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HomeMy WebLinkAbout40437 ~ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTt L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS Appl. No. 4043. Application of JOHN H. AND GAYLE BIRKMIER. Special Exception to the Zoning Ordinance, Article III, Section 100-30B(16) for permission to establish "Bed and Breakfast Use," an owner-occupied building, other than a hotel, where lodging and breakfast is provided for not more than six casual, transient roomers, and renting of not more than three rooms on the second-floor of the existing dwelling structure. Location of Property: 48850 Main Road, Southold, NY; County Tax Map No. 1000-70-07-10. WHEREAS, a public hearing was held on August 15, 1991; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WJEREAS, 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. By this application, a Special Exception is requested for a "Bed and Breakfast" establishment, accessory to their residence and occupancy, for the rental of three bedrooms for lodging and serving of breakfast to not more than five casual and transient roomers, which will be incidental and subordinate to the principal single-family dwelling use of the existing dwelling as provided for by Article III, Section 100-30B(16) of the Zoning Code. 2. The premises in question is located along the south side of the Main Road in the Hamlet and Town of Southold, and is P§ge 2 .i SouYhold Town Board of Appeals Special Meeting of September 12, 1991 identified on the Suffolk County Tax Maps as District 1000, Section 70, Block 7, Lot 10. 3. The subject premises is improved with a principal dwelling structure, and separate accessory 24' x 36' frame garage/storage building located in the rear yard area. The dwelling structure is shown to be set back 35 feet from the front property line along the Main Road and 18 feet from the westerly property line. The turnaround area for exiting of vehicles is to be located the east and northeast of the existing dwelling. Six (6) parking spaces having a size of 9' x 19' are located to the north of the driveway (near the barn) and along side of the house. (See sketch made a part of the file by the applicants.) 4. This property is presently located in the "R-80" Residential and Agricultural Zoning District, has an area of approximately one-half acre. The only principal use of the premises is for single-family dwelling use, which will not change by the grant of this Special Exception for an accessory "Bed and Breakfast Use." 5. Certificates of Occupancy submitted for the record are: No. 13912Z dated May 6, 1985 for the accessory barn/storage building, and Pre C/O No. Z14064 issued December 6, 1985 for a private one-family dwelling (and accessory barn under reconstruction per No. 13912Z). In considering this application, the Board also finds and determines: (1) the proposed accessory use will not prevent the orderly and reasonable use of legally established uses of adjacent properties or of properties in adjacent use districts; (2) this accessory use will not adversely affect the safety, health, welfare, comfort, convenience, or order of the Town; (3) the use is compatible with its surroundings and is in harmony with and will promote the general purposes and intent of the zoning laws; (4) the use is compatible with its surroundings and with the character of the neighborhood and of the community in general, particularly with regard to visibility, scale and overall appearance. The Board has also considered subsections (a) through (p) of Article XXVI, Section 100-264, of the Zoning Code. P~ge 3 .i So~thold Town Board of Appeals ~. ~S~ecial Meeting of September 12, 1991 Accordingly, on motion by Mr. Goehringer, seconded b¥ Mr. Dinizio, it was RESOLVED, to GRANT a Special Exception for an Accessory Bed and Breakfast Use in accordance with the requirements of Article III, Section 100-30B(16) of the Zoning Code as applied in the Matter of the Application of JOHN H. and GAYLE BIRKMIER under Application No. 4043, SUBJECT TO THE FOLLOWING CONDITIONS: Minimum of six (6) parking spaces, as applied; (Also stipulated is that there shall be no selling of retail goods, and owner-occupancy (owner must occupy same as his/her residence). Vote of the Board: Ayes: Messrs. Goehringer, Dinizio and Villa. (Absent were: Members Doyen and Grigonis.) This resolution was duly adopted. lk .~ GOEHRINGER,/C~I~RMAN RECT/VED AND FILED BY THE SOUTHOLD TOWN Town Clerk, Town of Southold 3 \/ NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following matters will be held for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road, Southold, NY 11971, on THURSDAY AUGUST 15~ 1991r commencing at the times specified below: I7:30p.m. Appl. - JOH~ H. AND GAYLE BIRKMIER. Special~ No. 4043 Exception to the Zoning Ordinance, Article III, Section 100-30B(16) for permission to establish "Bed and Breakfast Use,"/ an owner-occupied building, other than a hotel, where lodging and breakfast is provided for not more than six casual, transient roomers, and renting of not more than three rooms on the second-floor of the existing dwelling structure. Location 48850 Main Road, Southold, NY, County Tax Map No. 1000-70-07-10. 7:35 P.m. Appl. No. 4044 - WILLIAM, AILEEN AND JOHN PARROTT. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B and Article XXIV, Section 100~244B, for approval of deck construction at less than 75 feet from the bulkhead and in Page 2 - Legal Notic~of Hearings Regular Meeting of August 15, 1991 Southold Town Board of Appeals excess of the 20% lot coverage limitation for all structures. The subject parcel is substandard in size and is located in the R-40 Zone District. Location of Property: 2435 Cedar Lane, East Marion; County Tax Map No. 1000-37-4-9. 7:40 p.m. Appl. No. 4045 - GLORIA LOWERY. Variance to the Zoning Ordinance, Article FO(III, Section 100-239.4(B) for permission to construct open-deck addition to dwelling structure with a setback at less than 75 feet from the bulkhead. The subject parcel is substandard in size and is located in the R-40 Zone District. Location of Property: 650 Oak Avenue, Southold, NY; County Tax Map No. 1000-77-1-2. Also.referred to as Lot Nos. 285, 284, 283, 282, and part of 281 on the Map of Goose Bay Estates (1934). 7:45 p.m. Appl. NO. 404~ - MR. AND MRS. THOMAS M. McKEON. