The URL can be used to link to this page

Home My WebLink About3833 APPEALS BOARD MEMBERS GERARD P. GOERRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX No. (516) 765-1823 ACTION OF THE BOARD OF APPEALS Appeal No. 3833: Upon application of PETER DESANCTIS for a Variance to the Zoning Ordinance, Article III-A, Section 100-30A.3 for permission for approval of open deck addition with an insufficient setback from the southerly side property line, adjacent to existing fence enclosure. Lot area of premises is nonconforming at approximately 26,964 sq. ft. in this R-40 Zone District. Location of Property: 380 Inlet Lane, Greenport, NY; County Tax Map District 1000, Section 43, Block 5, Lot 2. WHEREAS, a public hearing was held on April 13, 1989, in the Matter of the Application of PETER DESANCTIS under Appeal No. 3833; 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 in the "Low Density Residential R-40 Zoning District" and is identified on the Suffolk County Tax Maps as District 1000, Section 43, Block 5, Lot 2. 2. The subject premises as exists: (a) contains a total lot area of 26,964 square feet; (b) has a total frontage (lot width) along the east side of Inlet Lane of 100 feet; Southold Town Board of Appeals -2- April 27, 1989 Special Meeting (Appl. No. 3833 - DESANCTIS decision, continued:) (c) is improved with a single-family one-story dwelling, (livable area approx. 936 sq. ft.), attached deck, and fence enclosure, all as more particularly shown on the Map prepared by William R. Simmons III, L.S. dated April 20, 1986. 3. The relief requested by this application is for approval of an open C.C.A. platform addition of a size 12 ft. by 25 ft. extending from the southerly side of the house and more particularly shown on the sketched copy of survey and construction sketch submitted under this application. The setback as requested is shown to be slightly more than the established yard setback at 3.2 feet for the existing chainlink fence shown on the subject survey. 4. Article III-A, Section 100-32-A and Column ii of the Zoning Code (Bulk Schedule) requires minimum sideyards at 15 and 20, for a total of 35 feet for a principal structure. 5. In considering this application, the Board finds and determines: (a) that the subject platform is close to or at ground level, and is more of a "structure" rather than a "building" as provided under the definitions (Section 100-13 of the Zoning Code); (b) circumstances of the nonconforming property and building lend to the uniqueness of this application; (c) that the structure as proposed is the minimum necessary to afford relief; (d) that the grant of this variance does not cause a increased dwelling density thus produced on available governmental facilities; (e) the platform structure will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience, order of the town; Southold Town Board of Appeals -3- April 27, 1989 Special Meeting (Appl. No. 3833 - DESANCTIS decision, continued:) (f) in view of the manner in which the difficulty arose and in consideration of all the above factors, the interests of justice will be served by granting this application, as applied and further noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that the platform structure requested under Appeal No. 3833 in the Matter of PETER DESANCTIS located between the southerly side of the house and the existing fence situated 3.2 feet from the southerly property line, BE AND HE~F~Y IS APPROVED AS APPLIED. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Sawicki and Dinizio. (Member Doyen, of Fishers Island, was absent as agreed.) This resolution was duly adopted. lk SOUTHOLD TOWN BOARD OF APPEALS RECEIVED AND FILED BY [ THE SOUTHOLD TOWI~r Town Clerk, Town of South~ld Southold Town Board of Appeals - , .. APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR, JOSEPH H. SAWlCKI .JAMES DINIZIO, JR. NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, APRIL 13, 1989, at the following times: 7:35 p.m. Appl. No. 3832 - JOHI~ FORSBERG. Variance to the Zoning Ordinance, Article XXIV, Section 100-242 (and Article III-A, Section 100-30A.3) for permission to construct deck(s) to existing single-family dwelling structure, maintaining the nonconforming sideyard setback as exists at the westerly side. Lot area of premises is nonconforming at approximately 11,500 sq. ft. in this R-40 Zone District. Location of Property: 1310 West Road, Cutchogue, NY; County Tax Map No. 1000-110-5-12. 7:40 p.m. Appl. No. 3839 - DIANE DUNBAR. Variance to the Zoning Ordinance, Article III, Section 100-31 as disapproved, Article III-A, Section 100-30A.3 and Article XXIV, Section 100-242B for permission to construct open deck addition with an Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of April 13, 1989 insufficient setback from the front property line along Dogwood Lane (west). Lot area of premises is nonconforming at 16,423+- square feet in this R-40 Zone District. Location of Property: 615 Dogwood Lane, East Marion; Section 2, Lot Nos. 98 and 99; '/ 7:45 p.m. Appl. No. 3833 - PETER DESANCTIS. Map of Gardiners Bay Estates, County Tax Map No. 1000-37-1-11. Variance to the Zoning Ordinance, Article III-A, Section 100-30A.3 for approval of open deck addition with an insufficient setback from the southerly side property line, adjacent to existing fence enclosure. Lot area of premises is nonconforming at approximately 26,964 sq. ft. in this R-40 Zone District. Location of Property: 380 Inlet Lane, Tax Map No. 1000-43-5-2. 