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Home My WebLink About3983 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. 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 ACTION OF THE BOARD OF APPEALS Upon Application of JANET MALONEY for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for approval of deck within 75 feet of bulkhead along Hog Neck Bay. Lot is nonconforming as to lot area in this R-40 Zone District; County Tax Map Parcel No. 1000-90-1-25. WHEREAS, the Matter of 3983; and a public hearing was held on November 29, 1990, in the Application of JANET MALONEY under Appeal No. WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; 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. This is an application for a Variance under Article XXIII, Section 100-239.4B for approval of a 31'6" by 14'8" wide deck addition, with 4' by 5' stairway, extending along the southerly side of the existing dwelling as shown on the sketch survey submitted under this application. 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 90, Block 1, Lot 25 and contains a total lot area of approximately 14,800 sq. ft. 3. The deck addition will not protrude forward of the dwelling at either the front yard or rear yard, and is proposed to be not closer than 33 feet to the bulkhead (excluding the 4 ft. wide by 5 ft. deep step area, which would be not less than 29 feet). The dwelling as exists is set back 47 feet from the bulkhead. 4. Article XXIII, Section 100-239.4B of the Zoning Code (as amended) requires all buildings an~ structures located on lots RECEIVED AND FILED BY THE SOUTHOL~ TOWN CLEn~ ~tg%e2r ;fAjpplAN~.TNOM~3~} Town Clerk, Town of Southold Decision Rendered Dece~r 13, 1990 upon which a bulkhead, concrete wall, rip-rap or similar structure exists and which is adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet from the bulkhead. 5. It is the position of this Board that in considering this application: (a) the relief requested is the minimum necessary to afford relief; (b) the relief if granted as requested will not alter the essential character of the neighborhood; (c) the difficulties are uniquely related to the property and are not personal in nature; (d) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (e) in view of all the above, the interests of justice will be served by granting the relief requested, as conditionally noted below. Accordingly, on motion by Mr. Doyen, seconded by Mr. Grigonis, it was RESOLVED, to GRANT the relief requested under Appeal No. 3983 in the Matter of JANET MALONEY for the placement of a 14'8" by 31'6" deck addition along the southerly side of the existing dwelling, as applied, and SUBJECT TO THE FOLLOWING CONDITIONS: 1. That there be no lighting which would be adverse to neighboring areas (lighting must be shielded to the property); 2. That the deck remain open (not to be enclosed) and not be roofed. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen and Dinizio, consisting of the entire four-member board at this time. This resolution was duly adopted. APPEALS BOARD MEMBERS Gerard P. Gnehring~r, 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 Sup~visor 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 HER~Y GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, NOVEMBER 29, 1990 at the following times: 7:30 p.m. Appl. No. 3972 - PETROL STATION LTD. Hearing continued from November 1, 1990. 7:35 p.m. Appl. No. 3985 - HERBERT AND CATHERINE LINDTVEIT. Variances to the Zoning Ordinance, Article XXVIII, Section 100-239.4B and Articlg XX~V, Segtion 100-244B for proposed one-story and second-story additions with two-foot over-hangs (cantilevers) Portion of additions will be less than 75 feet from bulkhead along Corey Creek and will reduce both side yards to less than the minimum required at 10 and 15 feet. The dwelling as exists has nonconforming side yards, and the lot area and width are also nonconforming in this R-40 Zone District. Location of Property: 625 Windy Point Lane (Private Road %12), Southold, NY; County Tax Map Parcel 1000-87-4-7. Page 2 - Legal Notice Hearings to be Held November 29, 1990 Southold Town Board of Appeals 7:40 p.m. Appl. No. 3986 - BARRY AND BEVERLY LE~R. Variance to the Zoning Ordinance, Article III, Section 100-30.2A for approval of the location of accessory building located in an area other than the required rear yard and located within 75 feet of the bulkhead along Goose Creek (a/k/a West Creek). Lot is nonconforming as to lot area and width in this R-40 Zone District. Location of Property: 15 Sun Lane, Southold; also referred to as Lots 1 & 2 on the Subdivision map of "West Creek Development" filed July 6, 1937 as County File No. 1236. County Tax Map Parcel ID No. 1000-76-1-1. 7:45 p.m. Appl. No. 3988 - ANTONIO VANGI. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 and Article XXIII, Section 100-239.4, for permission to construct garage addition with a setback of less than 100 feet from the top of the bluff along the Long Island SquDd and with~side yards at less than the required 15 feet and 20 feet. The dwelling as exists is nonconforming as to total sideyards, and the lot area and width are nonconforming in this R-40 Zone District. Location of Property: 645 Glen Court, Cutchogue, NY; Vista Bluff Map No. 5060, Lot #1; County Tax Map Parcel ID No. 1000-83-1-7. Page 3 - Legal Notice Hearings to be Held November 29, Southold Town Board of Appeals 1990 7:55 p.m. Appl. No. 3987 - H & S ASSOCIATES by Sanford Friemann. Variance to the Zoning Ordinance, Article X, Section 100-102 (Bulk Schedule) for approval of insufficient frontage (lot width) {as exists} along the Main Road of proposed Lot #3 and for approval of insufficient lot depth of proposed Lot #2, in this pending minor subdivision, andfor approval of access according to New York Town Law, Section 280A over a private right-of-way. Zone Districts: B-General Business and Agricultural-Conservation. of Main Road, Cutchogue, NY; 1000-102-2-24. Total area: Location of Property: North Side County Tax Map Parcel ID No. 19.596 acres. 8:05 p.m. Appl. No. 3977 - BE'I-I'f J. COPIN. Continued from November 1, 1990. 8:15 p.m. Appl. No. 3788 ='SUN REFINING & MARKETING. Variances to the Zoning Ordinance, Article X, Section 100-102: (1) for permission to establish convenience store use in conjunction with and accessory to the existing gasoline station use on this substandard parcel which contains less than 30,000 sq. ft. in lot area; (2) for interpretation as to height limitation of accessory (canopy) structure, and (3) for approval of canopy structure in the front yard location. Location of Property: Corner of the Easterly Side of Factory Avenue and Northerly Side of the Main Road, Mattituck, NY; County Tax Map Parcel ID No. 1000-142-1-27. Page 4 - Legal Notice Hearings to be Held November 29, Southold Town Board of Appeals 1990 //~' 8:30 p.m. Appl..No. 3983 - JANE~ MALONEY. Variance to the k Zoning Ordinance, Article XXIII, Section 100-239.4B for approval _ of deck within 75 feet of bulkhead along Hog Neck Bay. Lot is nonconforming as to lot area in this R-40 Zone District. _ Location of Property: 30 West. Lake Drive and 2505 Little Peconic Bay Lane, Southold, NY, County Tax Map Parcel ID No. 000-90-1-25; Cedar Beach Park Lot No. 125, filed Map No. 90. 8:35 p.m. Appl. No. 3981 - PHYLLIS RAYNE BYER. Variance to the Zoning Ordinance, Article III, Section 100-30A(1), as disapproved, for approval of second dwelling apartment unit, as exists. Building as exists contains two dwelling units and retail store in this Limited Business (LB) Zone District. Lot is nonconforming as to lot arga,.width ~nd depth. Location of Property: Corner of South Side of Main Road and the East Side of Bay Avenue, Cutchogue, NY; County Tax Map Parcel ID No. 1000-85-3-2.1. Page 5 - Legal Notice HeRrings to be Held November 29, 1990 Southold Town Board of Appeals 8:45 p.m. Appl. No. 3973 - JOHN AND ROSE MILAZZO. Variances to the Zoning Ordinance, Article XXIII, Section 100-239.4 {a/k/a 100-239d(B)} and Article XXIV, Section 100-244B for permission to locate addition and reconstruction of dwelling structure with setbacks: (a) at less than the required 75 feet from the bulkhead, (b) at less than the required minimum 35 ft. rear yard at its closest point, and (c) at less than the required 10 ft. and 15 ft. minim%un side yards, (d) at less than the total side yards required minimum of 25 feet. Existing dwelling structure is nonconforming as to the northerly side yard, the rear yard, and the setback from the bulkhead. Lot area and width is nonconforming in this R-40 Zone District. Location of Property: 9 Island View Lane, Greenport, NY; County Tax Map Parcel ID No. 1000-57-2-20. 8:55 p.m. Appl. No. 3955 - DOMINICK SBLENDIDO & A. AURICCHIO. Interpretation request'ed regarding second kitchen facilities and its relation to single-family verses two-family uses, and a variance for addition with an insufficient frontyard setback. 185 Inlet Lane, Greenport. Continued from November l, 1990. 9:15 p.m. Appl. No. 3975 - ARTHUR G. CARLSON. Interpretation and Variance to the Zoning Ordinance, Article III, Section 100-30 (as disapproved by the Building Inspector) for permission to accept delivery of shellfish from local waters, to shuck the shellfish, and to deliver or ship the scallops and/or conches for wholesale distribution. Scallops Page 6 - Legal Notice Hearings to be Held November 29, 1990 Southold Town Board of Appeals and conches to be delivered for off-premises consumption or sales. Zone District: Agricultural-Conservation (AC). Location of Property: 1575 Lower Road, Southold, NY; County Tax Map Parcel No. 1000-69-5-13.2. Continued from Novem%ber 1, 1990. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated: November 9, 1990. BY ORDER OF T~E SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEI~i~INGER CHAIRMAN By Linda Kowalski FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL To MICIIARL J. HALL (A'r'rORNEY) 1050 ¥OOl~ JAI~ MALOI~Y AVE. - SOui'HOLD, N.Y. 1197] Date . .S.g.P.~.: .2.8. ................ ,19 .9.0... PLEASE TAKE NOTICE that your application dated .....S.E.P.~....2.4. ............... 19.9.0... for permit to . CONSTRUCT A DECK ADDITTON Location of Provertv . .3.0 I~ST LAg]/ DR. SOu'J.'~OLD - -- HOOS'O ~]o~ ....................... Street ................. Ham/er County Tax Map No. 1000 Section . .9.1... Block 01 Lot 25 Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds lrI~ER ARIICI~ XXlII SECIION 100-239.4B construction is less than 75 ft. fro~ the bulkhead. Action required by th.e Z. ont~g' Board of A.ppeals and by the Board of Torn Trustee. TH(3~qAS J. FISHER RV 1/80 TOWN OF $OUTHOLD, NI~~O_ APPEAL FROM DECISION OF BUILDING INSPECTOR ~'1~ DATE L9.9 0 TO THE ZONING BOARD OF APPEALS, TOWN OF S~ll~,~llflY~ ~u~Janet Maloney fka Janet Bu.r.~..oli of ..c./..°....D..°.D.~...M..,..~.~.~..~fL~..~.O.~..