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HomeMy WebLinkAbout3905APPEALS 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 '~5 S[3UTHI3L. D, L.I., N.Y, '~'lC:J'7'l TELEPHONE (516) 765-1809 ACTION OF THE BOARD OF APPEALS Appl. No. 3905 Matter of ANTHONY J. MERCORELLA. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 B, as disapproved, for permission to construct deck addition to dwelling, proposed construction will be less than 75 ft. from the bulkhead. Property Location: 2260 Great Peconic Bay Boulevard, Laurel, County Tax Map No. 1000, Section 145, Block 4, lot 4. WHEREAS, a public hearing was held and concluded on February 1, 1990 in the matter of the Application of ANTHONY J. MERCORELLA under appeal 3905; and WHEREAS, at said hearing all those who desired to be herd 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 south side of Great Peconic Bay Bouelvard, Town of Laurel, and is identified on the Suffolk County Tax Maps as District 1000, Section 145, Block 4, Lot 4. 2. This is an application for Variances from the Zoning code Article XXIII, Section 100-239.4 B, for permission to construct deck addition to dwelling, proposed construction will be less than 75 ft. from the bulkhead. Page 2 - Appl. No. 3905 Matter of ANTHONY J. MERCORELLA Decision rendered February 15, 1990 3. Article XXIII, Section 100-239.4 B, Ail building located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which are adjacent to tidal water bodies other than sounds shall be set back not less than seventy-five (75) feet from the bulkhead. 4. In considering this application, the board finds and determines: (a) that the circumstances of this application are uniquely related to the premises and its established nonconformities; (b) that there is no other method for appellants to pursue; and placing the proposed 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. Grigonis, Seconded by Mr. Dinizio, it was RESOLVED, to GRANT a Variance in the matter of the application of ANTHONY J. MERCORELLA under Appeal No. 3905, SUBJECT TO THE FOLLOWING CONDITIONS: That the 12 by 44 ft. deck be built on the west side of house irregularly shaped and be approximately 25 ft from existing bulkhead. 2. That the deck remain open and unroofed Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, And Dinizio, (Absent Joseph Sawicki and Serge Doyen). This resolution was duly adopted. df GERARD P. GOEHRINGER, CHAIRMAN RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK Town Clerk, Town of Southold APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINtZIO, 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 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, FEBRUARY 1, 1990, at the following times: 7:30 p.m. Appl. No. 3902 - HENRY HUNSTEIN. Variance to the Zoning Ordinance, Article III A, Section 100-30.3, (100-33)~, as disapproved, for permission to construct accessory building in frontyard area. Property Location: 90 Kimberly Lane and 135 North Bayview Road, Southold, County Tax Map No. 1000, Section 70, Block 13, Lot 20.20. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of February 1, 1990 7:35 p.m. Appl. No. 3901 - THOMAS ESCH~L~NN. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.4, (100-33), as disapproved for permission to construct accessory building in the frontyard area and accessory shower in sideyard area. Property Location: 495 Mesrobian Drive, Laurel, County Tax Map No. 1000, Section 145, Block 4, Lot 10. to t 7:40 p.m. Appl. No. 3905 - ANTHONY J. MERCORELLA. he Zoning Ordinance, Article XXIII, Section 100-239.4 B, as disapproved, for permission to construct deck addition to dwelling, proposed construction will be less than 75 ft. from the bulkhead. Property Location: 2260 Great Peconic Bay Boulevard, Laurel, County Tax Map No. 1000, Section 145, Block 4, Lot 4. 7:45 p.m. Appl. No. 3904 - HARRIET SPILMAN. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 B, for permission to construct addition to existing dwelling, proposed construction will be less than 75 ft. from the bulkhead. Property Location: 1730 West Creek Avenue, Cutchogue, County Tax Map No. 1000, Section 110, Block 1 Lot 7.3. Variance Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of February 1, 1990 7:50 p.m. Appl. No. 3900 - GERHARD SCHREMMER. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 B, for permission to construct a one family dwelling, proposed construction will have insufficient front and side yard setbacks, lot has insufficient width. Property Location 1380 Oak Drive, Southold, County Tax Map No. 1000, Section 080, Block 02, Lot 001. 7:55 p.m. Appl. No. 3897 - PARKER J. WICK~AM. Variance to the Zoning Ordinance, Article XIII, Section 100-132, for permission to construct a building for antique vehicles, proposed construction will have bulk, area and parking regulations and insufficient side yard setback. Property Location: 410 Airway Drive, Mattituck, County Tax Map No. 1000, Section, 123, Block 01, lot 02. 8:00 p.m. Appl. No. 3899 - AGNES AND CHERYL PAGNOZZI. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 B, for permission to construct an addition to existing dwelling, proposed construction will have insufficient side yard. Property Location: 1450 Jockey Creek Drive, Southold, County Tax Map No. 1000, Section 70, Block 5, Lot 17. Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of February 1, 1990 8:05 p.m. Appl. No. 3898 - PECONIC BAY VINEYARDS. Special Exception to the Zoning Ordinance, Article VII, Section 100-71 B [6), for permission to use existing barn for winery production and storage. Property Location: 32180 Main Road, Cutchogue, County Tax Map No. 1000, Section 103, Block 01, Lot 19.2. 8:10 p.m. Appl. No. 3882 - BIDWELL WINERIES. Special Exception to the Zoning Ordinance, Article III, Section 100-30, for approval of consumer tasting and retail sales from the winery. Property Location: Route 48, Cutchogue, County Tax Map No. 1000, Section 96, Block 4, Lot 4.3. 8:15 p.m. Appl. No. 3908 ~ ROBERT OCHSENREITER AND EDWARD LENCESKI. Variance for reversal of building permit to construct a one family dwelling. Property Location: 565 Bayer Road, Mattituck, County Tax Map No. 1000, Section 139, Block 3, Lot 14. Page 5 - Notice of Hearings Southold Board of Appeals Regular Meeting of February 1, 1990 8:20 p.m. Appl. No. - ROBERT AND ETHELLE SCHROEDER. Variance for reversal of building inspector for change of use of land and existing building without obtaining a Certificate of Occupancy. Property Location: 4380 Main Road, East Marion, County Tax Map No. 1000, Section 35, Block 5, Lot 4. 8:25 p.m. Appl. No. 3770 - PORT OF EGYPT. Variance to the Zoning Ordinance, Article XII, Section 100-121C - 122, Section 100-239d, as disapproved for permission to construct Boat Storage Building with insufficient setbacks and excessive lot coverage in this Marine II (M-II) Zoning District. Property Location: Main Road, Southold, County Tax Map No. 1000, Section 056, Block 04, 06, Lot 10.1, 11, 12.2, 3.2, 3.3, 4, 6.1. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before time allotted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated January 22, 1990 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRF~AN By Doreen Ferwerda FORM NO, 3 TOWN OF SOUTttOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICI~ SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL ,,/ , Date .Z .,~.,~..~. ................ , 190~...~.... ~o ~'~. ~,~. ~.. ~~ ~s~ ~ ~o~c~ t~.t yo~.~.~on ~.t~. /~Z ~.. ~ ........... ~8~.. ,o.~_,,,o ~~ ~.~~. ~~. ........ ~.t,on o, ~'~---~ '*~--. '~~ ~~ ............... 4~ Co~ty ~ ~a~ ~o. ~o00 s~tio~ .... ~... ~o~ ...... ~. .... ~t .... ~ ....... Subdivision ................. Filed Map No ................. Lot No .................. ~ . ,,/,,,~,~,,~ . _ returned herewith and d~sapproved on the following grounds .... · ~.-~'/~-../.'~- ~-. ~ -~.~,.~,. ~....~,~~..~r,V'~ .-~..~. '.. ~.,~ ...,......~.~.x. ~..~.. ~..~..~.~..~....~ .~...~.. ................. :-. ....................... ......... . .~'...~...~.. ~~_...~i ~..~. ~Z.' .b: ..y..z~~..~~...f ..................... ~,~. d. 7,5'1 B-u '~' n~ec {or ' RV 1180 TOWN OF SOUTHOLD, NLJ~V YORK APPEAL FRQM_DECISION OF BUILDING INSPECTOR ,,' ~ IR !1 V E O /; ,~ ~.,,~'r~ BOARD OF APPEALS, TOWN OF SOUTHO,D, N. Y. APPEAl I D^TE .............................. ....... /~lame of Appellor~t Street and Number .................................. .L..'.a..u.~.~.,], .................................................. .N..,....Y.., ............ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) MARIA MERCORELLA Nome of Applicant for permit of 2260 Great Peconic ..B~.3. ~.U]~.~ ~ .N.....Y.... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY P~qMIT TO OONSTRUCT A DECK -- ADDITION TO DW.:~ .LING LOCATION OF THE PROPERTY "2...2..6.~""G..r..e..a"t....P....e~".~.c..."B9"z...B..1..v..d..:/.....L9....=...e.A/...~:L. 1194.8../ Street /Ham]et / Use District on ~ni~"~ District 1000 Secti0n/~/5'B10ck ¥ L0t~ C'rrent ANTHONY J. and .................................................................................. u Owner MARIA MERCORELLA Mop No. Lot No. Pri0r Owner. EDWARD & JOANNE CUMMINGS 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 XXIII Section 100-239.4B 3, TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( ) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lock of access (State of New York Town Law Chap. 62 Cons. Laws Art. ]6 Sec. 280A Subsection 3 (X) A VARIANCE since proposed construction will be less tb~un 75 ft. from the bulkheads. 4, PREVIOUS APPEAL ^ previous oppe~ol (3i~9 (has not) been mode with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for o special permit ( ) request for o variance and was mode in Appeal No ................................. Doted ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance (X) A Variance to requirement of 75 foot setback from bulkhead. is requested for the reason that Form ZBI (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because it would prevent petitioner from full enjoyment of the pr~nises inasmuch as there is no outside seating area. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because 3, The Variance would observe the spirit of the Ordinance end WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because o~her prope~'c±es have decks and STATE OF NEW YORK ) ss COUNTY OF ) I~'~°-/¢S'-¢-Y..TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST SUB. LOT / '- FORMER (~V~Nrr~ '~-~/~,~'J-oFE Zj.--Ar~.£,~' S W WPE OF BUILDING '~: 'Z~O S~. Vb FA~ COMM. CB. MISC. Mkt. Value ~ND IMP. TOTAL DATE R~RKS I I I j t~o/~-~P~lg~/- ~n~. ~L~er:~ px;~o, b~,~//,'~c ~/~; ~-,~ ~ / t i AGE BUILDING CONDITION N~ NOeL BELOW ABOVE FARM Acr~ Value P~r Value Acr~ Tilla~l~ Tilla~l~ 2 Tillable ~.¢~.d FRO~A~ ON ~ /~ Brushla~ FRONTAGE ON ROAD H~se Plot DE~ - BUSHED Total ~K Extension Extension Extension : rch T?tcl ~ ~ '1w~) 15o 1,00 IIIIII COLOR I IIIII illltl .J_l. ! /,.~-,.