7:50 p.m. Appl. No. Greenport, NY; County 3836 - ANNA SCHALLER. Variance to the Zoning Ordinance, Article III, Section 100-31 as disapproved, Article III-A, Section 100-30A.3, and Article XXIV, Section 100-242B for permission to construct (garage) addition with an insufficient setback from the northerly side property line and Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of April 13, 1989 insufficient total sideyards. Lot area of premises is nonconforming at approximately 11,718 sq. ft. in this R-40 Zone District. Location of Property: 115 Parson's Boulevard (Private Road), East Marion, NY; Map of Gardiners Bay Estates, Lot 77 and part of 78; County Tax Map Parcel No. 1000-37-2-5. 7:55 p.m. Appl. No. 3837 - WAYNE L. AND TERESA A. MAZZAFEERO. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 and Article III-A, Section 100-30A.3 for permission 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. Lot area of premises is nonconforming at District. Location of Property: Marion, NY; Map of Marion Manor, No. 1000-38-2-17. 10,000 sq. ft. in this R-40 Zone 1650 Gillette Drive, East Lot #17; County Tax Map Parcel 8:00 p.m. Appl. No. 3835SE - ARTHUR V. JUNGE, INC. Amendment to Special Exception Granted under Appl. No. 3705 under Article VIII, Section 100-80B of the prior Zoning Regulations for this previously zoned C-Light Industrial Zone District, now re-zoned to Light Industrial, Article XIV, Section 100-141, to include establishment of car repairs with outside storage and future occupancy of vacant building area at easterly Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of April 13, 1989 side of building (a use to be a permitted use in this Zone District). Location of Property: 22355 C.R. 48, Cutchogue, NY; County Tax Map District 1000, Section 96, Block 1, Lot 19; containing 45,589+- sq. ft. in lot area. 8:05 p.m. Appl. No. 3834 - FRANK CURRAN. Variance to the Zoning Ordinance, Article III-A, Section 100-30A.3, and Article XXIV, Section 100-242, for an amendment to prior Z.B.A. Appeal No. 3769 rendered October 26, 1988, for construction of a pool with deck and fence enclosure with an insufficient frontyard setback and excessive lot coverage, at premises known as 780 Ha~waters Road, Cutchogue, NY; County Tax Map Parcel No. 1000-111-01-016. Lot is nonconforming with a lot area of 19,080 sq. ft. in this R-40 Zone District. 8:15 p.m. Appl. No. 3819 - RUTHANN BARTRA. Variance to the Zoning Ordinance, Article III, Section 100-32, for approval of lot containing insufficient lot area located along the easterly side of Breakwater (or Luthers) Road, Hamlet of Mattituck, NY; identified on the Suffolk County Tax Maps as District 1000, Section 106, Block 9, 2.004 (part of 2.1). The premises is located in the R-80 Zone District. Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of April 13, 1989 8:20 p.m. Appl. No 3787 - MARION ROBINS. Variance to the Zoning Ordinance, Article III-A, Section 100-30A.3 for approval of four parcels with insufficient lot area in this pending subdivision located along the east side of Little Neck Road, the north side of Baldwin Place, and the west side of Strohson Road, in the Hamlet of Cutchogue; County Tax Map No. 1000-103-10-2. Total lot area: 6.039 acres. The premises is located in the R-80 Zone District. 8:30 p.m. Appl. No. 3813 - SHELDON HILLS as Trustee for Barterama Corp. Employees Profit Sharing Trust. Variances requested 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; $outhold Town Planning Board Approved Set-Off Map March 4, 1985. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each Page 6 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of April 13, 1989 of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated: March 30, 1989. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Copies to the following on or about March 31, 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. and Mrs. John Forsberg, 259 Lincoln Avenue, Rockville Centre, NY 11570 Mr. and Mrs. George Dunbar, 19 Scott Drive, Melville, NY 11747 Mr. Warren A. Sambach, P.O. Box 1033, Cox Lane, Cutchogue 11935 Mr. and Mrs. Peter DeSanctis, 512 Park Avenue, Manhasset, NY 11030 Mr. and Mrs. Wayne L. Mazzaferro, P.O. Box 238, East Marion, NY 11939 Arthur V. Junge, Inc., P.O. Box 768, Cutchogue, NY 11935 Environment East, Inc., 3075 Indian Neck Lane, Peconic, NY 11958 Michael J. Hall, Esq., Youngs Avenue, Southold, NY 11971 Mr. and Mrs. Gustav Bartra, 227 East Breakwater Road, Mattituck, NY 11952 Mr. Kenneth Hills, Mountain Home Builders, Inc. 24 South Court, Roslyn Heights, NY 11577, (for S. Hills) FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL .(.( .~..... ~. ~ .~..Lc... ~ .u.q:. ........... ..~. ~ fi ~ .~..~5..e_.?. ~. t~....Y: ........... PLEASE TAKE NOTICE that your application dated ....... ~ ~ .~.,.../...~ ....... 19. ~'.~... for permit to construct .... ~ .... D.ff-..C-..t-.~.....~.~ .~.t..-~-. t..o..s4. ........................ at LocationofProperty ~ ~'O _~-t~--"~ k ~gt~ ~x,~ ~o: ....................... ~i ............ ~..~.