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APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, .IR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. · Southold Town Board of Appeals MAIN ROAD -STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX NO. (516) 765-1823 ACTION OF THE BOARD OF APPEALS Appl. No. 3877 Matter of HERBERT MACOMBER - Variance to the Zoning Ordinance, Article XXIV, Section 100-244 B, for permission to construct a deck with ramp, proposed construction will have insufficient side yard setbacks, property Location: 250 Anglers Road, Greenport, County Tax Map No. 1000, Section 36, Block 2, Lot ~o.~ WHEREAS, a public hearing was held and concluded on November 8, 1989 in the matter of the Application of HERBERT MACOMBER, under Appeal No. 3877; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning; and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the east side of Manhasset Avenue, Hamlet of Greenport, and is identified on the Suffolk County Tax Maps as District 1000, Section 36, Block 2, Lot 2. This is an application for Variances from the Zoning Code Article XXIV, Section 100-244 B, for permission to construct a deck with ramp, proposed construction will have insufficient side yard setbacks. 'Page 2 - Appl. No. 3877 Matter of HERBERT MACOMBER Decision rendered November 8, 1989 3. Article XXIV, Section 100-244 B, A nonconforming lot separately owned and not adjoining any lot or land in the same ownership at the effective date of this Article and not adjoining any lot or land in the same ownership at any time subsequent to such date may be used, or a building or structure may be erected on such lot for use, in accordance with all the other applicable provisions of this chapter, provided that proof of such separate ownership is submitted in the form of an abstract of title showing the changes of title to said lot, which abstract shall be in the usual form, shall be certified by an attorney or a company regularly doing such work in Suffolk County or by a corporation duly licensed to examine and ensure title to real property in Suffolk County and shall contain a certification that no contiguous property was owned by an owner of the property involved since the date of any previously applicable Zoning Law. Such lot shall be granted relief for front side and rear yard dimensions as follows: 4. In considering this application, the Board finds and determines: (a) that the circumstances of this application are uniquely related to the premises and its established nonconformities; (b) that there is no other method for appellants to pursue; and placing the proposed ramp in any other location on the premises will require other variance relief; (c) that the area chosen for the ramp is not unreasonably located; (d) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (e) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance, as applied. Accordingly on motion by Mr. Dinizio, Seconded by Mr. Doyen, it was ?age 3 - Appl. No. 3877 Matter of HERBERT MACOMBER Decision rendered November B, 1989 RESOLVED, to GRANT a variance application of HERBERT MACOMBER as for placement of a deck and ramp. in the matter of the applied under Appeal No. 3877 Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen and Dinizio (Absent Joseph Sawicki). This resolution was duly adopted. df GERARD P. GOEHRINGER, RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE~- ~ ~- ?~ HOUR ~' ~0 ~ Town Clerk, Town of Scuthold 0 PICE: N 84 50 50 E. APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZ[O, 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 TOW~q BOARD OF APPEALS at a Regular Meeting, at Southold Town Hall, Main Road, Southold, NY 11971, on WEDNESDAY, NOVEMBER 8, 1989, at the following times: 7:30 p.m. Appl. No. 3867 - RICHARD AND PATRICIA SNOW - Variance to the Zoning Ordinance, Article XXIII, Section 100-231A, as disapproved, for permission to construct a fence, exceeds permitted 4 feet. Property Location: 1585 Long Creek Drive, Southold, County Tax Map No. 1000, Section 55, Block 07, Lot 03. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of November 8, 1989 7:35 p.m. Appl. No. 3885 - FRED AND CAROL HIDDINK - Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, as disapproved, for permission to construct an accessory inground pool, proposed construction will exceed permitted lot coverage in this R-40 Zone District. Property Location: 614 Bailey Avenue, Greenport, County Tax Map No. 1000, Section 34, Block 04, Lot 05. ~.hl~ 7:40 p.m. Appl. No. 3877 - HERBERT MACOMBER. Variance to> Zoning Ordinance, Article XXIV, Section 100-244 B, as approved, for permission to construct a deck with ramp, ~ / proposed construction will have insufficient side yard setbacks. Property Location: 250 Anglers, Road, Greenport, County Tax Map No. 1000, Section 36, Block 2, Lot ~%.~ j 7:45 p.m. Appl. No. 3880 - FRED AND DIANE STERN. Variance to the Zoning Ordinance, Article XXIV, Section 100-244, for permission to construct a deck addition ko existing dwelling, proposed construction will have insufficient rear yard setbacks. Property Location: 2110 $igsbee Road, Mattituck, County Tax Map No. 1000, Section 144, Block 1, Lot 17. Page 3 - Notice of Hearing Southold Town Board of Appeals Regular Meeting of November 8, 1989 7:50 p.m. Appl. No. 3871 - RICHARD AND JOAN GIBBS. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.4, (Article III, Section 100-33, as disapproved), for permission to construct an accessory building in front yard area. Property Location: 2140 Deep Hole Drive, Mattituck, County Tax Map No. 1000, Section 123, Block 4, Lot 4. 