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Home My WebLink About3914 APPEALS BOARD MEMBERS Gerard P. Goehringer, 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 ACTION OF THE BOARD OF APPEALS Appl. No. 3914 Matter of EVA HALLA. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, Article XXIV, Section 100-244, Bulk, Area and Parking, Article XXIII, Section 100-239.4, building setbacks from water or wetlands, for permission to construct a one family dwelling. Property Location: 55 Glen Court, Cutchogue, County Tax Map No. 1000, Section 083, Block 01, Lot 01. WHEREAS, a public hearing was held and concluded on April 19, 1990 and May 30, 1990 in the matter of the Application of EVA HALLA, under Appeal No. 3914; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the north side of Glen Court, Hamlet of Cutchogue, and is identified on the Suffolk County Tax Maps as District 1000, Section 083, Block 01, Lot 01. 2. This is an application for Variances from the Zoning Code Article III A, Section 100-30 A.3, Article XXIV, Section 100-244, Article XXIII, Section 100-239.4, for permission to construct a one family dwelling. Page 2 - Appl. No. 3914 Matter of EVA HALLA Decision rendered June 27, 1990 3. Article III A, Section 100-30 A.3, Bulk, area and parking regulations, no building or premises shall be used and no building or part thereof shall be erected or altered in the Low-Density Residential R-40 District unless the same conforms to the requirements of the Bulk Schedule and of the Parking Schedule, with the same force and effect as if such regulations were set forth herein full. Article XXIV, Section 100-244 B, a nonconforming lot separately owned and not adjoining any lot or land in the same ownership at the effective date of this article and not adjoining any lot or land in the same ownership at any time subsequent to such date may be used, or a building or structure may be erected on such lot for use, in accordance with all the other applicable provisions of this chapter, provided that proof of such separate ownership is submitted in the form of an abstract of title showing the changes of the title to said lot, which abstract shall be in the usual form, shall be certified by an attorney or a company regularly doing such work in Suffolk County or by a corporation duly licensed to examine and ensure title to real property in Suffolk County and shall contain a certification that no contiguous property was owned by an owner or the property involved since the date of any previously applicable Zoning Law, Such lot shall be granted relief for front side and rear yard dimensions as follows: Article XXIII, Section 100-239.4, Notwithstanding any other provisions of this chapter, the following setback requirements shall apply to all buildings located on lots adjacent to water bodies and wetlands: A. Lots adjacent to Long Island Sound. (1) Ail buildings located on lots adjacent to Long Island Sound and upon which there exists a bluff or bank landward of the shore or beach shall be set back not less than one hundred (100) feet from the top of such bluff or bank. 4. The subject premises in question is located at 55 Glen Court, Cutchogue, and contains an area of 10,293 sq. ft. in this R-40 Zone District. Page 3 - Appl. No. 3914 Matter of EVA HALL Decision rendered June 27, 1990 5. In considering this application, the Board finds an determines: (a) the relief requested is not within the character of the immediate area and will be a substantial change, creating other precedents to follow; (b) the practical difficulties claimed are not sufficient to warrant the granting of the relief requested; (c) the circumstances of the property are not unique; (d) that in carefully considering the record and all the above factors, the interest of justice will be served by denying the relief granted and granting alternative relief, as further noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to DENY the Variance with ALTERNATIVE RELIEF in the matter of the application of EVA HALL under Appeal No. 3914, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the house not be any closer than ten feet from the southern property line (toward Glen Court). 2. That the house not be any closer than 65 ft. to the top of the bank. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Sawicki and Dinizio. This resolution was duly adopted. df CEIVED AND FILED BY THE SOU H,OLD TOWN Town Clerk, Town of Southol_~d~ ~JGERARD'P. GOEHRI~GE~, CHAI~ SUF'FO~ "CO. HEALTH DEPT. APPROVAL N.S. NO. RO~DERICK VAN TgYL, P.e. LICENSED LAND SURVEYORS GREENPORT NEW YOrK THE: WATER SUPPLY AND SEWAGE DISPOSAl: SYSTEMS FOR THIS RESIDENCE WILL CONFORM TO THE STANDARDS Of THE SUFFOLK CO. DEPT. OF HEALTH SERVICES. APPLICANT SUFFOt. k COUNTY DEPT. OF HEALTH SERvicEs -- FOR APPROVAL OF CONSTRUCTION ONLY DATE: ~.=__ _ H. $. REF. NO.: APPROVED: SUFFOLK CO. TAX MaP D~'SIGNATION: DIST. SECT. BLOCK PCL. OWNERS ADDrEss: DEED: l. N,/A P. TEST HOLE STAMP SEAt. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following 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, APRIL 19, 1990, at the following times: 7:30 p.m. Appl. No. 3926 - MURRAY JACOBS. Variance to the Zoning Ordinance, Article III, Section 100-33, as disapproved for permission to construct an accessory shed in side yard, accessory buildings may be located in the required rear yard. Property Location: 1180 Sage Boulevard, Greenport, County Tax Map No. 1000, Section 53, Block 5, Lot 9. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of April 19, 1990 7:35 p.m. Appl. No. 3927 - MARK AND ELLIE GORDON. Variance to the Zoning Ordinance, Article III, Section 100-33, as disapproved, for permission to construct an accessory building to tennis court located in front yard, accessories permitted in the rear yard area only. Property Location: Private Road #7, Fords Road, $outhold, County Tax Map No. 1000, Section 087, Block 01, Lot 18.4. 7:40 p.m. Appl. No. 3928 - SAMUEL AND RACHEL SALZMAN. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, as disapproved, for permission to construct addition to an existing dwelling, proposed construction will have insufficient front yard setbacks. Property Location: 65 Old Salt Road and 400 Rochelle Place, Mattituck, County Tax Map No. 1000, Section 144, Block 5, Lot 22. 7:45 p.m. Appl. No. 3920 - A. LIOS. Variance to the Zoning Ordinance, Article XXIV, Section 100-244, as disapproved, for permission to construct a deck addition to existing pool, proposed construction exceeds permitted lot coverage, and will have insufficient side yard setbacks. Property Location: 310 Linda Road, Mattituck, County Tax Map No. 1000, Section 106, Block 1, Lot 14. Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of April 19, 1990 7:50 p.m. Appl. No. 3921 - EILEEN VILLANI. Variance to the Zoning Ordinance, Article XXIII, Section 100-239 B, for permission to construct deck addition to existing one family dwelling, proposed construction will be within 75 ft. of water or wetlands. Property Location: Private Road 925 Wood Lane, Peconic, County Tax Map No. 1000, Section 086, Block 06, Lot 10. 7:55 p.m. Appl. No. 3919 - THOMAS COLLINS. Variance to the Zoning Ordinance, Article XXIII, Section 100-239 4.B, for permission to construct a deck addition to a one family dwelling, proposed construction will be less than 75 ft. from the bulkhead. Property Location: 305 Dawn Drive, East Marion, County Tax Map No. 1000, Section 35, Block 5, Lot 20. 8:00 p.m. Appl. No. 3930 - JOHN C. PERRONE. Special Exception to the Zoning Ordinance, Article X, Section 100-101B, for permission to occupy and use as a billiard parlor for commercial recreation. Property Location: Main Road, State Road 25, Mattituck, County Tax Map No. 1000, Section 122, Block 6, Lot 31. Page 4 - Notice of Hearings $outhold Town Board of Appeals Regular Meeting of April 19, 1990 p.m. Appl. No. - EVA HALLA. Variance to the 8:05 3914 Zoning Ordinance, Article III A, Section 100-30 A.3, Article XXIV, Section 100-244, Bulk and Parking Area, Article XXIII, Section 100-239.4, building setbacks from water or wetlands, permission to construct a one family dwelling. Property Location: 55 Glen Court, Cutchogue, County Tax Map No. 1000, ection 083, Block 01, Lot 01. 8:10 p.m. Appl. No. 3922 - ROBERT AND THERESA TURNER. Variance to the Zoning Ordinance, Article III, Section 100-30 A.4, Bulk and Parking area, for permission to construct an attached swimming pool to house. Drive, Laurel, County Tax Map No. Lot 17. Property Location: 1525 Albo 1000, Section 126, Block 03, 8:15 p.m. Appl. No. 3925 ELSIE PARKIN. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, Bulk and Parking Regulations in this Division of Land. 7575 Skunk Lane, Cutchogue, County Tax Map No. 104, Block 04, Lot 27. Property Location 1000, Section Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of April 19, 1990 8:20 p.m. Appl. LENCESKI. Variance construct a one Road, Mattituck, lot 14. No. 3908 - ROBERT OCHENREITER AND EDWARD for reversal of a building permit to family dwelling. Property Location 565 Bayer County Tax Map No. 1000, Section 139, Block 3, The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before time allotted. Additional time for your presentation will be available, if needed. For more information, Please call 765-1809. Dated April 9, 1990 BY ORDER OF THE $OUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to the 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 Special Meeting, at the Southold Town Hall, Main Road, Southold, NY, 11971, on WEDNESDAY, MAY 30, 1990, at the following times: 7:30 p.m. Appl. No. Ordinance, Article XXIV, permission to construct 3920 - A. LIOS. Variance to the Zoning Section 100-244, as disapproved, for deck additions. Proposed construction exceeds permitted lot coverage, and will have insufficient Side yard setbacks. Property Location: 310 Linda Road, Mattituck, County Tax Map No. 1000, Section 106, Block l, Lot 14. ~ge 2 - Notice of Hearings Southold Town Board of Appeals Special Meeting of May 30, 1990 7~35 p.m. Appl. No. 3933- PAMELA VALENTINE. Variance to the Zoning Ordinance, Article XXIII, Section 100-231 A, for permission to construct an 8 ft. fence in the front yard area. Fence in the front yard area not to exceed 4 Property Location: 34655 Main Road, Orient, 1000, Section 019, Block 01, Lot 5 & 6. ft. in height. County Tax Map No. e7:40 p.m. Appl. No. 3914 - EVA HALLA. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, Article XIV, Section 100-244, Bulk, Area and Parking, Article XXIII, ection 100-239.4, building setbacks from water or wetlands, f. ermission to construct a one family dwelling. Property ocation: 55 Glen Court, Cutchogue, County Tax Map No. 1000, cti°n 083' Bl°ck 01' L°t 011 ~ ~ 7:45 p.m. Appl. No. 3895 - ROBERT AND ETHELLE SCHROEDER. Variance for reversal of the building inspector for change of use of land and existing building without obtaining a certificate of Occupancy. Property location: 4380 Main Road, East Marion, County Tax Map No. 1000, Section 35, Block 5, Lot 4. Page 3 - Notice of Hearings Southold town Board of Appeals Special Meeting of May 30, 1990 7:50 p.m. Appl. No. 3907 - NICHOLAS ALIANO. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.2 (Article XXV, Section 100-253 A), as disapproved, for permission to construct a retail/office complex, proposed construction is not permitted in this R-40 Zone District. Property Location: 29950 Main Road, 30 Pequash Avenue, Cutchogue, County Tax Map No. 1000, Section 102, Block 03, Lot 01. 7:55 p.m. Appl. No. 3915 - JORDAN'S PARTNERS. Variance to the Zoning Ordinance, Article VII, Section 100-71, as disapproved for permission to construct office and retail stores. Proposed construction is not permitted use in this District. Property Location: 1000 Main Street and 160 Main Road, Greenport, County Tax Map No. 1000, Section 34, Block 2, Lot 1. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before time allotted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated May 21, 1990 BY ORDER OF THE SOUT~OLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda FORM NO. 3 TOWN OF SOUTIlOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date...~ I::¥v~-~. s~.~ ....... ,19 ~.0... .....c-~. ~~. ~...~... ~ ! .~ .a..aT .... PLEASE TAKE NOTICE that your application dat, ed....~ .o-,.,~.....~..,.~..~.'~ ........ 19~.O.. for pe~it to ~~' '~'' ~~.~-~ ................ at Location of Property .... ~'' '~ ~"' ~ ....... ~~ ~ ...... h~/e~ House No. Street County Tax Map No. I000 Section ..... ~-~. ~ · .. Block .... ~ .~ ....... Lot . .~. ~ ......... ~. Subdivision~ .... ~ Filed Map No....~.~ ~ ~. ...... Lot No .... .~. ] .......... is returned herewith and disapproved on the foltowing grounds..~. ~..~. I~z Aa ~ ~'~. ~,..~.~. ~-~ .~ ~ ~ ~~ ~ · . · ................................... Building Inspector RV 1/80 JAN 3 0 1990 TOWN OF $OUTHOLD, Nk'%V YORK APPEAL ERQM DF3~I_SJ~N OF BUILDING INSPECTOR Seu~oli~ T0wn ~aere TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ..... ....................................... of ....... ........................................ Nome of Appellant Street and Number ........ ..~..Z..,a.,j;.g~.i...e..W ................................................................ .N...e.?....~.o..~.k. ........ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ....... ,J..a..,~,.u...a.~y....2...5..:...]:.9...9..0. ......... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) (X) ( ) ................... ..~.~..X...~%~. A.-% ........................................ Name of Applicant for permit o~ ,.s...~v.....~,.~ .............................. ~.~iavi~.~. ..................... ..N.e.~.Z.q.r,~ .................. Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Glen Court Cutcho e ..-~4g_.Rg~idential Low-Density 1. LOCATION OF THE PROPERTY g~ ~u~uu Street /Hamlet / Use District on Zoning Mop District 1000 Section 83 Block1 Lot 1 ................................................................................. Current 0~ner E~a ~alla Mop No. Lot No. Prior Owner Birch Properties, Inc. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article IIIA Section 100-30A.3. ~ Attic]eX,III Section 100-239.4 A. (1) and Article XXIV Section 100-244 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (×) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Law Chop. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (:b~s~ (has not) been mode with respect to this decision of the Building Inspector or with respect to this prol~erty. Such appeal was ( ) request for a special permit ( ) request for o variance and was made in Appeal No ...... ..N./A ................... Dated ........ ..N./..A. ...................................................... REASON FOR APPEAL ) A Variance to Section 280A Subsection 3 X) A Variance to the Zoning O~inance ) ,s requested for the reason thatPetitioner has entered into a contract to sell her property to 0ohn R. Demgsey. 'fhe contract is contingent on the Petitioner being able to obtain a building Dermit so Mr. Dempsey can erect a one-family dwelling on the property as shown on the Plans and Specifications which are attached hereto as Exhibit 1. Under the current zoning ordinance your Petitioner has discovered she will need a variance to construct this dwelling. See attached map of property surveyed for Eva Halla by Roderick Van Tuyl, P.C. dated Sept. 1, 1989 and last amended Jan. 4, 1990 which is attached hereto as Exhibit 2. Form ZB1 (Continued on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficultiesorunneces- sary HARDSHIP becou~ Petitioner's property has been held in single and separate ownership by Petitioner since February 13, 1970. Petitioner purchased this Property with her late husband, Vaino Halla, as tenants by the entirety, on February 13, 1970. Vaino Halla died on April 27, 1983 and Petitioner is presently the sole owner of this property. The property is rectangular in shape having 100 feet in width along Glen Court which is a private road owned and maintained by the Birch Hills Property Owners Association and 100 feet along the beach adjacent to Long Island Sound which is also owned by the Association. The lot has a legal depth of 205 feet as shown on the map of the property (Exhibit 2); however due to the 50 foot bank there is only 151 feet on the westerly side and 134 feet on the easterly side of this property. When your Petitioner purchased the property the zoning in effect at that time was "A" Residential and Agricultural District with a minimum lot size of 12,500 sq. ft. declaring a front yard of 35 feet and a rear yard of 25 feet; although (CONTINUED ON ATTACHED RIDER) 2. The hardshipcreated is UNIQUE and isnotshared by all properties alike in the immediate vicinity of this property and in this use district because the Petitioner's property has remained the same in size and dimensions but has been in effect shrunk by the various changes and requirements of the zoning ordinance. The houses constructed in the neiQhborhood are ore-existing before the recent zone amendments and as such are not affected by the changes in the zoning code. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the residential neighborhood has been established for a long time prior to the enactment of the recent amendments to the zoning code and all existing lots are non-conforming in some respect under the current Town of Southold zoning standards. The granting of the variance to enable construction of a home on this parcel will not change the residential character of the neighborhood but will improve this particular portion of the subdivision. COUNTY OF SUFFOLK ) Signature Eva Halla Sworn to this c~ ~ day of .........J.F%9~t.,a..r.Y. ............................... 1990 Notary Public BARBARA DIACHUN IJOTARY PUBLIC, State of New York No. 4635190, Suffolk County ~mmission Expires OGtober 30, 19~0 APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, BY EVA HALLA RIDER TO REASON FOR APPEAL QUESTION #1 1. CONTINUED. N.Y. the Suffolk County Health Department Regulations at the time required a building lot of 20,000 sq. ft. After various amendments to the zoning code the property is presently R-40 District and pursuant to §100-244 of the Zoning Code the lot is now non-conforming requiring a lot width of 120 feet, a depth of 140 feet, a front yard of 40 feet, a minimum side yard of 15 feet and a rear yard of 50 feet. In addition §100-239.4 A. (1) of the Zoning Code requires all buildings adjacent to Long Island Sound to be set back not less than 100 feet from the top of the bank so in effect the rear yard for this property is 100 feet. The practical difficulties of building a house on this lot in conformance with the current zoning ordinance is obvious. To comply with the 100 foot set back from the top of the bluff will leave only 34 feet of property. The point being is the further away you move the house from the top of the bank the closer you will have to build it towards the road. In addition the Covenants and Restrictions affecting the property require a two-story dwelling to have a minimum of 1,600 sq. ft. of living space above grade and for the design and elevations of the house to be approved by the Birch Hills Property Owners Association. The roadway in front of the lot is unusable and overgrown with weeds at the present time. The Petitioner has discussed this problem with building a house on this lot with the Birch Hills Property Owners Association at their annual meeting on October 29, 1989. The Association has taken the position they would like the house built as close to the road as possible taking into consideration the erosion on the bluff and the other aesthetics of the area. The Association decided to grant to this lot an easement for one-half of the roadway so a driveway can be constructed and appropriate landscaping could be planted in an effort to clean up this area. Lot No. 11 would have the other half of the road to maintain a landscaping easement (See attached Consent of the Birch Hills Property Owners Association, Inc. dated January 25, 1990 which is attached hereto as Exhibit 3). This arrangement will then place the house 65 feet from the top of the bluff, however, in order to be built it will require a 0 foot front yard variance, a lot width variance and a variance from the 100 foot requirement from the top of the bank. The proposed house itself contains 2,252 sq. ft. of living area with a downstairs of 1,768 sq. ft. In addition there is an attached garage containing 462 sq. ft. The house contains a 10 foot wide deck all of which is shown on the attached map of the property (Exhibit 2). TOWN OF SOUTHOLD PROPERTY RECORD CARD DIST. SUB. · LOT ~.T/z. / VILLAGE OWNER STREET - S W ~PE OF BUILDING RES.~ iff S~. VL ~ FARM COMM. CB. MISC. Mkt. Value ~N D IMP. TOTAL DATE REMARKS / AGE BUILDING CONDITION N ~ NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD House 'Plot DEPTH BULKH~D DOCK Total ~ ,' -- ~ " ' ' ' ' ~ SUFFOJId~Ii~CO. HEALTH DEPT. APPROVAL e ~im H.s. NO. MAP OF PI OP EF4T Y I /V.60"~$ ~-~ AT THE WATER SUPPLY AND SEWAGE DISPOSAL SYSTEMS FOR THIS RESIDENCE WILL CUTCHOGuE CONFORM TO THE STANDARDS OF THE u~ --'---'--~---_~_ TOWN QF ~OUTHQLD, NLY. SUFFOLK CO. DEFT. OF HEALTH SERVICES. O O ~---~- (si APFLICANT ., . SERVICES -- FOR APPROVAL OF CONSTRUCTION ONLY ' OX..' ~.~ ',.~h-t.:~i ~ ~ ~ l.~ r.. ~-.A~TJ .- ./~ SUFFOLK CO. TAX MAP DESIGNATION: . , ~ 1 / i; ~ // DIST. SECT. BLOCK PCL. ~¢'~ hi_~ ' I~¢"~ // OWNERS ADDRESE: Z ' ~ ' --J ~ U'~ ..... 1 // PLAINVIEW, N.Y. 1180~ , -' , ~,t.~. r..) ~------:.~z..~ ~ - ~7 " ~ ~ / .AF?.EA=~O,L:x:)a S.F TE~' HOLE STAMF ~ J Ck~i~: cf this ~'l:* : " 'LOT '~ " " NO:. F~-'F'EFc TO MAF OF BIf2CH HILLS, '~ ~AN.4,1_~_.__ J SEAL ,,,, GREENPORT NEW YORK 31.-5-;'9 8~.-1 -1 83.-1 -2 83.-1 -3 83. -1 -4 --83. -1 -5 83. -1 -6 --g3. -1 -7 83. -1 -8 83.-1 -1 0 --83.-1-11 83.-1 -1 2 83.-1-14 83,'1 -1 5 83.-1-16 83.-1-17.2 83.-1-1 8.1 83.-1 -20 ~3~'1'21 83.-1 -24 ~3.-1 -~6 83.-1 85.-1 -30 83.-1 83. -2-4.1 $3, -2-4.2 ~. -2-7.5 C TQ PARADISE POINT A$SOC ~UU ~uu C.LN ZANIESKI JOSEPHINE & 0 8,600 8,600 C LW HA AINO & 2,800 2,800 C MP BRYAN MARCUS R 2,800 2,800 ~.~NI BRYAN JOANNE M 3,000 8,000 C OB BIRCH HILLS PROP OWNER 800 800 C OU LONG ROBERT P 3,000 9,100 C PN YANN[OS CRISTOS C $,000 9,]$00 C QG VANG[ ANTONIO & GRAZIA 3,000 10'800 £ QZ LORETO JOHN A $,000 9,800 C RS LORETO LILLIAN 1,400 1,400 C LV KALAS JERRY ~ ORS 3,000 10,200 C MO GENDRON RENE 300 $00 C NH ALIANO NICHOLAS 800 800 C OR AL[ANO MARGARET 600 600 COT ALIANO NICHOLAS 500 500 ' C PM-ALIANO MARGARET 600 600 C QF RICHERT DONALD & WF 1,200 1,200 C SQ GAITANIS PETE $ WF 1'600 8.000 C SN MAGILL ALFRED & WF 1,600 7,900 ' C S~ ~UBEC ERWIN E & WF 1'400 $,600 '83.-1-32.2 C QJ KRUPSKI VINCENT J & WF 83.-1-32.3 ~yRF K~UP$KI VINCENT 2 & WF 83.-1-33 ~C PK ABBOTT STEPHEN · 83.-1-34 ~q~QD ABBOTT JOHN ~3.-2-1 C MM POND ENTERPRISES INC ~3.-2-2 C NF KRUPSKI P~T~ICEA 83.-2-3 C NY HAMMEL RICHARD L C MN WILHELM WILLIAM G & WF 1,300 6,400 - C-N~ EUBANSKI FREDERICK & C 1,400 7'100 C NZ RACANELLI GIUSEPPE & W 1,400 6,800 C ~$ LARK PATRICIA 1'200 1'200 C PL LARK RICHARD F & WF 1,400 8,800 1~00- i'400 C QE LARK RICHARD C QX CASARONA JOSEPH 1,800 8,600 C RQ D~VIS BERTHA 1'400 6;400 C SJ FINGER WALTER C & WF 1,400 8,200 C TC SCHROEDER TODD V & 1,400 7,200 C NF CONWAY ROBERT J ~ WF 1,400 8,000 C'NY ~EiTER' jOSEPH T & WF 1,400 6,300 8,400 13,$00 3,900 3,900 3,700 3'700 8,100 52,100 8;BO0 - 153100 2,700 4,600 C ~N ¥O-ChENG K~I PC 6'100 10,900 C QJ PASSALACQUA SALVATORE 5,100 9,$00 ' C RV CONNOLLY JOHN & WF 2'~00 7'400 C UJ KLAPPER MURRAY 1~,000 17,900 C-V~ kE-A~PER MURRAY & WF 2~800 3'400 C $0 DAMBASSIS LINDA 4,t00 7,200 8,600 2,800 2,800 3,000 80O 3,000 3,000 3,000 $,000 1,400 3,000 300 800 600 $00 600 1,400 1,600 1,600 1,400 1,$00 1,400 1,400 1,200 1,400 1,400 1,800 1.400 1,400 1,400 1,400 1,400 8.400 8,400 3,900 3.700 8,100 8.600 2.700 6,100 5,100 2,800 12,000 " - 2,800 4.100 - C'TK KALAMARAS PETER C UG SMITH DIANE C V£ SMITH DIANE WF 7;800 ' ' 14~000 7.800 4,500 4,500 4,500 4'300 4'300 4'300 3.600 2.300 2,800 8,000 8O0 9,100 9.300 10~800 9~800 1.400 10.200 3OO 8O0 600 50O 6OO 2,400 8.000 7.900 5,600 6,400 7~100 6,800 1,200 8,800 1,400 8,600 6,400 8,300 7.200 ~.O00 6,300 13,300 13,300 3,900 3,700 52,100 15;100 4,600 10'900 13,500 7,~00 17.900 3'400 7,200 14,000 4,500 4,300 120 311 311 210 591 210 210 210 210 311 591 311 311 311 311 210 210 210 210 210 210 210 311 210 311 210 210 210 210 210 210 120 120 313 313 415 554 260 210 210 210 210 312 210 210 313 $13 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ~6 13 15 15 13 13 15 13 13 13 1t 13 15 13 13 15 15 13 13 13 13 13 13 13 13 13 13 13 15 15 15 13 13 15 13 15 13 13 13 13 13 13 HD (~ COUNTY OF SUFFOLK ira,,? SOU ProDer~y Tax Service Agencyl'~ _ Real PLANNING BOARD M~EMBERS RICHARD G. WARD Chairman GEORGE RITCHIE LATI~AM, JR. BENNETT ORLOWSKI, oR. WILLIAM J. CREMERS KENNETH L. EDWARDS JAN I 5 Tbwn Hall, 53095 Main Road · P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 January 14, 1997 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Richard Lark, Esq. P.O. Box 973 Cutchogue, NY 11935 . Re: Proposed Lot Line Change for~and Birch Hills Property Owner's Association - SCTM# 1000-83-1-1 Dear Mr. Lark: The following took place at a meeting of the Southold Town Planning Board on Monday, January 13, 1997: WHEREAS, Eva Halla is the owner of the property known and designated as SCTM# 1000-83-1-1 and the Birch Hills Property Owners Association is the owner of Glen Court, located in Cutchogue; and WHEREAS, this proposed lot line change is to subtract 5,000 sq. ft. from the Birch Hills property and to add it to the Halla property; and WHEREAS, a variance was granted by the Zoning Board of Appeals on June 27, 1990 pertaining to this property; and WHEREAS, the Southo d Town Planning Board, pursuant to the State Environmental _Quality Review Act (Article 8), Part 617, declared itself lead agency and issued a Negative Dec aration on November 25, 1996; and WHEREAS a final public hearing was closed on said subdivision application at the Town Ha, Southold, New York on January 13, 1997; and WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of Public Hearing, has received affidavits that the applicant has complied with the notification provisions; and Page 2 Lot line change for Halla/Birch Hills Property Owner's Association January 14, 1997 WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; be it therefore RESOLVED, that the Southold Town Planning Board grant conditional final approval on the surveys dated October 11, 1996, and authorize the Chairman to endorse the final surveys subject to fu fi merit of the following conditions. A I conditions must be met within six (6) months of the date of th s resolution: 1. A new deed pertaining to the merger of the 5,000 sq. ft. parcel must be filed and a copy of the recorded deed must be submitted to the Planning Board. 2. A 15 foot utility easement must be shown on the south side of the new portion of the Eva Halla property. Please contact this office if you have any questions regarding the above. Sincerely, Bennett Orlowski, Jr. / 4,; Chairman enc. cc: Zoning Board of Appeals DEPARTMENT OF PLANNING e'COuNTY of SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE 360-5513 ARTHUR H. KUNZ DIRECTOR OF PLANNING July 24, 1990 Town of Southold Zoning Board of Appeals Applicant: Eva Halla Mun. Pile No.: #3914 S.C.P.D. File No.: SD-90-20 Gentlemen: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Comments: With the understanding that premises will be developed in accordance with the alternative setforth. Very truly yours, Arthur H. Kurtz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner VETERANS MEMORIAL HIGHWAY HAUPPAUG£, L.I., NEW YORK 11788 PLANNING BOARD IV[EMBERS RICHARD G. WARD Chairman GEORGE RITCHIE LATH.AM, JR. BENNETT ORLOWSKI, JR. WILLIAM J. CREMERS KENNETH L. EDWARDS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 December 24, 1996 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Richard Lark, Esq. P.O. Box 973 Cutchogue, NY 11935 Re: Proposed Lot Line Change for Eva Halla and Birch Hills Property Owners Association SCTM# 1000-83-1-1 Dear Mr. Lark: The following took place at a meeting of the Southotd Town Planning Board on Monday, December 23, 1996: The final public hearing, which was held at 7:35 p.m., was closed. The Planning Board will be reviewing the issues brought up by Patricia Moore in regard to easements on the subject property prior to making a final decision on the lot line change. Unless otherwise notified, this matter will be scheduled on the Planning Board's January 13, 1997 meeting. Please contact this office if you have any questions regarding the above. Sincerely,' Richard G. Ward ~ Chairman cc: Zoning Board of Appeals APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairm~n Charles Grigonis, Jr. Serge Doyen, Jr. !oseph 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 Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County ~r~g Commission: III-A, Section lO0-30A.~ XX Variance from the Zoning Code, ArticleXXIV, SectionlO0-244 Article XXIII, Section 100-239.4 Variance from Determination of Southold Town Building Inspector. Special Exception, Article , Section Special Permit Appeal No.:3914 Applicant: Eva Halla Location of Affected Land: 55 Glen Court, County Tax Map Item No.: 1000- 83-1-1 Within 500 feet of: Town or Village Boundary Line XX Body of Water (Bay, Sound or'EstuaWy) Cutchogue, NY State or County Road, Parkway, Highway, Boundary of Existing or Proposed County, Boundary of Existing or Proposed County, Other Recreation Area Thruway State or Federally Owned Land State or Federal Park or Existing Owned by the County or for Which The County Has Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to construct f~mil¥ dwelling or Proposed Right-of Way of Any Stream or Drainage Channel Established Channel a one Copies of Town file and related documents enclosed for your review. Dated: July 19, 1990 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOFF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 July 13, !990 R~chard Lark, Esq. P.O. Box 973 Main Road Cutchogue, NY. 11935 Re: Appl. No. 3914 - EVA HALLA {Variance) Dear Mr. Lark, Transmitted for your records is a copy of the recent determination rendered by the Board of Appeals concerning your application. Please be sure to return to the Building Department and all other involved agencies for proper permits as may be necessary before commencing construction activities. A copy of this decision has simultaneously been transmitted to the Building Inspectors' Office for their files and update. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda Enclosure Copy of Decision to: Building Inspectors' County Planning Office ~OlICE Ol¥ HEARINGS NOTICE IS HEREBY GIVEN, pursuant to the Section 267 of the Town Law and the . Code of the Town of Southold, : :the following hearings will be ~hcld by the SOUTHOLD iT OWN BOARD OF APPEALS 'at a Special Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on WEDNESDAY, MAY 30, 1990, at the following times: ~ 7:30 p.m. Appl. No. 3920-- A. LIDS. Variance to the Zon- ,, lng Ordinance, Article XXIV, Section 100-244, as disapproved, for permission to construct deck additions. Proposed construc- tion exceeds permitted lot cover- age, and will have insufficient side yard setbacks. Property Location: 310 Linda Road, Mat- tituck, County Tax Map No. ..u,1000, Section lO0~.Block 1, Lot 14. 7:35 p.m. Al~pl. No. 3933-- PAMELA VALENTINE. Vari- ance to the Zoning Ordinance, Article XXIII, Section 100-231 A, for permission to construct an 8 ft. fence in the front yard area. Fence in the front yard area not to exceed 4 ft. in height. Pro- perty Location: 34655 Main Road, Orient, County Tax Map No. 1000, S~etion 019, Block 01, · '7:40 p.m. Appl. No. 3914- EVA HALLA. Variance to the Zoning Ordinance, Article 11I Section 100-30 A.3, Article XXIV, Section 100-244, Bulk, Area and Parking, Article :XXIII, Section 100-239.4, build- ing setbacks from water or wet-' lands, for permission to con- struct a one family dwelling. Property Location: 55 Glen Court, Cutchogue, County Tax Map No. 1000, Section 083, ~,, Block 01, Lot 01. x~. 7:45 p.m. AppL No. 3895~'~ ROBERT AND ETHELLE SCHROEDER. Variance for re- venal of the building inspector for change of use of land and ' existing building without obtain- ing a Certificate of Occupancy. Property location: 4380 Main ~: Road, East Marion, County Tax Map No. 1000, Section 35, . Block 5, Lot 4. 7:50 p.m. Appl. No. :5907-- "NICHOLAS ALIANO. Variance to the.Zoning Ordi- :nance, Article Ill A, Section 100-30 A.2 (Article XXV, Sec- tion 100-253 A), as disapprov- ed, for permission to construct a retail/office complex, pro- posed construction is not per- mitted in this R-40 Zone Dis- trict. Property Location: 29950 Main Road, 30 Pequash Avenue, Cutchogue, County Tax Map No. 1000, Section 102, Block 03, STATE OF NEW YORK ss: Patricia Wood, being duly sworn ...... ~....t.A k tho Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for. · · / ..... weeks successively, commencing on the Sworn to before me this .......... .c~..Y'..