~ .~ .~.o.~ County Tax Map No. 1000 Section ..... .~..~. .....Block ...... ~.. ..... Lot .... ~. ........ Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds .~.~. ~..~..~.c-../ff... ?. ~.~..t.-~. t..o ?.... b.o..~.~...~.qT....~.: .~,~e.. ~....~.~ .~.~ ?-..q.~.... ff t.~.e.. ¥~ .~..~...?..~:T.~...,3~. ?.L...ftc.5 .~..~..~..o.t..~..~. ~:.: .g.~....-rT. ~...c_. ?.~. ~...o..e:...Tq..~.. T.q .w..~...o..~..?~. q.7-...~..c.~. ..... ._.C.c.~J ........ · .............. : ..... Building Insp~tor ' RV 1/80 TOWN OF SOUTHOLD, NLrW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR FEB gSg APPEAL NO. DAT TO THE ZONING BOARD OF APPEALS, TOWN OF S'J~iJ~,~J~I. Name of Appellant Street and Number ............ ~ l~ J~ ~J~ ............................................... ~lJ ~/~ ............ HEREBY A~L TO Municipality State of PERMIT TO USE PERMIT FOR OCCUPANCY 4 THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED .......................................o.~/..~/./...,~...~.. WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit .............. ............. Street and Number Municipality State ,/ 1. LOCATION OF THE PROPERTY .'~......J~....."~..~lP~/:......~..~..~...,..~.~.¢.r*j'C..q..,:~...../......~....X...C...~..~,,~ Street /Hamlet / Use District on Zoni~' Map ~.~.s. ~[~ ~...?~.. ?.~.~ ~.~..~.~.!.9.?~'.~.~... Cur r e n t ~,er Mop No. Lot No. PP~0r 0wne~ 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 i/I-/ZJ Section /(,,)O-,~4,X~' 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( ) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chop. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision o{ the Building inspector or with respect to this property. Such appeal was ( ) request for o special permit ( ) request for o variance and was mode in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance is requested for the reason that~ ~rou4d &vel ~ao~ p/al ~om ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION~,:~ .'rH~E ~O~RDINANCE would produce practical difficulties or unneces- 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 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because ' ' ',-[X~ o~o-- i~ ~l~,~z? c:,~o~-~.~ ~o~ ~. ~' '~~-ev'sA'*7 STATE OF NEW YORK ) . 7-- COUNTY OF ) Signature Sworn to this .............. ~.....~... ................ day of .........~..' ......................... J9~ '~ Notary Public C,~N!CE FERRIC;ia Qu~'.:~;ad in Nassau Comm~s~on b:pims April 30, 1990 TOWN OF $OUTHOLD PROPERTY RECORD CARD OWNEI~ STP, EET VILLAGE DIST. SUB. LOT FORMER OWNER ' N/,/. R. ?~t0¢~ " / E~./,__(,C~ ACR..i,,~ J/' ~C-~;/''~'~W ~-~;---~ OF BUILDING ~ ~:~_._.__--.,"2, TYPE RES., .~ (~0 j SEAS. VL. FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS AGE BUILDING CONDITION N~ NOR~L BELOW ABOVE - FA~ Acre Value Per V~lue Acre / ~, ~ / ~O T,,,.~,e ~ONT*~ O. W*T~~/ 0 0 ~ ~_- / Wo~land FRONTAGE ON ROAD Meadowlond DEPTH ~ ~ ~ ~O House Plot BULKH~D Total D~K COLOR TRIM ~,b-~. ,(.'; M. Bldg. Extension Extension Extension Porch Breezeway Garage Patio Total _ Foundation Basement Ext. Walls IFire Place kype Roof Recreation Room Dormer Bath Floors Interior Finish Heat Rooms 1st Floor Rooms 2nd Floor Driveway i Dinette i -p~! .~.~ ;. LR.' /~42. G,O · SURVEYED xc,f,,q,,:7,,"/-./ -,*~o, lgc~ 70 WEST ~A~N STREET · .'.. · EAST tSLIP, L L, N.Y.: ' , '1 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONtS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKi JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 $OUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765'1809 FAX No. (516) 765-1823 May 16, 1989 Mr. and Mrs. Peter DeSanctis 512 Park Avenue Manhasset, NY 11030 Re: Appeal No. 3833 - Variance Dear Mr. and Mrs. DeSanctis: 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 Inspector for issuance of permits and other documents which are applicable to your project. Yours very truly, GERARD P. GOEHRINGER RMAN ~ / inda Kowa~sKi Enclosures Copy of Decision to: Building Department Suffolk County Department of Planning Southold Town Board of Appeals -3- April 27, 1989 Special Meeting (Appl. No. 3833 - DESANCTIS decision, continued:) (f) in view of the manner in which the difficulty arose and in consideration of all the above factors, the interests of justice will be served by granting this application, as applied and further noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that the platform structure requested under Appeal No. 3833 in the Matter of PETER DESANCTIS located between the southerly side of the house and the existing fence situated 3.2 feet from the southerly property line, BE AND HEREBY IS APPROVED AS APPLIED. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Sawicki and Dinizio. (Member Doyen, of Fishers Island, was absent as agreed.) This resolution was duly adopted. lk GERARD P. GOEHR~RMAN SOUTHOLD TOWN BOARD OF APPEALS RECEIVED AND FILED BY THE SOUTHOLD TO%VN CLERK DATE ~- I&-~ HOUR __ Tow__n C!¢r!¢, Town of DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE 360-5206 ARTHUR H, KUNZ DIRECTOR OF PLANNING May 18, 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) ~.