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Home My WebLink About3824 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11~71 TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS GERARD P. GOERRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZiO, JR. ACTION OF THE BOARD OF APPEALS Appeal No. 3824: Application of NICK AND KATIE NICKOLAUS for a Variance to the Zoning Ordinance, Article III, Section 100-33 (previously 100-32) for permission to locate accessory building in an area other than the required rear yard. Zone District: R-80. Location of Property: 17555 Soundview Avenue, Southold, NY; County Tax Map District 1000, Section 51, Block 1, Lot 2. WHEREAS, a public hearing was held and concluded on March 9, 1989 in the Matter of the Application of NICK AND KATIE NICKOLAUS under Appeal No. 3824; 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 premises in question is located along the north side of Sound View Avenue in the Hamlet and Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 51, Block 1, Lot 2. Page 2 - Appeal No. 3824 Matter of NICK & KATIE NICKOLAUS Decision Rendered March 16, 1989 2. The subject premises is a described parcel of land containing a total area of 3.01 acres, lot frontage of 130.0 feet (lot width at the principal building line approximately 278 feet, and lot depth of 550+- feet. 3. The subject premises is improved with a single-family, two-story frame house and inground swimmingpool with fence enclosure along the westerly side of the dwelling, all as sketched on survey dated February 10, 1981 (of Roderick VanTuyl, P.C.). 3. By this application, appellants request a variance from Article III, Section 100-33 of the Zoning Code for permission to locate 10' x 18' one-story storage shed along the existing pool fence enclosure with a setback of approximately 90 feet from the bluff and 60+- feet from the westerly property line, all as sketched on the copy of survey submitted for consideration. 4. Article III, Section 100-33 of the Zoning Code requires accessory buildings to be located in the required rear yard area. The required rear yard area for this parcel is that land area between the house and the bluff. 5. It is noted that at the time of the filing of this application on February 3, 1989, Article XI, Section 100-119.2 of the previous zoning code was not included in the newly adopted zoning code amendments (when enacted on or about January 22, 1989). For practical purposes, it is noted that the location of the subject pool shed along the outside of the fence enclosure is not much different than locating same within the fence enclosure, particularly due to the great distance in the yard setbacks (which will not require additional relief by way of a variance). 6. In considering this application, the Board also finds and determines: (a) there is no other alternative available for appellants to pursue other than a variance; (b) the variance property and will not alter neighborhood; requested is uniquely related to the the essential character of the (c) the variance requested is the minimal necessary to afford relief and is not substantial; (d) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (e) in view of all of the above factors, the Page 3 - Appeal No. 3824 Matter of NICK & KATIE NICKOLAUS Decision Rendered March 16, 1989 interests of justice will be served by granting the relief, as requested and conditionally noted below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, to GRANT the relief requested for location of a 10' by 18' pool-storage shed, at a height not to exceed 10 feet, along the existing fence enclosure, as applied under Appeal No. 3824 in the Matter of NICK AND KATIE NICKOLAUS, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Accessory shed shall be used for storage purposes incidental and accessory to the residential use of the premises; 2. Accessory shed shall not be used as sleeping quarters; 3. No kitchen or food preparation shall be permitted; 4. Shower doors must be constructed along the outside wall of building (must open to the outside, rather than a single entry from the inside of building). Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, and Dinizio. (Members Doyen and Sawicki were absent.) This resolution was duly adopted. GERARD P. GOEHRINGER, CHAIRMAN APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD- BTATE ROAD 2.5 SOUTHDLD, L.I., N.Y. 11971 TELEPHONE (516) 765 1809 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 $outhold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, MARCH 9, 1989, at the following times: 7:30 p.m. Appl. No. 3826 - GLADYS W. HOWELL. Variance to the Zoning Ordinance, Article VII, Section 100-71 for approval of conversion of existing accessory building for dwelling use, accessory to the main dwelling structure, in this Residential-Office (RO) Zone District. Location of Property: 51470 Main Road, Southold, NY; County Tax Map District 1000, Section 70, Block 2, Lot 2. 