Loading...
HomeMy WebLinkAbout3953 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 ACTION OF THE BOARD OF APPEALS Appl. No. 3953 Matter of PETER & CHERYL INZERILLO. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, Bulk, Area and Parking Regulations, as disapproved, for permission to construct a deck addition to existing one family dwelling. Proposed construction will have insufficient side yard setbacks and excessive lot coverage. Property Location: 505 7th Street, Greenport, County Tax Map No. 1000, Section 48, Block 01, Lot 17. WHEREAS, a public hearing was held and concluded on June 27, 1990 in the matter of the Application of PETER & CHERYL INZERILLO under Appeal No. 3953; and WHEREAS, at said hearing all those who desired to be 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 west side of Seventh Street, Hamlet of Greenport, and is identified on the Suffolk County Tax Map No. as District 1000, Section 48, Block 01, Lot 17. 2. This is an application for Variances from the Zoning Code Article III A, Section 100-30 A.3, Bulk Area and Parking Regulations, for permission to construct a deck addition to existing one family dwelling. Proposed construction will have insufficient side yard setbacks and excessive lot coverage. Page 2 - Appl. No. 3953 Matter of PETER & CHERYL INZERILLO Decision rendered July 11, 1990 3. Article III A, Section 100-30 A.3, 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 in full. 4. The subject premises is improved with a two (2) story framed house with a one and a half (1 1/2) story garage located in the rear of the property (west of the existing dwelling) in this R-40 Zone District. 5. In considering this application, the Board finds and determines: (a) That the circumstances of this application are uniquely related to the premises and its established nonconformities; (b) that there is no other method for appellants to pursue; and placing the deck in any other location on the premises will require other variance relief; (c) that the area chosen for the deck is not unreasonably located; (d) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (e) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance, as applied conditionally noted below. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Grigonis, it was RESOLVED, to GRANT a Variance in the matter of the application of PETER & CHERYL INZERILLO as applied under Appeal No. 3953, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the construction of this 12 X 22 ft. deck not exceed 30.5+- percent of the total lot coverage (this includes dwelling, garage and deck on this lot). Paye 3 Appl. No. 3953 Matter of PETER & CHERYL INZERILLO ~.ccision rendered July 11, 1990 2. That the 4 X 10 ft. portion of the deck not encroach any closer than 3 ft. to the south property line. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Din]zio, and Doyen !Absent Joseph Sawicki due to illness). This resolution was duly adopted. df GERARD P. GOEHRINGER, CHAIRMAN RECEIVED AND FILED BY ~Fi:,, SOUTtIOLD TOWN CLERK DATE ~/¢o HOUR //."/4~,~.~_ Town_ Clerk,_Tpwn~?f S~outhold _ 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 GIVE, 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 Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY, 11971, on WEDNESDAY, June 27, 1990, at the following times: 7:30 p.m. Appl. No. 3949 - FRANCES FRISBIE. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.4 (100-33), as disapproved, for permission to construct an accessory building in the front yard area. Accessory buildings may only be located in the required rear yard. Property Location: 8050 Nassau Point Road, Cutchogue, County Tax Map No. 1000, Section 118, Block 5, Lot 2.1. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 27, 1990 7:35 p.m. Appl. No. 3948 - MGH ENTERPRISES, INC. - ORIENT BY THE SEA. Special Exception to the Zoning Ordinance, Article III, Section 100-31 C.'9 (e), as disapproved, for permission to construct an off-premises sign. Property Location: 66040 North Road, Greenport, County Tax Map No. 1000, Section 40, Block 04, Lot 01. 7:40 p.m. Appl. No. 3947 - JAMES MARK. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, Article XXIV, Section 100-244 B, as disapproved, for permission to construct an addition to a one family dwelling. Proposed construct will have insufficient front yard setback. Property Location: 450 Parsons Boulevard, East Marion, County Tax Map No. 1000, Section 37, Block 1, Lot 18. Variance to the 7:45 p.m. Appl. No. 3946 - MATTHEW KAR. Zoning Ordinance, Article III A, Section 100-30 A.3, Article XXIV, Section 100-244 B, as disapproved, for permission to construct an addition to a one family dwelling. Proposed construction will have insufficient rear yard setback. Property Location: 155 (Pvt. Road #6) Birch Drive S, Laurel, County Tax Map No. 1000, Section 128, Block 4, Lot 4. Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 27, 1990 7:50 p.m. Appl. No. 3944 - ANTHONY MERCORELLA. Variance to the Zoning Ordinance, Article III, Section 100-33, as disapproved, for permission to construct a two car accessory garage in the front yard area. Proposed construction only permitted in the required rear yard. Property Location: 2260 Peconic Bay Boulevard, Laurel, County Tax Map No. 1000, Section 145, Block 04, Lot 04. 7:55 p.m. Appl. No. 3951 - JAMES, PETER & CHRIS MESKOURIS. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, Article XXIII, Section 100-239d A.