~.Q~C 981 Name of AppelJomt Street and Number 1050 Youngs Avenue, $outhold New York EREBY ............................ H APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..S..e.p..t.e.~.b.~.r....2..8.~._.l..9..9..O. ................ WHEREBY THE BUILDING INSPECTOR DENIED TO Janet Malone c/o Michael .$.. Name of Applicant for permit of 1050 Youngs Avenue Southold New York Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY permit to construct deck addition oammppT~' 30 West Lake Drive. Southold 1. LOCATION OF THE .............................................. ~. .............................................................. & 2505 Little Peconic Bay Lane Street /Hamlet / Use District on Zoning Map District lO00 Section 90 BlockO1 Lot25 ^ . .............. ~ ............................ burrenc Owner Janet Malone¥ fka Janet Burgnoli Map No. 90 Lot No. 125 Prior Owner ..Barbara Ann Man~o 2. PROVISION. (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Sectia~o 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) (~cx) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons, Laws Art. ]6 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal ~ (has not) 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 .................................................................. ( ) (x) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that the existing deck for"whishi:~pp=o_~at~is.j~equested_ ~ ..... is located within 75 feet of the bulkhead. (Continue on other side) REASON FOR APPEAL Continued QiViI~1jll · sar¥ HARDSHIP because ~'~-ex~sting dwelling is located a~prox~matel¥ 47 feet from to co~truct a deck in the rear yard. ~here is ~o alternative locatio~ for the 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 this is a pre-existing house with insufficient rear yard area which would prohibit any size deck. This characteristic is not shared by .all neighboring properties. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE. CHARACTER OF THE DISTRICT~o~se several neighboring properties have similarly located decks. The existing/~v"for which approval is requested has existed for a few years and is in all respects in confomity with the character of the homes in the area. STATE OF NEW YORK ) ) ss COUNTY OF Suffolk ) Donald M. McGayhey, Esq. Attorney for ' . Applicant Sworn to this ............ ~.~ .......................... day of...Pg.~ ....................................... 1990 TOWN OF sOUTHOLD, NE'~V~ APPEAL FROM DECISION OF BUILDING INSPECTOR ¢rjC DATE ...0..c..t..o..b..e..r.. 16__~..t3.g0 TO THE ZONING BOARD OF APPEALS, TOWN OF · ~Janet Malone¥ fAa Janet Bu..r~..oli of ..qJ.g...D.g.n.i~C~..~.,..~ii~b~.,..~t.,.,..,P,.~g.,..J~.g~ 981 Name of Appellant Street and Number 1050 Youngs Avenue, Southold ...N..e_w....Y..o..r..k. .......... 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 ( ) (-) Janet Malone c/o Michael ~, ~], ~D.q, Name of Applicant for permit of 1050 Youngs Avenue Southold New York Street and Number Municipality State PERMIT TO PERMIT FOR OCCUPANCY permit to construct deck addition ,on~co'rv 30 West Lake Drive, Southold 1. LOCATION OF THE rl~.~.~r ..................................................................................................... ' & 2505 Little Peconic Bay Lane Street /Ham]et / Use District on Zoning Map .D..i..s..t.r..i..c..t...].0..0..0....S.e_c_t.].o_n....;9..0....B!~f~.~..L..0.t...2.?... Current Owner Janet Maloney fka Janet Bur&~oli Map No. 90 -Lot No. 125 Prior Owner. Barbara Arm Man~o 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 mode herewith for (please check appropriate box) (xx) A VARIANCE to the Zoning Ordinance or Zoning Mop ~( ) A VARIANCE due to lack of access (State of New York Town Law' Chap. 62 Cons. Lows Art. ]6 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal fd~m,~) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such cppeal was ( ) request for a special permit · ( ) request for a variance and was made in Appea! No ................. Dated ................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (x) A Variance to the Zoning Ordinance ( ) is requested for the reason that the existin§ deck fo~hieh,:-approv_aL~J,s.-~eq.u.e,sted -.. is located within 75 feet of the bulkhead. (Continue on other side) REASON FOR APPEAL C Continued C 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or utmeces- · sory HARDSHIP because l~-~isting dwelling is located approximately 47 feet from bulkhead. A strict .ap.p,l~cat, ion of the zoning code requiring all buildings be set back no less than 75 feet from the bulkhead would make it literally impossible to contruct a deck in the rear yard. There is no alternative location for the existing deck which is located in the rear yard and within 75 feet of the bulkhead. 2. The hardship created is UNIQUE and is not shored by all prope~ies alike in the immedia~ vicinity of this proper~ and in this use district because this is a pre-existing house with insufficient rear yardarea which would prohibit any. size deck. This characteristic is not shared by ~11 neighboring properties. 3. The Variance would obse~e the spirit of the Ordinance and WOULD NOT CHANGE THE. CHARACTER OF THE DISTRICT ~o~.se several neighboring properties have similarly · . /%~ located decks. The existing for which approval is requested has existed for a few years and is in all respects in conformity with the character of the homes in the area. STATE OF NEW YORK ) ) ss COUNTY OF Suffolk ) Donald M. McGayhey, Esq. Attorney for ' . ApPlicant 16th ........................................................ 1~0 Swom tothis .............................................. day of October TOWN OF SOUTHOLDJ~PERTY RECORD CARD ltl-lO OWNER ISTREET VILLAGE DISTRICT ACREAGE SUB. LOT S W TYPE OF BUILDING AGE NEW Farm Value Per Acre Value Tillable 1 Tillable 2 Tillable 3 Wcodland [Swampland Brushland House Plot Total Acre BUILDING CONDITION BELOW ABOVE /~o o RES. ~i~) SEAS. VL. FARM COMM. IND. C'B. MISC. LAND IMP. TOTAL DATE REMARKS / ~/~-~ Extension Ext. Walls ;/, Extension Fire Place ~ Porch Rooms 1st Floor Breezewoy Potio Rooms 2nd Flor Garage Driveway L o f- ,, / c7 , ;- AC* ,~A Y v,EW -- 30UT'HOLD, N. Y. J APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTr L. HARRIS Suporvisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 December 17, 1990 Michael J. Hall, Esq. 1050 Youngs Avenue P.O. Box 981 Southold, NY 11971 Re: Appl. No. 3983 - Janet Maloney (Variance} Dear Mr. Hall: Transmitted for your records is a copy of the determination rendered by the Board of Appeals at our December 13, 1990 Special Meeting concerning the above application. Please be sure to return to the Building Department and any other agency which may have jurisdiction for appropriate approvals. A copy of this decision has simultaneously been transmitted to the Building Department for their file and update. Yours very truly, , GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Copy of Decision to: Building Department Suffolk County Department of Planning DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE 360-5206 December 19, 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 Co~.ission 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) ~jetty 5. Copin anet ldaloney Beverly and Barry Lehr Municipal File Number(s) 3977 3983 3986 GGN:mb Very truly yours, Arthur H. Kurtz Director of Planning S/s Gerald G. New, man Chief Planner APPEALS BOARD MEMBERS Gerard P. Gnehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Ir. Telepho. ne (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTF L. HARRIS Supervisor Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ~ Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: X Variance from the Zoning Code, Articl~XIII, Section 100-239.4B Variance from Determination of Southold Town Building Inspector. Special Exception, Article , Section Special Permit Appeal No.:3983 Applicant: JANET MALONEY Location of Affected Land: 30 West Lake Drive, Southold County Tax Map Item No.: 1000- 90-1-25 Within 500 feet of: Town or Village Boundary Line X Body of Water (Bay, Sound or Estuary) ' State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Boundary of Existing or Proposed County, State or Other Recreation Area Federally Owned Land Federal Park or or COMMENTS: Applicant is requesting~xb~x approval of deck within 75' of bulkhead . 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. Copies of Town file and related documents enclosed for your review. Dated: 12/14/~0 November ~9, 1990 ph ar~ Catherir~e Barba~6' 411 Fourth Avenue East Northport, New York ll?~i NOV 2 9 1990 Mr. Johr, M. Bredemeyer I II President of the Bc, ard of* Trustees Towr, of ~outhold 53095 Main Road Southold~ New York 11971 Re: Notice r~f Hearings - Thursday, November 29, 1990 - 8:$0 p.m. - Appl ~ ~98~ - Jar, et Malor:ey Variance to the Zor~ing Ordir, ar, ce Dear Mr. Brede~0eyer: ! have co,,tatted Mr. Ma'th~w Kierr, ar~ arid Linde Kowalski ~f the Southold Town Board of Appeals by t~lephor~e this t~opnir~B, since I was un~s~ul to re.ch your ~ffice durir, g t~e week. With re~apds to the above ~ubje~t m.tt'ter, please r~ot~ that the ~e~tio~,d premises lies between our property ar, d the 76' westerly j~tty that we have beer~ ir, ~or~tact with the Board of Tpu~tee~. Th~r~ ape three low profile jetties existing or~ the ~ayfror~t, ir~ ~ro~t ~f this pre~ises New York ~tat~? Department ~f ~tate Coastal Zone Managemer~t (CZM) directly poir~ted out 'tO us ir~ 198'?, that 'the westerly jettie~ have Qpeated an adverse sub~tar~ti~l impact that traps a buil~ up of sated ar,d ~auses erosi,~n, ur, dermir, ir, g of bulkhead ar, d dar,~age to our propep~y beca,~se of t~e littoral drift. We have n~ objection 'to the deok v~ria~oe, however~ we eequest that the jetties be investigated, together with the aforementioned jet~¥, so tha~ our lor, g star~dir~g problems caused by the illegal work~ confirmed by the DEC in this area, ~r~ be re~olved. Th~ eor~cerr~ed p~erson is ~,~e widow, siw~ce remarried, of Jc, hr~ Brugnoli whr~ ~ad 't~ .jetties ir~stali~d. Our cor~err~ i~ 'not to be malicious, Kindly cor~tact us further at yo~r conver~ier~ce, regardir~g the progress o~ your ir,ves~igation that was discussed before the Board at our previous meet ir, g. Very truly yours~ Jc~ph ar, d Catherir Barbato ~c: Mathew Kiernan - Assistar~t District Attorr~ey Gmrard p. ~o~hrir~ger -- Chairman of Board of Appeals October 24, 1990 Board of Appeals Town of Southold Main Road Southold, New York 11971 Re: Variance Application (~aloney) Premises: 30 West Lake Dr. and 2505 Little Peconic Bay Lane, Southold, N.Y. SC~M~ 1000-90-1-25 Sirs/Madam: I enclose herewith a Letter of Authorization in connection with the above referenced. Please advise me if there is anything additional you need to complete this application. Very ~ul~." yours, Do~ld M .