Loading...
HomeMy WebLinkAbout3846 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICK~ JAMES DINIZlO, JR. Southold Town Board of Appeals MAIN ROAD - S~ATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX NO, (516) 765-1823 ACTION OF THE BOARD OF APPEALS Appeal No. 3846: Upon application of CHESTER AND JOYCE SKWARA for Variances to the Zoning Ordinance, Article III, Section 100-32 for approval of insufficient lot area of proposed Parcels No. 1 and No. 2. Lot area is nonconforming in this R-80 Zone District at 76,970 sq. ft. Property location: North Side of Wells Road, Peconic, NY; County Tax Map District 1000, Section 86, Block 1, Lot 14. WHEREAS, a public was held and concluded on June 29, 1989 in the Matter of the Application of CHESTER AND JOYCE SKWARA under Appeal No. 3846; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning and the surrounding areas; and WHEREAS, the Board made the following Findings of Fact: 1. The subject premises is a described parcel of land containing a total area of 1.767 acres with 398.0 ft. lot width along the north side of Wells Road, Peconic, Town of Southold, is identified on the Suffolk County Tax Maps as District 1000, Section 86, Block 1, Lot 14, and is improved with a single-family dwelling structure situated in the most westerly section of the property. 2. Under jurisdiction by this Board in this application is the requested lot area of proposed Lot No. 1 of 40,000 sq. ft. and proposed Lot No. 2 of 36,992 sq. ft. The existing dwe!li~ng i'~' ..~_. :'~ ~ will remain on Lot No. 2, as shown on the May 11, 1988 Map bf' Set-Off prepared by Roderick VanTuyl, P.C. ~ 4 Page 2 - Appeal No. 3846 Matter of CHESTER AND JOYCE SKWARA Decision Rendered June 29, 1989 3. The subject premises is located in the R-80 Low-Density Residential Zone District. Lands contiguous to the north and northeast are zoned R-80. Lands contiguous to the west are zoned R-40, containing lots of a similar or smaller size than that proposed (40,000 sq. ft. or less). Lands located to the south, on the southerly side of Wells Road, also consist of lots containing a lot area 40,000 sq. ft. or less and zoned R-40. 4. Article III, Section 100-32 and Bulk Schedule, of the Zoning Code for this requires a minimum lot area of 80,000 sq. ft. and 175 ft. width for each newly established parcel in the R-80 Zone District; Article III-A, Section 100-32-A, Column ii of the Bulk Schedule requires a minimum lot area of 40,000 sq. ft. and 150.0 ft. width. 5. In considering this application, the Board finds and determines: (a) that the circumstances of this application are uniquely related to the premises; (b) that the relief requested is not unreasonable in light of the circumstances; (c) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (d) that although the relief requested is substantial in relation to the requirements, this is the only parcel remaining in this residential community which is substantially larger than those existing; (e) that there is no other method feasible for appellants to pursue other than a variance; (f) that in considering all of the above, the interests of justice will be served by granting the variance, as applied. ACCORDINGLY, on motion by Mr. Sawicki, seconded by Mr. Grigonis, it was Page 3 - Appeal No. 3846 Matter of CHESTER AND JOYCE SKWARA Decision Rendered June 29, 1989 RESOLVED, to GRANT the relief, as requested, under Appeal No. 3846 in the Matter of the Application of CHESTER AND JOYCE SKWARA for insufficient lot area of Parcels No. 2 and 1, containing 40,000 sq. ft. and 36,992 sq. ft., respectively. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Sawicki and Dinizio. This resolution was duly adopted. lk GERARD P. GOEHRINGER, RECEIVED AND FILED BY THE SOUTHOLD TOWN C!.ERK DATE 7~ ;1~ HOUR Ii'.~P.~4' 'T6wn Clerk, Town of So~ld - APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGORIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX No. (516) 765-1823 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, JUNE 29, 1989, at the following times: 7:30 p.m. Appl. No. 3841 - GERARD W. GAUGHRAN. Variance to the Zoning Ordinance, Article VII, Section 100-72 (Article III, Section 100-31 under the previous zoning code) for permission to construct addition(s) to existing single-family dwelling structure with an insufficient rear yard setback from the northerly property line. Lot area of premises is nonconforming at 25,634 sq. ft. in this R-0 Zone District. Location of Property: 49925 Main Road, $outhold, NY; County Tax Map No. 1000-70-5-2. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 29, 1989 7:35 p.m. Appl. No. 3850. ROBERT GABRIEL. Variance to the Zoning Ordinance, Article III, Section 100-32 and Section 100-13, as Disapproved, for permission to construct new dwelling upon Lot 91 in this Subdivision known as "Map of Richard J. Cron," County Clerk's Map No. 7975, filed 9-30-85, said lot · having an insufficient width at the proposed building setback line. Property location: West Side of Aldrich Lane, Laurel; County Tax Map District 1000, Section 125, Block 2, Lot 1.14. 7:40.p.m. Appl. No. 3848 - CINDY RUGGLES. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 (Article IIIA, Section 100-30A.3, as disapproved) for permission to construct deck addition with an insufficient rearyard setback. Lot area is nonconforming at approximately 13,300 sq. ft. in this R-40 Zone District. Property location: 1150 Nakomis Road, Southold; County Tax Map District 1000, Section 78, Block 3, Lot 15. Page 3 - Notice of Hearings Southold Tow~Board of Appeals Regular Meeting of June 29, 1989 7:45 p.m. Appl. No. 3844 - DR. AND MRS. IRA WECHTERMAN. Variances to the Zoning Ordinance, Article XXIII, Section 100-239d, and Article IIIA, Section 100-30A.3 (Article III, Section 100-32 as Disapproved on March 9, 1989) for permission to construct deck addition with an insufficient setback from the rear property line and an insufficient setback from the existing concrete block retaining wall along Eugene's (East) Creek. Lot area is nonconforming at approximately 8,200 sq. ft. in this R-40 Zone District. Property location: 630 Oak Street, Cutchogue~ NY; County Tax Map District 1000, Section 136, Block 1, Lot 42.1 (includes 41 & 42); Subdivision Map of Eugene Heights, Lot Nos. 28, 29 and half of 27. 7:50 p.m. Appl. No. 3845 - PHILEMON AND BARBARA DICKERSON. Variance to the Zoning Ordinance, Article XXIV, Section 100-244, and Article IIIA, Section 100-30A.4 (Article III, Section 100-31 as Disapproved March 2, 1989) for permission to construct accessory storage building in an area other than the required rear yard. Lot area is nonconforming at Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 29, 1989 approximately 16,800 sq. ft. in this R-40 Zone District. Property location: 3220 Delmar Drive, Laurel, NY; Laurel Country Estates Lot #36; County Tax Map District 1000, Section 125, Block 4, Lot 14. 