~.' ..... day of Notary Public 7:55 p.m. Appl. No. 3915- JORDAN'S PARTNERS. Vari- ance to the Zoning Ordinance, Article VII, Section 100-71, as disapproved for permission to construct office and retail stores. Proposed construction is not permitted use in this District. Property Location: 1000 Main -Street._and 160 Main Road, Greenport, County Tax Map No. 1000, Section 34, Block 2, LOt L The Board of Appeals will at said time and place hear any and .Ml.persons or representatives de- stung to be heard in each of the above matters. Written com- ments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before time allot- ted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809 ...... Dated: May 21, 1990 · BY ORDER OF i THE SOUTHOLD TOWN BOARD OF APPEALS ,.GERARD 1a. GOEHRINGER ~ 'i ~ By Doreen Ferwerda .................. IX, 5/24/90 (7) COUNTY OF SUFFOLK) Yvonne :L'{eblein of Mattituck, in said County, being duly sworn, says that he/she Is Principal Clerk of THE SUFFOLK TIMES, a Weekly #ewspsper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, end that the #otice of which the annexed Is a printed copy, has been regularly published in said Mewspaper once each week for ] weeks successively, commencing on the 24 day of May t9 90 · 3915 · Variance Section 100-71, as ~d~ of ~ su~ ~ ~ ~S '~l ~ for ~ ~y 21, 1~ ; ~ ' ~ ~,/ ~-']~{ncipal Clerk $wom to be~f~_re me this ~ , APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN. JR. JOSEPH H. SAWlCKI JAMES DINIZlO, JR. Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX NO. (516) 765-1823 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your. application. Your public hearing will not start before the times allotted in the attached Legal Notice. Please feel free t~ call our office prior to the hearing date if you have questions or wish to update your file. Yours very truly, dff GERARD p. GOEHRINGER CHAIRMAN 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 TOWN OF SOUTHOLD COUNTY OF SUFFOLK : STATE OF NEW YORK SOUTHOLD TOWN ZONING BOARD OF APPEALS : HEARING, : Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 May 30, 1990 7:36 P.M. B e f o r e: GERARD P. GOEHRINGER, Chairman APPEALS BOARD MEMBERS: CHARLES GRIGONIS, SERGE DOYEN, JR. JOSEPH H. SAWICKI J~ES DINIZIO, JR. JR., Absent Also Present: Doreen Ferwerda Board Secretary GAIL ROSCHEN Official Court Reporter 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 THE CHAIR~N: Ail in MR. DOYEN: Aye. MR. SAWICKI: Aye. MR. DINIZIO: Aye. THE CHAIRMAN: coming in. The next appeal 10 favor? Thank you very much for is in behalf of 3914. We will ask Mr. Lark if he would like to say anything concerning the letter we received from the Suffolk County Soil and Water Con- servation. MR. LA~(: Richard Lark, Main Road, Cutchogue. I have read over the minutes of the last hearing. I have one correction. I stated the erosion that has taken place is about a foot a year on top of the bluff. That is incorrect. It is about a foot every two years. I have remeasured that. I have been up there since 1968, and we just replaced the deck on the association property. It was about 10 years ago we had replaced it. I measured what the difference was, the recessio] and it's following the way it has been. I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 11 checked with Young's office (phonetic) and that's what their records seem to indicate on the Sound's bluff. That's the correction there. The soil and water letter that I got from Mr. Tenyenhuis' technician is essentially the way I explained it to you the last time. There is only one thing that you should be aware of. The large rock that you saw is actually on the Donoleski (phoneti6) I guess, is now the Abbott property. which, It is That looking at it from the Sound, which I believe you did, Mr. Goehringer. Other than that, it is pretty well self-explanatory which is why I think it is in everybody's best especially any future landowner there, the house be constructed as far to the south as possible, to allow for that. I looked at the house two properties away owned by Bryant, which this Board granted a variance in 1978, and he built his house about 27 -- he had a 25-foot variance from interest that not on this one. It is 10 ~eet over. pretty much frames the lot for you if you are 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 it is the practical way to handle the problem. Another thing I want to state for the record, I insisted that the application come before you because the Building Department did not interpret the zoning code the way I think it should be interpreted. I think the hundred-foot requirement supersedes even the pre-existing requirement because of the words notwithstanding in the other provisions in the chapter. They don't agree with that. They think the house could be put up. Whatever decision you render, which I hope will be favorable to the ?etitioner, I would hope you take the lead and do a little definition there This is an uncontroversial application. So in another application you might have, you can clearly spell out by precedent-wise one section does supersede everything else in the ordinance, the requirement you've got to be back 100 feet from the bluff regardless of the pre-existing lots, and the people would have to come in here for a variance of that section. In recap, I am asking for a variance of 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 12 the 35-foot requirement at that time and in '78 he built it about 27 feet and he wishes -- he heavily vegetates his every year -- and he wishes he was a little closer to the road because he gets nervous so they don't have a repeat of what they had in Rocky Point severa years ago. Given the fact you've seen the stub end of the road, Glen Court there, and the fact that it was not intended to be open and the landscaping easement can be worked out, I think it is probably an ideal solution. I know the association is pushing that heavily, because it will clean up that area and get the house back as far -- Another thing I didn't point out, the mansion, the big white house you saw there -- the further south that you put this house, and I talked to Mr. Demskie (phonetic) who talked to the owner, the less it interferes, not that you care, with the view of that house. The further you put it towards the Sound, the more it can interfere with the view. So all things considered, even though as you indicated in your correspondence it is somewhat unusual, I think 1 3 4 5 6 7 10 ~2 ( 14 22 2~ 24 14 that 100-foot variance, I think it's set back 65 feet, and I am asking for a front yard variance which would be in effect 35 feet here going back, and I am asking that it be set as close to the road as the Board deems prac- tical. I am asking for zero. The builder would like 35 feet, but I just don't think it is realistic because one variance hinges on the other. It is Catch-22, as you pointed out the last time. THE CHAIRMAN: Could you just furnish us, if you don't have it tonight, the depth of this house in reference to the north-south depth. I know %~e could scale it but -- MR. LARK: He doesn't have that. THE CHAIrmAN: It is not listed. The actual postage stamp or footprint is not listed. It just shows a proposed house. We may have it in. I don't think I have seen it. I looked at this before. One morning I went down there, and I did not see it. It is not something that has to be done tonight, Mr. Lark. MR. LARK: Okay. The surveyor did 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 leave it off. application. the prints? THE CHAIrmAN: what we have there. 15 I think I described it in the You would like that shown on Just so we know exactly secretaries give us a call tomorrow. MR. LARK: I can have the surveyor locate that there, on there for you. That way you would have it officially with exactly what it is. THE CHAI~V~N: Thank you very much. Is there anybody else that would like to speak in favor of this application? Is there anybody that would like to speak against the application? Are there any questions from Baord members? questions, MR. SAWICKI: None. THE CHAI~V~N: Hearing no further I make a motion closing the hearing of the survey. I see that. THE CHAI~¥~N: Just have one of your MR. LARK: The proposed house? Yes. I do mention it in the petition, the size. I believe it is, but it is not on the prints 15 16 17 18 19 2O 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 16 and reserving decision until later. MR. SAWICKI: Second. THE CHAIrmAN: Ail in favor? MR. DOYEN: Aye. MR. SAWICKI: Aye. MR. DINIZIO: Aye. THE CHAIRMAN: The next appeal is Number 3895, in behalf of the firm of Wickham, Wickham & Bressler and we ask Mr. Bressler if there is something he would like to furnish us with? MR. BRESSLER: Yes. For the Applicant: Wickham, Wickham & Bressler, P.C., Main Road, Mattituck, New York 11952, by Eric J. Bressler. At this time, gentlemen of the Board, I have been instructed by my client to withdra~ this application without prejudice. I apologi: to the Board members for the late notice and any members of the public who are in the audience tonight who thought there would be something happening, but only this afternoon I communicated with Mr. Schroeder who expresse~ his intentions to me in this regard. THE CHAI~4AN: Would you furnish us wit! 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 CERTIFICATION 34 I, Gail Roschen, an Official Court Reporter, do hereby certify that the foregoing is a true and accurate transcript of my stenographic notes taken on May 30, 1990. GAIL ROSC~EN SOUTHOLD TOWN ZONING BOARD OF APPEALS COUNTY OF SUFFOLK : STATE OF NEW YORK SOUTHOLD TOWN ZONING BOARD OF APPEALS HEARING - In the matter of: Murray Jacobs, Mark and Ellie Gordon Samuel and Rachel Salzman A. Lies Eileen Villani Thomas Collins Jo~_C~_R~rrone 'R~bert and Theresa Turner Elsie Parkin, Applicants 53095 Main Road Southold, New York 11971 April 19, 1990 BEFORE: GERARD P. GOEHRINGER, Chairman BOARD MEMBERS: CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. ALSO PRESENT: DOREEN ~ FERWERDA MR. GRIGONIS: Aye MR. DOYEN: Aye MR. SAWICKI: Aye 30. MR. DINIZIO: Aye THE CHAIRMAN: The next appeal num 3914 and the Legal Notice reads .... could I just ask somebody to close that back door? ...Thank you. Appeal applicant, Eva Halla, Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, Article XXIV, Sec- tion 100-244, Bulk and Parking Area, Article XXIII, Section 100-239.4, building setbacks from water or wetlands, for permission to' construct a one-family dwelling. Property location: 55 Glen Court, Cutcho§ue, County / Tax Map No. 1000, Section 083-01-01. The survey I have before me, produced by Roderick Van Tuyl (phonetic spelling) the most recent date, September ... January 4,1990. We have a very interesting application here in that the applicant is requesting a zero lot line based upon the top of the bluff to Glen Court, which is simply at this particular point a paper street and the application 31. is a request that the deck be ~pproximately 65 feet from the top of the bluff or what we refer to as the lip of the bluff. I have a zero lot line right adjacent tO Glen Court with a 15'.setback on the west side, 33' on the east side. I have a copy of Suffolk County Tax Map indicating this and surrounding property in the area. Mr. Lar~ MR. LARK: Richard Lark, Main Road Cutchogue. The first thing I'd like to hand up would be a single and separate ownership search which is 244 Section. Should you re- quire it, I hand that up as an exhibit. I thought the Chairman was going to read the application. The application is a part of the record, sworn bY Mrs. Halla, on January 26, 1990. However, I would like to cover a couple of highlights for the Board since, as Mr. Goehringer said, this is a unique application. Mrs. Halla cannot be here tonight because she lives in Levittown and is ill. However, her builder, Mr. Dempsey is here and he can answer any questions since the application you have before you, she was working in 32. concert with him to try to conform this house to the existing topography and surrounding neighborhood and existing houses there. There was indicated in this application or petition that Mrs. Halla, your petitioner is under contract to Mr. Dempsey. However, it was contingent upon getting the building permit. One of the key pieces to keep in mind here is that this is a lot on a single, separate ownership since February 13, 1970 when she and her husband purchased it. The map is a filed map called the Map of Birch Hill which was filed some years prior, I believe 1965. So one section of the zoning code which we'll cover in a minute, says we can go back to the '65 code. So I'll just point that out. In the interim, her husband died so she is the sole owner and she'no longer has any need or intent to 'build on the property and that's the reason she's selling to Mr. Dempsey. But her original intent was to build the home. her husband passed away in '83 so she's decided to sell the lot. The lot you have on that map before you is 100' width and it runs to the, really, foot of the bluff. It has a legal depth of 205' but when looking at the file 33. there's another 50 feet interior that's owned by the Beach Association. That's why you see in the north, the separate search is owned by the Associ- ation. The lot does not go to the high water mark. It goes basically, to the bottom of the bluff with a legal 205 feet from the roadway as indicated in the map. The area, since the filed map, I don't know how to define, "substantial," but the neighbors have found in that area over the years, the bluff erodes at approximately 1 foot per year, the top of it. That's approximate. If you go back to the early surveys and I know from my own experience, living in the neighborhood, that's about right on average, about 1 foot per year it is receding. So what you have here today, you have 151 feet useable property on the westerly side and 134 feet on the easterly side. The bluff runs on a bias to the front of the property on the roadway so that's why you have the difference in footage, the.zoning in effect at that time, the file map when she bought. However, that was a kind of misnomer because the zoning required 12,500 square feet. As the maps are, they're half-acres, 20,000. That's what the Health Department was requiring in those days 34. but the front yard in those days was 35' and the rear yard 25'. It had required 20,000 for the Health Department. In those days there were other houses along the bluff in that area and there was no problem. There are two houses to the east owned by Mrs. Bryant that got variances from the Board of 25 feet, some ten or fifteen years ago when the houses were constructed but they did not have the erosion problem or the shallow lot depth that this lot now suffers. Now the property as you know, is zone R-40. It becomes a non-conforming lot under the existing zoning ordinance in all respects, width, depth, front and side yard requirements, in order to con- struct any kind of home, and I stress that, any kind of home, on the property. Also another sectiol under the zoning code which you're familiar with is you have to have a setback of 100 feet from the top of the bank so you don't have to go past 6th grade to realize you can't conform or build even a dog house on the property, much less anything else when you take it into the zoning. I want to digress here because when the ~. zoning was passed, they passed Section 100-244, 35. sub-section (a) states the policy. Sub-section (b) talks about single and separate, so this meets the requirements that it's a single and separate. The end of sub-section (b) they talk about what relief can be granted and then the zoning law goes over to section (c) which is a little bit confusing. It says that in the case of a single, separate owner- ship,non-conforming lot in that sub-division, approved after April 9, 1957, which we have here, relief of all front, side and rear yard area di- mensions shall be granted to the extent that the front, side and rear side area dimensions were re- quired at the time the map was originally filed. That is, as I indicated, 25' in the rear, 10' on the side and 35' in the front. You can construct a house with that. With that section, you will to determine if it will give us relief from 100' But even if you do determine it and after consultin~ with the builder and everything, we stil~ come here and apply for a variance,it is still felt that for a variance for zero front feet because, again, as you indicated, of the erosion problem on the bluff, you'd be kidding yourselves to try and force 36. a home up toward the bluff. This was pre- sented to the Association and when it was .explained to them, they heartily endorsed it and they own the roadway. It wasa private road as well as a beach and they heartily endorsed the house be built on the road, ri§ht on the road. What it is intended to do, and have as a part of that application, is never to develop that road but rather give an easement of 25 feet ... I'm sorry .... 