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Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHI3LD, L.I., N.Y. ll9?l TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. ACTION OF T~E BOARD OF APPEALS Appl. No. 3900 Matter of GERHARD SCHREMMER. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 B, for permission to construct a one family dwelling, proposed construction will have insufficient front and side yard setbacks, lot has insufficient width. Property Location 1380 Oak Drive, Southold, County Tax Map No. 1000, Section 080, Block 02, Lot 001. WHEREAS, a public hearing was held and concluded on February 1, 1990 in the matter of the Application of GERHARD SCHREMMER under Appeal No. 3900; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; 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 has made the following findings of fact: 1. The premises in question is located along the southeast side of Oak Drive, Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 050, Block 02, Lot 001. 2. This is an application for Variances from the Zoning Code Article XXIV, Section 100-244 B, for permission to construct a one family dwelling, proposed construction will have insufficient front and side yard setbacks, lot has insufficient width. Page 2 - Appl. No. 3900 Matter of GERHARD SCHREMMER Decision rendered February 15, 1990 3. Article XXIV, Section 100-244 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, or a building or structure may be erected on such lot for use, in accordance with all the other applicable provisions of this chapter, provided that proof os 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. 4. The subject premises for the proposed house is known and referred to as being 35 ft. from the south property line, 10 ft. from the east property line and 27 ft. from the west property line. The house will be 28 ft. by 40 ft. and contain 11% of lot coverage, approximately 10,673 sq. ft. 5. In considering this application, the Board finds and determines: (a) that the circumstances of this application are uniquely related to the premises and its established nonconformities; (b) that there is no other method for appellants to pursue; and placing the proposed one family dwelling in any other location on the premises will require other Variance relief; (c) that the are chosen for the one family dwelling is not unreasonably located; (d) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (d) that in carefully considering the record and all the above factors the interests of justice will be served by granting the variance, as applied. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was Page 3 - Appl. No. 3900 Matter of GERHARD SCHREMMER Decision rendered February 15, 1990 RESOLVED, to GRANT a Variance in the matter of the application of GERHARD SCHREMMER as applied under Appeal No. 3900. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Dinizio, (Absent Serge Doyen and Joseph Sawicki). This resolution was duly adopted. df GERARD P. GOEHRINGER, CHAIRMAN P~ECEIVED AND F '~ IL.~D BY Ik~, c, -,-~ ~OL, N CLE~iX ago ~.~.~CLD Town C!~rk~ Town o~ Scutl:old APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOL. D, L.l., N.Y. 11971 TELEPHONE (516} 765-1809 FAX NO. (516) 765-1823 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of $outhold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, FEBRUARY 1, 1990, at the following times: 7:30 p.m. Appl. No. 3902 - HENRY HUNSTEIN. Variance to the Zoning Ordinance, Article III A, Section 100-30.3, (100-33)', as disapproved, for permission to construct accessory building in frontyard area. Property Location: 90 Kimberly Lane and 135 North Ba!rview Road, Southold, County Tax Map No. 1000, Section 70, Block 13, Lot 20.20. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of February 1, 1990 7:35 p.m. Appl. No. 3901 - THOMAS ESCHMANN. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.4, (100-33), as disapproved for permission to construct accessory building in the frontyard area and accessory shower in sideyard area. Property Location: 495 Mesrobian Drive, Laurel, County Tax Map No. 1000, Section 145, Block 4, Lot 10. 7:40 p.m. Appl. No. 3905 - ANTHONY J. MERCORELLA. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 B, as disapproved, for permission to construct deck addition to dwelling, proposed construction will be less than 75 ft. from the bulkhead. Property Location: 2260 Great Peconic Bay Boulevard, Laurel, County Tax Map No. 1000, Section 145, Block 4, Lot 4. 7:45 p.m. Appl. No. 3904 - HARRIET SPILMAN. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 B, for permission to construct addition to existing dwelling, proposed construction will be less than 75 ft. from the bulkhead. Property Location: 1730 West Creek Avenue, Cutchogue, County Tax Map No. 1000, Section 110, Block 1 Lot 7.3. Page 3 - Notice of Hearings $oUthold Town Board of Appeals Regular Meeting of February 1, 1990 / ~ 7:50 p.m. Appl. No. 3900 - GEP~qARD SCHREMMER. Variance to~~ the Zoning Ordinance, Article XXIV, Section 100-244 B, for setbacks, lot has insufficient width. Property Location 1380 Oak Drive, Southold, County Tax Map No. 1000, Section 080, Block 02, Lot 001. /-~ 7:55 p.m. Appl. No. 3897 PARKER J. WICK~AM. Variance to the Zoning Ordinance, Article XIII, Section 100-132, for permission to construct a building for antique vehicles, proposed construction will have bulk, area and parking regulations and insufficient side yard setback. Property Location: 410 Airway Drive, Mattituck, County Tax Map No. 1000, Section, 123, Block 01, lot 02. 8:00 p.m. Appl. No. 3899 ~ AGNES AND CHERYL PAGNOZZI. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 B, for permission to construct an addition to existing dwelling, proposed construction will have insufficient side yard. Property Location: 1450 Jockey Creek Drive, Southold, County Tax Map No. 1000, Section 70, Block 5, Lot 17. Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of February 1, 1990 8:05 p.m. Appl. No. 3898 PECONIC BAY VINEYARDS. Special Exception to the Zoning Ordinance, Article VII, Section 100-71 B (6), for permission to use existing barn for winery production and storage. Property Location: 32180 Main Road, Cutchogue, County Tax Map No. 1000, Section 103, Block 01, Lot 19.2. 8:10 p.m. Appl. No. 3882 - BIDWELL WINERIES. Special Exception to the Zoning Ordinance, Article III, Section 100-30, for approval of consumer tasting and retail sales from the winery. Property Location: Route 48, Cutchogue, County Tax Map No. 1000, Section 96, Block 4, Lot 4.3. 8:15 p.m. Appl. No. 3908 - ROBERT OCHSENREITER AND EDWARD LENCESKI. Variance for reversal of building permit to construct a one family dwelling. Property Location: 565 Bayer Road, Mattituck, County Tax Map No. 1000, Section 139, Block 3, Lot 14. Page 5 - Notice of Hearings Southold Board of Appeals Regular Meeting of February 1, 1990 8:20 p.m. Appl. No. - ROBERT AND ETHELLE SCHROEDER. Variance for reversal of building inspector for change of use of land and existing building without obtaining a Certificate of OccuPancy. Property Location: 4380 Main Road, East Marion, County Tax Map No. 1000, Section 35, Block 5, Lot 4. 8:25 p.m. Appl. No. 3770 - PORT OF EGYPT. Variance to the Zoning Ordinance, Article XII, Section 100-12tC - 122, Section 100-239d, as disapproved for permission to construct Boat Storage Building with insufficient setbacks and excessive lot coverage in this Marine II (M-II) Zoning District. Property Location: Main Road, Southold, County Tax Map No. 1000, Section 056, Block 04, 06, Lot 10.1, 11, 12.2, 3.2, 3.3, 4, 6.1. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before time allotted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated January 22, 1990 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda FORM NO. 3 TOWN OF SOUTItOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date ./,~ ................ ,19 . PLEASE TAKE NOTICE that your application dated ......... /./.,/~. ~. ......... , 19 .~..~.. for permit to ~~.. ~.. ~Z'~..~ .~. ~.~ .~.. ............... at Location of Property ~o~.~.~o.~.~. ~.. ~-g~./~.~.~..~ .,~..~.. ~ ...... j~.~~ County T~ Map No. 1000~ion .... ~ ~ .... Block . .~. ~ ~ ....... ~t .. ~X ...... Subdivision ~. ~ Filed Map No ..... ~.~Z ....... Lot No .... ~ ........... ,,r~,u~d ~w,~~ d ~ro~ o~ t,~ ~o,o~, ~o~n~s..~.. ~.~ ........ ~...~.~..~..~.~~ ......... ........ ..... .............................................. RV 1/80 '. t v TOW, OF SOUT, O'O. ,EW YOR, Southotd Town erk Name of Appellc~t Street and Number Southold Municipality NaY, ............................ HEREBY APPEAL TO State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...........kl./..2.~./.~. ........................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) ...S. ~ .1..v. ~ .t..o. ~ .e....D..i..S. ~.l..v.p....( .C.p..q.t. ~ ~.q .t....V..e..n..d..e..e. ~.. ~ % h a r d Schremmer Name of Applicant for permit of ....4..7.?..3..9....1..6..2_q .d....S..t.E .e..e..t. .................. Elushing...N.X...l1358 ................................. Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO CONSTRUCT 1. LOCATION OF THE PROPERTY ..~.~9..9~..~..