7:55 p.m. Appl. No. 3838 - JOSEPH D. CAVANAGH and DAVID CICHANOWICZ. Variance to the Zoning Ordinance, Article X2~IV, Section 100-244 and Article IIIA, Section 100-30A.3 ~Article III, Section 100-31 as Disapproved), for permission to locate proposed, new dwelling with an insufficient front yard setback f~om the northerly property line and with an insufficient rear yard setback from the southerly property line. Lot area is nonconforming at 8,417 sq. ft. in this R-40 Zone District. Property location: 1375 Private Road 1-A (said lot extending 1333.97 feet from the north side of North Bayview Road), Southold, NY; County Tax Map District 1000, Section 77, Block 3, Lot 18. Page 5 - Notice of Hearings Southold Town Boazd of Appeals Regular Meeting of June 29, 1989 8:00 p.m. Appl. No. 3847 - JOHN R. AND JEAN P. EDLER. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.4 for permission to locate accessory building in an area other than the required rear yard. Property location: 3030 Cleaves Point Road, East Marion, NY; County Tax Map District 1000, Section 38, Block 2, Lot 32; Marion Manor Subdivision Lot No. 4. /'"~8:05 p.m. Appl. No. 3846 - CHESTER AND JOYCE SKW~ Variances to the Zoning Ordinance, Article III, Section 100-32 for approval of insufficient lot area of proposed Parcels No. 1 and No. ,~. Lot area is nonconforming in this R-80 Zone District at 76,970 sq. ft. Property location: Peconic, NY; County Tax Map District Lot 14. North side of Wells Road, 1000, Section 86, Block 1, 8:10 p.m. Appl. No. 3843 - ADAM ASSOCIATES. Variance to the Zoning Ordinance, Article VIII, Section 100-82 for approval of insufficient lot area and width of proposed Lot No. 4 (which is located in the LB Zone District) as shown on the subdivision map pending before the Southold Town Planning Board. Property location: North Side of C.R. 48, Mattituck, NY; County Tax Map District 1000, Section 113, Block 12, Lot 10. 'Page 6 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 29, 1989 8:15 p.m. Appl. No. 3840 - ESTATE OF JENNIE HARRIS. Variances to the Zoning Ordinance, Article XIV, Section 100-142 (Article III, Section 100-31 as Disapproved) for approval of insufficient lot area and width of two proposed parcels, each with an existing dwelling. Zone District: Light Industrial (LI). Property location: North Side of C.R. 48, Cutchogue, NY; County Tax Map District 1000, Section 96, Block 1, Lot 18.1 (18). 8:20 p.m. Appl. No. 3855 - BARBARA BRUCH. Variance to the Zoning. Ordinance, Article XXIII, Section 100-239d for permission to locate,,new dwelling structure with an insufficient setback from existing concrete seawall along Arshamomaque Pond. Property location: 80 Beverly Road, Southold, NY; County Tax Map District 1000, Section 52, Block 2, Lot 39. 8:25 p.m. Appl. No. 3856 - JOHN AND MARIAN BOPP. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 for permission to construct deck addition with an insufficient rearyard setback. Lot area is nonconforming at approximately 13,500 sq. ft. in this RO Zone District. Property location: Page 7 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 29, 1989 West side of Maple Street, Mattituck, NY; County Tax Map District 1000, Section 140, Block 3, Lot 24. 8:30 p.m. Appl. No. 386~- HAROLD AND HATTIE STETLER. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.4 for permission to locate accessory building in an area other than the required rear yard. Property location: 670 Wiggins Lane, Greenport, NY; County Tax Map District 1000, Section 35, Block 4, 28.7. 8:40.,p.m. Appl. No. 3808 - GUNTER MORCHEL. Variances to the Zoning Ordinance, Article X, Section 100-102 for permission to construct addition with an insufficient rearyard setback and lot coverage in excess of maximum limit of 30% (as disapproved), Article XXIV, Section 100-244B, and Article X/IV, Section 100-242(A) concerning extension of nonconforming side and front yard setbacks. Lot area is nonconforming at approximately 9961 sq. ft. in this General Business (B) Zone District. Property location: Corner of the South Side of the Main Road and the East Side of Sigsbee Road, Mattituck, NY; County Tax Map District 1000, Section 143, Block 2, Lot 1 (or 1 and 30). Page 8 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 29, 1989 8:45 p.m. Appl. No. 3797 - FISHERS ISLAND UTILITY COMPANY, INC. Conclusion of written portion of hearing, rescind prior resolution rendered February 9, 1989, and commence deliberations concerning a Variance to the Zoning Ordinance, Article III, Section 100-32 (previously 100-31) for approval of insufficient area of two proposed parcels in this pending division of land. Property location: West Side of Crescent Avenue and the North Side of Central Avenue, Fishers Island, NY; County Tax Map District 1000, Section 6, Block 6, Lot 20.4. 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: June 14, 1989. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOV~I CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date . Z~ ..~...&.. ?. ..... 19 .'g...~.. ..~.~ .1~5 ......................... . · .~.~.. &..~.,.~... !~. x~ ~ ........... PLEASE TAKE NOTICE that your application dated . .~'..~,-~. ~.~ .... ~.~ ...... 19 ~.~.. -~,,,.~ ' ~'~ ~:~t. '~2~ .................................... at for permit to ............... Location of Property .~.7..q2~.. .... ~ ..~.% . ~.q~ ...... . .~"~.,...%,~....~. ....... House No. ' ' ' ' Street .......... ~l~r~l'e~ County Tax Map No. 1000 Section .... ~.~.~. ...... Block .... .~. [ ....... Lot ....}.~ ........ Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds. C~.~%.....,t~.....~t..~../.m2.-: .~.¥ ,.-~.~..~.*..e~,.~..~.,~....~....~.,~. ~...~4'..,.a~ x,.~ · .~..~ ..... -v~.~..~.p;~,.. (~:.&..z: .~;~ ;o~-~o ~..~ · ........................... : ..... .. Building Inspector RV 1/80 eOWN OF SOUTI.rOt. D, NZ'W"YORK VE:D ~PPEAL FROM DECISION OF BUILDING INSPECTOR MAY/' 1989 TO THE ZONING BOARD OF APPEALS, TOWN Chester Skwara & Jovce Skw~ra 1, (We) ~ nt .~/zu WellS ~oaa Nome of Appellant Street and Number Peconic, To~ oE Sou[ho[~ ~.~. ......................................................................................................................... HEREBY APPEL TO Municipoli~ State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ~.~.b.~.U~..~.~f...2..8..,....1..9..8.9 . WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) Chester Skwara and Joyce Skwara Name of Applicant for permit of ........ W.~lls..2~.~., ............... 2e.co~ic ........................ .~.¢.W....~.Q ~:.~. .................