25 feet apiece on each of the adjoining lot owners, they're not to construct anything there but it would be-land- scaped easement because the road, as you all know, was constructed back in 1965 and has fallen into disrepair. There are trees and shrubs and weeds and there is no road there at this time. It's very unsightly, so the Association endorsed granting the driveway which was what Mr. Dempsey wanted to construct on his 25 feet on the side half of it. And then on the other half would be put landscap- ing which would blend in with a high ante- bellum home. This sits on a lot on the south 37. which was originally the estate owned by Lupton (phonetic spelling.) That seems to be a reason- able solution because they did not want Mr. Demp- sey or anyone else to construct a home any closer to the bluff. Of course,, all the builders would like to put the homes on the bluff because they can sell so rapidly but it is a fact, and the circumstances of erosion and all the problems they have there, it is not a simple matter of just bulkheading the bottom. If the Board goes there to see the many thousands of dollars spent by property owners. The east, they bulkheaded the bottom, bulkheaded the middle, bulkheaded the top this winter. It still comes back a foot per year no matter what's done over there. By allowing plant vegetation to grow, it slows down the erosion problem with the exception of course, of a hurricane or excessive rain. Then it all goes to a mud slide and that's where we get the average of a foot per year. So, by putting it up by a roadway, al- though it requires zero variance, it does make sense in this situation. The Association and neighbors all endorse it because they think 38. that it's a reasonable way of solving the problem. It does give a 65 foot setback from the bluff, not 100 foot but again, rather than try to enforce a section of the code which allows 25 foot rear yard which we could have obtained at the time, it seems a lot of sense to do it this way. I won't comment on the house. If you have any questions, you can ask Mr. Dempsey. He's here. I won't take up much more of your time. It is a Catch 22 situation but with this type of home that he's constructing with a deck and the rear end and rear yard of the property which would still be 65 foot, the north end of this, from the bluff which I have submitted to the Health Department and they have approved. I think you have a letter in the file indicating installation where the septic tank and cesspool and water would be. That has been approved. THE CHAIRMAN: You concur, the zoning existed in 1970 and basically is the same zoning that you would have today in reference to the setback concerning the area of Section 244? 39. MR. LARK: Yes. THE CHAIRMAN: MR. LARK: changed the code was filed in '65 These were what, again? As I indicated, we had not till '71 or '72 and the map and you. had a 35 feet yard front and a 25 feet rear yard THE CHAIRMAN: excepted list? MR. LARK: It is a file map of 244. Is the map on the It is not the excepted map. that meets the requirements THE CHAIRMAN: The reason I question is because I have trouble ing it in total, a law, you can superimplant prior side yard and rear yard and front yard up to the present day standards. We still have, under those sections, relief from un- divided lots so therefore, with this type of problem, how you can superimplant old zoning on top of the present zoning. MR. LARK: That's why I pointed out the section. I'm not sure that 244 Section (c) supercedes what I read in (b) Section. ask that understand- 40. I'm really not sure on it but it all became academic after talking to the Property Owners' Association and realizing the erosion problems and the type of homes constructed there in relationship to the neighborhood. SO he woula' not put 850 square foot house but he does pro- pose to put up there, as you have in the appli- cation a house that has got 2252 sauare foot,-front 1768. He's also confonted with 1600 square foot covenant restriction problem. We have a lot of problems to overcome and so it was decided to go in for zero front yard area, then if the Board felt that 244 section didn't, apply to 239 section, then to ask for a variance.of 100 foot. So we're moving back from 100 foot end. up as to 65 feet. THE CHAIRMAN: The only other thing I wanted to mention was the issue of 1600 square feet. Are there any other houses in the sub- division that are less than 1600 square feet? MR. LARK: No. THE CHAIRMAN: So the Association amends the 1600 square feet stay? MR. LARK: Yes, they're all larger, as a matter of fact. THE CHAIRMAN: Ail right, I guess we'll talk to Mr. Dempsey. MR. DEMPSEY: John Dempsey. The only question is, of course, which has been pretty much answered is, why a particular configuration of a house is, after reviewing the property with Dick, is there a limitation, the configuration? In other words, why, having that piece come out toward the road which I don't know what figure you're referring to or letter. It's really a reverse "L",... the lower ~ortion 6f ~the '!L" is a garage area, I'm not set on this particular house. I have flexability. I just have a house and I figure I would settle in this community and on this piece of property. THE CHAIRMAN: So, in other words, the garage could be ~... (inaudible) ' .... would~be decreased on the east side? MR. DEMPSEY: Yes. THE CHAIRMAN: Thank you very much. MR. LARK: We do have a part of the appli- cation. He has a building plan layout and proposed elevation and he wanted a house with 42. a garage because it fits in with the neighborhood. He felt that by putting it on the roadway, that way he could landscape what is now a paper street to give access. There was a resolution rather than go to a separate, detached garage, drive straight in, then that requires a further variance and more construction on the property. THE CHAIRMAN: The only reason I wanted to mention that Mr. Lark, is we're talking specifically about easement, not abandonment of road. It is strictly an easement there. I know the road, most construc- tion there is a driveway and then it's landscaped. To my knowledge, these are private roads. They're owned by associations. If the Domlaski (phonetic) farm was developed, there was no ingress going to this particular area. MR. LARK: That's correct. To show how adamant they are, the speculators named, bought to cut out four lots, legal as sections, down Oregon Road through the farm lots. They approached the Association and practically offered lifetime paving and all kinds o~ money and everything else but when the Association looked at it, they were adamant, not to allow anybody else in and out of there. As a practical matter when you look at Diminski's (phonetic) piece, on the excavation '... that's why Mr. Dempsey pushed the house as far to the west as he could because it's a tremendous ride straight up there which, you have a lot of excavation. How do you handle that? The original subdivision was 65 and it was probably not proper that they allow these properties in Greenport. The only other thing is what about the disturbance of land in the front and the rear of the house which would be between the deck and the top of the bluff? MR. LARK: He built the house on the bluff. THE CHAIRMAN: Do you understand the ques- tion? Are you clipping the bluff in any way? Well, are you proposing to clip the bluff? MR.DEMPSEY: I'm sure you would like me to "No." Obviously, I would like to obtain as nice a view as I could for the homeowner on the type of growth that is in there. Now there are not any substantial trees. Most of them are locust and wild cherry and poison ivy. THE CHAIRMAN: You have to say poison ivy? 44. I had poison ivy already this year. MR. DEMPSEY: There's black cherry, some locust trees. Until 1970 that was cleared. That had been cleared by the original developer in 1964 and '65 when he did the subdivision. He cleared that. Believe it or not, that was used by a skeet range. That lot was cleared, so the trees that you have there really have grown since about 1973 give or take a year and not very big. THE CHAIRMAN: We're definitely going to have to investigate that a little more. The only other investigation I'm going to request,.I will attack that from the water side which I have not done till this point. We'll ask Sloane Water Conservation to go down and evaluate the bluff and we'll do that within the next two weeks. The reason we have not gone down is that the property line does not extend to the high water mark but in this. particular case, I mentioned this is a unique application so we make application tomorrow to Sloane Water to let them go down and evaluate the bluff. MR. LARK: I suggest to the Board that we recess till the next regularly scheduled meetin¢ 45. and wrap it up till that point. THE CHAIRMAN: During that time, a couple of us, well we'll all go down and attack it. I'm going to do it from the water side. My only concern is the top of the foundation may possibly give us an elevation factor from either the front corner of the house ... but where at the top of the foundation we would approximately be where we could get an idea exactly where we're going. MR. LARK: You mean the road side, the actual house, not the garage? THE CHAIRMAN: Okay, we're talking right here (indicating) this point right here, the top of the foundation. Okay, three feet'above g~ade right now. MR. LARK: Okay, to gain flexibility there, to raise it or lower it? THE CHAIRMAN: I undgrstand that we've had this application for a little while and it is necessary that we deal with it on this particular basis. MR. LARK: When they build on the water, they like to get a foundati0n high, out of the ground because of the view. They push you. I also questioned it. That's the answer they gave me~ 46. So what they said, three feet'~ I'm sure that's what they have in mind to get it up as high as they can. THE CHAIRMAN: That would be a normal height for a foundation, five foot in and three foot out. Do you have a pretty even grade at that particular point? MR. DEMPSEY: Yes it is...only when you get closest to the water. When you go west by Diminski,it goes right up. You have to look this time of year. You can see clear. In the summer time it's covered and you can't nOW. since. side. see as you can THE CHAIRMAN: I have not been down there I'll go back and attack it from the water MR. LARK: When you get to the bluff, it it seems to go level but when you come back toward the mansion the hill starts to... I~ thi the original subdivider actually cut a ro~d in,.. ,it has compounded.' That's a hell of a problem they're living with. 'Th~s erosion has to stop, this erosion ............ so that's why he was tucking the house as far west as he could get. He originally wanted to put it on the east. Then when he realized he was nestling in it, so to speak ... THE CHAIRMAN: Very good. Thank you very much. Is there anybody who would like to speak on behalf of this application? (No response) Is there anybody who would like to speak against this application? (No response) Are there any questions from the Board Members? (Collective response: No) THE CHAIRMAN: Hearing no further questions I make a motion to recess this hearing until the next regularly scheduled meeting and we'll do a further investigation and refer the matter to Suffolk County Soil and Water Conservation. MR. DINIZIO: THE CHAIRMAN: MR. GRIGONIS: Second. All in favor? Aye MR. DOYEN: Aye MR. SAWICKI: Aye MR. DINIZIO: Aye 48. THE CHAIRMAN: Robert and Theresa Turner. Appeal Number 3922. Legal Notice reads as follows: Upon Application of the Applicants, Robert and Theresa Turner, Appeal application number 3922, Variance to the Zoning Ordinance, Article III, Section 100-30 A.4, Bulk and Parking Area, for permission to construct an attached swimming pool to house. Property location: 1525 Albo Drive, Laurel. County Tax Map Number 1000,-126-03-17. I have a copy of the survey dated January 24, 1989 indicating from Roderick Van Tuyl,p.c. an above ground swimming pool. Proposed depth area approximately 7 plus or minus feet from the west property line. I have a copy of the Suffolk County Tax Map. Would you like to be heard, Mr. Turner? MR. TURNER: Robert Turner, 1525 Albo Drive, Laurel. The existing pool as it is now, if ! were to move it, would block the entrance to the basement door so that's the reason for the variance THE CHAIRMAN: You're proposing to deck around that stairway? MR. TURNER: Yes. THE CHAIRMAN: It in-ground pool? MR. TURNER: Yes. the application. is in existence, an That's not necessarily THE CHAIRMAN: You can do that ... only this matter, 7½ feet of this ... I'm sorry 7 feet is toward a particular property line, Is that correct? MR. TURNER: The pool is 3½ into It is more like 3½. the side yard but it from the property line. There's The pool stays is 7 feet not goin§ to be any change. right where it is. THE CHAIRMAN: around this Are you putting a deck side of the pool? MR. TURNER: No. 49. 50. THE CHAIRMAN: Okay, the deck will only be as you're showing here, toward the eas~ side of the property or more directly in the center of the house? MR. TURNER: Right. THE CHAIRMAN: So that part of the pool would be exposed as it presently is? Will there be any more changes, any additions? MR. TURNER: No. THE CHAIRMAN: Okay, no railroad ties or anything of that nature changing it? MR. TURNER: No. THE CHAIRMAN: Thank. you very much. Is there anybody who would like to speak on behalf of this application? (no response) THE CHAIRMAN: Is there anyone who would like to apeak against this application? (no response) THE CHAIRMAN: Any questions from the Board Members. (Collective response: No.) Hearing no further questions, I'll make a motion to close the hearing and reserve decision till later. MR. DINIZIO: Second. THE CHAIRMAN: All in favor? 51. MR. GRIGONIS: Aye MR. DOYEN: Aye MR. SAWICKI: Aye MR. DINIZIO: Aye THE CHAIRMAN: Thank you for coming in. I hope to have a decision for you shortly. THE CHAIRMAN: The next appeal is on behalf of Elsie Parkin, Number 3925. The legal notice reads as follows: Appeal Number 3925, Elsie Parkin Variance to the Zoning Ordinance,Article III A, Section 100-30 A.3, Bulk and Parking Regulations in this Division of land. Property location: 7575 Skunk Lane, Cutchogue, County Tax Map Number 1000-104-04-27. I have a copy of the map dated January24, 1990, Roderick Van Tuyl, p.c. Lot Number 1 being 37,500 square feet with road frontage approximately 125 feet; lot number 2 which is a lot that includes 27,'400 sq.feet which is approximately 128 f~et road frontage, Skunk Lane and Bay Avenue. This is the Suffolk County Tax Map of this and the surrounding area. Is there anybody that would like to be heard on behalf of this application? KAREN HAGEN: Karen Hagen, Wickham, Wickham 52. and Bressler. (Phonetic) Applicant regrets she can't be here. She has a work-related meeting. What I'd like to say about the application, we have been in a similar situation in the past where two houses on one lot, the practical difficult5 being that it is difficult and burdensome two houses on one lot, in terms of selling, renting and keeping up the property. stress that the size of the the surrounding lot on the to subdivide property and would enable the neighbor- hood to have a lot of similar size to surrounding lots and would also be easier for property Qwners to keep up their P.C.O.'s. I submit for the applicant, there has been an access for more than thirty-three years, both dwellings occupied since prior to the zoning code. This is the former Petruchi (phonetic) houses and I assume there was an active C.O. on both these houses. THE CHAIRMAN: Yes there are. How long has Mrs. Parkin owned the property? MS. HAGEN: Since 1971. She owned both parcel since 1971. She and her husband obtained And I'd like to lot in comparison to same zoning is large both parcels in 1971. It was ~eeded to her alone, in 1976. THE CHAIRMAN: These houses are rented? Or does she live in one of them? MS. HAGEN: She lives in the smaller one and rents out the larger one. THE CHAIRMAN: Thank you, Ms. Hagen. Is there anyone else who would like to speak in favor of this application? (No response) Is there anyone who would like to speak against the application? (No response) Would any of the Board Members like to ask any questions? (Collective response: No) Seeing no hands, and no questions from the Board Members, I make a motion to close this hearing and reserve decision until later. MR. DINIZIO: Second. THE CHAIRMAN: Ail in favor? MR. GRIGONIS: Aye MR. DOYEN: MR. SAWICKI: MR. DINIZIO: THE CHAIRMAN: that I recessed, Aye Aye Aye We have one more hearing a hearing from a prior meeting. 