(2). Proposed construction will not meet side yard setbacks and will exceed the permitted lot coverage and will be within 100 ft. of the ordinary high water mark. Property Location: 1350 Sound Beach Drive, Mattituck, County Tax Map No. Lot 36. 8:00 p.m. Appl. No. 3952 1000, Section 106, Block 1, - BRUCE & TERESA BLASKO. Special Exception to the Zoning Ordinance, Article III, Section 100-31 B (14), for permission to have an accessory apartment. Proposed accessory apartment in an existing one family dwelling will contain less than 1600 sq. ft. of livable ~loor area. Property Location: 23 Middleton Road, Greenport, County Tax Map No. 1000, Section 40, Block 5, Lot 9. Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 27, 1990 8:05 p.m. Appl. No. 3950 - JACQUE KASABA. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.4 (100-33), Article III A, Section 100-30A.3, Article XXIV, Section 100-244, as disapproved, for permission to construct a deck addition to dwelling and accessory pool. Proposed accessory structure not permitted in the front yard area and proposed construction will exceed permitted lot coverage. Property Location: 80 Lakeside Drive & 675 Cedar Point Drive, Southold, County Tax Map No. 1000, Section 90, Block 3, Lot 14. I! 8:10 p.m. appl. No. 3953 - PETER & CHERYL INZERILLO. riance to the Zoning Ordinance, Article III A, Section 100-30 3, Bulk, Area and Parking Regulations, as disapproved, for / rmission to construct a deck addition to existing one family~ elling. Proposed construction will have insufficient, side rd setbacks and excessive lot coverage. Property Loc~tion: \ 5 7th Street, Greenport, County Tax Map No. 1000, Section 48, ock 01, Lot 17. 8:15 p.m. Appl. No. 3831 - RALPH & PATRICIA PUGLIESE. Special Exception to the Zoning Ordinance, Article III, Section 100-305 (14), for a Winery for the Production, Storage and the Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 27, 1990 Appl. No. 3953 - RALPH AND PATRICIA PUGLIESE, continued Retail Sale of Wine. Property Location: 34876 Main Road, Cutchogue, County Tax'Map No. 1000, Section 097, Block 01, Lot 12.1. 8:20 p.m. Appl. No. 3701 - CHARLES ZAHRA. Variance to the Zoning Ordinance, Article XXV, Section 100-243, Article XXV, Section 244, for permission to continue to use the second floor apartment as a non-conforming use. Property Location: 140 Pike Street, Mattituck, County Tax Map No. 1000, Section 141, Block 4, Lot 5. 8:25 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 ret'ail stores. Proposed construction is not a 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. Page 6 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 27, 1990 The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written coF~ents 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 June 19, 1990: BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda FORM NO. 3 TOWN OF SOUTIIOLD BUILDING DEPARTMENT TO~,~ CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL , /'2 ~- ~ ., /-~ Date .. ,o ~.~. :. ?._..~.. ~..~~,.:~": .................. '"~"' .~~~.~ .......... PLEASE TAKE NOTICE that your application dated · ~ . .... ~ ..... ~~.~.~~~ LzcationorProperty ~ ~ ~r~ -_ .. -~o.~;~: ....... Z~". ........ %:;;7( Lounty tax a~ap No 1000 Sect on '~a Bloc' .............. ~ ..... A ....... Lot .... ~.7 ....... S~Sdivision ................. Filed Map No ................. Lot No ........ ' .......... returned herewith and disapproved on the following grounds .... ~ ..... ~.~ ................ .__ · ~.~ ..... ~...~~ ............................. RV 1/80 J.l~18 1~ CJ'q'.J~J~ TOWN OF SOUTHOLD, NEW YORK APPEAL F~qO_,ty~ DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. J, (We).~....~...~.~....~....~k.~.t-.~.~...~.J~-4~.ikl..Q.....of ....~....~.......~.~g.~;~..~..~......~.3[..c~...~..~.. ............ Name of A'ppellont Street and Number ....._ ................................................................ .U....q.s .......... HEREBY APPEAL TO Municipality THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ....~../.~/~. ............................... WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicbnt for permit ....... ....... ......... ......... Street and Number Municipality / State ] () PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION / ~ ------ "" '-Street/Ham1 t / Use District on Zoning ~ap D~s~rict 1000 Section~J~'BlockOILotj'7 C rrent ............................................................................ · I.... u Owner '~+~r ~(*~ru I ~h"L~C,'llb Iv~ap No. Lot No. Prior Owner t' 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 ~/~ Section 3, ~xYPE OF APPEAL Appeal is mode herewith {or (please check appropriate box) (~) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lock of occess (State of New York Town Law Chap. 62 Cons, Laws Art. ]6 Sec, 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (has) ~..~_~_~t) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ),/A Variance to Section 280A Subsection 3 (~ A Variance to the Zoning Ordinance ( ) is requested for the reason that ~orm ~.B! (Continue on other side) REASON FOR APPEAL Continued · 1. STRICT APPLICATION OF THE ORDINANCE would produce practical dJffJc~lJJl~d~Z~e~-~ il~ sot H^RDSH,P ~ou. ~ ~~ ~ ~. ~~-~'~ 2. The hardship created is UNIQUE and is not shared by all properties alike i~n the immediate vicin!ty of this property and in this use district because c~ ~~ ~ 3. The Variance would observe the sp!rit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE D~STR~CT.