~R~%~ ........ ~ ................................... Street /Hamlet / Use District on Zoning Map District 1000 Section080 Block02 LotOOl ~ . ................................................. ~urren~ Owner Gerhard Schremmer Mop 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 not quote the Ordinance.) Article XXIV Section 100-244B 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( )~ A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ( ) (X) ( ) is requested for the reason that the zoning ordinance construction on this REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance prevents Applicant's proposed nonconforming building lot. dwelling Form ZB1 (Continue on other side) REASON FOR APPEAL(~ Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce procticol difficulties or unneces- sary HARDSHIP because The width of this lot preexisted the provisions of the zoning ordinance being appealed. In order for the proposed construction to comply with setback requirements, compounded by this being a corner lot, the building could not exceed 15 feet in width. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because This is one of the few remaining building lots in this long-established community. The restrictions placed upon this applicant did not exist and, therefore, were not imposed on the surrounding properties. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because The dimensions of the proposed construction and the variance request are modest, in keeping with the character of the community and the spirit of the ordinance. STATE OF NEW YORK ) ) ss COUNTY OF SUFFOLK ) i n r Sworn to this ............................ .]~.I;.~. ......... day of ........................... p.e.~.e..m..b..e..r. ............. 19 89 ~ Notary Public · ~ ? _../ TOWN OF SOUTHOLD P~RTY RECORD CARD OWNER STREET VILLAGE DISTRICT SUB. LOT S W ~PE OF BUILDING RES. S~S. :. VL..U}/ FARM COMM. IND. CB. MISC. Est. Mkt. Value ~ND IMP. ' TOTAL DATE REMARKS AGE BUILDING CONDITION N~ NO~AL BELOW ABOVE FRONTAGE ON WATER Farm Acre Value Per Acre Value FRONTAGE ON ROAD ~ z 1~6- ;_~ 7, :"~ Tillable 1 BULKH~D Tillable 2 D~K Tillable 3 Wo~land Swampland Brushland House Plot Total M. Bldg. i Foundation I i Bath Extension i i Ext. Walls Interior Finish ; l- Extension ! ! j Fire Place Heat , [ i Porchl Roof Type Porch Rooms I st Floor Breezeway!! Patio Rooms 2nd Floor Garage I ! Driveway Dormer ,~z 85.00' \ SURVEY OF LOT 5 BLOCK "D" MAP OF REYDON SHORES AT BA YVIEW TOWN OF SOUTHOLD N 89'4#' 40" W (DWELLINg) CERTIFIED TO' TICOR TITLE GUARANTEE COMPANY $OUTHOLD SAVINGS BANK SAL VA TORE J. DISAL VO ARLINE M. DISAL VO O. BOX' 909 ~A/N RC;AD SOU THOL Ot N.Y. 11971 ~ ,LIC. NO. 49668 RS, P.C. 88 - 479 Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. March 19, 1990 Mr. Salvatore DiSalvo 47-39 162nd Street Flushing, NY 11358 Re: Appl. No. 3900 GERHARD SCHREMMER (Variance) Dear Mr. DiSalvo: Transmitted for your records is a copy of the recent determination rendered by the Board of Appeals concerning your application. Please be sure to return to the Building Department and all other involved agencies for proper permits as may be necessary before commencing construction activities. A copy of this decision has simultaneously been transmitted to the Building Inspectors' Office for their files and update. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda Enclosure Copy of Decision to: Building Inspectors' County Planning Rudolph Bruer, Esq. Office DEPARTMENT OF PLANNING PATRICK G. HALFIN SUFFOLK COUNTY EXSCU"rlVE 360-5206 ARTHUR H. KUNZ DIRECTOR OF F~.ANNING March 26, 1990 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. A~_~,~cant(s) Municipal File Number(s) Gerhard Schremmer 3900 Very truly yours, Arthur H. Kunz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner Southold Town Board of Appeals MAIN ROAD-STATE ROAD 25 SOUTHOLD. L.I., N.Y. 11~'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: XX Variance from the Zoning Code, Article XXI~ SectionlO0-244 B Variance from Determination of South61d Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.:3900 Location County Within Applicant: Gerhard Schremmer of Affected Land: 1380 Oak Drive, Southold, Tax Map Item No.: 1000- 80-2-1 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound"or Estuary) XX State or County Road, Boundary of Existing or Boundary of Existing or Other Recreation Area NY Parkway, Highway, Thruway Proposed County, State or Federally Owned Proposed County, State or Federal Park'or Land or Existing or Proposed Right-of Way of Any Stream Owned by the County or for Which The County Has Lines, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COHMENTS: dwelling or Drainage Channel Established Channel Applicant is requesting permission to construct a one family which will have insufficient front and side yard se~ba~ks; "-' lot has insufficient width. Copies of Town file and related documents enclosed for your review. Dated: March 22, 1990 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE CHAIRMAN: The next appeal is in all of Gerhard $¢hremmem, Appeal Number ~ The legal notice reads as follows: n Application Number 3900, Gerhard ~hremmer, variance to the Zoning Ordinance, A.rticle XXIV, Section 100-244 B, for per- front and side yard setbacks, lot has in- sufficient width. Property location: 1380, Oak Drive, Southold, County Tax Map Number 1000, Section 080, Block 02, Lot 001. A copy of the survey indicating the map was ... I'm sorry ... most recent date on the map was August 1, 1988, produced by ~ Surveyors, indicating a proposed house 28 feet from West Shore Drive, 2? feet from Oak Drive, 10 feet from the rear property line, and 35 feet from the other side yards. I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is there somebody who would like to speak? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 17 MR. BRUER: Rudolph Bruer, on behalf of the application, Main Road, Southold, P.O. Box 1466. The problem here is that the property here was developed in 1931, known as Radiant Shores, 27 years prior to the existence of zoning in Southold Town. My clients had entered into a contract on June 30, 1988, with respect to the purchase of this pro- perty for a purchase price of some $85,000. What their initial reaction was, that they know and knew that the property was small with.respect to the present requirements of the Town, but also knew that they liked living in Radiant Shores, having friends there and that this was a valid lot. I believe the Board has in its file a vacant land certificate of occupancy, issued by the Town of Southold, I believe dated 1984, and it was based upon that representa- tion of that vacant land C.O. that we entered into this contract of construction. We know that the C.O. requires that you get the various, and it so states, the various 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 18 other approvals with respect to the require- ments of a building. The contract that we have is a contract that is conditioned upon being able to build and, as you know from the application here, there are two things that we must do: One, we have a 65-foot lot in an area that requires 80 feet in width. We also have a unique situation in that the property is fronting on two roads, which requires two front yards. If it was on an interior lot, we would not need. Next, the second variance we would just be asking the Board for is a variance with respect to the lot width. Without the variance for the side yards, we would be stuck with a 15-foot wide house, which I don't think anybody in this town particu- larly wants, and it would look like a long, long trailer. It would look like something from way down west or the early Queens, and I don't think anybody would be particularly interested in owning or living in such a residence. The first thing that we did was that 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 19 we realized that we had a problem with the Suffolk County Health Department, and we spent a great deal of time to date with the Health Department. To wit, we made the application to the Health Department. It was denied, with the request that if you wanted a variance you could go to the Board of Review. I believe the Board knows the length of time it takes to get to and through the Board of Review, which we have gone through, and they have approved the water systems. I will submit, along with a copy of the contract, the Board of Review's letter of approval. I will also show the Board, I think if you have not looked at the Tax Map, we have highlighted the various lots in the area showing the lots that are of similar size or smaller. At this point I think I would like to submit those maps, a copy of the C.O., a copy of the contract, and the Board of Review's letter. THE CHAIRMAN: Thank you. MR. BREUR: Here are three copies to 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 20 pass around, the Board of Review's approval of the water and, as promised, highlighted maps of the subdivisions showing the lots similar. THE CHAIRMAN: Could I just ask you one question, Mr. Breur? MR. BREUR: Yes. THE CHAIRMAN: This lot was never part of any of the two surrounding lots. is