53. I'd like to run out for a second and grab more water. We'll recess. So move. MR. GRIGONIS: Aye MR. DOYEN: Aye MR. SAWICKI: Aye MR. DINIZIO: Aye (Recess of the Agenda for April 19, 1990) (Last hearing on April 19, 1990 Agenda, Robert Ochenreiter and Edward Lenceski, Number 3908 - See separate transcript, date.) a little Ail in favor? same CERTIFICATION I, Myrtle Kiefer, do hereby certify that I am an Official Court Reporter and that the foregoing constitutes a true and correct transcript according to my official stenographic notes. Date Myrt~ Kiefer,k- U Grand Jury Reporter 55. RICHARD E LARK ATTORNEY AT LAW CUTCHOGUE, NEW YORK 11935 May 9, 1990 Zoning Board of Appeals Southold Town Hall 53095 Main Road Southold, New York 11971 ATT: Gerard P. Goehringer, Chairman RE: Eva Halla - Appeal No. 3914 Dear Mr. Goehringer: I am in receipt of your letter dated May 7, 1990 which bears a stamp of "Gerard P. Goehringer". I want you to know I take um- brage at the fact you did not have the courtesy to sign this let- ter. A stamp signature on correspondence is an insult to anyone who receives same and can only be characterized as "junk mail". Even the President of the United States signs his correspondence to individuals so I cannot see how it is a burden for you to sign same. I question whether you even read that letter because in the last sentence of the second paragraph, you indicate when you re- ceive something from the Soil and Water Conservation "then and only then will the public hearing commence". If this is so, could you please tell me what took place on the evening of April 19, 1990. If what I attended was not a public hearing, I would like to know what it was. Also you should note that you misspelled the appli- cants last name. Notwithstanding the above, you did not address the questions in my April 23, 1990 letter. For example, you did not address the fact that the Board members did not inspect the property before the public hearing. Further, if members of the Board had seen the prop- erty they would have known as I represented to them the bluff on the property suffered from some erosion. However, the erosion is not as severe as you indicate in the May 7, 1990 letter, because on the easterly portions of the property the bluff is stabilized with vegetation. The westerly portions and the adjacent property form- erly of Domaleski, now owned by a Stephen Abbott, does have some erosion problems. If you had read your May 7, 1990 letter, you will find in the second paragraph the reference to Soil and Water Conservation makes no sense. In one place you state Soil and Water Conservation were not contacted and in another place you state when normal variances are requested they are contacted for an evaluation. Yet in the third paragraph you state that the subject application is extremely unique. The point being is you failed to answer my Zoning Board of Appeals ATT: Gerard P. Goehringer, Chairman RE: Eva Halla -2- May 9, 1990 question as to why you are now requiring an investigation by the Soil and Water Conservation Department. You state that you viewed the property on April 21, 1990, if so, common sense dictates a house constructed on this lot should be located as far south of the bluff as possible, which is the whole point of Mrs. Halla's petition. The Soil and Water Conservation Department is not going to be able to inform you anything different than your naked eye will indicate. If you disagree, then inspect the location of the six houses to the east of the subject premises. Further, I don't like to be critical because you and members of the Board are dedicated, and do a thankless job in an admirable fashion. But yet, I cannot understand all the stalling and bureauc- racy on what is a non-controversial straight forward application which is designed to protect the environment and a future homeowner. Your prompt attention to this matter will be sincerely appreciated. Very truly yours, RFL:tt RICHARD F. LARK ATTOR NEY AT LAW MAIN ROAD - F~ O. BOX 973 June 1, 1990 Southold Town Board of Appeals 53095 Main Road P. O. Box 1179 Southold, New York 11971 ATT: Gerard P. Goehringer, Chairman RE: Eva Halla (Appeal No. 3914) Dear Mr. Goehringer: Pursuant to your request at the hearing which was held on May 30, 1990, I am enclosing a copy of a survey of Roderick Van Tuyl, P.C., last dated Jan. 4, 1990, showing the actual dimensions of the house as calculated by the builder, John R. Dempsey. RFL/bd Enclosure Very tr3L~y yours, ~' hard~r~F. ~/~ ~ard . La~ SOIL AND WATER CONSERVATION DISTRICT COUNTY OF SUFFOLK PATRICK (3. HAl-PIN SUFFOLK COUNTY EXECUTIVE May 7, 1990 Mr. Gerard P. Goehringer, Chairman Town of Southold Board of Appeals Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Dear Mr. Goehringer: We have visited the site of Eva Halla, Application Number 3914 - (Variance), as you requested. The site is heavily vegetated and access is nearly impossible. There is a clear run along the east border to the bluff top edge. The east half of the bluff face appears to be stable and is abundantly vegetated. On the west half the bluff face is bare and eroding with an extremely large glacial erratic (boulder) protruding from the top of the bluff, overhanging the face. There is also a vertical lip at the west half top of the bluff. Slopes on the parcel could not be determined due to the excessive vegetation, however, it appears that surface runoff is the cause of the eroding west half of the bluff face. If a house is built on this parcel it could contribute more surface runoff and have a severe impact on the bluff face. The glacial erretic as it becomes under- mined will one day fall and take a very large quantity of soil with it. If you have any further need of assistance, please feel free to contact us. Sincerely, Paul A. ~ TeNyenhuzs District Technician APPEALS BOARD MEMBERS Gerard P. Goehringer~ Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervlsor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 May 7, 1990 Richard Lark Esq. P.O. Box 973 Main Road Cutchogue, NY 11935 RE: Appl. No. 3914 EVA HALL (Variance) Dear Mr. Lark, I would like you to know that this letter and any subsequent Variance will be made a permanent part of this file. On Saturday morning April 21, 1990 at 7:00 a.m., I inspected the premises from the water side and viewed the severe erosion conditions that exist on this property and the surrounding properties in this subdivision. I explained to you at the Public Hearing, Soil and Water Conservation was not contacted before the Public Hearing of April 19, 1990, due to the fact that there is a Community Beach Association which owns the entire beach area. It is a policy of this Board where normal variances are requested that Soil and Water Conservation be contacted and an evaluation be made by them As your applicant's request is for a zero (0) lot line variance, we are at this particular time awaiting the review to be done by this Suffolk County Agency. When this is received and after the entire Board has revisited the premises, then and only then will the public hearing commence. This application is extremely unique, not only from the standards that are requested for a zero lot line variance, but, from the loss of property through normal erosion, which renders the building area to be severely restricted. I sincerely hope we will reconvene this hearing at everyone's earliest possible convenience. Very truly yours erar P. Goehrigner, Cha~ rman RICHARD F. LARK ATTORNEY AT LAW MAIN ROAD - R O. BOX 973 CUTCHOGUE, NEW YORk 11935 TELEPHONE 516 734w6807 April 23, 1990 Zoning Board of Appeals Southold Town Hall 53095 Main Road Southold, New York 11971 ATT: Gerard P. Goehringer, Chairman RE: Eva Halla Appeal No. 3914 Dear Mr. Goehringer: Thank you for the courtesies extended at the public hearing in the above-captioned matter on April 19, 1990. I was appalled the board members had not seen the subject property since the application was filed on January 30, 1990. The contract vendee has been waiting a long time and is extremely upset the matter has been stalled pending an investigation of the bank by the Soil and Water Conservation Department. I believe this referral is misguided and I am unable to explain why the Soil and Water Conservation Department has any bearing on this variance application. Please keep in mind, as I indicated at the public hearing, that since Mr. Dempsey received from the Suffolk County Department of Health Services approval for the well and septic systems he was also told he could apply to the Building Department for and obtain a building permit pursuant to Section 100-244 of the Zoning Ordinance for a house to be erected 25 feet back from the top of the bank with a front yard of 35 feet. However, Mrs. Halla, Mr. Dempsey and the Birch Hills Property Owners Association believe it would be better to locate the house as close to the roadway as possible to allow for any possible future erosion of the bank plus clean up the street. Therefore, I do not understand why the Board of Appeals recessed the hearing for an assessment by the Soil and Water Conservation Department. Zoning Board of Appeals ATT: Gerard P. Goehringer, Chairman -2- April 23, 1990 You should be aware the Zoning Board of Appeals previously granted a variance on May 20, 1976 (Appeal No. 2134) to the neighboring property for a variance from the 35 foot requirement to a 25 foot requirement. I am enclosing a copy of the prior Board of Appeals application for your review. RFL/bd Enclosure Very truly yours, Richard F. Lark TOVVN OF SOUTHOLD, NEW YORK ACTION OF THE ZON~qG BOAED OF APPEALS Appeal No. 2134 Dated ;%ay 3, 1976 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Harcus & Joanna Bryan~ 108 Wodgewood Drive Corfu, ~]ew York DATE ....~',~a,y...2.0 ~, 1976 Appellant at a meeting of the Zoning Board of Appeals on i'~ay 2 0, 19 7 6 was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance ( ) the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 9:35 P.H. (E.D.S.T.) upon application of Marcus a~d Joanna Bryan , 108 Wddgewood Drive, Coram, New York for a variance in accord~mce with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct dwelling with in- sufficient setback. Location of property: Glen Court, Birch Nills, Cutchogue, New York, Lot $3, ~ap of Birch Hills ~4908. Fee paid $15.00. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical hardship because SEE REVERSE difficulties or unnecessary (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) chan~e the character of the district because SEE REVERSE (would not) and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE FORM ZB4 ZONING BOARD OF APPEALS MarJori~ M~Dermott, Secretary After investigation and inspection the Board finds that applicant requests permission to construct dwelling with insufficient setback, Lot 3, ~ap of Birch Hills, Cutchogue, New York. The applicant has a hardship due to erosion of the cliff. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or un- necessary hardship; the hardship created is unique and would not be shared by all properties alike in the in~ediate vicinity of this property or in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. THEP~FORE IT ~AS RESOLVED, Marcus & Joanna Bryan, 108 Wedgewood Drive, Corem, New York be GRANTED permission to construct dwelling with insufficient setback on Lot ~3, ~ap of Birch llills, Cutchogue, New York, as applied for, subject to the following conditions: That the }~use ~hall be placed no closer ~han 35 feet to the easterly property line and no closer than 25 feet from Glen Court, a private road in this subdivision. That a parking lot for two cars be constructed further north than presently indicated on the site plan and be reached by a ~hort (10 foot) driveway. Vote of the Board: Grigonis, Hulse, Doyen. Ayes:- i,~essrs: , Gillispie, Bergen, DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE Town of Southold Zoning Board of Appeals Re: April t6, 1990 Gentlemen: Please be advised that pursuant to Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above captioned application will not be reviewed because of noncompliance with requirements for notice and maps as stipulated in Informational Bulletin No. 8 of the Suffolk County Planning Com~ission. The following information will only be accepted upon submission through the offices of the municipal referring agency. Please provide the following: (1) a transcript of the minutes of the public hearing; and (2) the analysis and conditional findings of the ZBA. Thank you. Very truly yours, Arthur H. Kurtz Director of Planning GGN:mb S/sGerald G. Newman Chief Planner 605-S-7519 VARIANCE SEARCH STATE OF NEW YORK) SS COUNTY OF SUFFOLK) JEANNE ANSTETT, BEING DUlY sworn deposes and says: That she resides at 386 Marcy Avenue, Riverhead, New York and is over the age of 21 years, and that she is the Office Manager of PECONIC ABSTRACT, INC. and that under her direction title was examined to the parcels of lands described on the annexed schedule, as to Parcels A,B,C AND D. That said examination made to include 02/20/90, and said town to disclose if subject premises is in fact single and separate ownership as appears from the Chains of Title annexed hereto and that the effective date of the applicable Zoning Ordinance is 01/01/65. And that this affidavit is made to assist the Board of Zoning Appeals of the Town of SOUTHOiD and to reach any determination which requires as a basis therefore the information set forth herein and knowing full well that said Board will rely upon the truth thereof. PECONIC ABSTRACT, INC. OFFICE MANAGER SUBJECT PREMISES 1000 - 083.00 - 01.00 - 001.000 lot 1 Edmond R. Lupton and Mabel i. Iupton, his wife to Frederick J. Molle and Altha S. Molle, his wife Liber 3335 cp 298 Dated 3/17/52 Recorded 3/31/52 Altha S. Molle to Birch Properties Inc. Liber 5968 cp 361 Dated 5/25/66 Recorded 6/6/66 Birch Properties Inc. to Vaino Halla and Eva Halla, his wife Liber 6708 cp 30 Dated 2/13/70 Recorded 2/20/70 lAST DEED OF RECORD ADJACENT SOUTH BY GlEN COURT SW~T~ BEFOR~F~pME THIS ARY P iIC ~~ OFFICE MANAGER ADJACENT NORTH 1000 - 083.00 - 01.00 - 004.000 Park and Playground Edmond R. Iupton and Mabel L. Lupton, his wife to Frederick J. Molle and Altha S. Molle, his wife Liber 3335 cp 298 Dated 3/17/52 Recorded 3/31/52 Altha S. Molle to Birch Properties Liber 5968 cp 361 Dated 5/25/66 Recorded 6/6/66 Birch Properties Inc. to Birch Hills Property Owners Association, Inc. Liber 6739 cp 405 Dated 4/21/70 Recorded 5/7/70 LAST DEED OF RECORD SWO. P~I TO BEFORE ME THIS 14o ~2-377595~ Suflo(k C~ PECONIC ABSTRACT, INC. J~ANNE ANSTETT OFFICE MANAGER ADJACENT EAST lOT 2 1000 - 083.00 Edmond R. lupton and Mabel i. iupton, his wife to Frederick J. Molle and Altha S. Molle, his wife Altha S. Molle to Birch Properties Inc. Birch Properties Inc. to Gregory Dawson Gregory Dawson to Marcus R. Ryan lAST DEED OF RECORD - 01.00 - 002.000 iiber 3335 cp 298 Dated 3/17/52 Recorded 3/31/52 iiber 5968 cp 361 Dated 5/25/66 Recorded 6/6/66 iiber 6654 cp 178 Dated 10/27/69 Recorded 11/7/69 Iiber 7233 cp 429 Dated 8/30/72 Recorded 9/5/72 ~ ~PECO ABSTRAC INC. ~ANNE ANSTETT OFFICE MANAGER ADJACENT WEST 1000 DESCRIBED PREMISES 083.00 - 01.00 - 033.000 William S. lindsay and Liber 1633 cp 599 Katherine M. lindsay Dated 2/12/32 to Recorded 2/15/32 Alex Domaleski and Stella Domaleski Stella Domaleski died 1/10/60 Alex Domaleski died 10/4/71 leaving his only heir and executor of his will Henry I. Domaleski Henry I. Domaleski to Stephen Abbott Liber 10209 cp 528 Dated 12/31/86 Recorded 1/6/87 LAST DEED OF RECORD NSTETT OFFICE MANAGER SWp~N TO BE~ORE~ME THIS ~ ~rch ~Seills ~Property Owners eAssociation.~,Inc. ~_>.~-~~-,. ~irch £an~, e.tchog~, New ,..Tork ~935 January 29, 1990 Zoning Board of Appeals Southold Town Hall 53095 Main Road Southold, New York 11971 ATT: Gerard P. Goehringer, Chairman RE: Variance request of Eva Halla Dear Mr. Goehringer: I have read the variance application of Eva Halla, sworn to on January 26, 1990 and on behalf of the Association this variance is in conformance to the wishes of the members of the property owners association. I respectfully request you approve Eva Halla's request for this variance. BIRCH HILLS PROPERTY OWNERS ASSOCIATION, INC. BYjo~e ~n~, pr~~7~-~ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOFF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 April 20, 1990 Mr. Stanley A. Pauzer, District Manager. Suffolk County Soil & Water Conservation Peconic Plaza - Route 58 164 Old Country Road Riverhead, NY 11901 Re: Appl. No. 3914 - EVA HALLA (Variance) Dear Mr. Pauzer: We presently have an application pending in which the property owner proposes to construct a one family dwelling. Also attached is a portion of the County Tax Map showing the immediate area, and copies portion of the survey. The subject premises is located along the north sideCounty Road 48, Greenport. May we ask your assessment of this project? The public hearing is expected to be held on May 9, 1990. (If additional information or time is needed, please don't hesitate to let us know.) Your time and efforts are greatly appreciated. Thank you. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Enclosures By Doreen Ferwerda APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD S.E.9.R.A. TYPE II ACTI~ON DECLARATION SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 ,Southold, New York 11971 Fax (516) 765-1823 l~elephone (516) 765-1800 Appeal No. 3914 Project/Applicants: County Tax Map No. Location of Project: EVA HALLA 1000- 83-1-1 55 Glen .Court, Cutchogue Relief Requested/Jurisdiction Before This Board in this Project: Construct one. family dwelling with approved setbacks from water or wetlands. This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board's area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617.2jj, this Department is excluded as an involved agency. This determination shall not, however, affect any other agency's interest as an involved agency under SEQRA 617.2jj. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. tm HEARINGS FOR APRIL 19, 1990 Long Island Watchman Suffolk Times Clerk Bulletin Board Z.B.A. Bulletin Board Environment East, Inc. Richard Lark, Esq. Mr. Murray Jacobs Karen Hagen, Esq. Robert F. Kozakiewicz, Esq. Robert Bohn Ms. Tanya Lachenmer Robert Turner Charles Cuddy, Esq. Mr. Samuel Salzman Legal Notices sent on or about to the following: 3075 Indian Peconic, NY (for Gordon Neck Lane 11958 #3927) PO Box 1033, 7575 Cox Cutchogue, NY 11935 (for Halla #3914) Lane 1180 Sage Blvd. Greenport, NY 11944 (for #3926) Wickham, Wickham & Bressler Main Road, PO Box 1424 Mattituck, NY 11952 (for Parkin #3925) 616 Roanoke Avenue, PO Riverhead, NY 11901 (for Villani #3921) Box 779 PO Box 55 Peconic, NY 11958 (for Lios #3920) Land Use Co. 2576 Sound'Avenue Baiting Hollow, NY 11933 (for Collins #3919) 1525 Albo Drive Laurel, NY 11948 (#3922) Box 1547 Riverhead, NY 11901 42 Maxwell Road Garden City, NY 11530 .IUDITH T. TERRY TOWN CLERK REGISTRAR OF V[TAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Dated: January 30, 1990 Transmitted herewith is Zoning Appeal No. Eva Halla Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 3914 , application of for a variance. Also included is: Notification to Adjacent Property Owners; Short Environmental Assessment Form letter relative to NYS Tidal Wetlands Land Use; Notice of Disapproval from the Building Department; survey of property; and any other attachments relative to this application. Judith T. Terry RICHARD E LARK ATTORNEY AT LAW MAIN ROAD - R O. BOX 973 CUTCHOGUE, NEW YORK 11935 TELEPHONE 516 734'6807 FAX 516 734-5f69 January 26, 1990 D;CEIVED la. Southold Town Clerk Zoning Board of Appeals Town of Southold - Town Hall 53095 Main Road Southold, New York 11971 RE: Eva Halla - Cutchogue, New York Gentlemen: In connection with the above-captioned matter, I am enclosing the following: 1. Notice of Disapproval from the Building Inspector dated January 25, 1990. Appeal from Decision of Building Inspector, in triplicate, signed by Eva Halla, sworn to on January 26, 1990. 3. Short Environmental Assessment Form. 4. Questionnaire. 5. Notice to Adjacent Property Owners with proof of mailing. Four (4) prints of Map of Property for Eva Halla by Roderick Van Tuyl, P.C. dated Sept. 1, 1989 and last revised Jan. 4, 1990. 7. Check No. 754 of Eva Halla to the Southold Town Clerk in the amount of $150.00. If all is in order, would kindly place the matter on the next available Board of Appeals agenda and notify me of the date and time. If you have any questions, do not hesitate to call. RFL/bd Enclosures Very ~.~uly yours, · ~lchard F .~k RICHARD F. LARK ATTORNEY AT[AW March 12, 1990 Zoning Board of Appeals Southold Town Hall 53095 Main Road Southold, New York 11971 ATT: Gerard P. Goehringer, Chairman RE: Eva Halla (Appeal No. 3914) Dear Mr. Goehringer: In connection with the above-captioned matter, I am enclosing a copy of a survey of Roderick Van Tuyl, P.C., last amended Jan. 4, 1990, indicating approval of the well and septic by the Suffolk County Dept. of Health. Kindly include same in your file and advise me when you have scheduled a public hearing on this matter. RFL/bd Enclosure Very ~r~uly yours, Hearings for May 30, 1990 - Legal Notices the following: Long Island Watchman Suffolk Times Clerk Bulletin Board ZBA Bulletin Board Mr. Robert Bohn Box 55 Peconic, NY 11958 (A. Lios) Mr. Henry Raynor P.O. Drawer A Jamesport, Ny 11947 (Nicholas Aliano) Richard Lark, Esq. P.O. Box 973 Cutchogue, NY 11935 (Eva Halla) Ms. Pamela Valentine 249 West 29th St., Apt. New York, NY lO001 12 Scott Zambek, Esq. 801 Motor Parkway Hauppauge, NY 11788 (Jordan's Partners) Dan C, Ross, Esq. Wickham, Wickham & Bressler P.O. Box 1424 Mattituck, NY 11952 (Robert and Ethelle Schroeder) send May 22, 1990 to APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supen4sor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 April 9:1990 Richard Lark, Esq. P.O. Box 1033 7575 Cox Lane Cutchogue, NY 11935 Re: Appl. No. 3914 - Eva Halla Variance) Dear Mr. Lark: This letter will acknowledge receipt of your application for a variance and confirm that the Board members are individually conducting field inspections and review 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 or about April 19, 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 time) in the near future. We do sincerely thank you for your continued patience during this period of transition within our department. GERARD P. GOEHRINGER CHAIRMAN GPG/df Southold Town Board of Appeals MAiN ROAD ' STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX No. (516) 765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: /~ _ XX Variance from the Zoning Code, Article////?!, Variance from Determination of South~ld Town Building inspector. Special Exception, Article , Section Special Permit Appeal No.: 3914 Applicant: Eva Halla Location of Affected Land: Glen Court, Cutchogue, County Tax Map Item No.: 1000-83-1-1 Within 500 feet of: Town or Village Boundary Line XX Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Boundary of Existing or Proposed County, Boundary of Existing or Proposed County, Other Recreation Area NY Thruway State or Federally Owned Land 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 construct a one family dwelling on a non-conforming lot Copies of Town file and related documents enclosed for your review. Dated: April 10, 1990 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, N.Y. 11971, on THURSDAY, APRIL 19, 1990, at the following times: 7:30 p.m. Appl. No. 3926--- MURRAY JACOBS. Variance. to the Zoning Ordinance, Arti- cle III, Section 100-33, as dis- approved for permission to con- struct an accessory shed in side ~asd, accessory buildings may be located in the required rear yard. Property Location: 1180 Sage Boulevard, G~enport, County ~ Map No. 1000, Section 53, Block 5, Lot 9. 7:35 p.m. Appl. No. 3927-- MARK AND ELLIE GOR- DON. Variance to the Zoning Ordinance, Article IlL Section 100-33, as disapproved, for per- mission to construct an acces- sory building to tennis court located in front yard, accessories permitted in the rear yard area only. Property Location: Private Road gT, Fords Road, Southold, County 'lhx Map No. 1000, Sec- tion 087, Block 01, Lot 18.4. 7:40 p.m. Appl. No. 3928-- SAMUEL AND RACHEL SALZMAN. Variance to the Zoning Ordinance, Article 111 A, Section 100-30 A.3, as disap- proved, for permission to con- struct addition to an existing dwelling, proposed construction will have insufficient front yard setbacks. Property Location: 65 Old Salt Road and 400 Rochelle Place, Mattituck, County Tax Map No. 1000, Section 144, Block 5, LOt 22. 7:45 p.m. AppL No. 3920--- A. LIOS. Variance to the Zon- ing Ordinance, Article XXIV, Section 100-244, as disapproved, for permission to construct a deck addition to existing pool, proppsed_ construction exceeds permitted lot coverage, and will' have insufficient side yard set- backs. Property Location: 310 Linda Road, Mattituck, Coun- ty 2bx Map No. 1000, Section 106, Block 1, LOt 14. 7:50 p.m~ 'Appl. No. 3921-- E1LEEN VILLANI. Variance to the Zoning Ordinance, Article XXIII, Section 100-239 B, for permission to construct deck ad- dition to existing one family dwelling, proposed construction will be within 75 ft. of water or wetlands. Property Location: Private Road 925 Wood Lane, Peconic, County Lax Map No. 1000, Section 086, Block 06, Lot 10. 7:55 p.m. Appl. No. 3919- THOMAS COLLINS. Variance to the Zoning Ordinance, Arti- cle XXlII, Section 100-239 4.B, for permission to construct a deck addition to a one family dwelling, proposed construction will be less than 75 ft. from the bulkhead. Property Location 305 Dawn Drive, East Marion, County Lax Map No. 1000, Sec- tion 35, Block 5, LOt 20. 8:00 p.m. Appl. No. 3930--- 3OHN C. PERRONE. Special Exception to the Zoning Ordi- nance, Article X, Section 100-10lB, for permission to oc- cupy and use as a billiard par- lor for commercial recreation. Property Location: Main Road, State Road 25, Mattituck, County Tax Map No. 1000, Sec-'f'' tion 122, Block 6, Lot 31. p.m. Appl. VA HALLA. Variance to the ce, Article HI A' /Section 100-30 A.3, Article'X~ XXIV, Section 100-244, Bulk / and Parking Area, Article [ .XXIII, Section 100-239.4, build- [ lng setbacks from water or wet- lands, for permission to con- struct a one family dwelling. \ Property Location: 55 Glen Court, Cutchogue, County Tax Map No. 1000, Section 083, ~1, Lot 01. 8:10--p.m Appl. No. 3922-- ROBERT AND THERESA TURNER. Variance to the Zon- ing Ordinance, Article 111, Sec- tion 100-30 A.4, Bulk and Park- ing area, for permission to con- struct an attached swimming pool to house. Property Loca- tion: 1525 Albo Drive, Laurel, County Tax Map No. 1000, Sec- tion 126, Block 03, Lot 17. 8:15 p.m. Appl. No. 3925-- ELSIE PARKIN. Variance to the Zoning Ordinance, Article I11 A, Section 100-30 A.3, Bulk and Parking Regulations in this Division of Land. Property Location: 7575 Skunk Lane, Cutchngue, County 'lhx Map No. 1000, Section 104, Block 04, Lot 27. 8:20 p.m. Appl. No. 3908-- ROBERT OCHENREITER AND EDWARD LENCESKI. Variance for reversal of a build- ing permit to construct a one family dwelling. Property Loca- tion: 565 Bayer Road, Matti- tuck, County Lax Map No. I000, Section 139, Block 3, Lot 14. The Board of Appeals will at said time and p/ace hear any and all persons or representatives de- siring to be heard in each of the above matters. Written com- ments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before time allot- ted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated: April 9, 1990 · BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN - By Doreen Ferwerda IX: 4/12/90 (80) NOTICE OF HEARINGS NOTICE IS I IhP, EBY GIVEN, pur- suant to Section 267 of th~ Town Law and the Code of thc Town of Southold, thc following heatings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Rcgulat Meeting, at thc Southold Town hall. Main Road, $outhold, NY 11971, on TIlURSDAY, APl{IL 19, 1990, at thc following times: 7:30 p.m. AppL No., 3926 -- MURRAY JACOBS. Vadan~ to thc Zoning Ordinance:, Article III, Sec- tion 100-33, as disapproved for sory shed in side yard, accessory buildings may be located in thc quired t~ar yard. Property Location: 1180 Sage Boulevard, Gre~nport, County Tax Map No. 1000, Section 53, Block 5, Lot 9. 7:35 p.m. Appl. No. 3927 -- MARK AND El I fit GORDON. Vad- ancc to the Zoning Ordinance, Arti- cle Ill, Section 100-33, as disap- i proved?for ix:tmission to construct an acc~cs$ory building to tennis court lo~ated in front yard, acces- sories permitted in the rear yard area only. Property Location: Private Road /$7, Fords Road, Southold, County Tax Map No. 1000, Section 087, Block 01, Lot 18.4. 7:40 p.m. AppL No. 3928 -- SAMUEL AND RACHEL SALZ- MAN. Va~anc~ to the Zoning Ordi- nance, Article III A, Section 100- 30 A.3, as disapproved, for permission to construct addition to an existing dwelling, proposed Ro~belle Place, Matlltuck. County Tax Map No. 1000. Seotion 144, Block 5, Lot 22. 7:45 p.m. Appl. No. 3920 -- A. LIes. Vadanc~ to the Zoning Ordi- EVA 11ALLA. Vafianc~ to thc Zen- 1000, Section 083, Block 01. ~ 8:10 p.m. Appl. No. 3922 ROBERT AND TI.I ERESA TURNER. Variance to thc Zoning Ordinance, Article HI, Section 100-30 A.4, Bulk and Parking ama, for permis- sion to construct an attached swimming pool to house. Property Location: 1525 Albo Drive, Laurel, County Tax Map No. I000, Section 126, Block 03, Lot 17. 8:15 p.m. Appl. No. 392.5 ELSIE PARICIN. Variance to thc Zoning Ordinance, Article llI A, Section 100-30 A.3, Bulk and Park- lng Regulations in this Division of Land. Property Location 7575 Skunk Lane, Cutehogue, County Tax Map No. 1000, Scction 104, Block 04, Lot 27. 8:20 p.m. Appl. No. 3908 -- ROBERT OCHSENREITER AND EDWARD LF~NCES KL Variance for reversal of a building permit to construct a onc family dwelling. Property Location 565 Bayer Road. Mattituck, County Tax Map No. 1000, Section 139, Block 3, Lot 14. The Board of Appeals will at said time and place hear any and all per- bc heard in each of thc above mat- ter$. Written commcnt~ may also be submitted prior to the conclusion of thc $ubjcot hearing. Each beating will not start before time allotted. Additional time for your prc$cntation will b~ availabin, if needed. For more information, plcasc caU 765-1809. Dated April 9, 1990 BYORDI~ OF TI IE SOUTI IOLD TOWN BOARD OF APPEAl .q GERARD P. GOEI llL~Gl~ By Dorecn Fc.~v~da 6644-1TAI2 ,14-16o4 (2/87%--Text 12 PROJECTI.D. NUMBER 617.21e Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I~PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME Eva Halla Eva Halla ' 3. PROJECT LOCATION: Municipagty Town of Southold County of Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) North side of Glen Court, west of Birch Lane, Cutchogue, New York. Suffolk County Tax Map No. District 1000, Section 083.00, Block 01.00, Lot 001.000 5. IS PROPOSED ACTION: [] New [] Exoansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Application to construct dwelling on non-conforming lot. ?. AMOUNT OF LAND AFFECTED: Initially 20r293 sq. ft. ~ u~timate~y 20,293 s~.ft. ~ 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [~Yes ~]No IfNo, describe briefly A variance from the Southold Town Zoning Boar~ of Appeals is required. 9. WHAT IS PRESENT LAND USE IN VICINIIY OF PROJECT? ~ ~ Residential [] industrial ~[] Commercial [] Agriculture [] Par~ForestlOpen space [] Other Describe; 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes [] No If yes, list agency(s) and permit/approvals Suffolk County Health Department 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No if ye~, list agency name and permitla~)proval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? [] Yes [] No I CERTIFY THAT THE ,NFORMAT,ON PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE SEQR Applicant/sponsor name: Eva Ha 1 la Date: 1/~_~_/90 If the action Js in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 (Continued on reverse side) The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will be made by this board before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FO~4 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 the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? ~es X NO 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 XNo 4. Will project have a potentially large, impact on groundwater quality? Yes XNo 5. Will project significantly effect drainage flow on adjacent sites? Yes X No 6. Will project affect any threatened or endangered plant or animal species? Yes X No 7. Will project result in a major adverse effect on air quality? Yes X NO 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? Yes X No 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site ~esign~ted a~ ~ critical envircamental area by a local agency? Yes X No 10. 