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B for permission to construct addition with breezeway and garage which will be in excess of the 20% lot coverage limitation. The subject parcel is substandard in size and is located in the R-40 Zone District. Location of Property: 415 Fisherman's Beach Road, Cutchogue; also referred to as Lot 7 on the Map of Peconic Bay Properties, Inc. (1931); County Tax Map No. 1000-111-1-26. 7:53 p.m. Appl. No. 4048 - BURT LEWIS, JR. Variance to the Zoning Ordinance, Article III, Section 100-32 and Article XXIV, Page 3 - Legal Notic~of Hearings Regular Meeting of August 15, 1991 Southold Town Board of Appeals Section 100-243 for approval of office addition resulting in an expansion of the existing noncohforming use and increasing the degree of nonconformance of the building setback in the front yard area. The subject parcel is substandard in size and is located in the Agricultural-Conservation (A-C) Zone District. Location of Property: 6920 Main Road, Laurel, NY; County Tax Map No. 1000-126-01-4.1; also referred to as Lot Nos. 1 & 2 on the Map of George I. Tuthill (1929). 8:15 p.m. Appl. No. 4041 - DONALD AND JEANNE GRIM. Amendment to Special Exception approval undler Appl. No. 3491, in this Light Industrial (LI) Zone District for permission to authorize recycling and salvage facilitiy, excavation and drainage yard (pursuant to Town Board Resolution adopted April 9, 1991, to be used in conjunction with those uses conditionally permitted under Special Exception ~o. 3491 (ZBA resolution adopted June 25, 1986) for outside stockpiling of material and related offices. Location of Property: Lot No. 2 on the Minor Subdivision Map No. 450 of L.B. Glover; 11910 Oregon Road, Cutchogue, NY; County Tax Map No. 1000-83-3-part of 4.4, containing 4.59 acres. 8:20 p.m. Appl. No. 4042 - LAWRENCE CERVON. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to construct addition to dwelling with a setback at less than 75 feet from the bulkhead. Location of Property: Page 4 - Legal Notic f Hearings Regular Meeting of August 15, 1991 Southold Town Board of Appeals 25235 Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-126-11-21. The subject parcel is substandard in size and is located in the R-40 Zone District. 8:30 p.m. Appl. No. 3959 - MR. AND MRS. JOSEPH HARDY. Variance to the Zoning Ordinance, Article IX, Section 100-92, for permission to increase the degree of nonconformance of the lot area for the establishment or approval of a second dwelling unit in an existing dwelling structure and for the establishment or approval of a third dwelling unit in the rear accessory building, both in conjunction with multiple business uses and existing single-family residential unit of this substandard parcel. Location of premises: 13500 Main Road, Mattituck, NY; County Tax Map ID No. 1000-114-11-5. The subject parcel is nonconforming in this Hamlet Business (HB) Zone District containing approximately ~ne-~alf acre of total lot area. 8:40 p.m. Appl. No. 3959 - MR. AND MRS. JOSEPH HARDY. Special Exception to the Zoning Ordinance, Article IX, Section 100-91B(2)(4) to permit either an accessory apartment or second dwelling unit over stores, or alternatively to permit multiple dwelling use within the existing mixed business/residential structure. Location of premises: 13500 Main Road, Mattituck, NY; County Tax Map ID No. 1000-114-11-5. The subject parcel is nonconforming in this Hamlet Business (HB) Zone District containing approximately one-half acre of total lot area. · Page 5 - Legal Not~ f Hearings Regula'r Meeting of August 15, 1991 Southold Town Board of Appeals 8:50 p.m. Appl. No. 4039 - CLIFFSIDE ASSOCIATES. Appeal for an Interpretation under the Definition Section of the Zoning Code, Article I, Section 100-13 as noticed to the adjoining property owners, as pertains to dwelling and/or motel uses, and the installation of cooking facilities. Location of Property: 61475 County Road 48, Greenport, NY; County Tax Map Parcel ID 1000-045-01-001 and 002 (2.1), containing approximately 7.5 acres. Zone District: Resort Residential (RR). The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not designated above. For more information, start before the times please call 765-1809. Dated: July 25, 1991. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski TO: Times-Review Delivered 8/5/91 L.I. Traveler-Watchman For Publication IlCllVED JUL 1961 TO SOUTHOLD, NEW YORK APPLICATION FOR SPECIAL EXCEPTION Application No. Date Filed: TO'THE Z~N~NG"'BOARD OF APPEALS, SOUTHOLD, NEW YORK: '~' (Residence, House No. and Street) (Hamlet, State, Zip u6ae, Telephone Number) hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPT~ON--in accordance with the ZONING ORDINANCE, ARTICLE ]]]][2 , SECTION I~ ~6UBSECTION for the below-described property for the following uses and purposes the attached plan drawn to scale): (and as shown on A. Statement of Ownership and Interest. ~l~ ¥~'/~.~0-~ ~[_~-~_.~'~z~- , _~re) the owner(s)of property known ~nd referred to~s -IJr~-o l"~ ~ct . (Ho~se No., St[e~t,'Ham]e~) identified on the Suffolk County Tax Maps as District 1000, SeCtion ~, Block '~ , Lot(s) ~ , which is not ~ on a subdivision Map (Filed , "Map of "Filed Map No. , and has been approved by the South~ld Town Planning Board on as a [Minor] [Major] Subdivision). / The above-described property was acquired by the owner on B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: C. The property which is the subject of this application is zoned ~ ~o [~ ~.s con~i~ten~ with the use(s) described in the Certificate of Occupancy being furnished herewith. L ] is not consistent with the Certificate of Occupancy being furnished herewith for the following reason(s): [ ] is vacant land. COUNTY OF SUFFOLK) STATE Sworn ZB2 (re~(~/2/6/86) and OWNER TOWN OF S~)UTJ. IOLD PROPERTY RECORD CARD FORMER OWNER :STREET VILLAGE ACR. , , 0.5-~ O TYPE OF BUILDING SEAS. VL FARM CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS ~00 AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable FRONTAGE ON WATER Woodland Meadowland FRONTAGE ON ROAD DEPTH BULKHEAD DOCK flouse~Plot~ Tota I SUB. LOT COLOR TRIM M. Bldg. Extension Extension Extension Porch-t.r') / % x r ~ : /,< ~=-~z Porch /~ ?a,( , -, " Bree~wey Garage ~ ~ ~ .