7:35 p.m. Appl. No. 3825 - SUSAN A. FORBES. Variance to the Zoning Ordinance, Article III, Section 100-31, and Article XXIV, Section 100-244 for approval of open deck addition with an insufficient front yard setback. Lot area of premises is nonconforming at approximately 11,300 sq. ft. in this R-80 Zone District. Page 2 - Notice of Hearings Sou~hold Town Board of Appeals Regular Meeting of March 9, 1989 7:40 p.m. Appl. No. 33813 - SHELDON HILLS as Trustee for Barterama Corp. Employees Profit Sharing Trust. Variances to the Zoning Ordinance, Article III, Section 100-32C and Column iii of the Bulk Schedule, for permission to reduce side yards to less than the required 20 and 25 feet, and less than the total 45 feet for both sideyards, on this 2+ acre vacant parcel. Zone District: R-80. Location of Property: Private Right-of-Way referred to as Private Road #11 (also referred to as Aldrich Lane Extension), extending off the north side of Sound Avenue, Mattituck, NY; County Tax Map District 1000, Section 112, Block 1, Lot 12; Southold Town Planning Board Approved Set-Off Map March 4, 1985. 7:45 p.m. Appl. No. 3828 - ROSEMARY SULLIVAN. Variances to the Zoning Ordinance, Article III-A, Section 100-32A for permission to construct 10' by 14' addition (replacing existing deck) with an insufficient rearyard setback and in excess of the maximum 20% lot coverage requirement. Zone District: R-40. Location of Property: 5365 Peconic Bay Boulevard, Laurel, NY; County Tax Map District 1000, Section 128, Block 1, Lot 11. Pag~ 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 9, 1989 7:50 p.m. Appl. No. 3823 - THOMAS THOMPSON. Variance to the Zoning Ordinance, Article III, Section 100-32, and Bulk Schedule, for approval of existing swimmingpool with deck areas which will have an insufficient rearyard setback when attached by a raised deck to the rear of the existing dwelling. Zone District: Agricultural-Conservation (A-C). Location of Property: 2890 Bridge Lane, Cutchogue, NY; Lot #10 on Map of Ismar Acres (Approved March 13, 1973); County Tax Map District 1000, Section 85, Block 2, Lot 22. 7:55 p.m. Appl. No. 3830 - REV. CHARLES BELL. Variances to the Zoning Ordinance, Article III-A, Section 100-32A, and Bulk Schedule, for permission to construct addition at rear of existing dwelling with an insufficient rearyard setback. Zone District: R-40. Location of Property: 1330 Donna Drive, Mattituck, NY; Lot #32, Deep Hole Creek Estates; County Tax Map District 1000, Section 115, Block 15, Lot 15. Page 4 - Notice of Hearings Sou~hold Town Board of Appeals Regular Meeting of March 9, 1989 8:00 p.m. Appl. No. 3814 - RYCK KOKE. Variance to the Zoning Ordinance, Article III-A, Section 100-32A, for approval of swimming pool with fence enclosure in the side yard area. Zone District: R-40. Location of Property: 245 Kimberly Lane, Southold, NY; Paradise By the Bay Subdivision Lot No. 2; County Tax Map District 1000, Section 70, Block 13, Lot 20.2. y -8:10 p.m. Appl. No. 3824 - NiCK AND KATIE NiCKOLA'~US. ~ Variance to the Zoning Ordinance, Article III, Section 100-33 ~ (previously 100-32) for permission to locate accessory building\ in an area other than the required rear yard. Zone District.- %\ R-80. Location of Property: 17555 Soundview Avenue, Southold,\ ~Y; County Tax Map District 1000, Section 51, Block 1, L~Lot~ 8:15 p.m. Appl. No. 3811 - RICHARD AND JANET SCHLUMPF. Variances: (a) to the Zoning Ordinance, Article III-A, Section 100-32A for permission to construct principal building with an insufficient front yard setback, and (b) pursuant to New York Town Law, Section 280-a for approval of access over private right-of-way referred to as Silkworth Road extending from the east side of Westphalia Avenue (Road), Mattituck, NY. Zone District: Pleasant; Lot 12. R-40. Location of Property: Lot #1, Map of Point County Tax Map District 1000, Section 113, Block 9, Page 5 - Notice of Hearings Sou~hold Town Board of Appeals Regular Meeting of March 9, 1989 8:20 p.m. Appl. No. 3785 - RAYMOND F. NINE, PAMELA NINE AND CHARLES ZAHRA. Special Exception to the Zoning Ordinance, Article III-A, Section 100-3iA(B) for permission to establish "Bed and Breakfast Use," 'an owner-occupied building, other than a hotel, where lodging and breakfast is provided for not more than six casual, transient roomers, and renting of not more than three rooms,' in conjunction with owner-occupancy as a single-family dwelling use. Location. of Property: North Side of New Suffolk Avenue,' Mattituck, NY; County Tax Map District 1000, Section 114, Block 11, Lot 20. Zone District: R-40. 8:30 p.m. Appl. No. 3829 - FRED RENGANESCI and BARBARA REITER as Applicants for a Reversal of a Determination by Building Inspector to Grant Building Permit No. 17508-Z dated October 6, 1988 concerning a proposed "steel building for indoor storage of boats" to be located at premises referred to as "MATT-A-MAR," now or formerly owned by Wickham Road Marina, Inc. Zone District: Marine (M-II). {Previous Zone District: B-Light Business}. Application was filed citing the Page 6 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 9, 1989 prior Zoning Code, Article VI, Sections 100-60 and 100-61, and Article XIV. New Zoning Code citations refer to Sections 100-121 and 100-122, and Article XXVII for the same or similar provisions for this M-II Zone District. Property Location: West Side of Wickham Avenue, Mattituck, NY; County Tax Map District 1000, Section 114, Block 3, Lot 1. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. For more information, please call 765-1809. Dated: February 9, 1989. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Copies to the following on or about February 17, 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. Gary Williams, PO Box 1415, Southold, NY 11971 (for Howell) Ms. Susan A. Forbes, Box 802, Orient, NY 11957 Mr. Kenneth Hills, Mountain Home Builders, Inc. 24 South Court, Roslyn Heights, NY 11577, (for S. Hills) Mark Finne General Carpentry, 1370 Lighthouse Road, Southold, NY 11971 (for Rosemary Sullivan; for Rev. C. Bell) Mr. Thomas Thompson, 2890 Bridge Lane, Cutchogue, NY 11935 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 .... ~. ~...~...]..O. .... 19..~..~. for permit to ~.c~...~..e ..c,ee~:~__~ .. '..--~ .~.' .~..~ ..~ .......... at House No. Street Hamlet County Tax Map No. 1000 Section .... .~.~.l ..... Block .... .~..I ....... Lot ...~...~.. ....... Subdivision ................. Filed Map No ................. Lot No. ' is returned herewith and disapproved on the following grounds .O~ ~.~ .~...~..ef~ .).er~....-..~.;~. ~. ?.0~..~~..~. ~.~.~..~. ~.~ ~. ..... ... - % .......... ~ ' · .~ ..... ~ ....................................... RV 1/80 ~r C F..IVE D ~ ,~ ~ ~' ~, I~ TOWN OF SOUTH OLD, N~ YOEK APPEAL FROM DECISION OF BUILDING INSPECTOR ~o,.~!~ Town TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N.Y. ,~i~l jo~ ~,.. ii (We) .... .......... of ................................................. Name of Appellant Street and Number ..................................... '/~'~'~'i;i~'t~ ........................................ 'J'f'"~:'"~"(State .......... HEREBY APPEAL TO 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 .................................................................................................Street and Number Municipality '~;; ....................... (.-~PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ............................................................................................ ~...-~.~_~ Street /Hamlet / Use District on Zoning Map .D..!.s.~:.!.c.~.~.?.~..~.~.S..e..c..~.~!~..n..."~...~.B.1...~.c.~.k~!~.~L.~..~.current, O~ner /u,Ct~ IC~,~jF_ /u,'C, lCOb&~ Map No. Lot No. Prior 0wnet ~..~.~_ '~c6~.c,.~ 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 ~ Section 3. TY.T.T~E OF APPEAL Appeal is mode 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. Lows Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (has (~as no. been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No. ~'~O~'~-' REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (~ A Variance to the Zoning Ordinance ( ) is requested for the reason that (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or un.neces- sary 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 CHARACTER OF THE DISTRICT because The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE STATE OF NEW YORK ) ) ss COUNTY OF ) Signature Sworn to this ............. .~. ............................. day of ............... ,.~...4.~.... .............................. 19~'~ Notary Public TOWN OF $OUTHOLD PROPERTY RECORD CARD OWNER FORMER OWNER ' ,,' SEAS. VL. RES. LAND ,?/o o AGE IMP. /-/900 ~foo TOTAL STREET- VILLAGE FARM COMM. I IND. DATE REMARKS DISTRICT SUB. ACREAGE TYPE OF BUILDING LOT CB. J MISC. BUILDING CONDITIOh NEW NORMAL BELOW : ABOVE Farm Acre, Value Per Acre Value Tillable ] Tillable 2 Ti'liable 3 Woodland Swampland Brushland House Plot ~,- Total III M. Bldg. Extension Extension Exte~slon Breezewa Garage :oundation Basement ~tt. Walls Fire Place Patio porch I ~,,0,~ ~ Bath Floors Interior Finish Heat Attic Rooms 1st Floor Rooms 2nd Floor APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWiCKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHDLD, L.I., N.Y. llg?l TELEPHONE (516) 765-1809 March 22, 1989 Mr. Chris Schwarting Southold Pools, Inc. P.O. Box 539 Southold, NY 11971 Re: Appl. No. 3824 - Nick and Katie Nickolaus Dear Chris: Transmitted herewith for your perusal and file is a copy of the Board's determination recently rendered by the Board of Appeals in the above matter. Copies of this decision have also been furnished to the Building Department Office to update their files. Please be sure to return to the Building Department and other appropriate agencies/departments for other approvals or documents which may be necessary prior to commencing construction activities. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure Copy of Decision to: Office of the Building Inspectors DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE 360-5206 LEE E, KOPPELMAN DIRECTOR OF PLANNING March 24, 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) Nick & Katie Nickolaus 3824 Very truly yours, Arthur H. Kunz Acting Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner Southold Town Board o£ Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR, JOSEPH H. SAWICKI JAMES DINIZIO, JR. Pursuant to Article XIII of the Suffolk County Charter, Board of Appeals of the Town of Southold, New York, hereby the following to the Suffolk County Planning Commission: × Variance from the Zoning Code, Variance from Determination of Special Exception, Article the refers Article III, SectionlO0-33 South61d Town Building Inspector · Section Special Permit Appeal No.: 3824 Applicant: Nick and Katie Nickolaus Location of Affected Land: 17555 Soundview Ave., Southold, NY County Tax Map Item No.: 1000- 51-1-2 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 Thruway State or Federally Owned Land State or Federal Park or or Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to ln~f~ accessory building ~n_other t~n required rear ~ard. Copies of TOWH file and related documents oHclosed for your review. Dated: March 23,1989 ' A-C R .80 ,/ R-SO R-80 / -M ! R..