~otm Forsberg eter DeSanctis Diane Dunbar 3832 3833 3839 Very truly yours, Arthur H. Kurtz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner VETERANS MEMORIAL HIGHWAY HAUPPAUGE, LI. NEI# YORK ! rTE8 (516) 360-51 ~2 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- 5,TATE ROAD 25, SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 Pursuant to Article XIII Board of Appeals of the the following Variance Variance Special of the Suffolk County , X Charter, the Town of Southold, New York, hereby refers to the Suffolk County Planning Commission: from the Zoning Code, Article III-A SectionlOO-3OA.3 from Determination of South61d Town Building Inspector Exception, Article , Section Special Permit X Appeal No.: 3833 Applicant: Peter DeSanctis Location of Affected Land: 380 Inlet Lane, Greenport, NY County Tax Map Item No.: 1000- ~-5-2 Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area Land 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. or COMMENTS: Applicant is requesting permission to construct deck with insufficient setback from sideyard. Copies of Town file and related documents enclosed for your review. Dated: May 16, 1989 .I FILE NO. .,,4,,/',~.,~j, /../ ~'~lg~'G BY 70 WEST MAIN STREE~ ' . ,. EAST ISLIP, L I., N.Y.- ' ~ : .: i' . . . .~' O..o...A NOTICE OF HEARINGs ! ' NOTdCE 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, APRIL 13, 1989, at the following times: 7:35 p.m. Appl. No. 3832-- JOHN FORSBERG. Variance to the Zoning Ordinance, Arti- cle XXIV, Section 100-242 (and Article III-A, Section 100- 30A.3) for permission to con- · ~t~ct deck(s) to existing single- family dwelling structure, main- 7 raising the nonconforming side-~ yard scthsck as exists at the westerly sMe. Lot area of pre- mises is nonconforming at ap- proximately 11,500 sq. ft. in this R-40 Zone District. Location of Property:~1310 West Road, Cutchogue, NY; County Tax Map No. 1000-110-5-12. 7:40 p.m. Appl. No. 3839-- DIANE DUNBAR. Variance to the Zoning Ordinance, Article III, Section 100-31 as disap- proved, Article III-A, Section 100.30A.3 and Article XXIV, Section 100.242B for permission to coas;truct open deck addition with an insufficient setback from the front property line along Dogwood Lane (west)~ Lot area of premises is noncon- forming at 16 423 ± square feet ~l~hi~ R-40 Zone District. Loca*' tion of Property: 615 Dogwood Lane, East Marion; Map of Gardiners Bay Estates, Section 2, Lot Nos. 98 and 99; County Tax Map No. 1000-37-1-11. ~' 7:45 p.m. Appl. No. 3833--~t~- PETER DESANCTIS. Variance to the Zoning Ordinance, Arti- cle III-A, Section 100.30A.3 for approval of open deck addition with an insufficient setback from the southerly side proper- ty line, adjacent to existing fence enclosure. Lot area of premises is nonconforming at approxi- mately 26,964 sq. ft. in this Zone District. Location of Pro- perty: 380 Inlet Lane, Green- port, NY; County Tax Map No. '-4000-43-5-2. 7:50 p.m. Appl. No. 3836~-~' ANNA SCHALLER. Variance to the Zoning Ordinance, Arti- ' cie III, Section 100-31 as disap- proved, Article III-A, Section 100-30A.3, and Article XXIV, Section 100-242B for permission to construct (garage) addition with an insufficient setback from the northerly Side proper- ty line and 'ifisufficient total sideyards. LOt area off premises is nonconforming at approxi- mately 11,718 sq. ft. in this R-40 Zone District. Location of Pro- perty: 115 Parsons' Boulevard, (Private Road), East Marion, NY; Map of Gardiners Bay Es- tates, Lot 77 and part of 78; County Tax Map Parcel No. 1000-37-2-5. 7:55 p.m. Appl. No. 3837-- WAYNE L. AND TERESA A. MAZZAFERRO, Variance to the Zoning"Ordi~nance, Article XXIV, Section 100-244 and Ar- ticle III-A~ Section 100-30A.3 for permission for approval of existing swimming pool with deck areas which will have an in- sufficient rearyard setback when attached by a raised deck to the. rear of the existing dwelling. Lot area of premises is-noncon- forming at 10,000 sq. ft. in this R-40 Zone District. Location of* Property: 1650 Gillette Drive, East Marion, NY; Map of Marion Manor, Lot # 17; Coun- ty Tax Map Parcel No. 1000-38- 2-17. 8:00 p.m. AppL No. 3835SE --ARTHUR V. JUNGE, INC. Amendment to Special Excep- tion Granted under Appl. No. 3705 under Article VIII, Section 100-80B of the prior Zoning Regulations for this previously zoned C-Light Industrial Zone District, now re-zoned to Light Industrial, Article X!V, Section 100-141, to include establishment .~_,,~of~,.~tr.repairs ,with outside ' s~rage a~ld future occupancy of vacant building area at easterly side of building (a use to be a permitted use in this Zone Dis- trict). Location of Property: 22355 C.R. 48, Cutchogue, NY; County Tax Map District 1000, Section 96, Block 1, Lot 19; con- taining 45,589± sq. ft. in lot area. 8:05 p.m. AppI. No. 3834-- FRANK CURRAN. Variance to the Zoning Ordinance, Article III-A, Section 100-30A.3, and Article XXIV, Section 100-242, for an amendment to prior Z.B.A. Appeal No. 3769 render- ed October 26, 1988, for con- struction of a pool with deck and fence enclosure with an in- sufficient frontyard setback and excessive lot coverage, at pre- mises known as 780 Haywaters Road, Cutchogue, NY; County Tax Map Parcel No. 1000-111-01- 016. Lot is nonconforming with a lot area of 19,080 sq. ft. in this R-40 Zone District. 