~eca~. ~ ~ ~ ~ ~ ~.~_~) ss ............. COUNTY OF ) Sworn to this .............. /....~.~ ................. day of ........... ~ ............................ 19~ LiNDA J. CO~ Notm. y Publio, State of Now Ymtc/;... No. 4822563, Suffdk County ~/~ Tecta Ex,res 0,eeonJber 31, 19 TOWN OF SOUTHOLD P~OPERTY RECORD CARD ~ ~:/~ oWNER FORMER OWNER TREET VI LLAGE DISTRICT SUB. ACREAGE ~ TYPE~;).E-BU~ LDII~G LOT RES. / LAND ~oc~ . AGE~1 SEAS. IMP. ~c?oo - VL. TOTAL 000 FARM DATE COMM. J IND. CB. MISC. ~., L- ?~'?y ,..--, . BUILDING CONDITION NEW NORMAL BELOW ABOVE Farm Acre Value Per Acre Value Tillable 1 Tillable 2 Tillable 3 Wcodland Swampland Brushland~- ~'~ House Plot Zota I Extension G y / U' -' ~r ~ Basement ~ ~-'r'- Floors Extension ~ /-j. V' / ~ I W ~ '' ~t. Walls .~ Interior Finish Extension ~ ~-- ~ ~ ' ~ 0 Fire Place ~ He~ ~ [ ~e~ ~/P ~() ~-~ ~ Porch Rooms 1st Flor /~ ?~ZZ~~ ~ ~ ~e ~1 ~ ,Patio, Rooms 2nd Floor O.B. ~ z ' k /NZEtZlLLO 'iT~,TE OF NEW YORK COUNTY SUFFOLK C R 0 S S R E F E R E N C E L ! S T ! TOWN OF SOUTBOLD PARCEL SWIS - 473889 Y CK - - - 1988 - - PARCEL ID R DG N A M E LAND TOT~ - 47~;2';17 C RS WARD RICHARD J ~ ANO 400 47.-~-18 C SL RERTETTO FRANK & CAROL 400 2,8 "47~12-1g C TE ANESON MICHAEl.. J & '~ 400' 2,0 47.-2-20 C NH VAFAKOS NIKITAS & WF 400 2,9 47.-2-22 COT BASSOL[NO ROBERT ~ JOA 400 2,1 -" ~?~2'23 C PM PUPILLO LOREN~'O~-~O~E ~00 ~,1 47.-2-24 C QF SEPENOSKI MARGARET E 400 2,3 47.-2-26 C RR SAYEGH EDWARD & ANO 2~&O0 '- 47:=2=~? C SK SAY~ EDWA~D~--A-NO 1~8-00 1~8( 47.-~-28 C TD SAYEGH EDWARD & ANO 2,200 &7-~2~29 C T~R~N~-~ 2,200 47.-2-30 C NZ STEVENSON LAURA H 2,200 "-47'~2~31 C O'~%~[~M~-~OgAR~'~ 2,200 12,0' - 47~2~3~ C Q~F'~NK~LEO~A~L~--~-~S' ~00 1,2~ 48.-1-1 C MJ KOPP JOANN J ~00 4,5, -'~8:-1~2 C NC--MCC-AMY'--[~ITH ~-~ 2,&OO ~.~1-3 C NV omBR[EN WILLIAM J & AN 800 4,6' 48.-1-5 C PH RECHTER JOAN & ANO 500 48.-1-6 N QA SAVANA PHILIP A 500 2,7~ ' 4R~'1~7 C ~T~R-Y~TEPNEN-~D-&--HE[~N 5-00 48.-1-8 C RM ~ELANGER LINDA 400 "%~.-1'q'- C SF-~AG~-F~EDER['CK E 400 - 48.-1-10 C MI RAY WILBUR L & WF 400 48.-I-12 C NU RICHTER ERNEST F & WF 600 -4~;'1-;13 ~ON VANT~YL ~OD~R[C~ 1,2'00 48.-1-14 C PG CALABRESE DOMENICO & W 600 48.-1-16 ~ QS CAPON GEORGE F ~E & WF ~00 2,8[ 48.-1-18~ ~C SE KOSTAL JOHN J & ANO 300 4~.-1-~0 CNA GULSEN ALI 200 1,5[ 48.-1-22 C OM MCSHERRY PETER & ANO 500 48.-1-24 C PY BONURA JOHN P & ANO 500 48.-1-26 C RK STROKOFF ALEXANDER F & 200 2,0[ 48.-1-28 C SW FLATLEY GERALD & CECIL 400 4R.-I-30 C NS CROKE MORGAN P & WF 400 ~8-~1;31 C ~RO~MOR~AN-F ZOO 48.-1-52 C PE SMITH VIRGINIA 400 PAGE TOTALS 5 I--PA RC El. S--(~A~ T'IVE~ DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE 360-5206 ARTHUR H. KUNZ DIRECTOR OF PLANNING August 13, 1990 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) je~tet Enterprises Inc. - Orient the Sea by er and Cheryl Inzerillo Municipal File Number(s) 3948 3953 Very truly yours, Arthur H. Kurtz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner VETE:RANS MEMORIAl- HIGHWAY HAUPPAUG£, L.I., NEW YORK 1 1788 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairm~n Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ScoTr 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 t'o 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 III~ Section 100,30A.3 Variance from Determination Special Exception, Article Special Permit of Southold Town Building Inspector , Section Appeal No.: 3953 Applicant: Peter and Cheryl Inzerillo Location of Affected Land: 505 7th St., Greenport, NY County Tax Map Item No.: 1000- 48-1-17 Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) XX 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 Ow~ed State or Federal Park or Land Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to construct a deck addition to an existing one family dwelling which will have insufficient side yard setbacks and excessive lot coverage. Copies of Town file and related documents enclosed for your review. Dated: Aug. 9, 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 ScoTr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ~igust 9~. 199D Hr. & Mrs. Peter F. 505 7th Street Greenport, NY 11944 Inzerillo Re: Appl. No. 3953 - PETER & CHERYL INZERILLO (Variance) Dear Mr. & Mrs. Inzerillo, 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 to determine your next step with this project. If you require any further information please contact us at (516) 765-1809. Yours very truly GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda Enclosure copy of decision to: Building Department County Planning ZBA/df I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SOUTHOLD TOWN ZONING BOARD OF APPEALS 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 June 27, 1990 7:35 P.M. BEFORE: GERARD P. GOEHRINGER, Chairman BOARD MEMBERS: CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. ALSO PRESENT: DOREEN FERWERDA, 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 50 THE CHAIRMAN: We thank you very much for coming in. We hope to have a decision for you. 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? Any questions from Board members? Hearing no further questions, I make a motion closing the hearing and reserving decision until later. MR. GRIGONIS: THE CHAIRMAN: MR. GRIGONIS: Second. Ail in favor? Aye. MR. DOYEN: MR. SAWICKI: MR. DINIZIO: THE CHAIRMAN: Aye. Aye. Aye. The next appeal is Appeal Number 3953, in behalf of Peter and Cheryl Inzerillo. The legal notice reads as follows: "Upon Application No. 3953, in behalf of Peter & Cheryl Inzerillo. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, Bulk, Area and Parking Regulations, as 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 51 disapproved, for permission to construct a deck addition to existing one-family dwelling. Proposed construction will have insufficient side yard setbacks and excessive lot coverage. Property Location: 505 7th Street, Greenport, County Tax Map No. 1000, Section 48, Block 01, Lot 17." I have a copy of a survey produced by R. VanTuyl, dated June 27, 1975, indicating a two-story within four line frame house fairly close to or feet of the south front property on a lot of approximately 41 by 100.5. Mrs. Inzerillo, how are you tonight? MRS. INZERILLO: Fine, thank you. I am here to try to answer any questions you may have. I would like to explain that the fan-shape patio that exists on the survey in the back yard is no longer' in existence. It was brick laid~in dirt, and we had removed that a few years back. Also, as to the side line, coming up to the side line with the deck, we are not going out any further off the side of the house than the original back porch that was there. We are just going to continue 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 52 on to that original size and work backwards into the back yard going back 12 feet off the rear of the house. THE CHAIRMAN: Excuse me. What was the size of the back porch? MRS. INZERILLO: I believe it is four foot. THE CHAIRMAN: I believe it was less. MRS. INZERILLO: It was just enough tha~ it covered the entire swing of the back storm door. It was very small to begin with. THE CHAIRMAN: Did you measure from where you want to go to your property line? MRS. INZERILLO: Yes, we did. It is three feet. That is conservative estimate. THE CHAIRMAN: If the Board so grants your application, and we said that you could go as close to three feet, plus or minus, at its closest point, can you live with that? MRS. INZERILLO: Yes. THE CHAIR~N: approximate size? MRS. INZERILLO: deck here. The deck is Will you give me an I have a copy of the 12 by 22, plus the 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 53 piece going off which is 10 by whatever the difference is on that side. THE CHAIRMAN: The only thing I do have from you and the only thing that I did not ask you about, because I forgot last Friday evening when I was over to see you, was the actual lot coverage. The total lot coverage. The Building Inspector denied you for total lot coverage. You are allowed 20 percent of the total lot coverage of the lot. I don't know how much you are over. MRS. INZERILLO: I don't know either. THE CHAIP~N: I am going to ask you a favor. Could you call the Building Inspector Mr. Tom Fischer, and ask him what his calcu- lations are and just let us know. We hope to have a decision for you in two weeks. You can do it tomorrow. Can you do it Monday? It is nothing that has to be done within the next day or so. Just let us know what the percentag~ is. You heard the other hearing. gentleman said he was 27 he was This percent over, meaning seven percent over the 20 percent requir~ 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 coverage. Ail the lots excessive lot coverage. 54 in the area have Ail the lots in the area have excessive lot coverage. These houses were built around 1894 to 1906. They are all excess lot coverage, throughout the entire area. When you point out to the neighbor to your north, it appears that that person is about 90 percent which, I would say, is only about 10 percent of the lot that is covered and that is probably the driveway and portions between the pool and the house. We understand you have a hardship in the area. We just want to know the percentage. We just want to know the measurements. MRS. morning. you. INZERILLO: I will do that tomorrow THE CHAIRMAN: This will remain unmoved. MRS. INZERILLO: Yes, definitely. Thank THE CHAIRMAN: Is there anybody else that would like to speak in favor of the appli- cation? Is speak against the there anybody that Would like to application? 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 55 Seeing no hands I make a motion closing the hearing and reserving decision until later. MR. GRIGONIS: Second. THE CHAIp~V~AN: Ail in favor? MR. GRIGONIS: Aye. MR. DOYEN: Aye. MR. SAWICKI: Aye. MR. DINIZIO: Aye. THE CHAIrmAN: The next appeal is in behalf of Ralph and Patricia Pugliese. The legal notice reads as follows: "Upon Application No. 3831, Ralph & Patricia Pugliese. Special Exception to the Zoning Ordinance, Article III, Section 100-30B (14), for a Winery for the Production, Storage and the Retail Sale of Wine. Property Location: 34876 Main Road, Cutchogue, County Tax Map No. 1000, Section 097, Block 01, Lot 12.1." I have a copy of the survey, which was the original plan by R. VanTuyl, dated December 15, 1987, indicating a one-family dwelling and a rather large barn area on two acres, on Main Road in Cutchogue, which is basically the nature of this application and we continue with 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 128 I, Gail Roschen, an Official Court Reporter, do hereby certify that the foregoing is a true and accurate transcription of my stenographic notes taken on June 27, 1990. GAIL ROSCHEN JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 FAX (516) 765-1823 TELEPHONE (516) 765-1801 TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS FROM: JUDITH T. TERRY. SOUTHOLD TOWN CLERK RE: ZONING APPEAL NO. 3953. PETER & CHERYL INZERILLO DATE: JUNE 18. 