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY ~ (x) Permit to Set-off 1 LOCATION OF THE PROPERTY Wells Road, Peconic Residential Low Dens. A .................... District 1000 Section 86 B10ck 1 Lot 14 ~ . Chester Skwara & Joyce Skwara ................................................................................. turrenc Owner Mop No. N/A Lot No. N/A Prior Owner Katherine Skwara, Antone Skwara 2. PROVISION (SI 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 III Section 100-32 3 TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( × A VARIANCE to the Zoning Ordinance or Zoning Map A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4 PREVIOUS APPEAL A previous appeal (has) (has not) been mode 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 we would like to divide this 76,992 square foot parcel with one house into two separate parcels, one with the house, containing 36,992 square feet, and the other to be vacant, containing 40,000 square feet. Form ZB! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would pr~uce practicaldifficultiesorunn~es- sory HARDSHIP becau~ the zoning ordinance would permit only one odd-shaped lot. The house, built in 1958, is on the westerly side of the lot, while the easterly side was obtained in 1968. This leaves the easterly side virtually unbuildable, resulting in a drastic re- duction in value. 2. The hardship createdisUNIQUEand isn6tshared by oil properties alike in the immediate vicinity ofthis property and inthisuse districtbecause other lots in the vicinity, except the parcel to the north, are all zoned R-40, and have lot sizes of approximately one acre or less. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the proposed lot sizes are in conformity with the neighborhood scheme. When the area was rezoned under the Master Plan in January, 1989, every single parcel in the area was zoned R-40 except for this parcel, which was arbitrarily excluded. STATE OF NEW YORK ) ,~,,- ,/ ) SS ............ COUNTY OF~4~T'f-ol~(~ ) Sworn ,o this ................ ./=..(~...~'...~..~. ............. day of ........... ~j~)J'~/..!. ............................ 1989 TOWN OF ' RECORD CARD FORMER OWNER i R~lO ~,s. LAND IMP. AGE NEW NORMAL Form Acre Tillable 1 Tillable 2 Tillable 3 Woodland Swampland STREE'F VL. FARM TOTAL DATE o'300 BUILDING CONDITION BELOW Value Per Acre Brushland ~ House Plot Total COMM. I,ND. tCB. DISTRICT SUB. 7A ACREAGE I ,/ ,. /, 7~'~ TYPE OF BUILDING MISCi REMARKS LOT ABOVE Value FRONTAGE ON WATER FRONTAGEON ROAD /-~X"~ BULKHEAD DOCK / >?.r~ Extension /G )(' .~.o ~. ~/'oO~ ~ ,~ ~ /~ o/ Basement ~ Floors 14, ~o ~l ~tension Fire Place / Heat ~,~,; ~' ~ t~ ~ ~ J Porch ~ Roof Type /~ '~/9 Pomh R~ 1st Flmr [ ~ I Breezewey ~ P~io Rooms 2nd Flor ~ Garage 5 ~ ' ': - ,. ~ ~. ~ Driveway Dormer AT PECON~C -TOWN OF ~THOt.~ /! ; , L3. // /' ZONING MAP SUFFOLK COUNTY MASTER PLAN UPDATE pREPAA*EP BY pARISH 8, WEINER, INC.- PLANNING AND COMMLINIT'~ R -80 R -$0 ,'-, R-80 R-80 R-80 R-'-80. R-80 LITTLE DEPARTMENT OF PLANNING O Y OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE 360-5206 ARTHUR H. KUNZ DIRECTOR OF Pt. ANNING July 25, 1989 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Chester & Joyce Skwara 3846 Very truly yours, Arthur H. Kunz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZlO, JR. Pursuant to Board of Appeals the following to South°Id Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX NO. (516) 765-1823 Article XIII of the Suffolk County Charter, the of the Town of Southold, New York, hereby refers the Suffolk County Planning Commission: Variance from the Zoning Code, Article III , Section 100-32 Variance from Determination of SouthSld Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 3846 Applicant: Chester & Joyce Skwara Location of Affected Land: No=tb side Wells Road, County Tax Map Item No.: 1000- 86-1-14 Within 500 feet of: Town or Village Boundary Line X Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Boundary of Existing or Proposed County, Boundary of Existing or Proposed County, Other Recreation Area Peconic, NY Thruway State or Federally Owned State or Federal Park or Land or Existing or Owned by the Lines, Within Within Proposed Right-of Way of Any Stream or Drainage Channel County or for Which The County Has Established Channel One Mile of a Nuclear Power Plant One Mile of An Airport. approval of requesting R~Stk~kk~xR~ insufficient lot area 1 and No. 2. COMMEHTS: Applicant is of proposed Parcels No. Cop~es of Town file and related documents enclosed for your revfew. Dated: 7/~F/89 Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 1197'1 TELEPHONE (516) 765-1809 FAX NO. (516) 765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. July 20, 1989 Karen J. Hagen, Esq. Wickham, Wickham & Bressler, Main Road, Box 1424 Mattituck, NY 11952 Poe, Re: Appeal No. 3846 - Skwara (Variance) Dear Karen: Transmitted for your records is a copy of the recent determination rendered by the Board of Appeals concerning the above application. Please be sure to return to the Planning Board, Building Department and any other involved agencies for approvals as may be necessary. Copies of this decision have simultaneously been transmitted to the Building Inspectors' Office and Planning Board for their files and update. Yours very truly, · GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure Copy of Decision to: Building Inspectors' Office Southold Town Planning Board Suffolk County Department of Planning JAMES A. SCHONDEBARE TOWN A~-fORNEY ROBERT H. BERNTSSON ASSISTANT TOWN ATTORNEY OFFICE OF THE TOWN A~ORNEY TOWN OF SO~OLD NOTICE Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1939 PLEASE BE ADVISED DUE TO TWO LAWSUITS AGAINST THE TOWN OF SOUTHOLD. BROUGHT COLLECTIVELY BY THE NORTH FORK ENVIRONMENTAL COUNCIL. LEAGUE OF WOMEN VOTERS. SOUTHOLD~2000 AND MESSRS, WEISMANN AND FLYNN, THAT ANY PERMIT, APPROVAL OR ANY OTHER ACTION TAKEN PURSUANT TO CHAPTER 100 OF THE CODE OF THE TOWN OF SOUTHOLD. ZONING. MAY BE INVALIDATED BY THE COURT; PROCEED AT YOUR OWN RISK. Stype Brothers Real Estate, In~:. YO K June 28, 1989 Gail Wickham, Esq. Wickham, Wickham & Bressler P.C. Attorneys at Law Main Road; P.O. Box 1424 Mattituck, New York 11952 Re: District: 1000; Section 086; Block 001.; Lot 0014.000. Owner(s) o£ Record: Skwara, Chester & Joyce North Side of Wells Road; Peconic, New York 11958 Dear Ms. Wickham: Attached you will find the letter of opinion you requested with regard to the above referenced property. This letter of opinion is prepared in order to reflect market value of the subject property as it exists now as well as value of the subject property if it is approved for a subdivision as follows: ADS:lp att. Parcel No. One consisting of a one acre wooded vacant lot. Parcel No. Two consisting of a .85 acre site with dwelling. Stype Brothers Real Estate, Inc. Property