- ,, &( v:: ~ .... Patio ~ o.B. ~ 3~: ~4- Foundation z~/~ ¢ ~x' Bath Basement ,f~ ) ! y ? Floors Total i /,: ,-;., Ext. Walls Fire Place __-~, ~,~,~,,~, Type Roof Recreation Room _~ r7 lterior Finish Heat Rooms 1st Floor Rooms 2nd Floor Driveway Dinette LR. DR. BR. FIN. B 114'. ,/'1/ t'YIA P P R o P £1:?. T Y JO/IN/4. ~0 U TI40L D ~': ?:-~ r~V ':' JUL f 9, PATRICK (~. HALPIN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING ARTHUR H. KUNZ DIRECTOR OF PLANNING September 25, 1991 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) ~Birkimier, John & Gayle Lowery, Gloria McKeon, Thomas Municipal File Number(s) 4043 4045 4046 Very truly yours, Arthur H. Kunz Director of Planning S/s Gerald G. Newman Chief Planner GGN:mb 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 SCOT1~ L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Pursuant to Board of Appeals the following to XX Article XIII of the Suffolk County Charter, of the Town of Southold, New York, hereby bhe Suffolk County Planning Commission: __ Variance from the Zoning Code, Article , Section Variance from Determination of SouthOld Town Building Special Exception, Article III , Section 100-30B(16) Special Permit the refers Inspector Appeal Locati County Within XX No.: 4043 Applicant: John H. and Gayle Birkmier on of Affected Land: 48850 Main Rd., Southold, NY Tax Map Item No.: 1000- 70-7-10 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Boundary of Existing or Boundary of Existing or Other Recreation Area Parkway, Highway, Thruway Proposed County, State or Federally Owned Land Proposed County, State or Federal Park or or 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, Within One Mile of a Nuclear Power Plant __ Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to establish "Bed and Breakfast Use" Copies of Town file and related documents unclosed for your review. Dated: September 19, 1991 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Diniz3o, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN O~ SOUTHOLD SCOT1~ L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 September 17, 1991 Mr. and Mrs. John H. 48850 Main Road Southold, NY 11971 Birkmier Re: Appl. No. 4043 - Accessory Bed and Breakfast Use Dear Mr. and Mrs. Birkmier: Transmitted for your records is a copy of the determination rendered by the Board of Appeals concerning the above application. Please be sure to return to the Building Department and any other agency for permits or other approvals which are appropriate for this project. A copy of this decision has simultaneously herewith been transmitted to the Building Inspector for his permit or certificate of occupancy record. Very truly yours, Linda Kowalski Enclosure Copy of Decision to: Southold Town Building Department ,f .Id ~un~, b~lng duly ~orn, ~ ~t Clerk of THE SUFFOLK TIMES, m We~kly publ~hed at Mattltuck In the Town of ~u~ ~un~ of Suffolk and State of N~ Yo~ an~ t~t ~e ~t~e of ~h t~ a~exed ~ a pdnt~ ¢o~, ~ b~n ~u~ 3aid Newspaper once each week fOr~ weeks successively, commencing on the / Pf~clpal Clerk Ho'rICE OF H~ RI~Q~ ~hc ei~cs spcci~ed ~: NOTICE [5 HEREBY GIVEN. f~ 7:30 p.m. ~u~ ~o ~c~ 267 e~ ~he T0~ / ~O[IN II A~ GA~ Law and t~e Co~e ot th~ Town ef Sou~old. ~e fo~o~ag marten w~ ~naace. A~ele IIL Scc~ioa ~ he~ f~ ~bhc hea~g~ ~o~ ~e ] 30806) for pe~.i~ to SOUTHOLD TOWN BOARD OF ]'~d ~nd B~fl APPEAL~ ~l I~c Sout~otd Town /~ ~M~. ~r~ HaR. ~3~5 Mare Road, Sou~old./whc~ IMgmg NY [1971, on THURSDAY(vid~ for ~t mog AUGUST 15.1~1. ~mm~mg al~si~t ~e~. Legal... b~:e~,*.,~y ~ gM'~gc which wi~ be · n~: 41~ Fi~h~an'~ Be~ch ~iez, 6~c. (1931); ~ua~y Tax Map ?:S} p4-n. ~DpI. ~o. 4048 ~ BI~T LEWIS, ~. V~cc to ~e 1~-32 and Amcle XXIV. S~n 1~-243 for a~v~ ~ ~i~ Map ~c L 'i'u~ (l~ s~ ~dct A~. No. 34)!. ~ tO30-?0-07-10. ~ ~ fix im~-~s~io~ md d~ge ~d ~ ~To~ Bos~ Rcsolufioa ad~ Ap~I 9, (ZBA resolution ~d~tcd J~oc 1986) f~ ~u~ s~g ~ ~- ~l ~ mirte~ offi~,. ~a~ of ~ 44. ~ 459 8:20 p.m. Appl. ~WRENCE CF~VON Va~ to ~c~se ~e d~g~ec cf n~fo~- Road. Msuimck. NY; ~nty Tax gubjeci page{ is ~o~ing ~ tu~. NY; ~n~ T~ ~ ~ Eo. 8:~0 p.m. AppL No. 4)3~ -- __CL~FFSIDE ASSOCIATES. for an lf~uyr~uc~ ~r ~he I~ fmi- R~ 48. G~ ~ ~y Map Pa~l ID [~{~l~OI de~ APP~ G~ P. ~i32-ITA{ NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following matters will be held for public hearings before the sOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road, Southold, NY 11971, on THURSDAY, AUG- UST 15, 1991, commencing at ~e times specified below: e'7:30 p.m. Appl. No. 404~ ~ IOHN H. AND GAYLE BIRK- \ MIER. Special Exception to the 1 Zoning Ordinance, Article III, ;ection 100-30B(16) for pennis- sion to establish "Bed and ]reakfast Use~' an owner-oc- cupied building, other than a hotel, where lodging and break- fast is provided for not more than six casual, transient ! roomers, and renting of notl~ nore than three rooms on the second-floor of the existing dwelling structure- Location: 48850 Main Road, Southold, NY; County Tax Map No. 1000- 70-07-10. ""~'7:35 p.m. Appl. No. 4044-- WILLIAM, AILEEN AND JOHI~PARROTT. Variance to [ the Zoning Ordinance, Article[ XXIII, Section 100-239.4B and i Article XXIV, Section 100-.244B, i for approval of deck construc- tion at less than 95 feet from the bulkhead and in excess of the i 20% lot coverage limitation for I all structures. The subject par- ~ eel is substandard in size and is located in the R-40 Zone Dis- trict. Location of property: 2435 Cedar Lane, East Marion; County Tax Map No. 1000-37-' 4-9. 7:40 p.m. Appl. No. 4045---t0 GLORIA LOWERY. Variance to'~ the Zoning Ordinance, Article XXIII, Section 100-239.4(B) for permission ~o construct open- deck addition to dwelling struc- ture with a setback at less than 75 feet from the bulkhead. The subject parcel is substandard in size and is located in the R-40 Zone District. Location of Pro- perty: 650 Oak Avenue, Southold, NY; County ~ Map No. 1000-77-1-2. Also referred to as Lot Nos. 285, 284, 283, 282, and part of 281 on the Map of Goose Bay Estates (1934). 7:45 p.m. Appl. No. 4045-- MR. AND MRS. THOMAS M. McKEON. Variance to the Zon- ing Ordinance, Article XXIV, Section 100-244B for permission to construct addition with breezeway and garage which will be in excess of the 20% lot coverage limitation. The subject narcel is substandard in size and'l is located in t~R-40 Zone Dis4 ., ,,, , : ~, trier. Locat, iI Property: 415 Fisharmans~'ach Road, Cut. COUNTY OF SUFF~ i: - ss: chogue; also referred to as Lot STAT[:. OF NEW YORK 7 on the Ma of Peconic Bay Properties, I~c. (1931); Countyll Tax Map No. 1000-111-1-26. [ · BURT7:53 LEWIs,P'm' AppI.jR.NO.variance4048I,to! Palricia Wood,' being duly sworn, says that she is the the Zoning Ordinance, Article] Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, III, Section 100-32 and ArticleI a public newspaper printed at Soulhold, in Suffolk County; XXIV, Section 100-2,13 for ap-/ proval of office addition result-~ and Ihat the notice of which the annexed is a printed copy, inginanexpansionoftheexist-I has been pul)lishccl in said Long Island 'l'raveler-Watcbrnan lng nonconforming use and in- i ........................... creasing the degree of noncon- I once each week for / weeks formance of the building set-i back in the front yard area. T~e ~ successively, corn menc big on the ...................... subject parcel is substandard in, size and is located in the Agri- i ~.