1990 Transmitted is application for variance submitted by PETER g CHERYL INZERILLO together with notification to adjacent property owners; Notice of Disapproval from the Building Inspector; short environmental assessment form: plans; survey of property; Zoning Board of Appeals Questionnaire form: copy from Tax Map; and copy of Deed. Judith T. Terry Southold Town Clerk 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 TYPE II ACTION DECLARATION June SCOTT L. HARRIS Supervisor Town Hail, 53095 Main Road P.O. Box 1179 Smtthold, New York 11971 Fgx (516) 765-1823 Telephone (5 ! 6) 765-1800 27, 1990 Appeal No. 3953 Project/Applicants: County Tax Map No. Location of Project: CHERYL & PETER INZERILLO 1000-48-1-17 505 7th Street, Greenport, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct deck addition to one family dwelling with insufficient side yard setbacks and excessive lot coverage 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 Patricia Wood, bein§ dul~lvorn, says that she is the Editor, of THE LONG ISLAN~TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and thai lhe nolice of which Ihe annexed is a printed copy, has been .published in said Long Island Traveler-Walchman once each week for ...................... .,(' .... weeks successively, commencin§ on the ........... ~./. ~ ..... d, ' ...._~..""~. · ....... 19..~.~! . . Sworn tobefore melhis .......... .~.~../. ~-... clay of ' . .~..'~m.-.:~... ...... 19. ~...~' Notary Public NOTARY PUBLIC, ~tate ol N~ Y~ N0. 4~9~46 Qualified i~: 3ufl~;k ~fl~ -- NOTICE OF HEARING~- 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 Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on WEDNESDAY, June 27, 1990, at the following times: 7:30 p.m. Appl. No. 3949-- FRANCES FRISBIE. Variance to the Zoning Ordinance, Arti- cle I11 A, Section 100-30 A.4 (I00-33), as disapproved, for permission to construct an ac- cessory building in the front yard area. Accessory buildings may only be located in the re- quired rear yard. Property Loea. tion: 8050 Nassau Point Road,./. Cutchogue, County ;lhx Mal~' No. 1000, Section 118, Block 5, Lot 2.!. 7:35 p.m. Appl. No. 3948-- MGH ENTERPRISES, INC.- ORIENT BY THE SEA. Special Exception to the Zoning Or-' dinance, Article III, Section 100-31 C.9 (e), as disapproved, for permission to construct an off-premises sign. Property Location: 66040 North Road, Greenport, County Tax Map No. 1000, Section 40, Block 04, Lot 01. 7:40 p.m. Appl. No. 3947-- JAMES MARK. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, Article XXIV, Section 100-244 B, as dis- approved, for permission to construct an addition to a one family dwelling. Proposed con- struct will have insufficient front yard setback. Property Loca- tion: 450 Parsons Boulevard~° East Marion, County Tax Map No. 1000, Section 37, Block 1, Lot 18. · 7:45 p.m. Appl. No. 3946-- MATTHEW KAR. Variance to thc Zoning Ordinance, Article Ill A, Section 100-30 A.3, Arti- cle XXIV, Section 100-244 B, as disapproved, for permission to construc~ an addition to a one family dwelling. Proposed con- struction will have insufficient rear yard setback. Property Location: 155 (Pvt. Road #6) Birch Drive S, Laurel, County Tax Map No. 1000, Section 128, Block 4, Lot 4. 7:50 p.m. AppL No. 3944-- ANTHONY MERCORELLA. Variance to the Zoning Ordi- nance, Article III, Section 100-33, as disapproved, for per- mission to construct a two car accessory garage in the front yard area. Proposed construe-/ tion only permitted in the quimd mar yard. Property Loca- tion: 2260 Peconic Bay Boule- vard, Laurel, County Tax Map No. 1000, Section 145, Block 04, LOt 04. 7:55 p.m. Appl. No. 3951- JAMES, PETER & CHRIS MESKOURIS. Variance to the Zoning Ordinance, Article III A, Section 100~30 A.3, Article XXIII, Section 100-239d A.(2). Proposed construction will not meet side yard setbacks and will exceed the permitted lot cover- age and will be within 100 ft. of the ordinary high water mark. Property Location: 1350 Sound Beach Drive, Mattituck, Coun- ty Tax Map NO. 1000, Section 106, Block I, Lot 36. 8:00 p.m. Appl. No. 3952-~ BRUCE & TERESA BLASKO. Special Exceptiot~ to the Zoning Ordinance, Article III, Section · 100-31 B (14), for permission tc[°~ have an accessory apartment. Proposed accessory apartment in an existing one family dwell- ing will contain less than 1600 sq. ft. of livable floor area. Pro- perry Location: 23 Middleton Road, Grcenport, County Tax Map No. 1000, Section 40, Block 5, LOt 9. 8:05 p.m. Appl. No. 3950-- JACQUE KASABA. Variance to the Zoning Ordinance, Arti- cle III A, Section 100-30 A.4 (100-33), Article lIl A, Section 100-30A.3, Article XXIV, Sec- tion 100-244, as disapproved, for permission to construct a deck addition to dwelling and acces- sory pool. Proposed accessory structure not permitted in the front yard area and proposed construction will exceed permit- ted lot coverage. Property Loca- tion: 80 Lakeside Drive & 675~/ Cedar Point Drive, Southold[V County Tax Map No. 1000, Sec- tion 90, Block 3, Lot 14. ~.'10 p.m. Appl. No. 3953-- PETER & CHERYL [N- ZERILUO. ¥~lriance to the Zon- ing Ordinance, Article III A, Section 100-30.A.3, Bulk, Area and Parking Regulations, as dis- approved, for permission to construct a deck addition to existing one family dwelling. Proposed construction will have insufficient side yard setbacks and excessive lot coverage. Pro. petty Location: 505 7th Street, Greenport, County Tax Map No. 1000, Section 48, Block 0t,~ p.m. Appl. No. 3831~ RALPH & PATRICIA PUGLIESE. Special Exception to the Zoning Ordinance, Arti- cle II1, Section 100-30B (14), for a Winery for the Productions(~l Storage and the Retail Sale Wine. Property Location: 34876 Main Road, Cutchogue, Coun- ty Tax Map No. 1000, Section 097, Block 01, Lot 12.1. 