8:15 p.m. Appl. No. 3819--~ RUTHANN BARTRA. Variance to the Zoning Or- r dinance, Article III, Section 100-32, for approval of lot con- taining insufficient lot area located along the eas~rly side of Breakwater (or Luthers) Road, Hamlet of Mattituck, NY; iden- tified on the Suffolk County Tax Maps as District 1000, Section 106, Block 9, 2.004 (]art of 2.1). The premises is located in the R-80 Zone District. - 8:20 p.m. Appl. No. 3787~- -MARIO~ ROBINS. Variance to the Zoning Ordinance, Article III-A, Section 100-30A.3 for proval of four parcels with in- sufficient lot area in this pend- ing subdivision 1Qcated along the east side of Little Neck Road, the north side of Baldwin Place, and the west side of Strohson Road, in the Hamlet of Cutchogue; County Tax Map No. 1000-103-10-2. Total lot area: 6.039 acres. The premises is located in the R-80 Zone District. 8:30 p.m. Appl. No. 3813- SHELDON HILLS as Trustee for Barterama Corp. Employees Profit Sharing Trust. Variances requested 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 Pro- perty: Private Right-of-Way re- ferred to as Private Road # 11 (also referred to as Aldrich Lane Extension), ext6nding 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. 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 com- ments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time al- lotted. Additional time for your Presentation will be available, if needed. For more information, please call 765-1809. Dated: March 30, 1989 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER : CHAIRMAN ' By Linda Kowalski , ~.,. - IX, 4/6/89 1113'~ pan ~; County Tax Map Parcel No. 1000-37-2-5. 7:55 p.m. Appl. No, 3837 -- Zoning Ordinance, A~iele XXIV. tached by · raised deck to the rear of PmnUses is nonc~forming at 10,000 Location of Ihupeny: 1650 Gilleue Map Parcel No. 1000-38-2-17. 8:00 p.m. AppL No. 3535SE -- Gmued under Appl. No. 3705 under A,mlcl~ ~ Se~iou 100-80B of the Industrial, ARicle XIV, Section 100-~0 mpaus with outside storage and future permitted use in this Zone Distfic0. 1, L~ 19; containing 45,589-~ sq. ft. Zoning O~inance, Anicle I~-A. Sec- fmatyard setback and excessive lot with a lot area of 19,080 sq. ft. in this R-40 Zone District. $:15 p.m. Appl. No. 3819 -- RUTHANN BARTRA. Variance to the Zoning Ordinance. Article l~ Section 100-32, fo~ approval of lot along the easterly side of Breakwater (or Lmhen) Road, Hamle~ of Matti. Section 106, Bloc~ 9. 2.004 (l~n of g:20 p.m. Appl. No. 3787 -- NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN. Law and the Code of the Tov, n of 5ontho{d, the following hearings will BOARD OF APPEAL5 at · Regular Meeting, at ~he Soothold Town THURSDAY, APRIL 13, 1989, at the foRowing times: 7:35 ~.m. AppL No. 3832 -- JOHN FORSBERG. Variance to the Zoning Ordinance, Anicin XXIV, 5e~inu 100-242 (and Article m-A, Section 10J~30A.3) for penuission to ~,tm~ deck(s) to e~,iatins single- family dwelling strac~ure, maimain- ins the nm~oufommlng sideyard set- ~ as exes at d~ westerly side mg at appro~mately 11,500 sq. ft. in this R-40 Z~e District. Locaton of property: 1310 West Road, Cmchogue, NY; County Tax Map 1~0-110-5-12. 7:40 p.m. AppL No. 3839 -- DI- ANE DUNBAR. Variance to the 100-31 as disapproved, Anlcle itt. A, 5ee~m 100-30A-3 and Article XXiV, Z~ing Ordinance, A~icle I~-A, Sec-. ~ 100-30A.3 for approval of fonr parcels with insufficient lot area in Section I00-242B for pam~aion to the east side of L;#I. Nr.~ Road, the (we~).t~tm~aofpannisesisnon. q' ~ Map No. 10~O-I03-10-2. Total lot eonfotr~ at 16,423~:squa~ fee~in a~ea: 6.039 ac~$, The pt~nises is tl~s R-40 ~e Dimict. Location of Property: 615 Dogwood Lane, East leeatedin the R'8OZone District'"fD 8:30 Marion; Map of Gard~e~ Bay Es-. SHELDON HILLS as Trustee for tares, SecUre 2. L~ No~, 98 and 99 Barterama Corp. Employees Profit Comay Tan Map No. 1~00-37-1-11 ~ 7:45 p.m. AppL No. 3833 -- PE-~ Sharing Tm~ Variances requested to ~ DEXAN~TI$. Variance to the ~ reduce side yards to less th~n the re- ~Z~i g Ordinal_, Anlde m.A, Sec. ! quired 20 and 25 feet, and less than 100-3OA.$ for · . approval of open this 2+ acm wcant rcel Zone ' uic pa · Dis- t: R-80, Location of Property: ~.._t:_~__ ..~ .r~. n the so~.he~y side proper ty~ Private Right-of-Way referred to a. une~ .adjacent toe.sting fer~e enclo-/ surr..Lot area of premises is noncon In .mung at approximately 26,964 sq.~ Private Road #1 Aldrich Lane Extension), extending ~ m t~s R'40 ~e Dist~ct. Loca. ~ °ff the n~h side of Sound Avenue, on of Property: 380 Inlet Lane, ~ Matfimck, NY; C~nty Tax Map Lot 12; S~thold Town Planning ~A~7.']O p.m. Appl. No. 3836 ~ Board Approx~l Set-Off Map March A SCHALLER. Variance to the 4, 1985. Zonin# O~inance, A~c.~ ~, Se~inn , The Board of Appeah wi~ at said ~ne and place hear any and ail per- 100-~1 as disapproved, Anlc~ I~-A, ~s or rapmsentetivea desiring to be Section I00-30A.3, and Article XXIV, Se~ion 100-242B for pa~nis- heard in each of the above matters. sion to construct (~arage) addition Written COmments may also be sub- with an insu/~isnt se0~ck fr~n the rr~tted prior to the c~clusion of the sub.