~80, sOUTHOLD / / I A--C R -4{} ~'d~? FY/I '~ 7_~b cck. tt ~{~ Z°ui~ O rdln~ce, Anide lli. Secdon 51, B~,---,~. .... · ~ l~32Af~ ~i ' ~ ~ : ' ' ~1.~..:-_~_ ~ ~ottton RICHARD ~D I pu~SLA~ff~w~fd~dt.. 40. ~fion of P~nv- 536e - "~P~gw~h. · -.1~~--~s 1~121~d County' Tax Mao Di~t~ t ~' ~uant ~ New y~ To~ ~w -.,~ ~ s~n~ Pm~s for ~is .50 p.m. AppL No. 3823 ~ , ~ '~Y~ - Matfit,,~k ~rv . ~ue, S~wo~ R~d ex~d~n f~ ,k ......... -; ~ty Tax Mau Main Road, Solaheld, Ny 11971, m THURSDAY. MARCH 9, 1989, at THOMAS THOMPSON. Variance to the following times: the Zoning Ordinance. A~/cin III. east side of Westphalia Avenue Lot I. Sect/on 100-32, and Bulk Schedule. (Ro~d), Matt/tuck, NY. Zone District: GLADy$ W. HOWELL. Variance to ',. for appmvel of existing swimming. Map of Point Pleasant; County Tax 7:30 p.m. Appl. No. 3826 ~ the Zoning Ordinance, A~/cl~ VII, pool with deck areas wh/ch will ha~e vS~.100-.71,inra/~,velo/con..:, aan~j~msu~cientrearyardsethackwhen . e~tat on o_f, extm~ accessory tnnld~g '~a~=o bY a raised dea:k to the mar of rot. dwelling use, accessov/to the ' ~: the .~.~g dwelling. Zone Dis~a: m~an dwelling stmctme, in rids Red. Agncdim~-Conse~vat/c~ (A-C), Lo. des/el-Office (RO) Zone Dis-ir/et. c~ion ofPmpeny: 2890 B~idge Lane. Locat/on of Property: 51470 Mah Road, Southold, NY; County Tax Map Dimic~ 1000, Section 70, Block 2. LOt 2. 7:35 p.m. AppL No. 3825 SUSAN A. FORBES. Vagance to the 100-31. and Article XXIV, Section 100-244 for approval of open deck ya~dition with an insuffidem front y setbeck. Lot ar~ of pmmisce is non-confonnlng at approximately 11,300 sq. fl. in this R-80 Zone · Dimlc~ 7:40 p.m. AppL No. 33813 SHELDON HII.Lq as Trustee for Trust. Vanancce to the 100-32C and Column iii oftbe Bulk Schedule. for pennissinn to rodue~ side Yanis to I.s thru the mt~ired 20 Cutchogue. NY; Lot #10 on Map of Innar Acres (ApprOved March 13, 1973); County Tax Map Distrin! 1000. Sec~/on 85, Bind~ 2, Let 22' 7:55 p.m. Appl. No. 3830 -- REV. CHARLES BELL. Variances to the Zoning Ord/nance. Art/cie HI- ' A, Section 100-32A, and Bulk Sd~lele, for pennisdon m comtmc~ sd.d/lion al ~ar of existing dwelling Zone District: R-40. Location of Pr~erty: 1330 D~na Drive. Matt/- tuck, NY; L~t/~J2, Deep Hole Cieek Estates; County Tax Map District 1000. Sect/on 115, Block 15, LO~ 15. 8:00 p.m. Appl. No. 3814 -- RYCK KOKE. Variance to the Zon- 100.-32.A.. for approval of swimming {mot wi~ fence encinsum in the side R-40. Location uf Property: Lot #1, Map District 1000. Section 113. Block 9, Lot 12. 8:20 p.m. Appl. No. 3785 -- RAYMOND F. NINE. PAMELA N~NE AND CHARLES ZAHRA. Spedal ]Excep~on to the Zoning Or- dinance, A~cle I~-A, Sec*don 1(30- 3lA(B) for permission to establish "Bed an~ Breakfmst Us~." 'an owner. occupied buildins, other than a ho~l, where lodging and bmaldast is pro- v/ded for nm more than sbt casusl. trans/an! ro~ners, ~d renting of not more than three rooms.' in conjunc- lien wi~ ow·er-occupancy as · sin. #lc-family dwelt/n# use. Localio~ of Property: North Side of New Suffol~ Avenue, Ma~tuck, NY; County T~ Map District 1000 Section 114, 8:30 p.m. Appl, No. 3829 -- FRED RENGANEScI AND BAR- BARA REITER as Applicants for a Reversal of a Determination by BuiIdin8 Inspector to Grant Building Permit N~x 17808-Z dated October 6. and25 feek ·adieus than thetota145 ~e~ of ProFeny: 245 K/mhedy Lane,: . 1988 concerning a proposed 'steel feet for both sidevards on ,t.;..~ e~thold, NY; Paradise B the ' ...... 'r , o ..- . . y Bay Imflding forindoor storage of boats- ou. Location of Pron~ttv. Priv .- map msmct 1000, Sea/on 70 Block 'iVIA'IT-A-IVlAR,,, now or formerly ... . .-- ~. a.~ ' ~ 13 ~- '~"~ ' owned by Wickham Road Ma6na, R~/t-Ol-Way rofer~d to as Private .~..~...~.o.z. ~ ~nc, Zone Diswia: Matine .II). , .~oad#11 (elsor~fermdtoasAldrid~ [..~:.?.~=m. AppL No. 3824 -- t.ane .Ex. tendon), extending off the ~ ~.~,1~ AI~D KATIE NICKOLAUS. ] ' ' ' noah nde of Sound Avenue, Maui- [ .van.~. ce_ to the Z~ing Ordinance, I000, Section 112, Block I t.-. 1'~- ~ vionsly 100'32) for pennissJ0n to' pro'!ed ~et-Off map Ma~ 4, 19' '88~i~t,. i [ ot~' t~n the requlnxl ma~ ~'~ i, RO..SI~VI~¥St..a. lVAN Vaa~ms [l_7~Soond~ Ay·aU, Sonar; : dmThe Board of Appeals will at ~ald c and place hear any and all per- s~s or ~prese~tadve~ desirh~g to be heard in ~ch of the above matters. Wriu~ commmts may also be sub- mitted prior to the conclusion of the subject hearing. Each hearths will not sta~ before the thne allotted. For more inform·t/on, please csll 765- 1809. bated: February 9. 1989. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER _ 6197-1TF23 By Linde Kowal~ki ~'OTICE OF HEARINGS N(~ITICE 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, MARCH 9, 1989, at the fo!Jo~v!ng times: 7:50 p.m. Appl. No. 3823-- THOMAS THOMPSON. Variance to the Zoning Ordi- nance, Article 111, Section 100-32, and Bulk Schedule, for approval of existing swimming pool with deck areas which will have an insufficient rearyard set- back when attached by a raised - deck to the rear of the existing dwelling. Zone District: Agricul- tural-Conservation (A-C). Loca- tion of Property: 2890 Bridge Lane, Cutchogue, NY; Lot #10' on Map of Ismar Acres (Ap- proved March 13, 1973); Coun- ty Tax Map District 1000, Sec- tion 85, Block 2, Lot 22. 7:55 p.m. Appl. No. 3830--- REV. CHARLES BELL. Vari- ances to the Zoning Ordinance, Article lit-A, Section 100-32As and Bulk Schedule, for petrols,.. sion to construct addition rear of existing dwelling with ,ant insufficient rearyard setback. Zone District: R-40. Location of Property: 1330 Donna Drivc~. Mattituck, NY; Lot #32, Deep Hole Creek Estates; County Tax Map District 1000, Section ii5, Block 15, Lot 15. 8:00 p.m. Appl. No. 3814-- RYCK KOKE. Variance to the Zoning Ordinance, Article Ill- A, Section 100-32A. for ap- proval of swimming pool with fence enclosure in the side yard area. Zone District: R-40. Loca- tion of Property: 245 Kimberly Lane, Southold, NY; Paradise By the Bay Subdivision Lot No. 2; County Tax Map District 1000, Section 70, Block 13, Lot 2a~8.'10 p.m. Appl. No. NICK AND KATIE NICKO. LAUS. Variance to the Zoning Ordinance, Article ltl, Section 100-33 (previously 100-32) for permission to locate accessory building in an area other than the required rear yard. Zone Dis- trict: R-80. Location of Proper- ty: 17555 Soundview Avenue, Southold, NY; County Tax Map District 1000, Section 51, Block Property: 5365 Peconic Bay Voulevard, Laurel, NY; County Tax Map District I000, Section 128.,~u:K_L Lot 11 ..... COUNTY OF SUFFOLK STATE OF NEW YORK SS: Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ..................... / .... weeks successively, commencing on the ......... -.~?....'~... ...... day of... '.c.F. ~' ...... , 19 Sworn to before me this .......... .~...~. :.~..... day of ....... ....... Notary Public DARBARA A. SCHNEIDER t,;OTARY ?U~LIC, State of New York i%, 4806846 0,alified in Suffolk Count/// APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGON~S, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. Southold Town Board of Appe, ls MAIN ROAD- STATE ROAD 25 SDUTHOLD, L.l.. N.Y. llg?l TELEPHONE (516) 765-1809 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Page 7 - Notice of Hearings Southold Town Board of Appeals Regular Meeting - March 9, 1989 Copies to the following on or about 2/17/89 (continued): Rudolph H. Bruer, Esq., Main Road, Southold, NY 11971 (for R. Koke] Mr. and Mrs. Nick Nickolaus, 30 Buttonwood Drive, Dix Hills, NY 11746 Southold Pools, Inc., Box 539, Southold, NY 11971 (for Nickolaus) Karen J. Stretz, Esq., Wickham, Wickham & Bressler, P.C., Main Road, Box 1424, Mattituck, NY 11952 (for Schlumpf) Daniel C. Ross, Esq. or Eric J. Bressler, Esq., Wickham, Wickham and Bressler, P.C., Main Road, Box 1424, Mattituck 11952 (for Nine and Zahra) Mr. Raymond F. Nine, New Suffolk Avenue, Mattituck 11952 Ms. Pamela Nine, New Suffolk Avenue, Mattituck 11952 Mr. Charles Zahra, Box 1137, Mattituck, NY 11952 Mr. and Mrs. John DeReeder, New Suffolk Ave, Mattituck 11952 Harold and Ernest Wilsberg, Box 1429, Mattituck 11952 (as adjacent property owners) Daniel C. Ross, Esq., Wickham, Wickham & Bressler, P.C., Main Road, P.O. Box 1424, Mattituck, NY 11952 (for Renganesci ~ . and Reiter) in the Matter of Matt-A-Mar Permit #17508Z Wickham Road Marina, Inc. c/o Marr-A-Mar Marina P.O. Box 1235, Mattituck, NY 11952 Matt-A-Mar Marina, Box 1235, Mattituck, NY 11952 Mr. Victor Lessard, Principal Building Inspector James A. Schondebare, Town Attorney Robert H. Berntsson, Assistant Town Attorney JUDITH T. TERRY TOWN CLERK 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: February 3, 1989 Transmitted herewith is Zoning Appeal NO. 3824 application of Nickolaus. Nick & Katie - Southold Pools 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 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2.5 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765 1809 APPEALS BOARD March 9, 1989 MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S. E. Q. R. A. SERGE DOYEN. JR. NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI JAMES DINIZIO, JR. Notice of Determination of Non-Significance APPEAL NO.: 3824 PROJECT NAME: NICK AND KATIE NICKOLAUS 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 have a signifi- 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 simil&r project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Locate.a~cessory building in an area other than the required rear yard LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 17555 Soundview Ave.., South~ld,'NY 1000-51-1-2 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) The relief requested is a setback variance as regulated by Section 617.13, 6 NYCRR, SEQRA FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of AppealS,.Town }[all, 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 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date.. K).~...~ / O 19 .~. ~ · ~..~..~...b ~ ' "~ To ~.. .~.. . ~..~...~..~o ~), ~ .. ~ ~. ~.~ ....................... ..~~.&..~ :~.....t,.~ ~ ~ ..... PLEASE TAKE NOTICE that your application dated .... ~ ~~..~ ~ .... 19. ~.~. ,o~e~o ~.~-~.~..~.~.~.~ .......... ~t .......... ~ ~O~ ' M Location of Property/ ? ~ .