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HomeMy WebLinkAbout4082 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. 4082. Upon Application of DR. PHILIP J. CENTONZE and MARILYN CENTONZE. Request for Variance under Article VII, Section 100-72 for approval of the lot area for the establishment of two principal uses within the existing structure. The lot area applicable to each use in this RO Zone District is 40,000 sq. ft. This lot has nonconforming area and width and is known as 5700 North Road (County Road 48), Mattituck, NY; County Tax Map No. 1000-140-2-11. Zone District: Residential-Office (RO). WHEREAS, a public hearing was held on March 5, 1992, at which time all those who desired to be heard were heard and their testimony recorded (see separate verbatim transcript of hearing); 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 request an area variance of the total existing lot area at 11,200 sq. ft. for the proposed conversion of an existing principal dwelling structure, presently containing a total floor area of 1860 sq. ft., from one use to two uses, to wit: a residential unit on the second floor containing 700 sq. ft. and a professional (dental) office on the first floor containing 1160 sq. ft. 2. The premises in question is located along the south side of County Road 48 (North or Middle Road), Mattituck, in the Town of Southold, which premises is identified on the Suffolk County Tax Maps as District 1000, Section 140, Block 02, Lot 11. 3. The subject premises is improved with a one and one-half story single family dwelling structure which is set back approximately 30 feet from the front property line, 53+- P~ge 2 - Appl. No. 4082 Decision Rendered March 5, ~992 Matter of DR. AND MRS. PHILLIP J. CENTONZE feet from the rear property line, and side yards at 8.8 feet at the easterly side and 30 feet at the westerly side. 4. The land in question contains a total lot area of 11,200 sq. ft. and a lot width of 75.00 feet along County Road 48. This parcel has been held in single and separate ownership according to the town's assessment and building records. Both the lot area and lot width are substandard in this Residential- Office Zone District. 5. The parking area has been designated on a site plan map prepared by Garrett A. Strang, R.A. dated January 29, 1992 for seven parking spaces in the rear yard area. Screening and other site plan elements will be addressed by the Southold Town Planning Board under the site plan application pending at this time. 6. For the record, it is also noted that: (a) this Board has rendered Special Exception approval permitting two principal uses as authorized by the Code, Article VII, Sections 100-7lB (2 & 7); (b) the Master Plan revisions adopted on January 10, 1989 re-zoned the subject premises to Residential-Office, and the although the size requirements for new parcels in this zone has increased, the size of this parcel has not been directly affected since it has been held in single-and-separate ownership, and there has been no literal change in the dimensions or lot lines of this parcel which would affect the circumstances of the revised master plan amendments; (c) this Board has received communications from the Southold Town Planning Board indicating that they have reviewed the plans and have determined that a handicapped parking space in compliance with the new American Disabilities Act must be shown together with any proposed sign and {outside) lighting facilities. 7. It is the position of this Board that the intent of the master plan revisions is to permit both uses, particularly under subsection 7 of 100-71B, which authorizes: ...Apartments may be permitted over retail stores and business, professional and governmental offices, subject to the following requirements... The Town in re-zoning this property has, in effect, sanctioned the nonconformities of the property in adopting new uses and requirements. 8. It this area variance, the Board has considered the following: Oage 3 - App1. No. 4082 Decision Rendered March 5, Matter of DR. AND MRS. PHILLIP J. CENTONZE (a) there will be no substantial change in the character of this parcel or adversely affect the neighborhood - this parcel is ample for two uses as proposed without the necessity of substantial physical changes to the property or the building; (b) there is no viable alternative for appellants to pursue, other than a variance; (c) the practical difficulties claimed are uniquely related to the property and are not limited to the owner or prospective purchaser; (d) the amount of relief requested is minimal under the circumstances; (e) there will be no substantial increase in population density or increased burden on public facilities by the grant of the relief requested; (f) the interests of the landowner is not outweighed when compared to the interests of the public welfare; the interests of justice will be served by the grant of the relief requested. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to GRANT an area variance for this substandard lot, as exists, in this Residential-Office Zone District, in this proposed establishment (addition) of a professional dental office on the first floor, in conjunction with the existing residential use - except that the floor area of the proposed single-family residential apartment unit will be strictly on the second floor and will be reduced to 700 sq. ft. on the existing (second floor) building area, as applied in the Matter of the Application of DR. PHILIP J. AND MARIL~ CENTONZE {contract vendees). Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Dinizio, Villa and Goehringer. This resolution was duly adopted. k CEIVED AND FILED BY THE SOUTt-!OLD TOV.q~ CLiLii,i Town Clerk, Town o~ ' . ,LC[ GERARD P. GOEHRINGER, ~HAIRMAN / APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. J~es Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOT~ 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 $outhold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, MARCH 5, 1992 commencing at the times specified below: (1) 7:30 p.m. Appl. No. 4075 - MICHAEL HERBERT. Variance (hearing reconvened). For permission to establish business sales office in addition to existing uses as an owner-occupied two-family dwelling with manager's quarters. The lot area applicable to each use in this Hamlet-Business Zone District is 20,000 per unit/use. The lot as exists is nonconforming for the existing principal uses having a total lot area of 20,129+- sq. ft. Location of Property: 795 Pike Street, Mattituck, NY; County Tax Map Parcel No. 1000-140-2-23. Page 2 - Legal No~ Hearings for March 5, 1992 Southold Town Board of Appeals [2) 7:35 p.m. Appl. No. 4083 - LEONARD AND DONNA SCH~EGAL. Variance to the Zoning Ordinance, Article XXIII, Section 100-231, for approval of fence exceeding the maximum four-foot height requirement in the front yard area and located along the northerly side property line. Location of Property: 1475 HomePike Road, Mattituck, NY; also shown on the "Map of Point Pleasant" filed in the Suffolk County Clerk's Office on May 17, 1916 as Map No. 720, filed Lot Nos. 13, 14 and part of 12 (containing 2.563 acres pf total lot area); County Tax Map Parcel ID No. 1000-114-1-5.1. (3) 7:40 p.m. Appl. No. 4071 - JOSEPH F. BARSZCZEWSKI, ~R. Variances to the Zoning Ordinance, Article XXIV, Sectio~ 100-244B, for permission to reduce setbacks, and Article XIV, Section 100-142, for lot coverage at more than thirty (30%) percent of the total lot area. Applicant/owner is proposing to locate a proposed principal storage building in this Light Industrial (LI) Zone District and will be required to obtain approval from the Southold Town Planning Board concerning the site plan regulations applicable for this nonconforming lot. Location of Property: of Peconic Bay Estates, 1000-53-2-9. 145 Kerwin Boulevard, Greenport, NY; Map Lot No. 176; County Tax Map ID No. (4) 7:50 p.m. Appl. No. 4084 - MARY C. BRENNAN. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3, for Page 3 - Legal Not Hearings for March 5 , 1992 Southold Town Board of Appeals approval of open porch (deck with roof) replacing previous deck structure, with an insufficient rear yard setback and lot coverage at more than twenty (20%) percent of the total lot area. This parcel of land is located in the R-40 Zone District and is nonconforming as to lot area (containing 3201 sq. ft.), width at 45 feet, and lot depth at 71.41 feet. Location of Property: 319 Champlin Place, Greenport, NY; County Tax Map Parcel No. 1000-34-3-41. (5) 7:55 p.m. Appl. No. 4074 - AMAC, INC. (Sukru Ilgin) for a Variance to the Zoning Ordinance, Article X, Sectio~ 10lB(12) and Section 100-102, Bulk, Area and Parking Schedule, for ' permission to establish retail sales of packaged food and non-food items as usually found in a convenience store, as an accessory to the existing gasoline service station, eliminating the service and repair areas (which were conducted in the existing bay areas of this one-story building.) Subject premises is nonconforming as to total lot area and depth in this "B" General Business Zone District. Location of Property: 7400 Main Road, Mattituck (Laurel School District), NY; County Tax Map Parcel No. 1000-122-7-1. (6 and 7) 8:00 p.m. DR. PHILIP J. CENTONZE and MARILYN · CENTONZE - regarding premises known as. 5700 North Road (County Road 48), Mattituck, NY; County Tax Map Parcel No. 1000-140-2-11. Applicants, as contract vendees, are requesting: Page 4 - Legal Hearings for March 5 , 1992 Southold Town Board of Appeals (a) Appl. No. 4082 - Variances to the Zoning Ordinance, Article VII, Section 100-72 for approval of the nonconforming area of the lot area for the establishment of two principal uses by the addition of a professional dental office on the first floor, and retaining livable floor area on the second floor (for a single-family dwelling unit), all within the existing structure. The lot area applicable to each use in this Residential-Office (RO) Zone District is 40,000 sq. ft. This lot is nonconforming as to area and width. (b) Appl. No. 4081 - Special Exceptions to th% Zoning Ordinance, Article VII, Section 100-71B(2 & 7) for permission to establish first floor professional dental office, as permitted by Section 100-71B(2), and a second floor apartment not exceeding 750 sq. ft. livable floor area, as permitted by Section 100-71B(7). (8) ~ Appl. No. 4076 - FUTURE SCREW MACHINE PRODUCTS (MR. AND MRS. WARREN E. HUFE, JR.) Variance to the Zoning Ordinance, Article VIII, Section 100-82 for approval of an addition, for storage purposes only, having an insufficient setback from the westerly side property line. Subject premises is a ~onconforming lot located in the Light Business (LB) Zone District. Location of Property: North Side of County Road 48 and the Westerly Side of Kenny's Road, $outhold, NY; County Tax Map Parcel No. 1000-59-7-33. ~age 5 - Legal Noti Hearings for March 5, 1992 ~ Southold Town Board of Appeals (9)~Appl. No. 4068 - ELEANOR SIEVE~ICH./~ariance to the Zoning Ordinance, Article XXIII, Section 100-239 and Article III, Section 100-32, Bulk, Area and Parking Schedule, for approval of the upland area of proposed Lot ~1 (79,449 sq. ft.) and proposed Lot #2 (74,568 sq. ft.), and for approval of the insufficient width of proposed lot 92 (73.37 ft) along Cox's Neck Road {a/k/a Cox Lane}. This project is a Minor Subdivision Application also pending before the Southold Town Planning Board. Location of Property: Easterly side of Cox's Neck Road, Mattituck, NY; County Tax Map Parcel No. 1000-113-8-5, containing a total of 3.765 acres. The Board of Appeals will at said time and place hearing 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: February 13, 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 2/14/92: L.I. Traveler-Watchman, Inc. Times-Review Marie Ongioni, Esq. (Attorney for Michael Herbert) Mr. and Mrs. Leonard Schlegal Mr. Joseph F. Barszczewski, Jr. Paul A. Caminiti, Esq. (Attorney for Mary C.. Brennan) Mr. Garrett A. Strang, R.A. (for AMAC, Inc. and Centonze) William D. Moore, Esq. (Attorney for Future Screw Machine/Hufe) Anthony Salvatore, Esq. (Attorney for E. Sievernich) Individual Files and Board Members FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD. N.Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE that your appli?ation dated .~.~ .~_ , 19 9 ~ for permit to ~' eJt'~'~°~' P"J~'.' "°~ i.~2i i ~i~i i i i i i i iii~i County Tax Map No. 1000 Section ... ].~. ...... Block ..... ~. ~ ..... Lot . ~/ ........... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds .~'~.~ .~.~. ~ ~.~. 2l ~(~) · ~-~..~w~- .~.~.*.. ~. ~. ~~~ .d~, .~,:. 7a..~}. ~.,. ,..F~q...u ~ ~..~.~t.~. ~'~ Building Inspector RV 1/80 TOWN OF SOUTHOLD, ~th~C~KTownCJerk APPEAL FROM DECISION OF BUILDING iNSPECTOR APPEAL biO. /-'/(~)~ DATE q.,a.g~.a.~.Y.....2..%... ! 9 9 2 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N Y. Name of ADpetiant Southold ................... ~J.e~'"~ZDz'k ...... HEREBY APPEAL TO .................................... State MunicmDai~ty TH~ ZONING BOARD OF APPEALS FROM TH~ D~CISION OF THE BUILDING INSPE~O~ ON ~a~ua~ 23~ 1992 APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO Ga~e¢~ A. St~a~q fo~ Ce~tonze Name of Applicant for permit of HaSh ~oa~ 2.0.Box 1~12 SouthoZ6z ~e~ Yo~k 11971 .... ' ......... : ' Municipality State Street and Number PERMIT TO USE PERMIT FOR OCCUPANCY ( ) ( } (X) Permit to Alter 5700 North Road (C.R. 48)..M..a...t..t..~.~.c..k.......R..y..O....Residential 1. LOCATION OF THE PROPERTY .................... '~'~;~';~?'2'~j~l~¥~")"'"0'~;""SiJrict on Zoning Map® District 1000 Section14081ock2 Lot11 ..... . ................................................................................. C~.-:.~ Owner Dr. Phillip Centonze-Contract Vendee Map No. Lot No. Prior Owner Steven F & Nancy Cohen 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.) Article VII Section 100-72 3. TYPE OF APPEALAppeoi is made herew,th for (please check appropriate box) ( X ) A VARIANCE to the Zcning Ordinance or Zoning Map ( ) A VARIANCE due to lock of access (State of New York Town Law Cha~. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal ~Jp~) (has not) 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 ( ) request for a variance .. and was made in Appeal No ............................. !...Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (×) A Variance to the Zoning Ordinance ( ) is requested for the reason that Form Z~I1 (Continue on other, side) ~EA5GN FOR APPEAL 1 STRICT APPLICATION OF THE ORDINANCE would produce proctlcol difficuit'ies or unneces., scrv HARDSHIP because The Lot is pre-existing nonconforming in lot area and dimensions. Strict application of the ordinance would disallow the intended use and occupancy. 2. The hardship created is UNIQUE and is not sh'ared by all oropernes alike in the immediate · vicimty of this property and in this use district because This particular parcle is smaller ~han many of the neighboring propertSes as well as being bounded on the south by an industrial use'building. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because The size and appearance of the building will remain essentially the same. The intended First floor use is One which is suggested by the ordinance in this zoning district. The intended second floor use is a continuance of existinq approved residential use in this zoning district not to mention thg. need for affordable rental housing units. In addition a second floor apartment is eligible for special exception consideration by the ordinance. The zoning district immediately across the North Road has residential uses above first floor business uses existing. STATE OF NEW YORK ) ) ss COUNTY OF ~"~ ) Signature Commission Expires /~.~'~,£/:/~-;?//;.~TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STRE~ O-'-?(Z~ V,LU'.GE D,ST.~ -'rOT FOmER' OWNER ~,~/~ ~ E~, , ~ ~ ~nC~m ~ll-.Co I,~n s w WPE OF BUILDING .... 6 R[S. ~/O ~$~$. VL FA~ CO~M. CB. MISC. ~kt. Valu~ · r ~ND IMP. TOTAL DATE REMARKS AGE BUILDING CONDITION N~ NOR~L BELOW ABOVE FA~ Acre Value Per Value Acre Tillable 1 Tillable 2 Tillable 3 Woodlond Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD 7~' ~ 7 o-~ ~ ~ j~ House Plot DEPTH ~ ~ BULKH~D Tot~ ~ ~ ~ D~K COLOR TRIM M. Bldg. Extension Extension Extension Porch Porch Breezeway Garage Patio Total /0~ 1.,-o : /ia ~1 C~L.-o Foundation Bath / Dinette ~asement F~ Floors ~) ct ~ K. ~t. Wells VJ ~ o J'¢ ~ ~;(~ Interior Finish ~ ~ LR. Fire Place Heat /~, ~,~ DR. Type Roof Recreation Roorr Dormer Driveway ,/ Rooms 1st Floor Rooms 2nd Floo~ BR. FIN. B. COUNTY OF SUFFOLK Robert J. Gaffney Suffolk County Executive April 15, 1992 StephenG. Hayduk, P.E. Commissioner Town of $outhold Planning Board 53095 Main Road P.O. Box 1179 Southold, New York 11971 Attention: Bennett Orlowskl, Jr. RE: C.R. 48, North Road - DR. PHILIP CENYONZE Gentlemen: We have reviewed the above referenced site plan. Specifically note that: This Department's acceptance;of the To~n as lead. agency, pursqant to Part 617, Article 8 (SEORA), In no ~ay waives the County's rights pursuant to 2391 of the General Municipal.Law and Section 136 of the Highway Law. A permit from this Department Will be required pursuant to Section 136 of the Rlghway Law for any improvements this Department.deems necessary along the County right-of-way. Before a permit ts issued by this Department for these Improvements, documentation pursuant to Section 239k of the New York State General Nunlclpal Law must be forwarded to us from the Town Building Department for our revlew and comments. Rebuild the existing 15' wide access to a 24' wide drop curb to allow for two (2) way trafflc. If you have any questions, kindly contact thls offlce at 852-4099. Thank you for your cooperation in this matter. RJL/MPC/jfb cc: Garet Strang, Architect Very truly yours, Richard J. Lavalle, P.E. (- Chlef Englneer~ M. Paul Campagnola/ / Permits Englneer ' / APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ScoTr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 March 26, 1992 Mr. Garrett A. Strang, R.A. P.O. Box 1412 Southold, NY 11971 Re: Appl. No. 4082 - Dr. Phillip Centonze {Spec. Exception) Dear Mr. Strang: Please find attached a copy of the Board's findings and determination rendered concerning the above application. Please be sure to return to the Planning Board concerning the site plan application {and subsequently to the Building Department your alteration permit or other approvals which may be necessary in this project). A copy of this determination has also been furnished this date to the Planning Board and Building Department for their update and permanent recordkeeping. Very truly yours, Linda Kowalski Enclosure Copies of Decision to: Suffolk County Department of Planning Southold Town Planning Board Southold Town Building Department PLANNING BOARD MEMBERS Bennett Orlowski, Jr.. Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone {516) 765-1938 PLANNING BOARD OFFICE '['O',Nlq OY SOUTI-tOLD April 28, 1992 Garrett A. Strang, Architect Main Road P.O. Box 1412 Southold, New York 11971 SCOTF L. It.~RRIS Supervimr Towa H~[. 53095 Main Road P.O. Box $omhoM, New York I 1971 Fax (516) 76~I823 : APR 2 1111 !Jill RE: Site Plan for Dr. Philip Centonze SCTMgl000-140-2-11 Dear Dr. Centonze: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, April 27, 1992. BE IT RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, do an coordinated review of this unlisted action. The Planning Board establishes itself as lead agency, and as lead agency makes a determination of non-significance, and grants a Negative Declaration. Enclosed please find a copy of the Negative Declaration for your records. Very truly yours, Bennett Orlowski, Jr. Chairman Encl. PLANNING BOARD MEMBERS Bennett Orh',wski. Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kennelh L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OFSOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination of Non-Significance SCOTT L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Somhotd. New York 11971 Fax (516) 765-1823 April 27, 1992 This notice is issued pursuant to part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Site plan for Dr. Philip Centonze SCTM~: Location: 1000-140-2-11 5700 North Road (CR 48) Mattituck SEQR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Description of Action: Yes ( ) No (X) This proposed site plan is for an alteration of an existing two story residence into a professional office (dental) on the first floor with rental apartment on the second floor. Page 2 Dr. Philip Centonze SEQR Negative Declaration Con't. Reasons Supporting This Determination: The project involves the alteration of an existing two story residence into a professional office (dental) on the first floor of the building, with a rental apartment on the second floor. The applicant has received a Special Exception from the Zoning Board of Appeals for these uses, thus the proposed action is consistent with zoning. The applicant will have to comply with the requirements of the Suffolk County Sanitary Code (SCSC) and all relevant standards of water supply and sewage disposal systems. Design and flow specifications, subsurface soil conditions, and site details will have to be approved by the Suffolk County Department of Health Services (SCDHS). This impact is not considered significant due to the anticipated project compliance with established requirements of the Suffolk County Sanitary Code (SC$C) and the Suffolk County Department of Health Services (SCDHS) and the required obtainment of the relevant permits. An environmental assessment has been submitted, reviewed and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. For Further Information: Contact Person: Robert G. Kassner Address: Planning Board Telephone Number: (516) 765-1938 cc: Suffolk County Department of Health Services Commissioner, NYSDEC, Albany Judith Terry, Town Clerk Southold Building Department Southold Zoning Board of Appeals J Applicant D£PARTM£NT OF PLANNING COUNTY OF SUFFOLK ROBERT J. GAFFNE'~ Il March 30, 1992 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Centonze, Dr. Philip & Marilyn Centonze, Dr. Philip & Marilyn 4081SE 4082 Very truly yours, Arthur