~ Zone District. Location of Pro- perty: 6920 Main Road, Laurel, NY; County Tax Map No_z . 1000-126-01-4.1; also referred~f6 as Lot Nos. 1 & 2 on the Map of George I. Tuthlll (1929). 8:15 p.m. Appl. No. 4041-- f c-~- DONALD AND JEANNE Sworn 1o hefore rne Ihis .. ........ ~ ........... clay of GRIM. Amendment to Special Exception approval under Appl. No. 3491 in this Light Industrial , ] 9 . ~. ~ . (LI) Zone District for permis-i ...................... sion to authorize ~cycling and salvage facility, excavation and drainage yard (pursuant to Tow~ Board Resolution adopted April , 9, 1991, to be used in conjunc. . . .~:/~. ~. ~:. ;-.~?i ...... .,4:.c~.~?.c?~. ..... tion with those uses conditional. N o i ary Public ly permitted under Special Ex- ception No. 3491 (ZBA resolu- BARBARA A. SCHNEIDER tion adopted June 25, 1986) for a third dwelling unit in the rear N01ARY PUBLIC, Stete of New York outside stockpiling of material accessory building, both in con- No. 4806846 and related offices. Location of junction with multiple business Qualified in Sull01k C0tjnty/ Property: LOt No. 2 on the uses and existing single-family Commission gxpir0so°/3tp2. Minor Subdivision Map No. 450 residential unit of this substan- the Zoning Ordinance, Article l-- of L.B. Glover; 11910 Oregon dard parcel. Location of pre- Section 100-13 as noticed to the Road, Cutchogue, NY; County raises: 1~500 Main Road, Mat- adjoining property owners, as Tax Map No. 1000-83-3-pa~zo! tituck, NY; County Tax Map ID 4.4, containing 4.59 acres, tTM No. 1000-114-11-5. The subject pertains to dwelling and/or motel .uses, and the installation 8:20 p.m. Appl. No. 4042-- parcel is nonconforming in this of cooking facililtes. Location of LAWRENCE CERVON. Vari- Hamlet Business (HB) Zone Property: 61475 County Road ance to the Zoning Ordinance, District containing approximatel 48, Greenport, NY; County 'lhx Article XXIII, Section one-half acre of total lot ama. Map Parcel ID 1000-045-01-001 100-239.4B for permission to. 8:40 p.m. Appl. No. 3959-- .. · , and 002 (2.0, containing ap- construct addition to dwelhngl MR. AND MRS. JOSEPH proximately 7.5 acres. Zone Dis- with a setback at less than 751 HARDY. Special Exception to trict: Resort Residential (RR). feet from the bulkhead. Loca- the Zoning Ordinance, Ankle ~i~be Board of Appeals will at tion of Property: 8460Peconic IX, Section 100-91B(2)(4) to sald time and place hear any and Bay Boulevard, Laurel, NY; permit either an accessory County Tax Map Parcel No. apartment or second dwelling all persons or representatives de- 1000-126-11-21. The subject par- unit over stores, or alternatively siring to be heard in the above matters. Written comments may cci is substandard in size and is to permit multiple dwelling use also be submitted prior to the located in the R-40 Zone within the existing mixed busi-z conclusion of the subject hear- District. ness/residential structure. I.~~ 8:30 p.m. Appl. No. 395~ tion of premises: 13500 Main lng. Each hearing will not start before the times designated MR. AND MRS. JOSEPH Road, Mattituck, NY; County above. For more information, HARDY. Variance to the ZOn- Tax Map ID No. 1000-114-11-5. please call 765-1809. lng Ordinance, Article IX, Sec- The subject parcel is noncon- Dated: July 25, 1991. tion 100-92, for permission to forming in this Hamlet Business BY ORDER OF increase the degree of n0ncon- (HE) Zone District containing THE SOUTHOLD TOWN approximately one-half acre of BOARD OF APPEALS formance of the lot area for the total lot area. GERARD P. GOEHRINGER establishment or approval of a 8:50 p.m. Appl. No. 4039-- CHAIRMAN second dwelling unit in an exist-. CLIFFSIDE ASSOCIATES. By Linda Kowalski lng dwelling structure and fo~'p Appeal for an Interpretation -1.t'~' IX, 8/8/91 (5) the establishment or appwval of under the Definition Section of 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 O4 SOUTHOLD SCOIT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. Additional time will, of course, be available. A drafted or final written copy of your presentation, if lengthy, is always appreciated. Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. Yours very truly, Enclosure GEP3~RD P. GOEHRINGER CHAIRMAN By Linda Kowalski TRANSCRIPT OF HEARINGS gOUTHOI.D TOWN BOARD OF APPEALS REGULAR MEETING OF THURSDAY, AUGUST 15, 1991 Board Members Present: Chairman Gerard P. Goehringer and Members: Dinizio, Doyen, Grigonis and Villa Linda Kowalski, Z.B.A. Secretary and approximately 25 persons in the audience. Appl. No.: 4043 Applicant(s); John H. & Gayle Birkmier Location of Property: 48850 Main Road, County Tax Map No.: 1000-70-7-10 Southold, NY The Chairman opened the hearing at 7:30 pm and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of the survey produced by Roderick Van Tuyl and Son dated August 17, 1972 indicating a rather large two and a half story frame home, an existing older home with a barn to the rear of the property and the property is located on the Main Road in Southold. And 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 be heard? Are the Birkmiers here? How do you do. Could I ask either one of you to use the mike if you wouldn't mind. How do you do? MS BIRKMIER: How are you? CHAIRMAN GOEHRINGER: Good thank you. Is there anything you would like to state for the record before I ask you some questions? MS BIRKMIER: I don't think so. CHAIRMAN GOEHRINGER: Okay. I noticed that you have a parking plan in front of the barn that is what you are anticipating in reference to parking the cars for the bed and breakfast use, is that correct? MS BIRKMIER: Yes. CHAIRMAN GOEHRINGER: And what portion of the house are you actually going to be using, I know that... MS BIRKMIER: The central portion has two bedrooms. Page 2 - August 15, 1991 Public Hearing - John H and Gayle Birkmier Southold Z.B.A. CHAIPaWL~N GOEHRINGER: Okay, upstairs? MS BIRKMIER: Yes. At the head of the stairs as you come up to the second floor. ~ CHAIRMAN GOEHRINGER: Okay. I have to apologize