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Home My WebLink About3981 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grlgonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF $OUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following 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, NOVEMBER 29, 1990 at the following times: 7:30 p.m. Appl. No. 3972 - PETROL STATION LTD. Hearing continued from November 1, 1990. 7:35 p.m. Appl. No. 3985 - HERBERT AND CATHERINE LINDTVEIT. Variances to the Zoning Ordinance, Article XXVIII, Section 100-239.4B and Article XXI~,, Section 1Q0-244B for proposed one-story and second-story additions with two-foot over-hangs (cantilevers) Portion of additions will be less than 75 feet from bulkhead along Corey Creek and will reduce both side yards to less than the minimum required at 10 and 15 feet. The dwelling as exists has nonconforming side yards, and the lot area and width are also nonconforming in this R-40 Zone District. Location of Property: 625 Windy Point Lane (Private Road #12), Southold, NY; County Tax Map Parcel 1000-87-4-7. Page 2 - Legal Notice Hearings to be Held November 29, Southold Town Board of Appeals 1990 7:40 p.m. Appl. No. 3986 - BARRY AND BEVERLY LEHR. Variance to the Zoning Ordinance, Article III, Section 100-30.2A for approval of the location of accessory building located in an area other than the required rear yard and located within 75 feet of the bulkhead along Goose Creek (a/k/a West Creek). Lot is nonconforming as to lot area and width in this R-40 Zone District. Location of Property: 15 Sun Lane, Southold; also referred to as Lots 1 & 2 on the Subdivision map of "West Creek Development" filed July 6, 1937 as County File No. 1236. County Tax Map Parcel ID No. 1000-76-1-1. 7:45 p.m. Appl. No. 3988 - ANTONIO VANGI. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 and Article XXIII, Section 100-239.4, for permission to construct garage addition with a setback of less than 100 feet from the top of the bluff along the Long Island Sound and with side yards at less than the required 15 feet and 20 feet. The dwelling as exists is nonconforming as to total sideyards, and the lot area and width are nonconforming in this R-40 Zone District. Location of Property: 645 Glen Court, Cutchogue, NY; Vista Bluff Map No. 5060, Lot #1; County Tax Map Parcel ID No. 1000-83-1-7. Page 3 - Legal Notice Hearings to be Held November 29, Southold Town Board of Appeals 1990 7:55 p.m. Appl. No. 3987 - H & S ASSOCIATES by Sanford Friemann. Variance to the Zoning Ordinance, Article X, Section 100-102 (Bulk Schedule) for approval of insufficient frontage (lot width) {as exists} along the Main Road of proposed Lot #3 and for approval of insufficient lot depth of proposed Lot #2, in this pending minor subdivision, and for approval of access according to New York Town Law, Section 280A over a private right-of-way. Zone Districts: B-General Business and Agricultural-Conservation. of Main Road, Cutchogue, NY; 1000-102-2-24. Total area: Location of Property: North Side County Tax Map Parcel ID No. 19.596 acres. 8:05 p.m. Appl. No. 3977 - BE'±'Tf J. COPIN. Continued from November 1, 1990. 8:15 p.m. Appl. No. 3788 - SUN REFINING '& MARKETING. Variances to the Zoning Ordinance, Article X, Section 100-102: (1) for permission to establish convenience store use in conjunction with and accessory to the existing gasoline station use on this substandard parcel which contains less than 30,000 sq. ft. in lot area; (2) for interpretation as to height limitation of accessory (canopy) structure, and (3) for approval of canopy structure in the front yard location. Location of Property: Corner of the Easterly Side of Factory Avenue and Northerly Side of the Main Road, Mattituck, NY; County Tax Map Parcel ID No. 1000-142-1-27. Page 4 - Legal Notice Hearings to be Held November 29, Southold Town Board of Appeals 1990 8:30 p.m. Appl. No. 3983 - JANET MALONEY. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for approval of deck within 75 feet of bulkhead along Hog Neck Bay. Lot is nonconforming as to lot area in this R-40 Zone District. Location of Property: 30 West Lake Drive and 2505 Little Peconic Bay Lane, Southold, NY; County Tax Map Parcel ID No. 1000-90-1-25; Cedar Beach Park Lot No. 125, filed Map No. 90. 8:35 p.m. Appl. No. 3981 - PHYLLIS RAYNE BYER. Variance to the Zoning Ordinance, Article III, Section 100-30A(1), as disapproved, for approval of second dwelling apartment unit, as exists. Building as exists contains two dwelling units and retail store in this Limited Business (LB) Zone District. Lot is nonconforming as to lot ar~a, width and depth. Location of Property: Corner of South Side of Main Road and the East Side of Bay Avenue, Cutchogue, NY; County Tax Map Parcel ID No. 1000-85-3-2.1. · Page 5 - Legal Notice Hearings to be Held November 29, Southold Town Board of Appeals 1990 8:45 p.m. Appl. No. 3973 - JOH~ AND ROSE MILAZZO. Variances to the Zoning Ordinance, Article XXIII, Section 100-239.4 {a/k/a 100-239d(B)} and Article X]fIV, Section 100-244B for permission to locate addition and reconstruction of dwelling structure with setbacks: (a) at less than the required 75 feet from the bulkhead, (b) at less than the required minimum 35 ft. rear yard at its closest point, and (c) at less than the required 10 ft. and 15 ft. minimum side yards, (d) at less than the total side yards required minimum of 25 feet. Existing dwelling structure is nonconforming as to the northerly side yard, the rear yard, and the setback from the bulkhead. Lot area and width is nonconforming in this R-40 Zone District. Location of Property: 9 Island View Lane, Greenport, NY; County Tax Map Parcel ID No. 1000-57-2-20. 8:55 p.m. Appl. No. 3955 - DOMINICK SBLENDIDO & A. AURICCHIO. Interpretation request!ed regarding ~seoond kitchen facilities and its relation to single-family verses two-family uses, and a variance for addition with an insufficient frontyard Inlet Lane, Greenport. Continued from November 1, setback. 185 1990. 9:15 p.m. Appl. No. 3975 - ARTHUR G. CARLSON. Interpretation and Variance to the Zoning Ordinance, Article III, Section 100-30 (as disapproved by the Building Inspector) for permission to accept delivery of shellfish from local waters, to shuck the shellfish, and to deliver or ship the scallops and/or conches for wholesale distribution. Scallops Page 6 - Legal Notice Hearings to be Held November 29, 1990 Southold Town Board of Appeals and conches to be delivered for off-premises consumption or sales. Zone District: Agricultural-Conservation (AC). Location of Property: 1575 Lower Road, Southold, NY; County Tax Map Parcel No. 1000-69-5-13.2. Continued from November 1, 1990. 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 the time allotted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated: November 9, 1990. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio. Jr. Robert A. Villa Te|ephone (516) 765-]809 BOARD OF APPEALS TOWN OF SOUTHOLD LEGAL NOTICE SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of New York Town Law and the Code of the Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, 53095 Main Road, Southold, NY 11971, on FRIDAY, MARCH 22, 1991: 7:32 p.m. Appl. No. 4008 - TONY AND MARIE KOSTOULAS. Variance to the Zoning Ordinance, Article XXIV, Section 100-239.4A, Section 100-244B, and Section 100-242A for permission construction which will decrease total side yards and reduce yard setback from bluff along the Long Island Sound. Location of Property: 1035 Aquaview Avenue, East Marion, NY; County Tax Map District 1000, Section 21, Block 02, Lot 013. 7:35 p.m. Appl. No. 4006 - ERIC AND MARY ANN ALEXANDER. (Recessed from February 22, 1991) Variance for addition to dwelling with an insufficient side yard setback. Location of Property: South Side of Peconic Bay Boulevard, Laurel, NY; County Tax Map Designation: 1000-128-04-020. 7:38 p.m. Appl. No. 3988 - ANTONIO VANGI. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 and Article XXIII, Section 100-239.4A for permission to construct garage 'Page 2 - Board of ~peals Notice of Hearings Regular Meeting - March 22, 1991 addition with a setback of less than 100 feet from the top of the bluff along the Long Island Sound and with side yards at less than the required 15 and 20 feet. The dwelling as exists is nonconforming as to total sideyards, and the lot area and width are nonconforming in this R-40 Zone District. Location of Property: 645 Glen Court, Cutchogue, NY; County Tax Map Designation: 1000-83-1-17. 7:47 p.m. Appl. No. 4013 (V.A.F. Inc., Current Owner). CARMINE AND VENUSTA CARNEVALE Application requesting review and determination confirming or recognizing of this vacant lot for the purposes of obtaining a building permit for a single-family dwelling use in accordance with the zoning code bulk set-back regulations under Article XXIV, Section 100-244. The subject lot is known and referred to as Lot 50 on the "Map of West Creek Estates," filed on August 19, 1963 as Map No. 3848, and as exempted from lot area and width requirements (Section 100-12). Location of Property: North Side of Glenn Road, Southold, NY; County Tax Map Designation: 1000-78-2-7. 7:50 p.m. Appl. No. 3998 - HENRY AND MARY RAYNOR. (Current Owners: Mr. and Mrs. Albert Mastropaolo). Variances: (1) for approval of access as required by New York Town Law, Section 280A over private right-of-way extending off the north side of Peconic Bay Boulevard, Laurel, to premises identified as County Tax Map Designation 1000-126-04-1, 2, 5; and (2) to the Zoning Ordinance, Article IIIA, Section 100-30A.3, requesting relief under the bulk area requirements Page 3 - Board of ~eals Notice of Hearings Regular Meeting - March 22, 1991 of the proposed northerly parcel of 30,162 sq. ft. and the proposed southeasterly parcel of 27,062 sq. ft. The subject land is located in the R-40 Zone District, and is also shown on the "Map of A.L. Downs" as Lots No. 24, 25, 26, 27, 28, 29, 30. Containing a total combined area of 1.43+- acres. 7:55 p.m. Appl. No. 4005 - THOMAS KELLY and NANCY IANNICELLI. (Recessed from February 22, 1991). Variance to locate garage in an area other than the required rear yard at 2725 Wells Avenue (or Wells Drive per assessment records), Southold; 1000-70-4-16. 8:05 p.m. Appl. No. 4007 - JOHN F. GARRY. Variance to the Zoning Ordinance, Article III, Section 100-33 for approval of accessory gazebo structure in an area other than the required rear yard. Location of Property: 1285 Breakwater Road, Mattituck, NY; County Tax Map Designation: 1000-106-8-48. 8:10 p.m. Appl. No. 4009 - ALEX HOMA~q3NI, CHARLES KAPOTES, AND OTHERS. Variances to the Zoning Ordinance under Article XXIV, Section 100-244B, and Section 100-243A, for permission to construct additions and accessory building: (1) exceeding the maximum lot coverage requirement for all structures/buildings, (2) increasing or enlarging, and reconstructing the existing nonconforming two-family building. (Nonconformities of the subject premises are: lot area, both front yards, and two-family use in this R-40 Zone District.) Location of Property: Corner of Goldin Avenue and Sound View Avenue, Page 4 - Board of ~eals Notice of Hearings Regular Meeting - March 22, 1991 Southold, NY; County Tax Map Designation 1000-135-2-22, 16, 17, 18, 19, (all as one tract of land for purposes of zoning). 8:30 p.m. Appl. No. 3981 - PHYLLIS RAYNE BYER. Variances to the Zoning Ordinance, Article III, Section 100-30A(1), and Section 100-3 for approval of principal (second) dwelling unit, on second flooz over existing antique sales shop and residential apartment. (Subject premises is nonconforming as to the current regulations applicable to lot area, parking and landscaping, and building setbacks in this Limited Business (LB) Zone District.) Location of Property: Corner of Main Road and Bay Avenue, Cutchogue, NY; County Tax Map Designation: 1000-85-3-2.1. 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 the time allotted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated: March 7, 1991. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE that your application dated . .~..t~/.~-,t- ~ ,19 .~ O for permit to ~2 ~..~....~"~'"~>o ~~~ "'~z ...... . .... ;'] ...... ~'"~ .... Hoase No. Street ..... County Tax Map No. 1000 Section .. ~. ~.~ ..... Block ... ~. ~ ...... Lot . ~.'. 4 ........ Subdivision ................. Filed Map No. ~ ............... Lot No ................. is returned herewith and disapproved on the follow~g grounds..~. ~..~.~ .... ~,~ ~) .~.',~~"~.' ............ . ............. .......... ................... ...... ~ ~, . ' Building Inspector RV 1/80 IIClIV~ II :-:~9q~- 4. OCT, O~ IO 'row~ OF SOU'mOLD, ,4~ YOR~C APPEAL ~~I~UILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. :: 1, Name of Appellor~t ................... ~'r'~"~'~l"~l~'~ .......................... ~ L)T~--~'~-D..~..~. ?:.(:~. ..... : ...~. ...... HEREBY APPEAL TO .................................... '~,',>;bpoiiG ....................................... st,i; .... THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPEC"rOR ON / APPLICATION FOR PERMIT NO ..................................... DATED c~ l ~1 1~'O WHEREBY THE BUILDING INSPECTOR DENIED TO ................ ...... .......... ..................... ...... Name of Applicant for permit of ~ ~l~.~V, LF~v~. ~ ('~-c-~e . ~ ............................................................................................Street and Number Municipality ~'""§i~ ........... ~' .......... ( ) PERMIT TO USE ~,~PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ..................................................................................................... Street /Hamlet / Use District on Zoning Map~ District 1000 Section Block Lot 2. PROVISION (S) OF THE ZONING ORDINANCE APP~LED (Indicate the A~icle ~¢ti~, Sub- s~tion and Paragraph of the Zoning Ordinance by numar. ~ not quote the Ordinance.) PE3. OF APPEAL Appeal is made herewith for (please check ~ppropr~e box) A VARIANCE to t~ Z~ing Ordi~e or Zoning ( ) A VARIANCE due to lack of access (State of N~ York Town Low Chap. 62 C~. L~s Art, 16 Sec. 280A Subsection 3 () 4, PREVIOUS APP~k A previous appeal (has.been made with res~ct to this d~ision of the Building Inspector or with respect to this pr~y. Such appeal was ( ) request for o special permit ( ) request for a variance and was made in Appea~ No .....................................................~ ....... ~ ...................................... REASON FOR APPEAL ( )~ Varionce to Section 280A Subsection 3 (v/) A Variance to the Zoning Ordinance ( ) is requested for the reason that ,.~t~ ;~Z j~ .~' t~"i- ~f~q~Tff '~CContinue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce~t~~r unn~:es- san/ HARDSHIP because 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because CHARACTER OF THE DISTRICT because The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE STATE OF NEW YORK COUNTY O~ ) ss ) Sworn to this ..................... ~; .......... day of ...... ~_...~,~,,, ................. 19 e~ otary Publk~ ( ELIZABETH ANN NEVILLE i~otary Public, State of New Yod( o. 528126850, Suffolk Col;Itty Term Expir.~ O~o~r 31.17// TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER, STREET VI LI-AGE DIST, SUB. LOT ~s. ~s~. s~s. w. ~ ~~ ~,cs. ~,. w,u. AGE BUILDING CONDITION N~ NOR~L BELOW ABOVE FA~ Acre Value Per Value Acre Tillable 6RONTA%[ ON WATER House Plot COLOR Garage Total Foundation Basement Ext. Walls ~'o 17~ 2 s" ~_~ Fire Place Type Roof Recreation Room Dormer Floors ~t'erioi -teat ~'~'~ _, ~ Rooms t st Flbor Rooms 2nd Floor Driveway Dinette K. DR. 'BR. ' .... FIN. B LEGAL NOTICE NOTICE IS HEREBY GIVo EN, pursuant to Section 267 of New York Town Law and the Code of the Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, 53095 Main Road, Southold, NY 11971, on FRIDAY, MARCH 22, 1991: 7:32 p.m. Appl. No. 4008- TONY AND MARIE KOSTOULAS. Variance to the Zoning Ordinance, Article XXIV, Section 10~239AA, Sec- tion 100-2441~ and Section 100-242A for permission con- struction which will decreaze total side yards and reduce yard setback from bluff along the Long Island Sound. Location of Property: 1035 Aquaview Avenue, East Marion, NY; County Tax Map District 1000, Section 21, Block 02, Lot 013. 