~-McGayhey DI/I~: s gm ~hc. cc: Michael J. Hall, Esq. II II 1l 11' II 11 11 I1 11 11 I1 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Gri~onis, Jr. Sergc Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765- i 809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTr L. HARRIS Supervisor Town Hall, 53095 Main Rond P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 October 31, 1990 Donald M. McGayhey, Esq. P.O. Box 981 Youngs Avenue Southold, NY 11971 Re: Appl. No. 3983 - Variance for Janet Maloney Dear Mr. McGayhey: This letter will acknowledge receipt of your application for a variance and confirm that the Board Members will be individually conducting field inspections and reviews as may be required by state and local laws during the next couple of weeks concerning your application. The public hearing on this application is expected to be held on November 29, 1990 at the Southold Town Hall, Main Road, Southold, and a copy of the notice of hearings as published in the Long Island Traveler-Watchman and the Suffolk Times will be sent to you as confirmation (~ith the exact time] in the near future, with publication in the newspapers by our office at least one week before the hearing. Yours very truly, GERARD P. ~OEHRINGER CHAIRMAN By Linda Kowalski 1 3 4 5 7 I0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 STATE OF NEW YORK : COUNTY OF SUFFOLK BOARD OF APPEALS. ~-O~,~t~ OF SOUTHOLD. REGULAR blEETING Town Hall 53095 ~qain i{oad Soutl;~o!d, 1-~e-w York November 29, 1990 8:05 P.M. 11971 BEFORE: GE~RARD P. GOEHRINGER, Hearing Officer ORIGINAL RAM Coufl Repol*tins 8et*vlee Moln gr., Rl~oi*heMl~ lq.Y., 11~01 ($1J) ~';o~1&8 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 APPEARANCES: Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Linda Kowalski o0o RAM Court Reporting 8ervlee M~ln St., RJve~heed, N.Y. 119o1 2 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 HEARING OFFICER: for the decision. 10 We will do a reinspection Thank you again for coming. (Whereupon, the above-mentioned hearing concluded at 8:15 P.M. and a brief recess was taken.) (Whereupon, after recess at 8:30 P.M., another Hearing commenced.) HEARING OFFICER: There is an appeal on behalf of Janet Maloney, Appeal Number 3983. I have a copy of a sketch of a survey reduced by Roderick Vantile, dated February 11, 1972, indicating a one and a half story frame home approximately ten feet from the north easterly property line and 33 feet, 7 inches from the bulk head, which is the ordinary water mark. The nature of this application is a 14 foot, 8 inch deck by approximately 31 feet, approximately 33 feet from the bulk head and I have a copy of the Suffolk County Tax Map indicating this and adjoining property RAM Cout~Repo~:ins 8ex*vlee 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 in the area. Is there someone heard? MR. MULCAHEY: for the record? 11 that would like to be Would you state your name approximately nine years old. My client just recently sold the property and we are obligated, at this time, to provide the new owner with a Certificate of Occupancy, otherwise we would suffer a financial hardship. For your information, I have already received a letter of nonjurisdiction from the DEC as well as a waiver from the Town of Trustees. I would like to request at this point in time your approval of this variance. HEARING OFFICER: I want to ask you; is there any indication tha~ this deck will be RAM Court Reportinf 8eFvlee the deck, which we seek a variance this evening, was constructed in 1981, so the deck is MR. MULCAHEY: Donald Mulcahey. I am the attorney for the applicant, Janet Maloney. I am available for any questions you may have with respect to this application. However, I would first like to know that 1 2 3 4 5 ? 10 11 12 13 14 15 17 18 19 2O 21 22 23 24 25 12 enclosed in anyway? MR. MULCAHEY: Not to my knowledge. HEARING OFFICER: That would be the restriction from the Board if the variance was so granted. Thank you very much. That is the only question I have. MR. MULCAHEY: Thank you. HEARING OFFICER: Is there anybody else that would like to speak in favor of this application? Is there anybody who would like to speak against the application? Are there any questions from Board members? If there are no further questions, I will make the motion to close the hearing reserving the decision until later. All those in favor say aye. BOARD MEMBERS: Aye. HEARING OFFICER: Thank you very much for coming in. Next we have an appeal on behalf of Phyllis Rayne Byer, Number 3981. I have a copy of the survey dated June 18, 1976 on behalf ~AM ~ourtRepot~in8 8e~vlee APPEALS BOARD MEMBERS Gerard P. Goehfinger, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD November S.E.9.R.A. TYPE II ACTION DECLARATION 15, 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 ]990 Appeal No. 3983 Project/Applicants: County Tax Map No. Location of Project: Janet Maloney 1000- 90-1-25 30 West Lake Drive, Southold, NY Relief Requested/Jurisdiction Before This Board in this Project: Appr0va] of deck bulkhead setback 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 ~ndicating 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. mc 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 November 15, S.S.9.R.A. TYPE II ACTION DECLARATION Appeal No. 3983 Project/Applicants: County Tax Map No. Location of Project: Janet Maloney 1000- 90-1-25 30 West Lake Drive, Southold, NY SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 J 1 990 Relief Requested/Jurisdiction Before This Board in this Project: Appr0va] of deck bulkhead setback 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. mc APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Enclosure Copies to the following on or about 11/13/90: L.I. Traveler-Watchman (delivery 11/13) Suffolk Times, Inc. (delivery 11/13) Bulletin Board (Lobby} Individual ZBA files J. Kevin McLaughlin, Esq. Mr. Herbert Lindtveit (hand-delivery 11/13) Mrs. Beverly Lehr (hand-delivery 11/13) Mr. John Scaramucci, P.O. Box 1043, 2045 Westphalia Road, Mattituck, NY 11952 (Re: Vangi) Mr. Sanford Friemann, P.O. Box 915, Cutchogue 11935 (Re: H & S) Mr. Curt Meyhoefer, 2195 Albertson La, Southold 11971 (Re: Copin) Marie Ongioni, Esq., P.O. Box 562, Greenport 11944 (Re: Copin} ~onn M. Wagner, Esq., P.O. Box 279, Riverhead 11901 (Re: Sun Oil) ald M. McGayhey, Esq., Box 981, Southold 11971 (Re: Maloney) Mrs. Phyllis Rayne Byer, Box 1161, Cutchogue 11935 Re: Milazzo: Salvator A. Caradonna, 23 W. John St., Hicksville, NY 11801 Mr. John Milazzo, 137 Kings Road, Hauppauge 11788 Mrs. Muriel Baldwin, 1045 Island View La, Greenport 11944 Philip J. Cardinale, Esq., P.O. Box W, Main Rd, Jamesport 11947 Marie Ongioni, Esq. (same as above) Mr. Victor Lessard, Principal Building Inspector Mr. Arthur G. Carlson, Box 693, Southold 11971 CE IS HEREBY ~'~;-~GIVEN, pursuant to Section ,~:267 of the Town Law and the ~. Code of the Town of Sonthdid, *"the following hearings will bc . held by the SOUTHOLD ' TOWN BOARD OF APPEALS at a Regular Meeting, at. the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, NOVEMBER 29, 1990 at the following times: 7:30 p.m. Appl. No. 3972-- PETROL STATION LTD. Hearing continued from November 1, 1990. 7:35 p.m. AppL No. 3985-- HERBERT AND CATHER- INE LINDTVEIT. Variances to ~.the Zoning Ordinance, Article i.~XXVIII, Section 100-239.4B 'and Article XXIV, Section 100-244B for proposed one- "~'story and seeond-story additions with two-foot over-hangs (can- tilevers). Portion of additions will be less than 75 feet from bulkhead along Corey Creek and will reduce both side yards to less than the minimum re- quired at 10 and 15 feet. The dwelling as exists has noncon- forming 'side yards, and the lot area and width are also noncon- forming in this R-40 Zone Dis- trict. Location of Property: 625 Windy Point Lane (Private Road ,q12), Southold, NY;' County Tax Map Parcel 1000-87-4-7. 7:40 p.m. Appl. No. 3986-- BARRY AND BEVERLY LEHR. Variance to the Zoning Ordinance, Article III, Section 100-30.2A for approval of the location of accessory building $:~ated in an area other than the required rear yard and incated within ?$ feet of the bulkhead~ along Goose Creek (a/k/a West Creek). Lot is nonconforming as to lot area and width in this R-40 Zone District. Location of Pro- perty: 15 Sun Lane, Southold; also referred to as Lots I & 2 on the Subdivision map of' "West Creek Development" filed July 6, 1937 as County File No. 1236. County Tax Map Parcel ID No. 1000-76-1-L 7:45 p.m. Appl. No. 3988-- ANTONIO VANGL ~&riance to the Zoning Ordinance, Article XXIV, Section 100-244 and Ar- ticle XXIII, Section 100-239.4, for I~ermission to construct garage addition with a setback of less than 100 feet from the top of the bluff along the Long Island Sound and with side yards at less than the required 15 feet and 20 feet. The dwelling as exists is nonconforming as to total sideyards, and the lot area and width are nonconforming in this R-40 Zone District. Loca- tion of Property: 645 Glen Court, Cutchogue, NY; Vista Bluff Map No. 5060, Lot //1; County Tax Map Parcel ID No. 1000-83-1-7. 7:55 p.m. Appl. No. 3987-- H&S ASSOCIATES by San ford Friemann. Variance to the Zon- ing Ordinance, Article X, Sec- tion 100-102 (Bulk Schedule) for approval of insufficient frontage (lot width) (as exists) along the Main Road of proposed Lot #3 and for approval of insufficient lot depth of proposed Lot #2, in this pending minor subdivision, and for approval of access ac- cording to New York Town Law, Section 280A over a private right-of-way. Zone Districts: B- General Business and Agricul- tural-Conservation. Location of Property: North Side of Main~: Road, Cutchogue, NY; County Tax Map Parcel ID No. 1000-102-2-24. Total area: 19.596 8:05 p.m. Appl. No. 3977-- BETTY J. COPIN. Continued from November 1, 1990~ 8:15 p.m. AppL No. 3788-- SUN REFINING & MARKET- lNG. Variances to the Zoning Ordinance, Article X, Section 100-102: (1) for permission to es- tablish convenience store use in conjunction with and accessory to the existing gasoline station use on this substandard parcel which contains less than 30,000 sq. ft. in lot area; (2) for inter- pretalion as to height limitation of accessory (canopy) structure, and (3) for approval of canopy structure in the front yard loca- tion. Location of Property: Cor- ' ncr of the Easterly Side of Fac- tParcel ID No. 1000-90-I.25;~ Cedar Beach Park Lot No. 123~ filed Map No. 90. ) 8:35 p.m. Appl. No. 3981 PHYLLIS RAYNE BYER. Varianc~ to the Zoning Ordi- nance, Article !II. Section 100-30A(I), as disapproved, for approval of second dwelling apartment unit, as exists. Build- lng as exists contains two dwell- ing units and retail store in this Limited Business (LB) Zone District. Lot is nonconforming as to lot area, width and depth. Location of Property: Comer of. South Side of Main Road and the East Side of Bay Avenue, Cutchogue, NY; County Tax Map Parcel ID No. 1000-85- -3-2.1. 