~.. ~. ~ ~ ...... ~~~ ........ Ho~se ~o. $tree~ H~mlet County Tax Map No. 1000 Section .... ~ ~.1 ..... Block .... ~ ....... Lot .. ~ .~ ....... Subdivision ................. Filed Map No ................. Lot No. ' is returned herewith and disapproved on the following grounds .0.~ .~...~..er~ .)9~...-..~.1_ ~.~~...~. ~.~.~ .~.......~. :. ~.~ ~..~. ~z~ ~'_"~'~'~ ..... "4'~'~'6'" w,~'"x' .~0~........_ i;(~ ................ :-:" ~~..~..~.~.,~.~2...~.. ~... ~~... Building Inspector RV 1/80 ,14-16-4 (2/87~--Text 12 ~ ~ IPR6JECT I.D. NUMBER ~ 1 617. Appendix C ' State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR I 2. PROJE. CT NAME 3. PROJECT LOCATION: t Munlcloallty ,.~(.J~'TI~[,.~ ~ ~ County ~Jl~-F , 4. PRECISE LOCATION (S feet ad~re.'!$ and road inte~ections, prominent landmarks, etc.. or provide map) SEQR So IS PROPOS ACTION: ~ [] Exbanslon [] Modification/alteration 6. DESCRISE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED: Initially /~-~' ~ ('~'- acres Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? []Yes ~ If No. describg briefly 9. WHAT~H~AT~/PRESENT LAND US/ IN VICINIIY OF PROJECT? [],ndu.,.,., :•Commerc,a, r Agr,cu,,ur. [] Pa. Fo...Open space [] Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL. STATE OR LOCAL)? [] Yes [~o If yes. list agency{s) and permit/approvals 1 !. DOES ANY ASPEC~SPEC~F~OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVALS. [] Yes [~'o If ye~. list agency name and permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? []Yes [~No ' CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicantl,ponso; name: "~0~'-~ ~' [t;.-~ ~(,.~ ~ If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this _af~.sessment OVER I (Continued on reverse side) The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will be made by this board before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FO~-I INSTRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered NO it is likely that the project is not significant. (d) E~nvironmental Assessmen~ 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? Yes NO 2. Will there be a major change to any unique or unusual land form on the site? Yes ~"No 3. Will project alter or have a large effect on an existing body of water? Yes 4. Will project have a potentially large, impact on groundwater quality? Yes a~No 5. Will project significantly effect drainage flow on adjacent sites? · Yes &/No 6. Will project affect any threatened or endangered plant or animal species? Yes ~No 7. Will project result in a major adverse effect on air quality? Yes ~'~No 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? Yes 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontologicak importance or any site designated as a critical envircamental area by a local agency? _~Yes 10. will project have a major effect on existing or future recreational opportunities? ~Yes ~No 11. Will project result in major traffic problems or cause a major effect to existing transportation 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? ~Yes ~/No 13. Will ~roject have any impact on public health 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year Yes- period or have a major negative effect on the ~ charact~-~ of the community or neighborhood? 15. Is there public controversy COncerning the project? Yes · QUESTIOi~NAIRE TO BE COMPLETED AND SUB~IITTED ~TIt YOUR APPLICATION i"O1~.i$ TO TIIE BOARD OF ADPEALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered ho any questions below, please be sure to depict these areas on your survey (or certified sketch), to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours? 2.a)Are there any areas which Con,sin 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 Yes ~ 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-~-~-~l? State total: ft. Yes Yes ~o If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? Skate total: ft. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Yes Are there any building permits pending on this parcel (or abutting land under your ownership, if any)? State Permit ~ and Nature: Yes ~Q~ Do state whether or not applications ar~ 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 Yes 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or pucchasers and conditions of sale. (from cQntract) 11. Is new construction proposed in the area of contours at 5 feet or less as exists? Yes Yes N~ 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 app%ication to the Town Trustees for an inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? Yes 13. Please list present use or operations conducted upon the subject property at this time and proposed /O'~ ~ $~%~?