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HomeMy WebLinkAbout3821 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTblENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL /. ~..~.1..~. ~..'.~..~...~.. .............. .~...~..~.~...~ :~:... !!.9.~.~ PLEASE TAKE NOTICE that your application dated .~ ~ ~ 19 ~ ~ for pe~it to ~' '~:~ ~.~-~~ .................... at Location of Property ........ ~~... ~: ~.-.~: .~.~. ~ .... ~~ House No. Str&~ ~ .... lh~/e~ County Tax Map No. 1000 Section .............. Block .............. Lot .............. Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds., . .04~... '..~.,, .Z................~ . .~..~..J .~..~.}./~.l._ ~~--~--'-~->?--5..~..-~.-~)~.... ~.. .>..~..'.~....~.. ~~...~.... 5...%...~: .............................. Building Inspector RV 1/80 TOWN OF SOUTHOLD, NEW YORK APPE. AL FROM DECISION OF BUILDING INSPECTOR NO. 95 / DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We)..E..n.T..C...°..n...s..u..1...t..a...n..t.~s.,.....I..n...c.:. ............... of ..1..$..2..9.....N..o.~.~.h...$.~.~..~.Q~..d.......~;~:..; ................. Name of Appellant Street and Number ................. ?..o.u..,~..h.~..m.?...~..o..~,. ................................................... ~.,e..w....?...o.~..k. ...... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..O...c..t..o...b..e...~....6..,....~..9...8..8. ................. WHEREBY THE BUILDING INSPECTOR DENIED TO (x) ( ) Stanley Wernick Name of Applicant for permit of ..... .................... .q.e., .................... .............. Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY ..................................................................................................... Street /Hamlet / Use District on Zoning Mop District 1000 Section 072Blockl LotP/o ~Z . ................................................................................. ~urren~ 0wlqer Stanley ~ern±ak Mop No. Lot No. Pri o~ Owner 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 Do not quote the Ordinance.)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 xI Section 100-119.2 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (×) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Low Chop. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal ~) (has not) been mode with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for o special permit ( ) request for o variance and was made in Appeal No ................................. Doted ...................................................................... REASON FOR APPEAL ) A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ) ~s requested for the reason that pool and surrounding from crest of bluff. deck will be within 100' ~orm zBi (Continue on other side) REASON FOR APPEAL Continued .. 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because Adherence to 100' setback from top of bluff would force pool/deck to be considerably landward than existing deck and house. A cesspool west of the house would interfere with swimming pool if it had to be 100'. This would entail considerably further expense and problems in re-locating cess- pool to a currently-conforming location. 2. The hardshipcreotedis UNIQUEond isnotshared by all properties alike in the immediate vicinity ofthisproperty and in this use district because the trapezoidal shape of the lot and the diagonal orientation of the bluff limit usable area of this parcel which others do not suffer due to different orientation of r.o.w. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because a pool in the location shown would not visibly or physically intrude. STATE OF NEW YORK ) COUNTY OF ~L,'I~J_) of Sworn to this .......................... :....7 ............. doy 19 OWNER FORMER LAND IMP. Tillable Woodland Meadowland ~oc> / Hous~ Plot Total TOWN OF $OUTHOLD PROPERTY RECORD CARD~ STREET S DATE ~-/~/?/ VILLAGE ~, SUB. W CODE /. LOT DATE OF CONSTRUCTli REMARKS FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH ~ BULKHEAD Extensio~n / ~-l, Exten~o~' E r~ xtens~ Porch - 5'/-g = q~ J Found~ion Basement Ext. Walls Fire Place Driveway Pool Attic '- · Patio Rooms 1st Floor Bath · Floors I nterior Finish Heat Rooms 2nd Floor TOWN OF SOUTHOLD P!K)PEILI'Y RECORD CARD OWNER STRErr VILLAGE DIST. SUB. LOT' ~ W CODE DATE OF CONSTRUCTION LAND" IMP. TOTAL DATE ~11~1, FRONTAGE ~ WATEF W~ FRONTA~ ffi ROAD , ~'. :L ~/, ~ P~ BUSHED , I Extension /& x-?- ~ ~ ~ ~' :' ~ ~ , Ba~ment I Floors ~, ~,~ ~' - ' ~ .