8:45 p.m. Appl. No. 397~-- JOHN AND ROSE MILAZZO. Variances to the Zoning Ordi- nance, Article XXIII, Section 100-239.4 [a/k/a 100-239al(B)] and Article XXIV, Section 100-244B for permission to locate addition and reconstruc- tion of dwelling structure with setbacks: (a) at less than the re- quired 75 feet from the bulk- head, Co) at less than the re- quired minimum 35 ft. rear yard at its closest point, and (c) at less '~han the required 10 ft. and 15 ft. minimum side yards, (d) at less than the total side yards re- qui~d minimum of 25 feet. Existing dwelling structure is nonconforming as to the nor- therly side yard, the rear yard, and the setback from the bulk- head, Lot area and width is non- conforming in this R-40 Zone District. Location of Property: 9 Island View Lane, Greenport, .NY; County Tax Map Parcel ID No. 1000-57-2-20. 8:55 p.m. Appl. No. 3955-- DOMIN1CK SBLENDIDO & A. AURICCHIO. Interpretation requested regarding second kit- chen facilities and its relation to tory Avenue and Northerly Side of the Main Road, Mattituck, NY; County Tax Map Parcel ID 3983-- TM) . Variance ( to the Zoning Ordinance, Arti- : cie XXIII, Section 100-239.4B for approval of deck within 75 feet of bulkhead along Hog Neck Bay. Lot is nonconform- ing as to lot area in this R-40 ~[--o. 1000-142-1-27. single-family versus two-famil ~ / 8:30 p.m. Appl. NO. ~ ! JANET MALONEY. [1 to the ~'~ cie X: I ] for ap [ I feet c II . eek ~ ing as ~ Zone: ti perry: Jj 2~0~ uses, and a variance for addition with an insufficient frontyard setback. 185 Inlet Lane, G~en- port. Continued from Novem- ber 1, 1990. 9:15 p.m. Appl. No. 3975-- ARTHUR G. CARLSON. Interpretation and Variance to the Zoning Ordinance, Article ,III, Section 100-30 (as disap- proved by the Building Inspee- Zone District. Location of Pro- tor) for permission to accept · delivery of shellfish from local 30 West Lake Drive and \ ....... · , ~ waters, to shuck the shellfish, ~u~ ~.lttle Peeomc nay Lane, ~ Southold, NY: County Tax Map} and to deliver or ship the seal- lops and/o~ en~ ~ who~ s~le di~fil~ztlo~. ~--!1~ ~ ~ ~o ~ ~ f~ off- p~i~ ~um~ or ~ ~n~ ~ A~ltml* ~(~~ ~ 1~7~ ~ ~ ~ ~ C~nty ~ ~ ~n~ from N~ I, I~. ~ofAW~nt ~d~p~~ ~or ~w~ signs to ~ h~ in ~cb ofl~ ~ents Jy ilso ~ ~bmisl~ p~or ~ ~e ~nclu~on of ~e sub]~ ~ng. ~h h~nj ~11 not ~ ~fo~ the tine ~- lo~. ~tion~ ~me for ~ p~ ~11 ~ a~labl~ if n~. ~r mo~ info~a~on, ple~e ~ ~65-1~. ~ ORDER'OF THE ~OLD ~WN ~A~ OF APPEALS OE~ P. ~E~RINgER CHAI~N By Linda Ko.ski IX, 11/15/~ (30) COUNTY OF SUFFOLK SS; 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 Cour~ty; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ................... ~. ...... weeks successive!y, commencing on the ...................... Sworn to before me this ..................... day of ........... .~,~/...~ff~... .... ~ f~... Notary Public BARBARA A. ~HNEI~i~ NOTARY PUBUC, ~atl.el ~ ~ No~ Qualified in SuffMk ~ _ NOTICE OF HKARtNGS NOT~.~REE y GIVEN put. ant to Section 267 of the Town Law and the Code of the Town Southold, the foHowlng bearlngt? will be held by the SOUTHOLD TDWN lio~o oF A~SACS Regular Meeting, at the ~outhuld~ Town Hall, Main Road, Southdd, NY 11971, on THURSDAY,¥ NOVEMBER 29, 19~0 at ~e for lowing times:., 7:30 p.m. Appl. No. 3972 -=~ PETROL 5TATIDN LTD. Hearing centinued from November 1.1990. 7:35 p.m. Appl. No. 3985 HEREERT AND CATHERINE li~n 100-239.4B and ~ XX~ Sec6on 100-244B fee pmpe~d ene- .two-f'o~ over-hangs (cantilevers)+ 75 feet from bulkhead elong Oreck and will p.~'~e be~ side ymis to less than tl~ mlnlm~on mquised at 10 and 15 feet The dw~n~.~ as exists has ne~fonnlng side yards, and trier. Location of Property: 625 Windy Point Lane (Privam Road #12), Somhuld, NY; County Tax Ma~ Panel 1000-87-4-7. 7:40 p.m. AppL No. 3986 -- BARRY AND BEVERLY LEHR. Variance to the Zoning O~dinance, Aniele m, seetioa 100-30.2A for ~,,~al of the Iocatien of accessov/ building located in an area other than the required rear yard and located within 75 feex of the bulk- head ainng Gcme Creek (sMa West Ct~k). Lot is mmconfeeming as to Its area and width in this R-40 Zone District. Location of Property: 15 as Lots I & 2 on the Subdivision map of "West Cheek Develo~nem"'. Eled July 6, 1937 as County File No, 1236. County Tax Map Parcel ID No+ 1000-76-1-1. "' 7:45 p.m. Appl. No. 3988 ANTONIO VANGL V~innce to the Zoning Ordinance, Article XXIV, Seiticn 100-244 and Article XXI~ Section' I00-2~9.4, for permissien to construct gatmge addition with · set- IMck of less than 100 feet frem top of the bluff along the Long [stand Sound and with side yMds kss than tbu n~qni~d 15 f~t and 20 fe~. The dwelling as exists is non- ~f~as to toad sideyazth, and amt-wid~ are ~fon~hI in this R-40 Zone Dis- Main Road, Ox~ue, NY; Ceunty side ~ mquingl minimmn ~ ~ T~ ~ P~ ~ N~ 1~1~ f~ ~g d~g s~m is 8:05 p.m. Appl. No. 3977 ~ ; 8:15 p.m. Appl. N0. 3788 ~" ' R-40 Zone Diat~cc ~ation ~ S~ ~O & ~G. - Pmpe~Y: 9 Island View Lane, V~ m'~ ~ ~ _ ~n~, NY; C~ty T~ Map ~ X, ~ 1~1~: (1~ ~N~ 1~-2-~. ~ m ~ ~ 8~55 p.m. Appl. No. 3955 ~ *tree us~ in conjunction with and acceasmy to the existing gasoline cea which c~tains less tbs 30,000 sot/(can~/) stm~w, and O) for front yard location. Location of Property: Comer of the Easterly Side of Factory Avenue and Northerly Side of the Main Ro~d, Mgttituck, NY; County Tax Map Parcel IDNo+ 1000-142-1-27. . ~'8;30 p.m. AppL No. 3983 ~"~ JANET MALONEY. Variance to tbu Zoning Ordinance, Article XXIII, Section 100-239.4R for ~,mel of deck within 75 feet of bulkhead along Hog Neck Bay. Lot is non- et~y: 30 West Lake Dilv~ md 2505 Little Peconic Bay Lane, Soutbuld, NY; County Tax Map Panel ID No. 1000-90-1-25; Cedar Reach Park ~8:3~ p.m. ~ppl. No. $081 ~- PHYLLIS RAYNE BYER. Varisnc~ Section 100-30A(1), as for approval of second dwelling al~mment unik &s exim. Building as exists ct~talns two dwelling units and r~tail stme in this Limited Bual- ness (LB) Zinc Disuic~. Lot is non- ~ronnlng as to Io~ area. width and DOMINICK SBLENDIDO & A. AURICCHIO. Int~tpratation ~ mquemd regarding second kitchen Incilities and its reason to single- family venes two-faimly uses, and a variance fee eddifion wlth an imuffl. cient frontyard setback. 185 Inlet Lane, G~e~po~ Continued Nox~mber 1, 1990. ~-~ 905 p.m. AppL No. ~975 --,, ': ARTHUR G. CARLSON. Interpmtatlon and Variance to the lion 100-30 (as disapproved by the · ~ Building Inspector) for permission to accept delivep/of thellfuh from ~ waters, to shuck dm shellfish, and to deliver of ship the scallops and/of coaches for wbule~ak distri- '~ ~ twin-raises c~sump- ~ficn or seles. Zone District: Agti~- tmal-Cons~rvetion (AC~ Location of Property: 1575 Lower Road, cci No. 1000-6~-5-13.2. Continued Th~ Board ~r Apb-als will a~ sald Wrinen ~ may also ~ su.b- ironed l~ior to t,~e condusien of the subject hearing. Each heating wiB~k not start bufof~ the time allotted. ~ Additional tim~ for your pre- sentation will ~ available, if need- ui~LocationofPrcperty:645Gisn depth. LocatiouofPmpmy:Comer -,: ed. Feemominfofmaticn, pleasecafl Cons, Cutchngue, NY; Vista Blulf of Sonth Side of Main Rind aed th~ ' ,765-1~09. MapNo. 50fO, Lo~#1;CountyTai "East Side of Bay Avenue, / D~ed:No~mnbe~9,1~JO.' ~ Map Parcel iD No. 1000-83-1-7. ' Cutchogue, NY; County Tax map 7.-55 p.m. Ap~. No. $98'7 -- H & Par~l ID No. 1000-85-3-2. L ' · TOWN BOARD OF APPEALS S ASSOCIATES by ~.ord F~. g:,45 p.m. AppL No. ~973 -- GERAR~ R GOEHR~NGER . nuum..Va.~.n...ce tothe .Zoning Otzh-q/ ~O.HN AND ROSE MILAZZO. nance, ArtlcleX, Sectmn 100-102 ~ ~. Variances tothezonlngO~lLuance, :~ ~ByLindag_owelski (Bulk Schedule) for ~ew~el of in- ~:.Anicle XXHI, Section 100-259.4 sufficient frontage Om width) [as ~ ;{a/k/a 100-2~9d(B)} and Article ~7~~ ' exim} along the Main Rind of pm- ~;~.'~L-XXIV, Section 100-244B for per- posed Lo~ #3 and for approval of ~-~ ~-mission to locate eddition and in- ~ ~7 insufficient ~ot depth of pmpe~d X~t ~? co~stmetion of dwulEng atmcture #2, in this pending minor sub- :~ with setbacks: (a) at less than th~ .,~ division, md fof ,p~o*al of ~_,?? ~.~. ~lnh~d 75 feet from the bulklmdl~'i according to New York Town Law, '~ (b) at less than the required mini- ,~ way. Zone Disuias: B-General I~,~." ~? '~ POint, and (c) at less than tl~ m~ nets-at~ ,Ast~Ailtu~el-C. omelm~limk. ~,~luired 10 f~..and 15fl. minimum STATE OF NEW YORK} } SS: COUNTY OF SUFFOLK} Sharon Rock of Mattituck, in said County, bein9 duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the #otice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks. successively, commencin9 on the 15 day of November 1990 Principal Clerk Sworn to J~ore me this /~// FODITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STAT[ST[CS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York ! 1971 FAX (516) 765-1823 TELEPHONE (516) 765-1801 TO: FROM: DATE: RE: SOUTHOLD TOWN ZONING BOARD OF APPEALS JUDITH T. TERRY, SOUTHOLD TOWN CLERK OCTOBER 16, 1990 ZONING APPEAL NO. 3983 - JANET MALONEY Transmitted is an application for a variance submitted by Michael J. Hall for JANET MALONEY - ZONING APPEAL NO. 3983 together with a letter from Donald M. McGayhey; two pictures of bulkhead and landward area; Notice to Adjacent Property Owner; a survey map of the property; Short Environmental Assessment Form; Zoning Board of Appeal Questionnaire; a copy of Certificate of Occupancy; a copies of deeds. Southold Town Clerk October 16, 1990 Board of Appeals Town of Southold Main Road Southold, New York 11971 Re: Application for Variance Premises: 30 West Lake Dr. and 2505 Little Peconic Bay Lane, Southold, N.Y. SCTM$ 1000-90-1-25 Gentlemen: I am the attorney for Janet Maloney (formerly Janet Burgnoli), the owner/applicant in the enclosed application for a variance for the approval of an existing deck at the above premises. Pursuant to Article XXIII, Section 11-239.4B of the Southold Town Code, a variance will be required to obtain a Certificate of Occupancy for this existing deck because it is located within 75 feet of a bulkhead. Accordingly, I submit herewith the following documentation for your review: 1. Variance application (in triplicate) 2. Notice to Adjacent Property Owners Form with Proof of Mailing of Notice 3. Short Environmental Assessment Form 4. ZBA Questionaire 5. one (1) Print of Survey (without modifications) and Three (3) copies of survey showing existing deck drawn to scale Board of Appeals October 16, 1990 Page Two 6. Copy of Certificate of Occupancy 7. Copy of Current Deed 8. Dated Photographs of Bulkhead and Landward Area 9. $150.00 Filing Fee (check #1161) payable to "Southold Town Clerk" 10. Letter of Authorization to Donald M. McGayhey, Esq. as attorney for applicant (to follow) 11. Contract of Sale for Pending Sale of House It would be greatly appreciated if this matter could be scheduled for your next public meeting. Please do not hesitate to contact me if there is anything else needed to complete this applic3~ion. ~~~rs,/ / j VD-yld ~. M~ayhey DMM:sgm encs. cc: Michael J. Hall, Esq. October 17, 1990 Board of Appeals Town of Southold Main Road Southold, New York 11971 Re: Variance Application (Malone¥) Premises: 30 West Lake