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HomeMy WebLinkAbout4084 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 Appeal No. 4084: Application for MARY C. BRENNAN. Variance to the Zoning Ordinance, Article IIIA, Section 100-30.A3 to 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. WHEREAS, a public hearing was held on March 5, 1992 and at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. This is an appeal of the February 6, 1992 Notice of Disapproval from the Building Inspector concerning an application for a building permit for a rear open porch with steps as shown on the February 3, 1992 survey prepared by Roderick VanTuyl, P.C. 2. The porch (deck with roof) is shown to be approximately 15 feet from the rear property line. The lot coverage without the subject porch area is 888 sq. ft., which is presently 27.5% coverage of the total lot area (3201 sq. ft.). 3. The premises in question is a described parcel of land having nonconformities in the following areas: (a) lot width of 45.0 feet along Champlin Place, (b) total lot area of 3201 sq. ft., (c) lot depth at 70.87 feet, (d) lot coverage at 27.5 percent, front, side, and rear yard setbacks, all as shown on the February 3, 1992 survey submitted as part of this application. Page 2 - Appl. No. 4084 Matter of MARY BRENNAN Decision Rendered March 5, 1992 4. The subject premises is located in the R-40 Zone District, and the minimum rear yard setback for a nonconforming parcel is 35 feet under Section 100-244. The dwelling structure has existed since on or about November 29, 1965 pursuant to Building Permit No. 2943Z. The premises as exists was purchased by Mr. and Mrs. Richard B. Brennan on December 14, 1979, and is presently under conveyance to Henry E. Ruthinowski, Jr. and Deborah J. Ruthinoski. 5. In considering this application, the Board also finds that: (a) the relief requested will not be adverse to the essential character of the neighborhood and is the minimum necessary to afford relief; (b) although the relief requested is substantial in relation to the requirements, due to area precedents set in this immediate neighborhood, the application is not unreasonable; (c) the relief as requested will not increase dwelling unit density or cause a substantial effect on available governmental facilities; (d) the relief requested cannot be obviated.by another method feasible to appellant to pursue, other than a variance; (e) the relief requested is uniquely related to the land as well as the immediate area in this preexisting neighborhood - many other nearby parcels have similar difficulties, particularly with reference to small parcel size, reduced setback, and excessive lot coverage. (f) in considering all of the above factors, the interests of justice will be served by granting the variance, conditionally noted below. as Accordingly, on motion by Mr. Dinizio, seconded by Mr. Goehringer, it was RESOLVED, to GRANT the variances, as requested, in the Matter of the Application for MARY BRENNAN under Application No. 4084. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Page 3 - Appl. No. 4084 Maater of MARY BRENNAN Decision Rendered March 5, 1992 Grigonis, Dinizio and Villa. lk This resolution was duly adopted. GERARD P.- GO~.HRINGF~, CHAIRMAN / APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. J~es Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following matters will be held for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, New York 11971, on THURSDAY, MARCH 5, times specified below: 53095 Main Road, Southold, 1992 commencing at the (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 SCHLEGAL. 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, JR. Variances to the Zoning Ordinance, 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 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: 145 Kerwin Boulevard, Greenport, NY; Map of Peconic Bay Estates, Lot No. 176; County Tax Map ID No. 1000-53-2-9. (4) 7:50 p.m. Appl. No. 4084 - MARY C. BRENNAN. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3, for ~age 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, Section 101B(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 Notil Hearings for March · 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 the 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), exceeding 750 sq. ft. Section 100-71B(7). (8) iv~R,S. and a second floor apartment not livable floor area, as permitted by Appl. No. 4076 - FUTURE SCREW MACHINE PRODUCTS (MR. AND 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 nonconforming lot located in the Light Business (LB) Zone District. Location of Property: North Side of County Road 48 and the Westerly Side of Kenn¥'s Road, Southold, NY; County Tax Map Parcel No. 1000-59-7-33. Page 5 - Legal Not~ Hearings for March 5, 1992 Southold Town Board of Appeals (9) Appl. No. 4068 - ELEANOR SIEVERNICH. Variance 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 %2 (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 TO~,~I OF SOUTItOLD BUILDING DEPARTMENT TO'~N CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL ~ , ,- .. Date . .~"./._.~. .................... 19..~.~'- . . . ~ . . .~. . .~. : . ./. .e. ~ J . . . . .... ~. :. . ~ ~ ..... ~~~.~., .,~/ · PLEASE TAKE NOTICE that your application dated .... .... ~o~,e~itto ~~~~./~~'.. ~o~on o~ ~,o~, ...~ ~........~ ....... ' ~m~'.. County Tax Map No. 1000 Section .... ~.~ .... Block ...~: ....... Lot .. ~ ........ Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved o~ the follo~Ng grounds .~ .... ~~.~ ~~ .......... ~ .... . .............. :._.~...~..~ ............. ~ ....... ~~~:...~.~...m~~. .... :~...¢.~/~ ........ ..... , ................... RV 1/80 RECEIVED .... DATE ~e~.c~A~..]~ 1992 ~ · ~ TOWN OF SOUTHOLD, N. Y. TO THE ZONING BOARD Or ~pP~ALS, 1, (We) ................ ~AT:y...C.....Bre41nan ............. of 31 9...~h~D~A~..~.~a~e .................. Street and Number .............. ~ .......... HEREBY APPEL TO ............................... G~.~poz~ ......................................... State THE ZONING BOAR~ OF APPEALS FROM THE DECISION OF THE BUILDING INSPE~O~ ON APPLICATION FOR PERMIT NO ..................................... DATED ........................... wHEREBY THE BUILDING INSPECTOR DENIED TO ( ) (x) ( ) ................................. Mar.¥..C~...B~n~an ............ Name of Applicant for permtt of . 31 9 Chamgli~..]~la~e ............... gr~e~po~.t5.....~i¥.-..$.1~94~ ...................... ....................... · Municipality 5tote Street and Number PERMIT TO USE PERMIT FOR OCCUPANCY I~ 1. LOCATION OF THE PROPERTY ......... 3.1.R...Cham. pl.L'~ .P. la.ae ....... .C~.npo~c.t .......... LR.=.ztD ) Street JHamlet / Use District on Zon ng Map District 1000 Section 34 Block3 Lot41 - ................................................................... ~urrenc Owner Map No. Lot No. Prior Owner ~ 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do nat quote the Ordinance.} Article ZIZA Section 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chop. 62 Cans. Lows Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal ~has)Q 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 o variance ., and was made in Appeal No. ' ,Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance ( ) is requested for the reason that Form Z~l (Continue on other side) ~EA~GN FG?, /',,PPE/~L STRICT APPLICATION OF THE ORDInAncE ~ould produce practical difficuJt~es or unneces'. HARDSHIPbecouseI purchased the property from Sarah Raynor (the grandmother of the purchaser of my house) in 1979 for $32,000.00 At the time of purchase there was deck on the rear of the house. The certificate of occupancy that was given to me at the closing simply indicated a "one family dwelling" and I assumed it included the deck. In 1980 the deck was replaced with a new one and a roof overhang was installed with a skylight to cover the open deck. The contractor told me that no permit was required since I was only replacing the o1~ one. I am 75 years old, selling my house and moving to Connecticut. The purchasers now tell me their bank requires a certificate of occupancy for the deck. My application for a building permit was denied because I do not have the sufficient rear yard setback of 35 feet. The property is only 70 feet deep and there is not enough room to comply with the set back provisions. t 2. The hardship created is UNIQUE and is not s~red by all oraperties alike in the immediate · vicinity ¢ this property and,in this use distri? bec~u~ excep~ for six lot~ numbered 39 to 44 ail t~e other lots on the block nave sufficient depth for a deck. My lot and the other five lots on my side of Champlin Place are only 70 feet deep and it is impossible to comply with a 35 foot set back provision. Because of the small size of the lot the code in 1966 would have allowed the onstruction of the deck with a 15 foot setback by special exception however the original owners did not apply for a special exception at the time they built the deck in 1966. My deck is 16 feet of the rear line and well within the special exception guidelines. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because a similiar situation exists on lot 43 (Danny Grattan) who also had to build a deck in a similiar fashion. The purchasers' mother, Joyce Ruthinoski and her husband, Henry, live in the house immediately to my rear and originally helped construct the original deck in 1966 for their mother ( Sarah Raynnor) from whom I purchased tho house. They also helped the contractor when the deck was replaced in 1980. All the properties in the block when they were sub-divided were extremely small and the front yard set-backs were waived by the Town when the houses were constructed in 1966 to accommodate the people. STATE OF NEW YORK ) ........ .¢:..../?~4...../_~.:.. ,Z~"-/ -- "'"' ) ss / Signature EOUNTY OF Suffolk ) Mary C. Brennan  .......... Sworn to this ,.. r , / PAUL A. CAMINITI / Notary Public, State of NewYo~ No. 5581910 ~ommission Expires June 30, '*2~-~,y-~-V/ TOWN OF SOUTHOLD PROPERTY RECORD CARD OWIXJ~ STREET ~ ~ ~ VIL~GE DIST.] SUB. FO~ROWN~R ~ ~ U , ~ /"~ 6' ~ , ,~ .... . . ACR. ~U s~s. VL. ~ F*RM CO~. C~. MmS. ~kt. ~b~ LAND IMP. TOTAL ~oo V' DATE LOT v ',--' ~ Total ] DOCK DEPTH BULKHEAD Woodland Meadowland House Plot 7/ (- '~° " ~7 0 FRONTAGE ON ROAD AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per V~lue Acre i FRONTAGE ON WATER Tillable COLOR TRIM M. Bldg. Extensio~ Extension Extension Dinette Porch IBasement ~-'3/t'¥' ~v' / Floors Porch Breezeway Garage !Ext. Walls Patio O. EL Total ~lFire Place kype Roof IRecreotion Room IDormer t¥/~ ! o,,~ ,,~. JK. Interior Finish I ~ f4 ~ = T' Heat I/'/~ iDR' Rooms 1st Floor i BR. FIN. Rooms 2nd Floor !Driveway I','tAP _~OF_ .... ?,P~.C_.P_EFzT"y SuI~VEYEO PtE'N,~ E. f~uTIqtHOSt¥t which has been damaged by of more than fifty percent fire or other causes to the extent (50%) of its fair value shall not be repaired or rebuilt unless the use of such building is changed to a conforming use. onconforming lots, bssction is intended to provide minimum standards for granting of a building permit for lots made nonconforming or continued in a state of nonconformance by the adoption of this Article and that Were Singly and separately owned as of the effective date of this Article. B. A nonconforming lot separately owned and not adjoining any lot or land in the same ownership at the effective date of this Article and not adjoining any lot or land in the same Ownership at any time subsequent to such date may be used, o.r a building or structure may be erected on such lot for use, m accordance with all the other applicable provisions of this chapter, Provided that proof of such separate Ownership is submitted in the form of an abstract of title showing the changes of title to said lot, which abstract shall be in the Usual form, shall be certified by an attorney or a company regularly doing such work in Suffolk County or by a corporation duly licensed to examine and ensure title to real Property in Suffolk County and shall contain a certification that no contiguous property was Owned by an OWner of the property involved since the date of any previously applicable Zoning Law. Such lot shall be granted relief for front side and rear yard dimensions as follows: 2 - 25 - 89 10144 § 100-244 ZONING § 100-250 fl C. In the case of single and separate ownership of a nonconform- r ~ lng lot located in a subdivision plat, approved after April 9, 1957, by the Planning Board of the Town of Southold and filed with the County Clerk of Suffolk County, relief for all front, side and rear yard and area dimensions shall be granted to the extent that such front, side and rear yard and area dimensions were required at the time the map was originally filed with the County Clerk of Suffolk County. § 100-245. Repairs and maintenance. § 100-30A.2 SOUTHOLD CODE § 100-30A.3 § 100-30A.2. Use regulations. In an R-40 District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the followin~ A. Permitted uses: (1) Same as § 100-31A of the Agricultural-Conservation District. B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, and subject to site plan approval by the Planning Board: (1) Same as § 100-31B of the Agricultural-Conservation District, except that a children's recreation camp, farm labor camp and veterinarian's office and animal hospital are not permitted and bed-and-breakfast uses do not require site plan approval. (2) Libraries, museums or art galleries. C. Accessory uses, limited to the followin~ (1) Same as § 100-31C of the Agricultural-Conservation District. () rlk, area and parking regulations. premises shall be used and no building or part thereof shall be erected or altered in the Low-Density Residential R- 40 District unless the same conforms to the requirements of the Bulk Schedule and of the Parking Schedule, s with the same force and effect as if such regulations were set forth herein in full. 8 Edlter's Note: The Bulk Schedule is included at the end of this chapter, and the Parking Schedule is in § 100-19IA. 10052 § 100-33 ZONING § 100-30A.1 buildings and structures or other accessory uses shall be located in the required roar yard, subject to the following requirements: A. Such buildings shall not exceed eighteen ~15) feet in height. B. Setbacks. [Amended 7-17-1990 by L.L No. 14-1990; 2-5- 1991 by L.L. No. 2-1991] (1) On lots containing up to twenty thousand (20,000) square feet, such buildings shall be set back no less than three (3) feet from any lot line. ~, (2) On lots containing moro than twenty thousand' (20,000) square feet up to thirty-nine thousand nine hundred ninety-nine (39,999) squaro feet, such buildings shall be set back no less than five (5) feet from a~y lot line. (3) On lots containing in excess of thirty-nine thousand nine hundred ninety-nine (39,999) square, feet up to, seventy- nine thousand nine hundred ninety-nine (79,999) squa~ feet, such buildings shall be set back no less than ten (10) feet from any lot line. (4) On lots containing in excess of seventy-nine thousand ni~,e ' hundred ninety-nine (79,999) square feet, s~/ch buildings shall be set back no less than twenty (20) feet from any lot line.~ ARTICLE IliA Low Density Residential R-40 District [Added 1-10-89 by L.L. No. 1-1989] § 100-30A.1. Purpose. The purpose of the Low-Density Residential R-40 District is to provide areas for residential development where existing neighbor- hood characteristics, water supply and environmental conditions permit full development densities of approximately one (1) dwelling per acre and where open space and. agricultural preservation are not predominate objectives. ~ Edite~s Note: Former Subsection C, regarding percentage of o~cupeney of required yard, was repealed 7-17-1990 by L.L~ No. 14-1990. TOWN CLERK · o,~ o~ so~.~o~o 4 2 5 7 4 Suffolk County, New York Phone 516-765-1801 Southold, New York 11971 ' Date ~'~-~-~ (~dith T. Terry, Town Clerk . DEPARTMENT OF' PLANNING COUNTY Of SUF ROBI[RT J. GAFFNE~ SUFFOLK COUNTY EXECUTIV ARTHUR H. KUNZ March 24, 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) Brennan, Mary C. 4084 Very truly yours, Arthur H. Kunz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner (516) 853-5192 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 March 16, 1992 Paul A. Caminiti, Esq. P.O. Box 992 Southold, NY 11971 Re: Appl. No. 4084 - Mary Brennan (Variance) Dear Mr. Caminiti: Please find attached a copy of the Board's findings and determination rendered concerning the above application. Please be sure to return to the Building Inspector's Office for issuance of the permit and certificate of occupancy for the new construction. A copy of this determination has also been furnished this date to the Building Department for their update and permanent recordkeeping. Very truly yours, Linda Kowalski Enclosure Copies of Decision to: Suffolk County Department of Planning Building Department Mr. and Mrs. Henry E. Ruthinowski, Jr. 611 Main Street Greenport, NY 11944 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 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 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS Appeal No. 4084: Application for MARY C. BRENNAN. Variance to the Zoning Ordinance, Article IIIA, Section 100-30.A3 to 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. WHEREAS, a public hearing was held on March 5, 1992 and at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. This is an appeal of the February 6, 1992 Notice of Disapproval from the Building Inspector concerning an application for a building permit for a rear open porch with steps as shown on the February 3, 1992 survey prepared by Roderick VanTuyl, P.C. 2. The porch (deck with roof) is shown to be approximately 15 feet from the rear property line. The lot coverage without the subject porch area is 888 sq. ft., which is presently 27.5% coverage of the total lot area (3201 sq. ft.). 