H. Kunz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner (516) 853-5192 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD 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 Pursuant to Article X/V of the Suffolk County Administrative Code, The Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Plap_nJ_ng C~m, ission: xx Variance from the Zoning Code, Article VII , Section 100-72 __. Variance from Determination of Southold Town Building Inspector xx Special Exception, Article VII , Section 100-71 __Special Permit 4081SE & Appeal No: 4082 Applicant: Location of Affected Land: County. Tax Map Item No.: Within 500 feet of: 5700 North Road 1000- 140-2-11 Town or Village Boundary Line Dr. Philip Centonze as Contract Vendee (County Road 48), Mattituck, NY Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State'or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Strea~ or Drainage Channel Owned by the County or for which the County has established Channel Lines, or __ Within One Mile of a Nuclear Power PlantI Within One Mile of an Airport Comments: Applicant is requesting permission to --office with apazb~nt 'upstairs; and establish a professional bulk area and parking variance Copies of Town Dated: 3/11/92 file and related documents enclosed for your review. TOWN OF SOlYHIOI,I} OFFICI! OF BUII,I)IN(; INSIq~C'I'OI~ TOWN IIAI,L SOUTIIOLI), NEW YORK CIiP, TIFICATI~, OF OCCIIPANCY NONCONFORMING I'Pd~MI SES TIll5 IS TO CI~P, TIFY that the /~ I,and Pre C.O. #- z17230 ~ Bui lding(s) ~7 IJse(s} I)ate- Augost 25, 1988 located a.t 5700 County Road 48, Mattituck St root ]]amJ et shown oil County tax map as District 1000, Section 140 , Block 2 , Lot 11 , does(not) conform to tile present Building Zone Code of the Town of Soutbold for the following reasons: Insufficient total Area; Froat yard Set-back; Side yard set-back On tile basis of information presented to tile Building Inspector's Office, it has been determined that the above nonconforming ~ Land /X~ Building(s)~___/ Use{s) existed on the effective date tile present Buildiug Zone Code of ¢be Town of Soutbold, aad may be continued pursuant to and subject to the applicable provisions of said Code. IT IS FURTIII:R CEI¥1'IFIED that, based upon in£ormation prose, '~d to the Building luspector's Office, tile occupancy aud use I-or wbicl, his Certificate is issued is as follows: property coatalns 2 story I Family, woood framed Dwelling; Accessory Shed; Stockade fe~, ng ~: .~ - Post and Wfre fencing; brick and asphalt driveway; all situa~ in the A Resideatial Agricultural Zone with access to County F 48 a county maintained road. The Certificate is issued of the aforesaid building. Suffolk Couuty Department to William M. Guyton of llealtb Approwll N/A UNI)ERWRI'I'ERS CERTiFiCATE NO. N/A NOTICE IS IIEREBY GIVEN that tim owner of tile above premis IIAS NOT CONSENTED TO AN INSPECTION of the premises by tile Building ~;pec- tor to determine if the premises comply with all applicable co, and ordinances, other than the Building Zone Code, aud therefore, ~ :~ucb inspection has beeu conducted. This Certificate, therefore, d, uot, and is not intended to certify that tile premises applicable codes and regulati, ons. Building comply with laspector other TOWN OF SOUTHOLD Building Depar='nent Town Hall Sou~old, N.Y. 11971 765- 1802 APPLICATION FOR CERTIFICATE OF OCCUPANCY (ns~ucfion$ This application must be filled in typewriter OR ink, and submitted m ~ to the Building Inspec- tor with the following; for new buildings or new usa: 1. Final sun, ay of property with accurate location of all buildings, property lines, streets, and unusual natural or topographic features. 2. Final approval of Health Dept. of water supply and sewerage disposal-(S-9 form or equal). 3. Approval. of electrical installation from Board of Fire Underwritar~ 4. Commercial buildings, Industrial buildings, Multiple Residences and similar buildings and installa- tions, a certificate of Code compliance from the Architect or Engineer responsible for the building. 5. Submit Planning Board approval of completed ~[ta plan requirement'- where app~[cable. For existing buildings (prior to April 1957), Non-conforming uses, or buildings and "pre-existing" land uses: 1. Accurate survey of p=operty showing all property lines, streets, buildings and unusual natural or topographic features. 2. Sworn statement of owner or previous owner as to use, occupancy and condition of buildings. 3. Date of any housing code or safety inspection of buildings or premises, or other pertinent informa- tion required to prepare a certificate. Fees: t. Certificata of occupancy $25.00 -- BUSINESS $50.00 ACCESSORY $10.00 2. Certificate of occupancy on pre-existing dwelling $ 50.00 3. Copy of certificata of occ~pancy $ 5.00, over 5 years $I0.00 4.Vacant Land ~.O. $ 20.00 5. Updated C.O. . $ 50.00 Date . .A.u~.u.s.~. ~.3.,..1.9.8.8 .......... NewtOns t-ruc t,f-on~ ..... Old or Pre-existing Building ...... :~ ..... Vacant Land ............. Location of Property (.~.o. ~!). Route 48, Mattituck, N.Y. Hou~ N~ Street Ham/er Owner or Owners of Property WTLLTAH M. GUYTO[~ CounW Tax Map No. 1000 So,ion .... .~ .4 .0 : .0.0 ..... Block . .0~: 9.0 ......... Lot .... 9.[.~.- 9,09 ..... ,. Subdivision ...... Filed Map No. Lot No ............ Permit No ........... Date of Permit .......... Applicant .................................. Health Dept. Approval ........................ Labor Dept. Approval ........................ Underwriters Approval ........................ Planning Board Approval ...................... Request for Temporary Certificate. ~ ................... Final Certificate ....................... Fee Submitted $..5.0...0.0. ...................... Construction on above described building and permit meets al!~¢~/licable c~, des a.,nd regulations* Applicant / r ' . / 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: Planning Board FROM: Board of Appeals DATE: January 30, 1992 SUBJECT: Site Plan Coordination - Dr. Philip Centonze Our File # 4082 Our office has received the above noted application which is or will be pending before the Planning Board. Our request is made at this time under the Site Plan regulations in order that you may be pro- vided with notice to respond within the next sixty (60) days as re- quired by Section 100-254B(3). It is our understanding that Garrett Strang, R.A. will be in contact with your office directly in the event of Planning Board questions. Please communicate those areas which you feel may significantly affect those site plan elements applicable in the new project. Your comments, of course, may be noted by you as preliminary at this early time. Should additional information be necessary, please feel free to stop by our office to review the file or make copies as you deem will be necessary for this preliminary review. Enclosed for your convenience are copies of the sketch showing the parking layout and a copy of the application showing the proposed uses of the existing building. Thank you. lam ATTACHMENTS MIE~LI:: l'~i~ U f C.R. 48) ~ N 4~* 12' EO# E 78,00' · // '~ ~ ~, 3tL£' iiu I 124.~2' +- -~ ROOF OVER SURVEY OF PROPERTY A T MA TTITUCK TOWN OF SOUTHOLD SUFFOLK COUNTY, N.): 1000 '- 140- 02- 11 Scale 1" = 20' Aug. 10, 1988 CER TIF'IED TO' CHICAGO TITLE INSURANCE COMPANY TITLE NO. 8808- 7.Pl233 CEN TERBANK MaR TGA GE COMPA N Y STEVEN F. COHEN NANCY HALL CONE, Prepared I# accordance with fl~o minimum the L.LA.L.& and approved ~d adopled APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio~ Jr. R ber Tele¢O~one }5 ~') 7~5~-]1'~9 Appeal No. 4082 SCOTt k HARRIS Supervisor BOARD OF APPEALS TOWN OF SOUTHOLD SE~RA UNLISTED ACTION DECLARATION Project Name: Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 March 5, 1992 Dr. Philip Centonze & Marilyn Centonze County Tax Map No. 1000- 140-2-11 Location of Project: 5700 CR 48, Mattituck, Relief Requested/Jurisdiction Before This Board in this Proie~t: Approval of the nonconfo~-ng area of the lot area for estaDlmsbment of two principal uses within existing str~cture 1.Dental office-lst floor 2.Retain livable area-2nd floor This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur sh0u]d the project be implemented as planned, and: { } this Board wishes to assume Lead Agency status and urges coordinated written comments by your agency to be submitted with the next 20 days. { X } this Board has taken jurisdiction as Lead Agency, has deemed this Board of Appeals application to be an Unlisted SEQRA Action, and has declared a Negative Declaration for the following reasons: a. An Environmental Assessment has been submitted and evaluated, and/or b. An inspection of the property has been made, or c. Sufficient information has been furnished in the record to evaluate any possible adverse affect of this project as filed, and/or d. This application does not directly relate to new construction or on-site '~Lmprovements. { } this Board refers lead agency status to your agency since the Board of Appeals does not feel its scope of jurisdiction is as b~oad as the Planning Board concerning site changes and elements under the site plan reviews. The area of jurisdiction by the Board of Appeals is not directly related to site improvements or new buildings. (However, if you do not wish to assume lead agency status within 15 days of this letter, we will assume you have waived same, and we will be required to proceed as Lead Agency.) For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. mc NOTICE IS HEREBY - EN, pursuant to Section 267 of The Town Law and the Code of the Town of Southold, the following matters will be held for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road,~' Southold, New York 11971, on , THURSDAY, MARCH 5, 1992 commencing at the ~times specified below: (1) 7:30 p.m. Appl. No. 4075- MICHAEL HERBERT. Variance (hearing reconvened). For permission to establish business sales office in addition to existing uses as an owner-~.