Dr. and 2505 Little Peconic Bay Lane, Southold, N.Y. SC~ 1000-90-1-25 sirs/Madam: Per your request this date, I enclose herewith the Notice of Disapproval issued by the Building Department. Thank you for contacting me on this. I D~ld-~. McGayhey DMM: sgm encs. cc: Michael J. Hall, Esq. C 617.21e Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR I 2. PROJECT NAME Janet Maloney (fmly Janet Burgnoli)I Malone~, deck variance ;3. I=ROJECT LOCATION: Municipality Southold County Suffolk SEQR 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) 30 West Lake Drive and 2505 Little Peconic Bay Lane Southold, New York SCTM~ 1000 Section 90 Block 01'Lot 25 5. IS PROPOSED ACTION: ~New E] Exoanslon [] Modificationlalteratlon 6. DESCRIBE PROJECT BRIEFLY: variance for the approval of existin§ deck located within 75 feet of bulkhead ?. AMOUNT OF LAND AFFECTED: Initially 4R~ Rq. ft. i~W~X Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] NO If NO, describe briefly 9. WHAT rS PRESENT LAND USE IN VIClNIIY OF PROJECT? [] Residential [] Industrial ~D Commercial [] Agriculture [] FarPJForestlOpen space [] Othe~ 10. DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGEJ~ICY (FEDERAL. STATE OR LOCAL)? ~]Yes []No Ifyes, listagency(s) andpermiUapprovals Letter of Non-Jurisdiction-NYS DEC Certificate of Occupancy-Building Department Waiver-Southold Town Trustees It. ODES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL7 [] Yes ~'NO If ye~. Iisi agency name and permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REOUIRE MOD F CATION? I CERTIFY THAT TH ORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE / If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 (Continued on reverse side) L~he N.Y.S. Enviro'nmental Qualit,, Revi of this form, and an enviro-nmental ~view~.~u~ req~lrgs submission before any action is taken. SNORT ENVIRONMENTAL ASSESSMENT FO~ INSTRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts Of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary., (c) If all questions hav~ been answered No it is likely that the project is not Significant. (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? Yes ~ NO 2. Will there be a major change to any unique or unusual land form on the site? ..__Yes X No 3. Will project alter or have a large effect on an existing body of water? ~Yes W No 4. Will project have a potentially large, impact on groundwater quality? ,__Yes X NO 5. Will project significantly effect drainage flow on adjacent sites? , - Yes ~No 6. Will project affect any threatened or endangered plant or animal species? Yes X___No 7. Will project result in a major adverse effect on air quality? Yes xNo 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? Yes XNo 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontologicak importance or any site designated as a critical environmental area by a local agency? ____Yes X____No 10. Will project have a major effect on existing or future recreational opportunities? ._._Yes ~ No i1. Will project result in major traffic problems Or cause a major effect to existing transportation ' systems? .~Yes x NO 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's Operation? __Yes X~NO 13. Will project have any impact on public health or safe=y? ~Yes ~___No 14. Will project affect the existing community by directly causing a growth in permanent popula- tion Oflore than § percent over a one-year ~Yes x,~_No period or have a major negative effect on the character of the co~m~ or neighborhood? 15. Is there p~o cO~ov~rsy concerning the ~roject? // '~/ / ' Yes X~o Preparer's Sig~~//~ka ~Janet Representing: Janet ~alone~ ( ZEA ~/75 Burgnol i QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED WITH YOUR APPLICATION FO~45 TO TIlE BOARD OF APPEALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch), to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours? 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, cDncrete barriers, decks, etc? If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground 1-~17 State total: ft. e If project is proposed for principal building or structure, is total height at more than 35 feet above average ground' level? State total: .......... ft. 7. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. 8. Are there any building permits pending on this parcel (or abutting land under your ownership, if any)? State Permit # and Nature: ' · Yes ~ Yes Yes ~ No Yes ~ Yes ~ Yes ~ Yes ~ Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning Board ~ Town Board Town Trustees W~ve~ County Health Department Village of Greenport N.Y.S.D.E.C. T~r of Non-Jurisdiction Other 10. 11. IS premises pending a sale or conveyance? If yes, please submit copy of names or pu·cchasers and conditions of sale. (from contract)see attached Is new construction proposed in the area of contours at 5 feet or less as exists? Yes ¥e$ Yes ~ No 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 requirements of Ch. 97 of the Town Code?waiver for existin~ deck 13. Please list present use or operations conducted upon the subject property at this time Residential P and propose~ sam~ ~ ~h~V~ ' lease submit~o~ographs for the record. I ~rtif.~ t~t t~e above statements are true and are being submitted re±~a~ ~R~the/Board of Appeals in considering my application. ~/~~ Donald M. McGayhey, Esq. /'~---~z~'-'~'~-- ~ Attorney for Owner Signature (i~2~x) (Authorized Agent) No for ., 1/8 8 WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 by L.L. Ns. 6-1985]: A. TIDAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with. or wifich border on, tldai waters, or lands lying beneath tidal waters, which at mcan Iow tide are covered by tidal waters to a maximum depth of 'five (5) feet. including but not limited to bank.*.. bogs. salt marsh, swamps, meadows, flaL~ or other low lying lands subject to tidal action: (2) All banks, bogs, meadows, flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following-: salt hay, black grass, ssi,worts, sea lavender, tall ecrdgrass, high bush. cattails, graandsel, marshmallow and Iow march eordgrass; ami/or (3) All land immediately adjacent to a ti,iai wetland as defined in Subsection A{2} and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. FRESI{WATER WETLANDS: (I) "Freshwater wetlands" as defined in Article 2.1. Ti- tle 1. § 2.1-0107. Subdivisions l(a) to l(d) inclusive. of the Environmental Conservatiou Law of the State of New York; and (2) Ail land immediately adjacent to a "freshwater wet- !and." as defined in Subsection B(1) and lying xvitb- m seventy-five (75) feet landward of the most land- ward edge of a "fi'eshwater wetland." 9705 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. PRE EXISTING (~-RTIFICATE OF OCCUPANCY NO Z-19431 Date OCTOBER llt 1990 THIS CERTIFIES that the building ONE FAMILY DW~.r. LING 30 NEST LAKE DR. & Location of Property 2505 LI'rr,.~- PECONIC BAY LANE House No. Street County Tax Map No. 1000 Section 90 Block I Filed Map No. Subdivision SOUT~or.~ t N. Y. Hamlet 2s Lot No. conforms substantially to the.Requirements for a Private One Family Dwelling built prior to: APRIL 9tlJ1957 pursuant to which CERTIFICATE OF OCC. #Z-19431 dated OCTOBER 11~ 1990 was issued, and conforms to all of the requir--~nts of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE FAMILY DW~T~ING * The certificate is issued to JANET MALONEY fmly JANET BRHGNOLI (owner) of the aforeqaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N-608494 - JULY 7~ 1983 PLUMBERS CERTIFICATION DATED N/A *PLEASE SEE ATTAC~.~ INSPECTION REPORT. /Building Inspector Rev. 1/81 /~ $1$nder,~ N.Y. ILT. U. Form ~1002-2-73 I~ nad Sale Deed wilh CeveeeN sgain~ C~$alor'$ Acl$- Individual or Corl~rat~on (single sheel) 4' ~ONSULT YOUR LAWYER BEFORE SIGNINC~ THIS INSTRUMENT--THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. THIS INDENTURE, madethe /~t//~dayof October nineteen hundred and eighty BETWEEN BARBARA ANN MANGO, residing at 293 Tennis Court Road, Cove Neck, New York 11771, party of the lirst part, and JOHN J. BRUGNOLI and JANET BRUGNOLI, his wife, both residing at 901 East 25th Street, New York, New York, party of the second part, wITNEssETH, that the party of the first part. in consideration of Ten Dollars and other valuable con- sideration paid by the Party of the second part. does hereby grant and release u.nto the party of the second part, the heirs or successors and assigns of the party of the second part forever,' ALL that certain plot, piece or parcel of land, with 'the buildings and improvements thereon erected, Situ- ate, lying and being llIRJ~ at Bay View in the Town of Southold, County of Suffolk and State of New York, P. nown and designated as Lot No~ 125, on a certain map entitled, "Subdivision Map, Cedar Beach Park, situated at Bay View, Southold N.Y.", and filec~ in the Office of the Clerk of the County of Suffolk on December 19, 1927 as Map No. 90. Subject to any state of facts an accurate survey or personal inspection may show. Together with Rights, covenants and restrictions in Ltber 1852 cp. 291 and reservation for utilities in Liber 1566 cp 325 and otherwise. The Premises are situate at 30 West Lake Drive, Southold,. N.Y. 11971 The party of the first part is the same person ss the Grantee, the Certified Owner herein, Barbara Ann ~ango, by deed dated: 12-13-74 recorded: 12-17-174 in Liber 7768 cp. 1~9. Ua the premises herein being conveyed, there has been executed by the party of the second part and delivered hetewith, a purchase money mort- gage in the sum of $105,000.00, which moK~age is similarly dated and was executed by the party of the second/~ ~nd for part of the consid- eration as referred to herein for which this conveyance was made. It is intended that this Deed and the Purchase Money Mortgage shall be recorded simultaneously. Dist. 1000 Sec. 090.00 · Blk. 01.00 Lot 025.000 TOGETHER with all fight, title and interest, if any, of the party of the first part of, in and to any slreets and roads abutting the above-described pr~mises to the center line~ thereof; TOGETHER'with the appur- tenances and all the estate and r~hts of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein t~ranted 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, 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 con- sideration as a trust fund to be applied first for the purpose of paying the cost of the impm*'ement and will apply the same first to the payment of the cost of the improvement before using any part o! 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 WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. 1N PRESENCE OF: to me Imown to be the individual described in and who executed the foregoing instrument, and acknowledged that s~e executed the rdmc, N( tal~. Public, Stare Gf New Yol'K NO. 30-73746L,0 Qualified In N. ssau Cot. nt~.