8:20 p.m. Appl. No. 3701- CHARLES ZAHRA. Variance to the Zoning Ordinance, Arti- cle XXV, Section 100-243, Ar- ticle XXV, Section 244, for per- mission to continue to use the second floor apartment as a non-conforming use. Property Location: 140 Pike Street, Mat- tituck, County Tax Map No. 1000, Section 141, Block 4, Lot 5. 8:25 p.m. AppL No. 3915- JORDAN'S PARTNERS. Variance to' the Zoning Ordi- nance, Article VII, Section 100-71, as disapproved, for per- mission to construct office and retail stores. Proposed construe- tion is not a permitted use in this District. Property Locatio~ 1000 Main Street and 160 Maifl Road, Greenport, County Tax Map No. 1000, Section 34, Block 2, Lot I. The Board of Appeals will at said time and place 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 )riot to the conclusion of the subject hearing. Each hearing will not start before time allot- ted. Additional time for your ~resentation will be available, it ngeded. For more information, please call 765-1809. Dated: June 19, 1990 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerd-a q,,~0 IX, 6/21/90 (18) NOTICE IS HEREBY GIVEN, No. 3949 -- front yard ~t~. Ac~essmy buildings ORIENT BY THE SEA. Special Exc~Xi~ to ~e Zonin~ Ordinance, Article ~I, Section 100-31 C,9 (e), eny Location: 66040 North Road, Seotlcn 100-244 B. as disappmve~l~ ficient from yard setback. Property Location: 450 Parsons Boulevard. Lecation: 155 (Pvt. Road ~6) Birch 7:50 ~ Appl. No. 3944 -- Peconic Bay Boulevard. Laurel, County Tax Map No. 1000, Section 7:55 p.m. AppL No. 3951'q~ JAMES, PETER & CHRIS MESK- OURIS. Variance to the Zoning Ch- 30 A.3, Article XXIIL Section 1.00- · 239d A.(2). ~onstruct,on will not meet side yard setbacks and will exceed the pen~hted lot cover- age and will be within 100 fl. o~ the ordinary high water m~k, property Lo.tine: 1350 Sound BeaEa D~ive, BRUCE & TERESA BLASKO. Special Exc.~.lo the Zoning 31 B (14), fole[l[Sfmission to have an accessory ap~rtmcnt. Proposed ton Road, Gr~n~n, County Tax 8:05 p.m. AppL N0, 3950 ~ ' JA~UE ~SABA. Va~ m &e Zoning Ordinance. Article IH A, XXIV. Section 100-244. as dis- app~ved, for pe~ission to con- stmct a d~k a~d t on to dweUit ~, and accesso~ ~[~1. Proposed ~n~nu~ I~ pm~us pa~ the front yard a~a and p~posed ~es~ ~ve & 675 ~r po~t D~ve, S~old, Cowry T~ Map PETER & CHERYL I]qZERILLO. Variance to the Zoning Ordinance, as dlsa~ed, for pe~ission to ~;15 p.m. Appl. No. 3831 ~ ~H & PA~ PUG~E. S~cid Exce~ion to the ~n~g 30B (14), f~ · W~ f~ ~e ~ ~ No. 1~, ~ ~, BI~ 8:20 p.m. AppL No, 3701 ~n~g Ordnance, Affi~le XXV. a n~-confo~g Rse, Property ~sti~: I~tteet, Mntfi- tuck, County T~ Map No. 1~. STATE OF NEW YORK) }SS: COUNTY OF SUFFOLK} Yvonne Lieblein of Mattituck, in said County, being duly sworn, says that he/she is Principal Clerk of TIlE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks successively, commencing on the 21 day of June 19 90 Principal Clerk - '~:25 plin. Appl. No. 3915 -- to the Zoning Ordinai~ce, Article Distd~. ~o~ny ~ation: 1~ Main Street and I~ Main Road, Greenpon, County Tax Map No. ~ ~ ~ ~b w~ at sind ~e ~ p~ hm ~y ~d ~ ~r- subj~t h~g. E~h ~g ~U ~ avai~ble, ~ ne~. For mom BY O~ OF ~E SO~OLD ~ BO~ OF APPEA~ ~. ~E~GER CH~ By ~ APPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 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. CHAIRMAN GOEHRINGER FORM TO~.W OF SOUTIIOLD BUILDING DEPARTMENT TO;CN CLERK'S OFFICE SOUTHOLD. N.Y. NOTICE OF DISAPPROVAL ~o ~.~..~ .~. ~ ~~~/~~"~ ................... ,'~ ~.. ..~~.~,~. .......... ~ccadon of Property ~.~ ~-~ // ~ ' ho,s~o ....................... z. ~..~.. "m . , · Ho~et ' c~, ,t, Tax Map No. 1000 Section ... ~.~.. Block ~ Lot Z 7 Sabdi~ision ................ Filed Map No. ' · ............... Lot No ........ ' .......... i$ r~'tur,~ed herewith and disapproved on the foilmving grounds~~ ff-~' ,-- - -- ,2 ~ / ~ ..- ~ ....... ,., ~.~... :v~...~4.~ ..... ?.7---~/~ .... ~~..~ · ~.~~ .... ~...~~ ............. ... .... ....... ...... ...... RV 1/80 /1~..~O~BE~ ' Ci 617.~ ~ ~ ~ ~ Appendix C / $1ale Environmental QuaHly Review / SHORT ENVIRONMENTAL ASSESSMENT FORM PARTI--pR ' For UNLISTED ACTIONs Only -- REJECT INFORMATION (To be completed by Applicant or Project sponsor) SEQR S. IS PRopOSED ACT ON: 7. AMOUNT OF LAND AFFECTED: 9. ',','NAT tS PRESE~'dT LAND USE IN VICINITY OF PROJECT? 10. DOES ACTION INVOLVE A PERMIT APPROVAL OR STATE OR LOOALJ,7._~/ FUNDING, NOW OR ULTIMATELy FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, ANY ASP T OF THE ACTION HAVE A CURRENTLY VALID PERM T OR APPROVAL7 i 12'---. AS A RESULT CF REPOSED ) E] Yes ~No ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE ~-'--~H lhe a~:tion is in Ih"" ........ ~ ,: ,.-~,u~.ud Area. ancl you are a stale agency cn ~ Cooslol Assessment Form before-rocca~' . _ . ,. .mplele Ihe F alng WlJ~ Jhls assessment OVER ~ 1 (ContinUed on =eye,se SLEe) of this form, and an envi-onmental review w~ll bu The N.