~, l llllllfiJII IIIIIIII!111. TRIM I II III1 I :111' IIIIIII1~.1 t I I I I I I I1"'1 Il i Jllll ' IJ ".l".ll IIIli~l IllJllllll, Foundation Basement Ext. Walls Fire Place Type Roof Recreation Room )ormer Driveway L/ b,lillLllll//J I I I I1~t~1 I I I / II ' I--I Itl It~ I / I'-"1""1 11,1,,4~ 1.1,. I I I I I t J I I I I zj/Iqi 1~'4 t Bath Floors Interior Finish, Heat Rooms Ist Floor Rooms 2nd Floor · :.:?..!... Charles Gngoms Jr. , t -'q,~ 4'- Serge Doyen, Jr. James Dinizio, Jr. BOARD OF APPEALS Telephone (516) 765-1809 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-t 800 February 5, 1991 Mr. Charles J. Brudi 141 Stahley Street Brentwood, NY 11717 Appl.~o.'~- Anthony Mercorella Re: CTM 9~145-04-004 at Laurel Dear Mr. Brudi: The Board Members have reviewed your letter at our February 1, 1991 Special Meeting with new construction plan of the proposed accessory building. It was determined by the Board that a formal application is required for consideration of these modifications which are different from the previous plan filed with the Board. The respective area requiring a further variance is Condition No. Enclosed is a set of application forms for your use. Please note that a second Notice of Disapproval is not necessary. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosures cc: Building Department Attention: Mr. Thomas Fisher Mr. Anthony Mercorella 2260 Great Peconic Bay Blvd. Laurel, NY 11948 DEPARTMENT OF PLANNING COUNTY OF SUFFOLK~'~1) PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE 360-5206 ARTHUR H. KUNZ DIREC'rOR OF PLANNING March 14, 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) Anrriet Spilman thony J. Mercorella Municipal Pile Number(s) 3904 3905 Very truly yours, Arthur H. Kunz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner Southold Town Board of Appeals MAIN RnAD- STATE RI-lAD 2S snlITHC)LD, L.I., N.Y'. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHR[NGER, 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, Articl~XIII, SectionlOO-239.4B Variance from Determination of South61d Town Building Inspector. Special Exception, Article , Section Special Permit Appeal No.:3905 Location County Within Applicant: Anthony J. XX Mercorella of Affected Land: 2260 Great Peconic Bay Blvd., Tax Map Item No.: 1000-i45-4-4 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound"or Estuary) State or County Road, Boundary of Existing or Boundary of Existing or Other Recreation Area Laurel, NY Parkway, Highway, Thruway Proposed County, State or Federally Owned Land Proposed County, State or Federal Park'or or Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines, Within One Mile of a Nuclear Power Plant __ Within One Mile of An Airport. COIqMENTS: Applicant is requesting permission to construct to dwellin~ which will be less than 75 ft. from bulkhead deck addition Copies of Town file and related doculnen~s enclosed for your review. Dated: Mar. ]3, 1990 Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GR1GONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINiZIO, JR. March 5, 1990 Mr. Anthony J. Mercorella 131 Duxbury Road Purchase, NY 10577 Re: Appl. No. 3905 - ANTHONY MERCORELLA (Variance) Dear Mr. Mercorella: 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 Southoid Town Board of Appeals MAtN 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. January 1'9, 1990 Mr. Anthony J. Mercorella 13.1 Duxbury Road Purchase, NY 10577 Re: Appeal No. 3905 Dear Mr. Mercorella: Upon reviewing your application for a deck under the above appeal number we find that a Neighbor Notice should have been sent to Town of Southold, Main Road, Southold, NY 11971. We enclose a Neighbor Notice and request you return it as quickly as possible with notarization. They are listed as owners of Lot No. 5. Upon receipt we will schedule your appeal next hearing date which is tentatively set for 1990. for our Feburary 1s Very truly yours, TR ENCL. CC: Laurel, NY Address 2260 Great Peconic GERARD P. CHAIRMAN Bay Blvd. GOEHRINGER FRANK A. KUJAWSKI, JR., P~aident ALBERT J. KRUPSKI, JR., Vice-President JOHN M. BREDEMEYER, IH JOHN L. BEDNOSKI, JR. HENRY P. SMITH BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE ($15} 765-1892 131 Duxbux~ Road January 3~1990 The following action was taken by the Board of Town Trustees during their regular meeting held on December 21, 1989. RESOLVED that the Town Trustees approve the request for a waiver to add a 44'x12' deck to existing house with the stipulations that single row staked hay bales be used during construction; also a suggestion to remove grass and plant native vegetation. The property is located at 2260 Great Peconic Bay Blvd, Laurel, NY, adjacent to Brushs Creek. Please return to the Building Department for a determination on the need for any other permits which may be required for this project. FAK:jb cc: Bldg. Dept. Board of Appeals file CAC Very truly yours, President Board of Town Trustees WILSON, ELSER, MOSKOWlTZ, ]=DELMAN 8 DICKER 410 Lf. XINGTON AVS'NU[ NL'W YORK, N. Y. IO170 January 3, 1990 N. Y. State Department of Environmental Control Regulatory Affairs SUNY Building 40 Stony Brook, N. Y. 11790-2356 Dear Sire: Pursuant to information furnished to me by your office, I hereby apply for permission to construct a deck in addition to my dwelling located at 2260 Great Peconic Bay Boulevard, Laurel, New Yor~, County Tax Map No. 1000, Section 145, Block 4, Lot 4. I am applying for a variance from the Zoning Board of Appeals from a notice of disapproval from the Town of Southold