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? . Yes XNo 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? Yes X No 13. Will project have any impact on public health or safety? Yes X No 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year Yes X No period or have a major negative effect on the charact~ of the community or neighborhood? Is there public controversy Concerning the project? ~ 15. Preparer'$ Signature: Representing: ZBA ~/75 __Yes X No Date: 1/~/90 QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED WITH YOUR APPLICATION FORMS TO 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? ~n~ No 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? ~ No ~ No 3. Are there existing structures at or below ground level, such as patios, foundations, etc? ~ No 4. Are there any existing or proposed fences, concrete barriers, decks, etc? If project is proposed for an accessory building or structure, i~ total height at more than 18 feet above average ground' level? State total: ft. No If project is proposed for principal building or structure, is total height at more than 35 feet above average ground~ level? State total: ft. NO 7. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. ffm~x No Are there any building permits pending on this parcel (or abutting land under your ownership, if any)? State Permit # and Nature: No 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 Suffolk Village of Greenport N.Y.S.D.E.C. Other Yes No No NO No No No 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from'contract) Yes 11. Is new construction proposed in the area of contours at 5 feet or less as exists? :Y:e~ No 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? ~g No 13. Please list present use or operations conducted upon the subject property at this time vacant land and proposed one-family dwellinq Please submit photographs for the record. I certify that the above statements are true and are being submitted for reliance by the Board of Appeals in considering my application. Signature (Property Owner) (~X~x~x~) Eva Halla 1/88 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 cov- ered with, or which border on, tidal waters, or htnds 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 banks, bogs, salt marsh, swamps, meadows, flaL~ or other low lying lands subject to tidal action: (2) All banks, bogs, meadows, flats and tidal marsh : subject to such tides and upon which grows or may grow some or any of the following: salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel, 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 landward of the most landward edge of such a tidal wetland. FRESttWATER WETLAN DS: (I) "Freshwater wetlands" as · c~ne~ in Article 24, Ti- tle 1, § 24-0107, Subdivisions l(a) to l(d) inclusive, of the Environmental Conservation Law of the State of Ne~, York; and (2) All land immediate :,, adjacent to a "freshwater wet- !and," as defined in Subsection B(1) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a "fi'eshwater wetlaad." 9705 Parties: Property: Price: Form 8041' Contract of S,le WARNING: NO REPRESENTATION IS MADE THAT THIS FORM OF CONTRACT FOR THE SALE AND PURCHASE OF REAL ESTATE COMPLIES WITH SECTION 5-702 OF THE GENERAL OBLIGATIONS LAW ("PLAIN ENGLISH"). CONSULT YOUR LAWYER BEFORE :SIGNING IT. NOTE: FIRE AND CASUALTY LOSSES: This contract form does not provide for what happens in the event of fire or casualty loss before the title closing. Unless different provision is made in this contract, Section 5-1311 of the General Obligations Law will apply. One part of that law makes a purchaser responsible for fire and casualty loss upon taking of title to or possession of the premises. CONTRACT OF SALE made as of the o~"~,u~ dayof ~o ~ OgJff ,19~ BETWEEN EVA HALLA, as surviving tenant by the entirety of Vaino Halla, who died on April 27, 1983, a resident of Nassau County, New York (Surrogate's Court File No. 2256-83) Address: 5 Randy Lane, Plainview, New York hereinafter called "SELLER", who agrees to sell, and JOHN R. DEMPSEY Address: Main Road, P. O. Box 5, Cutchogue, New York hereinafter called "PURCHASER", who agrees to buy: The property, including all buildings and improvements thereon (the "PREMISES") (more fully described on a separate page marked "Schedule A") and also known as: Street Address. Glen Court, Cutchogue, New York Tax Map Designation: District 1000, Section 083.00, Block 01.00, Lot 001.000 Together with SELLER'S interest, if any, in streets and unpaid awards as set forth in Paragraph 9. PREMISES, unless s~p'&ia&aiiy c:~cluaea and clear of any lien other than the EXISTING MORTGAGE~ limited to plumbing, heating, lighting and cooking ti:aares, screens, awnings, (VACANT LAND) 1. a. The purchase price is payable as follows: $ 250,000.00 On the signing of this contract, by check subject to collection: to be held in escrow by seller's attorney until closing of title By a Purchase Money Note and Mortgage from PURCHASER (or assigns) to SELLER: (See paragraph 27 for terms and conditions) BALANCE AT CLOSING: 1,000.00 186,500.00 62,500.00 m:~:..3., i.-. ?,~) ..-.:.....ne rurcnase ,,oney rtote and Mortgage sball be drawn on the TICOR TITLE GUARANTEE COMPANY slandard form by the attorney for SELLER. PURCHASER shall pay the mortgage recording tax, recording fees and tbe atlorney%; fees in the amount of $ 2 5 0.0 0 for its preparation. reouce the unpam prmmpa~ amount of an ~ISTING MORTGAGE below the a~~2~en the balance of the price payable at CLOSING will be adjusted. S~ shown i~ P~rag~aph 2 is reasonably correct and that only ~y~~~ will be made. ~ ' d. If there iS~axes or insurance, etc., SELLER shall ' ' CHASER, il it can be assigned. In that event PURCHASER shall pay the amount in ~k; .... cw ::::unt t: SELLER ~ CLOS~NC. Existing .~,g. o~tgage~s} .4cceptable Funds: "Sub/ect to" Provisions: Title Company Approval: Closing Defined and Form o! Deed: Closing Date and Place: Assignment o! Unpaid Awards: Certificate to Existing Mortgage(s): Compliance with State and Municipal Department Violations and Orders: Omit ~ the Property isNot In the City o/ New York: Installment ~y payable in ins~a.l~a'~of $ -~'pal, i~ter~st, - ' ' ' ~ SELLER ~?mit~ the h~lder of tho mort a equire its immediate payment in full or to change any other term thereof by reason of the fact of 3. All money payable under this contract, unless otherwise specified, shall be either: a. Cash, but not over one thousand ($1.,000.00) Dollars, b. Good certified check of PURCHASER, or official check of any bank, savings bank, trust company, or savings and loan association having a banking office in the State of New York, payable to the order of SELLER, or to the order of PURCHASER and duly endorsed by PURCHASER (if an individual) to the order of SELLER in the presence ot SELLER or SELLER'S attorney. c. Money other than the purchase price, payable to SELLER at CLOSING, may be by check of PURCHASER up to thc amount of Five Hundred and 00/100 ........... ($500.00) dollars, or d. As otherwise agreed to in writing by SELLER or SELLER'S attorney. 4. The PREMISES are to be transferred subject to: a. Laws and governmental regulations that affect the use and maintenance of the PREMISES, provided that they are not violated by the buildings and improvements erected on the PREMISES. b. Consents :[or the erection of any structures on, under or above any streets on which the PREMISES abut. c. Encroachments of stoops, areas, cellar steps, trim and cornices, if any, upon any street or highway. .... d. Any .sta%p..of fa6ts an accurat~ survey may show provided ~ln~ does ~ot 'render clc±e umnarKer~D-e. e. Covenants and Restrictions dated November 11, 1979 and recorded in the Suffolk County Clerk's Office on ~May 28, 1980 in Liber 8830 Page 07, a copy of which is attached hereto as Schedule B. 5. SELLER shall give and PURCHASER shall accept such title as ~ title co. doJ. n business in Suffolk Co. and will be willing to approve and insure in accordance with the standard form of title policy approved by the New York State Insurance Department, subject only to the matters provided for in this contract. 6. "CLOSING" means the settlement of the obligations of SELLER and PURCHASER to each other under this contract, including the payment of the purchase price to SELLER, and the delivery to PURCHASER of a ~gain & sale with ¢x:~venant against grantor's acts deed in proper statutory form for recording so as to transfer full ownership (fee simple title) to the PREMISES, free of all encumbrances except as herein stated. The deed will contain a covenant by SELLER as required by Section 13 of the Lien Law. I{ SELLER is a corporation, it will deliver to PURCHASER at the time of CLOSING (a) a resolution of its Board of Directors authorizing the sale and delivery of the deed, and (b) a certificate by the Secretary or Assistant Secretary of the corporation certifying such resolution and setting forth facts showing that the transfer is in conformity with the requirements of Section 909 of the Business Corporation Law. The deed in such case shall contain a recital sufficient to establish compliance with that. section. 7. CLOSING will take place at the office of Riohard F. T~r.k; E?t., .Main Roadt C-Mtchogtle, New York, on or a~out 30 days frc~a the date os the DuildLng ~ermic. 8. PURCHASER hereby states that PURCHASER has not dealt with any broker in connection with this sale other than BOOKMILLER REAL ESTATE, INC., Jamesport, New York and SELLER agrees to pay the broker the commission earned thereby (pursuant to separate agreement). 9. This sale includes all of SELLER'S ownership and rights, if any, in any land lying in the bed of any street or highway, opened or proposed, in front of or adjoining the PREMISES to the center line thereof. It also includes any right of SELLER to any unpaid award by reason of any taking by condemnation and/or for any damage to the PREMISES by reason of change of grade of any street or highway. SELLER will deliver at no additional cost to PURCHASER, at CLOSING, or thereafter, on demand, any documents which PURCHASER, may re,quire to collect the award and damages. , .' '::' q' '; .... ' before CLOSING signed by the holder of each EXISTING MORTG~~he amount of the unpaid principal and interest, date of ma~sha, ll.pay~ th? fe?_.for recording such certificate. If the h~ned in. Sect. i.on 2~_4-a, Real Property L~ot more than thirty (30) d~~at any EXISTING MORTGAGE ..' ..... e '-~ de_t'_''h et the t"__'n_.: cf CLOS!NC.' 11. a. SELLER will comply with all notes or notices of violations of law or municipal ordinances, orders or requirements noted in or issued by any go~,e£nmental department haying authority as to lands, housing, buildings, ~re, health and labor conditions affecting the PREMISES at the date hereof. The PREMISES shall be transferred free of them at CLOSING ~0gck~li~g~il~glsh~i~: CLOSING. SELLER shall furnish PURCHASER with any authorizations necessary to make the searches that could disclose these matters. 12. If at the time of CLOSING the PREMISES are affected by an assessment which is or may become payable in annual installments, and the first installment is then a lien, or has been paid, then for the purposes of this contract all the unpaid installments shall be considered due and are to be paid by SELLER at CLOSING. SCIIEDULE A (Description of Premises) · All Ilmt certaiu plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, (~% lying and being in the Town of Soukhold, County of Suffolk and State of New York, known and designated as Lot No. 1 on a certain map entitled "Map of Birch llills" and filed in the Office of the Clerk of the County of Suffolk on July 19, 1967 as Map No. 4908. and one ] RIDER TO CONTRACT OF SALE BETWEEN EVA HALLA, SELLER AND JOHN R. DEMPSEY, PURCHASER DATED ~ ~ ~,l~ 26. This contract is subject to and conditioned upon the purchasef'receiving a building permit from the Building Department of the Town of 'Southold on or before the closing of title. The building permit application will be obtained at the sole cost and expense of the seller.' However,~ the purchaser 'will provide building plans, including elevations, forI which a b~uilding permit is sought. ' ' ' "" ~!~':' ~ .. ~,'~o ' 27. The purchase money mortgage in the amount of $186,500.00 being given by the seller herein shall be due five (5) years from the date of closing, with interest thereon to be computed from the date ~f ~losing at rate of ten (10%! percent per annum and shall be paid ln quarterly payments commencing 3 months i% from the date ~!of closing and ~t6rlYthereafter, notwithstanding ~ny ~efault hereunder, except that the final payment of the entire ~ndebted- ~ness, if not sooner paid, shall be due and payable five (5) years from the date of closing. The purchase money bond shall contain ~the privilege of prepayment by the purchaser at any time in whole or in part without penalty after January 1, 1990. The purchaser iwill pay a "late charge" of two (2%) percent of any monthly payment when paid more than fifteen (15) days after the due date thereof. The mortgagee, or any subsequent holder of th~s mortgage, will at any time on demand of the mortgagor Or the then owner of the premises, subordinate this purchase money mortgage to a building loan mortgage up to $200,000.00 given by any regulated lending institution for construction of improvements on the property. 28. The purchase money mortgage hereinabove referred to shall contain the following provisions, among others, provided for on the standard form of the New York Board of Title Underwriters for mortgages of like lien: (a) That the whole of said principal and interest shall become due and payable in the event the premises are sold or transferred by the mortgagor to a third party. (b) The unpaid principal sum secured by this mortgage shall bear interest at the rate of ten (10%) percent per annum, until the entire principal sum hereof has been fully paid, not- withstanding any default hereunder, or condemnation of the mortgaged premises. (c) In the event of a default under this mortgage~ and if the mortgaged premises shall be abandoned or vacated by the mortgagor, or any successors in title, the mortgagee shall be entitled to take possession'of the premises and to take whatever steps necessary to protect and conserve the mortgagee's security. (d) That the holder of this mortgage, in any action to foreclose same, shall be entitled to reasonable attorney's fees to be fixed by the Court. (e) When the full mortgage indebtedness and interest shall have been paid, the holder of the mortgage will execute and deliver to the owner of the premises a satisfaction of the mortgage in proper form for recording, prepared by the attorney for the mortgagee at the expense of the mortgagor or then owner of the premises at a cost of $50.00. Eva Halla We, 07 AGREE~..ENT ~3!ENDI~'IG DECLAP~%TION OY CO',7E~.~'£S AND RESTRICTIONS Nove~er 11, 1979 the undersigned being owners of real property Town of Southold, Suffolk County, New York, .at Cutchogue, bounded and described as follows: ALL that certain plot, piece or parcel of land situate, lying and being in the Town of Southold, Count~ of Suffolk, and State of New York, known and designated as and by lot number 1 to 16, inclusive, on a certain map entitled "Map of Birch Hills at Cutchogue, Town of Southold, Suffolk County, New York",.and filed in the office of the Clerk of the County of. Suffolk on July 19, 1967 as Map No. 4908. The premises are referred to on the Suffolk County Tax Hap as District 1000, Section 083, Block 1, Lots 1, 2, 3 4, 5, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31. ereinafter referred to as the "Map of Birch Hills" for the purpose f maintaining fair and adequate property values of the property depicted on the "Map of Birch Hills" and of continuing the "Map Birch Hills" as a desirable residential part of Cutchogue, Town Southold, Suffolk County, New York, in consideration of our ~tual interest as owners of real property on said "Map of Birch ~{ills" hereby covenant and agree with one another that each of us, · heirs,-executors,' administrators or assl~ns will be bound by the following covenants and restrictions: 1. No lot shall be improved by or have placed or maintained thereon any structure other than a single family dwelling with a detached private garage or an accessory/storage building. A two story dwelling shall contain finished habitable living space of not less than 1600 square feet above grade, and a one story dwelling shall, contain finished habitable l~ving space of not less than 1300 square feet above grade.. No structure shall be erected on any lot until the building plans as to location on the lot, the outward appearance, elevations,.and design have been approved in writing by the'Birch Hills Property Owners Associa- tion, Inc. 2. NO asbestos sidinq shall be used in the construc- tion of any dwelling on any lot. 3. There shall not be placed or maintained on any lot, except with the approval of the Birch [{ills Pro- perty Owners Association, Inc., (a) any wall, (b) any fence other than a split-rail fence, (c) any sign other than an ornamental name and house number sign and one professional sign measuring not more than one square foot. 4. No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage and other waste shall be kept in sanitary containers. SCHEDULE 5. No noxious or offensive activity shall be carried on or upon any lot which may become an annoyance or nuisance to the neighborhood. 