~;~ ~ ~ ~;"~ Fire PI~ Heat ~ Porch P~I A. ic Deck ~ /~ ~Z~; ~;7 ~ p~ RoOms 1~ FIo~ ~ ay ~ ~ ? ; ''~ ~ ~:~d , ~ / ~ ~ Driv~ay Rooms 2~ Floor O.B. Southold MAIN ROAD- STATE ROAD 25 Town Board of Appeals SOUTHOLD, L.I., N.Y. llCJ'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. February 3, 1989 Mr. Roy L. Haje 1329 North Sea Road Southampton, NY 11968 Re: Construction within 100 Feet of the Bluff Application under Section 100-119.2 (Wernick #3821) Dear Mr. Haje: Of recent date the Town is effectuating the new Master (Zoning) Plan Update. Article XI, Section 100-119.2 was not included in the Zoning Update and therefore this Department does not have jurisdiction at this time under Section 100-119.2. We are providing the Building Inspector's Office with a copy of this letter, and suggest that you or your builder follow-up with your pending Building Permit application with their office. Please be aware that this position is subject to change if you are not able to obtain your building permit and start construction, pursuant to the appropriate permits, subsequent to additional amendments of the zoning laws. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN lk Enclosures cc: Building Inspector's Office Mr. Thomas J. Fisher, Building Inspector Town Attorney's Office Mr. and Mrs. Stanley Wernick~/ Southold Town Board of Appeals ~ TELEPHONE (5'16) 765-1809 APPEALSBOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAW[CKI JAMES DINIZIO, JR. February 3, 1989 Mr. Roy L. Haje 1329 North Sea Road Southampton, NY 11968 Re: Construction within 100 Feet of the Bluff Application under Section 100-119.2 (Wernick #3821) Dear Mr. Haje: Of recent date the Town is effectuating the new Master (Zoning) Plan Update. Article XI, Section 100-119.2 was not included in the Zoning Update and therefore this Department does not have jurisdiction at this time under Section 100-119.2. We are providing the Building Inspector's Office with a copy of this letter, and suggest that you or your builder follow-up with your pending Building Permit application with their office. Please be aware that this position is subject to change if you are not able to obtain your building permit and start construction, pursuant to the appropriate permits, subsequent to additional amendments of the zoning laws. Yours very truly, GERARD p. GOEHRINGER lk CHAIRMAN Enclosures cc: Building Inspector's Office Mr. Thomas J. Fisher, Building Inspector Town Attorney's Office Mr. and Mrs. Stanley Wernick ZONING BOARD OF APPEALS/~//-.',//z~) ~ TOWN Of SOUTHOLD . , BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of Stanley Wernick to the 8oard of Appeals of the Town of Southold TO: Mr. Roger Vorce 40 East 54th Street, Apt. 12J New York, New York 10022 NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appea~s of the Town of 5outhold to requesta (Variance) (Special Exception) (Special Permit Other) [circle choice] 2. That the property which is the subiect of the Petition is located adjacent to your property and is des- cribed as follows: Bax~er's r.o.w, off Oreqon Road (Cutchoquer SCTM No. 1000-072-1-p/o 1 3. That the property which is the subject of such Petition is located in the following zonin~ district: Residential-Agricultural 2 acre 4. That by such Petition, the undersigned will request the following relief: Variance from 100' setback. $. That the provisions of the 5outhold Town ;Zoning Code applicable to the relief sought by the under- signed arc A~ticle X1 Section 100-119-2 [ ] Section 280-A, New York Town Law for approval of access over right(s)-of~way. 6. That within five days from the date hcreof;~a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler. Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing, ti Dated: December 22~ 1988 - Petitioner Roy L. Haje Owners'Names: Stanley Wernick Post Office Address 1329 North Sea Road Southampton, New York 11968 Tel. No. (516 ) 283-6360 to be attached for convenience [Copy of sketch or plan showing proposal purposes.] PROOF OF MAII, IN~ OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAM~ ADDRESS RECEIPT FOR CERTIFIED MAIL NOT FOR INTERNAT!ONAL L~AIL (See Reverse) ;TATEOFNEW YORK COUNTY OF SUFFOLK SS.: doing business Roy L. HaLe ,~e/s~d~/g/at 1329 North Sea Road, Southampton~ New York 11968 , being duly sworn, deposes and says that on the __ day of ,19 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above.named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at Southampton~ NY ;that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to be, fore me this day of /' [,} ?J' / ~,', {;!L! ~-/ KAY M. OOUGHERTY ~t NOTARY PUBLIC. State 0f New York No, 01D0690i601, Suffolk County .: Term Exmres July 20, /~]' ~' L (This side does not have to be completed on form transmitted to adjoining property owners,) JUDITH T. TERRY OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Dated: ~ /'~j ??