to you, this has been a very busy summer and I have not gotten a chance to get over to the house and I know that at least one Board Member has been in. I would hope that your timeliness is not such that you couldn't wait another couple weeks until we could re-schedule the hearing till we could all look at it. MS BIRKMIER: I'm working real hard to get it going. We're still working on the rooms. CHAIRMAN GOEHRINGER: The next hearing is~ scheduled for the latter part of September, I'd like to make an appointment with you tonight if I could or .... MS BIRKMIER: The latter part of September7 CHAIRMAN GOEHRINGER: Well that's when we would close the hearing. MS BIRKMIER: I see. CHAIRMAN GOEHRINGER: I would like to make an appointment with you on September 21st which I believe is a Saturday about 10:00 am and we'll all come over and go through the place and we'll go through everything and discuss with you if that's not a particular problem. MS BIRKMIER: A decision would be made at that point? CHAIRMAN GOEHRINGER: It would be made at the 29th. We'll make it for you because we're holding it off at that particular point and let you know exactly what the story is. MS BIRKMIER: Okay. May I ask why it would have to be held off? CHAIRMAN GOEHRINGER: Well only because I didn't get a chance to come over and look at it nor did my Board Members look at it other than Jim Dinizio who had looked at it some time ago and normally in almost every situation we have gone to the premises as I said because of the problems with the summer and vacations and all the rest of it I have not gotten a chance to get over and I would normally not just drop in on you and say I would like to look at it. We would normally make... If for any reason I can make it over any earlier Page 3 - August 15, 1991 Public Hearing - John H & Gayle Birkmier Southold Z.B.A. CHAIRMAN, cont'd: I'll give you a call or we can get together any earlier. MS BIRKMIER: That would be fi~e. CHAIRMAN GOEHRINGER: Okay. After Labor Day and I'll definitely give you a call, but right now we'll leave it for the 21st of September, if it's alright with you. MS BIRKMIER: Okay. CHAIRMAN GOEHRINGER: Is there anybody else would like to speak in favor of this application? Anybody like to speak against the application? Hearing no further comment I'll make a motion recessing the hearing to the next regularly scheduled meeting. Ail in Favor - AYE. Appl. No.: 4044 Applicant(s): William, Aileen and John Parrott Location of Property: 2435 Cedar Lane, East Marion, NY County Tax Map No.: 1000-37-4-9 The Chairman opened the hearing at 7:38 pm and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: Just state you name for the record please. MR PARROTT: John Parrott. CHAIRMAN GOEHRINGER: How do you do? MR PARROTT: Good. CHAIRMAN GOEHRINGER: What can I, what will you state for us for the record? Do you have anything you would like to say? MR PARROTT: Well I have an updated survey, I've got some new numbers. CHAIRMAN GOEHRINGER: Wonderful. Thank you. MR PARRO'ur: I believe you asked me for two originals. I had the numbers, I asked Van Tuyl to give me the lot coverage. CHAIRMAN GOEHRINGER: So total lot coverage is 31% is that correct? ---1 FRONT OF SUBJECT PROPERTY REAR OF SUBJECT PROPERTY STREET SCENE Copies of legal notice for August 15, to the following 8/6/91: Mr. and Mrs. John H. Birkmier 48850 Main Road Southold, NY 11971 1991 hearings were mailed Mr. John L. Parrott Creative Retirement Planning, Inc. 30 Rockefeller Plaza, Suite 4336 New York, NY 10112 Mr. Burt G. Lewis, Jr. P.O. Box 983 Cutchogue, NY 11952 Gary Flanner Olsen, Esq. P.O. Box 706 Cutchogue, NY 11935 (Re: McKeon) Mr. and Mrs. Thomas McKeon 17 Massachusetts Blvd. Bellerose Village, NY 11701 Mr. and Mrs. Donald Grim P.O. Box 300 Cutchogue, NY 11935 Mr. Thomas C. Samuels Samuels & Steelman 25235 Main Road Cutchogue, NY 11935 (Re: Cervon) P. Edward Reale, Esq. (Re: Twomey, Latham, Shea & Kelly P.O. Box 398 Riverhead, NY 11901 Hardy) Richard T. Haefeli, Esq. (Re: 184 Main Street P.O. Box 1112 Westhampton Beach, NY 11978 ~r. Robert Coady Mr. James E. Fitzgerald, Jr. 250 Oak' Avenue Pr0per-T Services Southold, NY 11971 P.O. Box 617, Cutch0gue, NY ~ (included copy of map of deck & I neighbor notice Re: Lowery) Cliffside) and Mr. Kenneth Tedaldi 130 Jessup Ave. Quogue, NY ll959 11935 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 SE~RA UNLISTED ACTION DECLARATION Appeal No. 4043 Project Name: John and county Tax Map No. 1000- 70-7-10 Location of Project: Main Road, $0uth0]d 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 Gayle BirkmierJuly 25, 1991 Relief Requested/Jurisdiction Before This Board in this Project: Bed/Breakfast 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, and: { } this Board wishes to assume Lead Agency status and urges coordinated written co~nents by your agency to be submitted with the next 20 days. { × } this Board has taken jurisdiction as Lead Agency, has deemed this Board of Appeals application to be an Unlisted SEQRAAction, and has declared a Negative Declaration for the following reasons: a. An Environmental Assessment has been submitted and evaluated, and/or b. An inspection of the property has been made, or c. Sufficient information has been furnished in the record to evaluate any possible adverse affect of this project as filed, and/or d. This application does not directly relate to new construction or on-site improvements. { } this Board refers lead aggncY status to your agency since the Board of Appeals does not feel its scope of jurisdiction is as broad as the Planning Board concerning site changes and elements under the site plan reviews. The area of jurisdiction by the Board of Appeals is not directly related to site improvements or new buildings. (However, if you do not wish to assume lead agency status within 15 days of this letter, we will assume you have waived same, and we will be required to proceed as Lead Agency.) For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. tm 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 July 19, 1991 ZONING APPEAL APPL NO. 4043 (Special Exception) - JOHN & GAYLE BIRKMIER Transmitted herewith is Zoning Appeal Appl. No. 4043 (Special Exception) JOHN & GAYLE BIRKMIER together with Notices to Adjacent Property Owners, the Short Environmental Assessment Form, the Zoning Board of Appeal's Questionnaire, a copy of the Certificate of Occupancy, a copy of the property deed, 3 pictures, a Survey Map, and a copy of the floor plan. Judith