Description This concerns a real estate appraisal of property owned by Chester and Joyce Skwara. The subject property is situated on the north side of Wells Road in the Hamlet of Peconic; Town of Southold; County of Suffolk; State of New York. The subject property is Zoned R-80 which calls for 80,000 square feet per homesite. Currently the property is listed under the Suffolk County Real Property Tax Rolls as one lot identified as follows: District: 1000 Section: 086 Block: 001 Lot: 014 The total area consists of 1.8 acres and the current owners are looking to subdivide the property into two lots. There is currently a dwelling on the property. This is a Ranch style dwelling with three bedrooms, and two baths. There is approximately 1,600 sq. ft. of living space. The dwelling is approximately twenty-five years old. There is a full basement with an oil hot air heating system that is used for heating the house. The house is insulated. The house is in excellent condition. Site The entire property consists of 1.8 acres. The owner(s) are proposing a two lot set-off of the property. Parcel No. One is to be one acre in size, and unimproved. Parcel No. Two is to be .85 acre with the Ranch style dwelling. Both of these parcels are heavily wooded and level. The immediate area is residential, and many sites are one-half acre to one acre in size. The property is located in the Southold School and Fire Districts. Water is provided by a private well and there are private cesspools. The highest and the best use of the property would be as a two lot subdivision. This type of subdivision would provide the greatest value to the property. It is in this appraiser's opinion that the Fair Market Value of the dwelling on the 1.8 acre (as one parcel) as of June 28th, 1989, would be as follows: $255~000. The Fair Market Value of the dwelling on a .85 acre lot, as of June 28th, 1989, would be as follows: Parcel No. Two $210,000. Site continued: The Fair Market Value of the one acre vacant, wooded lot, as of June 28th, 1989, would be as follows: Parcel No. One $115,000. The total Fair Market Value of Parcel No. Two and Parcel No. One, as of June 28th, 1989, would be as follows: $325,000. Value of Parcel No. One and Parcel No. Two if subdivided would be ................. $325,000. Value of Subject property including dwelling on 1.85 acre of land as one parcel would be .................... -$255,000. Loss of value if the property is not subdivided would be ........................... $ 70,000. June 2--8, 1989 Andrew D. Stype, CT~.R.~ 1988/1989 Assessed Valuation and Taxes Land .............. 2,000 Total .............. 7,600 Taxes ............. $3,003.69 With Combat Veteran's Exemption. Taxes without Combat Veteran's Exemption would be as follows: $3~197.01 Zoning R-80/Residential 80,000 square feet per homesite Market Data Approach Comparable No. One. Hinderman to Steiner Vanston Road; Nassau Point, New York 11935 Date of Sale: Sale Price: January 31, 1988 $265,000. Split Level Three Bedrooms Two and a Half Baths Twenty-Eight Years Old Oil Hot Air Heating System Very Good Condition Approximately Eighteen Hundred Square Feet of Living Space. Approximately One and a Half Acres This is a very good comparison to the subject property on the entire parcel as a 1.85 acre piece. However, this comparable has a larger house and a large two car garage. This comparable also has Deeded Beach Rites. Market Data Approach Comparable No. Two McKercher to Milby Christopher Street; Southold, New York 11971 Date of Sale: December 16, 1988 Sale Price: $210,000. Cape Cod Four Bedrooms Two Baths Approximately Thirty-Five Years Old Oil Hot Water Heating System Approximately Sixteen Hundred Square Feet of Living Space. Approximately One-Half Acre Wooded Lot. This is a good comparison to the subject if it is situated on Parcel No. Two, or on .85 acre. Market Data Approach Comparable No. Three. Adel to Saywell Bayview Drive; Southold, New York 11971 Date of Sale: April 23, 1988 Sale Price: $115,000. This is a one acre vacant, and wooded lot. This is a very good comparison to Parcel No. One of the subject, which is a vacant one acre wooded lot. OWN OF SOUTH~ mi,- ~ PECONI( F~R AI~I~INING AREA SEE MAP NO.28 42 11958 5 LITTLE HOG NECK Qualifications of the Appraiser I, Andrew D. Stype, age 40, certify that I have been in the Appraisal Business for Fair Market Value since 1978. Since that time I have completed over four hundred Real Estate Appraisals for Residential Properties, Farm Properties, Lots and Business Properties. I am currently the President of Stype Brothers Real Estate, Inc. and I have been in this position since 1983. The business was purchased from my father, Val W. Stype, who had started the Real Estate and the Appraisal business back in 1966. I have personally engaged in the purchase and sale of Real Estate on the Eastern End of Long Island for investment. This experience has helped me to determine market values. Currently Stype Brothers Real Estate, Inc. is an active sales office involved in the sale of new residential properties, resale properties, farm properties, waterfront properties, and business properties. We maintain a full-time sales office, and in addition, offer consultation and auction services. Currently, our office covers an area from Calverton to Orient. Qualifications o__fthe Appraiser continued: New York State Licenses and Certifications: Completed S.R.A. Course No. 102 October 1988. Completed S.R.A. Course No. 101 February, 1988. Registered Mortgage Broker with the N.Y.S. Banking Association 1988. Designated as Approved Appraiser for Suffolk County by the County of Suffolk; Department of Real Estate since 1987. Designated as Certified Appraiser Residential- C.A.R. since 1984 by the American Assoc. of Certified Appraisers. Member of the New York State Society of Real Estate Appraisers since 1982. Licensed Real Estate Broker since 1980. Licensed Insurance Broker since 1972. Licensed Real Estate Salesman since 1971. Candidate Member S.R.A. of the Society of Real Estate Appraisers. Qualifications of the Appraiser continued: Real Estate Organizations: Member of the Suffolk County Real Estate Board. Member of the Eastern Suffolk Board of Realtors. Associate Member of the Columbia Society of Real Estate Appraisers. Member of the National Baord of Realtors. Member of the New York State Board of Realtors. APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZlO, JR. Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 $OUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX No. (516) 765-1823 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 ~ ~ there arc qu~,.s br~L up 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 NOTICE OF HEARINGS NOTICE 1S HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following heatings 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, JUNE 29, 1989, at the following times: 7:30 p.m. Appl. No. 3841- GERARD W. GAUGHRAN. Variance to the Zoning Ordi- nance, Article VII, Section 100-72 (Article III, Section 100-31 under the previous zon- ing code) for permission to con- struct addition(s) to existing single-family dwelling structure with an insufficient rear yard setback from the northerly pro- petty fine. Lot area of premises is nonconforming at 25,634 sq. ft. in this R-0 Zone District. Location of Property: 49925 .Main Road, Southold, NY; County Tax Map No. 1000-70- 5-2. 7:35 P.M. Appl. No. 3850. ROBERT GABRIEL. Variance to the Zoning Ordinance, Arti- cle III, Section 100-32 and Sec- tion 100-13, as Disapproved, for permission to construct new dwelling upon Lot'#1 in this Subdivision known as "Map of Richard J. Cron;' County Clerk's Map No. 7975, filed 9/30/85, said lot having an insufficient width at the propos- ed building setback line. Pro- petty location: West Side of Aldrich Lane, Laurel; County 125, Block 2, Lot 1.14. 7:40 p.m. Appl. No. 3848-- CINDY RUGGLES. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 (Article IliA, Section 100-30A.3, as dis- approved) for permission to construct deck addition with an insufficient rearyard setback. Lot area is nonconforming at approximately 13,300 sq. ft. in this R-40 Zone District. Proper- ty location: 1150 Nakomis Road, Southold; County Tax Map Dis- trict 1000, Section 78, Block 3, LOt 15. 7:45 p.m. Appl. No. 3844-- DR. AND MRS. IRA WECH- TERMAN. Variances to the Zoning Ordinance, Article iXXIII, Section 100-239d, and Article IIIA, Section 100-30A.3 (Article III, Section 100-32 as Disapproved on March 9, 1989) for permission to construct deck addition with an insufficiem set- back from the rear property line and an insufficient setback from the existing concrete block re- taining wall along Eugene's (East) Creek. Lot area is non- conforv-".~g at approximately 8.200, r. in this R-40 Zone District. Property location: 630 Oak Street, Cutchogue,. N~ County ~ Map District 1000, Section 136, Block 1, Lot 42.1 (includes 41 & 42); Subdivision of Eugene Heights, Lot NOs. 28, 29 and half of 27. 7:50 p.m. AppL No 3845-- PHILEMON AND BARBARA DICKERSON. Variance to the Zoning Ordinance, Article XXIV, Section 100-244, and Ar- ticle IliA, Section 100-30A.4 (Article III, Section 100-31 as Disapproved March 2, 1989] for permission to consu'uct acces- sory storage building in an area other than the required rear ~d. Lot area is'nonconforming at approximately 16,800 sq. ft. in this R-40 Zone District. Pro- ' perty Io~ation: 3220 Delmar try Estates Lot ~6; County Map District 1000, Section 125, Block 4, Lot 14. 7:55 p.m. Appl. No. 3838-- JOSEPH D. CAVANAGH and DAVID CICHANOWICZ. Variance to the Zoning Ordi- nanee, Article XXIV, Section 100-244 and Article IIIA, Sec- tion 100-30A.3 (Article III, See° tion 100-31 as l~sapprored), for permission to locate pmpnsad new dwelling with an insuffi- cient front yasd setback from the northerly property line and with an insufficient rear yard setback from the sou~erly pro- perry lin~ Lot area is noncon- forming at 8,417 sq. ft. in ,this R-40 Zone District. Property location: 1375 Private Road (said lot extending 1333.97 feet from the north side of North Bayview Road), Suuthold, County Tax Map District 1000, Section 77, Block 3, Lot 18. 8:00 p.m. AppL No. 3847-- JOHN R. AND JEAN P. LER. Variance to the Zoning 100-30A.4 for permission to locate accessory building in an area other than the required rear yard. Property location: 3030 Cleaves Point Road, East Marion, NY; County ~ Map District 1000, Section 38, Block 2, LOt 32; Marion Manor Sub- division Lot No. 4. ~' 8.'05 p.m. AppL No. 3846-- 'CHESTER AND JOYCE} SKWARA. Varianeea to the/ Zoning Ordinance, Article III,/ ~Section 100-32 for approval o~ ~nsufficiant lot area of propos-kI I~l Parcels No. I and No. 2. Lot] area is non~unforming in this I R-80 Zone District at 76,970 ~q.l ft. Property location: North side of Wells Road, Peeonic, NY; ~.ncty Tax Map District 1000, 'on 86, Block 1. Lot 14. 8:10 p.m. Appl. ~' 3843-- ADAM ASSOCIA h Vari- ance to the Zoning O~dbmn~ Article VIII, Section 100~82 for approrni of imuffic~nt lot area and width of proposed LOt No. 4 (which is located in the LB Zone District) as shown on ~ subdivision map pending before the Sunthnid 'fown Plnnnin$ Board. Property location: North Side of C.R. 48, Mattituck, NY; County ~ Map District 1000, Section 113, Block 12, Lot 10. 8:15 p.m. AppL No. 3840- ESTATE OF IENNIE HAR- PIS. Vm~anees to the'Zoning Oldinnqce' AI'~Cl~ XIN~s Sec~on 100-142 (Article III,, Section lO0-Jl as Disapproved) for ap- proval of lnsufftclentdot area eels, each with an e~tsflnS dvadl~ ~ Zone District: Light lndns- trial (LI). Property location: North ~ Of C.R. 48, Catch- trict 1000, Section 96, Block 1, Lot 18.1 (18). 8:20 P,m. AppI~ No. 3855~ Ka~RBARA BRUCH. Variance to the Zoning Ordinance, Arti- cle XXIH, Section 100-239d for permission to locate new dwell- setback from existing concrete semvall along Arshamomaque Pond. Property location: 80 Beverly Road, Southoid, NY; County ~ax Map District 1000, Section 52, Block 2, Lot 39. 8:25 p.m. Appl. NO. 3856--- JOHN AND MARIAN BOPP. Variance to the Zoning Ordi- nanee, Article XXIV, Section 100-244 for permission to con- stroct deck addition with an in- sufficient rearyard setback. Lot area is nonconforming at ap- proximately 13,500 sq. ft. in this RO Zone District. Property location: West side of Maple Street, Mattituck, NY; County Tax Map District 1000, Section 140, Block 3, Lot 24. 8:30 p.m. AppL No. 3862-- HAROLD AND HATTIE .STETLER. Variance to the Zon- ing Ordinance, Article IliA, Section I00-30A.4 for permis- ?n to locate accessory buildiug m an area other than the ~- quired rear yard. Property loca. tion: 670 Wiggins Lane, Green- port, NY; County Tax Map Dis- trict 1000, Section 35, Block 4, 28.7. 8:40 p.m. AppL No. 3808-- GUNTHER MORCHEL. Variances to the Zon~ug Ordi- nance, Article X, Section 100-102 for permission to con- struct addition with an insuffi- cient rearyard setback and lot coverage in eneess of maximum limit of 30% (as disapproved), Ar~i~'cle XXIV, Section 100-244B, ~.~ XXlV. S~tinn sion of nonconformin_~ side and front lmrd s~bachs. Lot ama i~ noncoafotmln~ at al:~rneim~t~- ly 9961 ~q. ft. in th~s (~meral petty location: Comer of the South Side of the Main Road and the Fast Side of Sigsbee R~ad, Matfituck, NI~ County lbx Map District 1000, Section 143, Block 2, LOt I (or I and ~0). 