6. No well or other individual water supply system or any individual sewage disposal system shall be permitted on any lot unless approved as to design, location and construction by the Suffolk County Department of Health or such other State, County, Town or Village authority having jurisdiction over public health. 7. Ail owners~of lots, their guests and invitees, are hereby granted an easement for the purpose of ingress and egress, in common with others, at their own risk, over the roads Shgwn~on.said map. All owners of lots are hereby granted the ~ight to use (pursuant to reasonable regula- tions from time to time promulgated by the Birch ]}ills Property Owners Association), in common with others, at their own risk, the park and playground areas shown on said map. 8. The Birch }}ills Property Owners Association, Inc. owns a fee title to the bed of the streets and the park and playground all as shown on the "Map of Birch Hills" by virtue of a deed dated April 21, 1970 and recorded in the Suffolk County Clerk's Office on May 7, 1970, in Liber 6739, .page 405. The Birch Hills Property Owners Associa- tion, Inc., its successors and assigns, shall be responsible for the upkeep and maintenance of the park, playground area, and roads, including snowplowing. Each lot on the filed map shall be subject to an annual charge in an amount to be fixed by a majority of owners of the lots at an annual meeting of the Birch }{ills Property Owners Association, Inc., not exceeding in any one calendar year the sum of $100.00 per--lot~ ...... Special assessments may be levied on any improved lot by a two-thirds (2/3) vote of the lot owners in order to defer the cost of any extraordinary repairs for the up- keep or maintenance of the roads, park and playground. 9. An easement along the roads on said map and over any other area necessary is hereby expressly reserved for the erection and maintenance of poles and wires and conduits and of all proper and necessary attachments for electric power and telephone service and for the construction and maintenance of any utility easements; provided, however, that said easements shall be over areas designated by muni- cipal or public utility authorities. 10. Enforcement of these' covenants shall be by proceeding at law or in equity. ' Invalidation of any provision herein shall have no effect upon any other provision herein. 11. These covenants and restrictions shall run with the land hereby and shall bind and inure to the benefit of said parties hereto, their heirs, administrators, and assigns, to October 30, 2005, after which time they shall be auto- matically extended for successive periods of ten (10) years unless an instrument signed by the then owners of a majority of all of the lots agree to change such covenants and restric- tions in whole or in part shall have been recorded. 12. The Declaration of Covenants and Restrictions dated July 26, 1967 and recorded in the Suffolk County Clerk's office on. July 31, 1967 in Liber ~ page 197, the Amend- ment to Declaration of Covenants ~hd Restrictions dated --2~. September 7, 1967 and recorded in the Suffolk County Clerk's Office on December 20, 1967 in Liber 6276, page 56, and the Amendment to Declaration of Covenants and Restrictions dated January 13, 1969 and recorded in the Suffolk County Clerk's Office on January 21, 1969 in Liber 6493, page 27, are hereby amended and superseded. Any deed, lease, conveyance, or contract made in violation of. this agreement shall be void and may be set aside on petition of one or more of the parties hereto, and all successors in interest heirs, executors, administrators, or assigns, shall be deemed par- ties with the same effect as the original signers; and when such conveyance or other instrument is set aside by decree of a court of competent jurisdiction, all costs and all expenses of such pro- ceedings shall be taxed against the offending party or parties, anf shall be declared by the court to constitute a lien against the real estate so wrongfully deeded, sold, leased, or conveyed, until paid, and such lien may be enforced in such manner as the court may order. This agreement constitutes a mutual covenant running with the land and all successive future owners shall have the same right to invoke and enforce its provisions as the original signers hereof. This agreement shall take effect and be in full force when executed by twelve of the lot owners on the "Map of Birch Hills" and may be Placed on the record. Any other lots on the "~lap of Birch Hills" may be brought under this agreement subsequently by the execution of a suitable instrument by the owners of such lots which shall bring them under all obligations and entitle them to all the privileges of the original, signers hereof.// WITNESS WHEREOF, the parties have e~~hD~s agreement. Birch Hills ~roperty Owners Assoclation,Inc. Park, Playgrounds //// ~ .Cutchogue, NY 11935 dent Leonard Jensen Lot No. 12 S~ndre Haugsten 2 B ' '~/ Readings: Allowance for Unpaid Taxes, Etc.: Use O] Purchase Price to Pay Encumbrances: .4 ~idavit as to Judgments, Bankruptcies Deed Transfer and Recording Taxes ~ Lien: Seller's Inability to Convey Limitation o! Liability: Condition o/ Property: Entire Agreement: Must be in ~riting: Singular AIso Means Plural: 13. The following are to be~ortioned as of midnight bf the day before CLOSING: . , on the basis of the,~exl_~:ioR for which assessed. 1zen year, 0.2/1-11/30) . "xed the a ortionment of taxes sba I be u-on If CLOSING shall ~ccur vcrore a new tax rare is n , pp r the basis the old tax rate for the preceding period applied to the latest assessed valuation. 14. If there be a water meter on the PREMISES, SELLER shall furnish a reading to a dale not more than thirty (30) days before CLOSING date and the unfixed meter charge and sewer rent, if any, shall be apportioned on the basis of such last reading. 15. SELLER has the option to credit PURCHASER as an adjustment of the purchase price with the amount of any unpaid taxes, assessments, water charges and sewer rents, together with any interest and penalties thereon to a date not less than five(5) business days after CLOSING, provided that official bills therefor computed to said date are produced at CLOSING. 16. If there is anything else affecting the sale which SELLER is obligated to pay and discharge at CLOSING, SELLER may use any portion of the balance of the purchase price to discharge it. As an alternative SELLER may deposit money with the title insurance cmnpany employed by PURCHASER and required by it to assure its discharge; but only if the title insurance company will insure PURCHASER'S title clear of the _m.~t.e.r..o~ i.nsur~e,,~ag~a,i,n~st~ enforcement out of the PREMISES. Upon request, made within a reasonable time before CLO~ItNL;, the agrees to provide separate certified checks as requested to assist in clearing up these matters. 17. Ii a rifle examination discloses judgments, bankruptcies or other returns against persons having names the as or similar to that of SELLER, SELLER shall deliver a satisfactory detailed affidavit at CLOSING showing that they are not against SELLER. 18. At CLOSING, SELLER shall deliver a certified check payable to the order of the appropriate State, City or County officer in the amount of any applicable transfer and/or recording tax payable by reason of the delivery or recording of the deed, together with any required tax return. PURCHASER agrees to duly complete the tax return and to cause the check(s) and the tax return to be delivered to the appropriate officer promptly after CLOSING. 19. All money paid on account of this contract, and the reasonable expenses of examination of the title to the PREMISES and of any survey and survey inspection charges are hereby made liens on the PREMISES and collectable out of the PREMISES. Such liens shall not continue after default in performance of the contract by PURCHASER. :' 20. If SELLER is unable to transfer title to PURCItASER in accordance with this contract, SELLER's sole liability shall be to refund all money paid on account of this contract, plus all charges made for: (i) examining the title, (ii) any appropriate additional searches made in accordance with this contract, and (iii) survey and survey inspection charges. Upon such refund and payment this contract shall be considered cancelled, and neither SELLER nor PURCHASER shall have any further rights against the other. and is thoroughly acquainted with their con~ as is" and ~__t_h~_ir resent condition subiec~W~a3-kd~ CLOSING. (VACANT .LAND) 22. All prior ~nderstandings and agreements between SELLER and PURCHASER are merged in this contract. h completely expresses their full agreement, h has been entered into after full investigation, neither party relying upon any stat~ents made by anyone else that is not set forth in this contract, 23. This contract may not be changed or cancelled except in writing. The contract shall also apply to and bind the distributees, heirs, executors, administrators, successors and assigns of the respective parties. Each of the parties hereby authorize their attorneys to agree in writing to any changes in dates and time periods provided for in this contract. 24. Any singular word or term herein shall also be read as in th~ plural whenever the sense of t!ds.contrac~ may require it. 25. The parties shall comply with Section 1445 (b) of the Internal Revenue Code of 1954 (Foreign Investment in Real Property Tax Act of 1980 as amended by the Tax Reform Act of 1984), and the Real Estate Reporting Requirements of the 1986 Tax Reform Act. (See attached rider for additional clauses) In Presence Of: qq-.z q-qb q Eva Halla OVER STATE OF NEW YORK COUNTY OF On the day of personally came 19 , before me to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. STATE OF NEW YORK. COUNTY OF ss: On the day ot 19 , before me personally came to me knbwn, who, being by me duly sworn, did depose and say that he resides at No. ; that he is the of , 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 such corporate seal; that it was so affixed by order of the board of directors of said corporation, and that he signed h name thereto by like order. STATE OF NEW YORK, COUNTY OF On the day of personally came 19 Ss: before me to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. STATE OF NEW YORK, COUNTY OF ss: On the day of 19 , before me personally came , to me known and known to me to be a partner in a partnership, and known to me to be the person described iff and who executed the foregoing instrument in the partnership name, and said duly acknowledged that he executed the foregoing instrument for and on behalf of said partnership. Closing of title under the within contract is hereb) adjourned to 19 , at o'clock, at ; title to be closed and all adjustments to be made as of 19 Dated, 19 For value received, the within contract and all the right, title and interest of the purchaser thereunder are hereby assigned, transferred and set over unto and said assignee hereby assumes all obligations of the purchaser thereunder. Dated, 19 Purchaser Assignee o! Purchaser O outrart nf ale Tt~ No. TO TICOR TITLE GUARANTEE. SECTION BLOCK LOT COUNTY OR TOWN STREET ADDRESS PREMISES ,~xx:~" APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAH CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX No. (516) 765-1623 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the times allotted in the attached Legal Notice. Please feel free tQ call our office prior to the hearing date if you have questions or wish to update your file. Yours very truly, dff GERARD P. CHAIRMAN GOEHRINGER Proposed house to be built, lot 91, Glen Court, O~tcho~ue, New Yor% Birch Hi] Is. EXHIBIT I , iJ L F~O hr~ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of : EVA HALLA : to the Board of Appeals of the Town of Southold : TO: Marcus R. Bryan Birch Hills Property Owners Association, Stephen Abbott NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a ~ ~~a~q~a~a~) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adiacent to your property and is des- cribed as follows: 20,293 sq. ft. parcel of land on Glen Court, Cutchoque, New York. 3. That the property which is the subiect of such Petition is located in the following zoning district: R-40 Residential Low-Density District 4 That by such Petition, the undersigned will request the following relief: a front and rear yard variance to construct dwellinq on non--con~ormln, lot. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article IIIA Section 100-30A.3., Article XXIII Section100-239.4A. (!) and Ai~~ Section. 100~244 [ ] Section 280-A, New York Town Law for approval ot access over r~gn~:Ls;-o~-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: January 26, 1990 Petitioner Owners'Names: Eva Halle PostOfficeAddress 5 Randy Lane Plainviewt New York 11803 Tel. No. (516) 938-1988 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] _ _.11 irch cSeilIs '-Property Owners e. Association_o, Inc. '=' ~~'--. irchn t ,.,,..I, ~.-_~ ~ , ~ La e..,, Cu chogue, v, New ~,,.~. ~-~ CONSENT Zoning Board of Appeals Southold Town Hall 53095 Main Road Southold, New York 11971 Gentlemen: At a meeting of the Birch Hills Property Owners Association, Inc. on October 29, 1989, the members of the Association were made aware of the difficulties encountered by Eva Halla, the owner of Lot No. 1, in having her purchaser, John R. Dempsey, obtain a building permit to construct a house on this lot, due to the current require- ments of the Southold Town Zoning Code. After a full discussion of the matter the membership approved the plans and specifications for this house to be constructed on Lot No. 1 by Mr. Dempsey. In addition the membership approved of locating the house adjacent to Glen Court to allow the house to be built as far away from the top of the bank as possible on the westerly side of this property. The membership of the Association also decided to grant to Eva Halla a driveway and landscape easement for one-half of Glen Court adjacent to her property for the purpose of facilitating a safe entrance for vehicles to this property and to approve the appearance of the area. The owner of Lot No. 11 will also be granted an easement for the other half of Glen Court for purposes of landscaping and beautifying the area. BIRCH HILLS PROPERTY OWNERS ASSOCIATION, INC. a~-~ne M. Bryan, 'PreSident Sworn to before me this 25th day of January, 1990. Notary Public ~AR~ARA DIAI~HUIq ~IOTARY PUBLIC, Strafe of New YO~ No. 4635190, Suffolk County O~mmis=ion Expires October ~, 1~ EXR I? 3 NAM~ Marcus R. Bryan Birch Hills Property Owners Association, Inc. Stephen Abbott ~OOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS RR2 255 Glen Court, Cutchogue, c/o P. Finger, 405 Birch Lane, Cutchogue, NY 11935 3375 Deep Hole Drive, Mattituck, NY 11935 RR2, NY 11952 (SEE ATTACHED CERTIFIED MAIL RECEIPTS) STATE OF NEW YORK) COUNTY OF SUFFOLK) SS.; BARBARA DIACHUN , residing at 875 School House Road~ Cutchoque, New . York , being duly sworn, deposes and says that on the 26th day of January ,19 90 , 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- fice at Cutchoque, New York ; that said Notices were mailed to each of said persons by (certified) (~k;~ecl~ mail. Sworn to before me this 26th day of January .19 90 · " ~// ~' t~otary P~blic Barbara Diachun MARY LOLl OORO~KI ~ P~o~o, State el New Yolt No. 10~0~8.8~;~k Cowtty Comm~ F..xp~s Ibu'. 30,1661 (This side does not have to be completed on form transmitted to adjoining property owners.) P 861 030 226 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Marcus R. Bryan S~ree~ and NO RR2 255 Glen Court P 0, State and ZiP Code Cutchogue, NY 11935 Postage S ~/ CediDed Fee ~'F Return Re t 'n ,7o om ! TOTAL ~o[t agt and 1Fe~G' )'.' - Postmark 0¢~:~ g~' P 861 030 224 R£C~IPT FO~ C~RTIFN£D ~ANL NO INSURANCE COVERAGE PROVtDED NOT FOR INTERNA?IONAL MAIL (See Reverse) Sent ID Birch Hills Property Owners Association. Inc. Street and NO C/O P. Finger 405 Birch Lane, RR2 PO, Sta~e and ZIP Code Cutchoque, NY 11935 Postage S CerGDed Fee Speoal Dehvery Fee Restrlcte~ RetuI , R s ,ng t m : P 863~ 030 225 R£C~IPT FOR~C£~TIFP=D ~A~L NO INSURANC~E~C( OVERAGE PROVIDED NOT FOR {NrERNATIONAL MAIL (See Reverse) Sent lo Stephen Abbott Street and No 3375 Deep Hole Drive P O. State and ZIP Code Mattituck, NY 11952 Postage $ CediDed Fee Special Dehvery Fee