-- STAT! OP #lW YOLK. COUNTY OF ss: On the day of l~ , 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 eorpm:atlon described in and which executed the foregoing instrume6f; 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 o[ directors of said corpora- tion, and that he signed h name thereto by like order. STATE OP NM VOi~UNTV OF On thc day of personally came 19 , before me to me known to be the individual described in and who executed the forgoing instrumcnt0 and a~nowled~e4 that executed the mme. STATE OF NIW YOl~ COUNTY OP 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 eorporntion ~bed 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 ~ so affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. WITH COVENANT AGAINST GIIANTOI'S ACTS Tfrca No. .'~,- Ba:bara Ann Hango John J. Brugnoli and Janet Brugnoli, his wife SECT,ON 090 .00 BLOCK 01.00 LOT 025.000 COUNTY OR TOWSof Southold, suffolk Cry. RET~P~q BY MAIL TO: Wayne J. Price, Esq. 1975 Hempstead Turnpike East Meadow, New York, 11554. Zil) No. ...... .... REAl- ESTA7 E SUFFOLK COUNTY Pr~m~s: WARNING: NO REPRESENTATION IS MADE THAT THIS FORM OF CONTRACT FOR ~ S,ALR AN[ PURCHASE OF REAL ESTATE COMPLIES WITH SECTION 5-702 OF THE GENERAL OBLIGATIONS ("PLAIN ENGLISH"). CONSULT YOUR LAWYER BEFORE SIGNIN~ IT. N.O~TE= FIRE .AN.D C,~.UAi~.TY .LO,SSES= T~i, contract form does not provM% for what hupm,,, in the ,van',. el are or casualty los. comte the title Clceiog. Unlem di~erent provision ia made m this eoutzact, Section of the General Obligetions Law will apply. One part o! that law makes u purchaser rreponsthle for fire and ua.unity lost upon takin~ of tide to or poesesalon of the premises. CON-rntACT OF ~ made as of the /,~ ~ day of ~ ,19 90 BLTW~.N JANET MALONe. Y, ~ormerly JANET BRUGNOLT, as surviv£n9 tenant by the entirety o~ JOHN J. BRUGNOLT, ~ho died on September 27, 1986 Addresa: 2 ?homos Dr±ye, Colchester, Vermont 05446 betelnafter called '~.I.ER", who ugse~ to se~, and JOHN L. FRANCO and JOAN FI{ANCO 21 Carman Lane, St. James, New York 1178 0 hereinafter called "PURCHASER", who agrees to buy: The property, including all buildings and improvement~ thereon (the "PREMISES") (more fully described on a separate page marked "Schedule A") and also known as: StreetAddrem. NO# West Lake Drive, Soutb~ld, New York 11971 Tax Map Designation: 1000-90-1-25 ' Together with SF-I.t.£R'S interest, if any, in streets and unpaid awards as~t forth in P~ph 9. The sale also includes .all fixtures and articles of parsonal property attached to or used in connection with thf PR,E~,lSES,,unless.apac~ficelly excluded below. S£1.LER states that they are paid for and owned by $1~.I.1~ fre~ .aaa .ctce.r.o.x .any hen other than the EXISTING MORTGAGE(S). They include but are not limited to plumbin~ heating, lighttng and cooking fixtures, bathroom and kitchen cabinets, mantels, door mirrors, venetian blinds, du,Jm sere?s, awnings, storm windows, window boxes, storm doors, mail boxes, weather vanes, flagpoh~ pump~ ._shrubbery fencing, outdoor statuary, tool sheds, dishwashers, washing machines, clothes dryers, garbage dispceal units, ranges refrigerators, f~rs, air conditioning equipment and installations, and wall to wall earpetin& and including m±crowave oven. Excluded from this sale are: Furniture and household furnishings, 1. a. The purchase price is payable as follows: On the ei?i.~; of this contract, by check subject to collection: $ 2 6, 0 0 0.0 0 By allowance for the principal amount still, unpaid on EXISTING MORTGAGE(S): $ -0- By a Purchase Money Note and Mortgage from PURCHASER (or a~igns) to S£I,!~ER: $ -O- BALANCE AT CLOSING: $ 234,000.00 1260, 000. O0 · ,, b. l.f this. s. ale is subjec, t to .an EXISTING MORTG AGE, the Purchase Money Note and Mart~e will also provide that i wm,~mm? subject t.o the prior lien of any EXISTING MORTGAGE even though the EXISTING MORTGAGE ss extended o ~oOdh~fip~ m good faith. The Purchase Money Note and Mortgage shall be drawn on the TICOR TITLE GUARANTEt ANY standard form by the attorney for SELLER. PURCHASER shall pay the mortgage recording tax, recording fee~ and the attorney's fees in the amount of $ for its preparation. c. If any required payments are made on an EXISTING MORTGAGE between now and CLOSING which reduce the unpaid principal amount of an EXISTING MORTGAGE below the amount shown in Paragraph 2, then the balance of the price payable at CLOSING will be adjusted. SELLER agrees that the amount shown in Para, apb 9 is reasonably correct and that only payments required by the EXISTING MORTGAGE will be made. d. If there is a mortgage escrow account that is maintained for the purpose of paying taxes or insurance, etc.., Sg.H.ER shall assign it to PURCHASER, if it can be assigned. In that event PURCHASER shall pay the amount in the escrow account to S£I.I.ER at CLOSING. unpmd principal amount of $ · . ~..~'.~ ~ ~_nt per year, pr~ntly Payeblo w.mce ~ .m~ude ~ri~_ ~p~ inta?t, and wi~ uny ~ of pnncipal being due end payable on · subject to the continuing lien '~ISTING MORTGAGE(S)'~ and interest at the ruts of in installments of $ as followJ: SELLFR bereby states that no EXISTING .MO?,TGAGE contains any provision that permits the holder of the mnstgagr to raquire its immediute payment m luu or to change any other tsrm thereof by reason of the fact of CLOSING. 3. All money payable under this contract, unless otherwise speeified, sludl be either: u. C.~ but not over one thousand (Sl,000.00) Delhm, · b. Good .certified cheek of PURCHASER, or official check of any bank, savings bank, trust company, or savings and loan assocuition having a banking office in the Stats of New York, payable to the order of SELLER, or to the order of PURCHASER and duly endorsed by PURCHASER (if an individual) to the order of SELLER in the presence of SEIJ.ER or S~[.T.I:~R'S attorney. e. Money other then the purchase price, payable to SELLER ut CLOSING, may be by cheek of PURCHASER up to the amount of Pi. ye I-Alr~lrecl ar~ 00/].00 ............ ($ 500.00 ) dollam, or & A~ otherwise agreed to in writing by SI~J~LER or SELLER'S attorney. 4. The PREMISES are to be trunsferred subject to: a. L~,ws.and governmental regulations that affect the use and maintenance of the PREMISES, provided that they am not woletsd by tho buildings and improvements ereetsd on thc PREMISES. b. Coeacots for the erection of any structures on, under or above any streets on which the PREMISES abut. c. Encroachments of stoOl~, are~, cellar steps, trim and cornices, if any, upon any street or highway. 5. SELLER shall give and PURCHASER shall accept such title as TICOR TITLE GUARANTEE COMPANY ce~ any re[~. ~al:t. e tJ.t].e conF,_ rl~/li be willing to approve and insure in accordance with the standard form of title policy approved by the New Yom Stats Insurance Department, subject only to the matters provided for in this contract. 6. "CLOSING" means the settlement of the obligations of SELLER and PURCHASER to each other under tl~ I ~'* /'.~ o. ~U.~2rlI~L-S A'"3;S deed ~n · so ns to transfer full ownerebio (fee simnle tifle~ · .I. uoL'.~ ....... proper statutory form for reeordeng ...... .= u~ ~.s con.men a. covenant ny o~,I~P..K as reqmred by Section 13 of the Lien Law. P If SELLER is a corporatron, et will deliver to PURCHASER at the time of CLOSING (a) a resolution of its Board of Directors authorizing the sale and delivery of the deed, and (b) a certificats by the Secretary or Assistant Secretary of the corporation certifying such resolution and setting forth facts showing that the transfer is in c_.o_n.~_o.._r~ity _w_.i~ the.~ .requiremco~..? Seetio.n 909 .of the Business Corporation Law. The deed in such case shell 7. CLOSING will t~e phme ut the office of M~.¢h~e]. 3. H~'I].~ E$cl.~ ~050 Youn~s Avenue, Sou~:ho].d, New York ut ~.0: 0Oa(~'ukek on or al:ou~: $~)tenJ~er 2]. ,19 90 8, PURCHASER hereby states that PURCHASER h~ not dealt with any broker in connection with this sale other than M~r~.on ~ Rea~.t¥ (Ca~. A2st.i.n) $1~,000.00 and Sk~fJ-ER q~.re to pay the broker the commission earned thereby (pursuant to separate agreement). ~_?his ale inc~ludes eH of ?~..T..I~R'S ownershi~p..and rights, if any, in any land lying in thc bed of any street or Snway, openea or propceeu, m 1rant of or adjomins the PREMISES to the center line thereof. It also includes any right of SELl.ER to any unpaid award by reason of any taking by condemnation and/or for any damage to the PREMISES by reason ofchange of grade of any Street OF highway. SELLER will deliver at no additional cost 10. SELLER agrees to deliver to PURCHASER at CLOSING a certificate dated not more than thirty (30) days before CLOSING signed by. thc holder of each EXISTING MORTGAGE, in form for recording, certifying the amount of the unpaid princepul and intsrezt, date of maturity, and rate of interest. SELLER shall pay the fees for recording such certi.ficats. If. the holder of a mortgage is a bank or other institution as defined in Seeti.on 274-u, Real Property Law, it may, mate. ad of the certificate, furnish an unqualified lettsr dated not more than thirty (30) de.~,s before CLOSING con?ining the same information. SELLER hereby states that any EXISTING MORTGAGE wm not be in default at the time of CLOSING. 11. a. $1~IJ-I~-R will comply with ali notes or notices of violations of law or municipal ordinances, orders or requirements noted in or issued by any governmental department having authority as to lands, housing, buildings, fire, health and labor conditions affecting the PREMISES at the dats hereof. The PREMISES shall be transferred free of .the? at CLOSING and this provision shall survive CLOSING. SEIJ.ER shall furnish PURCHASER with any aumonsations neee~ary to make the searches that could disclose these matters. b. All obligations affecting the PR,EM, ISES, incurred pursuant to the Administrative Code of the City of New York. prior to CLOSING end payable in money shall be discharged by SELLER at CLOSING. This provision ~h,,!l surwve CLOSING. · al~ulf~ ?_.._t~n_'_ti~_.~ of ~CL.,OSI~ G..fl2 P,~.IS.F~., are a.