continuous, is that correct? In other It words, it was never divided from any one of those two lots. MR. BREUR: I have a single and separate search, if you would like to see that, and it would show that in 19 -- I think it was '88 -- Mr. Schremmer purchased the property from, I believe, the estate of Toothacker (phonetic spelling), and Tooth- acker owned this lot, and I guess the lot to the south, we believe, but in looking at that it would be this lot here (indicating), that would be this lot to have been imprac- tical in its existence. I would like to point out that we 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 21 have proceeded to this point and have recently inquired of the Building Inspector again of this C.O. can see, it is based upon ... of 1984. As far as they a proper C.O. and of which which today Mr. DeSalvo (phonetic spelling) has spent over 2,470 some-odd dollars for the various application fees, test wells, border review, and various fees. I could give you a breakdown of every one, if you want. THE CHAIRMAN: No, it is not necessary. Could you just afford us a copy of the single and separate search? MR. BREUR: You will notice it only goes back to, I think, 1982. Not to belabor the point, but I think the Board can see the financial hardship here. The other lot that was purchased from Toothacker has already been sold, I think in '88. I had nothing to do with that transaction, but it has been sold. It has been mortgaged. It has a new owner. It is not in the control of Mr. Schremmer at this time. The hardship, as you can see, is 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 22 that this lot will be useless. It is worth $85,000. It is a nice lot. We already expended, as we said, $2,471.50 on this. Again, the practical difficulty is that the lot again was created in 1931, and the financial hardship is already stated, as you can see from the signed contract before you. The few remaining points I would like to say is that this application here is very unique. There are very few lots, very few lots left in this subdivision. They all have been built upon. The community has developed from what was once strictly a summer community ... it is almost a majority all year-round residences. A house, one this one structure on this lot, would not change the character of the community and that you would just be adding one house, probably meeting the more modern standards of the Town and the community than the existing houses that are there. For the Board's review, I would like to show a picture of the proposed house the DeSalvos intend to put on the premises. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 23 THE CHAIRMAN: Thank you, sir. Thank you very much, Mr. Breur. We will have a decision for you in a couple of weeks. We appreciate it. Is there anybody else that would like to speak in favor of this application? Is there anybody that would like to speak against the application? MR. SCHAEFFLER: My name is Mr. Schaeffler. I live on Oak Drive, 1245 Oak Drive. Is there any restriction on the size of the building that would go on this property due to the fact that it doesn't meet the requirement size lot? In other words, I would hate to see a two and a half story building go on a tiny little lot. THE CHAIRMAN: Well, I believe the code, and I could stand corrected, I believe the code says he could build a 35 feet. What they have given us is a picture of & two story dwelling, look at. MR. SCHAEFPLER: enhance the area. I which you are welcome to It appears it would see. Thank you much. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 24 It is much ... you know ... I have seen some of these narrow, huge rows here. THE CHAIRMAN: I think that is what they are trying to prevent. appreciate the MR. SCHAEFFLER: i type of house. Thank you. MR. BREUR: You're very welcome, sir. MR. COMANDO: My name is Michael Comando. I kave the property adjacent. I only want to express my concern. I am not speaking for or against the situation, but my well will have to be relocated, I am assuming. I have had several correspon- dences from Mr. Breur indicating that was the case and my concern is that the expense that could be involved after relocating m~ well, in the event I have a problem with the new well, and subsequently have to dig another well, where that will be located in relation to the other wells in the neigb]3or- hood. The only other thing I was concerned is how far will the houses be apart from each other. I don't know what the Town code 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 25 is on that, if there is a certain length, a certain distance that has to be between the houses. THE CHAIRMAN: questions, MR. concern. To answer your it is 35 feet on your side. COMANDO: But that is my only I am just concerned about the contamination and I assume he would be concerned about the contamination of his well from my cesspool, as well. THE CHAIRMAN: Thank you. Mr. Breur, anything in rebuttal? MR. BREUR: Not really. I gave you a copy of the Health Department Board of Review letter, didn't THE CHAIRMAN: would like to speak on this application, or against? Seeing no hands, I make a motion closing the hearing, reserving I? Okay. Anybody else that for decision until later. BOARD MEMBERS: THE CHAIRMAN: BOARD MEMBERS: MR. Second. All in favor? Aye. BREUR: Thank you very much. NOTICE OF HEARINGS NOTICE OF HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, FEBRUARY 1, 1990, at the following times: 7:30 p.m. Appl. No. 3902-- HENRY HUNSTEIN. Variance to the Zoning Ordinance, Arti- cle II1 A, Section 100-30.3, (100-33), as disapproved, for permission to construct ac- cessory bnilding in frontyard a~a. Property Location: 90 Kimberly Lane and 135 North Bayview Road, Southold, Coun- ty Tax Map No. 1000, Section 70, Block 13, Lot 20.20. ".~ 7:35 p.m. Appl. No. 3901- THOMAS ESCHMANN. Variance to the Zoning Ordi- nance, Article Ill A, Section 100-30 A.4, (100-33), as disap- proved for permission to con- struct accessory building in the fmmyard area and accessory shower in sideyard area. Proper- ty Location: 495 Mesrubian Drive, Laurel, County Tax Map No. 1000, Section 145, Block 4, Lot 10. 7:40 p.m. Appl. No. 3905- ANTHONY J. MERCOREL- LA. Variance to the Zoning Or- dinance, Article XXIII, Section 100-239A B, as disapproved, for permission to construct deck ad- dition to dwelling, proposed construction will be less than 75 ft. from the bulkhead. Proper- ty Location: 2260 Great Peconic Bay Boulevard, Laurel, County Tax Map No. 1000, Section 145,~ Block 4, Lot 4. 7:45 p.m. Appl. No. 3904--- HARRIET SPILMAN. Vari- ance to the Zoning Ordinance, Article XXIII, Section 100-239.4 B, for permission to construct addition to existing dwelling. Proposed construction will be less than 75 ft. from the bulk- head. Property Location: 1730 West Creek Avenue, Cutchogue, County 'Pax Map No. 1000, Sec- tion 110, Block I Lot 7.3. 7:50 p.m. Appl. No. 3900-- GERHARD SCHREMMER. Variance to the Zoning Ordi- nance, Article XXIV, Section 100-244 B, for permission to construct a one family dwelling, proposed construction will have insufficient front and side yard M~tbacks, lot has insufficient width. Property Location 1380 Oak Drive, Southold, County ap No. 1000, Section 080, 02, LOt 001. 7:55 p.m. Appl. No. 3897-- PARKER J. WICKHAM. Vari- ance to the Zoning Ordinance, Article XIII, Section 100-132, for permission to construct a building for antique vehicles, proposed construction will have bulk, area and parking regula- tions and insufficient side yard setback. Property Location: 410 Airway Drive, Mattituck, Coun- ty Tax Map No. 1000, Section ~. 123, Block 01, Lot 02. 8:00 p.m. Appl. No. 3899-- AGNES AND CHERYL PAG- NOZZI. Variance to the Zoning Ordinance, Article XXIV, Sec- tion 100-244 B, for permission to construct an addition to ex- isting dwelling, proposed con- struction will have insufficient side yard. Property Location: 1450 Jockey Creek Drive,'. Southold, County Tax Map No. 1000, Section 70, Block 5, Lot 17. ' 8:05 p+m. Appl. No. 3898-- PECONIC BAY VINEYARDS. Special Exception to the Zoning Ordinance, Article VII, Section 100-71 B (6) for permission to use existing barn for winery pro- duction and storage. Property Location: 32180 Main Road, Cutchogue, County Tax Map No. 1000, Section 103, Block 01, LOt 19.2. 8:10 p.m. Appi. No. 3882-- BIDWELL WINERIES. Special Exception to the Zoning Ordi- nance, Article III, Section 100-30, for approval of con- sumer tasting and retail sales from the winery. Property Loca- tion: Route 48, Cutchogue, County Tax Map No. 1000, Sec- tion 96, Block 4, Lot 4.3. 8:15 p.m. Appl. No. 3908-- ROBERT OCHSENREITER, i AND EDWARD LENCESKE Variance for reversal of building permit to construct a one fami- ly dwelling. Property Location: 565 Bayer Road, Mattitock, County ~ Map No. 1000, Sec- tion 139, Block 3, LOt 14. 8:20 p.m. Appl. ROBERT AND ETHELLE SCHROEDER. Variance for re- versal of building inspector ~r change of use of land and exist- ing building without obtaining a Certificate of Occupancy. P~. petty Location: 4380 Main Rxmd, East Marion, County Map No. 1000~ Section 35, Block 5, Lot 4. 