T. Terry Town Clerk The N.Y.S. Environmental Quali~y Review Act requires submission of this form, and an environmental review will be ~.ade by this board before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (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 th~ 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 not significant. (d) Environmental Assessment Will project result in a large physical change 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 site? Yes~ No 3. Will project alter or have a large effect on an existing body of water? Yes ~No 4. Will project have a potentially large impact on / groundwater quality? Yes __ oV N 5. Will project significantly effect drainage flow on adjacent sites? YesFNo e Will project affect any threatened or endangered plant or animal species? Yes ~/No 7. Will project result in a major adverse effect on air quality? Yes e Will project have a major effect on visual char- acter of the community or scenic views or vistas ~/ known to be important to the community? Yes 'No 10. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical envire~mental area by a local agency? No Yes Will project have a major 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? Yesv No 12. 13. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? Yes Will project have any impact on public health or safety? Yes 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 period or have a major negative effect on the character of the community or neighborhood? 15. project? Preparer' s Signature: Representing :. ZBA 9/75 Is there public controversy concerning the Date: Yes Yes o 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: (Separat9 sheet may be attached.) B. Is the subject premises listed on the real estate market for · sale or being shown to prosp~ctive buyers? { } Yes {~} No. (If Yes, please attach copy of "conditions" of sale.) C. Are there any proposals to change or alter land contours? { } Yes ~ No DJ 1. Are there any areas which contain wetland grasses? ~o 2. Are the wetland areas shown on the map submitted with this application? .~- 3. Is the property bulkheaded between the wetlands area and the upland building area? ~ 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? ~ E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? ~ (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting? //~/~ If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? /~'~ 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? ~W~'~ If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel O~ - ~~ . and proposed use ~%ut~rized Signature and Date 3/87, 10/901k § 97-13 WETLANDS § 97-13 TOWN -- The Town of Southold. TRUSTEES -- The Board of Trustees of the Town of Southold. [Added 6-5-84 by L.L. No. 6-1984] WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 by_L.L. No. 6-1985]: -f;~ "~ ~. ~' · '~ ~V ~DAL WETLANDS: '~ (1) All lands generally covered or intermittently cov- ered with, or which border on, tidal waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet, including but not limited to banks, bogs, salt marsh, swamps, meadows, tiara or other low lying lands subject to tidal action; (2) All banks, bogs, meadows, fiats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following:, salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel, marshmallow and low march cordgrass; and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 24, Ti- tle 1, § 24-0107, Subdivisions l(a) to l(d) inclusive, of the Environmental Conservation Law of the State of New York; and (2) All land immediately adjacent to a Ufreshwater wet- land," as defined in Subsection B(1) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." 9705 ~ ~. zs- ss TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR TOWN HiLL SOUTHOLD, NEW YORK CERTIFICATE OF OCCUPANCY NONCONFORI%IING PREMISES THIS IS TO CERTIFY that the /--X/ Land /--/ Building(s) /--/ Use(s) Pre C.O. #- Z14064 Date- December 6,1985 located at 46970 Main Rd. Southold Street Hamlet shown on County tax map as District 1000o Section 070 , Block 07 Lot 010 , does.[not)conform to the present Building Zone Code of the Town of Southold for the following reasons: Property has insufficient area. On the basis of information presented to the Building Inspector's Office, it has been determined that the above nonconforming /~/Land /--/Building(s) /Z/Use(s) existed on the effective date the present Building Zone Code of the Tox%m of Southold, and rnay be continued pursuant to and subject to the appli~ cable provisions of said Code. IT IS FURTHER CERTIFIED that, based upon information presented to the Building Inspector's Office, the occupancy and use for which this Certifi- cate is issued is as follows: Propert~ contains a two and one half story, one family, wood framed dwelling and a large accessory building (barn) which is presently being restored under building permit #13912Z. Property situated in the A-ResidentialcAgricultural Zone with access to Rt. 25 a State maintained highway. The Certificate is issued to of the aforesaid building. BIRKMIER, JOHN & GAYLE Suffolk County Department of Health Approval N/A ~ UNDER~rRITERS CERTIFICATE ~O. N/A NOTICE IS HEREBY GIVEN that the owner of th~ above premises HiS NOT CONSENTED TO AN INSPECTION of the premises by the Building Inspec- tor to determine ffthe premises comply with al! applicable codes and ordin- ances, other than the Building Zone Code, and therefore, no such inspection has been conducted. This Certificate, therefore, does not, and is not intended to certify that the premises comply with all other applicable codes~and reg~Ia~ tions. Buiidin~ inspector FORM NO. 6 TOWN OF SOUTHOLD Building Department Town Hall Southold, N.Y. 11971 765- 1802 APPLICATION FOR CERTIFICATE OF OCCUPANCY BLDG. D.PT. ToWN OF $OUI'HOtI~ Instructions A. This application must be filled in typewriter OR ink, and submitted m amammmm to the Building Inspec- tor with the following; for new buildings or new use: 1. Final survey of property with accurate location of all buildings, property lines, streets, and unusual natural or topographic features. 2. Final approval of Health Dept. of water supply and sewerage disposal-(S~9 form or equal). 3. Approval of electrical installation from Board of Fire Underwriters. 4. Commercial buildings, Industrial buildings, Multiple Residences and similar buildings and installa- tions, a certificate of Code compliance from the Architect or Engineer responsible for the building. 