~.ertsd b? an as~szm.ent which is or may become payable in all the un ' · p , then for thc pur sez of thm contract pa~d installments shall be conmdered due and are to be uaid bv SELLER at RIDER ATTACHED TO AND FORMING PART OF CONTRACT OF SALE BETWEEN' JANET MALONEY, AS SELLER, and, JOHN L. FRARCO and JOAN FRANCO, AS PURCHASERS IT IS EXPRESSLY UNDERSTOOD that the sellers have not made and do not make any representations as to the physical condition, operation or any other matter relating to the aforesaid premises, and it is not bound by any statement, representations or information that may have been made to the purchasers by anyone, pertaining to the premises herein unless specifically set forth herein. The purc~asers hereby acknowledge that no such representations have Peen made and they have personally made a thorough inspection of the premises, are familiar personally with the condition of same and agree to accept same in their present cond%tion ~'a~. is'% less fair wear and tear., except that plumbing, heatlng,/~~Srical systems shall be in working order at the ti~ ~_c~osing,~a~/-_ thc ~^~ r~ ~ ~_~ ~ ~_ DELIVERY OF DEED: It is specifically 'understood and agreed that the acceptance of the deed by the purchaser shall constitute and be deemed and considered full compliance by'the seller of all of the terms and conditions of this contract on the part of the seller to be performed; and it is further expressly agreed that none of the provisions of this contract shall survive the delivery and acceptance of the deed, except insofar as may herein otherwise be expressly and specifically provided, or except as may be otherwise agreed upon by the seller in writing at closing of title. SUBJECT TO CLAUSE: Subject to any state of facts an accurate survey may show and to covenants, agreements, restrictions and utility easements of record, if any, and to zoning ordinances, restrictions of the city, village or town in which the premises are situated, in effect, now or at the date of the closing of title. However, purchaser shall not be required to take title if such state of facts shall render the title unmarketable, or if said covenants, agreements, restrictions, and utility easements shall prohibit or restrict the use or maintenance of the structure erected on said premises. CONTRACT DEPOSIT: ~he down payment hereunder shall be held in escrow by Michael J. Hall, Esq., the attorney for the seller, as escrow agent until closing of title which amount is to be applied to the purchase price. The escrow agent shall not be required in any way to determine the validity of any notice or any other document delivered or required to be delivered hereunder. The escrow agent shall not be responsible to any of the parties hereto for any action or failure to act, unless such action demonstrates bad faith. The purchaser and the seller hereby authorize the escrow agent, in the event they become involved in any litigation by reason of the Contract of Sale, to deposit it ~~h_th~ C{e~ of the Court in which such litigation is pending, I Zunas ae~lvered to the escrow agent hereund~? and thereupon the escrow agent shall be fully relieved and discharged of an~ further responsibility hereunder. In addition, the escrow agent is hereby authorized, in the event he is threatened with litigation, to interplead all interested parties in any court of competent jurisdiction and to deposit with the clerk of such court, all funds deposited with %t hereunder and thereupon the escrow ~ent _~{{_b~ full~ relieved and discharged of any further responmaDzzl=y hereunder. The escrow agent shall have no duty to ~nvest any.of the funds deposited with him hereund,~ e responsible for any action or failure -~ or failure to act dem ........ to ___, ........ ~ ..... ~on ons~ra=es Da~ ~alth. In the event that the escrow agent is directed to deposit said contract deposit into an IOLA Fund, as more fully set forth by the laws of the State of New York, then in that event, the above paragraph shall be of no force and effect and the escrowee is hereby authorized to deposit said funds pursuant to said law. Any and all interest earned shall be Paid to the party entitled to the down payment. OBJECTIONS IN TITLE: The purchaser agrees to deliver to the seller's attorney, at '~east ten (10) days before the date set for the closing of title, a statement of any alleged defects, encumbrances or objections to title, except those subject to ~hich by the terms of this agreement, the premises are ~o be conveyed or which may be expressly waived herein. At seller's request, seller shall bo given a reasonable adjournment of the closing to permit seller to endeavor to eliminate such defects, encumbrances, or objections. If the seller is unable to eliminate such defects, encumbrances or objections, then the purchaser may either (a) accept title subject to such objections, defects or encumbrances without any abatement in the purchase price and without any claim for damages; (b) reject title, in which latter event seller shall return to purchaser, all money paid hereunder, together with the net title company fees as actually charged plus survey and thereupon, this agreement shall be null and void without further liability of either party to the other. SELLER'S OBLIGATION TO CURE DEFECTS OR OBJECTIONS: If the seller should be unable to convey a good and marketable title subject to and in accordance with this agreement, the sole obligation of the seller shall be to refund the purchaser's down payment made hereunder and to reimburse the purchaser for the cost 'of title examination, plus survey, if any, and upon making such refund and reimbursement, this agreement shall wholly cease and terminate and neither party shall have any further claim against the other, by reason of this agreement and the lien, if any, of the purchaser against the premises shall holly cease. The seller shall not be required to bring any action or proceeding or otherwise incur any expense to render to title to the "~~emises marketable. The purchaser may, nevertheless, accept such tit1? as the. seller may be able to convey, without reduction of the pUrChase prxce or an allow · · . y . ance or credxt a a nst without any other 1lability on the ~art .... g ~. the same and v~ ~fle seller. The term "cost of title examination- is defined for the purpose of the agreement, as the expense actually incurred by the purchaser for title examination, in no event, however, to exceed the net amount charged for title examination of the property without issuance of policy. NOTICES: Any notices to be given under this contract may be given by or to the respective attorneys: Seller: Michael J. Hall, Esq. 1050 Youngs Avenue Southold, New York 11971 PUrchaser= Peter Costigan, Esq. 105 Main Street : Port Jefferson, New York' 11777 ASSIGNMENT: This contract shall not be ~ssigned by the purchaser without the written consent of the seller. FOREIGN PERSON= (a) Seller represents that he ~s not a foreign person within the definition of Section 1445A of the Internal Revenue Code entitled "Withholding of TaX on Dispositions of U.S. Real Property Interests., and agrees to deliver at closing an affidavit stating under penalty of perjury the transferor,s U.S. taxpayer,s identification number and that transferor is not a foreign person. (b) Parties shall set forth their respective Social Security (TIN) numbers opposite their signatures at the end of this agreement, to facilitate compliance with Section 1521 of the Tax Reform Act of 1986, and shall execute at closing the title company form of report. CAPITAL GAINS TAX EXEMPTION: (a) The parties agree to execute any documents required in connection with exemption of the transaction from New York State Real Property Gains Tax, and if any tax be due, to furnish a portion of the monies due at closing in form acceptable to the County Clerk for the payment, of same. Seller shall be responsible and pay for any such tax which may be found due. (b) This contract may not be assigned so as to avoid reapplication requirements of the above. CAPITAL GAINS TAX: (a) Purchaser and seller agree to comply timely with the requirements of Article 31-B of the New York Tax Law and all regulations of the Department of Taxation and Finance ("State Tax Commission-) applicable thereto (collectively, ~Ga.ins Tax .Law") in good .faith and in such manner as to avoid any // postponement of the closing as herein provided, of the recording of the deed to be delivered at the closing. (b) Purchaser agrees to execute and deliver to seller, if applicable, a Transferee Questionnaire showing the full consideration to be paid to seller by purchaser. THE PURCHASER, at its own cost and expense, shall have the right to have the premises inspected for active infestation or damage by wood-destroying insects and to have any well water analyzed for potability. Such inspections shall be made by a reputable company within twenty (20) days from the date a fully signed copy of this contract is post-marked to the purchaser's attorney. In the event said inspections reveal active infestation and/or damage by such insects or contaminants in excess of the New York State limits for potable water, the Purchaser will deliver to the Seller, post-marked within ten (10) days of such inspection, a statement by the inspection company setting forth the nature and extent of the condition or damage and an estimate as to the cost to exterminate the insects, repair any damage,' and/or reduce contaminants to potable limits. The Seller, upon receipt of such statement, shall have the warranty customarily given by the company doing the work. If the seller refuses to have such services performed, the seller shall notify, the purchaser and the purchaser shall have the right to cancel this contract and obtain a ~efund of the down payment. The purchaser may, in the a~ternative, elect to waive these conditions and continue with the contract. If the purchaser shall fail to conduct timely inspections or fail to serve timely notice, the provisions of this paragraph shall be deemed waived and the purchaser, at its own cost and expense, shall be solely responsible to provide any termite or water certificates as may be required by any mortgagee or insurer of the mortgage. CERTIFICATE OF OCCUPANCY: Seller shall furnish a Certificate of Occupancy or equivalent thereto covering all structures presently on the premises requiring same. In the event that a current survey is required by the municipality in order to obtain said Certificate of Occupancy or equivalent, it shall be the responsibility of the purchaser to provide-such survey at purchaser's cost and expense. In the event of the inability of the seller to convey title pursuant to the terms of the contract, the seller shall reimburse the purchaser for the cost of the aforementioned survey. CONFLICT BETWEEN RIDER AND PRINTED FORM: In the event Of any conflict between the provisions of the printed form Agreement and this Rider, the provisions of this Rider shall be paramount and prevail. PROPERTY ASSOCIATION: Seller agrees to pay all dues and charges which may be owed to any property owners association or similar organization pro-rated to the date of the closing. SCHEDULE A -- Description ALL that certain plot, piece or parcel of land, situate, lyinQ and being at Bay View in the Town of Southold, County of Suffolk and State of New York, known and designated as Lot No. 125, on a certain map entitled, "~ubdivision Map, Cedar Beach Park, situated at Bay View, Southold, N.Y.", and filed in the Office of the Clerk of the County of Suffolk on December 19, 1927 as Map No. Water Mstor U~ oJ Purclm,~ Price ge Tests: °ff m~rty : Clmnges ' PAth ,.,. ,~ suuuwmg am m ne apporuonea as ot midnight of the day before CLOSING: .(al Rents as and when coiled. (b) Interest on EXISTING MORTGAG~Ill). (c) Premiums on existin transferable insurance licies and % of those ex ' ' ' g ., __~o , · s~nd .re~s, . p~mg prior to CLOSING...