and have been advised that following a public hearing, such a variance may be granted. Similarly, the Board of Town Trustees has given their approval. The property is bulkheaded on both sides of Brushes Creek and will present no environmental impact. AJM:jsh Enclosure Very truly yours, Anthony J. Mercorella 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ]5 16 17 18 19 20 21 22 23 24 25 9 Anybody who would like to speak against the application? Anything from the Board members? No. Having no further questions, I make a motion closing this hearing and reaching a decision at a later time. BOARD MEMBERS: THE CHAIRMAN: BOARD MEMBERS: THE CHAIRMAN: Second. All in favor? Aye. The next appeal is Number~, on behalf of~ ~The legal notice reads as follows: Application Number 3905, Anthony J. Mercorella, variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B as disapproved, for permission to construct deck addition to dwelling, proposed con- struction will be less than 75 feet from the bulkhead. Property location: 2260 Great Peconic Bay Boulevard, Laurel, County Tax Map Number 1000, Section 145, Block 4, Lot 4. I have a copy of the sketch of the survey, which I can't read a date on it, 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 10 the proposed deck is on the west side of this particular dwelling which sits almost directly in the center of the lot and it is surrounded by water on two sides; on the west side and on the south side. X have a copy of the Suffolk County Tax Map indica- ting this and area. Could I questions? surrounding properties in the ask you a couple of (Marie Mercorella appearing for Anthony J. Mercorella.) MRS. MERCORELLA: Sure. THE CHAIRMAN: Thank you. Is the deck going to he enclosed in any way? MRS. MERCORELLA: No. THE CHAIRMAN: It will he open? MRS. MERCORELLA: Open deck. THE CHAIRMAN: Do you know the approximate size? MRS. MERCORELLA: Well, we wanted to make it the length of the house. that is about 44 feet, something and about 12 feet wide. THE CHAIRMAN: Do you have I think like that, any idea 1 2 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 11 what the closest point to the water would he? It is nothing you have to do right now, but would you just ... when you put that stake 12 feet out, would you measure it from there to the bulkheading and give us a call if you wouldn't mind, please? It would be helpful in dealing with the decision. We thank you very much. Is there anybody else that would like to speak in favor of this application? Anybody that would like to speak against the application? Hearing no further comments, I make a motion to close the hearing and reserve decision until a later time. All in favor? BOARD MEMBERS: Aye. THE CHAIRMAN: This appeal is in behalf of Harriet Spilman, Appeal Number 3904. The legal notice reads as follows: Application Number 3904, Harriet Spilman, variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 B for permission to construct addition to existing dwelling. Proposed construction will be less than NOTICE OF HEARINGS NOTICE OF HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, FEBRUARY 1, 1990, at the following times: 7:30 p.m. Appl. No. 3902-- HENRY HUNSTEIN. Variance to the Zoning Ordinance, Arti- cle 11I A, Section 100-30.3, (100-33), as disapproved, for permission to construct cessory building in frontyard area. Property Location: 90 Kimberly Lane and 135 North Bayview Road, Southold, Coun- ty Tax Map No. 1000, Section 70, Block 13, Lot 20.20. 7:35 p.m. Appl. No. 3901- THOMAS ESCHMANN. Variance to the Zoning Ordi- nance, Article 111 A, section 100-30 A.4, (100-33), as disap- proved for permission to con- struct accessory building in the frontyard area and accessory shower in sideyard area. Proper- ty Location: 495 Mesrobian Drive, Laurel, County Tax Map No. 1000, Section 145, Block 4, Lot ~.m. Appl. No. 39~-- ANTHONY J. MERCOREL- LA. Variance to the Zoning Or- dinance, Article XXIII, Section 100-239.4 B, as disapproved, for permission u~ construct deck ad- dition to dwelling, proposed construction will be less than 75 ft. from the bulkhead. Proper- ty Location: 2260 Great Peconic Bay Boulevard, Laurel, County Tax Map No. 1000, Section 145;' Block 4, Lot 4. 3~--~ '""'~5 p.m. Appl. No. HARRIET SPILMAN. Vari- ance to the Zoning Ordinance, Article XXIII, Section 100-239A B, for permission to construct addition to existing dwelling. Proposed construction will be less than 75 ft. from the bulk* head. Property Location: 1730 West Creek Avenue, Cutchogue, County Tax Map No. 1000, Sec- tion 110, Block I LOt 7.3. 7:50 p.m. Appl. No. 3900-- GERHARD SCHREMMER. Variance to the Zoning Ordi- nance, Article XXIV, Section 100-244 B, for permission to construct a one family dwelling, proposed construction will have insufficient front and side yard setbacks, lot has insufficient width. Property Location 1380 Oak Drive, Southold, County Tax Map No. 1000, Section 080,' Block 02, Lot 001. 7:55 p.m. Appl. No. 3897-- PARKER J. WICKHAM. Vari- ance to the Zoning Ordinance, Article XIII, Section 100-132, for permission to construct a building for antique vehicles, proposed construction will have bulk, area and parking regula- tions and insufficient side yard setback. Property Location: 410 Airway Drive, Mattituck, Coun- ty Tax Map No. 1000, Section 123, Block 01, Lot 02. 8:00 p.m. Appl. No. 3899-- AGNES AND CHERYL PAG- NOZZI. Variance to the Zoning Ordinance, Article XXIV, Sec- tion 100-244 B, for permission to construct an addition to ex- isting dwelling, proposed con- struction will have insufficient side yard. Property Location: 1450 Jockey Creek Drive,', Southold, County Tax Map No.