8:45 p.m. AppL FISHERS ISLAND UTILITY COMPANY, INC. Concinsion of written portion of hearing, rescind prior rexointion render- ed February 9, 1989, and corn. menee deliberations concemb~, a Variance to the Zoning nunce, Article III, Sect{on 100-32 (psevionsly 100-31) for approval of insufficient area of two proposed parcels in 'this pending division of land. perty location: West Side of Crescent Avenue and the North Side of Central Avenue, Fishers Island, NY: Coanty ~ax Map District 1000, Section 6, Block 6, Lot 20.4. The Board of Appeals will at said time and plaee hear any and. aH Persons or ~.'pmsantatives de. siring to be heard in each of the above matters. Written com~. merits may also he submitted prior in the conclusion of the subject hearing. Each heafiug will not start before the time al- lotted. Additional time for your presentation WIll be available' if needed. For more information, please call 765-1809. Dated: June 14, 1989. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPE. a~S GERARD p. GOEHRINGER CHAIRMAN By Linde Kowaiski IX, 6/22/89 (1) Bayview Road),-Southold, N~; County Tsx Ivlap Disu~ct 1000, Sec' . 850. othe Sec- 3, m ~dlet ~2, L~t ~848 - ~Dthold; $4 - DR. ~89) for ~fnxn ~e ~00 sq. ~ Street, Tax Map 8.'00 pm. ApI~- No. 3847 - ~OHN 1~ AND ~EAN p. I~I)LE~ Variance to th~ Zonin$ Ordinance, A~cle ~, ~ 1~30A.4 f~ yard~ Prope~y l~ation: 3030 ~es P~t R~d, ~st Made, ~ 38, ~S~ ~N~ 4. 8:05 p.m. Appl. No. ~{oY~s~. A~ ~, ~ ~ti~: No~ 8:10 p.m. AppL No. 3843~ ~ 1~2 f~~- fic~t lm awn ~d ~ ~No. 4 (~~ ~ ~ T~ ~ B~. C~ 48, ~m~, Map District 1~0, TA~ OF ~tc~, ~; ~ ~ Map 8~ A~ N~ 3855 - B~- BARA BRUCH. Variance to 1~ ~w dw~ s~W wi~ ~B~39. 8~ ~ A~ No. 3~6 - ~O~ o~s~ct d~ a~i~ wi~ an ~ 13~.~ ~RO~ ~s~ ~Y l~ti~: West Page 9 - Mailing List of Notice of Hearings Southold Tow~ Board of Appeals Regular Meeting of June 14, 1989 Copies to the following on or about June 15, 1989: Suffolk Times, Inc. (Personal Delivery) L.I. Traveler-Watchman Town Clerk Bulletin Board (Main Lobby) ZBA Office Bulletin Board (East Hall) ZBA Board Members (with copies of files) ZBA Individual Files Mr. William Conway, as Agent for Gerard Gaughran, P.O. Box 1902, Southold, NY 11971 Mr. Robert Gabriel, 12 Harrison Avenue, Bellport, NY 11713 Mr. and Mrs. Mitchell Ruggles, 1150 Nakomis Road, Southold 11971 Mr. James Fitzgerald, Box 617, Cutchogue, NY 11935 (pers. del.) Mr. and Mrs. Philemon Dickerson, 3220 Delmar Dr, Laurel 11948 Michael Hall, Esq. for Cavanagh and Cichanowicz Youngs Avenue, Southold, NY 11971 Rev. and Mrs. John R. Edler, 3030 Cleaves Point Road, ~ East Marion, NY 11939 .~/~aren Hagen, Esq. for: (a) Chester and Joyce Skwara and (b) Estate of Jenniu Harris WW & B, Box 1424, Main Road, Mattituck, NY 11952 Lynne M. Gordon, Esq. for Adam Associates Scheinberg, Schneps, DePetris & DePetris One Union Square, Aquebogue, NY 11931 Gardiner's Bay Construction Co., Box 443, Peconic, Ny 11958-0443 for Barbara E. Bruch Mr. and Mrs. John J. Bopp, 175 Maple Avenue, Box 403, Mattituck, NY 11952 Mr. Gunter Morchel, Box 1216, Route 25, Mattituck, NY 11952 Mrs. Dorian Harkoff, Wells Road, Mattituck (as requested) Richard F. Lark, Esq. for Fishers Island Utility Co. Box 973, Main Road, Cutchogue, NY 11935 Southold Town Board of Appeals HAIN ROAD- STATE ROAD 25 50UTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, .IR. June 29, 1989 S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Si~nificanc~ APPEAL NO.: 3846 PROJECT NAME: CHESTER & JOYCE SKWARA 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. This board determines the within project not to ha~e a sigJifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: DESCRIPTION OF ACTION: parcels LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly knQwn as: 3720 Wells Road, ~Pe~onic, ~Y 1000-86-1-14 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) 6 NYCRR [X] Type II [ ] Unlisted [ ] Subdivide parcel with one house into two This is a lot-line variance as regula~ed~by Section 617.13, FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. mc JUDITH T. TERRY TOWN CL~RK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Dated: May 1, 1989 Transmitted herewith is Zoning Appeal NO. 3846 , application of Chester & Jo¥ce Skwara 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 WILLIAM WIC ~.BAM ERICU BRESSLER DANIEL C ROSS KAREN ~ HAGEN HUBERT F. SULLIVAN LAW OFFICES WlCKHAM, WICKHAM ~& BRESSLER, MAIN ROAD, P.O. BOX I424 ~4ATTITUCK, LONG ISLAND NEW YORK II952 516-298-8353 April 26, 1989 MORTGAGE OFFIce 516 298-5300 Southold Town Board of Appeals Town Hall Main Road Southold, New York 11971 Re: Application for Set-off for Chester and Joyce Skwara SCTM #1000-$6-1-14 Gentlemen: Enclosed are the following in connection with the above application: 1. Application in triplicate. 2. Notice of Disapproval from the Building Inspector. 3. Short Environmental Assessment form. e Original Notice to Adjoining Owner with Affidavit of Service thereon. 5. Four (4) prints of the map. 6. Zoning Board of Appeals questionnaire. 7. Copy of Certificate of Occupancy. 8. Check in the amount of $150.00 representing the application fee. 9. Copies of Deeds. If you require any further information, please contact us as soon as possible. Very truly yours, Karen J. Hagen KJH: jaw Eno. 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONs Only P~A.RT '--PROJECT INFORMATION (To be como,eted by ADDlicant or Pro,ect sponsor) APPLICANT/SPONSOR ] 2. PROJECT NAME and Jo'~ce Skwara Setoff for Chester & PROJECT LOCATION: . Mumc~Da,~ Peconic, Town of Southold c~...tv Suffolk 3720 Wells Road, Peconic Joyce Skwara SEQR 5. IS PROPOSED ACTION: SCRIBE PROJECT BRIEFLy: This application is for the division of a parcel containing 76,992 square feet into two lots, one containing 36,992 square feet and a house· and the other containing 40,000 square feet. ?' AMOunT OF LAND AFFECTED: Initially ~ 7 R 7 . acres ~ -- -- ~ - - Ultimately ~ 1. 7 6 7 acres 8. WILL PROPOSED ACTION CQM~H EXISTING ZONING OR OTH~ F-3(ISTING---~NO USE RESTRICTIONS? i-~ Yes ~]rNo It NO, de$crtDe briefly A variance will be needed from the Southold Town Board of Appeals 9 WHAT IS PRESENT LAND USE IN VICINITY OF PRO~ECT'; 10. DOE~ ACTION iNVOLVE A PERMIT APPROVAL. OR FUNDING. NOW OR ULTIMATELy FROM ANy O'}HER GOVERNMENTAL AGENCY (FEDERAl., STATE OR LOCAL)? ~ Yes [] NO If yes, Iisi agency(s) and permit/approvals- Suffolk County Department of Health Services - subdivision Southold Town Planning Board - subdivision 32. AS A RESULT OF PROPOSED AC~JON WILL EXISTING PERMITIAPPROVAL REQUIRE ~'IOOIFICATION? ['~ Ye, [] No I CERTIFY THAT THE INFORMATION PROVleEO 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 I (Continued on reverse side) txon of more than 5 percent over a one-year ~ersod or have a ma]or negatsve e~fect on the charact~ of the co~un~ry or neAg~borhood? ~5. Is there p~lic controversy concernin~ :he Representing: ZSA ~/?S ?