3. The premises in question is a described parcel of land having nonconformities in the following areas: (a) lot width of 45.0 feet along Champlin Place, (b) total lot area of 3201 sq. ft., (c) lot depth at 70.87 feet, (d) lot coverage at 27.5 percent, front, side, and rear yard setbacks, all as shown on the February 3, 1992 survey submitted as part of this application. Page 2 - Appl. No. 4084 Matter of MARY BRENNAN Decision Rendered March 5, 1992 4. The subject premises is located in the R-40 Zone District, and the minimum rear yard setback for a nonconforming parcel is 35 feet under Section 100-244. The dwelling structure has existed since on or about November 29, 1965 pursuant to Building Permit No. 2943Z. The premises as exists was purchased by Mr. and Mrs. Richard B. Brennan on December 14, 1979, and is presently under conveyance to Henry E. Ruthinowski, Jr. and Deborah J. Ruthinoski. 5. In considering this application, the Board also finds that: (a) the relief requested will not be adverse to the essential character of the neighborhood and is the minimum necessary to afford relief; (b) although the relief requested is substantial in relation to the requirements, due to area precedents set in this immediate neighborhood, the application is not unreasonable; (c) the relief as requested will not increase dwelling unit density or cause a substantial effect on available governmental facilities; (d) the relief requested cannot be obviated.by another method feasible to appellant to pursue, other than a variance; (e) the relief requested is uniquely related to the land as well as the immediate area in this preexisting neighborhood - many other nearby parcels have similar difficulties, particularly with reference to small parcel size, reduced setback, and excessive lot coverage. (f) in considering all of the above factors, the interests of justice will be served by granting the variance, conditionally noted below. as Accordingly, on motion by Mr. Dinizio, seconded by Mr. Goehringer, it was RESOLVED, to GRANT the variances, as requested, in the Matter of the Application for MARY BRENNAN under Application No. 4084. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Page 3 - Appl. No. 4084 Matter of MARY BRENNAN Decision Rendered March 5, 1992 Grigonis, Dinizio and Villa. lk This resolution was duly adopted. . GERARD P.- GOEHRINGE~, CHAIRMAN / Page 11 Public Hearing--Brennan. Southold ZBA 3/5/92 Appeal # 4084 Applicant (s): Mary C. Brennan Location of Property: 319 Champlin Place, Greenport, County Tax Map ~ 1000-34-3-41 NY The Chairman opened the hearing at 8:00 p.m. and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a survey which was produced by Roderick Van Tuyl dated February 3, 1992 indicating the nature and placement of this one-story house on Champlin Place in Greenport. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties and the nature againlof this application is the deck area in the rear, which exceeds the lot coverage. And, of course, we have nonconforming setbacks. Is there somebody who would like to be heard? HENRY RUTHINOWSKI : I bought the house from Mrs. Brennan and this is my wife Debbie. And it was orginally built for my grandparents in 1965 and in early 1966 they moved in February 1966. And there was a deck on there in February 1966. Mrs. Brennan rebuilt the deck in 1980 after she bought it in 1979 and the deck was on the survey in 1979 survey that she had. I don't know why there wasn't any CO issued or anything said about it then, but. When she rebuilt the deck, she put a roof on it too. I guess this is about it. CHAIRMAN GOEHRINGER: Are you in contract buying this house or are you living in it? HENRY RUTHINOWSKI: We bought it. CHAIRMAN GOEHRINGER: Oh you bought it, you are living in it now. HENRY RUTHINOWSKI: Yes. We are in the process of just finishing up moving in now. The cards that we sent out to all the neighbors around the .... (gives cards to Chairman) for the variance. It hasn't bothered anybody since 1966. CHAIRMAN GOEHRINGER: What is the nature of the application that is holding you up from going.to closing? Or is it holding you up getting the C.O.? MR. RUTHINOWSKI: No you see the bank wanted us to get an C.O., wanted Mrs. Brennan to get the C.O. for it. And they waived that but they suggested that we should still get a C.O. for it. CHAIRMAN GOEHRINGER: So you did close on the property. MR. RUTHINOWSKI: Yes we did close on it. CHAIRMAN GOEHRINGER: So all you are doing is ..... MR. RUTHINOWSKI: Is just trying to get everything official. Page 12 Public Hearing--Brennan Southold ZBA 3/5/92 CHAIRMAN GOEHRINGER: The reason why I asked that question is just I didn't know what your time in this was, if you were waiting for a closing date, and you weren't in the house, or what the case might be. Okay, great. I did come over on a Sunday morning and I didn't bother you, I looked at your property from your next door neighbors. I did notice the skylight, because it was morning and I could see the light appearing through it and so on and so forth. I don't have any particular problem with it as long as you are not attempting to reduce the setbacks any further then what we have in the lot coverage, anymore then we have. I will tell you, however, though this Board has never granted, I shouldn't say never, I should never use that word never. This Board has not granted something in excess of about 31 or 32 percent. We are about in that area right noR, but we do things all the time, so maybe it will be a new precedent for us. I thank you for your comments and we will see if there are any other questions. Is there anybody else who would like to speak in favor of this application? MRS. RUTHINOWSKI: The only tbi~n~ I would like to add to it is that my husband's father and mother~dzrectly behznd us. So if there was going to be a problem they would be the only ones who would give us a problem, but then again as my husband said that is has been in the neighborhood for all these years and we don't understand why it wouldn't be accepted up to now. ~HAIRMAN GOEHRINGER: Thank you. Anybody like to speak against the application? See no hands, questions from Board Members? MEMBER DINIZIO: I have just a couple of comments. In looking at Henry's property and the properties to either side, as far as the area variance, If you notice their houses are much closer to the road. And when you stand on that porch, Henry's porch, those houses are pretty much almost same right up to his porch. I would say lotco verage in that particular area has been exceeded by 30 percent or quite a bit. CHAIRMAN GOEHRINGER: This is similar to one we had over across street from the high school, if you remember. Over by George Capons. the MEMBER DINIZIO: I just wanted to point that out. I really see no sense letting these people go on another day without knowing if they have this porch or not. CHAIRMAN GOEHRINGER: Well Mr. Dinizio since you are from the great Hamlet of Greenport. MEMBER DINIZIO: I make that motion. CHAIRMAN GOEHRINGER: I will second it. ALL IN FAVOR - AYE. MEMBERS: Grigonis, Doyen, Diniz.io, Villa Variance approved, bY~-~~ ~..~./~/~ (transcribed ~by tapes record 3/5/92 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD 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 Pursu~unt to 2k~T_ivle ~ of the Suffolk Co~nty Adr~st_rative ODde, The Bo~d of Appeauls of the 5%c~vn of F~)uthold, New York, hereby refers the follc~ving the Suffolk C~Dl~nty Plarul~g C~m%ission: XX Variance from the Zoning Code, Article IIIA , Section 100-30.A3 __ Variance from Determination of Southold Town Building Inspector ~ Special Exception, Article , Section __ Special Permit Appeal No: 4084 Applicant: Mary C. Brennan Location of Affected Land: 319 Champlin Place, Greenport, NY County-Tax Map Item No.: ]000- 34-3-41 Within 500 feet of: xx 'Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State'or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Within One Mile of a Nuclear Power PlantI __Within One Mile of an Airport approval of Comments: Applicant is requesting open porch (deck with roof) replacing previous deck structure, with insufficient rear yard setback and lot coverage.at more than 20% of the total lot area.. Copies of Town file and related documents enclosed for your review. Dated: March 1Z, 1992 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 March 16, 1992 Paul A. Caminiti, Esq. P.O. Box 992 Southold, NY 11971 Re: Appl. No. 4084 - Mary Brennan (Variance) Dear Mr. Caminiti: Please find attached a copy of the Board's findings and determination rendered concerning the above application. Please be sure to return to the Building Inspector's Office for issuance of the permit and certificate of occupancy for the new construction. A copy of this determination has also been furnished this date to the Building Department for their update and permanent recordkeeping. Very truly yours, Linda Kowalski Enclosure Copies of Decision to: Suffolk County Department of Planning Building Department Mr. and Mrs. Henry E. Ruthinowski, Jr. 611 Main Street Greenport, NY 11944 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Jam, es Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD March 5, 1992 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4084 Project/Applicants: County Tax Map No. Location of Project: Mary C. Brennan 1000- 34-3-41 319 Champlin Place, Greenport, NY Relief Requested/Jurisdiction Before This Board in this Project: Approval of open porch (deck with roof) with insufficient rear yard setback and lot coverage at more than 20% of total lot area This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13{a) as amended February 14, 1990}. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)}, this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record'purposes. mc NOTICE IS HEREBY i 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 quartets. The lot area applicable to each use in this Hamlet-Business Zone/,. District is 20,000 per unit/use'~ 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 areaz'' and located along the norther y' side property line. Location of Property: ~475 HomePike Road, Mattituck, NY; also shown on the "Map of Point Pleasant" flied in the Suffolk County Clerk's Office on May 17, 1916' as Map No. 720, filed Lot Nos. 13, 14, and part of 12 (contain. 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 (Ll) Zone District and will be required to obtain approval from the Southold Town Planning Board concerni_ng the site plan regula- tions applicable for this noncon~, forming lot. Location of Pro- perty: 145 Kerwin Boulevard, G~eenport, NY; Map of Peconic t~ Tax Map ID No. 1000-53-2-9. vMa(4) 1:50 p.m. Appl. No. 4084--~ ARY C. BRENNAN. fiance 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°70) percent of the total lot a~a. 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 ~ 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-1 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 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 andft MARILYN CENTONZE -- regarding premises known as 5700 North Road (County Road 48), Mattituck, NY; County Tax / Map Parcel No. I00-140-2-11. Applicants, as contract vendees, are requesting: (a) Appl. No. 4982- Variances to the Zoning Ordinance, Arti- cle VII, Section 100-72 for proval of the nonconforming area of the lot area for the establishment of two principal uses by the addition of a 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 use./ in this Residential-Office (RO) :Zone District is '40,000 ~i~ 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 Section 100-71B(2), and a se- cond floor apartment not ex- ceeding 750 sq. ft. livable floor 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 stomge 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 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- dinance, Article XXlIl, Section 100-239 and Article III, Section 100-32, Bulk, Area and Parking,4 Schedule, for approval of the upland area of proposed Lot #1 (79,449 sq. ft.) and proposed Lo,t b*2 (74,568 sq. ft.), and for ap- proval of the insufficient width of proposed lot #2 (73.37 ft.) along Cox's Neck Road (a/k/a ,' Cox Lane). This project is a Minor Subdivision Application ' also pending before th~./I''' 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- talning a total of 3.765 acres. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above i matters. Written comments may..~ also be submitted prior to the .conclusion of the subject hear- rog. 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 TOWNf, BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By: Linda Kowalski 1X-2/20/92(4), / COUNTY OF SUFFOLK .~TATF. OF N[:-W YORK SS: Pa'tricia Wood,' being duly sworn, says that she is the Editor, of THE LONG ISLANO TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and thai tile nolicc of which the annexed is a prinLed copy, h,~s h~en .pul)lished in said Long Islnnd 'l'r;welc'r-W;Hchm;m once each week for. .................... ~ .... weeks successively, COmmencing on the day of. 2eb~ua~ 92 .%w(}rn h~ heNH'¢ mc' this " .................... day ~ebruary 199.2.... Nolary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, St~te ol New Yor~ No. 4806846 ,Q. ualilied in Suffolk Co~ntYl Commission Expires No'rICE OF liEARINGS NOTICE IS I :IEREBY GIVEN,pur- suant to Seclion 267 of the Town i.aw and thc Code of the Town of Southold, the following matters will be held for public hearings be- (hearing rcconvencd). For permls- dwelling with manager% qua,rtersf~ ~pm Appl No. 4074-- iM^Cl iS.k, ngi,,) fop a to the Zoning Ordinance, X, Section IOIB(12) and 100-f02, 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 total lot area and depth m th s f / General Business Zone District. Lo- STATE OF NEW YORI~ }SS: COUNTY OF SUFFOLI~ C/4~/q c~°7~: ~/~-~----~ - of Mattituch In uld Count, being duly ~orn, ~ys that he/s~ b Prlncl~l Clerk of THE SUFFOLK TIMES, ~ Weekly Newspaper, publ~hed at Mattituoh In the Town of Southold, ~un~ of Suffolk and State of Mew Yo~ .nd that the Metre of whioh t~ annexed b a ~nt~ oo~, ~ b~n r~ula~ ~bl~ in / weeks cation of Property: 7400 Main said Newspaper once each week for~ 1;~oad. Matt{tuck (Laurc. l Sch.ool I successively, commencing on the _ .~.c~ day of ~istrict), NY: Coun~ ir'ax ~,ap ]~rccl No. 10~-122' - · , ILlP J. CENTONZE bed MARILYN CI.:N- TONZE ~ regarding premises ~- 140-~-11. Applicants, as contract .] pri~oipalClork vcndccs, arc rcqucsting: (a) AppL No. 4082 -- Variances to thc Zoning Ordinance, Article VII, Section 11)0-72 for approval of Sworn to before m~ this pr'.,c pa' ,"es "Y '"e add'"on o'a, first floor, and tcta,ning livable (9) 8:20p.m. ~pL~0.4068-- flor ama on thc second flor (for a ELEANOR SIEVEI~ICll. Variance o single-family dwelling unit), all to thc Zoning Ordinance, Aniclc~! within the existing stracture. 'fhc lot area applicable lo each usc 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 lo the Zoning OMi- nance. Article VII, Section 100- 71B(2 & 7) for permission to XXI[I. Section 100-239 and Article III, Section 100-32. Ilulk, Area and Parking Schedule, for approval of :he upland area of proposed Lot #1 :79,449 sq. ft.) and proposed Lot ~2 (74,568 sq. ft.), and for ap- proval of the insufficient width of proposed lot #2 (73.37 ft.) along Cox's Neck Road {a/kin Cox Lane}. This project is a Minor Subdivision Application also pending before and A~iclc XIV, Section 100-142, establish first floor professionaI hah tldrt den a office as perm ed by Sec- for et coverage at more Y tton 100 7I'B lot area ~ ' (2). and a second I -- re osin to floor apartment not cxccedmg 750 regulations applicable for ' ' ' ' thc Southold Town Planning Board of 3.765 acres. The Board of Appeals will at said nonconforming lot. Location of Property: 145 Kcrwin Boulevard, Grecnpoe,, NY; Map of peconic Bay Estates. Lot No. 176; County Tax Map ID No. 1000-53-2-9. ,t~4) 7:50 p.m. AppL No. 4084 -- MARY C. BRENBIAIq. Variance to the Zoning Ordinance. Section 100-30A.3 open porch (deck with rooO reptac lng previous deck structure, with ~ nsufficient rear yard setback lot coverage at more than twenty (20%) percent of thc total lot arcs. This parcel el land is located in the R-40 Zone District and is noncon- fen'sing as to lot area (containing 3201 sq. fL.), width aL 45 feet, and/ lot depth at 71.41 feet. Location of x...~Proper~y: 319 Champlin Place, Section 100-82 for approval submitted prior to thc conclusion an addition, for storage puq~oses of the subject hearing. Each having an insufficient set- hearing will not start before the Ihe westerly side prop- limes designated above. For more line. Subject premises is a infortnation, please call 765-1809 lot located in the/ or visit our office. Business (Ell) Zonc District. : Dated: Pebmaq, 13, 1992. Road 48 and the Wcstclly 'rowN IIOAI>,DOFAppEALS of Kenny% Road, Southold, County Tax Map Parcel No. GEIL'M(DP. GOEIIRINGEI~ By Linda Kowalski 7294 - 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 '.. ~,o~. ~ '~ BOA~ OF APPEALS TOWN OF SOU~OLD ScoTr L. HARRIS SupemSOr 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 eopy 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. GOEH~INGER CHAIRMAN By Linda Kowalski JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATE: RE: Zoning Board of Appeals Office of the Town Clerk February 11, 1992 Zoning Appeal Appl. No. 4084 - MARY C. BRENNAN Transmitted herewith is Zoning Appeal Appl. No. 4084 - MARY C. BRENNAN together with a letter from Paul Caminiti dated February 10, 1992, the Notices to Adjacent Property Owner, the Notice of Disapproval from the Building Department, Short Environmental Assessment Form, the Zoning Board of Appeals' Questionnaire, a copy of the Certificate of Occupancy, two pictures of house, a Survey Map of the Property, a copy of the Town of Southold Property Record Card, a copy of the Tax Map, a copy of the deed, and a copy of the Certificate of Title Insurance. Judith T. Terry, Town Clerk 54075 MAIN RD. COR. BECKWITH AVE. P,O, BOX 992 SOUTHOLD, N.Y. 11971-0992 (516) 765 - 1401 FAX NO. (516) 765 - 5902 February 10, 1992 Zoning Board of Appeals Town of Southold Town Hall Main Road Southold, NY 11971 RE: MARY C. BRENNAN VARIANCE SUFFOLK COUNTY TAX NO. 1000-034--3-41 Dear Sirs: Please find enclosed an application which my office is filing on behalf of the property owner, Mary C. Brennan, for a variance for permission to maintain the existing deck in her rear yard. The variance is necessary due to the insufficient rear yard set-becks required under the code. In addition to the application, we are endosing the following: 1. Notice of Disapproval dated February 6, 1992. 