- occupied two-family dwelling with manager's quarters. The lot area applicable to each use in this Hamlet-Business Zon$. District is 20,000 per unit/us4J The lot as exists is nonconfor- ming for the existing principal uses having a total lot area of 20,129+ sq. ft. Location of Pro- perty: 795 Pike Street, Mat~/ tituck, NY; County Tax Map Parcel No. 1000-140-2-23. (2) 7:35 p.m. Appl. No. 4083- LEONARD AND DONNA SCHLEGAL. Variance to the Zoning Ordinance, Article XXIII, Section 100-231, for ap- proval of fence exceeding the maximum four-foot height re- quirements in the front yard area/~ and located along the northerly side property line. Location of Property: !475 HomePike Road, Mattituck, NY; also shown on the "Map of Point Pleasant" filed in the Suffolk County Clerk's Office on May 17, 1916' as Map No. 720, filed Lot Nos. 13, 14, and part of 12 (contair~- lng 2.563 acres of total lot area);/ County Tax Map Parcel ID No. 1000-114-1-5.1. (3) 7:40 p.m. Appl. No 4071- JOSEPH E BARSZCZEWSKI, JR. Variances to the Zoning Or- dinance, Article XXIV, Section 100-244B, for permission to reduce setbacks, and Article XIV, Section 100-142, for lot coverage at more than thirty/ (30%) percent of the total lot area. Applicant/owner is pro- posing to located a proposed principal storage building in this Light Industrial (LI) Zone District and will be required to obtain approval from the Suuthold Town Planning Board concerni_ng the site plan regula- tions applicable for this noncon~/ forming lot. Location of Pro- perty: 145 Kerwin Boulevard, Greenport, NY; Map of Peconic ~,, Tax Map ID No. 1000-53-2.9. (4)/:50 p.m. Appl. No. 4084- MARY C. BRENNAN. Variance to the Zoning Or- dinance, Article IliA, Section 100-30A.3, for approval of open// porch (deck with roof) replacing previous deck structure, with an insufficient rear yard setback and lot coverage at more than twenty (20%) percent of the total lot area. This parcel of land is located in the R-40 Zone District and is nonconforming as to lot area (containing 3201 sq. ft.), width at 45 feet, and lob, depth at 71.41 feet. Location of Property: 319 Champlin Place, Greenport, NY; County Tax Map Parcel No. 1000-34.3-41. (5) 7:55 p.m. Appl. No. 4074- AMAC, INC. (Sukru Ilgin) for a Variance to the Zoning Or- dinance. Article X, Section 10lB (12) and Section 100-102, Bulk, Area and Parking Schedule, for/ permission to establish retail sales of packaged food and non- food items as usually found in a convenience store, as an ac- cessory to the existing gasoline service station, eliminating the service and repair areas (which were conducted in the existing I bay areas of this one-story building.) Subject premises nonconforming as to total lot] area and depth in this "B"~ General Business Zone District.1 Location of Property: 7400 Main Road, Mattituck (Laurel School District), NY; County Tax Map Parcel No. 1000-122-7-1. Dan~ and 7) 8:00 p.m. PHILIP J. CENTONZE MARILYN CENTONZE -- regarding premises known as 5700 North Road (County Road 48), Mattituck, NY; County Tax Map Parcel No. 100-140-2-11. Applicants, as contract vendees, are requesting: (a) Appl. No. 4982- Variances ~'- to the Zoning Ordinance, Arti- cle VII, Section 100-72 for ap~ proval of the nonconforming area of the lot area for the establishment of two principal uses by the addition ora profes- sional dental office on the first floor, and retaining livable floor area on the second floor (for a single-family dwelling unit), all within the existing structure. The lot area applicable to each usej in this Residential-Office (RO) ·. Zone District is-40~000 S~ ft. This lot is nonconforming as to area and width. (b) Appl. No. 4081- Special Exceptions to the Zoning Or- dinance, Article VII, Section 100-7lB (2&7) for permission to establish first floor professional dental office, as permitted by/ Section 100-71B(2), and a se- cond floor apartment not ex- ceeding 750 sq. ft. livable Boor area, as permitted by Section 100-71B(7). (8) 8:15 p.m. Appl. No. 4076- FUTURE SCREW MACHINE PRODUCTS (MR. AND MRS. WARREN E. HUFE, JR.) Variance to the Zoning Or-,/," dinance, Article VIII, Section 100-82 for approval of an addi- tion, for storage purposes only, having an insufficient setback from the westerly side property line. Subject premises is a non- conforming lot located in the Light Business (LB) Zone District. Location of Property: North side of County Road 48,/ and the westerly side of Kenny's Road, Southold, NY; County Tax Map Parcel No. 1000-59-7-33. (9) 8:20 p.m. Appl. No. 4068- ELEANOR SIEVERNICH. Variance to the Zoning Or- dlnance, Article XXIII, Section 100-239 and Article III, Section 100-32, Bulk, Area and Parking, Schedule, for approval of the ' upland area o f proposed Lot #1 I (79,449 sq. ft.) and proposed Lo,t 6*2 (74,568 sq. ft.), and for ap- proval of the insufficient width i of proposed lot g2 (73.37 ft.) i along Cox's Neck Road (a/k/a ~' Cox Lane). This project is a ~ Minor Subdivision Application ' also pending before the~/ Southold Town Planning Board, ' Location of Property: Easterly side of Cox's Neck Road, Mat- tituck, NY; County Tax Map Parcel No. 1000-113-8-5, con- raining a total of 3.765 acres. The Board of Appeals will at said time and place hear any and all persons or representatives desidng to be heard in the above matters. Written comments may~' ~ also be submitted prior to the .conclusion of the subject hear- lng. Each hearing will not start before the times designated above. For more information, please call 765-1809 or visit our office. Dated: February 13, 1992. BY ORDER OF THE SOUTHOLD TOWN/~ BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By: Linda Kowalski IX-2/20/92(4), COUNTY OF SUFFOLK STATF. OF NEW YORK sS: Pa'tricia Wood,' being duly sworn, says that she is the Editor, ol' THE I-ONG ISLAND TRAVELER.WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice o£ which thc annexed is a printed copy, h,t~ I)cer'~ pul) shed in s;tirl Lon,g Isl,~n(I Tr;werur'-W;nchm;m once L',lch week for. .............. succcssivcly, commenc}ng on thc .......... /~..~T ....... hcforc mc Ibis '' .................... February 1 99.2.... Nolary Public BARBARA A, SCHNEIDER NOTARY PUBLIC, $l?.te ol New York No. 480G846 ,Qualified in Sullolk CotJnty/ Commission Expires o~/31/gl~ NOTICE IS 1 IEREBY GIVEN, pur- suant to Section 267 of the Town Southold, the following matters fern the SCUT110L.D TOWN BOAI~'D OP AppEALS at the Southold Town lin0. 53095 Main Road. Southold, New york 11971, on TIIURSDAY../ MARCII 5, 1992 commencing at the times specified below: (1) 7:30 p.m. AppL No. 4075 -- (hearing reconvened), For penms- rice in addition to existing uses as. dwelling with manager's quaRers, The lot area applicable to each use/' trict is 20,000 per unit/use, qbe lot as exists is nonconforming for thc Iai lot area of 20,129+- sq. ft, Loca- tion of PropetW: 795 Pike Street, Parcel No. 1000-1g0-2-23- (2) 7:35 p.m. Appl. No. g0.8.3..~7 LEONARD AND DONNA SCtll.ti- / GAL. Variance to th~ Zoning Orili- nance. Article XXI[I, Section 100- 231. for approval of fence excecd- ~egnuirement in the front yard ~rea ~ located along the pora~erly s~ile eny: 1475 llome Pike Road. ~am- tuck NY also sh?wn on the Map 40 of p'oint pleasant' filed in the folk County Clelk's Office on May Nos. 13 14 and part of 12 (containing 2.563 acres pf total lot area); County Tax Map Parcel ID (3) 7:40 p.m. AppL No. 4071 -- .IOSEPll F. BARSZCZEWSKI, Variances to ~h¢ Zoning Ordinance, for permission to reduce setbacks, and ArticinXIV, Section 100-142, for lot coverage at more than thi~y Applicant/owner is proposing to locate a proposed principal storage building in this Light Industrial (LI) Zone District and will be nonconforming lot. Loeatton of Property: 145 Kerwin Bouinvard, Bay Estates, Lot No. 176: County Tax Map ID No. 1000-53-2-9. (4) 7:50 p.m. Apph No. 4084 MARY C. BRENNAN- Variance to insufficient rear yard selback and forming as to 3201 sq. ft.), width al lot depth at 71.41 feet. Location of ,7:55 p.m. AppL No. 4074 -- MAC, INC. (Sukru llgin) for a the Zoning Ordinance, eliele X, Section IO1B(12) and 100-102, Bulk, Area and Schedule. for perraission/ to establish retail sales of packaged food and non-food items as usua0y accessory to the existing gasoline service station, eliminating the service and ~epair areas (which were conducted in the existing bay areas of this one-story intilding.) Subject ises s onconfonning as to ~ tPottal lot area and depth m ins II / Gencral Business Zone District. Lo- cation of Property: 7400 Maiu i/.oad, Matrituck (Laurel School District), NY; County Tax Map ~j~cel No. 1000-122-7-1. 6 and 7) 8:00 p.m. DI; / .l. CENTONZ '~ and MARILYN C I.:~N - TONZE -- regarding prcmises known as 5700 North P. oad (County P. oad 4g), Mattiluck, County Tax Map Parcel No. 1000- 140-2-11. Applicants, as contract (a) AppL lx -- Variances to the Zonthg Orilinance, Article VII, Section thc noncoufonning area of thc lot ptlnclpal uses hy the addition of a single-family dwelling unit), ali within the existing structure, qbe lot area applicable Io each use in this Residential-Office (RO) District is 40,000 sq. ft. This lot is (h) Appl. No. 4081 -- Special Exceptions to the Zoning Ordi- nance, Article VII. Section I00- 71B(2 & 7) for permissiou establish first floor professional dental office, as permitted by Sec- lion 100-71B(2), and a second Boor apartment not exceeding 750 q. fl. livable floor area, as g:rmitled by Section 100-71B(7)~( (8) 8:15 p.m. Appl. No. 4076/~ :UTURF. SCREW MAClIiNE PROI)UCTS (MR. AND MRS. WAP. IfF~N IL IIUI:E, JR.) Variance to the Zoning Ordinance, Arlicle /HI. Section IO0-82 for approval ~f an addhion, for slorage purposes ~nly, having an insufficient set- back from the westerly side prop- fly line. Subject premises is a ,onconfonning lot located in the/ fight Business (LII) 7'x~ne District. .ocafion of Property: North Side of :ounty Road 48 and the Wcs~clly gid~ of Kcnny's Road, Soulhold, Couury Tax Map Parcel No. STATE OF NEW YORK) )ss: COUNTY OF SUFFOLK) ~ld ~un~, bel~ du~ ~or~ ~s that he/she b Principal Clark of THE SUFFOLK TIMES, a Weekly Newspaper, pubtbhed at Mattltuc~ In the Town of Southold, ~un~ of Suffolk and State of New Yo~ and t~t the Notice of which t~ annexed b a ~nt~ coW, ~ b~n r~ula~ ~bll~ In said Newspape~ once each week fo~ / weeks suecesslvely, commencing on the ~ . day of ~rincipal Clerk ELEANOR SIEVEI~ICIL Vadance XXIH, Section 100-239 and A~iele ii. Section 100-32. Bn[k. Area and 'arking Schedule, for approval of he upland area of proposed (79,449 ~q. ft.) and pro~sed Lot ~2 (74,568 sq. ft.). and for ap- proval of the insufficient width of proposed tot g2 (73.37 ft.) along Cox's Neck Road [a~/a Cox ~ne}. This project is a Minor Su~ivision Application also pending before NY; Counly Tax Map Parcel No. lime and place hearing any and aB submitted prior to the conclusion hearing will not sta~ before the tPne~ designaled above. For more information, pleage call 765-I809 or visit our office. ;Dated: Feb~a~ 13. 1992. B Y ORDER OF By ~nda Kowalski 7204- I TF20 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 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 ~age 3 - Appl. No.~ :82 Decision Rendered March 5~ 1992 Matter of DR. AND MRS. PHILLIP J. CENTONZE Vote of the Board: Ayes: Dinizio, Villa and Goehringero (a) there will be no substantial change in the character of this parcel or adversely affect the neighborhood - this parcel is ample for two uses as proposed without the necessity of substantial physical changes to the property or the building; (b) there is no viable alternative for appellants to pursue, other than a variance; (c) the practical difficulties claimed are uniquely related to the property and are not limited to the owner or prospective purchaser; (d) the amount of relief requested is minimal under the circumstances; (e) there will be no substantial increase in population density or increased burden on public facilities by the grant of the relief requested; (f) the interests of the landowner is not outweighed when compared to the interests of the public welfare; the interests of justice will be served by the grant of the relief requested. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to GRANT an area variance for this substandard lot, as exists, in this Residential-Office Zone District, in this proposed establishment (addition) of a professional dental office on the first floor, in conjunction with the existing residential use - except that the floor area of the proposed single-family residential apartment unit will be strictly on the second floor and will be reduced to 700 sq. ft. on the existing [second floor) building area, as applied in the Matter of the Application of DR. PHILIP J. AND MARIL~CENTONZE {contract vendees}. Messrs. Grigonis, Doyen, This resolution was duly adopted. lk GERARD P. GOEHRINGER, ~HAIRMAN / Page 17 Public Hearing--Centonze Southold ZBA 3/5/92 APPEAL # 4081SE and 4082 Applicant (s): Dr. Philip J. Centonze Location of Property: 5700 North Rd. County Tax Map # 1000-140-2-11 and Marilyn Centon~e (County Road 48) Mattituck, NY The Chairman opened the hearing at 8:17 p.m. and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a survey produced by Garrett Strang architect indicating the changes from a dwelling to a dental office on A-1 of this copy dated February 26, 1992. And the existing second floor will probably remain almost exactly the same except there would be a kitchen placed, I assume, on the second story of this structure, dwelling. And I have a copy of the Suffolk County Tax map indicating this and surrounding properties in the area. Again Mr. Strang. MR. STRANG: This is a joint application one for a special exception as'well as for a variance. I guess quite a few of the points that apply to one, apply to both and many things that I will be saying here will be applicable to both aspects of this application for both actions--the Special Exception and the Variance. Again the subject lot of 11,200 sq.ft, is pre-existing and non-conforming in the residential-office zoning district. The site is presently developed with a two-story single family residence, which is included in this district. If the necessary approvals are granted, as per the application, the building will remain in its present size and configuration with exception to modifications mandated by law to make the building accessible to the handicap via a ramp at the primary entry. The proposed professional office as applied for is specifically listed as a use permitted by Special Exception in this zoning district. The proposed second floor apartment as applied for is also specifically listed as a use permitted by Special Exception in the zoning district to help address the year round housing needs of the hamlet areas. And if approved will be made in compliance with Section 100-91 B4 A-F as a condition for a Special Exception. Due to the pre-existing nonconforming lot area, strict application of the code, would prohibit my client from use of the property as he has intended and has been noted in the appeal. His present location, Dr. Centonze office location, is on the second floor of a building in Mattituck, which makes it difficult for some of his patients to gain access to the second floor due to the absence of an elevator in that building. In addition there is minimal almost no on-site parking available to his patients. His interest in the subject property is its location, ease of access from County Road 48, the ability to provide adequate parking, as well as making the first floor of the building easily accessible to th~ handicapped. The first floor area is adequate for his office needs and he is aware that the zoning district provides the consideration of his application as an approved use. This building, however, has a second floor which he could not use as his office without installation of an elevator, which would be totally impractical. Without the option of using the second floor as an apartment, the space would have to remain unutilized which Page18 Public Hearing--Centonze Southold ZBA 3/5/92 MR. STRANG: Con't. would create an economic hardship having had purchased the two-story building and being subject to taxes thereon. Since the immediate surrounding area is a mixed bag of residential, commercial, and industrial uses, it is our position that the proposed mixed use on this site will have no adverse affect on the character of the district. Furthermore due to the minimal nature of the activity created by the professional office and apartment we believe that the lot is of adequate size to support these uses. The parking required as shown on the site plan will be properly screened from neighboring properties and to assure same, as you are aware, will be subject to site plan approval by the Planning Board. It is our opinion that this application is in keeping with the spirit of the ordinance for which this zoning district was established. Finally, considering the Special Exception as applied for is again our opinion that all aspects of Section 100-263 A-F as well as Section 100-264 A-P have been met and or adhered to We will ask the Board is they will look favorably on this application to grant extended approval period in as much as several additional approvals must be attained and my client will not be in a position to proceed with this project immediately. If the Board has any questions at this tmmer CHAIRMAN GOEHRINGER: By that you mean, assuming that you get approval from here, you still have to get site plan approval is that what you are saying. MR. STR~N~: We not only need site plan approval, but we will need County Health Department approval and there is a myriad of steps through the Health Department to get that approval because again of the mixed use. CHAIRMAN GOEHRINGER: Do you need an additional curb cut from the County in reference to. MR. STRANd: That is still up in the air as to whether we will or can ~ive with and use the existing curb cut as it is. I guess they will make the determination again, again based on the size of the parking in the minimal amount of traffic flow that will be generated by this use. CHAIRMAN GOEHRINGER: This house is a one-family structure right now. MR. STRANG: Yes it is. CHAIRMA~ GOEHRINGER: There is no facilities for the preparation of food on the second floor. MR. STRANG: Not at this time, no. The second floor is comprised of three (3) bedrooms and a bathroom. CHAIRMAN GOEHRINGER: be taken out. As is the same the kitchen downstairs would MR. STRANG: The kitchen downstairs would be removed. Page 19 Public Hearing--Centonze Southold ZBA 3/5/92 CHAIRMAN GOEHRINGER: For the record, I think this is probably one of the best plans I have ever seen in reference to mobility and movement. This of course is a relatively low traffic use in reference to its tendancy and I don't have any specific questions. I think that the site plan and everything you have furnished from my particular job is self-explanatory. I will ask the Board members is they have any specific quetions. MEMBERS: No. (Tape turned over) CHAIRMAN GOEHRINGER: Is there any one else who like to speak against the application. Seeing no hands, I make a motion closing the hearing reserving the decision until later. And we thank you both for coming in. MEMBER GRIGONIS: Second Transcribed by tapes recorded 3/5/92 PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD qrn~r~r L. HARB.!£ Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 TO: FROM: DATE: RE: Gerard P. Goehringer, Chairman, Board of Bennett Orlowski, Chairman February 14, 1992 Dr. Philip Centonze C.R. 48 & Wickham Avenue SCTM# 1000-140-2-11 Appeal # 4082 Appeals The following is in response to your request of January 30, 1992, for site plan comments on your appeal # 4082, Dr. Philip Centonze. The Planning Board is in favor of this site plan. A handicapped parking space in compliance with the new American Disabilities Act's (ADA) standards must be shown on the site plan. A dumpster must also be shown on the plan as well as any proposed sign and lighting. 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 Southold Town Zoning Board of Appeals From: Judith T. Terry, Southoid Town Clerk Dated: January 27, 1992 Re: Zoning Appeal No. 4082 - Variance Dr. Phillip Centonze Transmitted herewith is Zoning Appeal No. 4082 application for a variance submitted by Garrett Strang on behalf of Dr. Phiilip Centonze. Also included is: Notice to Advacent Property Owners; Shore Environmental Assessment Form; ZBA Questionnaire; Notice of Disapproval from the Southold Town Building Department, dated January 24, 1992; Letter of Authorization, dated January 20, 1992; copy of Contract of Sale; and survey. Judith T. Terry Southold Town Clerk - LETTER OF AUTHORIZATION - TO WHOM IT MAY CONCERN: Garrett A. Strang, Architect, in making application to any State, agency with regard to this project. , authorize to act on my behalf County or Town Sworn to before me this ~,'x day of January, 1992. NOTARY PUBLIC, STATE OF NEW YORK EILEEN M, ROACHE Notary Pub~io, gtate of New York No. 4826942 Oual~fled n SuffolkCounW Commission Expires January 31.19 617.21 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) 1. ApPI.IGANT IEPONEOR I 2. FROJEC~' NAME Garrett A. Stranq. Architect I Office for Dr. Centonze Mu.~¢~D~ Southold ¢ou.~ Suffolk SEQR 5900 North Road (C.R. 48) Mattituck, New York 11952 Conversion of single family residence to first floor dental office second floor apartment Special exception and lot area variance required RESULT OF "ROeOSED aCTION WILL ~,STING PERMiT,a~,ROVaL REQUIRE MOOIFI~TION? ~Ye. ~.o N/A , CERT,FY that T,E INFOAMAT,ON FROV,OEO REevE IS TRUE TO THE RENT OF Mt KNOWLEOOE ADplicanusaonsor .,m.:__~7~. arrett A. St~ng, Architect Da,,: 1/24/92 If the action is in the Coastal Area, and you are a state agency, complete the I Coastal Assessment Form before proceeding with this assessment OVER 1 .(Continued on reverse side) The N.Y.S. Environmental Quality Review Act requires of this form, and an environmental review will be made by submission before a~y action is taken, tb~s board (&) ~m order bo answer the questions in this short EA~ it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that add£tionai s=udies, researc~ or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- (c) If all questions have been answered No it is likely that the ~roject ~s not significant. (d) Environmental Asseesmen~ 1. Will project result in a large physical change to the project site or physically'alter more than l0 aores of land? 2. Will there be a major change to any unique or unusual land form on the site? ___Yes X~o 3. Will project alter or have a large effect on an existing body of water? Yes MX No 4. Will project have a potentially large impact on groundwabar quality? ~Yes XX No 5. Will project significantly effect drainage flow on adjacent sites? ~Yes XX No 6. Will project affect any threatened or endangered plant Or animal species? ~ Yes XXNo 7o Will project result in a major adverse effect on air quality? 8. Will project have a major effect on visual char- known to be important to the community? ___Yes 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical e~vircnmental area by a local agency? ___Yes XXNo 10. will project have a m~jor effect On existing or future recreatiHnal opportunities? Yes X~XNo ll. Will project resnlt in major traffic problems or cause a major effect to existing transportation .' ' systems? · __YeeXX__wo 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- anco as a result Of the project,s operation? ~YeeXX No 13.Will project have any impact on public health or safety? 