/ FORM NO~ ~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. '! CERTIFICATE OF OCCUPANCY Z ll ~ Date ............................................................ Ne THIS CERTIFIES that the building located at .,..~.-/.~. ~..e.~..~:~ ~..o..~.~ ........................... Street Map No ............ ~-~, .................. Block No ............. ;Oz~ ................. , ~ .... ~ec'°l:~J'c't'""~'~' conforms substantially to the Application for Building Permit heretofore filed in this office dated ,~Jovel~lber ~ 19~,7 pursuant to which Building Permit No ...... ,~.~,~.~ ............. , ]~i'ovember 6 19 ..~.7 was issued, and conforms to oil of the requirements dated .................................................... of the applicable provisions of the law. The ~ccupancy for which this certificate is issued is ............ .......... !1 .............................................................................. This certificate is issued to ....~.hE,.S~.e.:~...~J~'~fL:.~ ............. (..-~'~*'~') ................................................ (owner, lessee or tenant) of the aforesaid building. Bu,lding Inspector .L. T-3385 LAWYIRS I~DF.~ wade the ~day of February , ~neteen hundred and s ixty-eight KATHERINE SKWARA, residtng at ?oconic, Suffolk County, New York, party of the £rst p~trt, tnd C~IESTER H. SI~dARA and JOYCE M. SICdARA, his wife, as tenants by the entirety, both residing at Peconic, Suffolk County, New York party of the second part, S¥1'l-lqt. J.q~'Tl'l, that the party of the first part, in consideration of ......... ($1.00) ......... lawful money of the United States, and other good and valuable considerationa~aid 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, that certain plot, piece or parcel of land, ~~~~~t~t.~atuate, lying and being ~ at Poconic, in tho Town of Southold, County of Suaffolk and State of New York, bounded and described as follows:- BEGINNING at a concrete monument set on the northeasterly line of Wells Road at the southwesterly corner of land of the party of tho second part, and running along said northeasterly line of Wells Road, North 59 degrees 45 minutes 30 seconds West, a distance of 259.86 feet; thence along land of the party of tho first part, three courses: (1) North 30 degrees 14 minutes 30 seconds East, a distance of 175.0 feet; thence (2) South 59 degrees 45 minutes 30 seconds East, a distance of 74.93 feet; thence , (3) North 65 degrees 47 minutes 40 seconds East, a distance of 140.22 feet to land of Simon; thence along said land of Simon, land now or formerly of Zaiser, and land of Sims, South 21 degrees 21 minutes l0 seconds East, a distance of 189.05 feet to the northeasterly corner of said land of the party of tho second part; thence along said land of the party of the second part, two courses: (1) North 77 degrees 27 minutes 20 seconds West, a distance of lO0.0 foot; thence (2) South l0 degrees 33 minutes 40 seconds Nest, a distance of 150.0 feet to the point of beginning, said premises containing 1.258 acres according to so. trey by Van Tuyl & Son dated January 24, 1968. roads abutting the above described premises to the center lines thereof, TOCd:.il'IER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HA~E AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the p~rty of the second part forever. part in and to any streets and As%'~ 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 way whatever, except as aforesaid. Al~q) 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 he 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. ~N ~tffl-l~gg,~ ltVH~..I~,OF~ the party of the first part has duly executed this deed the day and year first above written. STATE OF NEW YORK, COUNTY OF SUFFOI~ )SS: On the ~-~ day of February, 1968, before me personally came KATHERINE SKWARA, to me known to be the individual described in and who executed the within instrument, and she executed the same. RECOI DEI · erk ~ ~ffolk ~ o~le~god to mo that she Outhe d~y~ personally came 19 to me known to be the individual described in and who executed the foregoing instrument, ;md acknowledged that STATI Of NEW YORK, COUNTY OF On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. ; that he is the of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. S~ATO ff NEW lrOfll~ C, OUlfl~' O~ the d~y 19 to me known to be the individual described in and who executed the foregoing instrument, and ~:~_qowledged that executed the same. STAI~E OF NEW YORK, COUNTY OIs Ss: On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. ; that he is the of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. ~.kll It! COVENANT AGAINST GRAN]OR'S AC]S TITLP NO-T-3385 KATHERINE SKWARA SECTION BLOCK LOT COUNTY OK TOWN TO CHESTER H. SKNARA and SkWARA, his wife JOYCE M. Recorded At Request o[ The Title Guarintee Company RIRTURN BY MAIL TO: STANDAIIO FOItM OF NEW YORK BOAItD OF nTLI UNOERWRITEILS THE TITLE GUARANTEE COMPANY TL(2Y Jr SOUIh0LD, N. Y, Zip No, T~ IND~wF~U~ day OF. November hundred and flCcy-eeven, ~ ~NTONE ~RA. ~R. and KATHERINR SXSRA, his wife, both residing at Peconlc, Suffol~ County, New YC~k, party of the first imx, aud ~E.qTEi~ H. SK~A..and J0~CE M. SXWARA, him wife, as tenants by the ~lrety, both residing st Peconic, 8ufiblk County, New Yom-k, NVI'I'I~&-I'li, that the party oi the first part, in conslderal~on of te~ dollars and other valuable cousidera{~o~ paid by the pa~-y of ~.e second part, does hereby grant and release uuto the party OF the second part, the heirs or successors and ~,~o~s of thc party of the second part forever, 'a~or parcel of land situate, lying and being at Peconlc, in the Tom of Southold, ~unty of S~f£olk end State of New York, bounded amd described ss follows: BEOINMINO at a monument on the ,erred northerly line of Wells RO~d, 3680 feet, .~re or leas, southerly amd westerly along said Wells Road from the Ma~n Road, said monument being at the southeasterly corner of land conveyed by the O.H.Wella ~state to Antone ~ksare, mr, a~d wife, amd the southwesterly corner of land conwe~ed by ~w. Terrlll to Arnold Sims; from said point of beginning r,mming westerly along said northerly lime of Wells Ro~d on a curve to the right having a r~dius of ~O?.l feet; a distance of 186.5 feet to a monument; thence along seld lend of Antone ~ere, and wife, 8 courses, as follows: (1) North 10 degrees ~3 minutes 40 seconds East s distance of 1~0.0 feet to e monumeet; thence (~) South 77 degrees ~ m~nutes ~0 seconds East a distance of 100.0 fe~ to a monument am~ said lan~ of Sims; ~hence along said land of Sims, South 21 degrees E1 minutes 10 seconds East a distance of 1~0.0 fee~ to the polat or place of be- gi~Xng. ~ TOGETH.I~R with all right, U.'tle and i~.tere~t, if any, of ~e party of the first part in and to any streets ~ roads abutiiug the above described premises to the center lin.es thereof; TOGETHER with the appurtenances iand all the estate and fights of the party of the first pan m and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, ~he heirs or successors and assigns of the party of the ~ part forever. AND the .