~t hear~g. Each hearing wUl not ficinm ~ sideyards. Lot ama of ~aR befo~ the t~ allotted. Addi. p~.'se* is nonconforming at ap- Pm~'"~-elyli,718sq. ft.inthisR. · ,-" SouL.als. frontpage , STATE OF NEW ~K) )SS: COUNTY OF SUFFOLK) Naribeth PoYers of Mattituck, In said County, being duly sworn, says that he/she Is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published et Mattltuck, In the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly ~blish~l In aald Newspaper once each week for ] weeks successively, commencing on the 6 day of ~pr i 1 1% Continued from' Orevioos,' page Principal Clerk donel time for your Presentation will be available, if needed. For more in- formation, please call 765-1809. Dated: March 30, 1989. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS ~,r~y GERARD P. GOEHRINGER · CHAIRMAN ,~i',ol: - ~ ~:~60 Southold Town Board of Appeals MAIN EDAD- STATE El-lAD 25 ¢~OUTHI~LD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICK[ JAMES DINIZIO, JR. 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 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. FI971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS April 13, 1989 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S. P,. Q. R. A. SERGE DOYEN, JR. JOSEPH H. SAWICKI NEGATIVE ENVIRONMENTAL DECLARATION JAMES DINIZIO, JR. Notice of Determination of Non-Si~nificancn APPEAL NO.: 3833 PROJECT NAME: PETER DESANCTIS This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to ha~e a 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 similar project. TYPE OF ACTION: IX] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION:Approval'of open deck addition with an insufficient setback from the southerly property line, adjacent to existing fence enclosure LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly knQwn as: 380 Inlet Lane, G~e~nport,.NY · 1000-43-5-2 REASON(S) SUPPORTING THIS DETER~INATION: (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) Construction proposed is landward of existing structures. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowals~i, 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. 617.21 Appendix C State Environmenta| Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART. I~PROJECT INFORMATION (To be completed by APplicant or Project sponsor) 1. APPLiCANT/SPONSOR I 2. PROJECT NAME I 3. PROJECT LOCATION: SEQR 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED; Initially ,/,~ "X' <~S/ acres Ultimately /~'~ /-(..~ / acres WILL PROPOSED ACTION COMPLY WITH EX)STING ZONING OR OTHER E.XJSTINO LAND USE RESTRICTIONS? [] Yes ~No If NO, describe t3riefly 9. WHAT IS PRESENT LANO USE IN V C N TY OF PROJECT? t0. [] Residential [] Industrial ?-~ Commercial FI Agriculture [] Park/Foresl/Open s~ace [] Olher DOES ACTION INVOLVE * PERMIT APPROVAL, OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL. STATE OR LOCAL)? [] No I! yes, llst agency(s) and permit/approvals ti. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REOUIRE MOD F CATION? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE If the action is in the Coastal Area. and you are a state agency, complete the I Coastal Assessment Form before proceeding with this assessment I OVER 1 (Continued on reverse sJ.c~e) The N.¥.S. Environmental Quality Review Act requires submission before any action is taken. SHORT ~NVIRONMENTAL ASSESSMENT FORM 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) En~vironmental Assessment 1. Will project result in a large physical change to the project site or than 10 acres of land? physically alter more 2. Will there be a major change to any unique or unusual land form on the site? 3. Will project alter or have a large effect on an existing body of water? 4. Will project have a potentially large impact on groundwater quality? 5. Will project significantly effect drainage flow on adjacent sites? 6. Will project affect any threatened or endangered plant or animal species? 7. Will project result in a major adverse effect on air quality? 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 ~No 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontoloqicuf, importance or any site designated as a critical envircnmental area by a local agency? -, Yes ~No 10. Will project have a major effect on existing or future recreational opportunities? ~Yes LNo i1. 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- Will project have any impact on public health 14. Will project affect the existing community by directly causing a growth in permanent popula- period or have a major negative effect on the charact~ of the community Or neighborhood? 15. Is there public controversy Concerning the project? ZBA ~/75 Date: FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. No Z17729 CERTIFICATE OF OCCUPANCY Date JANUARY 31~ 1989 THIS CERTIFIES that the building Location o~ Property 380 INLET LANE House No. County Tax Map No. '1000 Section 43 subdivision ADDITIONS GREENPORT Street Hamlet Block 05 Lot 02 Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated OCT. 19~ 1988 pursuant to which Building Permit No. 17563Z dated OCT. 27~ 1988 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is DECK ADDITION AND SCREEN IN ~ISTING, DECK WITH DECK ON ROOF. The certificate is issued to PETER & CLAIRE DE SANCTIS (owner, of the aforesaid building. SUFFOLK COUNTY DEPARTI~ENT OF HEALTH APPROVAL UNDERWRITERS CERTIFICATE NO. PLUMBERS CERTIFICATION DATED Building Inspector Rev. 1/81 QUESTiO._'~NAIRE TO BE COMPLETED AND SUB.