7:55 p.m. Appl. No. 3869 - WARREN AND SUSAN CANNON. Variance to the Zoning Ordinance, Article III, Section 100-32, for approval to construct poolhouse, pool and accessory garage in front yard area in this R-80 Zone District. Property Location: 4625 Aldrich Lane, Ext, Mattituck, County Tax Map No. 1000, Section 112, Block 01, Lot 14. 8:00 p.m. Appl. No. 3876 - JOHN P. DEWAR. Variance to the Zoning Ordinance, Article XXIV, Section 100-244, for approval to construct an attached deck, proposed construction will have insufficient front yard setbacks in this R-40 Zone District. Property Location: 4420 Oaklawn Avenue, $outhold, County Tax Map No. 1000, Section 70, Block 9, Section 46. Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of November 8, 1989 8:05 p.m. Appl. No. 3878 - ROBERT POTDEVIN. Variance to the zoning Ordinance, Article III A, Section 100-30 A.3, (Article XXIII, Section 100-239d (B), for permission to construct an addition to existing one family dwelling, proposed construction will have insufficient side yard setbacks and is within 75 ft from the bulkhead. Property Location: 4250 Peconic Bay Boulevard, Laurel, County Tax Map No. 1000, Section 128, Block 4, Lot 23. 8:10 p.m. Appl. No. 3883 - BEST AND SYVERSON. Variance to the Zoning Ordinance, Article XXIV, Section 100-241 A, for permission to construct alterations, additions and conversion to year round use to existing dwelling, proposed construction will have non-conforming uses in this R-40 Zone District. Property Location: 420 Private Road 917 off of Mineola Road, Mattituck, County Tax Map No. 1000, Section 123, Block 6, Lot 17. Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of November 8, 1989 8:15 p.m. Appl. No. 3872 - COMPASS TRANSPORTS (Markakis). Variance to the Zoning Ordinance, Article XXV, Section 100-250, for approval of site plan before any certificate of Occupancy or building permits can be issued in this Hamlet Business District (HB). Property Location: 175 Boisseau Avenue, County Tax Map No. 1000, Section 062, Block 01,Lot 16. Zoning Southold, 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 cormnents may also be submitted prior to the conclusion of the 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: October 30, 1989. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL · .... PLEASE TAKE NOTICE that your application dated 0~.~/../. ~/ 19 ~.. ~. .....,~,~...: ........ ...~ ........ fo rpe~itto ~~.~.~...~~.~~ ~.at ~o~xo~ o~o~ . . .~.~ .......... ~.~. .~ ..................... House ~o. ~ Street Hamlet County Tax Map No. i000 Section ..... ~. ~. .... Block ....... ~ .... Lot .~. ~ A ...... Subdivision ................. Filed Map No ................. Lot No .... 'U ........... is returned ~erewith and disapproved on the following grounds..~/~...~.~. ~ .~.~.~?¢ .... ~..~.~.~.¢....~., .... ~,~..~....~.~ ........ ~F~/5-:~ ~ < . -'~-~ -: ~- -,----~:" ' ~ .... ~...~.~.o~ .... .~..~...~...~~. ............. RV 1/80 TOWN OF SOUTHOI,~. ~iL/V~ORK o ~ C~.~ APPEAL FROM DECISION OF BUILDING INSPECTO~ ' ' TO THE ZONING BOARD OF APPEALS, TO'~I~!I~J~O~D, N. Y. Name of Appellant ~reet and Number ~ ..VL..c( HERESY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of .......... ........ ......... ..... ~treet and I~umber MuniCipality State ( ) PERMIT TO USE ('/~ PERMIT FOR OCCUPANCY 1 LOCATION OF THE PROPERTY ~..~.--~.-..(~),~..~.....~-...,,Y/',.~, ........ ' 0Street /Hamlet / Use District on Zoning Map District 1000 Sectiono~~ Blockd Lot ~ . ...................................................................... t, urrent Owner ~:~z~ ~i~9o~u,~ /o~a,~[~ Map No. Lot ~0,! Prior Owner ~w_~ ~r ~ 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 xXlb/ Section 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 Chap. 6:2 Cons. Laws Art. 16 Sec. 280A Subsection 3 4, PREVIOUS APPEAL A previous appeal (has) (~t) been mode with respect to this decision of the Building Inspector or with respect to this property, Such appeal was ( ) request ~or 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 ( ) is requested for the reason that ~ ~ x~ ~'orm ~.B1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sor~ HARDSHIP because ~ /¢~ ~*~ ~ ~¢~,~,_ ~ (~¢.~:.~ 2. The hardship created is UNIQUE and is not shared, by all properties alike in the immediate vicinity of this property and in this use district because ~ ~ ~ ~ 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because ~ ~c ~,b qt I~, ~ ~ ~*~.2~C~~ STATE OF NEW YORK ) ' ) ss .... ..... ........................ COUNTY OF ) Signature Sworn to this .............................................. day of ................ 19 Notary Public /~ ~ o ~ ~- 2 - ~c~ ~ TOWN OF SOUTHO OPERTY RECORD CARD OWNER FORMER OWNER STREL~ VILLAGE DISTRICT SUB. LOT RES. LAND AGE N , E _ -- _ ACREAGE S ~,.. ' Wb ~ .,'- , ~.j TYPE OF BUILDING TOTAL I DATE I R~RKS XA~. ,~. "--"[~' ~ ~o. ' ~/>~/~o ~,-~'~:' ~" ~' :~,~0.?'~::' -"~<~ '. ' '/ .. z ~ .-. ' t ' BUILDING CONDITI~3~,I NEW Farm Tillable I Tillable 2 Tillable 3 Wcodland Swampland Brushland House Plot~ Total NORMAL Acre BELOW Value Per Acre ABOVE Value Extension Extension Extension Breezew= G.amge .3/ Foundation Basement Walls Patio Bath Floors Interior Finish Heat Porch Attic Porch Rooms 1st Floor Rooms 2.nd Floor DEPARTMENT OF PLANNING COUNTY 'Of SUFFOL~· PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE 360-5206 ARTHUR H. KUNZ DIRECTOR OF PLANNING December 28, 1989 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A I4-14 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) Richard & Patricia Snow Warren & Susan Cannon John Costello ~erbert Macomber 3867 3869 3875 3877 Very truly yours, Arthur H. Kunz Director of Planning GGN:mb S/s Gerald G. Newma~ Chief Planner APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAtRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: XX Variance from the Zoning Code, ArticlexxIV SectionlOO-244B Variance Special from Determination of South~ld Town Building Inspector Exception, Article , Section Special Permit Appeal No.: 3877 Applicant: Herbert Macomber Location of Affected Land: 250 Anglers RoaS, Greenport, County Within XX Tax Map Item No.: 1000-36-2-1 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) NY State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State Boundary of Existing or Proposed County, State Other Recreation Area or Federally Owned Land or Federal Park or or Existing or Proposed Right-of Way of Any Stream or Drainage Owned by the County or for Which The County Has Established Lines, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. Channel Channel COMMEttTS: Applicant is requesting permission to construct a deck with ramp. Proposed construction will have insofficient side yard setbacks. Copies of To~.