~'~ 1000, Section 70, Block 5, Lot 17. ' 8:05 p.m. Appl. NO. 3898-- PECONIC BAY VINEYARDS. Special Exception to the Zoning Ordinance, Article VII, Section 100-71 B (6) for permission to use existing barn for winery pro- duction and storage. Property Location: 32180 Main Road, Cutchogue, County Tax Map No. 1000, Section 103, Block 01, Lot 19.2. 8:10 p.m. Appl. No. 3882-- BIDWELL WINERIES. Special Exception to the Zoning Ordi- nance, Article III, Section 100-30, for approval of con- sumer tasting and retail sales from the winery. Property Loca- tion: Route 48, Cutchogue, County Tax Map No. 1000, Sec- tion 96, Block 4, Lot 4.3. 8:15 p.m. Appl. No. 3908-- ROBERT OCHSENREITER,;~ AND EDWARD LENCESRI'. Variance for reversal of building permit to construct a one fami- ly dwelling. Property Location: 565 Bayer Road, Mattituck, County Tax Map No. 1000, Sec- tion 139, Block 3, Lot 14. 8:20 p.m. Appl. No~ ROBERT AND ETHELLE SCHROEDER. Variance for versal of building inspector ~or change of use of land and lng building without obtnin~ a Certificate of Occupancy. Pro- perty Location: 4380 Main Road, East Marion, County 'lhx Map No. 1000~ Section 35, Block 5, Lot 4. 8:25 p.m. Appl. No. 37"/0-- PORT OF EGYPT. Variance to the Zoning Ordinance, Article XII, Section 100-121C-122, Sec- tion 100-239d, as disappro~d for permission to construct Boat Storage Building with ineffi- cient setbacks and excessh~ loll coverage in this Marine Il (M- II) Zoning District. ProPesW Location: Main Road, Southold, County Tax Map No. 1000, Section 056, Block 04, 06, Lot 10.1, 11, 12.2, 3.2, 3.3,4,6.1. The Board of Appeals will at said time and place hear any and all persons or repre~ntatives siring to be heard in each of the above matters. Written com- ments may also be submittal prior to the ennclusion of the subject hearing. Each beafi~ will not start before time allot- ted. Additional time for ~ presentation will be available, if needed. For mom information, please call 765-1809. Dated: January 22, 1990 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN )'~,/ By Doreen Ferwenda lX, 1/25/90 (7} COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ..................... /. .... weeks successively, commencing on the ......... .~...57.~. ....... day ot . . .~,~ ........ 19.?¢.. Sworn to before me this ....... .o~..5'-..~7. ........ day of 19 Notary Public B,"~BARA A. gi~HNEIDER NO?,'~(f pU2~!lC, State of i~ew York Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 ~OUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. February S.E.Q.R.A. TYPE II ACTION DECLARATION 1 , 1990 Appeal No. 3905 Project/Applicants: County Tax Map No. Location of Project: Anthony J. Mercorella 1000- 145-4-4 2260 Great Peconic Bay Boulevard, Laurel Relief Requested/Jurisdiction Before This Board in this Project: Deck addition less than 75 feet from bulkhead. 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 Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 $OUTHOLD, 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. $OSEPH H. SAWICKI JAMES DINIZlO, .IR. TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the times allotted in the attached Legal Notice. Please feel free to call our office prior to the hearing date if you have questions or wish to update your file. Yours very truly, GERARD P. GOEHRINGER CHAIRM3LN dff SoOthold Town Board of Appeals Regular Meeting of February 1, 1990 Copies to the following on or about January 24, 1990 Suffolk Times, Inc. L.I. Traveler Watchman Town Clerk Bulletin Board (Main Lobby) ZBA Office Bulletin Board (East Hall) ZBA Bd~Pd Members (with c6pies of files) ZBA Individual Files Mr. H. Hunstein 302 Saville Rd., Mineola, NY 11501 Riverside Homes, as Agent for Thomas Eschmann 1159 W. Main St., P.O.Box 274, Riverhead, NY 11901 Mr. Anthony Mercorella 131 Duxbury Road, Purchase, NY 10577 Karen Hagen, Esq. for Harriet Spilman Wickham, Wickham, Bressler Main Road, P.O. Box 1424~j Mattituck, NY 11952 Salvatore DiSalvo as Agent for Gerhard Schremmer 47-39 162nd Street, Flushing, NY 11358 J. Parker Wickham 410 Airway Drive, Mattit~ck, NY 11952 Louise Beck Schnabel for Pagnozzi 1600 Jockey Creek Drive, Southold, NY 11971 Cheryl Pagnozzi 1450 Jockey Creek Drive, Southold, NY 11971 Mr. Ray Blum for Peconic Bay Vineyards Main Road, P.O. Box 709, Cutchogue, NY 11935 Mr. Kerry Bidwell for Bidwell Wineries Route 48, Cutchogue, NY 11935 Daniel Ross, Esq. for Ochsenreiter and Lenceski Wickham, Wickham & Bressler Main Road, P.O. Box 1424, Mattituck, NY 11952 Daniel Ross, Esq. for Robert & Ethelle Schroeder Wickham, Wickham & Bressler Main Road., P.O. Box 1424, Mattituck, NY 11952 Southold Town Board of Appeals Regular Meeting of February 1, 1990 Copies to the following on or about January 24, 1990 Mr. Theodore ?raturis for Robert & Ethelle Schro6der 5804 7th Avenue, Brooklyn, NY 11220 Mr. Eraklis Apodiacas for Robert & Ethelle Schroeder 7122 Ridge Boulevard, Brooklyn, NY 11209 Mr. David Gilli~spie for Robert & Ethelle Schroeder 221 North Road, Greenport, NY 11944 Mr. Merlon Wiggin for Port of Egypt Peconic Associates, i Bootleg Alley, Greenport, NY 11944 JUDITH T, TERRY TOWN CLI~RK OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, $outhold Town Clerk Dated: January 12, 1990 Transmitted herewith is Zoning Appeal No. 390S , application of Anthony and Maria M~rcorella for a variance. Also included is: Notification to Adjacent Property Owners; Short Environmental Assessment Form letter relative to NY$ 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 -- Appenclix C S)ato Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM · Far UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by ADpllcant or Project ~PQNS~R PROJE~ LO~TION: ?. AMOU;4T OF LAND AFFECTED; '. ,~ 7~~ ~u~4~s. ~ C°mmercmalOe SCrape: ~ Agricullu,e ~ Par~ForesuO~en space ~OIh~ 10. OCES ACTiOn INVOLVE A PERMIT A~P ~ ~-- ' c~nn.5~-I~ r?Z~_'".5?."