~IITTED ' N l~TII YOUR APPL£CAFIO~ [.'O.q~.IS 'FO THE BOARD OF APPEALS Please complete[ sign and return to the Office of tile 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 ~ 2.a)Are there (Attached Town Code b)Are there any areas which Contain wetland grasses? is a list of the Wetland grasses defined by ~ , Ch. 97 for your reference.) Yes any areas open to a waterway without bulkhead? Yes 3. Are there existing structures at or below ground level, such as patios, foundations, etc? Yes 4. Are there any existing or proposed fences, cDncrete ~ barriers, decks, etc? ~ No 5. If project is proposed for an accessory building or structure, i$ total height at more than 18 feet above ~ average ground level? State total: ft. Yes 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 9 and Nature: Yes Yes ~ Yes ~ Do state whether or not applications are. pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning Board Town Board Town Trustees County Health Department Village of Greenport N.Y.S.D.E.C. Other Yes<< Yes Yes ~ Yes Yes Yes Yes 10. 11. 12. Is premises pending a sale or conveyance? If yes, please submit copy of names or pucchasers and conditions of sale. (from cqntract) Is new construction proposed in the area of contours at 5 feet or less as exists? If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have you made application to the Town Trustees for an inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? Yes Yes ~ Yes No 13. Please list present use or operations conducted upon the subject property at this time ~,.~ o~ ~-~ ~,~-¢~ and proposed ~ ~ ~ c ~ Please submit photographs [or tl~e record. I certify that the above statements are true and are being submitted for reliance by the Board ~ ~ o~/p~als in considering my application. Si~na~e (?roper~y Owner) (Authorized Agent) 1/88 WETLANDs [Amemled 8-2~;-71; hy L.L. No. 2-1976; 3-2G- 85 by L.L. No. 6-1985]: A. TIDAL WETLANDS: (I) Ail lands generally cover~,d or h~rnfittcntly cov- ered ~vith, or which bord.r on. tidal waU~ru, or lands ' lying beneath tidal water~, which at me:m Iow tide . are covered by tidal waters to a maximum depth of five (5) feet. including but not limited ~ banks. bogs. salt marsh. Swamps. men( ows flats or other low lying lands subject to tidal aetinn: (2) All banks, bngs. meadows, flats and tidal marsh subject ~ such tides and upon Which grows or may grow some or any of the following: salt bay. black grass, saltwort, sca lavender, toll cordgrass, high hush. cattails, gronndsel, marshmallow and march eordgrass; ami/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection Al2) and lying witMn seven. ty-five (75) feet ]amlward of the most landward edge of such a tidal wetland. FRESItWATER WETLANI)S: (1) "Freshwa~r wetlands" as defined in Article 2.1. Ti- fie 1. ~ 24-0107. Subdivisions l(a) ~ l(d) inclusive. of the EnvironmenMl Conservation Law of the Sta~ of New York; and (2) All land immediately adjacent to a "freshwater xvet- land," as defined in Subsection B(1) and lying with- in Seventy-five (75) feet landward of the most land- ward e " - dgc of a fi eshwater wetland.,, 9705 CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT--THIS INSTRUMENT SHOULD BE USED BY LAiNYERS ONLY, This Indenture, made the ~_/~'-'~day of Ap~'il nineteen hundrgd and eighty-six Between ESTHER NEWMAN, residing at 37 Willis Avenue, Cresskill New Jersey 07626, ' party of thu first part, and PETER DeSANCTIS and CLAIRE DeSANCTIS, his wife, residing at 512 Park Avenue, Manhasset New York, 11030 ' ' !000 ~,LOCK ~'. O0 Oo, - ooo party of the second partf ...... Witnesseth, that the party of the first part, in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release onto the party of the second part, the heirs or successors andasslgns of the party of the second part forever, AIIthatcertainplot, pieceorparcelofland withthebuldingsandimprovementsthereonerected mtu beingin~ East of the Village of n ............ 'ate. lyingand = ~==~Fu~c, ~ne Town of Southold of Suffolk and State of New York b~--~-~ ....... , County , uuz~u~u ~n~ ~escrlDeQ as follows:. B~GINNING at a concrete monument set on the easterly line of Inlet Lane, 300.00 feet southerly along said easterly line from .its ihtersection 'with the southerly line of Manhanset Avenue, being the northwesterly corner of land of Walter Mills; from the said point of beginning runn- ing northerly along said easterly line of Inlet Lane, 100.00 feet to a concrete monument and land of Straussner; thence easterly along said land of Straussner, being at an angle of ninety degrees with said easterly line, 320 feet, more or less, to the high water line of Gull Pond Inlet; thence southwesterly along said high water line of Gull Pond Inlet, 140 feet, more or less, to said land of Walter Mills; thence westerly along said land of Walter Mills, being parallel with the northerly line of the premises herein described, 220 feet, more or less, to the point of beginning. Together with the right, title and interest of the par~y of the first part, if any, in and to the waters and land under th~.