~ ~ Transmitted herewith is Zoning Appeal NO. 3021 ~, application of Stanley Wernick for a variance. Also included is: Notification to Adjacent Property Owners; Short Environmental Assessment Form; I~tter relative to NYS Tidal Wetlands Land Use; Notice-of Disapproval from the Building Department; survey of property; and any other attachments relative to this application. Judith T. Terry Southold Town Clerk New York State Department of Environmental Conservation Build!ng 40--SUNY, Stony Brook, New York 11794 review has b~en made of your proposal BdSeO On Lhe ~n~orma~on you have / ~nv~ ronmenEa] Conserva(~on has submitted, the New York State Department determined that the parcel Great:er than 300' from inventoried tidal wetlands. Landward of a substantial man-made structure greater than [00' in length which was constructed prior to 9/20/77. Landward of the 10' above mean sea level elevation contour on a gradual, natural s~ope. Landward of the topographic crest of a bluff, cliff or dune which is greater than ]0' in elevation above mean sea level. Therefo[e, no permit is required under the Tidal Wetlands Act (Article 25 o~ Lhe Environmental Conservation Law). Please be advised, however, that no construction, sedimentation or disturbance of any kind may take place seaward of the 10' contour or topographic crest without a permit. It is your responsibility to ensure that all necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation in this area as a result of your project. Such precautions may include providing adequate work area between the ]~' contour cr topographic crest and the project (i.e. a 15' to 20' wide construction a:ea) or erection of a temporary fence, barrier, or hay b~le berm. ['lease note that any ar3ditJona] work, or modification to described, may require authorization by this Department. tt;is office if such are contemp]ated. the project as Please contact P:(:¢se be further advised that this letter does not relieve you of the ~e:~Donsibi]ity of obtaining any necessary permits or approvals from other Vory tru~/ yours, .47 .: ..~ ¢& . .n>cput~ Regional ~ern~ .... /it Administrator PROJECT LD. NUMBER 617 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant Dr Project sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME . Stanley Wernick b~; En-Consultants, Inc. 3. PROJECT LOCATION: Mun~c~oal~ty Baxters, R.O.W. off Oregon ROa~nt~utchogue Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) 14991 Oregon ~oad, Cutchogue SCTM No. 1000-072-1-p/o 1 5. IS PROPOSED ACTION: ~New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY; Construct pool and decks. ?. AMOUNT OF LAND AFFECTED: Initially 2.3 acres Ultimately 2.3 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [~Yes [] No If No, describe briefly 9. WRAT 'S PRESENT ~No USE ~N V,C,N~TY DP PROJECT? [~Residential [] Industrial ~ Commercial [] AgBcutture [] ParkJForestlOpen space [] Other Describe: Residential-Agriculture - 2 acre 10. DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING, NOW OR ULTIMATELY PROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL. STATE OR LOCAL)? ~[Yes [] NO If yes, list agency(s) and permit/approvals NYSDEC Letter of No Jurisdiction lt. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERM T OR APPROVAL? [] Yes [] No I; ye~., list agency name and permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REOU,RE MOD F CATION? [] Yes [] No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Appticant/sbonsor name: S/t~nley .Wernick by En-Consultants, Inc. Date: 12/12/88 Sl natur.: .oy ,,. J SEQR I! the action is in the Coastal Area, end you are a state agency, complete the J Coastal Assessment Form before proceeding with this a~.sessment OVER 1 (Continued on reverse side) The N.Y.S. Environmental Quality Review Act requires submission Of this form, and an environmental review will be made by this board before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FO~ INSTRUCTIONS: (a) In order bo answer the questions in this short EAF it is assumed that the preparer will use CUrrently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not Significant. (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? Yes X 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 X No 4. Will project have a potentially large, impact on groundwater quality? Yes ~ No 5. Will project significantly effect drainage flow on adjacent sites? · Yes X No 6. Will project affect any threatened or endangered plant or animal species? Yes ~ No 7. Will project result in a major adverse effect on air quality? Yes X NO 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? ~Yes X____No 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontologiual importance or any site designated as a critical envircamental area by a local agency? ~Yes X No 10. Will project have a major effect on existing or future recreational opportunities? ____Yes X~No 11. 