~o~ P~OV, OEo,aovE is ~nu~ TO ~HE a~sT oF MY ~ KNOWLEOGE o action is in the Coastal Area. and you are a state agency, compfele t:_j L__. Coastal ASsessment Form bolero proceeding with this assessment OVER ----'-=- 1 (Continued on reT/erse side) o£ ~ia form ~nv~ronmencal h Pro~ec~ and t cUrrentl, .~ short (b) Zf any question has been ansvere c Undertaken. nificane and Completed Environment-. - d Yes the project may be sig- (c] If all questions have been answered NO i= is likel~ that the pro,eec is nec signlfic~c. (d) Env~c°nmen~ WAll P=oject result in a larce Physical change to the prO]eec site or physically al~er more than 10 acres of 2. Will there be a major change to ~es ~:0 3. N~ PcO~ecc al~oc oc have a lac~e eEgecc o~ 4. N~11 P~O~ecc have a potentially large ~mpacC on S. Will pro,eec Siqnificancly ~Yes on ad~acun~ site~? effect drainage flow ~Yes 6. Will prO]ecs affect an~ threatened or endangered plant or animal species? 7. WiZ1 Pro,eec result in a ma)or adverse effect on~es ~No air quality? 8. Will Project have a ma~or effect on Visual char- - ~..o know~ to be important =o the cO~uni=y~ env~rcnmencaA area bF a loc=~ agency? ~es ~No ~0. WL~I P=o~ecC have a m~o~ eEfacc on e~i=cing o= Z~. W~Z~ PrO)uc= ru~u~= ~n major ~raff~c programs o= 12. Will project regularly cause objectionable odor=, 13. Will pro,eec have any impact on public health s~nature:~_~ es ~',o QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED ~TI{ YOUR APPLICATION FO~4S TO THE BOARD OF AFPEALS 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), t~ scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or 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? Yes Q Yes ~ Yes Yes No e Are there any existing or proposed fences, c~ncrete barriers, decks, etc? If project is proposed for an accessory building or structure, i~ total height at more than 18 feet above average grounde--~-~l? State total: ft. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground 1-~17 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 o~%nership, if any)? State Permit # and. Nature: /~7o'/ '~ - 7 DO state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): No Yes Yes ~. Yes N~ Planning Board Town Board Town Trustees County Health Department Village of Greenport N.¥.S.D.E.C. Other Yes No Yes No ~ No Yes No Yes No No Yes No 10. 11. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from contract) Is new construction proposed in the area of contours at 5 feet or less as exists? Yes Yes No 12. If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? YeS, No 13. Please list present use or operations conducted upon the subject property at this time / and proposed 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. ~-- (Au~-orized Agent) 1/88 WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 by L.L. No. 6-1985]: ~. ~ ~!~4 A. TIDALWETI,ANDS: (1) All lands generally covered or h~termittently cov- ered with, or which border on, tidal waters, or lands lying beneath tidal waters, which at mean Iow tMe are covered by tidal waters to a m.aximum depth 'five (~) feet. in~lmlin~ but not bruited to banks. boas. salt marsh, swamps, meadows, rials or other low lying lands subject to tidal action: (2) All banks, bogs. meaduws, fiats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following:, salt hay, black grass, saltworts, sea lavender, tall eordR'rass, high bush. cattails, groundse[, marshmallow and Iow march cordgrass; ami/or (3) Alt land immediately adjacent to a tidal wetland as defined in Subsection A{2) and lying within seven- ty-five (75) feet lamlward of the most landward edge of such a tidal wetland. Bo FRESIIWATER WETLANI)S: (1) Freshwater wetlands as defined in Article 2,1, Ti- tle 1, § 2,1-0107, Subdivisions l(a) to l(d) inclusive, of the Environmental Conservation Law of the State of New York: and (2) All land immediately adjacent to a "freshwater wet- land." as defined in Subsection B(1) m I lying with- in seventy-five (7.5) feet landward of the most land- ward edge of a "freshwater wetland." NO. 4 ~ TO~N OF:~ SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N. Y. Certificate Of Occupancy No. Z.7.09~ ...... Date .. JUne. 22, ................ , 1~6.. THIS CERTIFIES that the building located at S/S..Gt.. Beconic .Ba.y..Bvd.. Street Edgemere Laurel Map No .... Pa~k .... Block No ........... Lot No.. ] 9 .............................. requirements for one family dwellin~t conforms substantially to the~~K~N~k~g~R~~~~ built before Certificate of Occupancy dated ......... April. 2.3. , 1957. pursuant to which ~]M~z~z~X~ No. ZT0.R4. · dated ......... June.. 2.2, ., 19.7,6., was issued, and conforms ~o all of the requir~ ments of the applicable prowsions of the law. The occupancy for which this cer~lficaCe ~ issued is . .Pri~ate. one. family..dwellinng ..................................... The certificate is issued to . Renolape. Lmathem ................................... (owner, of the a~oresaid building. Suffolk County Department of Health Approval ...... N/.R. .......................... UNDERWRITERS CERTIFICATE No ............. I~/.R. ............................ HOUSE NUMBER~2~P .......... Street Great Peconic Bay. Blvd, 60 Pvt. Road #2 ............................................. ~ ............. Laurel.,..t~ ,. ~. .... Building Inspector WO~------' Sland.d N. Y. B.T.U. Fe~ ! Acts-lnd~,'idud or Cocpolzdon (sln$1e sheet) CONSULT YOUR LAWYIR BEFORI SI(~NINO THIS INSTRUMENT--THIS INSTRUMENT SHOULD BI USED BY LAWYERS ONLY. THIS INDF..N'rURF~ made the 18th day of November , nineteen hundred md Eighty-Seven BETWEr~q EDWARD CUMMINGS and JOANNE CUrdlINGS, his wife, residing at 113 Stratford Avenue, Garden City, New York 11530 party of the first part, ~d ANTHONY MERCORELLA and MARIA MERCORELLA, his wife, residing at 131 Duxbury Road, Purchase, 'New York 10577 party of the second part, WITNESS, that the party of the first part, in considetatlon of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the s~ond pan, the heirs or succ~sots and assigns of the party of the second part torever, ALL that certain plot, piece or parch of ~nd, with the buildings and improvemen~ thereon crewed, situate, lyingsndbeing in tl~e Town of Southold, County of Suffolk, State of New York, being Lot 19 s shown on a certain map entitled, "Nap of Edgemere Park", filed in :he Office of the :lerk of the County of Suffolk on July 2, 1931, as ~ap No. 712, being more particularly ~ounded and described as follows: ~EGINNING at the corner formed by the intersection of the southerly side of Peconic Bay ~oulevard and the westerly side of Edgemere Avenue (private - 30 feet wide); {UNNING THENCE South 20 degrees O0 minutes East along said westerly side of Edgemere ~venue, a distance of ]55.3~ feet; {UNNING ~IENCE South 6? degrees 24 minutes 20 seconds West, a distance of 71.31 feet; ~UNNING THENCE South 70 degrees 13 minutes 30 seconds West, a distance of 111.66 feet :o the high water mark of Brushes Creek; {UNNING THENCE North 0 degrees 50 minutes East along said high water mark, a distance )f 19.24 feet; ~UNNING THENCE North ~UNNING THENCE North ~UNNING THENCE North 7 degrees 40 minutes 40 seconds East, a distance of 38.55 feet; 10 degrees 10 minutes 10 seconds East, a distance of 37.21 feet; 3 degrees 10 minutes 20 seconds East, a distance of 53.79 feet; {UNNING THENCE North 16 degrees 57 minutes 30 seconds East, a distance of 31.51 feet ~o the Southerly side of Peconic Bay Boulevard; iRUNNING THENCE North 70 degrees 00 minutes East along said Peconic Bay Boulevard, !97.63 feet to the point or place of BEGINNING. Subject to any state of facts an accurate survey may show. Subject to covenants, easements and restrictions of record, if any. Being the same premises acquired by grantors herein by deed dated July 2, 1976 and recorded in the Suffolk County Clerk's Office July 27, 1976 in Liber 8076, page 437, and commonly referred to as Three Peconic Bay Boulevard, Laurel, New York. And said premises being a single family dwelling. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streots and roads abutting the above described premises to the center lines therec~; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to ~aid premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. 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 exceot ~s ~fn~---i,~ ......... r~" ""' rtx,_,,~ .,c ,.c,.smerat~on ior this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNF..$S WHEREOF, the party of the first part has duly executed this deed the day and year first above written. "-~WARD CUMMI NG~----'~-~ / --~ CUMMINGS ~ STATE OF NEW YORK, COUNTY OF NASSAU ss: On the 18r. h d~y of November 19 87 , before me person~liy came EI~dAR~ CUNNINGS and JOANNE CUllINGS to me known to be the individuale described in and who executed the foregoing instrument, and acknowledged that they executed the same. Notary Public 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 h~ 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 su~". corporate seal; that. it was so affixed by order of the board of directors of sald corpora- tion, and that he signed h name thereto by like order. STATE OF NEW YORK. COUNTY OF sst On the clay of 19 , before me persor~lly came to me known to be the individual described in and who executed the foregoing instrume,nt, 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 ! am personally acquainted, who, being by me duly sworn, did 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, wu present and saw execute the same; and that he, said witness, at the s~mc time subscribed h name as witness thereto. ~VI'I H COVENANT AGAINST GRAN'IOK'S AC'IS TITLE NO. EDWARD CUMMINGS and JOANNE CUMMINGS, his wife TO ANTHONY MERCORELLA and MARIA MERCORELLA, his wife First American Tille h~surance Company of New York Tax Map: 1000 165.00 SECTION BLOCK LOT COUNTY OIt TOWN Suffolk 04.00 004.000 Recorded At Request of First American Title Insurance Company of New York RETURN BY MAIL TO: ANTHONY MERCORELLA, ESQ. c/o William, Eiser, et al 420 Lexington Avenue New York, NY 10170 Zip No. (~ COUNTY OF SUFFOLK tnn~.m $OUTHOLD ~CTmm '"~JReaJ Properly Tax Service Agencyl .... ~I ~ I/ MATTF R-80 LIO A-C R-80 GREAT ~45.-2-2 C MY EHLERS ELIZABETH P 1,000 b,~UU 'I,UUU o,Ju~ 4~u ~ 1&5.-2-) CNR THOET DOROTHY EHLERS ).900 12,200 3,900 12,t00 210 I 21 ~5.-2-& ..... ~ ~ TETER'E~EZABETH S ...... i~500 1~500- - i~50~ ......... i.500 311 1 21 145.-2-5 C PO TETER ELIZABETH S 3,500 9,900 ],SO0 q,qO0 210 1 21 i~5.')