{ert . of first pa t, '.m. co ..p uce s un of the. Lien Uaw, ?v. .t t the of the .first part w/Il recmve the cun?derstion ior this conveyance and w~ll hold the right to receive such consid- eration as a trust fund to be apphed first/or 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. . AND the party .of the first part covenants as follows: that .sm.. d pan'y of the first part is seized of the said pre.raises in f.~ simp!e, and has good .n.'ght to.convey the same, .t~at the party of the second part shall quietly ~enJoy the ~ald pr~m~me~.; that the said prenuses are free from maunbrances, ~ as aforesaid;.that the party of the first part will exeen~ or procure any further necessary assurance of the title to said prenuses; and that said party of the first part will forever warrant the title to said pr~m ,es. ~::~The wold *'pal'ty" shall be Coastrued as ii it read "par~es" whenever the sense of this indenture so requires. IN Wl-ri, llL~ WHEREOF, the party of the first part has duly executed this deed the day and year first above (Antcue Skiers, Sr.) ) STALE C)F NEW~bT~KK, GOUNTY OF $~: f STATE OF NEW YORK. COUNTY OF On the ~ day of Novml:~r, 19 1578~le{ore me On the day of personally came ~ personally ~_ff~, his to me known to be the individuM S described in and who executed the foregoing instrument, and acknowledged that ~ they.~ex--e~ted the sa.u~~. }O~[PH /[. KRUPSKI I~lo~ry Public, State of New York 52-2211200, Suffolk County ]'arm f. xpires March 30, 19.~9 STATE OF NEW YORK, COUNTY OF ss: On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. ; that he is the of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. 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. 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. l. Are there any proposals to chang~ o~ alter land contours? Yes No 2.a)Are there any areas which con~in wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference.) Yes No b)Are there any areas open to a waterway without bulkhead? Yes 3. Are there existing structures at or below ground level, such as patios, foundations, etc? Foundation for residence 4. Are there any existing or proposed fences, concrete barriers, decks, etc? If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground level? State total: ' ft. If project is proposed for principal building or structure, is total height at more than 35 feet above average groundl-~-~l? State total: ft. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Are there any building permits pending on this parcel (or abutting land under your ownership, if any)? State Permit ~ and Nature: Yes No Yes No Yes No Yes NO Yes No Yes No e Do state whether or not applications are. pending concerning these premises before any other department or agency (State, Town, County, .Village, etc.){ SetoEf (to be submitte~ upon Planning Board approval of variance) Town Board ~ Town Trustees County Health Department set off Village of Greenport N.Y.S.D.E.C. Other Yes No ~ No Yes No Yes No Yes No Yes ~ Yes No 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from cqnt~act) 11. Is new construction proposed in the area of contours at 5 feet or less as exists? 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? Yes No Yes No Yes No !Property Own~ ~u~aor~zeu Agent) Slgna=ure 1/88 13. Please list present use or operations conducted upon the subject property at this time one family residence and proposed one family residence, sell vacant ~arcel Please submit photographs ~or the record. I Certify that the above statements are true and are being submitted for reliance by the Board of Appe~s in ~my application. TOWN OF SOUTHOLD \ \ \ \ LINE J"Y" L~ .... J © COUNTY OF SUFFOLK ]~ J' ~ ~L~,~;~;; ........ ReaJ Properly Tax Serv,ce AgencyJv.-L, q~T-J I R-80 R-'8Q R-8Q, R-80 LITTLE BAY PEG 0 NIC A-C ~ Agricultural Con~en~ofio~ ~ Re~i~enfiol Low Den~ily AA R-80 R-' 80, R-80 R- ] LITTLE BAY PEGONIG A-C Agricultural Conservation Re,~denfia Low Dansilv AA BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of to the Board of Appeals of the Town of Southold TO: NOTICE TO ADJACENT Richmond Creek Associates. 29 Park Avenue, PROPERTY OWNER Manhasset~ New York 11030 John R. Mehrman, 83 Circuit Road, Bellport, NY 11713 Rev. John Agria, Wells Road, Peconic, New York 11958 Charles John Cain & Mary Louise Cain, 396 Rock Road, Glen Rock, N.Jo YOU ARE HEREBY GIVEN NOTICE: 1. Th~intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a~Vanance)/l(Special Exception) (Special Permit) (Other) [circle choice] ). 07452 2. Thattheproperty whichisthesubiectofthePetitionislocatedadiacenttoyourpropertyandisdes. cribedasfollows: Prnper~y nf ~he~t~r R~w~r~ and ,7~y~ ~,~ar~ ~n w~]]~ Peconic, New York bounded North/Mehrman, Agria and Walsh, South and East/Wells Road, West/Richmond Creek Associates 3. Thatthepropert¥ whichisthesubjectofsuchPetitionislocatedinthefollowingzoningdistrict: Residential Low Density A 4 Thatb~suchPefifion, theundersignedwillrequestthefollowingrelief: To divide a 76,992 square foot parcel with one house into two separate parcels, one with the house, and the other to be vacant 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Section 100-32 [ ] Section 280-A, New York Town Law f0~ appr0va] of access over ri§ht($)-0f-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 regu ar office hours. (516) 7~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: z4px-// '~ 0., t ~ ~'~ Petitioner ~SSk / 0wner$'Name$:Cheste wara & Jo¥c_e Skwara Post Office Address 3720 Wells Road Peconic, New York 11958 Te]. No. ( 516 ) 765-2741 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NA~ STATE OF NEW YORK ) COUNTYOFSUFFOLK) ? 808 954 938 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE pRQ¥1DER N0~ FOR iNTRRNATJONAt MAIL (See Reverse) )TICE 2E P 808 954 939 RECEIPT FOR $~ ~ANL NOT FOR INT~RNAflONAL MAIL (See Reverse) ~n R. Mehrman Street and NO 83 Circuit Road P 0. State and ZIP Code Bellport, NY 11713 Postage TOTAt Postage and~-'~. S / ~ / ? rs. Gohn ~ls Road Postmark or Date :, ~:~, / ~t~ I'~ ¥ , being duly swor6, deposes and says that on the o7(~ day of /~l~(il ,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- ficea~L__.~L'(ffj,t~OJ~Lmail__ ~, ;that said Notices were mailed to each of said persons by ((~tified~ (registereal . Sworn tO t~efore,me this ~-~'~'~ day of /4~/~// ,/19 (This side does not have to be completed on form transmitted to adjoining property owners.) EL 'OWN \ cREEK LINE COUNTY OF SUFFOLK Property Tax Service Agency ¥~ILL~ Courtly Cenler D{STi~ Riverheod. L. I New Yore