14. will project affect the existing community by tioo of more than 5 percent over a oeo-year Yes XX No period or have a major negative effect on the charact~of the community or neighborhood? RePresentin~: C~n~!C C~r~t U~nd~ _ _~1/24/92 ~/~5 Date: 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.) Steven & Nancy Cohen Present owner- seller of property B. Is the subject premises listed on the real estate market for - sale. or being shown to prospective buyers? { x} Yes { } No. (If Yas, pl~ a~h ~t~F ~f "cond/~ns" of sale.) C. Are there =~x pzuposals to ~hange~rr alter land cuntcur~? { } Yes {x} No D. 1. Are there any areas which contain wetland grasses? NO 2. Are the wetland areas shown on the map submitted with this application? N/A 3. Is the property bulkheaded between the wetlands area and the upland building area? N/A 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? N/A E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? N/A (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fen=~ which exis~ and are not ~hown cn the survey map that you ara submitting? N/A 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? NQ If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel Single Famii~ Residence and proposed use Dental office with second floor apartment. Aufinorized Signature and Dat~ 3/87, 10/901k § 97-13 WETLANDS § 97-13 TOWN -- The Town of Southold. TRUSTEES -- The Board of Trusteee of the Town of Southotd. [Added ~-$-84 by L.L. No. 6-1984! W~TLAN~DS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 by_,L.L. Nm 6-19~5]: -" '"' *" · '"'~ iDAL 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 tow tide are covered by tidal waters tn a maximum depth of five (5) feet, including but not limited to banks, bogs. salt marsh, swamps, meadows, flats or other Iow 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, tall cordgrass, high bush. cattails, groundzek m~'sbmnllow alld l~w 'rnnre_h e..ordL2~n~; nnt~./ur (3) All lnnd immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. FRESHWATER WETLANDS: (I) Freshwater wet ands" 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 13(1) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." 9705 z- ~-s. ss P~r~s: Prepgrty: WARNING= NO REPRESENTATION IS MADE THAT Tills FORM OF CONTRACT FOR TtlE SALE PURCHASE OF REAL ESTATE COMPLIES WITH SECTION 5-702 OF THE GENERAL OBLIGATIONS LAb ("PLAIN ENGLISH"). CONSULT YOUR LAWYER BEFORE SIGNING IT. NOTE: FIRE AND CASUALTY LOSSES: This contract form does not provide for what happens ia the even. of fire or casualty loss before the title closing. Unless different provision is made in this contract, Section 5-].31] of the General Obligations Law will apply. One part of that law makes a purchaser responsible for fire and c~ualty upon taking ct title to or posaeaaion ct the premises. CONTRACT OF SAI_I:' made as of the ./~ ~ day ct December ].f91 BETWEEN STEVEN F. COHEN and NANCY HALL-COHEN, his wife, Addr~:5700 North Road, Mattituck, New York hotcinahcr called "SI~.I.I.EW', who agrees to sell, and PHILIP J. CENTONZE and M~RILYn C~TONZE, his wife, Baiting Hollow Lane, Baiting Hollow, New York hereinafter called "PURCHASER", who agrsea to buy: Thc property, 'ncludtng all buildi,,gs a,d hupruvemcnls thcreou (the "IqtEMISES") (n,o,e fully dc~,:~il,ed on a separale pago marked "Schedule A") and al~o known as: StreetAddre~. 5700 North Road, Mattituck, New Yo~k TaxMapDe~ignati°n:Dist: 1000 $~¢: 1.i0 Blk: 2 T,ot: 11 Together with SELLER'S interest, if any, in streets and unpaid awards as set forth in'Paragraph 9. The sale also includes all fixtures and articles of I~rsonal property attached 'to or used in cunnccti~.t with the PREMISES, unless specifically excluded below. SELLER states that they are paid for and owned by SELLER free and clear of any lien other than the EXISTING MORTGAGE(S). They include but are not limited to plumbing, heating, lighting and cookin~ fixtures, bathroom and kitchen cabinets, mantels, door mirrors, venetian blhsds, shades, screens, awnings, storm windows, window boxes, storm doors, mail hoxes, weather vanes, flagpoles, pump~, shrubbery, fencing, outdoor statuary, tool sheds, dishwashers, washing maehinss, clothes dryers, garbage disposal units, ranges, refrigerators, freezem, air conditioning equipment and iastallatioos, and waU to wall carpeting... Excluded from ~ sale are: Furniture and household furni~bi,~t~,~, 1. a. The purchase price is payable as foUows: On the signing of this contract, by check subject to collcctiou: By allowance for the principal amount still unpaid on EXISTING MORTGAGE(S): By a Purchase Money Note and MortgaGe from PURCHASER (or assigns) to SELLER: BALANCE AT CLOSING: $ 146,000.00 ' $ 14,600.00 w~lr'uiamsubjccttothe riorlc ora EX[5 [NGMOi(IGAGkc~,,zthou,itthe ' ' ' ' " 'P' ' Y ~ ...... ': G EXI5 INi, Mo(::(,~;. ...Jiii~d in g~d fulth. The l%rcilase Mo,,ey No e an( Mar ga~' ~hall be dr.~vn on thc 'rICOH J ll'l I" (;UARAN'IEI. COMPANY ~la.dard form hy thc allomey ]~r SELLER. PUI~CHASE~ sh. II pay he nmrl~agc rccordi.~ lax, al d thc ut orney~ fcc~ m die mnount of ~ for ia prcparaliou. c. If a.y r~quired paymenm are mad~ on en EXISTING MORTGAGE between now and CLOSING which r~duce the unpaid princi~l amount of en ~ISTING MORTGAGE below the .,mount shown in Par.~r. ph 2, then the balance of the price payable at CLOSING will be u~justed. S~LEE agrees Ih.t the amouut shown lu P,~ragraph 2 is reasonably corr~t and that only paymcna required by thc EXISTING MC:ITGACE will bc d. Ii there is a mortgage escrow account that is malnt.incd [or thc purpose of p. ying taxes or in~tir.nce~ etC., SELLER ~hall a~ign it to PURCHASER, if it can be a~iS.cd. In that event PURCHASER ~l,all pay th~ ~mount thc escrow accouut to SELL~ at CLOSING. DefineJ and Form o! ~eJ: Closing Broker: Assignm,-, Unpnld .4 wards: Certi~cat~ Compllan, ~ with State and Mttni, ivM t'iolations New 2, 'Hie PREMISES will be conveyed subject to the continuing Hen of "EXISTING MORTGAGE(S}" aa fo Mortgage now in the unpaid principal amount of $ and interest at the rate of per cent per year, presently payable in installments of $ which include principal, interest, aml with any balance of prlneipnl being due and payable on SELLER hereby states that no EXISTING MORTGAGE cantatas any provision that permits thc holder of mortgage to require its immediate payment in lull or to change any other term thereof by reason of the fact CLOSING. 3. All money payable under this contract, unless otherwise Sl.~ificd, shall be either: a. Cash, but not over one thousand ($1,000.00) Dollars, b. Good certified check el PURCItASER, or off, rial cheek of any bank, savings bank, trust company, or r~tvi: and loan association ha~ng a bank~fg 01~ice in the State of New York, payable to the order of SELl.ER. or to order of PURCHASER ami duly endorsed by PURCHASER (if an individual) to the order of SELLER in presence of SELLER or SELLER'S attorney. c. Money other than the purchase price, payable to SELLER at CLOSING, may be by check of PURCIIAS up lo the amount of Five tlundred ....................... ($ 500 . O0 ) dollar.,. d. Aa otherwise a~eed to in writing by SELLER or SELLER'S attorney. 4. Thc PREMISES are to be transferred subject to: a: Laws and governmental regulations that affect the use and maintenance of the PREMISES, provided ti they are not violated by the buildings and improvements erected on the PREMISES. b. Consents for the erection of any structures on, under or above any streets on which the PREMISES abut c. Encroachments of stoops, areas, cellar steps, trim and cornices, if any, upon any street or highway. any reDuta~le Title Co. 5. SELLER shall give and PURCHASER si, MI accepl al,ch Ii,in will Iw~ willing Io approve and nnt ~ tn aecmdance with Ihe alamJard fo~ of policy approved by the New York Slale Insurance Department, auhjecl only Io the mailers provided for in this ~,lracl. 6. "CLOSING" me,ns the settlement of the obligations of SELLER and PURCHASER to each other under contract, including the payment of the purchase price to SELLER, and the delivery to PURCHASER of ~rqatn a sa~e w/~ve~k aqa~me ~aH~or*~ ~ d~d in pro~r slatu~ory form for reco~,li, so as to transfer full ownership (gee simple title) to Ihe PREMISES, free of all encumhranees except an h,'re staled. The deed will contain a covenant by SELLER as required by S~tion 13 of the Lien Law. If SELLER is a corporation, it will deliver I~ PURCtlASER at the time of CLOSING (a) a resolu6on of its Boa of Directors authorizing the sale and delivery of Ihe d~d, and (b) a ccrtificale by the Secrelary or As. i5ta Secretary of the corporation certifying such resal.fion and setting forlh facts showing that the Iransfer confo~ity wilh the requirements of S~lion 909 of the Business Corporation Law. The deed in such case contain a r~ital sufficient to establish compliance with that section. 7. CLOSING will take place at the o~ce of ~ichael g. Ha~1 or ~he lend,hq instit~ign , at 10 a.m.°cmcx°nOr about Feb. 1 ..19 92 8. PURCHASER hereby stales that PURCHASER hes not dealt with a.y 5roker i. co..~tio, wilh thia ~ale Other thl S type and SELLER agrees to pay thc broker the commission earned /hereby (pursuant to ~parate 9; ~,s sale includes all of . ELLER S ownersh,p and r,ghls, If any. m any I.nd lying in thc bed of h,ghway, opened oI proposed, in front of or adjoining the PREMISF~ to the cenler line thereof, h a.y right of SELLER to any u.paid award by reaso, of any taki.g by to.detonation a.d/or far any ~1~. PREMISF~q by reason of fha.ge of grade of any slreel o~ highway. SELLEII will d.liver al no a&lifion.l lo PURCIIASER, at CLOSING, or lhnreaftet, on demand, any documenls which PURCIIASER may rnquire coll~t the award and damagea. ' 10. SELLER agrees to deliver to PURCHASER at CLOSING a certificate dated not more than thirty (30) da] before CLOSING signed by the hohler of each EXISTING MORTGAGE, in form for recording, ccrtifvlng ti' amount of the unpaid principal and interest date of matur ty, and rate of interest., SELLER shall pay Ihe' fees fr recording such certificate. If m%~ ho der o[ a mortgage s a hank or other institution as defined in Section 274-~ Real Property Law. it may, instead of the certificate, furnish an unqualified letter dated not more Ihan thirty (30 days before CLOSING containlug the same informalion. SELLER hereby states that any EXISTING MORTGAG will not be in default at the lime of CLOSING. 11. n. SELLER will comply with all notes or notices of violalions of law or municipal nrdinan,'ca, orders o requirements noted in or issued by any governnumlal department having authority as to lands, ho.~ing, huildinl~ fire, health and labor c,,nditions afl. ting the PREMISES .