8:25 p.m. AppL No. 3770-- PORT OF EGYPT. Variance to the Zoning Ordinance, Article XII, Section 100-121C-122, Sec- tion 100-239d, as disapproved for permission to construct Boat Storage Building with insuffi- cient setbacks and excessive 1o~;a coverage in this Marine 11 (M- I1) Zoning District. Property Location: Main Road, Southold, County Tax Map No. 1000, Section 056, Block 04, 06, Lot 10.1, I1, 12.2, 3.2, 3.3, 4, 6.1. The Board of Appeals will at said time and place hear any and ail persons or representatives de- siring to be heard in each of the above matters. Written com- ments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before time allot- ted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated: January 22, 1990 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER ) % ~ CHAIRMAN By Doreen Ferwerda IX, 1/25/90 (7) COUNTY OF SUFFOLK STATE OF NEW YORK SS: Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ..................... /. .... weeks successively, commencing on the ......... .~...~..~'. ....... day of ............ 19 .?~.....(~.~_~..~~ Sworn to before me this ....... .~..~'..~. ........ day of 19 Notary Public B~.RB~Rg A. S~HNEIDEi~ ~ OT~ ~,~ I ,~:.. C, grate of itew York Sout old of Appeals Town Board FAX NO. (516) 765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your 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 times allotted in the attached Legal Notice. Please feel free to call our office prior to the hearing date if you have questions or wish to update your file. Yours very truly, GERARD P. GOEHRINGER CHAIPd~AN dff SoOthold Town Board of Appeals Regular Meeting of February 1, 1990 Copies to the following on or about January 24, 1990 Suffolk Times, Inc. L.I. Traveler Watchman Town Clerk Bulletin Board {Main Lobby) ZBA Office Bulletin Board (East Hall) ZBA B6~Pd Members (with c6pies of files) ZBA Individual Files Mr. H. Hunstein 302 Saville Rd., Mineola, NY 11501 Riverside Homes, as Agent for Thomas Eschmann 1159 W. Main St., P.O.Box 274, Riverhead, NY 11901 Mr. Anthony Mercorella 131 Duxbury Road, Purchase, NY 10577 Karen Hagen, Esq. for Harriet Spilman Wickham, Wickham, Bressler Main Road, P.O. Box 1424~j Mattituck, NY 11952 Salvatore DiSalvo as Agent for Gerhard Schremmer 47-39 162nd Street, Flushing, NY 11358 J. Parker Wickham 410 Airway Drive, Mattituck, NY 11952 Louise Beck Schnabel for Pagnozzi 1600 Jockey Creek Drive, Southold, NY 11971 Cheryl Pagnozzi 1450 Jockey Creek Drive, Southold, NY 11971 Mr. Ray Blum for Peconic Bay Vineyards Main Road, P.O. Box 709, Cutchogue, NY 11935 Mr. Kerry Bidwell for Bidwell Wineries Route 48, Cutchogue, NY 11935 Daniel Ross, Esq. for Ochsenreiter and Lenceski Wickham, Wickham & Bressler Main Road, P.O. Box 1424, Mattituck, NY 11952 Daniel Ross, Esq. for Robert & Ethelle Schroeder Wickham, Wickham & Bressler Main Road., P.O. Box 1424, Mattituck, NY 11952 Southold Town Board of Appeals Regular Meeting of February 1, 1990 Copies to the following on or about January 24, 1990 Mr. Theodore Traturis for Robert & Ethelle Schro6d~r 5804 7th Avenue, Brooklyn, NY 11220 Mr. Eraklis Apodiacas for Robert & Ethelle Schroeder 7122 Ridge Boulevard, Brooklyn, NY 11209 Mr. David Gilli:spie for Robert & Ethelle Schroeder 221 North Road, Greenport, NY 11944 Mr. Merlon Wiggin for Port of Egypt Peconic Associates, I Bootleg Alley, Greenport, NY 11944 JUDITH T. TERRY To: OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Southold Town Zoning Board of Appeals Town Hall, 53095 Main Road P.O. Box 1179 Southo[d, New York [ 1971 TELEPHONE (516) 765-1501 From: Judith T. Terry, Southold Town Clerk Dated: December 15, 1989 Transmitted herewith is Zoning Appeal NO. ~-~c~d© , application of Salvatore DiSalvo (Contract Vendee)~ Gerhard Schremmer; owner by R. Bruer for a variance. Also included is: Notification to Adjacent Property Owners; Short Environmental Assessment Form; letter relative to NYS Tidal Wetlands Land Use; Notice .of' Disapproval from the Building Department; survey of property; and any other attachments relative to this application. Judith T. Terry Southold Town Clerk Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 c=OUTHOLD, L.I., N.Y. 11cJ71 TELEPHONE (516) 765q809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. February S.E.Q.R.A. TYPE II ACTION DECLARATION 1, 1990' Appeal No. 3900 Project/Applicants: County Tax Map No. Location of Project: Gerard Schremmer 1000- 80-2-I 1380 Oak Drive, Southold Relief Requested/Jurisdiction Before This Board in this Project: One family dwelling insufficient front and side yard setbacks, insufficient width. This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board's area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617.2jj, this Department is excluded as an involved agency. This determination shall not, however, affect any other agency's interest as an involved agency under SEQRA 617.2jj. For further information, please contact the O~fice of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. tm o I.~PRQJE~LD. NUMBER 617.21 ~. Appenctix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSI~IENT FORM For UNLISTED ACTIONS Only PART I~PROJECT INFORMATION (To be completed by AD~licant or Project sponsor) I. APPLICANT I~PONSOR Rudolph H. Bruer ~ 2. PROJECT NAME 3. PROJECT I rive, DiSalvo Munlc/~all~ Southold, N.Y. Cou.w Suffolk 1380 Oak Drive Southold, N.Y. -see attached map- E. IS PROPOSED ACTION: r~New J--]Expansion [~Modificatlonlaileratlom 6. DESCRIBE PROJECT BRIEFLY: Application to construct one-family dwelling with insufficient front and sideyard setbacks and insufficient lot width. SEQR 7. AMOUNT OF LANDAFFE TED; [~ Yes [] NO If NO, descride briefly See ~'~6. above 9. WHAT i$ PRESENT LAND USE IN VICINITY OF PROJECT? Long-established neighborhood of nonconforming lots. 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL~ e:TATE OR LOCAL)? [~Yes [] NO If yes, list agency(s) Eno permit/approvals Southold Town Building Dept. - Building permit I !. DOES ANY ASPECT CF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Suffolk Co. Dept. of Health - variance approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUZRE MODIFICATION? I CERTIFY THAT THE INFORMATION PROVIDED AeOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Apdhcanllsponso~,''n~-~,ne: Rudolph H. Bruer, Attorney for D~Sa]yo Dale: 12/15/89 L ,~ ~,u~ ~ssessment Term Detore proceeding with this assessment 1 OVER 1 (Continued on reverse side) S__~OR? ~NVIRON~MENTAL ASSESSMENT (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 b~ undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. {d~ Environmental Assessment Will project result in a large ohysical chanqe to the project site or physically alter more than 10 acres of land? 2. Will there be a major change to any Unique or Unusual land form on the site2 3. WAll project alter or have a large effect on an existing body of water? 4. Will project have a potentially large, imuact on groundwater quality? 5. Will project significantly effect drainage flow 6. Will project affect any threatened or endangered plant Or animal species? 7. Will project result in a major adverse effect on air quality? 8. Will project have a major effect on visual char-~Yes acter of the community or scenic views or vis,as known to be important to the community? Yes ~ Mo 9. Will project adversely impact any site or Struct- ure of historic, pre-his=eric, or paleontoloqical, importance or any site designated as a critical 10. Will project have a major effect on e~istinq or future recreational Opportunities? il. Will project result in major traffic problems or 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 - - 14. ~{ill project affcct the existing community by - Yes character of the community or neighborhood? -. ceetro ersy concer.ing the Reoresenting. Salvatore DfSa~vo QU~-~O..NAIRE TO 3E CC3!PLETED A,,D SUB. IrT._D Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch), to scale, and sub,it other supporting documenta- tion. ; i. Are there any proposals to chang~ o~ alter land contours? 2.a)Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference.) b)Are there any areas open to a wate~ay without bulkhead? 3. Are there existing structures at or below ground level, such as patios, foundations, etc? 4. Are there any existing or proposed fences, concrete barriers, decks, etc? If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground Level? State total: ' ' ft. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total: .... ft. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Are there any building permits pending on this parcel (or abutting land under your ownership, if any)? State Permit ~ and Nature: Yes ~ Yes ~ Yes Yes N~ Yes ~ Yes N~ Yes ~ Yes ~ Yes ~ Do state whether or not applications are. pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning Board Town Board Town Trustees Village of Green~ort ~~/~'' Other 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or PurChasers and conditions of sale. (from cQnt~act) 11. Is new construction proposed in the area of contours at 5 feet or less as exists? 12. If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have · you made application to the Town Trustees for an 'inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? 