~ ~%~a ~ Please submit photographs [or ti~e record. I certify that the above statements are true and are being submitted reliance by the Board of Appeals in considering my application. Signature (Property Owner) (Authorized Agent) for 1/88 WETLANDS [Amended 8-26-76 hy L.L. No. 2-1976: 3-26- 85 by L.L. No. 6-1985J: A. TIDAL WETI,ANDS: (1) All lands generally cnvered or intermittently cov- ered with. or whicb bord*.r on. tidal water~, or lamJs ' lying beneath tidal waters, whicb at mean iow tide are covered by tidal water, to a maximum depth of five (5) feet. inch,ling but not limited ~ banks. bogs, salt marsh, 5waml)s. mca( ows fla~$ or other low [yin~ land~ subject to tidal actiun: (2) All banks, bogs. meadows, fiats and tidal marsh subject ~ such tides and upon which ~rows or may grow some or any of the fullowin~: salt hay, black grass, saltwort, sea lavender, tall cord~rass, hiah bush. cattails, groundsel, marshmallow and Iow march cord~rass; ami/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection Al2) and lyin~ within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. FRESHWATER WETLANI)S: (1) "Preshwa~r wet ands" as defined in Article 2,1, Ti- fie 1, ~ 24-0107, Subdivisions l(a) ~ l(d) inclusive. of the Environmenal Conservation Law of the Sta~ of New York; and (2) All land immediately, adjacent to a "freshwater wet- land," as defined in Subsection 13(1) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a "fresh,rater wetland." 9705 FO~M NO. d TO~VI~ OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office $outhold, N. Y. Certificete Of Occupnncy No. 35996 ..... Date ............. July .... 1(~..., THIS CERTIFIES that the building located at . I~/S' Sourld. 'View' .~ve ..... Street Map No..x~ ....... Block No .... x~...Lot No.. ~ .... Sou%hold...N.Y., ....... conforms substantially to the Application for Building Permit heretofore fiied in this office dated ............Apl* · "l t', 19 ;?3' pursuant to which Building Permit No.6631+Z... dated ........June...~ ......, 19. ?.~, was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is .Pr.i. vate..swimming..pool..with, fence, ate.., i .................... ' .... The certificate is issued to . .l~lmoe · .Tv~rne~ ....... Owner .............' ...... of the aforesaid building. (owner, lessee or tenant) Suffolk County Department of Health Approval '" N'.'R, ............................ UNDERWRITERS CERTIFICATE No..10encling ................................... HOUSE NUMBER..$75~ ...... Street .... Seund~ .V~.ew-Av~ ..................... ~mldmg Inspector FOBM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N. Y. Certificate Of Occupancy No. g5996 ..... Date ............. ~.u.].y .... 10 .... , THIS CERTIFIES that the building located at . I~/S' S~ur~d- .VSe~e .Ave ..... Street Map No..x~ ....... Block No .... x~...Lot i~o...Xxx .... S~u.tho~.d...N.¥.o ....... conforms substantially to the Application for Building Permit heretofore fi]'ed in this office dated ............ Apl'' "l l', 19:?~. pursuant to which Building Permit i~o.6631~Z..' dated ........ J'une...5 ...... , 19. ?.~, was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is .Pr~..vate..sw~r~tng..pool...wSth. £e~ce. Ate ..................... The certificate is issued to . .lqx~loe · Turnel~ ....... 0~el* .......... ' ... ' ..... 'of the aforesaid building. (owner, lessee or tenant) Suffolk County Department of Health Approval -" N.o.R, ............................ UNDERWRITERS CERTIFICATE No..per~ct~ug ................................... HOUSE NUMBER . .$?~ ...... Street .... Sgtlrtd~ .V:te,~,-Ave ....... . .... Building Inspector :ST, BRUCE ~ROBERT. T%~RNER, residing at (no $)Soundview Avenue, Southold. New York, 11971, -~-'--.-- - ....... : ..... 'KATIE NICKOLAUS, ~. both residing at 30'ButtonwoodDZ~Veo'.DIWHi/lse,.Nw,~O~t' 11746, party o~ the second ~rt, ~ t~, tm ~., o! the ~r,t ~., in ¢on,,denfion o, ten dollars and o~her suc~rs and usi~s of the ~y of the s~ond ~ forever, ~ ~t ~n plot, pi~e or ~d of hnd, with the buildings and improvemen~ ~er~n er~, sit.e, lyJnr and b~ng in thc Town of Southold, County of Suffolk and State of New York~ and lying near Horton's Point, so called, and bounded and BEGINNING a point on the northerly side ?f (new) Sound V4eW Avenue at a point which forms the dividing' %ine between the land of.aigh~rd C. Addy and Alfred H. Cosden~ RUhlMING ~,THENCE, ,aLong,.,~ound, View Avenue !.s"u_t~ ' 75~. 27 {,. 30'~ ;.,Wea~[' ~30 feet tokt~e land.,now.or.fomerly:.o~ the Estate. of JOSeph!H,, Marshall! THENCE along the lan~ ~f said Esta~e,.of Joseph H; Harebell'North 110 13, ~0# West 275.31 feetj ' " THENCE ~th 82° 34' 30" West 141.08 feet to the land.now or for- : .... ] ?~'.~";'~*' , merly o~,the Estate of Joseph H. ~arshall~ : : .' ~-' THENCE .along th~.land.;of said Estate of Joseph H. Mar,ha11 North 17- 5~ 3~, west 514 feet more or lease:to the'mean b/gh water mark THENCE ~.,a southeaete~ly direction!alozg:-t~e.mean~high. Water,~a,_.rk of.Long~lsland~Sound'a~distance of 335.42 f~et more or less, to APR '9 ~ [the lafld:of.~l£rdd"Ro~'co.denT*' ' ' TFENCE RUNNINO along the land of ,a~d. Alfred H. Cosden South 13° 5 30# 2get-'370 ~eet:more or less, to a monument marking the riding ltne'be~w~en the land,:gf said Alfred H. Cosden and the ':' land of'~icha=d C~ Add~! .... T~ENCE South 11° il0' 30# EaSt 287.72 £eet to the point or place of BEGINN~N~ - --. ' ~ ~ ' ~ :' BEING ANDINTENDED TSBE the:same premises conveyed by Vera J. Wolff to?Bruce Robert Turner and Flora B. Turner~ his wife, by deed ~ated October 24,, 1953 end recorded in the ~ffice of the Clerk of the CoU~ty,~o£~Su~otk on October, 26, 1953..at Liber 3601 TOGKTJ~.A With all r~, title and interest, If an},, of'the piny' first pta in and to'in}' streets TO~FHJJJJ "'" ' '- ~: ~ ' "' ~' ' ..... "'~ -". . :,~ ' '~ .' ?(I:. :~: . i., AND the party of the first part covenants that the party of the first l~rt has not done or sutfer~! anything whereby the.