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 safety? ~Yes _~_No 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent OVer a one-year ~Yes'_~_No period or have a major negative effect on the charact~ of the community or neighborhood? 15. Is there pub~ con~ro.v~rsy COncerning the Preparer's Signature: ~ ~ NOV L. \MD]e, %Fres±aen~c Representing: Stanley Werni~k Date: 12/12/88 ZBA ~/75 QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED %~TI! YOUR APPLICATION [.'O,~,lS TO THE BOARD OF APPEALS Please complete[ sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch), to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours? Yes No 2.a)Are there any areas which Contain wetland grasses? (Attached is a list of the Wetland grasses defined by Town Code, Ch. 97 for your reference.) b)Are there any areas open to a waterway without bulkhead? Yes No Yes No 3. Are there existing structures at or below ground level, such as patios, foundations, etc? Yes No 4. Are there any existing or proposed fences, cDncrete barriers, decks, etc? Yes No If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground level? State total: ft. Yes No If project is proposed for principal building or structure, is total height ~t more than 35 feet above average ground level? State total: ft. Yes 7. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Yes No Are there any building permits pending on this parcel (or abutting land under your ownership, if any)? State Permit ~ and Nature: Yes No Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning Board Town Board Town Trustees County Health Department Village of Greenport N.Y.S.D.E.C. Other Article 25 NJ received Yes No Yes No Yes No Yes No Yes No (attached) Yes No Yes No 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from cQntract) 11. Is new construction proposed in the area of contours at 5 feet or less as exists? Yes No Yes No 12. If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have you made application to the Town Trustees for an inspection for possible waiver or permit under the requirements of Cb. 97 of the Town Code? N/A Yes No 13. Please list present use or operations conducted upon the subject property at this time Residential and proposed No change Please submit photographs ~or the record. I certify that the above statem~s are true and are being submitted for reliance by the Board of Appeal~ /in;cdnsidering my application. Signature (Property Owner) (]\~thori~ed Agent) Roy L. Haje, President 1/88 WETLANDs [Amended 8-2G-7t; by L.L. No. 2-1970; 3-26- 85 by L.L. No. 0-1985]: A. TIDAL WETLANDS: (l) All lands generally covered or io~rmittcntly cov- ered ' · w~th. or wluch bordpr on, tidal waStreL or brads lying beneath tidal waters, which at mean low tide are covered by t dal waters to a maximum depth of five (5) feet. including but not limited ~ banks. bogs. salt marsh. Swamps. mere ows flats or other low lying lands subject to tidal action: (2) All banks, bogs. meadows, flats and tidal marsh subject ~ such tides and upon which grows or may grow some or any of the following: salt hay. black grass, saltwort, sea lavender, tall cordgrass, high hush. cattails, groundsel, marshmallow and Iow march cordgrass; and/or (3} All land immediately adjacent to a tidal wetland as defined in Subsection Af21 and lying w/thin seven- ty-five (75) feet landward of the most landward edge of such a thlal wetland. FRESItWATER WETLANI)S: (1) "Freshwa~r wetlands" as defined in Art cie 2,1 Ti- tle 1. ~ 24-0107. Subdivisions l(a) ~ l(d) inclusive. of the Environmen~l Conservation Law of the Sta~ of New York: and (2) All land immediately adjacent ~ a "freshwater wet- land." as defined in Subsection B(1) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a "fresh,rater wetland." 9705 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occul ncy No..~l ! p?.l .......... Date ........ .J.u.n..e..1.8. ................ 19..8.2 THIS CERTIFIES that the building ................................................ Location of Property . .1 .4.9.9. ~. ................ O.v..e g.qn.. ~.o.a.c~ .............. !,~.u tc..h.o.g.u.e... House No. Street H~. ~let County Tax Map No. 1000 Section . 07 ~ ........ Block .. 0 ~ ........... Lot .P.a.F.t..°..f..0.q !... Minor Subdivision.. o..F..B.a.x..t.e.r. .................. Fi4ed-Map No. 1. 7{~ ..... !,ot No...6. .......... conforms substantially to the Application for Building Permit heretofore filed in this office dated · . Augus.t,. 1 2 ......... 198 1 . pursuant to which Building Permit No.. 3.1.3.3..4. .Z..~. ......... dated . ..5.u.gu. ~ .t..].~ ................ 198.~. ., was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ......... ...a.. pr.i.~a. !~.e..q~ r.t.a.r~ .t.~.v..~. v.e.l.t. ~. 