2. Current Survey and three copies. 3. Mrs. Brennan's Deed. 4. Existing Certificate of Occupancy for one-family dwelling. 5. Property Card. 6. Photographs of the deck as it presently exists. 7. Tax Map. 8. Contract of Sale with Henry E. Ruthinoski, Jr. and Deborah J. Ruthinoski. 9. Title Report. 10. Check in the sum of $150.00. Page 2 February 10, 1992 My office actually represents the purchasers, Mr. and Mrs. Ruthinoski. However, I am filing the application for the variance on behalf of the seller who, in all probability, will be represented by her own attorney, William B. Holmes, Jr., Esq., at the hearing. Would you please be kind enough to try to schedule this for your next calendar on March 5, 1992. Your courtesy and cooperation is appreciated. PAC/ja Ends. I PROJECTI.D. NUMBBR 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only SEQR PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) I2. PROJECT NAME 1. APPUCANT/SPONSOR MARY C. BRE~AN 3. PROJ~T LO~TION: Municioalt~ Greenport counw Suffolk 4. PRECISE LOCATION (Str~l a~ress ang ~a~ inte~tl0n~ p~minent landmarks, etc.. or DroviOe mao} 319 Champlin Place Greenport NY 11944 (between Sterling Pl.& Main Street) 5. iS PROPOSED ACTION: ~ New [] Expansion ~] Modlflcat Ionlalteratio~ 6. DE$CRlaE PROJECT BRIEFLY: construct deck 10x17 feet in rear of house with roof overhang WILL PROPOSED ACTION COMPLY WITH EXiSTiNG ZONING OR OTHER F. XISTING LAND USE RESTRICTIONS? r--lYes ~[~No IfNo, ctescribebriefly need variance for insufficient rear yard set-back. ~ tk%'~ .~.K',~-L ~/ ~F 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [~ Resi~entta~ [] Industrial [] Commercial . [~ Agriculture 10. DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNOING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAl_ STATE OR LOCAL}? 12. AS A RESULT OF PROPOSBD ACTION WILL EX[STiNG PERMIT/APPROVAL REQUJRE MOD,FICATION? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE SEST OF MY KNOWLEDGE Signature: jf~.,T ~.~ ~ / If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 (Continued on reverse side) The N.Y.S. Environmental Quality Review Act requires submission of this form, and an enviro'nmental review will be made by this board before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FO~ I~NSTRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is net significant. (d) Environmental ASsessmen~ 1. Will project result in a large physical change to the project site or physically'alter more than 10 acres of land? Yes 2. Will there be a major change to any unique or un~ual land form on the site? Yes 3. Will project alter or have a large effect on an existing body of water? Yes /NO 4. Will project have a potentially large impact on groundwater quality? ~Yes /No 5. Will project significantly effect drainage flow on adjacent sites? -___Yes /No 6. Will project affect any threatened or endangered plant or animal species? Yes 7. Will project result in a major adverse effect on air quality? ___Yes .~.No 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? __Yes V/No 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontologiual importance or any site designated as a critical envircnmental area by a local agency? Yes 10. Will project have a m~jor effect on existing or future recreational opportunities? ~Yes ~/No 11.Will project result in major traffic problems or cause a major effect to existing transportation . ' systems? _ Yes ?___No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project,s operation? ~Yes /No 13. Will project have any impact on public health or safety? 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year Yes /NO period.or have a major negative effect on the charact~ of the~unity or neighborhood? 15. Is there public/~o~tro~conce · -- , project? /-I/L~/=L~, ming the . Yes /No QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached.) R~nk of N.Y. mortqaqee (satisfied) g~,,~hn]d Savinas Bank mortqaqee (to be satisfied at closing) B. Is the subject premises listed on the real estate market ~or - sale. or being shown to prospective buyers? {xx} Yes { } No. (~f Yes, p]~ a~-h uupF of "cond/~ns" of sale.) C. Are there ~/~ruposals tD uhange u~ ~lter lan~ cuntou~? { } Yes {x} No Do lo 2. 3. 4. Are there any areas which contain wetland grasses? no Are the wetland areas shown on the map submitted with this application? n/a Is the property bulkheaded between the wetlands area and the upland building area? n~ 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? ~no (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fencas which e~t and are not shown cn the survey map that you ara submitting? n~ If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? no If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? no If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel ~g]~ f~m~]y r~siden¢~ and proposed use utnorized Si~nauure and Da~e 3/87, 10/901k § 97-13 WETLANDS § 97-13 TOWN -- The Town of Southold. TRUSTEES -- The Board of Trustees of the Town of Southold. [Added 6-5-84 by L.L. -No. 6-1984] ',vE ~-7_,ANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 by_ ,L.L. No. 6-1985]: -/~-., '~', ?.r ~{DAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with. or wbich border on. tidal water~, or lands lying' beneath tidal waters, wbich at mean low tide are covered by tidal waters to a maximum depth of five (5) feet. including but not limited to banks. bogs. salt marsh, swamps, meadows, I"la~ or other low lying lands subject to tidal action; (2) All banks, bogs. meadows, flat~ and tidal marsh subject to such tides and upon which grows or grow some or any of the following:, salt hay, black grass, saltworts, sea lavender, t~ll cordgrass, high bush, cattails, groundseL ~'.~hrn~l!ow al~d low (3) All 1,u. ud immediately ndjacent 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 'etlands as defined in Article 24. Ti- fie 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 Subseetion 13(1) and lying wkh- in seventy-five (75) feet landward of the most land- ward edge of a "freshwatar wetland." 9705 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. CERTIFICATE OF OCCUPANCY No. Z...2~.'~3 ............... Date ........................... J~a.I'.C:k ....,~,'~. ....... , 19.66... THiS CERTIFIES that the building located at E]/..~ C[!.~t~t~.lJ. lt Place Street Mop No ......~ ........... Block No..,,~"E ............... Lot No. ~ .......... Gr.ee~.t~oz.t.~......l~.~....... ......... ~ conforms substantially to the Application for Building Permit heretofore filed in this office do~'~d ~'~'....J~,...2~ 19.6.7.. pursuant to which Building Permit 1~1~..2"~.lf,~..~xx~ doted ............................ ]~'o',~e.l/l~:~a~...2.~.., 19..1~., was issued, and conforms to oil of the req~ of the applicable provisions of the law. The occupancy for which this certificate is issued js ........ ...... l~L~.~.~e...o~e..~am~l]~...~l,~e_~t ~z .......................................................................................... The certificate is issued to ..... ,T~B~.])~I.....I~.B~r~Dll. ..................................... (~ll~'. ............................. (owner, lessee or tenant) of the aforesaid building. --('EIUITFICA TE OF TITLE First American Title Insurance Company of New York Title No. 141-S-0004 ~er~i~ie~ ~o PAUL CAMINITI ESQ that an examination of title to the premises described in Schedule A has been made in accordance with its usual procedure and agrees to issue its standard form of title insurance policy in favor of the proposed insured, covering premise~ described in Schedule A, in the amounts hereinafter set forth, insuring the fee and/or mortgage and the marketability thereof, after the closing of the transaction in conformance with procedures approved by the Company excepting (a) all loss or damage by reason of the estates, interests, defects, objections, liens, encumbrances and other matters set forth herein that are not disposed of to the satisfaction of the Company prior to such closing or issuance of the policy (b) any question or objection coming to the attention of the Company before the date of closing, or if there be no closing, before the issuance of said policy. C~hio Certiticate shall be null and void (1) if the fees therefor are not paid (2) if the prospective insured, his attorney or agent makes any untrue statement with respect to any material fact or suppresses or fails to disclose any material fact or if any untrue answers are given to material inquiries by or on behalf of the Company (3) upon delivery of the policy. Any claim arising by reason of the issuance hereof shall be restricted to the terms and conditions of the standard form of insurance policy. If title, interest or lien to be intuited was acquired by the prospective insured prior to delivery hereof, the Company assumes no liability except under its policy when issued. COIINTERSlGN ED FIRST AMERICAN TITLE INSURANCE COMPANY :~.OF NEW YORK (See Over Page /or General Exceplio~ts from Coverage) 210 Court Street, Riverhead, New