7:35 p.m. AppL No 4006- ERIC AND MARY ANN ALEXANDER. (Recessed from February 22, 1991) Variance for addition to dwelling with an in- sufficient sids yard setback. Location of Property: South side of Peconic Bay Boulevard, Laurel, NY; County Tax Map Designation 1000-128-0~-020. 7:38 p.m. Appl. No. 3988- ANTONIO VANGI. Variance W The Zoning Ordinance, Article XXIV, Section 100-244 and Ar- fide XXIII, Section 100-239.4A for permission to construct garage addition with a setback of less than 100 feet from the U~p of the bluff along the Long Island Sound and with side ~rds at less than the required 15 and 20 feet. The dwelling as ists is nonconforming as to total' sideyards, and the lot area and width are nonconforming in this R-40 Zone District. Location of Property: 645 Glen Court, Cut- chogue, NY; County ~ Map Designation: 1000-83-1-17. 7:47 p+m+ Appl. No. 4013- CARMINE AND VENUSTA CARNEVALE (V.A.F. Ink, Current Owner). Application re- questing review and determina- tion confirming or recognizing of this vacant lot for the pur- poses of obtaining a building permit for a single-family dwetl= lng use in accordance with the zoning code bulk set-ba~k regulations under Article XXI-V, Section 100-244. The subject lot is k~own and refer.red. 50 on the "Map of We~t CrL'ek Estates;' filed on August 19, 1963 as Map No. 3848, and as exempted from lot area and width requirements (Section 100-12). Location of Property:. North side of Glenn Road, Southold, NY; County Tax Map Designation: 1000-78-2-7. 7:50 p.m. Appl. No. 3998- HENRY AND MARY RAYNOR. (Current Owners: Mr. and Mrs. Albert Mastropaolo). Variances: (1) for approval of access as mqnired by New York Town Law, Section 280A over private right-of-way extending off the north side of Peconic Bay Boulevard, Laurel, to premises identified as Coun- ty Map Designation 1000-126- 04-1, 2, 5; and (2) to the Zoning Ordinance, Article IliA, Section 100-30A.3, requesting relief under the bulk area re- · quirements of the proposed nor- theriy parcel of 30,162 sq. ft. and the proposed southeasterly parcel of 27,062 sq. ft. The sub- ject land is located in the Zone District, and is also shown on the "Map of A.L. Downs" as Lots No. 24, 25, 26, 27, 28, 29, 30. Containing a total com- bined area of 1.43:1: acres.' 7:55 p.m. Appl. No. 4005- THOMAS KELLY AND NAN- CY IANNICELLL (Recessed from February 22, 1991). Variance to locat~ garage in an area other than the required rear yard at 2725 Wells Avenue (or Wells Drive per assessment records), Southold; 1000-70-4-16. 8:05 p.m. AppL No. 4007- JOHN E GARRY. Variance to the Zoning Ordinance, Article III, Section 100-33 for approval of accessory gazebo structure in an area other than the required rear yard. Location of Proper- ty: 1285 Breakwater Road, Mat- tituck, NY; County ~ Map Designation: 1000-106-8-48: 8:10 p.m. Appi. No. 4009- ALEX HOMAYUNI, CHAR- LES KAPOTES, AND OTHERS. Variance to the Zon- ing Ordinance under Article XXIV, Section I00-244B, and Section 100-243A, for permis- sion to construct additions and accessory building: (I) exceeding the maximum lot coverage re- quirement for all struc- tures/buildings, (2) increasing or enlarging, and reconstructing the existing nonconforming tv~- family building. (Nonconfor- mities of the subject p~mises are: lot area, both front yards, and two-family use in this R-40 Zone District. Location of Pro- nertv: Comer of Goldin-Aveaue and Sound View Avenue, Southold, NY; County ~ Map Designation 1000-135-2-22, 16, 17, 18, 19, (all as one tract of land for purposes of zoning). '. ~ iPanHS:30 p.m. AppL No. 3981-~-, YLLIS RAYNE BYER. Var- ces to the Zoning Ordinance, Article II!, Section 100-30A(I), and Section 100-3 for approval of principal (second) dwelling unit, on second floor over ex- isting antique sales shop and residential apartment. (Subject premises is nonconforming as w the current regulations ap- plicable to lot area, parking and landscaping, and building set- backs in this Limited Business (LB) Zone District.) Location of Property: Corner of Main Road and Bay Avenue, Cutchogne, NY: County 'Fax Map Designa- tion: 1000-85-3-2.1. ~ The Board of Appeals w~ ~ ali persons or representatim desiring to be he~d in each of the abo~ mnn~. Written com- mentz may. also be submitted prior to the conclusion of the subject hearin~ Each heari~ will not start before the time allotted. Additional time for your presentation will be available, if needed. For mom information, please call '/65-1809. Dated: March ?~ 1991. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRING£R CHAIRMAN. IX-3/14/91(19) Copies of the Legal Notice for Hearings to be held 3/22/91 were sent to the following on 3/8/91: Mr. Vito Randazzo 127 Swan Lake Drive Patchogue, NY 11772 Mr. and Mrs. Eric H. Alexander 4580 Peconic Bay Boulevard Laurel, NY 11948 Mr. John Scaramucci 2045 Westphalia Road Box 1403 Mattituck, NY 11952 Marie Ongioni, Esq. 218 Front Street P.O. Box 562 Greenport, NY 11944 Mr. and Mrs. Carmine Carnevale 1522 North Garbiner Drive Bay Shore, NY 11706 Mr. and Mrs. Henry Raynor, 320 Love Lane Mattituck, NY 11952 Jr. Dr. R. Tabi 2 Lloyd Haven Drive Huntington, NY 11743 Mr. J. Douglas Peix 50605 Main Road Box 333 Southold, NY 11971 Mr. and Mrs. Richard Wickbodt 25 Beach Road Great Neck, NY 11023 Ward Associates, P.C. 1500 Lakeland Avenue Bohemia, NY 11716 Mr. and Mrs. Stanley Kemptner P.O. Box 1718 270 Golden Lane Southold, NY 11971 (Continued mail list for 3/22 hearings:) Mr. and Mrs. John Garry 1285 Breakwater Road Mattituck, lqY ~ ~er Olsen, Esq. Main Road _ P.O. Box 706 ~.~..~Cutchogu~, NY 11935 James A. Schondebare, Esq. P.O. Box 1018 Southold, NY 11971 John M. Wagner, Esq. Esseks, Hefter & Angel 108 East Main Street P.O. Box 279 Riverhead, NY 11901 Times-Review Long Island Traveler-Watchman, Inc. ZBA Board Members with copies from files Individual hearing folders Original posted on Town Clerk Bulletin Board 3/7/91 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chaimaan Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 March 15, 1991 Gary Flanner Olsen, Esq. P.O. Box 706 Main Road Cutchogue, NY 11935 Re: Appl. No. 3981 - Byer Variance Dear Mr. Olsen: This letter will acknowledge receipt of your letter dated March 12, 1991 requesting a recess of the subject appeal. By telephone today, you also indicated that you are discussing removal of the apartment use on the second floor with your client and in turn withdrawing the subject variance appli- cation. The subject hearing will therefore not be held as advertised for March 22, 1991. We look forward to receiving your update prior to the April 5, 1991 advertising deadline for the latter April hearings calendar. CC: Very truly yours, GERARD p. GOEHRI~GER CHAIP~ Jmes A. Schondebare, Esq. Mr. and Mrs. Richard Lebkuecher Mrs. Phyllis Rayne Byer COUNSELLOR AT LAW P.O. BOX 706. MAIN ROAD · CUTCHOGUE. LoNg ISLAND. NEW YORK March 12 I991 Re: Appl. No. 398I Phyllis Rayne Byer Variance Dear Linda: Please be advised that I have been requested by Phyllis Rayne Byer to represent her in re the above captioned matter. In reviewing the Notice of Disapproval from the Southold Town Building Department dated September 21, 1990 it is noted that the building inspector referred to Article III Section ]O0-30A (1). I cannot find such a section in the Zoning Code. Under Article III there is a Section ]O0-3]A (1). There is also an Article IIIA Section ]00-30 A.]