~n file and related documents enclosed for your review. Dated: December 21, 1989 $ th Id To B O~l 0 W~ our o ~u MAIN ROAD ' STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 76~18~ FAX NO. (516) 76~1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, .JR. SERGE DOYEN, .JR. JOSEPH H. SAWtCKI JAMES DINIZIO, .JR. December 20, 1989 Ms. Louise Macomber 9200 Gregory Drive Richmond Virginia 23236 Re: Appl. No. 3877 - Herbert Macomber (Variance) Dear Ms. Macomber: Transmitted for your records is a copy of the recent determination rendered by the Board of Appeals concerning your application. Please be sure to return to the Building Department and all other involved agencies for proper permits as may be necessary before commencing construction activities. A copy of this decision has simultaneously been transmitted to the Building Inspectors' Office for their files and update. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda Enclosure Copy of Decision to: Building Inspectors' County Planning Office 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 speak in favor of this application? Anybody who would like to speak this application? Seeing no hands board members? THE BOARD: No. MR. GOEHRINGER: Seeing questions, I make a motion to against -- any questions from there's no reserve the 8 in favor? decision until later. MR. DOYEN: Second. MR. GOEHRINGER: Ail THE BOARD: Aye. MR. GOEHRINGER: Next appeal is on behalf of Herbert Macomber, appeal number 3877. Legal notice reads as follows: Appeal number 3877, variance to the Zoning Ordinance, for permission to construct a deck with ramp, proposed construction will have insufficient side yard setbacks, Article XXIV, Section 100-244 B. Property Location: 250 Anglers Road, Greenport, County Tax Map No. 1000, Section 36, Block 2, Lot 1. I have a copy of the survey most recent date July 28th 1989 indicating a one story framed house. And the RAM COURT REPORTING SERVICE (516) 727-3168 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 9 nature of this application is a concrete approach to a deck and I assume that's close to the south side of the house, which the nature of the application is its proximity to that particular property on its side. And I have a copy of the Suffolk County tax map indicating this and surrounding properties in the area. Which one of you would like to speak? MRS. MACOMBER: Seeing this is mostly my problem, I should have something to say. We built our deck because we needed it right away. We couldn't wait for the board to approve it and it is built over the sidewalk that was there and it is close to the property. And I believe you have a letter from Mrs. Claven Ryneford approving of the deck only wishing it was in her yard instead of mine. But otherwise nobody else has disapproved of it and it's a necessity as far much as me that I can't walk up the steps. MR. GOEHRINGER: Okay. We thank you very for coming tonight, Mrs. Macomber. Is there anybody else who would like to in favor of this application? Anybody who would like to speak against speak RAM COURT REPORTING SERVICE (516) 727-3168 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the application? I should really pause in between, I apologize. Hearing no further comments I'm making a motion to close the hearing reserving the decision until later. THE BOARD: Aye. MR. GOEHRINGER: of Dr. Fredrick Stern Ail in favor? Next appeal is on behalf and Diane Stern. Appeal number is 3880. The legal notice reads as follows: Variance to the Zoning Ordinance, for permission to construct a deck addition to existing dwelling, proposed construction will have insufficient rear yard setbacks, Article XXIV, Section 100-244. Property Location: 2100 Sigsbee Road, Mattituck, County Tax Map No. 1000, Section 144, Block 1, Lot 17. I have a copy of a survey produced by Young and Young indicating an existing one story framed house placed approximately in the center of lot number 42 of this particular subdivision map. And indicating a proposed deck of approximately 18 by 22 showing an insufficient rear yard of 29 10 RAM COURT REPORTING SERVICE (516) 727-3168 Southold Town Board of Appeals ~ 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. October 30~ 1989 Mrs. Louise Macomber 9200 Gregory Drive Richmond, Virginia 23236 Re: Appl. No. 3877 - Herbert Macomber (Variance) Dear Mrs. Macomber: This letter will acknowledge receipt of your application for a variance and confirm that the Board Members are individually conducting field inspections and review as may be required by state and local laws during the next couple of weeks concerning your application. In the interim, we ask that the outside corners of the proposed construction be flagged, if not already done so. The public hearing on this application is expected to be held on or about November 8, 1989, at the Southold Town Hall, Main Road, Southold and a copy of the notice of hearings as published in the Long Island Traveler-Watchman and the Suffolk Times will