~ Taxes. water charges and sewer rents. any. --~ -~ ,u, u~ precemng pesos appuen to me rsrest a~e~co yamation. .An)* errors or ombmions in computing apportionments at CLOSING shall be corrected. This provision droll 14. If there be a water meter on the PREMISES, SELLER shall furnish a reading to u date not more than thirty (30) days before CL.O. SIN(~ data and the unfixed meter charge and sewer rent, if any, shall be apportioned on the basis of such last rce,]mg~ 15. $b'~.Y/.ER has the option to credit. PURCH.ASER as an adjustment of the purchese price with the amount of any unpaid taxes, assessments, water cflarges cna sewer rents, together with any interest and penalties thereon to a p~rro~t~ia~ ~d~e~.5) bmdn. days after CLOSING, provided that official bilis therefor computed to said data are 16. If there is anything else affecting the sale which SELLER is obligated to pay and discharge et CLOSING, SglJ.ER may use an), portion of the balance of the purchase price to discharge it. As an alternative SELLER may deposit roG. ney with the title insurance company employed by PURCHASER and required by it to assure its discharge; but only if the title insurance company will insure PURCHASER'S title clear of the matter o- i.~. enforcement out of the PREMISES. Upon request, made within , reasonable time before CLOSING*. agreas to provide separate certified checks as requested to assist in c]esring up these matters. 17. If n tide wr~m~nafion dJeclasec judgments, hankrupt~ies or other returns against persons having name~ .the same as or similar to that of SELLER, SELLER shall deliver a satisfactory detailed affidavit at CLOSING showing that they are not against $F].LER. . ~.~ At CLOSING, SI~I.LER shall deliver a certi~ed check payable to the order of the appropriate State, City or untO. o~cer in the mount of any applicable transfer and/or recording tax payable by reason of the delivery or recording of the deed, together with an)' required tax return. PURCHASER agrees to duly complete the tax return and to cause the cheek(s) and thc tax return to be delivered to the appropriate officer prompsly after CLOSING. 19. Ali money paid on account of this contract, and the reasonable expenses o~ examination of the title to the PR, EMI,S,ES and of any survey and survey inspeetiou charges are hereby made liens on the PRE~IiISES and ~0[~ Of the P~'.,MISES. Such liens shall not continue after defsult in performance Of the contra, 20. If Sk'~.l.i;~. is unable to transfer title to PURCHASER in accordance with this contract, SELLER's sole liability shall be to refund all money paid on account of this contract, pins all charges made for: (il examining the tide, (ii) any appropriate additional searches made in accordance with this contract, and (iii) survey and survey inspection charges. Upon such refund and payment this contract shall be considered cancelled, and neither SELLER nor PURCHASER shall have any further rights against the other. 21. PURCHASER has inspected the ha?dings .on the PREMISES and the personal property included in this as~e and is thoroughly acquainted with their condition. PURCHASER agrees to purchase them "as is" and in their present condition subject to reasonable use, wear, tear, and natural deterioration between now and CLOSING. PURCHASER shall have the right, after reaecnable notice to SELLER, to inspect them before CLOSING. 22. All prior understandings and agreements between SELLER and PURCHASER are merged in this contract. It completely expresses their full agrasmeht. It has been entered into after full investigation, neither party relying upon any statements made by anyone else that is not set forth in this contract. 23. This contract may not be changed or cancelled except in writing. The contract shall also apply to and bind the distrthuteee, heirs, executors, administrators, successors and assisns of the respective parties. Each of the parties hereby authorize their attorneys to agree in writing to any changes in dates and time periods provided for in ~ contract. 24. Any singular word or term herein shall also be read as in the plural whenever the sense of this contract may require it. SEE ATTACHED RIDER AND SCHEDULE A JC ~ FRANCO I JAN]~T MALONEY ~' sOCIAL SECURITY NUMBER SOCIAL SECURITY NUMBER SOCIAL SECURITY NUMBER OVER § 100-243 SOUTHOLD CODE § 100-244 § 100-243. Nonconforming buildings with nonconforming ~ A. A nonconforming building containing a nonconforming use shall not be enlarged, reconstructed or structurally altered or moved unless the use of such building is changed to a conforming use. B. A nonconforming building Containing a nonConforming use which has been damaged by fire or other causes to the extent of more than fifty percent (50%) of its fair value shall not be repaired or rebuilt unless the use of such building is changed to a conforming use. § 100-244. Nonconforming Io~. A. This subsection is intended to provide minimum standards for granting of a building permit for lots made nonconforming or continued in a state of nonconformance by the adoption of this Article and that were singly and separately owned as of the effective date of this Article. B. A nonconforming lot separately owned and not ad~_ining any lot or land in the same ownership at the effective date of this Article and not adjoining any lot or land in the same ownership at any time subsequent to such date ma~y be used, or a building or structure may be erected on such lot for use, in accordance with all the other applicable provisions of this chapter, provided that proof of such separate ownership is submitted in the form of an abstract of title showing the changes of title to said lot, which abstract shall be i~ the usual form, shall be certified by an attorney or a company regularly doing such work in Suffolk County or by a corporation duly licensed to examine and ensure title to real property in Suffolk County and shall contain a cortification that no contiguous property was owned by an owner of the property involved since the date of any previously applicable Zoning Law. Such lot shall be granted relief for front side and rear yard dimensions as follows: 10144 s- 2~- ss § 100-244 ZONING § 100-250 than 2~o 8O 100 ~ 15 25 ~ C. In the ease of single and separate ownership of a nonconform- ing lot located in a subdivision plat, approved after April 0, 1057, by the Planning Board of the Town of 8outhold and filed with the County Clerk of Suffolk County, relief for all front, side and rear yard and area dimensioas shall be granted to the extent that saeh front, side and rear yard and area dimensions were required at the time the map was originally fii"ed with the County Clerk of Suffolk County. § 100-245. Repairs and maintenance. Notwithstanding any of the foregoing regulations, nothing in this Article shall be deemed to prevent normal maintenance and repair of any building or the carrying out upon the issuance of a building permit of m~jor structural alterations or demolitions necessary in the interest of public safety. § 100-246. Involuntary movez. Sections 100-241A and B and § 100-243A herein are not i~tended to apply to involuntary movements of uses or structures as a!result of condemnation actions or other litigation. · ARTICLE XXV Site Plan Approval [Added 1-10-89 by hh Nb 1-1989; amended 5-23-89 by L.L. No. 9-1989] § 100-250. Applicability. ~, This Article shall apply to every land use that is permitted in the Town of Southold except the single-family home use on a single and 10145 ?- 25- s~ A--C BOARD OF APPEALS, TOWN OF SOUTHOLD In the Mat[er or the Petition of Janet Maloney f/k/a Janet Burgnoli to the Board of Appeals of the Town of Soulhold TO: Dolores Holman Mr. and Mrs. Joseph F. Zevits Clyde G. Bailey NOTICE TO ADJACENT PROPERTY OWNE~~ ~" YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of [tie undersigned to petition the Board of Appeals of the Town of Sou[hold to request a (Variance) (Special Exception) (Special Permit) (Other) [circle choice] Variance , 1. 2. That the property which is the subiect of the Petition is located adiacent to your property and is des- cribed as follows: 30 West Lake Drive & 2505 Little Peconic Bay Lane, Southold, New York Suffolk County Tax Map No. District i000 Section 90 Block 1 Lot 25 3. That the property which is the subject of such Petition is located in the following zoning district: District R-40 4 That b~ such Petition, [he undersigned will request tile following relief: variance fo~ approval of existing deck located within 75' of bulkhead $. That the provisions of the Sou[hold Town Zoning Code applicable t? the relief sought by the'under. signed are Article XXIII Sect/on 100-239.4B [_] Section 280-A, New York Town Law for approva] of access over right(s)-of-way.~ 6. 'fha[ within five days from [he dale hereof, a written Petition requesting the relief specified above will be filed in the Sou[hold Town Clerk's Office at Main Road, Sou[hold, New York and you ma), then and there examine the same during regular office hours. (516) 76S-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 T~mes and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Sou[hold 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: 0ct'ober 15~ 1990 Janet Maloney f/k/a Janet Burgnoli Petitioner Owners'Names: same as above Po~t Office Address ~ '"' c/o Donald M. McGayhe~, ~sq. P.O. 981, Youngs Avenue, Southold, N. Y. 11971 Tel. No. (516 ) 765-1411 [Copy of sketch or plan showing proposal to beJ'JJ~l~mm~ convenience purposes. ] NAME ~.ROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Dolores Holman Mr. and Mrs. Joseph F. Zevits Clyde G. Bailey 114-20 Queens Blvd., Forest Hills, N.Y. 11375 2470 Rosset Street, Fort Lee, N.J. 07024 P.O. Box 784, Lancaster, CA 93534 P 676 973 336 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Sent to Mr.&Mrs.Joseph F. Zevi' tr nd No. P.O., State and ZIP Code Fort Lee, NJ 07024 Postage $ .25 Certified Fee · 85 Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to whom and Date Delivered Return~recei horn, Date, a~~~ 1.1 0 Posti ~ or Da_t~i~ ~' · STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: P 676 973 335 iCEIPT FOR CERTIFIED MAIL · I0 INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) to Dlores Holman ~n_d~% Queens Blvd. State and ZiP Code orest Hills, NY 113 age $ .25 ified Fee · 8 5 cial Delivery Fee Iricted Delivery Fee ~rn Receipt Showing ~hom and Date Detivered whom, p 329..~.....2~25 547 REcEiPT FOR cERTIFIEO MAIL Donald M. McGayhey, Esq. ,residing at 1050 Youngs Ave,, S0u~hold, New~o~k , being duly sworn, deposes and says that on the ,/_~ ~*--- day of ~?~.~'¥ 4f~'~' , 19,~:~,'~_~, deponent mailed a t rue copyof the N°tice set f°rth 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~L~ited States Post fice at Southold, New York _ ; that sa~ach~f said persons by (certifie-~' ~ Sworn to before me this day of October ,19 90 (This side does not have to be completed on form transmitted property owners.) to adjoining