. which relates to a Low Density Residential R-40 District which use district is tota]ly unrelated to the subject premises which is zoned Limited Business (LB) District. Due to the fact that there appears to be a technical error on the face of the Notice of Disapproval I would respectively request that the hearing scheduled for March 22, 199] be recessed so that I can communicate with the building department in order to review the issues raised in this letter. Very trul GARY FL~ GFO:Imk Southold Town Zoning Board of Appeals Main Road Southold, NY 1]971 Attn: Linda Kowa]ski APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Origorfis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: DATE: RE: Jerry, Serge, Charlie, Jim and Bob March 11, 1991 Inspection of Interior of Building - Byer Hearing calendared for 3/22/91 Mrs. Byer has agreed to an interior inspection of her building at Skunk Lane and the Main Road, Cutchogue (at the antique store, front door) on Saturday, March 16, 1991 at 10:00 a.m. Please confirm whether or not you would like to join in this on-site inspection. (Mrs. Byer will be traveling out from New York City on Friday evening, and is returning to NYC on Saturday.) Thank you. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Origonis, 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 February 22, 1991 Gary Flanner Olsen, Esq. Main Road P.O. Box 706 Cutchogue, NY 11935 Re: Appl. No. 3981 - Phyllis Rayne Byer (Variances) Dear Mr. Olsen: This letter will confirm that the above matter has been calendared for a continuation of the public hearing to be held on Friday, March 22, 1991 (during the evening). The exact time will be provided by way of a copy of the Legal Notice in the near future. Please feel free to contact us if you have questions concerning Mrs. Byer's application. Very truly yours, Linda Kowalski cc: James A. Schondebare, Esq. APPEALS BOARD MEMBERS Gerard P. Ooehringer, Chairman Charles Origonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box I179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 October 31, 1990 Ms. Phyllis R. Byer P.O. Box I161 Cutchogue, NY 11935 Re: Appl. No. 3981 - Variances Dear Ms. Byer: This letter will acknowledge receipt of your application for a variance and confirm that the Board Members will be individually conducting field inspections and reviews as may be required by state and local laws during the next couple of weeks concerning your application. The public hearing on this application is expected to be held on November 29, 1990 at the Southold Town Hall, Main Road, Southold, and a copy of the notice of hearings as published in the Long Island Traveler-Watchman and the Suffolk Times will be sent to you as confirmation (with the exact timeJ in the near future, with publication in the newspapers by our office at least one week before the hearing.. Should you have any questions, please feel free to call. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski NOV 2. ? ~990 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 STATE OF NEW YORK : COUNTY OF SUFFOLK BOARD OF APPEALS. TO$;I'~ OF SOUTHOLD. REGULAR MEETING Town Hall 53095 f4ain Road Southo!d, }~ew York November 29, 1990 8:05 P..M. 11971 BEFORE: GERAP~ P. GOEHRINGER, Hearing Officer ORIGINAL RAM Court Reporting 633 E~t Main St. RIverhead, N.Y. l~901 1 2 3 4 5 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 12 enclosed in anyway? MR. MULCAHEY: Not to my knowledge. HEARING OFFICER: That would be the restriction from the Board if the variance was so granted. Thank you very much. That is the only question I have. MR. MULCAHEY: Thank you. HEARING OFFICER: Is there anybody else that would like to speak in favor of this application? Is there anybody who would like to speak against the application? Are there any questions from Board members? If there are no further questions, I will make the motion to close the hearing reserving the decision until later. All those in favor say aye. BOARD MEMBERS: Aye. HEARING OFFICER: Thank you very much for coming in. Next we have an appeal on behalf of Phyllis Rayne Byer, Number 3981. I have a copy of the survey dated June 18, 1976 on behalf RAM Court Reporting Servlee 6~ E~t Mfdn St., Rlve~heml, N.Y., 11901 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 13 of ~antile. P.C. indicating a lot area of approximately 10,510 square feet and I have a copy of a Suffolk County Tax Map indicating that an adjoining property in the area. Is Mrs. Byer present? She has asked for a postponement of this Hearing. Is there anybody that would like to say anything concerning this application that might not be here for the January meeting? Seeing there are no hands, I will make a motion to recess this Hearing for the next regularly scheduled date. All those in favor say aye. BOARD MEMBERS: Aye. HEARING OFFICER: We will take a recess. (Whereupon, the above-mentioned hearing concluded at 8:40 P.M. and a brief recess was taken.) (Whereupon, after recess another Hearing commenced. (Continued on the next page.) at 8:45 P.M., RAM Court Reporting 8ervlee Main gr. Rlverhoad, N.Y. I1~01 (J16) ~?.3168 APPEALS BOARD MEMBERS Gerard P. Ooehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. Yours very truly, Enclosure GERARD P. GOEHRINGER CHAIRMAN Copies to the following on or about 11/13/90: L.I. Traveler-Watchman (delivery 11/13) Suffolk Times, Inc. (delivery 11/13) Bulletin Board (Lobby) Individual ZBA files J. Kevin McLaughlin, Esq. Mr. Herbert Lindtveit (hand-delivery 11/13) Mrs. Beverly Lehr (hand-delivery 11/13) Mr. John Scaramucci, P.O. Box 1043, 2045 Westphalia Road, Mattituck, NY 11952 (Re: Vangi) Mr. Sanford Friemann, P.O. Box 915, Cutchogue 11935 (Re: H & S) Mr. Curt Meyhoefer, 2195 Albertson La, Southold 11971 (Re: Copin) Marie Ongioni, Esq., P.O. Box 562, Greenport 11944 (Re: Copin) John M. Wagner, Esq., P.O. Box 279, Riverhead 11901 (Re: Sun Oil) Donald M. McGayhey, Esq., Box 981, Southold 11971 (Re: Maloney) ~rs. Phyllis Rayne Byer, Box 1161, Cutchogue 11935 Re: Milazzo: Salvator A. Caradonna, 23 W. John St., Hicksville, NY 11801 Mr. John Milazzo, 137 Kings Road, Hauppauge 11788 Mrs. Muriel Baldwin, 1045 Island View La, Greenport 11944 Philip J. Cardinale, Esq., P.O. Box W, Main Rd, Jamesport 11947 Marie Ongioni, Esq. (same as above) Mr. Victor Lessard, Principal Building Inspector Mr. Arthur G. Carlson, Box 693, Southold 11971 ~ICE OF HEARINGS ?C~IYEN, pursuant to Section 267 of the Town Law and the ,.~ Code of the Town of Somhold, 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, NOVEMBER 29, 1990 at the following times: 7:30 p.m. Appl. No. 3972-- PETROL STATION LTD. Hearing continued from November 1, 1990. 7:35 p.m. Appl. No. 3985-- HERBERT AND CATHER- INE LINDTVEIT. Variances to .. the Zoning Ordinance, Article .,XXVIII, Section 100-239.4B and Article XXIV, Section 100-244B for proposed one- "-story and second-story additions with two-foot over-hangs (can- tilevers). Portion of additions will be less than 75 feet from bulkhead along Corey C~ek and will reduce both side yards to less than the minimum re- quired at 10 and 15 feet. The dwelling as exists has noncon- forming-side yards, and the lot area and width are also noncon- forming in this R-40 Zone Dis- trict. Location of Property: 625 Windy Point Lane (Private Road #12), Southold, NY; County Tax Map Parcel 1000-87-4-7. 7:40 p.m. Appl. No. 3986--- BARRY AND BEVERLY LEHR. Variance to the Zoning Ordinance, Article III, Section 100-30.2A for approval of the location of accessory building ,,.located in an a~ea other than the required rear yard and located within 75 feet of the bulkhead~ along Goose Creek (a/k/a West Creek). Lot is nonconforming ns to lot area and width in this R-40 Zone District. Location of Pro- perty: 15 Sun Lane, Southold; also referred to as Lots 1 & 2 on the Subdivision map of "West Creek Development" filed July 6, 1937 as County File No. 1236. County Tax Map Parcel ID No. 1000-76-1-1. 7:45 p.m. Appl. No. 3988-- ANTONIO VANGL Variance to the Zoning Ordinance, Article XXIV, Section 100-244 and Ar- ticle XXlII, Section 100-239.4, for permission to construct garage add~tton wtth a setback of less than 100 feet from the top of the bluff along the Long Island Sound and with side yards at less than the required 15 feet and 20 feet. The dwelling as exists is nonconforming as to total sideyards, and the lot area and width are nonconforming in this R-40 Zone District. Loca- tion of Property: 645 Glen Court, Cutchogue, NY; Vista Bluff Map No. 5060, LOt #1; County Tax Map Parcel ID No. 1000-83-1-7. 