be sent to you as confirmation (with the exact time) in the near future. We do sincerely thank you for your continued patience during this period of transition within our department. Yours very truly, ~, GERARD P. GOEHRINGER~ CHAIRMAN dff September 19, 1989 Zoning Board of Appeals Town of Southold Main Road Southold, New York 11971 Gentlemen: I have received your Notice to Adjacent Property Owner in the matter of my neighbors, Herb and Louise Macomber's request for a variance for construction on their property located at 250 AnglerB Road, Greenport. I am aware of this construction and have no objection to its proximity to my property. The ramp was necessary so that Louise Macomber could gain access and egress to and from her house when she began using a cane walker and wheel chair. It is well constructed and is an attractive addition and cannot even be seen from AnglerB Road. I will be unable to attend any public hearing in this matter and would like this letter to represent my viewpoint. I have no objection to a variance being granted for this construction. Very truly yours, Josephino Clav±n JUDITH T. TERRY TOWN CLERK To: From: Dated: Transmitted herewith is Zoning Appeal No. Herbert and Louise Macomber OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Southold Town Zoning Board of Appeals Judith T. Terry· Southold Town Clerk ?-/- 3877 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 · application of for a variance. Also included is: Notification to Adjacent Property Owners; Short Environmental Assessment Form letter 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 i~ I~Q. Io°° STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Patricia Heanev of Mattltuck, In said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattltuck, in the Town of Southold, County of Suffolk and State of New York, end that the Notice of which the annexed is a printed oopy, has been regularly published in said Newspaper once each week for 1 weeks successively, commencing on the. 2nd day of ~1989 Si/om to before me th NOTICI9 ,~a. HEARINGS NO~ICE IS~HEREBY GIVEN, IX~suant to S~dm 267 of ~ To~ ~w ~d ~ of ~ Town of Sou~old~ ~e f~g hearings will ~ held by the SOUTHOLD ~ BO~ OF APPEA~ at a ~r M~g, at ~old To~ Hall Main Road, Southold, NY 11971, on WEDNESDAY, NO~ 8. 1989, at ~e f~- 7:30 p.m. Appl. No. 3867 -- ~ ~ PA~ ~OW -- Valance to ~e Zoning Ordi- 7:35 p.m. Appl. No. 3885 ~ v ,C~nty Tax Map Nc~: 1000. Se~ion 36, Block 2, Lot I. ~ 7:45 p.m. Appl. No. 3880 -- ~;~ FRED AND DIANE STER/~ --- t V~dance m the Zeuin80rdin~, don to existing dwelUns, propose~ construction wU] have ins.fficlmt ~r yard set. cks. Propony Loca- tim: 2110 Sigsbee Road, i~uisuck, County Tax Map No. 1000, Secthm i ' 144, Blockl, L~lT. ~. ~ 7:50 p.m. AppL No, 3871 -- I~CHARD AND lOAN GIBBS -- ~ : A~icle I~ A, S~ctio~ 100-30 A.4,%~ '- (A.~cl~ 1~ S~lon 1(~33,. Anicin rll .% Section 100-30 A.3, as ,' npproved), for permission to con- disapprove~ f~- permission to c~m- ~. < ~stmct an nccesseo/binldin8 in f~m struct an accessory ingreund pool, ~ yard am~. Property Locsfim: 2140 proposed construction will exceed [ i I~p Hole D6ve, Mnulmd~. Comfy pcmritted lot coverage in this R-40 ~' Tax Map No. 1000. Section 123. Zone District. Property Location: 614 Bailey Avenue, Greenpon, County T~x Map No. 10~0, Section [ WARRI~ AND SUSAN CANNON -- Variance to the Zo~in80rdl- nmce, Article I~ Section 100-32, HERBERT MACOMBER -- Vari- ~ [ fo~approvaltoc~'uctpcolhouse, race to the Zoning Ordinance, Arti- cle XXIV, Section 100-244 B, as I ! ya~la~ainthis R-8OZene Distil. disapproved, for petmlssion to Lane, Ext., Mattlmck, Cmmty Tax,, construction will have insufficient [ [ Map No. 1000, Section 112, Bio,iff' side ye_rd seibacks. Properly Loca- ~~tion~250 An lers Road, Greenpert, IOHN E DEWAR-- V~isnceto d~8:00 p.m. AppL No. 3876. -- -, 8:15 p.m. AppL No. 3872 -- Z~in80~tinanc~, A~icle XXIV, COMPASS TRANSPORTS (Markakis) -- Variance to the Zon- ing Ordinance, Article XXV, Sectkxt 100-250, for approval of site plan befere any cent=ate of Occupanc~ or building p~tmits can I~ issued in this Hamlet Business Zoning Dis-~c uict (HB). Property Location: Boisse~u Avenue, Southo~d, County Tax Map No. 1000, Section 062~, Block 01. Let 16. The Board of Appeals will st ~id ~ime and place hear any and all p~'- sm~s or r~presmtetivcs designl to be heard in =ach of the above mare:rs. WHiten c~rnrnents may nho be sub- mitt=d prior to the cenclusi~ of t~ hearing. Each hearinI will ncr stnn. before the time allcued. Additional. time for you~.l~eS~ntation will be available,~"-needed. For m~3~ info~- marion, please call 765-1809. Recovering H=aring of S~-I~ 21st, 1989 application' #3770 PORT OF EGYPT. l~t~d: Octobur 30, 1989. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CItAIRMAN By Do~en Ferwerda 64~5-1TN2 Section 100-244, for approval to ce~stmction will have insufficient front yard setbacks in this R-40 Zone DistSct. Property Location: 4420 Oakinwn Avenue, Somhold, C.~mty T~x Map No. 1000, Se~ie~ 70, Block 9, L~ 46. 8:05 p.m. AppL No. 3878 -- ROBERT POTDEVIN -- Variance to thc Zm~ing Ordinance, A~de IH A, Secttou 100-30 A.3, (Article XXHI, Section 100-239d (B), for pemilssloa to construct an ~dditic~ to existing eec family dwelling, pmed constmcfiou will have insuffi- clem side ymd setbacks and is with- in 75 fc from the bulkhead. Property Locatint~: 4250 Peconic Bay Beule- yard, Laurel. County Tax Map No. 1000, Section 128, Block 4, Lot 23.. 