5. Submit Planning Board approval of completed site plan requirements where applicable. B. For existing buildings (prior to April 1957), Non-conforming uses, or buildings and "pre-existing" land uses: 1. Accurate survey of p~operty showing all property lines, streets, buildings and unusual natural or topographic features. 2. Sworn statement of owner or previous owner as to use, occupancy and condition of buildings. 3. Date of any housing code or safety inspection of buildings or premises, or other pertinent informa- tion required to prepare a certificate. Fees: 1. Certificate of occupancy $5.00 2. Certificate of occupancy on pre-existing dwelling 3. Copy of certificate of occupancy $1.00 4.Vacant Land C.O. $5.00 $15.00 Date New Building ............. OId or Pre-existing Building . .'./.~.. ..... Vacant Land ............. ,/.:. :. , . /,. ' "- .I Iq'z Location of Property . ?..c:..,N..~c-~'.~ J ~I.'..5.?U;.~.IF.c.'!:.,..X.' ........ House No. Street Hamlet Owner or Owners of Property ...... ¢:.~. .. . ~.¥L.... ...... ~ ~ ~ ~. ~ ,c_,\ ~ . ....... County Tax Map No. 1000 Section .... .C'. ': ?.' ..... Block ...... .~".: ..~. .... Lot...~i/..~:-; ...... Subdivision ...................... . ........... Filed Map No ........... Lot No .............. Permit No ........... Date of Permit .......... Applicant .................................. Health Dept. Approval ........................ Labor Dept. Approval ........................ Underwriters Approval ........................ Planning Board Approval ...................... Request for Temporary Certificate ..................... Final Certificate ....................... Fee Submitted $...Z'..J...,.. · .~.~-.. Construction on above described building and permit meets all applicable codes and regulations. o_o l o d, - ' - Q~c~lq Applicant...:;~. .../.-/.~,',:.'...' ~?/'~ ..... / '- ............ Rev, 10-10-78 PROPERTY: You ars entering into a transaction that will result in a security interest in your home. You have a legal right under federal law to cancel this transaction, without cost, within three business days from whichever of the following events occurs last: (1) the date of the transaction, which is ', , '~ . · ' ; or (2) ~ the date you received your Truth in Lending disclosures; or (3} the date you received this notice of your right to cancel. tfyou cancel the transaction, the security interest is also cancelled. Within 20 calendar days after we receive your notice, we must take the steps necessary to reflect the fact that the security interest in your home has been cancelled, and we must return to you any money or property you have given to us or to anyone else in connection with this transaction. You may keep any money or property we have given you until we have done the things mentioned above, but you must then offer to return the money or property, if it is impractical or unfair for you to return the property, you must offer its reasonable value. You may offer to return the property at your home or at the location of the property. Money must be returned to the address below. If we do not take possession of the money or property within 20 calendar days of your offer, you may keep it without further obligation. How to Cancel If yo0 decide to cance, I this transac,tion you may do so by notifying us in writing You may use any written statement that is signed and dated by you and states your intention to cancel, or you may use this notice by dating and signing below. Keep one copy of this notice because it contains important information about your rights. Ifyoucancelbymailortelegram, youmustsendthenoticenolaterthanmidnightof ' ' ¢' .... " : ''~ (ormidnight of the third business day following the latest of the th ree events listed above). If you send or deliver your written notice to cancel some other way, it must be delivered to the above address no later than that time. I WiSH TO CANCEL Consumer's signature ILOAN Date ACKNOWLEDGMENT OF RECEIPT I acknowledge receipt of 2 COMPLETED COPIES OF THE ABOVE NOTICE Date Consumer's s~gnature NONCANCELLATION STATEMENT The 3 full business' days nave passed since I received this Notice. I have notcancelled the above transaction. I request J3~,.,~,,~-~.. ~, ~-- to proceed with this transaction on reliance on this Noncancellatlon Statemenl~,- Date (after 3 full business days) Consumer's signature COMM ,)NWEALTH LAND Ti, LE INSLJ~'ANCE COMPANY A, ~liance Grc.~Jp Holdings Company 209 W. MAIN STREET, P.O. _' OX 419, RIV~ ~.HEAD, NEW YORK 11901 EA~ '-~RN SUFFOLK: 516-727-7760 December 2, 1985 AND.qEA ,qlVE Exchange Funding Corp. '20 Broad Hollow Road Melville, New York 11747 Re: Title No. G 623-154 S John & Gayle Birk~ier 46970 Main Road Southold, New York Gentlemen: Enclosed please find the letter of reply in response to OUr request for a duplicate copy of the Certificate of Occupancy on the above captioned report of title. Please attach and make this letter a part o~ your Original Certificate of Title. _ Very truly yoLLr$, COMMONWEALTH LAND TITLE INSURA~iCE COMPANY ROBERT H. GAFFGA TITLE OFFICER RHg/bdb FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No Z-18037 Date MAY 18~ 1989 THIS CERTIFIES that the building. Location of Property 46970 MAIN ROAD House No. County Tax Map No. 1000 Section, 70 Subdivision ACCESSORY SOUTHOLD ~ NEW YORK Block 7 Filed Map No. Street Hamlet Lot 10 Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated APRIL 25r 1985 pursuant to which Building Permit No. 13912-Z dated MAY 6, 1985 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ACCESSORY BARN & STORAGE BUILDING AS APPLIED FOR The certificate is issued to (owners) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL UNDERWRITERS CERTIFICATE NO. PLUMBERS CERTIFICATION DATED JOHN & GAYLE BIRKMIER N 064396 - APRIL 3r 1989 N/A Building Inspector Rev. 1/81 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL 80UTUOLD, NEW YORK 765 - 1802 I1971 BL , ~, . TOWN OF S.,UTHOLD ] APPLICATION FOR CERTIFICATE OF OCCUPANCY Location of Property .............................. HOUSE NO. STREET HAMLET JOHN & GAYLE BIRKMIER Owner or Owners of Property ................................................. County Tax Map No. 1000 Section .~.. B:ock '~ Lot' Subdivision ....................... Filed Map ........ Lot .......... ~ermi~ No...Z,.T..L/~ate of ~'ermit .......... ^pp~ica,,t ................... Health Dept. Approval .................. Underwriters Approval .............. Planning Board Approval ................ Request for Temporary Certificate .... .... Fee Sobm,tted: ~..