1/88 YeS o Yes Yes Yes Yes ~ 13. Please list present use~or operations conducted upon ~ subject property at thi~ time ~~~_ and proposed ~- ~ z~x~, Please submit photograpn~£or ~fe recora. ~ I certify that the above statements are true and are being submitted reliance by the Board of Appeals ~¢~s~der~ng/~t~ application. ~roper~¥ Owner~ ~/~hbi~.~~' ,~g~u7 ~ ~J for WETLANDS [Amended H-26-71; I,¥ L.L. 85 hy L.L No. I;-19,~/51: No. 2-1!)TG: A. TIDAL W,~TI,ANDS: (1) Ail land~ ~cnernliF covm',d or intermittently ercd with. ur w t c} burd,.r on. tidal water,, or ]yin~ beneath tidal wnturs, which At mcan Iow tide . are covered by t d ti wnier~ to a max/mum depth five (5) feet. inch,lin~ but not limited to ban~s. bogs. salt marsh, swamlm, meadotv~, flats or outer low lyin~ iunds subject to tidal action: (2) All banks, bo~s. mead,ws, fiats and tidal subjcc~ ~ such tides and ul~on which grows or may grow some or any of the following: salt hay, black gra~s, saltwort, sca lavender, tail cord~rass, high bush. cattails, groundsel, marshmallow and Iow march cordgrass; and/or (3) All land immediately adjacent to u tidal wetland as defined in Sub~ection AIa} and JyinK w/thin seven. ty-five (75) feet Jam/ward of the must landward edge of such a tidal wetland. FRESHWATER WETLANDS: "~reshwa~r wetlands" us defined in Article 2.1, Ti- tle l, ~ 24-0107, Subdivisions l(a) ~ l(d) inclusive, oi the Env/ronmen~l Conservation ~w of the Sta~ of New York: and (2) Ail land immediately, adjacent to :t "freshwater wet- land." as defined in Subsection Iii1) ami ly/nR' with- In seventy-l~ve (75) feet landward of the most land- ward edge of a" f~ cshx~ ati. r wet and." 9705 TICOR TITLE GUARANTEE COI~ANY 185 Old Country Road Riverhead, New York 11901 VARIANCE SEARCH TITLE NO.: P1289-960 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) DAVID M. PETRIE, JR., being duly sworn deposes and says: THAT he is an Assistant Vice President of TICOR TITLE GUARANTEE COMPANY and has had a search made under his direction of the records and/or the files of the County Clerk and Registrar of Suffolk County for the purpose of an application for a variance affecting the following premises: DISTRICT: 1000 SECTION: 80 BLOCK: 2 LOT: I That such search includes a chain of title as to the premises and all of the adjoining lots since prior to 1/10/89 and such search shows and certify that the premises has been in single and separate ownership since prior to that date, except as may be shown by the attached chains of title. That this affidavit is made to assist the Board of Appeals of the Town of Southold , to reach any determingtion which requires a basis therefore the information set forth herein and knowing full well that said Board will rely upon the truth hereof. TICOR TITLE GUARANTEE COMPANY Sworn to befmre me this i ,/£~ da~,w~ 1990 q~; ~ s~°~ ........ SUBJECT PREMISES: SCTM: 1000-80-2-1 DESCRIPTION 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 5 in Block D, as shown on a certain map entitled, "Map of Reydon Shores", and filed in the Office of the Clerk of the County of Suffolk on July 1, 1931 as Map No. 631. CHAIN OF TITLE The North Fork Bank and Trust Company as Executor of the Last Will and Testament of Regina C. Toothaker to Gerhard Schremmer LAST OWNER OF RECORD. DEED: D~ted: %0~27/8~ ~ec~d: 11/4/82 Liber 9265 cp 190 (COVERS PREMISES AND MORE) VARIANCE EAST: SCTM: 1000-80-2-2 CHAIN OF TITLE John Hoffmann Lawrence Hoffmann Marilyn Hoffmann Seheiner as tenants in common to James B. Smith, Jr. DEED: Dated: 6/30/83 Rec'd: 12/5/83 Liber 9469 cp 577 LAST OWNER OF RECORD. VARIANCE SOUTH: SCTM: 1000-80-2-4 CHAIN OF TITLE Gerhard Schremmer- to Michael Comando Nanette True, his wife DEED: .D_a.~ed: 6/30/88 Rec'd: 7/14/88 Liber 10644 cp 596 LAST OWNERS OF RECORD. VARIANCE WEST: Oak Drive VARIANCE NORTH: West Shore Drive NOTHING FURTHER FOUND. SEARCH DATED: 12/18/89 TICOR TITLE GUAtLANTEE COMPANY David M. Petrie, Jr. ~ Assistant Vice President Sworn to b~fore me this /j~ da~ 1990. TOWN OF $OUTHOLD BUILDING DEPARTMENT Town Clerk's Qffice Certificat Of Occupancy No. Z12773 ~i.... "i Date ................. S.e.p.t:... 13 ., ]9 84 THIS CERTIFIES that thc l~t" Vacant Location of}~on~rtv 1380 Oak Dr. Sou..tho~l.d. County Tax Map No. 1000 Section .07.0....~ ..... Block 02 .Lot 001 Reydon Shores .631 ~ .(P~.r.e. 1 B) Subdivision ............................... Fi{cd Map No ........ Lot No. . c · conf6rms substantially to the.applicable pr6v. l~lons of ~he Zoning:.'.. Code of the Town of' Southoid. The premises are located in. 'the ....... A- Resi~ential~Aaricultural .' "' District and may be used.. for such uses as are pz~eselntl~ authorized by the Zoning Code in such. district subject iq, howeve, r, all. of the. requirements of the Zoning.. Code. ' · .~' :~ ~ -' .~:~,~:.~.,~: Thc ccrfificate Js issued to SCHREMMER, GERHARD ............'"'"''" ....... n 4,%36b 2v" ..................... of thc aforesaid -i~... Bug(ling Inspector FORM NO. 4 · .:. '~ TOWN OF $OUTHOLD lBUILDING DEPARTMENT Town Clerk's qffic¢ . · $outhold, N~Y. Certificate O[ Occupancy No z12773 .................. ~ "~ Date ................. S.e.p.t.. ......1.3 .... ]9 .8.4. THiS CERlqFIES that the lit ~' Vacant Location of Property ' Oak Dr. · Sou t~ou.,~ No. . Su'eet I'tarn/et County Tax ,Map No. 1000 Section .0.8.0....! ..... Block 02 . .Lot 'Reydon Shores Subdi~isio. ........... Lot No. 5 (Parcel lB) .................. . ;.;~:.;..,.~,....FilcdMapNo.. · 631 ............. · conf6rms substantially to the:applicable' prbv. isions of t. he Zoning:.'. Code of the Town of' Southold. The premises are located in. 'the ....... A- Resi~ential~AaricUltural .... District and may be used.. for such uses as are Preselntl~ authorized by the Zoning Code in such. district subject tq, how..e.v.e,r, a_ll of the. requirements of the Zoning. Code " ~L, ' ' Thc certificate is issued to .... of thc aforesaid .16t... SCHREMMER,GERHARD Budding Inspector Pt'RSONAI. PROPER] Y: NYBTU F rna 1~041 (Rev 11/78) -- CONTRACT OF SALE -- 10/g6 WARNING: NO REPRESENTATION IS MADE TItAT Tills FORM OF CONTRACT FOR TIlE SALE AND PURCIIASE OF REAL ESTATE COMPLIES WITII SECTION 5-702 OF TIlE GENERAL OBLIGATIONS LAW ("PLAIN ENGLISII"). CONSULT YOUR LAWYER BEFORE SIGNING IT. NOTE: FIRE AND CASUALTY LOSSES: This contracl form does nol provide for what happens in the event of fire or casualty loss before the title closing. Unless different provision is made in this contract, Section 5-131 I of the General Obligations Law will apply. One part of that law makes a purchaser responsible for fire and casualty loss upon taking of title to or possession of the premises. CONTRACTOFSALEmadeasofthe ,'~O~---~ dayof June ,19 88 BETWEEN GERHARD SCHRE~ER, residin~ at Address: 60 01d Pine Drive, Manhasset, New York 11030 hereinafter called "SELLER",~,/. who agree~ and SALVATORE DiSALV0~/residing at Address: 47-39 162nd Street, Flushing, New York 11358 hereinafter called "PURCIIASER" who agrees to buy the property, including all buildings and improvements thereon (tile "PREMISES"), more fully described on a separate page marked "Schedule A," and also known as: Street Address: Oak Drive, Southold, New York 1000-80-2-1 Tax Map Designation: Lot ~5 in Block D as shown on map entitl( "Map of Reydon Shores" filed on 7/1/3I as Map No. 631 Together with SELLER's interest, if any, in streets and unpaid awards as set forth in Paragraph 9. The sale also includes all fixtures and articles of personal property attached to or used in connection with the PREMISES unless specifically excluded below. SELLER states that they are paid for and owned by SELLER free and clear of any lien other than the EXISTING MORTGAGE(S). They include but are not limited to plumbing, heating, lighting and cooking fixtures, bathroom and kitchen cabinets, mantels, door mirrors, venetian blinds, shades, screens, awnings, storm windows, window boxes, storm doors, mail boxes, weather vanes, flagpoles, pumps, shrubbery, fencing, outdoor statuary, tool sheds. dishwashers, washing machines, clothes dryers, garbage disposal units, ranges, refrigerators, freezers, air conditioning equip- ment and installations, and wall to wall carpeting. THIS IS VACANT LAND Excluded from this sale ~re: Furniture and household furnishings, I. la) The purchase price is Payable as follows: $ 85,000.00 On the signing of this contract, by check subject to collection: tO be held in $ 2,000.00 escrow by seller's attorney until closing of title By allowance for the principal amount still unpaid on EXISTING MORTGAGE(S): $ By a Purchase Money Note and Mortgage from PURCtlASER (or assigns) to SELLER: $ BALANCE AT CLOSING: $ 83,000.00 (b) If this sale is subject to an EXISTING MORTGAGE, the Purchase Money Note and Mortgage will also provide that il will remain subject to the prior lien of any EXISTING MORTGA(;E even though the EXISTING MORTGAGE is extended or modified in good faith. The Purchase Money Note and Mortgage shall be drawn on the standard form of New York Board of Title Underwriters by the attorney for SELLER. PURCIIASER shall pay the mortgage recording tax, recording fees and tbe attorney's fee in the amount of $ for its preparation. lc) If