8:10 p.m. AppL No. 3883 BEST AND SYVERSON -- Variance to the Zoning Ordinance, Article XX1V, Section 100-241 A, for per. mission to construct alterations. additions aud conversion to year round use to cx~sdng dwclllng, posed construction will h~ve non- conforming uses in this R-40 Zone rate Road No. 17 off of Mineoin Road. Mattituck, County Tax Map No. 1000, Sectkm 123, Block 6, Lot 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 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX No. (516) 765-1823 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the times allotted in the allotted in the attached Legal Notice. Please feel free to call our office prior to the hearing date if you have questions or wish to update your file. GERARD P. GOEHRINGER CHAIRMAN dff Copies to the following on or about November 2, 1989: Suffolk Times, Inc. L.I. Traveler-Watchman Town Clerk Bulletin Board (Main Lobby) ZBA Office Bulletin Board ZBA Board Members (with file copies) ZBA Individual Files Mr. Richard W. Snow, 2 Ashley Court, East Islip, NY 11730 Mr. and Mrs. Fred Hiddink, 614 Bailey Avenue, Greenport, N~ 11944 Mrs. Louise Macomber, 9200 Gregory Drive, Richmond, Virginia 23236 Mr. and Mrs. Frederic L. Stern, 3443 Bay Front Drive, Baldwin Harbor~ NY 11510 Mr. and Mrs. Richard Gibbs, 8 Sunnyside Lane, Westport, CT 06088 Mr. Donald Denis, Main Road, Aquebogue, NY 11931 Mr. and Mrs. Warren Cannon, 4625 Aldrich Lane Ext., Mr. Michael C. Eckhardt, 1000 9th Street, Driftwood Cove, Box 115, Greenport, NY 11944 Mr. Robert Potdevin, 208 Beechwood Road, Ridgewood, NJ 07450 Mr. Frederich S. Wallerius, 4230 Peconic Bay Boulevard, Laurel, NY 11948 Wickham, Wickham and Bressler P.C., P.O. Box 1424, Mattituck, 11952 Ms. Adlyn J. Syverson, 9 Boston Road, Bellrose, NY 11426 Ms. Margaret Best, P.O. Box 609, Mattituck, NY 11952 Ms. Mary Smith, Y-5, Gilgo Beach, NY 11702 Mr. Andreas E. Markakis a/c Compass Transports S.A. 175 Boissea Avenue, Southold, NY 11971 Wesley Bednoski, 340 Soundview Avenue, Southold, 11971 Southold Town Board of Appeals MAIN ROAD- STATE RnAD 25 SFiUTH{:]LD. L.I.. N.Y. llg?l TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. TYPE II November 8, 1989 S.E.Q.R.A. ACTION DECLARATION Appeal No. 3877 Project/Applicants: County Tax Map No. Location of Project: HERBERT MACOMBER 1000-36-2-1 250 Anglers Road, Greenport Relief Requested/Jurisdiction Before This Board in this Project: Construct deck with ramp insufficient side yard setbacks. This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board's area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617.2jj, this Department is excluded as an involved agency. This determination shall not, however, affect any other agency's interest as an involved agency under SEQRA 617.2jj. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. tm 617.:~- Appendix C State Environmental QuaLity Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTiONs Only PART I--PROJECT tNFORMATIQN (To be comlaleted by Applicant or Project sponsor) 1o APPLICANT/SPONSOR ~ L~) ~,~ ~.~E / ~-- _[ ~o RROJECTNAME ~ SEQR S. IS PROPOSED ACTJCN: 6. DESCRIBE PROJECT BRIEFLY; g. WHAT IS PRESEt~T LAND USE iN VICINiTy OF PROJECT? It yes, tis! agency(s) and permiflapprovais DCES ACTIOn4 It~VOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELy FROM ANY OTHER OOVERNMENFAL AGENCy (FE;~ERAL~ STATE OR LOCAL}? I I · DOES ANY ASPECT CF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OR MY KNOWLEDGE J~'~lf the action is i~-the Co ...... ~ ~,~,-~ ,~rea. and you are a state agency, Comnfote the ~Coastal Assessmen..n_~t Form before proceeding with this as'"~essm;nt OVER ~ I (Co~tinue~ o~ ~eve~se side) of th~e/'y'$' Znviro6z,,tal · · term, and au ~J Quality Review Ac S}{--~ORT-~IRON~ENTAL ASSESSMENT ~NSTRUCTro~S. ' -- -- -- (a) in order to answer the questions in this short EA~ it is assumed that the Preparer will Use currently available information ¢oncernin~ the project and the likely impact- Of the additional studies, research action. It is nos exgected that ir other investigations will be Undertaken. (b) If any question has been answered Yes the project may be sig- (c) If all questions have been answered NO it is likely that the projec: ia non significant. (d} En_~virCnmental Assessmen~t 1. Will project result in a larce uhysical chance to the prelect site or physicaliy alter more than 10 acres of land? 2. Will there be a major change to any Unique or unUSual land form on the sitE? 3.WAll project alter or have a large effect on ~¥es an exlstlng body of wa~er? 4.Will 9rojec= have a potentially large, imDac~ on groundwater quality? 5. Will project significantly effect drainage flow on adjacen~ si~es? , ~Yes 6. Will project affect any threatened or endancered plan~ or animal Species? - 7. Will project resula in a major adverse effect on~Yes ~No air quall~y? 8. Will project have a major effect on visual char- Yes ~o known to be importan~ ~o the CO--unity? - Yes 9. Will project adversely impact any site or importance or any site designated as a critical envArcamental area by a local agency? ~es /~No 10. Will project have a m~jor effect on existing or future recreational opportunities? 11. Will ~rOjec~ resul~ in major traffic problems or cause a ma]or e~fuct to exln~ing transpor=a~loa Will project rugular~ cause objectionable odors, 13. Will DrOject have any impac: on public health 14. Will prelect affect the existing co,unity b~ ~Yes ~o directly causing a growth in permanun~ tion of more thao 5 percent over a one-year ~YeS Charact~ of ~he CO~un~=y or ne~ghboraood? ~5. Is there P~lic controversy COncerning the pro,et=? QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED ~TH YOUR APPLICATION FO~4S 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 ~o 2.a)Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference.) b)Are there any areas open to a waterway without bulkhead? 3. Are there existing structures at or below ground level, such as patios, foundations, etc? Yes Yes Yes ~ 4. Are there any existing or proposed fences, concrete barriers, decks, etc? 5. If project is proposed for an accessory building or structure, i~ total height at more than 18 feet above average ground 1-~-~17 State total: ft. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total: ft. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Are there any building permits pending on this parcel (or abutting land under your ownership, if any)? State Permit # and Nature: Yes Yes Yes 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 Yes Yes Yes Yes Yes Yes 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from contract) Yes ~ 11. Is new construction proposed in the area of contours 5 feet or less as exists? Yes ~ at 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? Ye s No~ 13. Please list present use or operations conducted upon the subject property, at this time Please submit photographs four t~e ~ecordl I certify that the above statements are true and are being submitted for reliance by the Board of Appeals in considering my application. Signature (Property Owner) (Authorized Agent) 1/88 WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 by L.L. No. 6-1985]: A. TIDAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with, or which border on, tidal waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet, including but not limited to banks, bogs, salt marsh, swamps, meadows, flats or other low lying lands subject to tidal action; (2) All banks, bogs, meadows, fiats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following: salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel, marshmallow and Iow march cordgrass; and/or All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESHWATER WETLANI)S: (1) "Freshwater wetlands" as defined in Article 24, Ti- tle 1, § 24-0107, Subdivisions l(a) to l(d) inclusive, of the Environmental Conservation Law of the State of New York; and (2) All land immediately adjacent to a "freshwater wet- land," as defined in Subsection B(1) and lying with- in seventy-five {75) feet landward of the most land- ward edge of a "fi'eshwater wetland." 9705 z.2a.s5 Made the and 6£t¥ -s ix etWeen 20 th SA~LUEL LEVINE day of July residing at Greenport, nineteen hundred Suffolk County, New York and ED~L% A. BR0%fN residing at East LL~rion, Suffolk County, New York, and Hh~B~T County~ Uew York part irs o£ the Brst part, and LO IISE JA~O.~=~l~ hz~ ~.rife. both },~COLiBE~/~ residing at Oreenport~ Suff61k l[itnesaetb, that the part of the "rst part, in consideration ( lO.0O) ................. of the second part, Ten and 00/100 - Dollars, lawful money of the United States, do and other good and valuable considerations of the second part paid by the part o£ the second part, heirs hereby grant and release unto the part and assigns foreve~ ~ that certain piece or parcel of land, situate, lying and being near the village of Grsenport, in the T~vn of Southold, County of Suffolk and State of New York, bounded and described as follows:- BEGInnING at a point described as follows: FROM the intersection of 'the northerly line of ~,~nhanset Avenue with the easterly line of Anglers Road and running thence along the easterly line of anglers Road, ~';o courses, as follows: (1) N. 21 deg. 2~' 10,, E. ninety-two 'and 86/100tbs (92.86) feet; thence (2) N. 5 deg. 09' 10,' W. one hundred eighty-four and $ifty-six hundredths (184.56) feet; thence at right angles to the last described line, N. 84 deg. 50' 50" E. one hundred ~and no tenths (100.0) feet to the point of beginning at the northwest- ~erly corner of the premises hereby conveyed~ from the point above described running N. 84 deg. 50' 50" E. one hundred and no tenths feet; thence S. 5 deg. 09' 10" E. sixty and no tenths (60.0) feet; thence S. 84 deg. 50' 50' W. one hundred and no tenths (100.O) feet; thence N. 5 deg. 09' 10" ~. sixty and no tenths (60.0) feet to the point of beginning. (lOO.O) C~E~ ~:~,~ with a right of way over a ntrip of land loft2.' (,-,n) 2eel :}r,, ~1o .... ;,~a nhaus et Jlvenue. This conveyance is subject to the following restrictions: 1. That no trailers shall be parked or maintained on any part of the premises. 2. No fences shall be erected on said premises at a greater height than four feet. 4. 6. 7. 8. No cows, pigs or any other animal, except domestic pets, shall be maintained on the said premises. All materials used on the outside of any building shall be new mater ials. All foundations must be solid, such as poured concrete or cement block. No o~tside toilets shall be erected on said premises. Not more than one dwelling shall be erected on any plot less than sixty (60) fee~ in width. No building shall be erected on any plot within tv~enty (20) feet of any highway or proposed road, nor within seven (7) feet of the side lines of any sixty (60) foot plot. 9. No trade or business of any kind shall be carried on, on the said premises. 10. Sewerage and waste water shall be disposed of by grease trap and cesspool. The foregoing restrictions shall run with the land but the parties of ~he first part reserve the right to alter or annul any or all of the said restrictions without the consent of the owner of any other parcel of land, which may be subject to the same or similar restrictions. with the appurtenances and ali the estate and rights of the part ieso£ the first part in and to said premises. ~,0 ~a~ all~ ~ ~[~ the premises herein ~ranted unto the part o[ the second part, heirs and assigns'forever. ~[~[~J the said part ~-eS of the first part covenant ir t, ~That the part ies of the first part and ha Ve good right to convey the same, as follows: seized oI the said premises in fee simpIe, ~£fl]l~o --That the part of the second part shall quietly enjoy the said premises; ~i]:~.--That the said premises are £ree from incumbrances; ~Gll~[~.