0 g.. ......................................... The certificate is issued to .. ~dS/~.cl~. WA~. t3~.i.],d..iln~ .gp?.p.: ............................ (owner, of the aforesaid building. Suffolk County Department of Health Approval . ~. ! :-.S.Q': ? .8.,..6. ./.3/.8.2. ,. UNDERWRITERS CERTIFICATE NO ...... ~..5. (~ 3.~.~ ! .................................. Building Inspector Rev. 1/81 DIST. .3 · THIS IHSTR~I~IT SHOULD BE USID EY CONSULT YOUR ~WYER SIGNING THIS INSTRUMENT ~I5 INDEN~ made the ' ~ day of June , nineteen hundred and eighty- two BE~EEN WI~S ~Y BUI~ING CORP., a domestic corporation, having an office at 1020 Glen Road, Southold, New York 11971, party of the first part, and STANLEY WERNICK, residing at 28 Colonial Drive, Huntington, New York 11743, party of the second part, WITNF. SSETH. that the party of the first part, in consideration of R~F.~ EAL E~;'TATt JUL I ~ TRANSFER 1/~ SUFFOkK ....... TEN and no/100 .............. dollars, lawful money of the United States, paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold, at Cutchogue, County. of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point which is the southeasterly corner of the premises about to be described, said point being located as follows: (1) South 51~ 44' 30" West along the northwesterly side of Oregon Road 28.77 feet from the point where said road line intersects the northeasterly side of Bridge Lane; and (2) along tfienortheasterly side of a certain right of way North 450 11' 20" West 976.13 feet to the said point of beginning; and from said point of beginning running thence along the northerly side of said right of way as it turns, South 84° 25' 10" West 242.25 feet; thence North 47° 06' 40" West 400.0 feet to the mean high water line of Long Island Sound; thence easterly along said mean high water line on a tie line bearing North 67° 38' 30" East s tie distance of 217.06 feet to land now or formerly of Bokina; and thence along said land of Bokina, South 45° 11' 20" East 470.0 feet to the point or place of BEGINNING. TOGETHER with a right of way in common with others over a strip of land described as follows, and being twenty feet in width lying southwesterly of the first course set forth below, and twenty-five feet in width lying southerly of the second course set forth below: (1) BEGINNING at a point on the northwesterly side of Oregon Road distant 28.77 feet southeasterly as measured along the northwesterly side of Oregon Road from the point where same intersects the north- easterly side of Bridge Lane; and Running Thence North 45° 11' 20" West 976.1~ feet; and (2) South 84° 25' 10" West 242.25 feet. BEING AND INTENDED TO BE the same premises conveyed to the Grantor herein by deed dated August 5, 1981 and recorded August 12, 1981 in the Suffolk County Clerk's Office in Liber 9051 page 507. SUBJECT to covenants and restrictions recorded in Suffolk County Clerk's Office in Liber 9035 page 09, as amended by Llber 9051 page 493 ~ ~1~ 9~ ~ge 50~. · THIS conveyance is made in the regular course of business actually conducted by the party of the first part. TO(IEI'tlER with all right, title and interest, ii any, of the party of tile first ~art in and to all}' slreets ami roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of tile party of the first part in and to said premises, TO HAVE AND TO HOlD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the part'/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 incumbered in any w~y whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WtiEREOF, the party of the first part has duly executed this deed the day and year first above written. PRESENCE OF: WINDS WAY BUILDING CORP~. / Robert W. Wendell~ ~es~ On the day of · personglly Came SS: 19 , before me to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that exe~euted,, the same. ST&TE OF NEW YOKK, COUNTY OF SIJ~FOL. K SS: 09 the ~ day of June 19 82 , before me personally came Robert W. Wendell to me known, who, being by me duly sworn, did depose and saythat he resides at No. 1020 Glen Road, Southold, New York ; that he is the President of WINDS WAY BUILDING CORP. , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate s~al; that it was so affixed by order of the board, of directors of said corpora- tion, and that he signed h~s name thereto by like order. ' Notary Pu]l~/' WI~.IAM le PFEFFERLE NOTARY PtJBL1C, Stole o/ New Yo¢~ No. 52-835173o QuaJiti~{ in Sulfolk Counly ~lmN~ r-.,Dir~~ /~4arch ~0, llargain l ale WITH COVENANT AGAINST GRANTOR'S ACTS WINDS WAY BUILDING CORP. TO STANLEY WERNICK [ ST81lll FNi. I~ NEW ~ W IF TITLI IIIEIWllIBISI[ Recorded I[.'IJFE TITLE INSURANC5 Company o! New 127 W. Main Street STATE OF HEW yo~pouwr'v OF On the day'of ' personally came 19 , before me to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. STATE OF NEW YORK, COUNTY OF SS: On the day of 19 , before me personally came the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he knows ; to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. SECTION BLOCK LOT COUNTY OR TOWN Re~orded at l~.eque~ o~ 3~6 072 / / ~e% ~ rile ~O~IETY FOR THE PROPAGATION OF THE FAITH TOWN CLERK TOWN OF SOUTHOLD ~ffolk Connie. Ne,~' York 516- 765-1801 N.0 2 9 3 8 ~outhold. N. Y. 11971 ~-~ /~ 19 Judith T, Ter~, ~o~ Clerk STAT~[NT OF INTENT ~UFF~K CO. DEPT. OF HEALTH SERVICES. SERVICES -- FOR APPROVAL OF ,, , ~FFOLK CO. TAX MAP ~GNATION: oc~ ~, ~ ~. .