any required 'payments are made on an EXISTING MORTGAGE between now and CLOSING which reduce tile unpaid principal alnonnt of an EXISTING MORTC;AGE below the amount shown in paragraph 2, then the balance of the price payable al CLOSING will be adjusted. SELLER .agrees that 1he amount sliown in Paragraph 2 is reasonably correct and that only paymenls required by the EXISTING MORTGAGE Will be made. Id) If Iht ~e is a mortgage escrow account thai is maintained for 1he purpese of paying taxes or insurance, etc. SELLER shall assign it to PURCHASER, if it can be assigned. In that evenl PURCIIASFR shall pay the amount in Ihe escrow accotml lo SELLER at CLOSING. ACCEPI ABLE EUNDS: "SUBJ E(q' TO" PROVISIONS: TITLE COMPANY APPROVAl.: AND FORM OI DEED; CLOSINt; DA'F t.i AND PLACE: BROKER: STREI-TS AND ASSIGN- MENT OF UNPAID AWARDS: MORTG AG E E'S CERTIFI('ATE I. ET [ER AS FO EXISTING MOR FGAf;I£(S): COMPLIANCE WITt{ STATE AND MUNICIPAL DEPARTMENT VIOLATIONS AND ORDERS: OMIT IF TIlE PROPERTY ~S NOT IN ~ tie CITY 'JSTALLMENT C, SESSMENT: 2. The PREMISES will be conveyed subject to the continuing lien of "EXISTING MORTGAGE(S)" as follows: Mortgage now in the unpaid principal amount of $ and interest at the rate of per cent per year presently payable in installments of $ , which include principal, int.:rest, and with any balance of principal being due and payable on SELLER hereby states thai no EXISTING MORTGAGE contains any provision that permits the holder of the mortgage tc require its immediate payment in full or to change any other term thereof by reason of the fact of CLOSING. 3. All money payable under this contract, unless otherwise specified, shall be either: a. Cash, but not over one t'housand ($1,000.00) Dollars. b. Good certified check of PURCHASE. R, or official check of any bank, savings bank, trust company, or savings and loan association having a banking office in the State of New York, payable to the order of SELLER, or to the order PURCtfASER and duly endorsed by PURCHASER (if an individual) to the order of SELLER in the presence of SELLER SELLER'S attorney. c. Money other than, the purchase price, payable to SELLER at CLOSING, may be by check of PURCIIASER up to the amount of Fxve Hundred .................... ($500 , O0 ) dollars, or d. As otherwise agreed to in writing by SELLER or SELLER'S attorney. 4. The PREMISES are to be transferred subject to: a. Laws and governmental regulations that affect the use and maintenance of the PREMISES, provided that they are not violated by the buildings and improvements erected on the PREMISES. b. Consents for the erection of any structures on, under or above any streets on which the PREMISES abut. c. Encroachments of stoops, areas, cellar steps, trim and cornices, if any, upon any street or highway. 5. SELLER shall give and PURCHASER shall accept such title as any reputable title company d~ein(~ business in Suffolk County , a member of The w York Board of Title Underwriters will be willing to approve and insure in accordance with their standard form of title policy, subject onty to the matters provided for in tbis contract. 6. "CLOSING" means the settlement of the obligations of SELLER and PURClIASER to each other under this contract. including the payment of the purchase price to SELLER, and the delivery toPURCIIASERofa Bargain arid Sal W(e Cove ants deed in proper statuary form for recording so as to transfer full ownership (fee s~m~e tR ) to the ~II~EMISES, free of all encumbrances except as herein stated. The deed will contain a convenant by the SELLER as requi;ed by Section 13 of the Lien Law. If SELLER is a corporation, it will deliver to PURCHASER at the time of CLOSING la) a resolution of its Board of Directors authorizing the sale and delivery of the deed, and lb) a certificate by the Secretary or Assistant Secretary of the corporation certifying such resolution and setting forth facts showing that the transfer is in conformity with the require- ments of Section 909 of the Business Corporation Law. The deed in such case shall contain a recital sufficient to estabhsh compliance with that section. 7. CLOSlNG will take place at the office of seller's attorney or lending institution at 10:00 a.m. o'clockon or about 2~gdays from date of commitment. 8. PURCHASER hereby states that PURCHASER has not dealt with any broker in connection with this sale other than and SELLER agrees to pay the broker the commission earned thereby (pursuant to separate agreement). 9. This sale includes all of SELLER'S ownership and rights, if any, in any land lying in the bed of any street or highway. opened or proposed, in front of or adjoining the PREMISES to the center line thereof. It also includes any right of SELLER to any unpaid award by reason of any taking by condemnation and/or for any damage to the PREMISES by reason of change of grade of any street or highway. SELLER will deliver at no additional cost to PURCIIASER, at CLOSING, or thereafter, on demand, any documents which PURCIIASER may require to collect the award and damages. 10. SELLER agrees to deliver to PURCHASER at CLOSING a certificate dated not more than thirty (30) days before the CLOSING signed by the holder of each EXISTING MORTGAGE, in form for recording, certifying the amount of the unpaid principal and interest, date of maturity, and rate of interest. SELLER shall pay the fees for recording such certificate. If the holder of a mortgage is a bank or other institution as defined in Section 274-a, Real Property Law, it may, instead of the certificate, furnish an unqualified letter dated not more than thirty (30) days before CLOSING containing the same information. SELLER hereby states that any EXISTING MORT- GAGE will not be in default at the time of CLOSING. 11. a. SELLER will comply with all notes or notices of violations of law or municipal ordinances, orders or requirements noted in or issued by any governmental department having authority as to lands, housing, buildings, fire, health and labor conditions affecting the PREMISES at the date hereof. The PREMISES shall be transferred free of them at CLOSING and this provision shall survive CLOSING. SELLER shall furnish PURCIIASER with any authorizations necessary to make the searches that could disclose these matters. b. All obligations affecting the PREMISES, incurred pursuant to the Administrative Code of the City of New York prior to closing and payable in money shall be discharged by SELLER at CLOSING. This provision shall survive CLOSING. 12. If at the time of CLOSING the PREMISES are affected by an assessment which is or may become payable in annual installments, and the first installment is then a lien, or has been paid, then for the purposes of this contract ali the unpaid installments shall be considered due and are to be paid by SELLER at CLOSING. RIDER ATTACHED TO AND FORMING PART OF CONTRACT OF SALE BETWEEN GERHARD SCHREMMER AS SELLER AND SALVATORE DiSALVO AS PURCHASER. IT IS EXPRESSLY UNDERSTOOD that the sellers have not made and do not make any representations as to the physical condition, operation or any other matter relating to the aforesaid premises, and it is not bound by any statements, representations or information that may have been made to the purchasers by anyone, pertaining to the premises herein unless specifically set forth herein. The purchasers hereby acknowledge that no such representations have been made and they have personally made a thorough inspection of the premises, are familiar personally with the condition of same and agree to accept same in their present condition. THIS CONTRACT IS SUBJECT TO and conditioned upon the purchaser obtaining a commitment from a lending institution for a first mortgage loan ia the principal amount of $56,000.00 with interest at the prevailing authorized rate at the date of title closing, and a term of 10 years within 45 days of the date of approval of Building Permit. Upon obtaining said commitment, purchaser's attorney shall immediately inform seller's attorney that the commitment has been obtained. If purchasher shall be unable, after diligent efforts, to obtain said commitment within said period, then either party, by written notice, postmarked no later than 7 days subsequent to the expiration of said 45 day period, may cancel the contract and all monies deposited hereunder shall be returned to the purchaser within 5 days of such notice of cancellation. PURCHASERS AGREE to deliver to the attorney for the sellers herein a list of any objections or violations which may appear on any proper examination of this title, and if any objections or violations appear on said title examination and cannot be cleared by the sellers by the time set fo the closing of title, then the sellers, at their option, shall be entitled to a reasonable adjournment of the closing for the purpose of removing said objections and violations. Nothing herein shall be deemed to require the sellers to take any legal action or proceeding to cure any defects in title. SUBJECT TO any state of facts an accurate survey may show, provided same does not render title unmarketable; covenants, utility easements, restrictions, rights of way and agreements of