7:55 p.m. Appl. No. 3987-- H&S ASSOCIATES by Sanford Friemann. Variance to the Zon- ing Ordinance, Article X, Sec- tion 100-102 (Bulk Schedule) for approval of insufficient frontage (lot width) (as exists) along the Main Road of proposed Lot #3 and for approval of insufficient lot depth of proposed Lot 6'2, in this pending minor subdivision, and for approval of access ac- cording to New York Town Law, Section 280A over a private right-of-way. Zone Districts: B- General Business and Agricul- tUral-Conservation. Location of Property: North Side of Main.: [ Road, Cutchogue, NY; County Tax Map Parcel ID No. 1000-102-2-24. Total area: 19.596 acres. 8:05 p.m. Appl. No. 3977-- BETTY J. COPIN. Continued from November 1, 1990. 8:15 p.m. Appl. No. 3788-- SUN REFINING & MARKET- ING. Variances to the Zoning Ordinance, Article X, Section 100-102: (1) for permission to es- tablish convenience store use in conjunction with and accessory to the existing gasoline station use on this substandard parcel which contains less than 30,000 SCl. ft. in lot area; (2) for inter- pretation as to height limitation of accessory (canopy) structure, and (3) for approval of canopy structure in the front yard loca- tion. Location of Property: Cor- ner of the Easterly Side of Fac- tory Avenue and Northerly Side of the Main Road, Mattituck, NY; County Tax Map Parcel ID No. 1000~142-1-27. 8:30 p.m. Appl. No. 3983-- JANET MALONEY. Variance to the Zoning Ordinance, Arti- cle XXIII, Section 100-239.4B for approval of deck within 75 feet of bulkhead along Hog Neck Bay. LOt is nonconform- ing as to lot area in this R-40 Zone District. Location of Pro- petty: 30 West Lake Drive and 2505 Little Peconic Bay Lane, Southold, NY: County Tax Map Parcel ID No. 1000-90-1-25; Cedar Beach Park Lot No. 125, filed Map No. 90. ~ 8:35 p.m. Appl. No. 3981-- ~ PHYLLIS RAYNE BYER. Variance to the Zoning Ordi- nance, Art ce III, Section 100-30A(I), as disapproved, for approval of second dwelling apartment unit, ns exists. Build- ing as exists contains two dwell- ing units and retail store in this Limited Business (LB) Zone District. Lot is nonconforming ns to lot area, width and depth. Location of Property: Corner of. South Side of Main Road and the East Side of Bay Avenue, Cutchogue, NY; County Tax Map Parcel ID No. 1000-85- 3-2.1. ,,....8:45 p m App No. 3973-~ JOHN AND ROSE MILAZZO. Variances to the Zoning Ordi- nance, Article XXIII, Section 100-239.4 [a/k/a 100-239d(B)] and Article XXIV, Section 100-244B for permission to locate addition and reconstruc- tion of dwelling structure with setbacks: (a) at less than the re- quired 75 feet from the bulk- head, (b) at less than the re- quired minimum 35 ft. rear yard ,.at its closest point, and (c) at less "lhan the required 10 ft. and 15 ft. minimum side yards, (d) at less than the total side yards re- quired minimum of 25 feet. Existing dwelling structure is nonconforming as to the nor- therly side yard, the rear yard, and the setback from the bulk- head. Lot area and width is non- conforming in this R-40 Zone District. Location of Property: 9 Island View Lane, Greenport, NY; County Tax Map Parcel ID No. 1000-57-2-20. 8:55 p.m. Appl. No. 3955-- DOMINICK SBLENDIDO & A. AURICCHIO. Interpretation requested regarding second kit- chen facilities and its relation to single-family versus two-family uses, and a variance for addition with an insufficient frontyard setback. 185 Inlet Lane, Green- port. Continued from Novem- ber 1, 1990. 9:15 p.m. Appl. No. 3975 "' ARTHUR G. CARLSON. Interpretation and Variance to the Zoning Ordinance, Article ,111, Section 100-30 (as disap- proved by the Building Inspec- tor) for permission to accept delivery of shellfish from local waters, to shuck the shellfish, and to deliver or ship the scal- loin and/or ~ fo~ ~ sale di~ribution. Seallo~ and conch~ to ~ ~ f~ off- p~i~ ~umptlon or ~ ~ne ~stH~: A~lluml- ~uthold, ~; County ~ Map ~l No- I~1~.~ Con- finu~ from N~r !, I~. ~e B~ of A~ls ~ at ~d ~me ~d p~ h~ ~ ~d ~1 ~ or ~ d~ si~ng to ~ hea~ in ~ch of the abo~ mat~r~ Wilton mm- ments may al~ ~ submitt~ p~or to the ~nclusion of the subj~ he~. ~ch h~ng will not s~ befo~ the t~e al- lotted. ~ditional time for ~ur p~enmtion ~ll ~ a~ilablg if nsed~. For mo~ info~ation, ple~e ~ll 765-18~. Dated: No~m~ 9, I~. BY ORDER'OF THE ~UTHOLD ~WN ~ARD OF APPEALS GE~RD P. GOEHRIN~ER CHAIRMAN By Linda ~walski ~X, U/~ (30) 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 Cour~ty; 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 successive!y, commencing on the ......... .,~,~-...~. ....... Sworn to before me this ....... ~ ......... day of ........... .. . . . , ,9 , , Notary Public BARBARA A. 8CHNBI)BI NOTARY PUBUC, 81atto.of Rim ~ No. 4806M$ Qualified in Sulf~k ~ __ · - ..... EBY OIVEN,~ pun~nt to Section 26'/of the Towu Law ~d tha Code of the Town o~ Southold. the following hearing~ wiE be held by the SOUTHOLD · TOWN BOARD OF APPEALS st a Regular Meeting, at the Southold Town Hall, Main Road, Sonthold, NY 11971, on THURSDAY,~ NOVEMBER 29, 1990 at the ful- lowing tlmes: PETROL STATION LTD. Hearing continued f~m Novembe~ 1, 1990. 7:35 p.m. AppL No. 3985 -- HERBERT AND CATHERINE riga 100-239.4R and Article XXIV, Sec~cn 100-244B for Mqmsed cae- two-fo~ over-hangs (cantilevers), 75 feet from bulkhead along Co~ey~ Creek and will reduce both side yauls to leas thru fha mlnlmnm n~luimd at 10and 15 feat. The dwelling as exbts has noncunformlns side yards, and the Ia( I~a md wldth am also non. cuninnnin& in this R-40 Zone Dis- trier, Location of Property: 623 Windy Point Lane (Private Road Pan~ 1000-87-4-7. '/:40 p.m. Appl. No. 3986 -- BARRY AND BEVERLY LEHR. Variance to the Zoning Ordinance, Article m, Section 100-30.2A for approval of the Iocition of acceuoty building located in an area other than thc required rear yard and located within 75 f~ of the bulk- head along Goose Creek (a/k/a Went Creek). Let is nofleunfenni~ as to let area and width in this R-40 Zone District. Location of Property: 15 Sun Lane, S~xathold; also ~fem:d to as Lots I & 2 on the Subdivision map of =West C~ek Development" f~d July 6, 1937 as County File 1236. County Tax Map Parcel ID NQ, 1000-76-1-1. - '/:45 p.m. AppL No. 3988 -- ANTONIO VANGI. Variance to Ihe Zoning Ordinance, Article XXIV, Seotion 100-244 and Anlcin XXBI, Section' 100-239.4, for pemfissim to back of less than 100 feet from the top of the bluff along thc Long Island S~md and with side yards It less than the n~quized 15 fee~ and 20 feet. The dweEing as exists is non- ~g as to to,al sideyanJs, and conforming in this R-40 Zone Dis- Main Road, Catchog~, N~ ~Gunty side yanis ~ m~ ~ ~ P~ ~ N~ 1~1~-2- f~ ~i~g d~g s~m is ~. ~ ~: 19~ ~t ~ ~g as m ~ ~ly 8:05 p.m. Appl. No. 3977 ~ s~ ~,~a ~y~ ~ m- BEI-I'Y L ~P~. ~ f~ . ~ f~ ~e ~d. ~ N~I, 1~ ~ '~ :;~ ~ ~d ~ h ~ 8:15 p.m. Appl. No. ~788 ~ ~ R-40 Zone Dist~cc L~a~ion S~ ~G & ~G. - Pm~y: 9 Island View Variances to the Zoning O~dlnance, Aflkle X, Section 100-102: (l~for pennissina to estabJbh oae~mlence store use in conjunction with and accesso~/to the existing gasolinel~ cai which contains less than 30,000 sq. fL in kx a~K (2) for inmgKaa. so~/(canopy) stint, me, and O) for approval of canppy structure in the front yard location. Location of Property: Comer of the Easterly Side of Factory Avenue and Nonhorly Side of the Main Road, M~trituck, NY; County Tax Map Par~.l IDNo. 1000-142-1-27. g:30 p.m. Appl. No. 3983 ~ IANET MALONEY. Variance to the Zoning Ordins~ce. Article XXlH, Section 100-2~9.4B fo~ ~,,~,al of _ Grecnport, NY; County Tax Map Parcel ID No. 1000-57-2-20. g;55 p.m. Appl. No. 3955 DOMINICK SBLBNDIDO & A. AURICCHIO. Interpretation mques~l regarding secund kitten facilities and its relation to single- family ven~ mo-family uses, and a cleat ftontyard setback. 185 Inlet Lane, G~enpo~ Continued from~,~/ Novemba~ 1.1~0. 