~!d premises hive been .incumbered in any vflsy what,*ver, lexcept ' ' '~' AND the party.of the first part, in compliance with Section 13 of the i.ien Law, covenants iht the party oi the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the COst of the impmve~nent and will apply the same first to the payment of the cost of the improvement before using any part of the to~l of the some for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN N~ ~4F. RF. OF, the party of the first p~his duly executed .this deed the d~y and year ~t above written. / · On the ~4th d~ e~ Febz~t. ary~ 1981, befoee me pemnm~ cnmeSruce Ro~er2 Turner EDWARD'JOHN BOYD 5th NOT~IW PUBLIC, S~te of NB Yor~ , No. 0376625, Suffol~ County : Commi,-,bn .Expires M~rdl ~0~ ],~1]] personally cnme . to me known, who, beh~ by me duly s~o. m, did depo~ and s~y that ~e r~.side~ ~t No. to me known, wi?, bein~ by me duly sworn, did depose mad say tlmt he restdes at No. 19 , bef6f~slne'" olth~t he is the : · ' oft~ he is the , the~cotpo~aUon descn"oed , the corporation desen'bed in and whl~ exeS'ed the fo~..in~ instrument; tht in and which execut~ the fot~,oin~ instrument; tht he know,s the Kal of .said corporation; that the senl aJ know?, the seed of smd corporation; that the ~ aflbmd to smd instrument' is such corpo~te ~setl; tlut it Wis so to ss~d instrument is such corpo?e seal; that. ~t-wns affixed by order of the board of d~rectors of nld corpora- ~xed by order of the hid of d~rectors of smd tiou, and that he si~fled h name rheA. to by like order, tion, and that hc signed h nmne thereto by llke o~rder. ~at'~aln nn~ ~bale ~eeb WITH COVENANT AGAINST GRANTOR'S ACTS TrrtnNo. 81.-08-26741.5 (ch'lc:ago Title) BRUCE ROBERT TURNER S~ON 051.00 BL~X 01.00 ~T 002.000 OC~O~[}{~.TOWN 1000 TO KATIE NICKOLAUS, J~W44F, e NICHOLAS D. YUELYS, ESQ. 6159 BROADWAY BRONX, NEW YORK 10471 LoNG Legend BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of NOTICE TO ADJACENT PROPERTY OWNER to the Board of Appeals of the Town of Southold YOU ARE HEREBY GIVEN NOTICE: 1. T~clt is%thee intention of the undersigned to petition the Board of Appeals of the Town of Southold to request~ (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subj~ect of the Petition is located ad acent to your property and is des- cribed as follows: e-,{O~_ k,~) [c~k~'! t'_ ~C.tL~ ~ T ~ ~ ~ ~, ,~ ~ / 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such 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 .Ll] section ) ~O -az- [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma)' then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: Petitioner Owners'Names: ~'ct~..A,-t~ ~.~_~. ~--¥~3~.,~.~_ <~ Post Office Address Tel. No. (5-~,.. [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NAM~ PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS LU STATE OF NEW YORK ) COUNTY OF SUFFOLK) ~,~, ~ ir[ I~ , being duly sworn, deposes and says that on the ~ ~c[ day of "~-,~'-e _~£,, ~r~ ,, 19 ~, deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of ~he Town of Southold; that said Notices were mailed at the United States Post Of- fiche at c::x~c~ \~b~ ; that said Notices were mailed to each of said persons by rtified) (regist~ed) ~nail. Sworn to before me this day of , Notary Public HELEN K. DE NOTARY PUBLIC, State of New Yo~k No 4707878, Suffolk C0unty,?C/ Term'Expires M~rch 30, 19-- (This side does not have to be completed on form transmitted to adjoining property owners.) BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter CT the Petition of to the Board of Appeals of the Town of Southold YOU ARE HEREBY GIVEN NOTICE: TO ADJACENT PROPERTY OWNER 1. That. he intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (~ian~e~(Special Exception) (Special Permit) (Other) [circle choice] ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: ..,,.,2c~,,_ ~ Ick~ .~-.~C..xL_c~-.,~.~ /~._'T- 1'-7~%~ / 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: 5. That the provisions of the $outhold Town Zoning Code applicable to the relief sought by the under- signed are A:ticle '~-~ SectJ. o~ / c~-~ - [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Petitioner Owners'Names: ~ ,'Crc ~ Po~t Office Address [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NAME PROOF OF MAILING OF NOTIC£ ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P 012 612 148 RECEIPT FOR CER IFI'¥~-~MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR ~NTERNATIONAL MAIL (See Reverse) Street and NO P 0 State and ZIP Code STATE OF NEW YORK ) COUNTY OF SUFFOLK) %tL~ ~ ~,s , being duly sworn, depos~ and says that on the ~ day of ~ ~ ~ , ] 9 ~, deponent mailed a true copy of the Notice set forth on the re- verse side hereof, direc~d to each of the a~ove-named persons at the addresses set opposite thor respective name; that the addresses set opposite the names of said persons are the addresse~ of said persons as shown on the current assmsment roll of the Town of Southold; that said Notices were mailed at the United Stat~ Post Of- rice at ; that said Notices were mailed to each of said persons by (~registered) mail. Sworn to before me this ~ day of ~"x.~- , , 19 ~7 Notary Public (This side does not have to be completed on form transmitted to adjoining property owners.)