--That the part~_eS of the ~rst part will execute or procure any further necessary assur- ance o[ the title to said premises; ~i[t~. --That the part J-es o£ the first part will forever warrant the title to said premises. ~iX[~. --That the grantor, in compliance with Section 13 of the Lien Law, covenants that the grantor will receive the consideration for this conveyance and wiIl hold the right to receive such consid- eration as a trust £und to be applied first for the purpose of paying the cost of the improvement and that the grantor 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. t rtof, part ies o£ the rst part ha Ye hereunto set their hand~ and seal S the day. and year first above written. ~t~t~t= of N'~L" YORI£ ~ On the ~Ot?] day of ~eiore me came July nineteen hundred and fiity-S S~*,~U.aL L~¥il~E and ~'nNA A. BRO:.~q to me known and known to me to be the individual s deacribed in, and who executed, the foregoing in- strument, and acknowledged to me that t he~r executed the same. RECORDED ~o t~r y ~u~li c, FRANK :L McMANN ~]OTARy PUBLIC, State of New* Yor~ Ho. 52-7854500 Suffolk Coun~ ~ )'erin Expires ~,larch 30, Z~5~ ' ~mntp -f SD-FFOLK On the he£ore me came day of SAi~Ez L January nineteen hundred and 6fry -six to me known and known to me to be the indlviduaI described in, and who executed, the foregoing in- strument, and acknowledged to me that he executed the same. ~tate oE ~ountp of ~': On the day of before me came nineteen hundred and fifty the subscribing witness to the foregoing instrument, with whom I am personally acq~alnted, who, being by me duly sworn, did depose and say that he resides in 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. I 0 I Made the and sixty-two ~[W££1t MINAS SILIRIS and LINDA J. SILIRIS, at Greenport, Suffolk County, New York, n enture, day o, May .,.etee. hn.d,ed his wife, both residing HERBERT A MACOMBER and LOUISE MAC0~ER, Greenport~ Suffolk County, New York~ part las o£ the ~rst part, his wife, both residing at parties of the second part, that the part les o£ the f/rst part, in consideration of ............. One ................. Dollars, law£ulmoneyo£the UnltedStates, and other good and valuable consideration paid by the parties o£ the second part do hereby grant and release unto the parties o£ the second part, their heirs andassigns ~rever, PARCEL I: gU that certain piece or parcel of land, situate near the village of Greenport, in the Town of Southold, County of Suffolk and State of New York~ bounded and described as follows: BEGINNI~iG at a point on the easterly line of Angler's Road, two hundred seventy-seven and forty-two hundredths (277.~2) feet northerly along said easterly line from Manhanset Avenue, said point of beginning being the northwesterly corner of land formerly of Capuano; from said point of beginning, running along said easterly line of Angler's Road~ N. 5 deg. 09' 10" W. - 90.0 feet; thence along land now or formerly o~ Samuel Levine, N. 8~ deg. 50' 50" E. - 100.O feet to land of Dykowitz, thence along said land of Dykowitz and along land of others, S. 5 deg. 09~ 10" E. - 90.0 feet to said land now or formerly of Capuano; thence along said land now or formerly of Capuano S. 8~ deg. 50~ 50" W. - 100.0 feet to the point of beginning. PARCEL II: ALL that certain piece or ~arcel of land, situate near the village of Greenport in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: ~ The point of' beginning of the premises is described as follows: FROM the intersection of the easterly line of Angler's Road wlth the northerly line of Manhanset Avenue, running along said easterly line of Angler's Road, 2 courses, as follows: (1) N. 21° 2~' 10" E. - 92.86 feet; thence (2) N. 5° 09' 10" W. - 18~.56 feet to land now or formerly of Kelly; thence along said land now br formerly of Kelly, N. 8~° 50' 50" E. - lO0.O feet to'the southeasterly corner thereof and the northwesterly corner of land of Macomber~ being~ the point of beginning of the premises. From said point of beginning ranning along said land now or formerly of Kelly, N. 5° 09' 10" W. - 60.0 feet to land of Dykowltz; thence along said land of Dykowitz, N. 8~° 50' %0,, E. - 100.0 feet to the westerly line of a 50' right of way; thence along said westerly li~e of said 50' right of way, S. 5° 09~ 10'~ E. - 60.0 feet to said land of Macomber; thence along said land of Macomber, S. 8~° 50' 50" W. - 100.0 feet to the point of beginning. Together with a rig~? of way over said 50' right of way from the northeasterly corner of mne premises southerly about ~J+8 feet to ~ Manhsnset Avenue. Also with a right of way over said %0' right of way from said northeasterly corner of the premises northerly and then westerly about .278 feet to .Angler,s Road. BEING AND INTENDED TO BE the same premises conveyed by Edna A. Brown to Minas Siliris and Linda J. Siliris, his wife, ~ deed dated May 13th, 1960 and recorded in the Suffolk County Clerk's office on Ma~ 23~ 1960 in' Liber ~813 at page 390. ~Ogt~tC with the appurtenances and all the estate and rights of the parties of the tlrst part in and to said premises. gO h~g: itn~l to ~o~ the premises herein granted unto the part ~es of the second part, ~h e~ he~ ~ and assigns forever. ~ll~J the said parties of the first part covenant that t he y have not done or sui~ered anything whereby the said premises have been incumbered in any way whatever. The grantor, in compllance with Section 13 of the Lien Law, covenants that the grantor will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied ~rst for the purpose of paying the cost of the improvement and that the grantor will apply the same tlrst to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. hands and sea~ the day and year ~rst above written. their ~t.t~ 8! New York ~um~ z[ Suffolkl~': On the ~.