~ d,. dale hereof. The PREMISF~% shall be lrnnnf.rre, Gcc of them at CLOSING and thin pr.vision shall nervier CI,OSING, SH,I,ER al,nil fln.i.h I'IIItCIIASI']{ wit h. All obligations affecting the PREMISES, iht.reed pursuant to the AdminintraGve Code of the City o New York prior to CLOSING and payable in re,may shall be discharged by SEI,LER nl CI,OSING. Thin pro¥iniul shall surely. CLOSING, 12. If at thc time ,,f CL(~G thc PREMISES are affected by an assessment which is or may become payable ~al Io~talh.,,. and the fir,,t in~talhnent is then a lie~, ~--. been paid, then f-r Ihe p.'rm,ses ,,f ghi,~ eontrne' DESCRIPTION ALL that certain plot0 piece or parcel Mattttuck, To~n of SouthoLd, County of Suffolk and State o£ New York, bou~ded and described as follows; BEGINNING at a point on the sout..~terly side of R~untlton Avenue (Middle Road - C.R. 27) distant 12~.02 feet southwesterly fro~ the westerly end of a line connecting the southeasterly side of said Hamilton Avenue w~th the ~este~l¥ side of W~ckham Avenue; AND FROM SAID. POINT OF BEGINNING BUNNING THENCE along land now or for~terly of Lomaga South ~ degrees 47 minutes 20 seconds east 150.00 feet to land now or formerly of Brown; RUNNING THENCE along sa~d land south ~ degrees 12 minutes ~0 seconds west ?~.0 feet to land no~ ~.~ formerly of' Zapp, fo~rly of Robinson; RUNNING THENCE along sa~d land north 33 degrees ~? minutes 20 seconds west 1~0.0 feet to the southwesterly side of said R~m,~lton Avenue; RUNNING THENCE along the southwesterly side of said Ba~lt0n Avenue north ~ degrees 12 mtnutes.~O ~seco?ds east 7~.0 feet to the potn.t.o~ place of beginning. TAY, 1~1, DILglGhlA'rloN: Dlsl~['lO00 Sectto~,l/tO'.O0 LIIo¢I~' 02.00 Lot 011.000 , DESCRI~I'ION RIDER TO CONTRACT OF SALE BETWEEN STEVEN ~. COHEN AND NANCY HALL COHBN, AS SELLERS AND PHILIP J. CENTONZE AND ~ARILYN CENT~NZE,AS PURCHASERS. IT IS EXPRESSLY UNDFAqSTOOD that the sellers have not made and do not make any representations as to the physical condition, operation or any other matter relating to the aforesaid premises, 9n~ lt..is not bOund by any statement, representations or lnzor~a~lon that may have been made to the . . perta,n,ng to the ' _ . . purchasers b an on · prem,ses here~n . . Y Y e, herein. The D rcha~,w unless specifically set for representations -'s ereby ac nowl.d e that no thorO~gh ins.ec~w~/~n maue and they have personally -~e uo accept same, in their present condition "as ia", less fair we,~.~ar' except that plumbing, time of closing.~.~ ~ing Order at the DELIVF, Ry OF DEED: It is specifically understood and agreed that the acceptance of the. deed by the purchaser shall constitute and be deemed and considered full ~ompliance by the ~:~e~fof all of the terms and conditions of th~s contract on the the seller to be performed; and it is further expressly agreed that none of the provisions of this contract shall survive the delivery and acceptance of the deed, except insofar as may herein otherwise be expressly and specifically provided, or'except as may be otherwise agreed upon by the seller in writing at closing of title. SUBJECT TO CLAUSE: Subject to any state of facts an accurate survey may show and to covenants, agreements, restrictions and utility easements of record, if any, and to zoning ordinances, restrictions of the city, village or town in which the premises are situated, in effect, now or at the date of the closing of titl~-. However, purchaser shall not be required to take title if such state of facts shall render the title unmarketable, or if' said covenants, agreements, restrictions, and utility easements shall prohibit or restrict the use or maintenance of the structure erected on said premises. · CONTRACT DEPOSIT: The down payment hereunder shall be he}? in escrow by Robert ..F. Hall, ~sq.,. the attorney for the se~er, as escrow agent until closing of t~tle which amount is to be applied to the purchase price. The escrow agent shall not be required in any way to determine the validity of any notice or any other document delivered or required to be delivered hereunder. The escrow agent shall not be responsible to any of the parties hereto for any action or failure to act, unless such action demonstrates bad faith. The purchaser and the seller hereby &utborize the escrow agent, in the event they become involved in any litigation by reason o~ the Contract of Sale, to deposit it in which such litigation is pending, funds deliVe~to the escrow agent here~Ide~ and thereupon, the escrow agent~lall be fully relieved a~dlscharged of any J~ hureby authorized, in the event he is threatened with litigation, to interplead all interested parties in any court of competent jurisdiction and to deposit with the clerk of such court, all funds deposited.with it hereunder and thereupon the escrow agent sh~l~ be fully relieved and discharged of any further ~esPoneibllltY hereunder. The escrow agent shall have no duty to Invest any of the funds deposited with him hereunder and shall not be responsible for any action or failure to act, unless such action or failure to act demonstrates bad faith. In the event that the escrow agent is directed to said contract deposit into an IOLA Fund, as more fully set forth by the laws of the State of New York, then in that event, the above paragraph shall be of no force and effect and the escrowee is hereby authorized to deposit said funds pursuant to said law. A~y and all interest earned shall be paid to the entitled to =he down OBJECTIONS IN TITLE: The purchaser agrees to deliver to the seller's attorney, at least ten (10) days before the date set for the closing of title, a statement of any alleged defects, encumbrances or objections to title, except those subject to which by the terms of this agreement, the premises are to be conveyed or which may be expressly waived herein. At'seller's request, seller shall be given a reasonable adjournment of the.closing to' permit seller to endeavor to eliminate such defects, encumbrances, or objections.' If the seller is unable to eliminate shch defects, encumbrances or objections, then the purchaser may either (a) accept title subject to such objections, defects or encumbrances without any abatement in the purchase price and without any claim for damages; (b) reject title, in which latter event seller shall return to purchaser, all money paid hereunder, together with the net title company fees as actually charged plus survey and thereupon, this agreement shall be null and void without further liability of either party to the other. SELLER'S OBLIGATION TO CURE DEFECTS OR OBJECTIONS: If the ~eller should be unable to convey a good and marketable title subject to and in accordance with this agreement, the sole obligation of the seller shall be to refund the purchaser's down payment made hereunder and to reimburse the purchaser for the cost of title examination, plus survey, if any, and upon making such refund and reimbursement, this agreement shall wholly cease and terminate and neither party shall have any further claim against the other, by reason of this agreement and the lien, if any, of the purchaser against the premises shall holly cease. The seller shall not be required to bring any action or proceeding or otherwise incur any expense to render to title to the premises marketable. The purchaser may, nevertheless, accept such title as tho seller may be able to convey, without reduction'of the p~rchase price or ~ny allowance or cred' · without any other llabilit on th n ~ ~t.~a~n~ the same The term #cost of title examination, is defined for the purpose of the agreement, as the expense actually incurred by the purchaser for title examination, in no event, however, to exceed the net amoun charged titlu ux~mlndtlon of theproperty without issuance of ~olicy. NOTICES: Any notices to be given under this contract may be given by or to the respective attorneys: Seller~ Robert F. Hall, Esq. 1050 ¥oungs Avenue ~uro~&mer~ Gary ~lanner Ulsan ~ain Road Cutchogue, New York 11935 ASSIGNMENT; This contract shall not be assigned by purchaser without the written consent of the seller. FOREIGN PERSON: (a) Seller represents that he-is not a foreign person within the definition of Section 1445A of the Internal Revenue Code entitled "Withholding of Tax on D%spositions of U.S. Real Property Interests,,, and agrees to deliver at closing an affidavit stating under penalty of perjury the transferor,s U.S. taxpayer,s identification number and that transferor ks.not a ~oreign person. (b) Parties shallset forth their respective Social Security (TIN) numbers opposite their signatures at the end of this agreement, to facilitate compliance with Section 1521 of the Tax Reform Act of 1~e6, and shall execute at closing the title company form of report. CAPITAL GAINS TAX EXEMPTION:' [a) The parties agree execute any documents required in connection with exemption of the trans~ction from New York. State Real Property Gains Tax, and if any tax be due, to furnish a Rortion of the monies due at closing in form acceptable to the County Clerk for the payment of same. Seller shall be responsible and pay for any such tax which may be found.due. (~) This contract may not b~ assigned so as to avoid reapplicat~on requirements of ~-he above. CAPITA~ GAINS TAX: (a) Purchaser and seller.agree to comply timely with the requ&rements of Article 31-B of the New York Tax Law and all regulations of the Department of Taxation and Finance ("State Tax Commission,,) applicable thereto (co%lectively, "Gains Tax Law#) in good faith and in such manner as to avoid any postponement of the closing as herein provided, of the recording of the deed to be delivered at the cXosing. (b) Purchaser agrees to execute and deliver to seller, if applicable, a Transferee Questionnaire showing the full consideration to be paid to seller by purchaser. THE PURCHASF, R, at its own cost and expense, shall have the right to have the premises inspected for active infestation or damage by Wood-destroyina insects and to have any well water analyzed for potability.' Such inspections shall be made by a reputable company within twenty (20) days from the date a fully signed copy of this contract is post-marked to the purchaser,s attorney. In the event said inspections reveal active infestation and/or damage by such insects or contaminants in excess of the New the ~ellur, Po~t-marked within ten (10) days of such inspection, a statemen: by :he inmpection company setting forth the nature and extent of the conditioa or damage and an estimate as to the cost to exterminate 'the insects, repair any damage, and/or reduce contaminants to potable limits. The Seller, upon receipt of such statement, shall have the warranty customarily given by the company ~oing the work. If the seller r=fus~s to have such services p~rformed, the ~eller shall notify the purchaser and the purchaser shall ha~e ~e right to cancel this contract and obtain a refund of the down payment. The purchaser may, in the alternativp, elect to waive theme conditions and continue with the contract..If the ' ~urcha~er mhall fail to conduct timely inspections or fail ~o serve '. timely notice, the provisions of this paragraph shall be deemed waived and ~e purchaser, at its own cost and expense, shall be ~olely r~m~nmible to ~rovide any termite or water certificates as may be required by,any mortgagee or insurer of the mortgage. . . C~TIFICAT~ OF OCCUP~cy: S~ller shall furnish.