9~15 p.m, Appl. No. 3975 ~ ARTHUR G. CARLSON. Interpretation and Variance to the tiun 100-30 (as disapproved by the Building Inspector) for permission to aceqX d~llvez~ of shallfish from and to deliver or ship the scallc~s deck within 75 feet of bulkhead abd/or cenches for wholesale dis~- along Hog Neck Bay. Lot is non- ~ = hatkm. Scallops and conchos to be ooflfonnin.g, as to I~ MBa in this R- ~ ~ ;- delivel~ f4x~temises censum~ 40 Zone Dlmict. Location d Prep- ~ i' "ti~ or gains. Zune D/~ict: Agdcul- any: 30 West Lake l)dve and 2505 total-Conservation (AC). Location Little Peconic Bay Lane, ~thold, of Property: 1573 Lower Road, NY; C~unty Tax Map Parcel ID No. - Southdd, NY; C. eunty Tax Map Pa~- 1000-90-1-25; Cedar Beach Park / eel No. 1000-69-5-13.2. Cuntinued L~No. 125, f, ledMapNo. 90. tn.'~ "i bom Novanhor l, 1990. .. ~pH~I - RAYNEBYER. Vafiance tnne and place haat any and all par. to the Zoaln~ DixEnanc~, Article IH, ;~ Km ot ~qpKsenonlves des~ng to Ix: for approval of secoztd dwelling '*' Wdttm ecx~n~ts may ~ ba sub- apamnem unit, as exim. Buildin~ as ~ miued Inior to the conclusion of exists contains two dwelling ~nits subject heating. Each heating wiHr and mail ~ in this Limited Busi- not start bafom the time allotted. ness (1.n) Zone Distrlct. Lotisncn. C.. Additional time for your cuninnning as to lm ama, width and semarion will be available, if need- degth. LocatiunofPmpeny: Con~r - ed.F~moreinfe~matiGn, pl~uecall Corot, Cutchosun, NY; Vista Bluff of 5onth Side d Main Rmut aed thz '. 765-1809 7'53-m a~.~ No -~no~ ~,*_ ~ y ~ap , :. uxuloJI~KOFTHESOUTHOLD mg q. nat. / JOHN AND ROSE MILAZZO (Bulk Schedule) for egg, oval d in- ,;d.A~ide XX~I, Section 100-239 4 sufficient f~x~tage 0or width) {at ~'~ ~{a/k/a 100-239d(B)} and Article "=~= ' ' ~ ' '~' exists} along the Main Road of pm- i:~;XXIV, Section 100-244B for peT- , In tins penamg m~nor sur~- ;?~ wish setbacks: (a) at less than the ~ divisiQn, md for a~v,,,val of ~ _,.,~__* ~ rc~ miaimcl 75 feet from the bulkhaedl~ icc°rdin8 to New Yc~k Tov, n Law, ~ ~:.. (b) at less than the ~equimd mini.' way. Zune ~.'?: B-~neral ~ point, nd {c) m less than the ~* STATE OF NEW YORK} } SS: COUNTY OF SUFFOLK} Sharon Rock of Mattituck, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck, in the Town of Southold, County of Su~'i'olk and State o~' New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks. successively, commencing on the 15 day of November 1990 '. Principal Clerk Sworn to ]~ore me this day Southold Town Board of Appeals HAIN R[3AD- STATE RrlA.D 25 SI3UTHI3LD, /.I,, N.Y. 11c:J71 APPEALS BOARD MEMBERS GERARD P. GOEHR)NGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. Da~e: ,S.E.Q.R.A. UNLISTED ACTION November ]5, TELEPHONE (516) 765 1809 1990 Notice of Determination of Non-Significance Appeal No. 398l Project/Applicants: County Tax Map No. Location of Project: Phyllis Rayne Byer 1000- 85-3-2.1 55 Skunk'Lane & Route 25, Cutchogue, NY Relief Requested/Jurisdiction before this Board in this Project: Approval of second dwelling unit in conjunction with existing business and existing residential unit. 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: { X } this Board assumes Lead Agency status and determines this project to be an Unlisted Action (uncoordinated) noting these findings: { } the project is proposed in an area with land contours 10 or more feet above mean sea level; { bulkheaded; } the area seaward of the proposed construction is { structures; } the project is proposed landward of existing { } this Board does not wish to be Lead Agency since the area of jurisdiction is minimal and not directly related to new construction (such as nonconforming use variance or use permits); { } this Board wishes to assume Lead Agency status and urges coordinated written comments by your agency to be submitted within the next 20 days. For more information, please contact our office. Copies to: Planning Board, Town Trustees, N.Y.S.D.E.C. and/or Suffolk County Department of Health Services. 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: SOUTHOLD TOWN ZONING BOARD OF APPEALS FROM: JUDITH T. TERRY, SOUTHOLD TO~/bl CLERK RE: ZONING APPEAL NO. 3981 OF PHYLLIS RAYNE BYER DATE: OCTOBER 9, 1990 Transmitted is application for variance submitted by PHYLLIS RAYNE BYER together with notification to adjacent property owners; Notice of Disapproval from the Building Inspector; Short Environmental Assessment Form; Zoning Board of Appeals Questionnaire form; Certificate of Occupancy dated 6/13/86; Survey of property; Deed of property; & Property Record Card. ' [P"OJEC~,.D..UMDE. [ 617.21 ~, Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only P_ART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 3. PROJECT LOCATION: 5. IS PROPOSED ACTION: ~r~M~if [] New E] Exl~anslon Icatlonlalteratlon 6o r~E_~CRISE PROJECT BRIEFLY: ?. AMOUNT OF LANO AFFECTED: SEQR WHAT IS PRESENT LAND USE IN VICINITY OF P ECT? i [] Residential [] Industrial ~ial [] Agrlcultu,e [] ParkiForesllOpen space [] Other OescrJPe: DOES ACTION INVOLVE A PERMIT APPROVAl. OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE_.~P~OCAL)? ~ Yes [] NO l! yes, list agency(s) and permit/approvals ' ~. AS SULT OF ..O.OSED ^eTlON W,LL EX~STIN~ "ERM~T,^PPROVAL REOU~RE MODiFiCATION? I--INo I CERTIFY THA THE INFORMATIO PROVIDED ABOVE TRUE TO THE BEST OF MY KNOWLEDGE s,o..,u,, y ,, '" ~'hel~:~ll~;n the C°a, s_tal Ar.ea: and you ~complete lhe L sessmenr form r)emre proceeding with this assessment OVER 1 (Continued on reverse side) The N.Y.S. Environmental Quality Review Act r u before any action is taken. INSTRUCTIONS= (a) In order ~o answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- (c) If all questions have been answered No it is likely that the project is not significant. (d) ~nvlronmental Assessmen~ 1. Will project result in a large physical change /NO ' to the project site or physically alter more than 10 acres of land? 2. Will there be a major change to any unique or 3. Will project alter or have a large effect on an existing body of water? ___Yes 4. Will project have a potentially large, impact on /No groundwater quality? Yes 5. Will project significantly effect drainage flow on adjacent sites? ~Yes 6. Will project affect any threatened or endangered plant or animal species? .__Yes ?. Will project result in a major adverse effect on air quality? __Yes 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological impprtance or any site designated as a critical ear,re,mental area by a local agency? ..__Yes ~No 10. Will project have a m~jor effect on existing or future recreational opportunities? .___Yes ll.Will project result in major traffic problems or cause a major effect to existing transportation · systems?' ._._Yes 12. Will project regularly cause objectionable odors, ~!~e, glare, vibration, or electrical disturb- 13.Will project have any impact on public health or safety? 14. Will project affect the existing community by directly causing a growth in permanent popula- period or have a major negative effect on the charact~ of the community or neighborhood? QUESTIO:~NAIRE TO BE COMPLETED AND SUBMITTED YOUR APPLICATION FO~.IS 'FO THE BOARD OF APPEALS 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 submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours? Yes~ 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 waterway without bulkhead? Yes Are there existing structures at or below ground level, such as patios, foundations, etc? ~ A]~]-~-~ 50~ Ye~ No Are there any existing or proposed fences, c~ncrete barriers, decks, etc? If project is proposed for an accessory building or structure, i~ total height at more than 18 feet above average ground 1-~17 State total: ..... ft. If project is proposed for principal building or structure, is total height at more than 35 feet above average groundl-~l? 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: .... No Yes No Yes NO Xes~ 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 County Health Department Village of Greenport N.Y.S.D.E.C. Other 10. 11. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from contract) 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? 13. Please list present use or operations conducted upon the subject property at this time ~T~O~-- + ~%J~3~.~e~_~l.~6~ and proposed ~ ~ Please submit photographs for the record. Yes Yes Yes Yes Yes Yes Yes Yes N.