-6 .......... ~ ~ ~'D~NGER'BEVERLY .... ~;300 8;800 ....... 5,300 ........ 3,800 210 1 .... 21 145.-2-7 1~5,'~-8 145o-2-9 C SB CROSSLEY JOHN R ~,SO0 8,600 2,500 8,600 ~10 1 21 ~45.-2-10 ~M~ ~ARDINALE ALERIo ASR ' 6~400 ~,200 ....... 6~&O0 ......... 16,200 2i0 I 21 143.-2-11 C ~X SIDOR MARTIN & WF 3,200 10,100 3,200 10,100 210 I 21 ~5~-~-12 ........ ~-'N~ ~OM-E~ORi~-ANN ~ ANO' - i~000 ....... 5;900 i;000-- 5,900 260 I ' 21 145.-2-1& C PC BURNS JOHN J ~ WF 1,300 7,000 1,)00 ?,000 210 I 21 'T~5.-2-15 ............ ~-'PV-'BURNS-~O~N'J ~ WF '- 1;SO0 ........ 1;$00 ........ I;SO0 ..... 1'500 311 i - 21 145.-2-16 C QO BURNS JOHN J & WF 1,700 1,700 1,700 1,700 3111 21 ~45o-2-17.1 - ~"'-~ PE~i~O'THO$ V & ORS ~;700' - - i~?'00 ~;?00 ...... 1'700 3il 1 145.-2-17.2 C $Z PERILLO THOS V JR & OR 1,100 4,900 1,100 4,900 210 1 ~5"-2-18 ........ ~--L-~OOD ES~$-PROP:~WNRS ..... i;000 -- i~000 1~000 ........... I'0~0 ~11 14~.-2-19 C ST KROM ANN 2,500 2,500 2,500 2,500 311 ~'45.-3~1 .......... ~--MV ~AU~CE-MI~A~EL & ORS 1;400 ....... 5,600 '1,400 ' 5,600 210 145.-3-~.2 C PG FALCO VINCENT & WF 700 3,600 700 J,600 ~10 ~45.-3-3.1 ............. C PD ZAGARINO ANTHONY 700 4,200 .... 700 '4,200 ~10 145.-3-4 C PA BIANCO MICHAEL J & WF 1,400 6,700 1,400 6,700 210 ~5.-3=5 ................... ~-~T STOMPF-J~AN M ....... 700 ..... ~;200 ..... 700 ...... ~200 210 145.-~-6 C ~M BOSSLER LOUISE 2,500 7,700 2,500 7,700 210 ~%5,-3-7.1 ............. ~--~ (J~ANOWN--O~NER 692 C QP FARRELL EILEEN 1,900 9,000 1,q00 9,000 210 1 21 '~'-~ L~A~Y BARBARA ANN ....... i'000 ..... ~;800 ......... i;O00 .... &,800 210 i ' 21 21 21 I 21 1 21 1 21 1 1 21 1 ' 21 I 21 1 ' 21 I 21 21 21 ' 21 21 145.-3-9.1 C TN ROMANELLI MARIA 2,600 11,700 2,600 11,700 210 "i~$.-3-10 ~ M~ ~KNAUER-AUGUST HELGA ~ ?00 '' 3,400 '700 - 3,400 210 i 145.-3-11 CNN PECCH[O CARL G 8 WF ?00 1,300 ?00 7,300 210 1 ~45~3-12 .............. ~ ~E~ELD~-E~CIENNE A ....... ?00 - -~00 ........ 700 ...... 3;600' ~10 1 1~5.-3-13 COZ BENNETT JOHN H & WF 700 ],400 700 $,400 210 1 : 145.-S-lS C ~L DICANOLIA ~RANK ~ WF ?00 ~.100 ?00 ~,100 ~10 1 '~45.-3-16 ............... C RE DOROSK[ JAMES O 900 ..... 4;&O0 900 4,600 ~10 1 145.-4-2.1 C PA NERSOYAN MARIE E 2.000 4.?00 ~,000 ~,?00 ~I0 1 .............. ~00 ........ ~00"- 400 ~00 Sll 1 -1~5.-4-6 - 145.-4-7 145.-4-10 -I 45.-4-12.1 ...... 145.-~-1~ '145.-~-16 ~--0'~"MORRAYJAMES M JR C PQ MERCORELLA ANTHONY....( 2,200 5,600 2,200 5,600 CRC JOHNSTON GEORGE P g WF - I~500 -- 5~800 - 1,500 5.800 C RV POLEWAC DAWN 1,400 6,300 1,400 6,~00 .... C--~ KLEIN SIMON ..... 800 ~500 ....... 800 6,~00 C NK ESCHMANN THOMAS A & 2,500 7,500 2,500 7,500 .......... C PS ~O-~OSEP~ ~ & SUSA ....... 5;000 ..... ~r2;~O0 5;000 ....... 12~300 c Pp SEETH DOUGLAS S 1.800 5,500 1,800 5,500 ................ ~-QZ'WAL~E~-~ERTRAM ~'& WF 2,600 ........... 7',800 .... 2,~00 - ?,800 CRB ZEIDLER RICHARD & WF 3,200 15,400 3,200 15,400 --- ~-RO'~HISHOLM JOAN R ......... 1.300 .... 4.~00 ........ 1,300'- - ~,600 .... PAGE- 21 21 21 ' 210 I 21 ii 210 1 21" 21 0 1 21 i 210 I 21 210 1 21 210 1 21 0 I 21 210 1 21 210 1 210 1 21 ........ 51 'PARCELS ('ACTIVE) ........................ 29],400 1988 TOTAL 29~,400 1989 TOTAL BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of Anthony J. and Maria Mercorella to the Board of Appeals of the Town of Southold TO: RECEIVED JAN22 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 (Variance) · ). 2. That the property which is the subject of the Petition is located adiacent to you. r_proEerty and is des- cribed as follows: 60 #2 Pvt Road, 2260 Great Peconic Bay Blvd., Laure±, N~, ~ounty Tax Map No. 1000, Section 145, Block 4, Lot 4 3. That the property which is the subiect of such Petition is located in the following zoning district: 4 lha! b~ such Petition, the undersigned will request the following relief: ~nLLssion to ereot a deck accessory to dwellinq $. That the provisions of the Southoid Town Zoning Code applicable to the relief sought by the under- signed are Article XXIII Sect/on 100-239.4B [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. b. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you ma), then and there examine the same during regular office hours. (53.6) T~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: / / -- Anthony J. ~L~/Maria Mercorella Petitioner Owners'Names: Post Office Address 131 Duxbury Road Purchase, NY 10577 Tel. No. (914) 761-6585 [Copy of sketch or plan showing proposal to purposes.] NAME PROOF OF MAILING OF NOTICE ATTA~I:hi~'IFIED MAIL RECEIPTS ADDRESS P 147 460 206 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDE0 NOT FOR INTERNATIONAL MAIL (See Reverse) OT:~K, Town of Southold Stree) and ND, Main Rd-State Rd 25 P . S te ZIP Co Postage ! $ Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to whom and Date Delivered Return receipt showing to whom, Date, and Address of Delivery TOTAL Postage and Fees $ Postmark or Date 1/17/90 STATE OFNEW YORK ) COUNTY OFSUFFOLK) Anthony J. Mercorella , residing at 131 Duxbury Road, Purchase, New York, ~ 10577 , being duly sworn, deposes and says that on the 17th day of JZLnua:y ,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 PosrOf. rice at Grand Central Station, NY, NY (certified) (registered) mail. Sworn to before me this 17th day of JaDu~ry , 19 90 ; that said Notices were mailed to each of said persons by ANTHO~. N~ 6OJ, M~72 Exam O~M~ ~0,1iq I (This side does not have to be completed on form transmitted to adjoining property owners.)