record, if any, provided same do not violate existing structures of the use therof. IT IS HEREY MUTUALLY AGREED AND UNDERSTOOD that seller represents that the subject premises is a lot upon which a single family residence can be built and that this contract is SUBJECT TO AND CONDITIONED UPON the purchaser, at purchaser's sole cost and expense, to obtain all of the necessary governmental approvals to construct such a private single family residence withinl~O days from the date of this contract. For the purposes of this clause the date of the contract shall be deemed the date that the attorney for the purchaser has received a fully executed copy of the contract. Seller further agrees to fully cooperate with the purchaser's efforts to obtain such governmental approvals, including but not limited to the issuance and execution of letters of authority for the purchaser or purchaser's agent to make such applications for said approvals and expressly consents to the purchaser or purchaser's agent to place a test well and to dig a test hole on the subject premises. Purchaser hereby represents that purchaser will make diligent efforts and applications for such necessary governmental approvals. In the event that said necessary governmental approvals are not o'tained within said/~ days period purchaser shall have the right to cancel this contract by written notice sent to the attorney for the seller and all monies deposited hereunder shall be returned to the purchaser. In the event that such notice of cancellation is given to the seller, seller shall have the right to extend the period to obtain the necessary governmental applovals for a period of 30 days by written notification to the attorney for the purchaser and the purchaser upon receipt of said extension shall continue to use diligent efforts to obtain such governmental approvals~ ALL OTHER PROVISIONS OF THIS CONTRACT NOWITHSTANDING; in the event that the purchaser shall be unable to obtain such necessary governmental approvals, the purchaser shall have the right to purchaser the subject premises as though this contract were not subject to obtaining said approvals, and in the event that the purchaser shall elect to so purchase the subject premises, the closing shall take place within~_O "~ GERHARD--'SCHREMMER days from the date of this contract. / SALV~ORE *At the end of the extension, either party, in writing to each other, may cancel this contract, and upon sellers attorney's receipt of said notification he shall forthwith return the contract payment and neither party shall have any rights one against the other. AT'ON: WATER METER READINGS: ALLOWANCE FOR UNPAID TAXES, ETC.: USE OF PURCtlASE PRICE TO PAY ENCUM- BRANCES: A S TO I UDG M EN'IS BANKRUPT- CIES: I)EED I RANSFER RECORDING IAXES; PURCtlASER'S SELLER'S INABILITY ('ONVEY ENTIRE AGREEMENT: WRITING: ALSO MEANS PLURAL: 1'3. The following are tol~e a~ioned as of midnight of the day before the d CLOSIN (a) Rents as and when co ectedT/(b) Interest on EXISTING MORTGAGE(S). (c)Premiums on existing transferrable insurance policies and renewals of those expiring prior to CLOSING. (d) Taxes, water charges and sewer rents, on the basis of the ~ih%~l~period for which assessed, (e) Fuel, if any. (0 Vault charges, if any. 1 'i eiclt CLOSING shall occur before a new tax rate is fixed, the apportionment o~ taxes shall be upon the basis of the old tax rate for the preceeding period applied to the latest assessed valuation. Any errors or omissions in computing apportionments at CLOSING shall be corrected. This provision shall survive CLOSING. 14. If there be a water meter on thc PREMISES, SELLER shall furnish a reading to a date not more than thirty (30) days before CLOSING date and the unfixed meter charge and sewer rent, if any, shall be apportioned on the basis of such last reading 15. SELLER has the option to credit PURCIIASER as an adjustment of the purchase price with the amount of any unpaid taxes, assessments, water charges and sewer rents, together with any interest and penalties thereon to a date not less than five (5) business days after CLOSING, provided that official bills therefor computed to s~id date are produced at CLOSING. 16. If there is anything else affecting the sale which SELLER is obligated to pay and discharge at CLOSING, SELLER may use any portion of the balance of the purchase price to discharge it. As an alternative SELLER may deposit money with the title insurance company employed by PURCMASER and required by it to assure its discharge, but only if the title insurance company will insure PURCIIASER'S title clear of the matter or insure against its enforcement out of the PREMISES. Upon request, made within a reasonable time before CLOSING, the PURCtIASER agrees to provide separate certified checks as requested to assist in clearing up these matters. 17. If a title examination discloses judgments, benkruptcies or other returns against persons having names the same as o: similar to that of SELLER, SELLER shall dehver a satisfactory detailed affidavit at CLOSING showing that they are not against SELLER. 18. At CLOSING, SELLER shall deliver a certified check payable to the order of the appropriate State, City or County officer in the amount of any applicable transfer and/or recording tax payable by reason of the delivery or recording of the deed, together with any required tax return. PURCIIASER agrees to duly complete the tax return and to cause the check(s) and the tax return to be delivered to the appropriate officer promptly after CLOSING. 19. All money paid on account of this contract, and the reasonable expenses of exa~nination of the title to the PREMISES and of any survey and survey inspection charges are hereby made liens on Ihe PREMISES and collectable out of the PREMISES. Such liens shall not continue after default in performance of the contract by PURCIIASER. 20. If SELLER is unable to transfer title to PURCIIASER in accordance with this contract, SELLER'S sole liability shall be to refund all money paid on account of this contract, plus all charges made for: (i) examining the title, (ii) any appro- priate additional searches made in accordance with this contract, and (iii) survey and survey inspection charges. Upon such refund and payment this contract shall be considered cancelled, and neither SELLER nor PURCHASER shall have any further rights against the other. 21. PURCIIASER has inspected the buildings on the PREMISES and the personal property included in this sale and is thoroughly acquainted with their condilion. PURCIIASER agrees to purchase them "as is" and in their present condition subject to reasonable use, wear, tear, and natural deterioration between now and CLOSING. PURCHASER shall have the right, after reasonable notice to SELLER, to inspect them before CLOSING. 22. All prior understandings and agreements between SELLER and PURCttASER are merged in this contract. It com- pletely expresses their full agreement. It has been entered into after full investigation, neither party relying upon any statements made by anyone else that is not set forth in this contract. 23. This contract may not be changed or cancelled except in writing: The contract shall also apply to and bind the distributees, heirs, executors, administrators, successors and assigns of the respective parties. Each of the parties hereby authorize their attorneys to agree in writing to any changes in dates and time periods provided for in this contract. 24. Any singular word or term herein shah also be read as in the plural whenever the sense of this contract may require it. 25. It is understood that neither party shall be bound until the cont~ has been fully signed by all parties. 26. If the purchaser fails to complete the purchase of the premises, without the fault of the seller, the contract payment deposited by the purchaser shall be paid over to the seller as liquidated damages and party shall have any further rights, one against the other. 27. The down payment will be held in an interest-bearing account with interest payable to the party entitled to the down payment. In Presence Of: GERHARD SCHREMMER OVER DEPARTMENT OF HEAETH SERVICES November 3, 1989 Rudolph H. Bmer, Esq. Edson and Bmer P.O. Box 1466 Southold, N. Y. 11971 COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE DAVID HARRIS, M.D.. M.P.H. COMMISSIONER Subject: Board of Review Hearing - October 19, 1989, 88S0-120, Property S/E/C West Shore and Oak Drives, Bayview, Town of Southold (SCTM 1000-80-2-1) Dear Mr. Bmer: At the hearing on October 19, 1989, you had an opportunity to present your appeal of the depattment's ruling on the subject application. In accordance with the provisions of Article 2, Section 220, of the Suffolk County Sanitary Code, the determination of the Board of Review is as follows, based on the following information: Statera~nt of Problem TI~ installation of an on site sanitaxy system is not permitted when it will be less than 150 ft. (115 ft. 105 ft. and I00 ft.) from existing and proposed shallow wells and the proposed shallow well will be less than 150 ft. to existing and proposed sanitary systems. Finclinls and Facts 1. Proposed development of a 10,500 sq. ft. parcel. 