~ I c~.~tify that the above statements are true and are being submitted for Appeals in considering my application. by ~e Board.~ Signature ([~perty Owner) (Authorized Agent) 1/88 f WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 by L.L. No. 6-1985]: A. TIDAL WETLANDS: (1) All lands generally covered or intermittently cm,- ered with, or which border on. tidal waters, or lands lying beneath tidal waters, which at mean Iow tide are covered by tidal waters to a maximum depth of 'five (5) feet. including but not limited to bank.~ bogs. salt marsh, swamps, meadows, ftaLa nr other Iow lying lands subject to tidal action: (2) All banks, bogs. meadmvs, flats aud 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, tail cordgrass, high bush, cattails, gronndsel, marshmallow and Iow 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 lamlward of the m~tst landward edge of such a tidal wetlamL FRESIIWATER WETI,ANDS: (1) "Freshwater wetlands" as defined in Article 2.1. Ti- tle 1. § 2'1-0107. Subdivisions l(a) to l(d) inclusive. of the Environmeutal Couservation Law of the State of New York: and (2) All land immediately adjacent to a "freshwater wet° land," as defined in Subsection B(1) and lying with- in seventy-five {75) feet landward of the most land- ward edge of a #freshwater wetlaad.' 9705 TOWN OF SOUTIIOLD OFFICE OF BUILDING INSPECTOR TO%VN HALL SOUTHOLD, NEW YORK CERTIFICATE OF OCCUPANCY NONCONFORMING PREMISES THIS IS TO CERTIFY that the /~.~ Land Building(s) _ Use(s) pre C.0.~ Z14506 Date June 13, 1986 located at 37070 Main Rd. & 55 Skunk Lane Cutchogue Street h~mlet '- ....... '"~+ ~ '~ iCOG, Section ~ ~l~ck 3 Lot 2.1 , does not conform to the present Building Zone Code of the Town of Southold for the following reasons: Insufficient total area. Insufficient width. Non-conforming residen&~. On the basis of information presented to the Building Inspector's Office, it has been determined that the above noncop_forming ~ Land ~/Building(s) /5/Use(s) existed on the effective date the present Building Zone Code of the Town of Southold, and may be continued pursuant to and subject to the appli- cable provisions of said Code. IT IS FURTHER CERTIFIED that, based upon information presented %o the Building Inspector's Office, the occupancy and use for which ~his Certffi- Property split by Z.B.A. ~2086 in May 1976. cate is issued is as follows:_propmrty conkains a two story wood framed house with an attached one & one half story store. Prpperty is situated in the B-1 General Business District with acceSS to Main Road; a state maintained road; and Skunk Lane; a town mazntamne~ road. The Certificate is issued to of the aforesaid building. PHYLLIS RAYNE BYER (owner, Suffolk County Department of Health Approval N/A UNDERWRITERS CERTIFICATE NO. %703547 Building.Inspect or BUILDING DEPARTMENT T0%'DT OF SOUTHOLD, N. Y. Location Subdivision HOUSING CODE INSPECTION REPORT 37070 Main Rd. & 55 Qnum0er & street) Skunk Lane,Cutchogue (Municipality) Map No. Lot(s) Name of Owner(s) PMYLLY~q RAYNE BYER Occupancy House (2 apts)--Countr¥ store (type) (owner-tenanT) A~mitted by: owners Accompanied by: owners Key ~vai!able ~ Suffolk Co. Tax No. 85-3-2.1 Source of request Date 5715/86 D~,~LLIMG: Type of construction WOOD Foundation Rlo~ ~ Mr~ck Total rooms, 1st. Fi 5 + Kit. Bathroom(s) ] full & ~ bath Porch, typ~ wood Breezeway Type Heat Gas Fireplace(s) Domestic hotwater Other #stories Cellar Crawl space 2nd. Fi 3 rm +bat~rd. F1 Toilet room(s) Deck, typ~ Garage ~Warm Air No. Exits Patio, type Utility room Hotwater xx Airconditioning ~TyPe heat·erqas hot water heater ACCESSORY STRUCTURES: Garage, type ccnst. ---- Storage, type const. Swimming pool .... Guest, type const. Other store attached-front of house ~ C(~NSU~T YOUR LAWYIrR II SIGHING THIS INSTRUMENT -THIS INSTRU SHOULD BE USED ~Y LAWYERS O~LY is con- ~IS I~E~ madethe 16th day of ~ May , nineteen hundred and seventy-seven lance i~ BE~EEN ne amour mor tgac. 3umed b5 ~ntee P R B WARES, INC., a corporation organized under and existing by virtue of the business law of the State of New York, having its principal office at (no number) Main Road, Cutchogue, New York 11935 party of thc first part, and R-80" R-80 LITTLE PEGONIG STnTF OF NEW YORK COUNTY SUFFOLK TOWN OF SOUTHOLD SW!$ - ~73889 ~A~CEL'iD REAL C R O S S R E F E R E N £ 35. -2-4 tiS. -2-6 8S. -2-9.2 Y CK -- c o~c G~T~E~FR ~/4~ S~~,~.F0° ~ ~ C PJ BAGLIVI JOHN ~ AMY S ~ C'~ .... 1,600 ~i I ~gUU ~ C gV COOK g~LBUR ~ ~ARION 1~800 C SH 9ARRY G~RALD J ~ ORS 1~100 fl$.__2.27 C OS STOJAN LAWRENCE C ~H J EMINEz HILOA C PI STOJAN LAWRENCE C QU DAMIANOS HEROOOTES C TC LENZ PETER & PATRIC[A c sz C~C~ANOW~CZ FRA~Z ~R C ~V ~EL~ TH0~AS ~ JEAN C ~ TNOMPSoN THOmaS & WF ~C QT GRATTAN KATHERINE I C SF KRUPSKI F~ANK & WF C T~ CARTSELos CMAR~ES & WF ~C ON LYNCH KEVIN & CHERYL ~ GF R~CHMOND ALBERT W & WF C PZ ~OLIwODA THOMAS & MARE C UV KLOS ROBT ~ FRANK csx KRUPSKI ALBERT j ~ ~F COP BOCK ELIZABETH ANN C ~I ~ORALESKI ROSE C PF BRIARCLIFF SO) C QB B & J REALTY C ~Y R~-~-"~E ~'L'T¥ -C 0 1,100 5-'500 600 1,600 2,400 9,000 10,000 1 9.200 1-500 I $.100 ?,?00 1,600 1,600 1.600 1,600 1,600 1.200 -1'600 1.600 1,60J) '-~ 1,600 1,600 1.600 ? l~&oo 800 &DO ~00 ~0 600 1,700 1, 1.600 '~0o 5,500 9, ~;000 5, 1,200 6.~00 6, 12.500 12, 1~-200 6,200 6,100 6, ';00' 51 PA RCEL-S-- (-A CT yVE) ion f.~%~.' is con- lance i: ne amoun h mortga~i ;umed bM tntee SEC, BLOCK gOT ¢gN~U_~T YOUR LAWYIrR gEFO~CE SIGHIHG THIS INSTRUMENT -THIS INSTRUM[~T SHOULD BE US[D B~ LAWY[~S O~L~ 53 ~ISI~E~madethe 16th dayof . May , nineteen hundred and seventy-seven BE~EEN P R B WARES, INC., a corporation organized under and existing by virtue of the business law of the State of New York, having its principal office at (no number) Main Road, Cutchogue, New York 11935 party of the first part, and PHYLLIS RAYNE BYER, York 10011 residing at 20 Fifth Avenue, New York, New party of the second part, WITNE~$ETH, that the party of the first part, in consideration of Ten ($10.00) ................................................ dollars, lawful money o[ the United States, paid by the party of the second part, does hereby grant a.nd release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of.land, with the buildings and improvements thereon erected, situate, lying and being i~Y..b~ at Peconic, in the Town of Southold, County of Suffolk and State of New York,~ bounded and described as follows: side of Skunk Lane (Bay Avenue) with the southeasterly side of Main Road; running thence along the southeasterly side of Main Road North 35 degrees 44 minutes 00 seconds East 64.42 feet to the southwesterly side of land now or formerly of M.V.B. Schaumann; thence along said land South 45 degrees 16 minutes 10 seconds East 163.30 feet to the northwesterly side of land now or formerly of Mable Richmond~ thence along said land South 47 degrees 28 minutes 70.85 feet to the northeasterly side of Skunk Lane; and thence along the northeasterly side of 32 minutes 00 seconds West 150 feet to the Main Road at: the corner aforementioned and BEGINNING. 00 seconds West Skunk Lane North 42 degre, southeasterly side of the point or place of BEING AND INTENDED 'PO BE the same premises conveyed to P R B Wares, Inc. by Mabel T. Richmond by deed dated June 24, 1976, recorded in the office of the clerk of the County of Suffolk pn October 8, 1976 in Liber 8119 cp 395. ith fight, tide and inter.t, if any, of the party of the first part in and to any streets and roads abutting the above described preanises to ~e center lines thereof, TO~ETHF. R with the appurtenances and all the estate and rights of the party of the first part in and to said premises, 'FO HAVF.. 