~aters of. Gull Pond Inlet to the center line thereof adjacent to the above-described property. Being and intended to be the same premises conveyed to the party of the first part herein recorded in Liber 8797 cp.588. The premises herein conveyed are not encumbered by a credit line mortgage. Together with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; Together with the appurtenances and ail the estate and rights of the party at the first part in and to said premises; To Have And To Hold the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. And the party of the first part covenants that the party of the first part has not done or suffered anythin§ whereby the said premises have been encumbered in any way whatever, except as aforesaid. And the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvem ant and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. In Witness Whereof, the party of the first part has duly executed this deed the day and ~ear first abovu written. ® 4 13.1 COUNTY OF SUFFOLK ,o,,.o, SOU'rHOLD O43 HD R-80 HD R-80 R-40 ISLAND Meeting Date: April 13, 1989 Appeal No.3833 Members Absent, if any: Applicants: Peter DeSanctis Relief requested and I-ocation: Approval of open deck ~dditlon w;ltk ;~nsuffic~ent setback from tke soutkerly sade property lkne. 380 Inlet La. Charles Serge James Gerard Joseph Greenport Grigonis Doyen Din i z i o Goehringer Sawicki 43-5-2 Resolution made by: ( ) ( ) ( ) ( ) · ( ) Seconded by: ( ) ( ) ( ) ( ) ( ) ACTION: ( ¢ ( ( ) Approve as applied ( ) Subject to County Planning Referral ) Deny as applied ( ) Subject to Planning Board approval )' Deny without prejudice ( ) Subject to D.E.C. ) Deny Withdrawn Without Prejudice as requested Approve with the following Conditions: [I] -[ 3] [4] ( ) (x) NOTES: [ ] This Variance is temporary Special Exception criteria appli(of two years, EXCEPT Prior application conditions applical[ for a maximum period where the progosed subdivision has been finalized by all agencies and the parcels have been transferred by deed or other legal COnveyance to reflect the subdivi- sion lines accordingly. a building permit has been properly issued and construction commenced within this limited two-year period. VOTE OF THE BOARD: Ayes: ( ) CC Nays: ( ) CG ~? Abstain: ( ) CC Absent: ( ]CG ( ) SD ( ) JD ( ) GG ( ) JS ( ) SD ( ) JD ( ) GG ( ) JS ( ) SD ( ) JD ( ) GG ( ) JS ( ) SD ( ) JD ( ) GG ( ) J5 Resolution was passed: ( ) unanimously Resolution was not passed: ( ). This application was recessed until ( ) by majority vote I I~/Q LL 4' # TOWN OF SOUTHOLO ,/----~-~COUNTY OF SUFFOLK '[° ~ ........ '~° qReol Property Tax Service Agencylv,LL,O~OF 043 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 to request a ~ (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: 3. That the property which is the ~ubject of such Petition is located in the following zoning district: 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 A:ticle I/I ~ Section [ ] Section 280-A, New York Town Law for approval of access over ri§ht(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you ma), then and there examine the same during regular office hours. (516) 7~'5-1809. 7, That before the relief sought may be granted, a public hearing must be held on 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: Post Office Address .-/c Tel. No. [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NAM~ PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS S86[ aun£ '008~: UJJod Sd STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: ~a~~ /~ . being duly sworn, deposes and says that on the ~ day '0f ~ ~ ~-~ ~ ~ ,19 ~, deponent mailed a true copy of the Notice set forth on the re- ver~ ~ide hereof, directed to each of the a5ove-named persons at the addresses set opposite thor 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- /~ ~ ~-:~ /~ ;that said Notices were mailed to each of said persons by (registered) mail. Sworn to befor me this c~'/ dayo / - ~NICE FERRIGNO NO~ Public, S~te of NeW York Ho. 4~-4713595 quslifi~d in Nassau ~mi~ion ~p[ms April 30, (This side does not have to be completed on form tra'nsmitted to adjoining property owners.) 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 to request a (~ (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: ~.~_3. That the property which is the subject of such Petition is located in the following zoning district: That by such Petition, the undersigned will request the following relief: S. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article /// /~ Sect/on _/o~)-- [ ] 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. (5'16) 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: (~(a,;'c ~-~_~r~ ~' Pos[ Office Address Tel. No. (~/~) ~-1~O [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NAM~ PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK) O/~r-<., ~c~cq,n~ , residing at .~w'~/~__ j~4w_//~ ~C ~ ~//~ ~- ~.~ , being duly sworn, deposes and says that on the ~ 9 .day o( ~ ~ ~ ~ a. ~ / , 19 ~, deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directe~ t~each of the aBove-named persons at the addresses set opposite thor respective namm; 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 ~ ~ ~ ~ ~o~ ; that said Notices were mailed to each of said persons by ~registered) mail. / Sworn to bef.o.~:~,me/this ~ ~ day of/~:k ~-'~rl.6_-/' , _ 19 ' - Notary Public- - C~/ ~U Public, S~ate of NeW y~ No. 41~71~595 Qualified · (This side does not have to be completed on form transmitted to adjoining property owners.)