~ ~1 day o£ May, before mecame MINAS SILIRIS and LIN-DA g. n~neteen hundred and sixty-two SILIRIS ~ ~tat~ ~ to me known and known to me to be the individual S described in, and who executed, the foregoing in- strument, and acknowledged to me that the y executed the same. FRANK ~. McMANN NOTARY PUBLIC, State of New York I No. 52-7864500 Suffolk (2ou~ ~.: 'l~crm Expires ~larch 30, 19 On the day of nineteen hundred and before me came the subscribing witness to the foregoing instrument, with whom I am personaIIy acquainted, who, being by me duly sworn, did depose and say that he resides in that he knows to be the indlvldual described in, and who executed the foregoing instrument; that he, said subscribing witness, was present, and saw exedute the same; and that he, said witness, at the same time subscribed h name as witness thereto. ~H H ' *' -'/ f', RECORDED MAY 25 1962 NO~'~t E, KLIPP ~jer~ '~ ui;o',k Cmmtv ~I~DE~I'OI~E, made the 2nd day of February . ~ne~ean hun~re~ and fifty-six MICHAEL CAPUANO, residing at Fourth Avenue, Greenport, New York, pan y of the first part, and HERBERT M~COMBER and LOUISE MACOMBER, his wife, as tenants by the eh- tirety, residing at Greenport, New York, part i es of the second par~ WffNESSETH, tha the part y M the ~t pa~ in con~d~afion ~ TEN Md 00/100 Dolla~ law~ money of the United Stat~, and other good and valuable considerations p~dby~ep~ies ofthe~ondpa~does herebygrantand~eun~o~p~iea of the ~ond part, their heirs and assi~s ~r~, ~, that certain piece or parcel of land lying and being situate in the Village of Greenport, Town of So,hold, County of Suffolk ~d State of New York, bounded and described more ~lly as follows: Beginning at a point on the easterly line of Angler's Road, 217.~ feet northerly along said easterly line from Ma~anset Avenue; and r~ni~ along said easterly-line ~f-A~gler~s,Road,,N.,~© 09~ 10" W. 60.0 feet; t~nce along land n6w, oP ~ormerly Of LeVine and~anothe~, 3 ' courses, as follows: (1) at right angles to said easterly line, N. 84° ~0' ~0" E. 100.0 feet, thence (2) parallel with said easterly line, S. 5o 09'i10" E. 60.0 feet; thence (3) at right angles to said easterly line, S. 84© ~0' ~0" W. 100.0 feet to ~e point of bsginn~g. Subject to conditions, restrictions ~d reservations of record, if ~y. Being and intended to be the same premises conveyed to the party of the first part by S~uel Levine and another by deed dated October 24, ~.i,1955 and intended to be recorded simultaneously herewith. TOGETHER with the appurtenances and all the ~tate and rights of tim par~ y of the first pait in and lo said premises. TO HAVE AND TO IIOLD the premises herein granted unto the part ies of the second pan, and assigns forever. A~I) the said part y of the first part covenants as follows: FI~ST.--That the part y of the first part iS ha s se/zed of the said premises in fee simple, and good ri~at to convey the same; SECOND.--~nat the part ies of the second part shall quietly enjoy the said pr~mi~es; THHID.--That the said premises are free from incumbrances; FOURTII.--That the part y of the first part will execute or procure any further necessary assurance o! ~he fide to said premises; Fll"l'lI.--That the part y of the first part will forever warrant the title to said premises; SL~TIf.--That the grantor, in compliance with Section 13 of the Lien Law, covenants that the grantor will s~eeive the consideration for this conv~,~ance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and that the grantor 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. ][N WITNESS WHEREOF, the part It seal the day and year first above written. of the first part ha s hereunto set h±s hand and [npresence of: ~TATE OF NEW YORK CO~ OF SUFF[~LK sa.: On~he 2Itl;l day of FebruaPy ninet~n hundred and fifty-s ix 'before me~e / , ~ . .. __~?*MIC~EL CAPUANO ~/ '~X m, ~o~ ~d ~o~ to me to b, &e i,~vi~a~ribed in, ~d who ~uted, ~ f*egoin~ ~,~umen~ and '.. , .... o~ ~ ~ ~U EC0 D[D R-80 HD ~-I R~8O R~40 R -80 .Ir COUNTY OF SUFFOLK jt*..~ ~OUT~gLD ~ ...... "o__ JAMES A. SCHONDEBARE TOWN A'I-FORNEy ROBERT H. BERNTSSON A, SSISTAN? TOWN A~l'O RNEY OFFICE OF THE TOWN ATTORNEY TOWN OF $OUTHOLD 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 OI= THE CODE O}= THE TOWN OF SOUTHOLD. ZONING. MAY BE INVALIDATED BY THE COURT; PROCEED AT YOUR OWN RISK. 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 PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold requesta~ (Special Exception) (Special Permit) (Other) [circle choice] to ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- ~ribed as follows: ~b /'~xd~-LL:-l~--~ ~O/~O ~,c~-~,DD~-T ~',/Lf, 3. That the property which is the subject of such Petition is located in the following zoning district: 4 lhat b~, sucl~ Petition, the undersigned will request the following relief: 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article ~ Sect/on /O o ~ ~y~ [ ] Section 280-A, New York Town Law for approva] 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 may then and there examine the same during regular office hours. (516) ?~5-1509. 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: ~/~ '~' Petitioner Owners Post Office Address Tel. No, [Copy of sketch purposes.] or plan showing proposal to NAM[ STATE OF NEW YORK COUNTY OFSUFFOLK PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS orm3800, June 1985 SS.: PS r-orm 3800, June 1985 PS Form 3800 June 1985 , residing at ~ ~, ~ ~C~ . bein8 duly sworn, dep~es and ~ays that on thc /~ day ~ , deponent mailed a true copy of the Notice set forth on the re- verse sidle 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- rice at ./~/)~.z~.~-~--/' ~2~/ //? ~/~/ ; that said Notices were mailed to each of said persons by (certified) (registered) mad, Sworn to b~/fore m~e this / day of ~1 ~ 19 Notary Public (This side does not have to be completed on form transmitted to adjoining property owners.)