York 11901 Proposed Insured: Title No. 141-S-0004 Purchaser: Effective HENRY E. RUTHINOSKI, JR. and DEBORHA J. RUTHINOSKI, HIS WIFE Date: JANUARY 3, 1992 Mortgagee: ARCS MORTGAGE, INC. Amount of Insurance Fee $80,000.00 Mortgage $76,000.00 $ THIS COMPANY CERTIFIES that a good and marketable title to the premises described in Schedule "A", subject to the liens, encumbrances and other matters, if any, set forth in the certificate may be conveyed and/or mortgaged by: RICHARD B. BRENNAN and MARY C. BRENNAN, HIS WIFE The source of title being by deed from SARAH RAYNOR dated December 14, 1979 recorded January 9, 1980 in Liber 8759 of conveyances at Page 115. Premises described in Schedule "A", are known as: Address: 319 Champlin Place Greenport, New York County: Suffolk District: 1000 City: Town: SOUTHOLD Section: 034.00 Block: 03.00 Lot: 041.000 For any Title Clearance questions on this report please call JACK TANDY, PATRICIA JUDD OR GEORGE KRAPF -at- (516) 727-5700 (800) 848-4888 Page SCHEDULE "A" Title No. 141-S-0004 ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, known and designated as Lot 7 and part of Lot 8 on "Map of Champlin Estates", filed in the Suffolk County Clerk's office as Map 337, bounded and described as follows: BEGINNING at a point on the southerly side of Champlin Place,. distant 98 feet westerly from the intersection of the southerly side of Champlim Place and land now or formerly of Blydenburgh, 71.41 feet; THENCE South 74 degrees 06 minutes 20 seconds west, along land now or formerly of Ciupryk and one Ruthinoski, 45 feet; THENCE North 16 degrees land now or formerly of Henry Champlin Place; 35 minutes 00 seconds west, along 70.87 feet to the southerly side of THENCE along Champlin Place, north 73 degrees 25 minutes 00 seconds east, 45 feet to the point or place of BEGINNING. FOR CONVEYANCES ONLY The policy to be issued under this report will insure the title to such buildings and improvements erected on the premises which by law constitute real property. Together with all the right, title and interest of the party of the first party, of, in and to the land lying in the street in front of and adjoining said premises. Page 2 Title No. 141-S-0004 SCHEDULE B Hereinafter set forth are additional matters which will appear in our policy as exceptions from coverage unless disposed of to our satisfaction prior to the closing of delivery of the policy. DISPOSITION 1. Rights of tenants or persons in possession, if any. 2. Taxes, tax liens, tax sales, water rates, sewer rents and assessments set forth herein. Survey by Roderick Van Tuyl, P.C. dated February 3, 1992 shows a 1 story frame house with deck. Concrete area in westerly part of premises. Concrete driveway along easterly part of premises. Variations between fences and record lines. No other variations. 4. Mortgage in Liber 8655 MP 110 held by SOUTHOLD SAVINGS BANK. Mortgage in Liber 9459 MP 203 held by THE BANK OF NEW YORK. Require proof of death of JOSEPH V. RAYNOR showing he died leaving SARAH RAYNOR his lawful wife. (Being Investigated) Application calls for title to be in MARY C. BRENNAN. Record title is found as certified herein. If RICHARD B. BRENNAN is deceased, proof of death and affidavit must be produced and inspected at or prior to closing. The (7) Judgments herein must be disposed of. (See No. 1 to No. 7 within) The (1) Federal Tax Lien must be disposed of. (See Within) 10. Proof is required to show that the persons executing deed at closing are the same persons as the grantees in d~ed Liber 8759 cp 115, the certified owners herein. STREET REPORT: Champlin Place is being maintained by the Town of Southold. NOTE: Searches made against HENRY E. RUTHINOSKI, JR. and DEBORAH J. RUTHINOSKI and nothing was found of record. Page 3 Title No. 141-S-0004 MORTGAGES A Mortgagor: RICHARD B. BRENNAN and P[ARY C. BRENNAN, HIS WIFE Amount: $ 24,000.00 Dated: December 14, 1979 Mortgagee: SOUTHOLD SAVINGS BANK Recorded: January 9, 1980 Liber: 8655 MP 110 SUBORDINATE MORTGAGE B Mortgagor: Amount: $10,000.00 ~ RICHARD B. BRENNAN and Dated: January 12, 1983 MARY C. BRENNAN, HIS WIFE Recorded: January 24, 1983 Liber 9459 MP 203 Mortgagee: THE BANK OF NEW YORK This title report does not show all the terms and provisions of the mortgage(s) set forth herein. Interested parties should contact the holder(s) thereof to ascertain the terms, covenants and conditions contained therein, and to determine if there are any unrecorded amendments or modifications thereto. Page 4 A~ses~¢d Valualion: I.and $ 300 lolal $ 2700 .12ac ASSD: Brennan, Richard & Wf TAX SEARCtt Nx Champlin PL Ex J L Urban Sx H E Ruthinoski Wx J Henry Title No. 141-S-0004 1-29-92 ('orally Suffolk City Holough Town Southo 1 d Seclion 1000-034.00 Block 03.00 SchoolDistdct 10 (not inc)(wtr priv) Village Greenport Lot 041 .000 199]/92 Total tax $1580.44 (lst % $790.22 PAID 1-4-92) (2nd ½ $790.22 OPEN) Prior paid WATER: PRIVATECOMPAN¥OROWNSUPPW RSCO/kf NR Page CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT--THIS INSIRUMEN1 =HOULD BE USEDBY LAWYERS ONLY. This Indenture, mede the 14th day of December nineteen hundred and seventy-niue Between SARAH RAYNOR, residing at 319 Champlin PLace, Greenport, NY party of the first pert. and RICIIARD B. BRENNANand MARY C. BRENNAN, his wife, both residing at 14 Metropolitan Oval, Bronx, NY 0 o o o o o party of the second part, t~/Itnaeaeth, that the party of the first pnrt, In conalderetlon of Ten Dollars and other valuable conllderatlon plld by the party of the second part, does hereby grant end release unto the party of the second pert, the heirs or successors and esslgns of the party of the second part forever, All that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, tying end being in the Town of Southold, County of Suffolk and State of New York, known and designated as lot 7 and part of lot 8 on "Map of Champlin Estates", filed in the Suffolk County Clerk's office as map 337, bounded and described as follows: BEGINNING at a point on the southerly side of Charnplin Place, distant 98 feet westerly from the intersection of the southerly side of Champlin Place and tile westerly side of Sterling Place; running thence south 16° 35' 00" east, along land now or formerly of Blydenburgh, 71.41 feet; running thence south 74° 06' 20" west, along land now or formerly of Ciupryk and one Ruthinoski, 45 feet; running thence north 16° 35' 00" west, along land now or formerly of Henry 70.87 feet to the southerly side of Champlin Place; running thence along Champlin Place, north 73° 25' 00" east, 45 feet to tile point or place of BEGINNING. BEING AND INTENDED TO BE the same premises conveyed to the party of the first part and Jbseph V. Raynor, late of Suffolk County, by a deed made by Joseph Parisi, said deed being dated the 22nd day of November, 1965 and recorded in the office of the Clerk of the County of Suffolk in Liber 5875 at page 85 on the 9th day of December, 1965. Together with all right, title and interest, if any, of the party of the first pert in end to any streets end roads abutting the above described premises (o the center lines thereof; Together with the appurtenances end all the estate and rights of the party of the first part in and to said premises; To )~ave And To Hold the premises herein granted unto the party of the second part, the heirs or successors and assigns of the ps~/of the second part forever. And the party of the first part covenants that the party of the first pert has not done or suffered snythlng'whereby the said premises have been encumbered in any way whatever, except ss aforesaid. And th e party of the first part, in corm pliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such conslders6on as s trust fund to be applied first for the pu rposd of paying the cost of the improvement and will apply the sarue first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. In Witness Whereof, the party of the first part has duty executed this deed the day end year first above written. IN PRESENCE OF: Sarah Ra~/~r CONSULT YOUR LAWYER THIS II'dSTRIIMEflT--THIS INSTI:IU/~ before dellvely of the d,'ed. Lhlless expre'~s provision is mncle, the provisions of ~ecllon 5' I t I ! of the (&enersl Obllgatlo.s I.aw w/Il ~,pply, This section also places risk of loss upon purchaser if lille or possession is I~anslerred prior to cio,ting. Tills AGREEMENT, made the BETWEEN // "'-day ol December , nh,elee, hundred and n~inet¥-o._ne MARY C. BRENNAN,lp~$vidually and as survivin~ ~_j~NNAN. deceased 31q CHAMPL1N PI,ACE, GREENPORT, NI%~ YORK herein.lter described as the seller. E. Jr. J. ~ II ~t~,H ~TP~ .~/ GREENPORT, NEW YORK b.reinsher desc,ibed., 0, e purch,,ser. WITNESSETH, fha! the Keller ago'ecs to sell smd cenvey, sad the purchaser agrees to purchase, all that certs, in plot. piece or p~rcel of land. with the buildings and improvements thereon erected, situste, lying and being in the TO',~',I OF ~OUTIIOLD , known as 319 Champ]An Placer Greenport NY 11944 (__Di~L.~000r.