- a Certificate of Occupancy or equivalent thereto covering ~tructures presently ~ the premises requiring same. In the event that a current survey is required by the municipality in order to obtain said Certifioate of Occupancy or equivalent, i= shall be th responsibility of the purchaser to provide such surve~ at ~urchamer,s cost and expense. In the event of the inability of the seller to convey title pursuant to the terms of the contract, the ~ell~r shall rei~ur~e '.the purchaser for the cost of the aforementioned CONFLICT EETWEE~ RIDER AND PRINTED FORM: In the event of any conflict between the provisions of the printed form Agreement and this Rider, the provisions of this Rider shall be paramount and prevail. PROPERTY ASSOCIATION: Seller agrees to pay all dues and ch~rg~u which may be owud. to any property owners association or similar organize:ion pro-rated :o the date of the closing. LIEN YEAR: The adjustment for town taxes shail be based u~on the lien year. THIS'CON IS SUBJECT TO and c tioned upon the purchaser obtaining a commitment from a lending institution for a ~irmt mortgage loan in the principal amount of $116,800.00 ~ith · nterest a: the P~eva~ling rate at the date of ti~le~c~O~ing, and term ~ ~bcainin ~ "a~ Veers within 45 day. of the date hereof, u S,' kd commits.hr, purcha.er,, attorney .hall imme~iat~ inform sell~r,s attorney that the commitment has been obtained. If purchaser &hall be unable, after diligent efforts, to ODtain said commitment within said period, then either party may cancel the contract and all monies deposited hereunder .hall be returned to the purchaser within five (5) days of cancellation. RIDER TO CONTRACI' OF '.,AI.C I~FIWIEN: 511:VEN F. COIIEN AND NANCY HALL-COIIEN, AS SELLERS AND PItILIP d. t.[I,ITONZE AI,~U I,~q,~ILYN CENI'ONZE, AS PURCIIASLRS. Illis conl:ract is subjecL .nd (:ontinUunL upon the purchaser's al: Lheir own co~L and expem, e ol)E~IFJlIig ~ Sll~uCidI [XLL'pLfon from ~Jle SouEhoJd lown ZOllillg Budrd uf AppedJu dlJd Lhd SduLhuld lu~.m Piam~ing Board (SiLe Approval) Lo utilize trle subjecL pr'UllllSes wilJcl/ JS curr'enLly ResJdenLJdJ O¢fice (RU) dl:~LrJcL lot i]rolegsJonal offices and business offices und in particular a dentist oil:ice. 'lhe purchaser shall have 6 montlls from the d,~te h~ceof to obLaili suid special exception dnd Lhey agree to pursue same lr~ a dillon,rtL l:d~l~ion and pay ~JJ incidental exp~nses und fi 1 il~g I:eL'S Ill connL:LLlon wiLh Sdllle. In the event that they I/ave nut r'e~eived said special exception wiLl'dn 6 monLhs from tile date he~'eul Lheh Lh~ Seller shall h&ve Lhe option of exLending the purchdse~"s [hl,e lot . pe['iod not exceeding 3 additional months or the down payme[~L shall be ueLurn~d aL which time this contracL shall be deemed null and void. No[wiLhstar~ding herein ~o the contrary the purcll~ser~s sh~lJ have Lhe right to waive this contingency, and title even thougll tile Special ExcepLion moy not have been granted. Read,his: ]or Purcl~u~ Price Pay £ncumbrance~ d~ida~it a~ to ]udame.t~, Bat~r#pteie~ ~.: and Rteo~d~ Inability to Co.~ey Limitation o! Liabili~y : Condi~ors o! Entire Chan$,s Muss ~ in Friti~: Singular Plutid: , ~.~oaowmg are [o lllka~porttooed a$ ut nndmght el Ute day bolero LLObli'qb: .... .~l~tt$ as and when coed. (b) Interest on EXISIING MORIGA~). (e) Premmms on cx~.tmg tra.,h:rable qnaurance polici~ and r~lYwals of those expiring prior .to CLOSING.~) Taxes, water charges ami scarlet' rents, on the basis of file fiscal period for which assessed. (¢) fuel, if any. (f) Vault charges, if any. If CLOSING shall occur before a new tax rate is fixed, the apportionment of taxes shall be upon the l,aai~ of the old t~x ra~ for the preceding period applied to the latest assessed valuation. Any errors or oral. ions in computing apportionments at CLOSING shall be corrected. This provLi,m shall survive CLOSING. 14. If there be a water meter on the PREMISES, SELLER shall furnish a reading to a date not more thau thirD' (30) days before CLOSING date aild the unfixed meter charge and sewer rent, if any, shall be apportioned on thc basis of such last reading. 15. Sl;'-IJER has file .q,tion to credit PUIICIIASER as an adiu..t..:at of the purchase price with ti~e am,,unt of an~ unpaid taxes, a~es~ment~, water charges and sewer rents, together with any interest and pe.ahies there,., to a dat~ not l~s than five(5) busings days after CLOSING. provided that o~cial bills therefor computed Io ~aid d.te are produced at ~OSING. 16. If there is anythiog else affecting the sale which SELLER ia obligated to pay and dNchaq;e at CI.tISING, SELLER may use any portion of the balance of the purchase price to discharge it. As an alternative SEI.IA']~ may deposit money with the title insurance company employed by PURCIIASEI{ and required by it to assure its di...d,arge; but only if the title insurance company will insure PUIICIIASER'S title clear of the matter or insure agal.st its enforcement out of the PREMISES. Upon request, made within a reasonable time before CLOSING, the PUItCIIASER agrees to provide separate certified checks as requested to assist iu clearing up these matters. 17. If a title examination discloses judgments, bankruptcies or other returns against persons having names the seine as or similar to that of SELLF_.R. SELLER shall deliver a satisfactory detailed affidavit at CLOSING dtowing that they are not against SEI.I.ER, 18. At CLOSING, SELLER shall deliver a certified check payabl~ to the order of the appropriate Slate, City or County officer in the amount of any applicable transfer and/or recording tax payable by reason ol the &.lA'cry or recording of file deed, together with any required tax return. PURCItASER agrees to duly complete tile tax returu ;md to cause the che&(s) and the tax return to be delivered to the appropriate ott~cer protnl~tly after CI.OSING. PIIEMISES and of any survey and survey ioapection charges are hereby made liens o. ti,,: IqtEMISI.~S aud collectable out of the PREMISES; Such licus altall not continue after default itt performance of tbc co.lract by PURCHASF, R. 20. If SELLER is unable to tranJer title to PURCIIASER in accordance with this contract, SELLER's sole liability shall be to refund all money paid on accuuut of this contract, plus all charges made for: (1) examining the title, (ii) any appropriate additional searches made in accordance with this contract, and (iii) survey ami survey iospeclion charges. Upoo such refund attd payment this contract shall be considered cancelled, and neither SELLER not PURCIIASER shall have any further right~ against thc other. 21. PURCIIASER has inspected t.he buildings on thc PREMISES and the personal property included in il,is sale and is thoroughly acquainted with their condition. POIICHASER agrees to purchase them "as is" and ill their ~resent condition subject to reasonable u.c, wear, tear, and natural deterioration between now an,I CiA)SING. I'URCIIASER shall have the right, after reasonable notice to SELLEII, to inspect them before CLOSING. 22. All prior understandings and agreements between SEI.LER Is completely expresses their full agreement. It has been entered into upon any ~mtemcnts made by attyone else that is not set forth itt this PURCHASER are merged in thi:, t.ntract. after lull investigation, neither part) relying coutract. 23. This contract may not be changed or cancelled except iii writing. The contract shall also apply to .mi hind the distributees, heirs, executors, alhninistrators, successors and assigns of the respective parties. Each of Iht i;arlies hereby authoriae their attorneys to agree in writing to any changes in dates and time periods provided for in this contract. 24. Any singular word or term hmein shall al~o be read a~ in thc plural whenever the sense t,f this c..Uact may require it. Itt Presence Of: ss# ss# OV Elt Ma~r£ 1Y~}'Cent~6'lil ze' ' STAT[ OF N[WYORK, COUNTYt On the day of 19 before me personally cume , ~o me known to he the individual described in and who gxecutcd thy foregoing instrument, and acknowledged that executed the same. ITAT&' OF NIW YORK, COUNTY OF On the day ot [~rsonally came Io me known, who. being by ~y t~t he resides at thug he is the , the corporation described in add which executed the /oreKoin8 instrument; tba~ he knows the seal of said corporatioo; that the seal a~xed to said instrument is such corporate seal; tha~ it was so a~xed by order of the hoard of directors of said corporation, and that he signed h name thereto by like order. 19 , before me me duly sworn, did depose and rE OF N[W YORK. COUNTY OF On the day of 19 l,,'fore me personally came ' to me k.own to be the individual described in -nd who executed the foregoing instrument, and .cknowlcdccd that executed thc same. ' II,All' OF NEW YORK, COUNTY OF mi," On tile day of 19 b,:lore me personally came ' a partnership, and known to me to be the person described i~ and who ex~uted the foregoing instrument in the pam~ershlp name, and saidduly ackuowledged that he executed the foregoing instrument for and on behalf of said partnership. Closing of title under the within contract is hereby adjourned to o~clock, at 19 , at as of 19 ; title to be closed and all adjustments to b.. made Dated, 19 For value received, the within contract and all the right, title and interest of the purchaser thereumter are h,'rcby assigned, transferred and ~et Over unto and said assignee hereby aaSume~ all obligations of tbe purchaser thereunder. Dated, 19 P.r,'haser Assignee o/Pa,,'/,aser · antrad of ale No. TICOR TITLE GUARANTEE SECTION BLOCK LOT COtlNTy Oil TOWN STRE£T ADDRESS TAX BILLING ADDRE.~8 PREMISES LIO R-~O PECONic PROOF OF ~AI IF ~ OF ~IOTICE ADDRESS K.G.Brown Mfg. Inc. Mattituck, New York 11952 Mr. & Mrs. George Lomaga P.O.Box 1085 Mattituck, New York 11952 Agnes Co Zapp Route 48 Mattituck, New York 11952 FOR INSURANCE --POSTMASTER ~G?O: [977--7S0--SSl PS FORM MAY 1976 3817 IMr, & Mrs. Georqe LO,. --P.O.Box 1085 Mattituck~ New York 11952 MAY BE ~ED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE PS FORM MAY1976 38t7 GPO: 1977-750-851 Aqnes ~C. Zapp ,. ,,,, Route 48 '"' ./' Mattituck, New York 11952 MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOES NOT PROVIDE PS FORM MAY 1978 3817 GPO: 1977-750-851 Garrett A. Stran~ , residing at Main Road, Mattituck, New York 11952 c ,beingdu|ysworn, deposes and says that on the 24th day of January ,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 respecti;,'e .' names; that ~he addresses se~ opposite the names of said persons are ~hc addresse~ of said persons as shown on the curren[ assessment roll of the Town of Sou~hold; [h~[ said Notices were mailed ~t the United Slates Post Of- ficc a~ Sout~ol~ ;that said Notices were mailed to c~ch of ~i~ persons by (c~rtifi~d) (~X~) mail. ~ ~~~ ~ Garrett ~. Seran~ ~worn~o ~ore me thi~~ ~ (This side does not have to be completed on form transmitted to adjoining property owners.) 6 IT'F_~ I~ATA GARRETT A. STRANG architect Main Road P,O. Box 1412 Southold N.Y. 11971 516- 765 - 5455 ,,I I-I GARRETT A. Brchitect Main Road P.O. Bo~ 1412 Southold N.Y. 11971 516- 755 - 5455 STRANG GARRETT A, STRANG architect Main Road P.O. Box 1412 Southold N.Y. 11971 516; 7.65 - 5455