¥.S. £nvirp~me~tal Quality Review Act re~ul-~s (a; In order to answer the questions in this short £iF it is ass=med that the preparer will Use currently available information Concerning the pro)eot and the likely impacts of the action. It is not expected that additional studies, research or other investigations will bt undertaken. (b) If any question has Been answered Yes the prp]ect may be Sig- (c) If all questions have been answered No it is likely that the project is not significant. (d) E~nvironmental Assessmen~ 1. Will project result in a larce ohysical chan=e to the project site or physicaliy alter more than 10 acres of land? 2. Will there be a major change to any unique or Unusual land form on the site? ~Yes 3. Will project alter or have a large effect on an existing body of water? 4. Will project have a potentially large impact on groundwater quality? - will project significantly effect drainage flow on adjacent sites? .~_.Yes &- Will project affect any threatened or endancered plant or animal species? 7. Will project result in a major adverse effect on air quality? 8. Will project have a major effect on Visual char- acter of the community or scenic views or vistas known to be important to the CO~unity?~Yes 9. Will project adversely impact any site or Struct- importance or any site designated as a critical environmental area by a 2oca~ agency? 10. will project have a m~jor effect on existing or future recreational opportunities? 11. Will project result in major traffic problems or ca,se a ma]or effect to existing traosportation 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the projeot's operation? 13. Will project have any impact on public health 14. ~{lll project affect the existing community by directly causing a growth in permanent popula- pro~ect? _ Date: Yes Yes - Yes =, _Yes Please complete, s~gn and return to the Office of the Beard of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict, these areas on your survey (or certified sketch), to scale, and sub, it other supporting documenta- tion. l. Are there any proposals to chang~ oF alter land contours? 2.a)Are there any areas which Contain wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference.) b)Are there any areas open to a waterway without bulkhead? 3. Are there existing structures at or below ground level, such as patios, foundations, etc? 4. Are there any existing or proposed fences, concrete barriers, decks, etc? If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground level? State total: · ' ft. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground 1-~l? State total: .... ft. Are there other premises under your ownership abutting this parcel? If yes, please submit.copy of deed. Are there any building permits Pending on this parcel (or abutting land under your ownership, if any)? State Permit # and Nature: Yes Yes ~ Yes Ye~ ~ Yes ~ Yes ~ Yes ~ Yes ~ Yes ~ 10. Do state whether or not applications are. pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning Board Town Board Town Trustees County Health Department Village of Greenport N.Y.S.D.E.C. " Other "' Yes Yes Yes Yes Yes Yes Is premises, pending a sale or conveyance? .If yes, please submit copy of names or PurChasers and conditions of sale. (from cQnt~act) 11. Is new construction proposed in the area of contours at 5 feet or less as exists? Yes ~ 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 Yes requirements of Ch. 97 of the Town. COde? ' i.~ Yes ' Please l~st present use or operations conducted upon the subject property at this time ~'~q~0~'~ ~n~0~ and proposed C~h~l~j ~A.O~a~.~- ~ . % ...... ~ .... Please submit photographs nor tn~ recOr~o 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; 1/88 WETLANDS [/kmended N-~i2-T{; by L.I.. No. 2-If}TI]: 3.'.'{2- 85 by LL. No. A. TIDAL WJ~.TLANDS: (1) All lands generally cnver.d or intcrnfittcntly ercd w/th. or which bord,.r on. tidal water~, or lan,h; lying benca{h tidal waters, which at me:m Iow tide are covered hy tidal waters to 'five (5) feet, includin~ hut not limited to bankn. bo~s. salt marsh, swamps, meadows, flat:t or other low lying lan(la subject to tidal actiun: (2) All banks, bogs. mneadowa, flats and tidM marsh subject ~ such tides and upon which grows or may grew some or any of the f, dlowinm salt hay. black grass, saltwort, sea lavender, tall eord~rass, high bush. cattails, groundsel, marshmallow and I.w march eordgrass: and/ar Bo (3) Ail land immediately adjacent to a tidal wetland as defined in Subsection At2} and lying, w/thin seven- ty-five (75) feet lamhvard of the mast landward edge of such a tidal wetland. FRESIIWATER WETLANDS: (I) ~Freshwater wetlands" as defined m Article ~4. Ti- tie 1, § 24-0107. Subdivisions l(n) to l(d) inclusive. of the Environmental Conservation [~w of the S~ate of New York: and (2) All land immediately adjacent to a "freshwater wet- land." us defined in Subsection B(I) and lying' with- in sevefity-f~ve (75) feet landward of the most land. ward edge nfa "freshwuter wetland." 9705 z-:n..m " GONSULT YOUR ~WYIR ll~ll SIGNING THIS INS~UM! NT -THIS INSTRUMENT SHOULD l[ USED BY ~llS ONLY THIS INDENTURE, made the 1 lth day of August , nineteen hundred and seventy-five, BETWEEN EDITH~;STANILAUS, surviving tenant by the entirety, Alexander Stanilaus, her husband being deceased, residing at 505 Seventh Street, Village of Greenport, Town of Southold, County of Suffolk and State of New York, party of the first part, and PETER F. INZERILLO and CHERYL R. INZERILLO, his wife, both residing at '3~ Front Street, Village of Greenport, Town of Southold, County of Suffolk and State of New York, party of the second part, wI'rNF.