$e~ 34r Block 3s 'IoL 41) SEE A'i'I'ACIIED DESCRIPTION I. This sale includes nil right, title a.d interest, if soy, of the seller in and to any land lying in the bed of any street, road or aven.e opened orproposed in front ol or adioining said premises, to the c,enter llne thereof, a,nd nil right, title and interest of the selle~ in ~.dlo any sw~rd made or to be made in I~eu thereof and m and Io nny unpaid award {os damage to sa d premis,s by re,son of change o! grade ol ~ny street: and the seller will execute and deliver to the purchaser, on closing ol title, or th.re~lter, on demand, all proper instn!ments for the conveyance of such lltle and the nssignment and collection ol .ny s.ch .ward. Ih ($80 000 00) D II bi f II 2. e price is I',I(~flFYTM' ']'llOU,qANI) , ............. ' '''' '' '' ' ' o ars, payt, e as o TUOUSAND (j~4..000 00) .................... L)ollar~. 'L'O BE JEIJ3 TN F~CROW BY .SELLER' S A'~'IIIRNF, Y herU~e 'y ac~oOw~e~{e8: on the SiRning of th s con Tact, by check snhtec o collect on, the receipt o% which IS ( .~,3 ~.. 000 00) Della,,. S{~EN'rY Si× I'HOUS.,~D ......... ;n cash or ir, od certiRed check to the order of the seller on the delivery of the deed as hereinafter provided: · - , ~ -~-, , · · ...... l ........ I~-,, ,~,, ..id ~,,~,..;~ ;,, II,~: ........ t, L.--,.,,e i'ale ol per cent pet annum, the principal belnR due and payable ...... hy ~he p,rch~,er or as.iR,,~ execntinR..cknowledRinR a~t°n°f time note ,ecuTed hy a purch~n the ahoy6 premises, in thai amount, payable to{ether )vi~.b~ieLe.,t mr ,ko .,.,- ,-,~ ,. - =--~: ,~. ........... ,.,', .':,,;~ · 1. Any ho,,d or ,,o~e a.d ,.orIRage to he Riven hereunder ,1, all be d,a~',, on the ~la.dard forms of New Yo,k Boa,d of 'l itle UnderwtileTs for mortRaRes o{ like Ilea; and sha}{ ~e drawn by t~e attorney [or t~e seller at t~e expense of the purchaser. who .hall .l~o pay the morlRaRe tecoT~inR tax and *ecordi.~ fee~. an,{ ~u~o~dinate to the lien o~ Ihe exi~linR mo~l~afle of $ , any extenslon~ Ihe~eo{ and to any modRaRe o~ consolidated mo~tgaee which may be placed on the p~emises in lieu thereof, and to any exien~ions t~eteof peovided (a) that Ihe interest ~ate t~eleof shaU not he ~eater Ihan ~r cent per annum and Ihat. ii the principal amount thereof ~hail exceed the amount o~ principal ow:n{ and unpaid on said existin~ mo~lgage the time o{ placing such new motl~ade or consolidated mo~tdage, Ihe exces~ ~e paid lo the holder of such pt.chase money mo RaRe n redur on of he p~ nclpa{ thereof S ch purchase money moll{adc s a also provide that such payment to the , der II~e~eo{ sha{} not ahe~ or a~ecl the regular instal meats, if any, o{ p~inclpa{ payable Ihe~eunder and shah {.ovlde {{~at Ihe holder d~e~eof will, on cemand and w Ihout chatRe helefor, execu e, acknow edge and de]:vet any meal or aR~eemenls {urlhet to e~ectuate suc~ suhotdination. 5. If the~e ~e a mollRage on {he premises the se}let aR~ee~ to deJive~ 1o the purchaser at the time of delivery o~ the deed a proper certi~ate executed and .eknowledged ~y tl~e holde~ of such mortRaRe and n form [or ~ecordin~ cettilying as Io Ihe amount of ~he unpaid p~incipal and interest t~e~eon, date of maturily Ihe~eo{ and tale of interest thereon, and the selle~ sba pay the ]ee~ fo~ recording such ce~RReate. ~holdd the morlRagee ~e a hank or other inslitulion as defined in ~ection 274-a, ~topelly Law. }he mollRa~ee may, in lieu o~ the ~aid cerRfcate, fu~nis~ a lc.er signed by a duly authorized officer, or em- i oyee or are . conta~nlnR I~e ;n~otma on required to ~e ~e lot t n ~a d cerli~cale. Se{le~ represenl~ I~at ~uch will nol ~e in defauh al ot RI a lesuJl o[ the dc very ol d,e deed hereunder and ~at net her said molldage, nor any mol Real on :helen[ rnnla[n~ any provlmion to accelelale paymenl, or to c~anRe any o{ the other lerms ot p~ovisions the~eo[ by leason o[ the delivery of the deed hereunder. 6. Said premi~e~ ale :old and ale to be conveyed subject a. ~onin~ :egulatlons and mdinance: o{ Ihe cily, Iown or village in which t~e p~emi~es li{ which ale not violated by ~. Consenl~ ~y the ~elle~ or any [o~mer owne~ ~[ p~emises {o~ the e~ection of any sttuclu~e or sl[uctmes on. unde~ or above any ~treet o~ ~treet~ nn which ~aid pTemises may a~ut. e ~ncroachmenls of stonp~, atea~, cellar sleps, trim and cornice~, if any. upon any slteel br highway. d. 5TAq'E OF FAC'rS Sll~ ON SURVEY PREPARED BY RODERICK V~ ~h DATED 11/23/79. provided same does not render title unmarketable,. 7 All notes or notices of violations of law or municipal o,dinances, ,.,lets oT require,nenls noted i. or issued by the Depart- ments nl I {ou~ing a.d B.ilding~. Fi~e. Labor. Ileahh, o~ olher Sllle or Municipal Deparlmenl having jurisdiction, againsl or affedi.g the p~emise~ ~l the date he,coL ~h~ll he complied with by the seller and the premises shall be conveyed free of the ~ame. n.d thi~ movlsion ot ~hls co.lract shall smvive delivery of the deed hereunder. The seller shall fmnls~ Ihe purchaser with a. authodz~6o, to make the neces~ar~ searches therefor. 8. Atl obliga6ons affecting the premises incu.ed under II~e Emergency Repairs movlsions of Ihe Admlnlsltative Code of d,e ('i~y ol New 5'o,~ (Sedions 564-18,0. elc.) p,io~ Io the delivery ol the deed ~hall be paid and discharged by ~he .po. ~he delivery of the deed. This movislo, shall survive the delivery oi the deed. 9 Il. at the time of the delivery of the deed, the premhe~ or any pail the,col ~ha{I be or d, all have been affeded by an as~ess- me.t o~ asses~meuts ~dfich a~e o~ may become payable in annual installments, of s~hich Ihe first installment is then ~ cb.pge ,. t*en. or ha~ been paid. then fo~ the pt.~ses of Ibis conlfact all the tmpald h.tallments of any suc~ assessment, including d~o~. ,,hich a~e lo become due and payable after the delivery of Ihe deed. ~halt be deemed to be due and payable and ~. hr llrn~ upnn the premises affected thereby and shall be paid and di~charRed hy dse ~eller. npon the delivery of the deed. I0 lhe f~llm~i,,g .~e lo be app~rtioned: P~Z D_ER 2~ DELIVERy OF TITLE OBJECTIONS- The Purchaser agrees to deliver to the attorney for the Seller herein, no less tha~l seven (7) days prior to closing, a list of any objections or violations which may appear on any t' ltle e×amination that the Purchaser obtains. If aqy objections appear which cannot be cleared by the Seller by the time set for the closing of title herein, then the Seller shall be entitled to a reasonable adjournment for the purpose of removing such objections or violations. 29 NO ASSIGNMENT- This Contract may not be assigned without the rltten consent of the Seller. 30 VACANT AND BROOM CLEAN - Subject premises will be delivered vacant, (except for items of personal property transferred hereunder) broom clean, and free of tenancies. ~1 SUBJECT TO COVENANTS AND RESTRICTIONS- Said premises are sold subject to covenants and restrictions of record, if any, provided same are not violated by the erection, use or maintenance of the existing structures or future structures allowable under the present zoning regulations affecting the subject premises. The violation of any covenants and restrictions by existing structures shall not be deemed an objection to title, provided the ti le 't company insuring the title shall agree to insure that such structures shall remain in their present locations as lonq as same shall stand, and the replacement, repair and maintenance of said structures. 32 MORTGAGE CONTINGENCy- This Contract is subject to and contingent upon the Purchaser, at his own cost amd e~n,ns~, aDDlylng for and obtaining a Commitment for a _S O N I M A Bank Mortgage in the sum of $.~ at the prevailing interest rate for such mor~ Purchaser is to make prompt application and employ all reasonable efforts to obtain a firm Commitment for said Mortgage, in writing, within ~-~.i~_~) days from the date that the Seller signs this Contract, 'and shall promptly after receiving such Commitment, deliver same to the Seller's attorney. However, notwithstanding the foregoing, if Seller's attorney is not in receipt of Purchaser's firm ommltment at the end of the ~~_ c ' (Ka~L__~_Y_~__aforestated, either party may cancel th~s Contract and the payment made on account shall be returned to tile Purchaser, in which event this Contract shall be SEE SEPARATE TERMITE RIDER ATTACHEI~ considered canceled, null and void and the parties shall be relieved of any and all liability hereunder to each other. A Mortgage Commitment which by its terms is subject to the verification of employment, income verification, verification of bank balances and/or favorable appraisal, shall not be deemed to satisfy tile mortgage contingency provisions of this Contract until the lending institution issuing such Commitment shall have removed such conditions therefrom within the time period prescribed for obtaining a Mortgage Commitment in this Contract of Sale. _:~,.exq~nse, may have a termite ~he Seller sha~f~a~um un? ~ate of this~e~ract. Inspection at ~., ....... ~ ~emlses availa~l~-for such xs round, the Purchas ...... -~ ~r~e Infestation I " =~ ,,,~y agree to t the remis ,, S If the Purcha I t~the premises "A~ · set refuses to ept the rem' ,, ~ermlte Infestation befo~~_°r_.remg~g tile . ~,,~ uiosl~g of title .or canceling tge Contr~c~~~tln~{~ . -' . lr~y (30) days after the ~r ~orc~ an~ effec~ and shall no lo · f p~rt ~ ~._ ~__ nger be considered t[~ PL.UMBING, IIEATING, ELECTi(IC- Purchaser has examined .subject premises and accepts the same "AS IS"; except tha~ the Seller represents that the plumbing, heating and electrical systems and appliances are and will be in working order at the time of closing. This representation will not survive the earlier of delivery of the Deed or date of possession. Any notices of non-compliance under this provision must be given by date of possession, in the event possession is given prior to the closing. Purchaser may examine the premises thirty-si~ (36) hours prior to closing. Any notices of non-compliance must be given no later than twenty-four (24) hours prior to closing, or POssession, whichever first occurs. 