~..~.'.~.q .......... Final Certificate C011~o,37 rev. 10/14/88 -2670 Standard N. Y B.T.U. Form 8007 * 10-71-20M~ and Sale Deed. with Covenant againsl GrantoFs Accs~vidual or Corporation. CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT--THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. 7246 TI~I~ INDF_J~ made the ~:~'/Z~ay of August , nineteen hundred and Seventy- two BE"I~ JOHN D. COOK and MARGARET M. COOK, his wife, both residing a~Main Road, Southold, New York 11971, ~rtyofthefirstpa~,and JOHN H. BIRKMIER and GAYLE BIRKMIER, his wife, as tenants by the entirety, both residing at 11 Norman Lane, Central Islip, New York 11722, party of the second part, ~VITN~, that the party of the first part, in consideration of ~ ~ ............ - TEN AHD 00/100 ($10.00) .............. dollars, lawful money of the United States, and other good and valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, that ~ertaln plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being iRx~ at Southold, in the Town of Southold, County of Suffolk, and State of New York, and more particularly described as follows: BEGINNING at a point on the southerly side of Main Road distant westerly 78.5 feet from the corner formed by the intersection of the southerly side of Main Road and the westerly side of "CORWINS LANE", (private Road); said point of beginning, being the northwest corner of land of L. B. Eldridge; THENCE along said land South 39 degrees 14 minutes East 156.00 feet to land of Furmankiewicz, formerly Manasek; THENCE along said land South 13 degrees 57 minutes 50 seconds West 127.66 feet to land of W. Dobec, formerly Mannweiler; THENCE along said land North 42 degrees 18 minutes 40 seconds West 228.48 feet to the southerly side of Main Road; THENCE along the southerly side of Main Road North 48 degrees 36 minutes East 114.56 feet to the point or place of BEGINNING. TOGi~;rflER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETI"IEll with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. PRESENCE OF ~ ,AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance 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 consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same 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. ~ ~¥1'l'lhrE~ ~¥['IF.,I~.OF~ the party of the first part has duly executed this deed the day and year first above written. (~argar~' I~I. Cook) (L.S.) (L.S.) O~/~y ~ August 19 72, ~fom me ~ me ~y of 19 , ~fore me ~r~y ~e JOHN D. COOK and ~r~y ~e ~G~ET M. COOK, his wife, ~ me ~own to ~ ~e i~duM s d~fi~ in and who to me ~own to ~ the individu~ de.rind in and who ~t~ the for~ng inst~ent, and ~wl~ged t~t ex~uted the foregoing instr~ent, and a~nowl~ged t~t RENSSE~ER G. TERRY, JR. Nolaw Public, ~tafe of New Yor~ Residi~ in Suffolk County No. 52-3954850 My ~mJ~n Expires March 30, 1973 STA~ O~ N~ YOR~ ~OUN~ OF ss: STA~ OF N~ YORK, ~OUN~ OF On ~e day of 19 , ~fore me On the day of 19 , ~fore me ~rsonally ~me ~rsonally ~me to me known, who, ~ing by me duly sworn, did de~se and to me known, who, being by me duly sworn, did depose and say that he resides at No. say that he resides at No. ; ; that he is the that he is the of of , the ~ration described , the ~ration desc~b~ in ~d which ex~uted the foregoing instrument; that he in and which ex~uted the foregoing instrument; that he knows the ~1 of ~id co.ration; t~t the seal affixed knows the s~l of said corporation; that the s~l afl'ed to mid instrument is such co.rate seal; that it was so to said instrument is such co.rate s~l; that it was so affixed by o~er of the ~ard of directors of ~id co~m- affixed by order of the ~ard of directors of s~d tion, ~d that he si~ed h name thereto by like order, tion, ~d t~t he si~ed h n~e thereto by like order. YI-2670 H COVENANT AGAINST ~RAN]OR~S ACIS JO~ D. COOK and ~RG~ET M. COOK, his wife JOHN H. BIR~IER and GAYLE BIR~IER, his wife THE TITLE GUARANTEE COMPANY PUR D AS HOLED ~ .~i' ~ CCX:~S. Cooc:mts Floor and Footln, g openings 2" x 4" x 12' Top. Bottom - Loft Plates and Loft Wall 2" x 4" x 8' Wall Studs - Rafter Ties - Studl 2"x4'xl0'Gambre Stud~ ,~; 12" x r x 8' Up!~r I:t~ter Section ~'~ ~: , 2" x 6" x 12' Lower Rafter Santlon ._ Ea~ ' I"xrx18'Toogue&GmoveCarSidlng · 7 Loft Floor ' ~ 7' · 2" x.8' Iron ~ost or 4# x 4' x 8' Wood Po~t --'Beam ; 30' x 30' Cupolas -- (Opt c 1/2" x r Bolts Bottom Plat4 20 D Common Nails .. Sox Nail 7/8 Gal. Roofln Red Paint -- Optional ~ DisaPPesdng Stair~vays .-- Optional x 24" 4.Lite Barn ~ash or Ve~tlle Cabin Window, o~ten called :38" x 36" $ Lite Barb Sash ;~- Front Side ~"-~: False Beam & Omamantail made from scrap material"; :ty~e window o ftan~4cai, i. I~ta~' Slip Fit ~ ~e USed, they imB .ily . teds, frame i~cleded, ohank ~our lumber [MMOND Box 584 ewl kRN A-C ~ R -80 R~-80, R-80 A--C BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter oT the Petition of : : to the Board of Appeals of the Town of $outhold : TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the in~entlnn fff l:he undersigned to petition the Board of Appeals of the Town of Southold request a (Variance) S~cial ExceptionS(Special Permit) (Other) [¢±r¢.1e cho±¢e] to ). 2. That the property which is the subject of the.E'etition is located adjacent to your property and is des- cribed as follows: ~t'~:~--o t~ (~X.% ~, ~ 3. That the property which is the subject of such Petition is located in the following zoning district: 4. such Petition, the und~l'signed .will reques{ the following relief: $. That the provisions of the $outhold Town Zonin8 Code applicable to the relief sought by the under- signed are Article ~ Section [ ] Section PS0-A, New York Town Law for approval of access over right(s)-of-wRy. 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. (5'16) 765-].809. 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: Petitioner /'~ /7 . . , Post Office Address- // ~-.~L ~,.--~ ,, Tel. No. {~/~) Z~-/~7~ [Copy of sketch or purposes.] plan showing proposal PROOF OF MAILING OF NOTIC'F ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRES~S STATE OF NEW YORK COUNTY OF SUFFOLK ~m~ ~ ~. ~, ~/, ~ l O~'/{ , being duly sworn, deposes and says that on the day of ,1 9 , 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- ~ce at (certified) (registered) mail. Sworn to before me this / ~7 day o~ ~...0~ _ ,19 ~ / ~J- d Notary Public ; that said Notices were mailed to each of said persons by (This side does not have to be completed on form transmitted to adjoining property owners.)