~SETH, that the party of the first part, in consideration of ten dollars and other valuable consideration paid by the party of the second part, does hereby grant and release ,unto the party of tfe second part, ~ih~eirs or successors and assigns of the party of the second part forever,~ .... ' ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Village of Greenport, Town ofS0uth6Id., .'Coun~ty of Suffolk and State of New York, bounded and described as follows: ' " ~' BEGINNING at a point on the westerly side of Seventh Street distant 41.34 feet North of the corner formed by the intersection of the northerly side of Wiggins Street with the westerly side of Seventh Street; RUNNING THENCE North 89° 45' West, 100.50 feet; THENCE North 7° 06' 20" East, 40.95 feet; THENCE South 89© 59' East, 100.57 feet to the westerly side of Seventh Street; THENCE along the westerly side of Seventh Street South 7° 09' West, 41.33 feet to the point or place of BEGINNING. co REAL [SLAT[ ~'4~> STATE OF ~r TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of thc party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indentpre so requires. IN WITNESS WI'IleREOF, the party of the first part has duly executed this deed the day and year first above written. 7894 STATE OF NEW YOR~ COUNTY OF SUFFOLK ss: On the llth day of August, 19 75 , before me personally came EDITH STANILAUS, to me known to be the individual described in and '/,'ho executed the foregoing instrument, and acknowledged that Notary Public LEFFERTS PAINE EDSON NOTARY PUBLIC, State of New Yorl/ No. 52-1077685 - Suffolk County Cor~missJon Expires March 30, STATE OF NEW YORK, COUNTY OF SS: On the day of 19 , before me personally came to me known, 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 corpora- tion, and that he signed h name thereto by like order. STATE OF NIW YOLK, 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 of 19 , before me personally came the subscribing witness to the foregoing instrument, with whom I am personally acquainted who, being by me duly sworn, d d depose and say that he resides at that he knows ' to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. · argain ale WITH COVENANT AGAINST GRANTOR'S ACTS EDITH STANILAUS F.TO PETER/INZERILLO and C HERYLRINzERILLO FIlM If NLrW ~ J ff Tl~.[ IJ~III~II/BG Distributed by IN~Ui~NCB C O~f PA~¥ 0 SECTION BLOCK LOT ISt'l. IFJ TITLE INSURANCE 127 W Main Street Riverheed NY 11905 Samuel J. Glickman, Esq. Corwin and Glickman 114 Main Street Greenport, New York 11944 P~R'T HD HD ' R-80 SHELTER ISLAND ~OE APPEALS, TOWN OF SOUTHOLD In Ihe Mailer or Ihe Pelilion of : In the Board of ~A/Lpeals of the Town of Soulhold : lO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: !. Thai il is lhe inlenlion nj' Ihe undersigned to petition Ihe Board of Appeals of Ihe Town o! Soulhnld In requesl a ~ (Special Exception] (Special Permll) lot:her) {circle choice] 2. llul Ihe property which is Ihe subject of the Petilion is located adjacent lo your property and is des- crihed as follows: '--~".o..~. N~_c~ ~ I~,O~-- ~.~- I- IR 3. lhal Ihe properly which is the subjecl of such PelJllon is located in lhe following zoning dislricl: 4 ll,a, h, such Pelilh,,,, Ihe undersigned will reuuesl ,be following relief: ~_,~v~Fue~JC- cL. J~.c. ~. lhal Ihe p~ovisio~f lhe Southeld To*n Z~nln~ C~de applicabme Io the ~elief souNhl by Ihe under- signed are ~ticle ~ ~ /00 - .~ A ~ [ ] SectJon 280-A, New York Town Law for approval of access over rlght(s)-of-~a~. 6. 1 hat within five days from the dale hereof, a written Pelltlon requesting the relief s~cified above will be filed in the Southold Town Clerk% Office at Main Road. ~uthold, New York and you may then and there examine the same during regular office hour~. (516) 765 1809. ' ~, Dated: .'~L~n~; "I.~. 'lqq~ 7. That before the relief sought may be Ilrant,e,d,,a public hearing must be held on the matter by the Board of Appeals; that a nodce of such hearlnl ~!t 81~ I~hbllshed lit least five days prior to the dale of such hearing In the SUffolk TIIrles lhd I~ tHt~ LOhll IsUIhi~ ?MVl:ler. ,M. altltuck Watchman, newspapers published In the Town of S0uthold and deslgi~&ted roy tl~t pubiicgli6h'af ld~fl hotlces; that'you or your representative have the right to appe,it t~d ~e h~ttd at tuch hc~Itlht. ' '. ~ ........... Petitioner ...... Owners' Names: ~e'~eK Posl Office Address . ) ~, -- [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NAME PROOF OF MAILING OF NOTICE_ ATTACH CER?IF.~ED lqAII~ ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK) ~r~) ~orl JK /. ,[kl ~ ,, II~' ~ ~,~ . belnl duly sworn, deposes and says that on the I,~ day of ~ ' I ,19 ~,0,~ , ~ deponent mailed.a true copy of the Notice ~t forth on the re- verse sid~ereof, di' 're'ted to each Of the'above*named pe~ons at the addres~s ~t opp?ite, lheir res~ctive name; that the addres~s set opposite Ihe name~ of uld ~rsons are the addres~s of sa~d persons as shown on the current ass~ss~eqt ~oll~f. the Town of Sou~ld; that uld Noli~es were mailed at the United States Post Of- ficeat ~~ ~~ ~,~ . ; thal said Nol~ces wete maded lo each of said persons by (certified) (registered) mail. ' ~ - ,. ,i,,~'l ~ ~ Sworn th before me this day of ~Lc~ ~ y N/otar¥ Public LINDA J, COOPER Notary Public, State df N~ Yo~E No. 4822563, Suffolk County ~_~ Term Expires December 31, 19 (This side does not have property owners.) to be completed on form transmitted to ad,Joining