2. Site is in Groundwater Management Zone IV. 3. Public water is not available. 4. Depth to groundwater is about 12.6 ft. ( Rudolph H. Bmer, Esq. November 3, 1989 Page Two Subject: 88S0-120, Propen'y S/F./C West Shore and Oak Drives, Bayview, Town of Southold (SCI3Vl 1000-80-2-1) 5. Soils are marginal, 18 ft. to sand, which is 6 ft. below groundwater. 6. Proposed sardtaty system will impact on five neighbors' wells. 7. Well data: To Water -- 17 ft. Into Water -- 30 fl. Total Depth -- 50 ft. Nitrates - Less than 0.2 mg/1 Chlorides - 34 mg/1 8. Applicant did make offers to affected neighbors to relocate their wells at his expense. 9. ?arcel is part of an old filed map filed in 1931. 10. Applicant will remove poor soils at time of installation of sanitary system. 11. Hon~ is to be a sununer home. 12. Area was developed as a summer community, but now about half of the homes are year round. 13. Applicant is willing to let offer to relocate wells stand until he gets the certificate of occupancy for his new house. 14. Distances from the proposed sanitary system to impacted wells are 100 ft, 100 ft., 100 ft., 120 ft. and 127 ft. Rudolph H. Bmer, Esq. November 3, 1989 Page Three Subject: 88S0-120, Property S/E/C West Shore and Oak Drives, Bayview, Town of Southold (SCTM 1000-80-2-1) Determination The Board granted the request for a variance to allow this parcel to be built upon with a shallow well located as shown on the survey, said well being less than 150 ft. from both existing and proposed sanitary system and with a sanitary system as shown on the survey, provided the offer to relocate the neighbors' wells is left open until the certificate of occupancy is obtained for the new house. The granting of this waiver does not imply that your application will be automatically approved. It is your responsibility to ensure that your application is complete; otherwise, your approval will be subject to unnecessary delay. Very truly yours, Robert A. Villa, P.E. Chairman, Board of Review RAV:lr ¢¢: Mr. He~oert W. DavidS, P.E.-35 Lakeview Dr., Riverhead 11901 Mr. Michael Comando & Ms. Nanette Tree Mr. Alex: Acksten Ms. Anne Moccia Ms. Margaret M. Wenk & Ms. Susan Capozzoli Mr. James B. Smith, .Ir., 495 West Shore Dr., Southold 11971 -® #~ 40 -'.-_ti__ I / I (O) ,,,, LANE DR. Ill FORM NO. 4 TOWN OF $OUTHOLD BUILDING DEPARTMENT Town Clerk's (~ffic¢ : · S0uthold, N2Y. Certificate O[ Occupancy N,, z12773 ' ' 13 .8.4 ....................,= ' Date ................ .S..ep.t.-..........,19 . THIS CERTIFIF_~ that the,~q'~ ~99 .a.n.t. ....................................... Loc~tion of Propcrty ....1.3.8.0. .....~ Oak Dr. · .S.o.u..t.h.o.l.d. . _ . House No. , Street Hamlet County Tax Map No. 1000 S~ctlon .0.8.0....~ ..... Block 02 001 ...... 'Roydon Shores .6.3.1 5, .(.P.a.r.c.e..1 .B.) ~u~ams~on .......... Filed Map No ......................... Lot No. . . · conf6rms substantially to .the.aPp'licabl0 Pr'ov. tstons of '~he Zoning2 .'. Code of the gown of 8outhoid. ~ne premise- are located tn. '1:he A- Residential~AoricUltura~ ~ .... District and may be used.. for such uses as are preselntl~ authorized by the Zoning Code in such. district sub,~ect tq, ho.w~r, a~.l. of the- requirements of the Zoning. ____Code. ' ' ~' ~' ~ .."~?,'~,,,~,,,~, ~ ,~ ' ' The certificate is issued to ..... S. CHREMMER, GERHARD of the aforesaid .i6'{;... Bu~dlng InspectOr 80. -1 -29 80. -.1-30 80.-1-31 80.'1-32 80. -1 -53 80. -1 -35 80. -1-37 ' -- 80o-1-38 80.-1 -39 80. -1 -43 ---80.-1-44 80:-1 ....... CQP FORESTIERI PAUL J & WF 600 5,500 600 5,500 210 1 10 C RI IRIZARR! ERASMo & WF 600 3'900 ...... 600 * - 3,900 210 1 C SB BJM REALTY 10 .................. 1,000 1,000 1,000 1,000 311 1 10 C ME MC~R~-ED~RD ~ & WF .......... 800 800 800 .... 800 311 i ' 10 C MX MILLS WILLIAM H & WF 700 7,600 ...... 700 7,600 210 1 10 ............... ~ N~'GR~H~'M'~i'£LIAM J & WF 700 ---- ~400 ......... 700-~ ~0 ~ 210 1 i0 C OJ MILLER HENRY C & WF 1,000 6,000 1,000 6,000 210 1 10 · ' C PC BECK'CHARLES J 1'600 " 1'600 '- 1;~0~ -~ 1,600 3111 10 ~._ C PV ~RADY THOMAS P ~ ANO 700 3,200 ?00 ~,200 210 1 ........... C QO JOHNsTONE-PETER K $ WF 1,100 6;100 -' ~ 1~100 6'100 210 1 C RH FLEENOR GEORGE W 500 4,600 500 4,600 210 1 ........... C SA BECHTOLD CHARLEs A&W .... SOO ..... 3;900 ....... 500" C ST MACALUSO ANTHONY & WF 500 3,100 500 C MW SCHAFFLER FREDERICK & 600 ' 5,400 .... 600 ' ......... C NP FRANKE ALBERT & WF 600 3,300 600 C O! ~STEN ALEC ........ ?00 ' '3~800 ' ' ?00 .............. C PB MOCCIA ANNE & ANO 800 4,300 800 C PO WENK LINDA ANN ~ ......... ~00 3,700 900 C GN WENCZEL PETER M & LIND 900 5.~00 900 ...... C RG SCHISSEL ROBERT & WF 1,200 ' ~?OO i,200 3,900 210 1 3,100 210 1 5,400 210 I 3,500 210 1 3;~00 210 1 4,300 210 1 3'700 210 1 5,200 210 1 10 10 10 10 10 10 10 10 10 10 10 8,200 ~10 t 10 80.-1-&7 C RZ KOLYER ROBERT J 1,600 4,500 1,600 4,500 210 I 10 --80.-1'48 .............. ~'SS*TRA[NOR DORETTA &"JOSE 1'600 ' -- 3;700 ..... 1,600- ~,700 210 1 10 80.-1-&9 KRUEGER MARJORIE H -- 80.-'-1 ........ ~"~ ~ SCHREMMER 1,600 5,600 1,600 5,600 2101 10 - GE RH ARm-.~ -" 500 500 500 500 311 1 10 80.-2-2 ~-,C ME SMITH JAMES B JR - 400 3,200 400 3,200 210 I 10 ~'=80.-~-3 C MX PORTERFIELD ELIZABETH - 400 4~400 400 4,400 210 1 10 _ 80.-2-4 ~ NQ COMANDO MICHAEL & ~ 700 4,900 ?00 4,gO0 ~I0 I 10 80.-2-5 ............. ~ O~ BE~'~ 'CHARLES ~ ........... 700 ..... 3~?00 700' 3,?00 210 1 10 80.-2-6 C PC JOHNSON JOSEPH A & JAN 500 2,800 500 2,~00 210 I 10 --'80.-2-7 ............ C 'P~'MILLER'MERRITT W & WF .... 500 ~;800 ' 500 2,800 210 1 10 80.-2-8 C QO REVERE HERMAN 700 4,000 ?00 4,000 210 1 10 - 80.-2-9 .... C RH MCCOPPEN JOHN & LINDA ?00 - 3,300 700 3,300 260 I 10 80.-2-10 C LK KLAUM KATHERINE LORETT 600 4,400 600 4,400 210 I 10 --80.-2'11 ........ C-M~ CHIELLOTT FREDERICK G .... ~00 .... 3,~00 .... 600' 3,400 210 1 10 80.-2-1~ C MW PRESBY LAWRENCE H & AN 1,000 6,800 1,000 6,800 210 I 10 --80.-~-13 ............ C'NP MIL[ER~'GEORGE JR & WF ' 700 '3;200 ?00- ' 3,200 210 1 10 80.-2-1~ COI WHIPPLE DAVID L 1,600 6,000 1,600 6,000 210 1 10 ~80.-2-15.1 -C PX LEONARDI MARY 600 600 600 600 311 I 10 80o-2-15.2 C QT MEEHAN WILMA 900 3,100 900 3,100 260 1 10 -~80,-2'16 .......... ~C-P~"FAY EDGAR H ......... ~,000 .... 5~100 1,000 ..... 5~100 210 1 10 80.-~-17 C QN BUHLER FREDERICK W & 0 1,000 3,000 1,000 3,000 210 1 10 -'80,-2-18 .......... C RG BUHLER FREDERICK W & 0 ~00 - 400 400 400 311 1 10 80.-2-19 C RZ RAMP WILLIAM J & WF 500 4,600 500 4,600 210 1 10 -80,-2-20 C MC DIBLASI VINCENT A & WF ...... 500 '3,000 500 .... 3,000 210 1 10 .==~..~...~ PAGE ...... TOTALS-: .... 51 PARCELS (ACTIVE) ................ 183,600 1988 TOTAL 187,200 1989 TOTAL " LOT COVERAGE. IIX ~_ (D~ LOT .5 TIC~ TIT&~ GUARANTEE COMPANY ~ ~ ~ SOUTH~D SA V~S BANK REY~ ~ES ' SAL vA TORE J. DISAL VO BA YVIEW 88 - 479 HO, R / / I I BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of SALVATORE DiSALVO to the Board of Appeals of the Town of Southold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Tha~ intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a(.(.~riance_~Special Exception) (Special Permit) (Other) [circle choice] ). 2. That the property which is the subiect of the Petition is located adiacent to your property and is des- cribedasfollows: 1380 Oak Drive, Southold, N.Y. 3. That the property which is the subject of such Petition is located in the following zoning district: District A-40 4 ~hat b~ such Petition, the undersigned willrequestthefollowingrelief:_permission to construct one-family dwellinm on this prooertv with insufficient front and sfdeygrd setbacks and insufficient lot width. 5. That the provisions of the $outhold Town Zoning Code applicable to the relief sought by the under- igned are Article XXIV Sect/on 100-244B [ ] Section 280-A, New York Iown taw for appr0va] of access over rJght(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma)/then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island 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: 12/15/89 Rudoloh H. Bruer. Atty. for Petitioner Petitioner Owners ' Names: Gerhard Schremmer Past Office Address Main Road~ P.O. Box 1466 Southold, N.Y. 11971 Tel. No. ( 516 ) 765-1222 [Copy of sketch or plan showing proposal to be attached TOP convenience purposes,] NAMe: PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Mr. Michael Comando Ms. Nanette True Mr. James B. Smith, Jr. Mr. James B. Smith, Jr. 10950 Sound Avenue Mattituck, N.Y. 11952 92 Hearst Avenue Yonkers, N.Y. 11731 495 West Shore Drive Southold, N.Y. 11971 STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: Form 3800 June 1985 Mary Diana Foster , residing at 1030 McCann La. a Greenoort, NY , being duly sworn, deposes and says that on the 15th day of December ,19 89 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- rice at Southold, NY (certified) (m~;is~em~ mail. Sworn to before me this 15th day of December , 19 89 Notary Public ; that said Notices were mailed to each of said persons by ±aha ~oster ~ ELIZABETH A. FINNE NOTARY PUBLIC, $eete of Ne~ York No, 4653~6 . Suffo~c Coul~ty Term Expires Nov, 30, 19 (This side does not have to be completed on form transmitted to adjoining property owners.)