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· 'The grantee herein, Phyllis Rayne Byer, hereinbelow affixes her signature to this instrument evidencing her agreement to assume and pay the existing mortgage on the premises, described herein which was made to the Southold Savings Bank by P R B Wares, Inc., the grantor herein, dated October 2, 1976 and recorded October 8, 1976 in the Suffolk County Clerk's Office in Liber 7730 at page 283, on which the present remaining principal balance is $24,000.00 with interest paid to May 16, 1977. AND the party of the first part covenants that the party of the first part has not done or suffered any~Jn§ whereby the said premises have been incumbered i~ any way whatever, except as aforesaid. AND the party of the first part, ~n 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- eratlon 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'~is indenture so requires. IN WITNF..SS WHF_.REOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: · P~ R B WARE?, -INC., Phyllis/ R&yno)my~, Pr~ident ' ~ ~y 1 1 i S/Ra ~n e By:e,r'-- F N~..W YORK, ¢OUN'rY OF ~. O~k SSi ' ~th da7of ~ay 1977,~for~m~ /~s~allymme Phyllis Rayne Byer to me ~own to ~ the indi~duM d~cfi~d in md who executed the foregoing instm~t, and ac~owledg~ ~at she ~x~cuted ~e ~e. LEFFERTS PAINE EDSON NOTARY PUBLIC. SJate ol New York No 52.101/685. SuHolk County Commission ~pifes Match ~0. 1979 .STATE OF NEW YORK. COUNTY OF Suffolk ss: On the 16th day of May 1977 , before me personally came Phyllis Rayne Byer to me known, who, being by me duly sworn, did depose and saythat s he resldes at No. 20' Fifth Avenue, New York, New York ; that she is the President of P R B Wares, Inc. , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed · to said instrument is s;ich corporate seal; that it was so affixed b,v order of the board of directors of said corpora- tion, andthat he signed h iSname thereto by like order. On the day of personally came 19 , b~fo~ m~ to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that excreted the same:' _ STATE OF NEW YORK, COUNTY OF On the day of 19 , before me personally came the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he knows ; to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. L£FFERTS PAINE [OSOff ComN~i.5~'lOTf16,5. Suito,~' ClunY~rk WITH CO¥£NANT ,~.CAtNST GR^NTOR S ACTS TITLE NO. P R B Wares, Inc. TO Phyllis Rayne Byer FORM N Xt~ Y0~K O0111D OF TIRE UMO~WtlT~J Distributed by CffICAGO TITLE I~9URA~CE COMPANY SECTION BLOCK LOT ~ ~ ~;sT{~ TOWN of Southold County of Suffolk Lefferts p. Edson~ Esq. 53795 Main Road Southold, New York 11971 Zip No. M-2977 CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT--THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. THI~ INDF-NTURE~ made the ~da~ of BETWF]~N MABEL T. RICH/~OND, Home, (no number) North Road, June , nineteen hundred ~nd Seventy-six residing at Eastern Suffolk Nursing Greenport, New York 11944, party of the first part, and ~'gS~:;~l~X~tlL~: P R B WARES, INC., a corporation organized under and existing by virtue of the banking law of the State of New York, having its principal office at (no nuanber) Main Road, Cutchogue, New York 11935 party of the second part, WrI-NF_.SSETH, that the patay of the first part, in consideration of ............. .......... TEN AND 00/100 ($10.00) .......... dollars. lawful money of the United State~. and other good and valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the secoud part, the heirs or successors and assigns of the patay of the second 'part forever, ,A~I-I. that crrt.aln plot, piece or parcel of land, with the buildings and improverneots thereon erected, situate, lying and being :~ &t Peconic, Town of Southold, Suffolk County, New York, being bounded and described as follows: BEGINNING at the point of intersection of the easterly line of Skunk Lan~_ (formerly known as Bay Avenue) with the southerly line of Main Road; RUNNING thence along said southerly line of Main Road, North 35 degrees 44 minutes East 64.42 feet; THENCE along land of Schaumann, South 45 degrees 16 min- utes 10 seconds East 163.30 feet; ~HENCE along other land of Mable Richmond, South 47 de- grees 28 minutes West 70.85 feet to the said easterly line of Skunk Lane; THENCE along said easterly line of Skunk~ane, North 42 degr~ees 32 minutes West, 150.0 feet to the point or place of Beginning. REAJ_ E'SItATE OCT - 8 t976 S UF,::,i;,'_ ', COUN'I ~' TOC.~]I-IER with all right, title and interest, if any, of the party of the first part in and tolany streets and roads abutting' the above described premises to the center lines thereof, TO~L,'KI'I-I~r.R with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO }'l~V~ ~!N[D 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. .~ND 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 aa 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. IN Wfl'NE.S~ WHEREOF, the party of the first part has duly executed this deed the day and year first above written. (L.S.) (Mabel T. Richmond) //...-,. / //~ ,4_W ~, o~,.../~,/~/'_ 19 76, ~or~ mc ~.~ to mc known to b~ the individual d~cribed in and who ~/r .~ e.x~cuted the {oregoin§ in~trum~t, and acknowledged that q she ~zuted thc ~ .Jgo t a~y~'Pub lic to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed thc ~rne~ NOTARy PUBLIC Stata ot New ¥ · .rm ~xp~Ma~o,1 ~ STA~ OF ~ YORK, ~OU~ OF ~ /[~ ~/~ Is: STA~ OF NEW YOLK, COUH~ OnCe ~of /~/~ ~ 197~fore me OnCe dayof 19 ,~[ore me ~rsonally ~me ~$& ~ ~, c~3 ~ ~ I ~rsonally ~me to ~kn~h?l M~y m5 duly s~fi, ~did d~se a~I to me known, who, ~ing by me duly sworn, did de~se ~d say;nat S~%r~s at ~V~ ~/~ ~l say that he resides at No. that ~he is the / ~ ' that he is the . , /, , ~ th~ratlon described , the co~ratlon descNbed in ~d wMch ~d the ~regoin~ in~ment; that he in and which executed the [oregolng instrument; that he ~ows the ~ cor~ration; ~at~e seal affixed knows the seal of said corporation; that the stol affixed t~.~i~ ~~~ seal; ~. it was so to said instrument is such corporate seal; tn~t it was so ~mxea~~.ru oi 0~rec~ors of?a~, co~ra- affixed by order of the Mard of directors of said co~ora- tmn, and mat ne s~ed h name thereto by hke order, tion, and that he si~ed h n~e thereto by like order. WI'IH COVENANT AGAINST GRANTOR'S AC1S MABEL T. RICHMOND TO PHYLLIS RAYNE BYER SECTION BLOCK LOT 5';- LF.,.F'FERTS P. EDSON, ESQ. 53795 MAIIN ROAD soUTHOLD, N.Y, 11971 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of to the Board of Appeals of the Town of Southold TO: YOU A~E HEREBY GIVEN NOTICE: NOTICE TO ADJACENT PROPERTY OWNER intention of the undersigned to petition the Board of Appeals of the Town of Southold (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subiect of the Petition is located adjacent to your property and is des- cribed as follows: 1 -* 3. That the prope[ty which is the subje~cl of such Petition is located in the following zoning district: followi~ relief~ 4 That b~ such Peet{ion, the unders'~,~d will request the ~ _ , signed are Article ,~------------~ Section I (2 C -- .~ O [ ] Section 280-A, New York Town Law for approval of access over r~ghl:(s)-of-way~ 6. That within five da~,s from the date hereof, a written Petition requesting the relief specified above will be filed in the 5outhold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) '7~5-1809, 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 a~nd b~heard at such hearing. Post Office Ar~lress~ Tel. No. (~-'"iL,~) 7)~ ~5 ~-~ [Copy of sketch purposes.] or plan showing proposal to be ~i'uu~ ~,~'' ' a t,t-mt h'e d ~¢0 r'~,~;O r~ve I~'i e n c e NAME PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS p 271 446 301 RECEIPT FOR cERTiFIED MAIL d 271 446 3~0 RECEIPT F(~ CERTIFIED MAIL NO INSURA ;R COVRRAGE PROVIDED (SR Reverse) Date and Address o~l~ ~ 't~ ~ STATE OF NEW YORK ) SS. COUNTY OF SUFFOLK) i ~L-c,~ ~'~L,u~ A/ t~( } I ~ ~ ~t'- , being duly sworn, deposes and says that on the '"/ day of _[~'~('4.~-z~ ~ ~ . 19 ...~__, deponent mailed a true copy of the Notice set forth on t~te 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 a/ssessme~?~ ro~l of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at __~"~OkJ~'{'~dq ~ L~ ~ ; that said Notices w~,~ mailed to each of said persons by {certified) (registered) mail. , · / Sworn to before me this day of (~(~-~,.~:' _ .19~. E~~ T~ ~ ~ ~1,1~ (This side does not have to be completed on form transmitted to adjoining property owners.)