~I~E~ ~. LAND ~UEV[~ES . ' ,' ' BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter OT the Petition of Stanley Wernick to the Board of Appeals of the Town of Southold TO: Mr. william Baxter Wild Rose Way Greenwich, Connecticut 07830 NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of 5outhold to request a (.Variance.) (Special Exception) (Special Permit) (Other) [ci_~c le cho±ce ] 2. That the property which is the subiect of the Petition is located adjacent to your property and is des- cribed as follows: Ba×ter's r.o.w, off Oreqon Road (Cutchoquer SCTM No. 1000-072-1-p/o 1 3. That the property which is the subiect of such Petition is located in the following zoning district: Residential-Agricultural 2 acre 4. That by such Petition, the undersigned will request the following relief: Variance from 100' setback. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article X1 Section 100-119-2 [ ] Section 280-A, New York lowm Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you ma)' then and there examine the same during regular office hours. (516) 7~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on thc matter by the .Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: December 2~ 1988 Q~ J ~ Petitioner -6 Roy L.~aje Owners'Names: Stanley Wernick Post Office Address 1329 North Sea Road Southampton, New York 11968 Tel. No. '(516 ) 283-6360 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NAME PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK) RQy L. Haje doing business ,/~d~at 1329 North Sea Road, ~ou.thampton, NY 11968 ,being duly sworn, deposes and says that on thec:~c~ day of -~-c,:,,'n ~,~- ,19 ~ , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of 5outhold; that said Notices were mailed at the United States Post Of- fice at Southampton, NY ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn t~before me, this ~-w%.~ _ / day 9f kLJL~.L~/l~J ~ ~9 ~ Notary I::u' Z" - ..... z~-_ _'. Lu ~: .= ~':.q ~ KAY M. DOUGHER~' ' NOTARY PUDU~. ~ta{e bf New York ~ NO, 01D0490 ~,01; Suffolk Coun~ [~ Term Expires July (This side does not have to be completed on form transmitted to adjoining property owners,) BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of Stanley Wernick to the Board of Appeals of the Town of Southold TO: Ms. Jenny Bokina Box 150 Cutchogue, New York 11935 NOTICE TO ADJACENT PROPERTY OW/qER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to requesta (Variance (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: B~xter~s r.o.w, off Oreqon Ro8d (Cutchoquer SC?M No. 1000-072-1-g/o i 3. That the property which is the subject of such Petition is located in the following zoning district: Residential-Agricultural 2 acre 4. That by such Petition, the undersigned will request the following relief: Variance from 100' setback. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article Xl Sect/on 100-119-2 [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you ma), then and there examine the same during regular office hours. (516) ?~5-1B09. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the TOwn of Southold and designated f6r the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. 'Dated: December 2~ 1988 e Petitione Roy L. ] Owners'Names: Stanley Wernick Post Office Address 1329 North Sea Road Southampton, New York 11968 Tel. No. (516) 283-6360 [Copy of sketch or plan showing proposal to.be attached for convenience purposes.] NAM~ PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: doing business Roy L. Haje ,r,~¢C[i/~'at 1329 North Sea Rn~r]. NDW York 11968 , , being duly sworn, deposes and says that or~ the~ ~lay ' of ._ I'~c e-_,-~..k,~r- , 19 ~ , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of $outhold; that said Notices were mailed at the United .States Post Of- fice at Southampton~ New York ;that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn ]~before mae t, his day of/~L~/.~h ~'J.~ ,~J , 19~ E KAY M. ~UOHER~ ;" NOTARY PUBLIC. State of New York ~ No. D1DO~OI~I, Suffolk Coun~ (This side does not have to be completed on form transmitted to adjoining property owners.)