35 SUBJECT TO UTILITY EASEMENTS- The premises are sold and3 are to be conveyed subject to Water, electric, _[_equ % r i [Lq__same RIDER telephone s~w! all other utility easements and ltcene,s, if a{ly within ten (10) feet of the perimeter of the premises provided that no presently existing structures are located within the area of the easement. RIDER CONTROLS- If this Rider conflic, ts i'n any way f~m tile printed form Contract of Sale, this Rider shall control. 37 Tile .geller will provide a certificate of occupancy for al' [ ..~ ~r~ cture.~'~which are tile subject of this transaction aah are encompassed within the boundaries of schedule A attached hereto., including shed and raised deck. 3 In thf~ eveut that the premises are not delivered vac,~nt mhd broom clean at the time of closing or within 72 }](}urn thereafter, an escrow amount of $1,000.00 will be held by sellers' attorney with a penalty clause of $75.00 per dtom for each and every day seller remains in p ...... sion beyond said 72 }]our period. In the event sel.]ers remain in possession as herein provided, all adjustment?, will be made as of the date possession is given. 39 In the event that purchasers request an extension on any mortgage committment which ]]as been given and a request for sa~d extension is denied by the lending institution, this contract will be treated as if no committment had been obtained by the purchasers and purchasers downpayment shall be refunded and the contract deemed null and void. 40: HOT WA~ER HEATER: Seller presently rents hot water heater from Agway Petroleum and agrees to purchase said unit from Agway petroleum prior to closing and to furnish purchasers with proof of same. RIDER TO CONTRACT OF SALE Seller: BRENNAN Purchaser: RUTItlNOSKI Premises: 319 CIlAMPLIN PLACE, GREENPORT WOOl) DESTROYING INSECTS INSPECFION: Tine purclnaser shall have the right to have the premises inspected for the pnrpose of determining the existence of infestation of wood destroying insects, including bat not limited to termites, carpenter ants and powder post beetles. The cost of said i~spectlon shall be paid by the purchaser. In the event that infestation or damage is found, a copy of the report issued by the termite company or otber written notice shall be served upon the seller's altorney within fifteen (15) days fi~rm the date hereof or from the date of the issuance of a firm mortgage commitment whichever date is later. Upon receipt of such notice by the seller's attorney, Ihe seller at his option may: (a) treat the infestation and repair the damage caused thereby at his own cost and expense and provide purchaser with a certificate and guarantee from a repntable exterminator running to or assignable to the purclnaser for a minimum period of one year in which event the purchaser agrees to consnmmate this transaction pursuant to the terms hereof, or (b) terminate fids contract by refimding the contract depnsit hereunder by the purchaaer. Notice of the seller's intent to exercise eitlner option slnall be served upon the purchaser's attorney within seven (7) days after receipt of the termite report. In tine event tlnat seller exercises Ids option to cancel this contract pursuant to (b) above the purclnaser may nevertheless have the option to proceed with the purchase of the house and take subject to the infestation and damage. Said option by the purchaser must be exercised in writing within three (3) days after receipt of advices that seller has terminated the contract. In tine event tine purchaser shall fail to have the premises inspected or fails to serve said notice as specified, the pnrchaser shall be deemed to have waived the provisions of this clause and the contract shall remain in full force and effect. 1his provision of the contract concerning wood infestation shall apply only to active infestation ant{ slnall not apply to prior infestation provided that seller shall be able to deliver to purchaser a gnarantee from a reputable exterminator as set forth above. I~ . ~ M~mh~ .I ~1~ N~.' Y-~ Ho~d of Tide tl.d~wd~e~., will ~l,p~.~ ..~l ;'1' N L,6UNI)RY J~)F~, AREA RUGS~ ~ .... .hich Ihe s.ller is ,,bliraled ~,, pay a,,,I ~,.nh~an~.~-I t,.C~lltl tr,g*lh.t wid~ the cn~t of t~cn~dlng nt fili.r said instruments: or. p~ovided thnl the sdler h.~ nHnllg~tll*rd~ wilh Ih. Ihlr r.mpn.y employed by the purch.~er in ~lva.ce nf rlosi.g, ~elle~ will del)osi~ with said company ~,~1I M I1~* i.~m.d p~em.~t~. '111. pmch.srr, il ~*q.e~l is made wilhi, a reaso.~ble time p~ior Io ll~e d~le of closh~ I~ thnl .f Ih. MM lhe sell*r will on leq.e~l deliver to the p.M~.~er ~n .flM~v~t showing Ih~l sud~ ~.d~menls. the *~e.t that Ihe ~ell~r i~ I nhl* In r~,nvey Ihl* i. ~cco.lm.e wilh fl~* tern~s nf Ihi~ co.h~ct, ll~e ~nle li.bility of Ihe .~ 10:00 A.M.o'cloc~o. 1 ,F;NI)F;R OF' ~R~xxx,~x. 2S h i~ ,..l*t~t~md .n,I nRt*~d Iha~ ali ..,l~r~lq.di.~ ami ng~e*m~.~ h*~.l.f-re h.d helween the p.tties hetet~ ate th~ dM. there.f .mi Ih~ cl.~i.R of tiff*. IN WI'I'NF~S WIIEREOF, il)is .Rre~m~nt I~a~ h,,. d.ly ex*creed hy Ihe p~tie~ R~80 HD R-80 HD R-80 LIO R~40 R-40 / . COUNTY OF SUFFOLK I*°'"~ $OUTHOLO ~lReal Property Tax Service Agencyl_~u~c~cF -- 034 BOARD OF APPFAL5, 1-OWN OF qC)I. JTHOI.D In the Matter o~ the Petition of : to the Board of Appeals of the Town nf Southnld TO: NOTICE TO ADJACEilT PROPERTY O~'rN ER YOU ARE HEREBY GIVEN NOTICE: I. That~ intention of the undersigned to petition the Board .f Appeals of the Town of Southold to request a V(~ri.m_~ce~(Special Exception)(Special Permit) (Other) [c±rc].e cho±cel ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 319 Champlin P~ace Greenport NY 11944 3. That the property which is the subject of such Petition is located in the following zoning district: R-4O 4 That Irt such Petiti.n, the undersigned will request the following relief: Variance for Construction of wooden deck 10 x 17 ft_ with roof overhang in rear of house having insufficient rear yard setback. $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article IITA Secticn 1 00-30A. 3 [ ] Section 280-A, New York Town Law for approva] of access over right(s)-of-way] 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road. Southold, New York and you may then and there examine the sam':, during regular office hours. (516) 765-1809. 7. That her.re the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearin~ in the Suffolk Times and in the Long Island Traveler. Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: February 7r 1'992 ~ ~R~y ~' ~ }n-~.~- ~. : M C. BRENNAN Petitioner Owners'Names: Mar~ C. Brennan Post Office Address c/o Paul A. Caminiti, Esq. P,O, Box 992, Southold NY ~1971 Tel. No. (516) 765-1401 .. [Copy of sketch or plan showing proposal purposes.] (see Survey attached) to be for convenience attached ADDRESS Mr. & Mrs Jerome L. Urban Lot 40 Denny D. Leland and Linda Leland Lot 42 Mr. & Mrs. Samuel R. Raynor Lot 47 Henry E. Ruthinoski Lot 48 Andrew J. Ciupryk Lot 49 307 Champlin Place Greenport NY 11944 135A Southfield Rd Middle Island NY 11953 330 Bridge Street Greenport NY 11944 320 Bridge Street Greeenport NY 11944 '~0~ 530 Main Road Mattituck NY 11952 PS Form 3800, June 1985 U.S.G,P.O. 1989-234-555 COUNTYOFSUFFOLKi ss.: Bets~ Perkins ,residingat Kin] Street Orl ~n~ NY 11957 , being duly sworn, deposes and says that on the of February ,1 9 9 2 . 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 respectiL'e .. names; that ~he addresses se~ opposite the names of said persons are thc addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United Slates Post rice at Traveler St,, Southold NY (certified) (registered) mail. Sworn to befor/~//~e_~his_.~ ---- I~o ~y Public that said Noti~/~r~ mailed to each of said persons by PAUL A. CAMINm Nota~/Public, State of NewYod[ No. 5581910 ~ ~.--"-- Commission Ex~ires June ~0, 19-. (This side does not have to be completed on form transmitted to adjoining property owners.) : ; C~e ~em~ 1 ancO/or 2 for ecl 135t% NY 11953 P 271 .?~0 092 Certified ~COD Express Mail and fe~ ) LAddressee) [] Certified [] Expree~ s paid) [] Ir~ured DOMESTIC RETURN 530 [] Registered [] Insured ~-1 ~;~O.A_D [] Certified [] COD p~, NY 11952 i--lExpressMeil i--I ?. Date of Delivery Signature (Agent) 8. Addreslee'e Address (Only if end fee is paid) PS Fon~ 3~1 1, November 1990 wu.s. a,~ M~--~e~ee DOMESTIC RETURN '