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HomeMy WebLinkAbout3827APPEALS 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 - STATE ROAD 25 P.O. BOX 1179 SOUT.HOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-18~9 FAX No. (516) 765-1823 ACTION OF THE BOARD OF APPEALS Appeal No. 3827: Application of EDWIN KINSCHERF for a Variance to the Zoning Ordinance, Article I, Section 106-20,(Article III, Section 100-31, as disapproved) for approval of insufficient areas in this pending subdivision. Property Location 2700 Sound Avenue, Greenport, County Tax Map District 1000, Section 043, Block 04, Lot 29, 30, 35. WHEREAS, a public hearing was held and conclude on september 21, 1989 in the Matter of the Application of EDWIN KINSCHERF under Appeal No. 3827; 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 west side of Inlet Lane, in the Town of Greenport, and is identified on the Suffolk County Tax Maps as District 1000, Section 043, Block 04, Lots 29-30-35. 2. This is an application for a Variances from the Zoning Code Article I, Section 106-20, Article III, Section 100-31, for approval in this pending division of land, proposed subdivision will have insufficient areas. Page 2 Appl. No. 3827 Matter of EDWIN KINSCHERF Decision rendered October 4, 1989 3. The subject premises for the proposed subdivision is known and referred to as being divided into 3 lots, on the Survey by Roderick Van Tuyl, P.C. Dated June 13, 1986, the first Lot A will have 10,000+- sq. ft., Lot B will have 5,000+- sq. ft., and Lot C will have 5,000 sq. ft. 4. In considering this application, the Board finds and determines: (a) that the circumstances of this application are uniquely related to the premises and its established nonconformities; (b) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (c) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance, as applied conditionally noted below. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Sawicki, it was RESOLVED, to GRANT a Variance in the matter of the application of EDWIN KINSCHERF as applied under Appeal No. 3817 for a division of land, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That Lot Set off "C" shall conform with all setback requirements. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Sawicki and Dinizio. This resolution was duly adopted. df RECEIVED AND LED BY THE SOUTHOLD TOWN Town Clerk, Town of Southold GERARD P. GOEHRINGER, CHAIRMAN I L_~ ....... J ! SUFFOLK COUNTY DE:PT, OF HEA TH SERVICES --. FOR APPROVAL OF CONSTRUC f ON ONLY 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 - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX NO. (516) 765-1823 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, SEPTEMBER 21, 1989, at the following times: 7:30 p.m. Appl. No. 3861 - SOUTHOLD FREE LIBRARY. Variance to the Zoning Ordinance, Article IX, Section 100-102, as Disapproved, (nonconforming Bulk area and parking requirements of the Hamlet Business District) Proposed construction will have insufficient total side yard setbacks. Property Location: 53705 Main Road, Southold; County Tax Map No. 1000, Section 61, Block 1, Lot 14. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 7:35 p.m. Appl. No. 3859 - EMANUEL PIPERAKIS AND DIMITRIOS AGRIROPOULOUS. Variance to the Zoning Ordinance, Article XXIII, Section 100-239d (A) (1), as disapproved, for permission to construct and inground pool with deck and fence, within 100 feet from Sound in this R-40 Zone District. Property Location: 3410 North Sea Drive, Orient; County Tax Map No. 1000, Section 15, Block 1, Lot 3. 7:40 p.m. Appl. No. 3798 - ELIZABETH McCANCE. Variance to the Zoning Ordinance, Article I, Section 106-20 (Article III Section 100-31 as Disapproved) for approval of insufficient area in this pending division of land.of property, (R-80 Zone District. ) Property Location: Mansion House Drive, Fishers Island; County Tax Map District 1000, Section 06, Block 05, Lot 3-5.1. Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 7:45 p.m. Appl. No. 3863 - NICHOLAS TSIRKAS. Variance to the Zoning Ordinance, Article XXIV, Section 100-244, as disapproved, for permission to construct a one family dwelling with an insufficient 40' frontyard setback in this R-40 Zone District. Property Location 2700 Sound Avenue, Greenport, County Tax Map District 1000, Section 033, Block 01, Lot 11. 7:50 p.m. Appl. No. 3827 - EDWIN KINSCHERF. Variance to .--~he Zoning Ordinance, Article I, Section 106-20, (Article III, ~ection 100-31, as disapproved), for approval of insufficient areas in this pending subdivision (R-40 Zone District.) Property Location: 350 Wood Lane, Greenport, Section 043, Block 04, Lot 29-30-35. /// Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 7:55 p.m. Appl. No. 3864 - LOEPOLD STERN. Variance to the Zoning Ordinance, Article XXIII, Section 100-239d, B. (Article XXIV, Section 100-244, as disapproved), for permission to construct a one family dwelling with an insufficient rearyard setback, approximately 75 feet from the bulkhead in this R-40 Zone District. Property Location: 1390 Bayview Drive, East Marion, County Tax Map District 1000, Section 37, Block 5, Lot 22. 8:00 p.m. Appl. No. 3865 - CHARLES AND CAROL BURST. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, as disapproved, for permission to construct addition with insufficient side and rearyard setbacks in this R-40 Zone District. Property Location: 705 Windy Point Road, County Tax Map District 1000, Section 87, Block 4, Lot 6. Page 5 - Notice of Hearings $outhold Town Board of Appeals Regular Meeting of September 21, 1989 8:05 p.m. Appl. No. 3866 - HENRY ARBEENY. Variance to the Zoning Ordinance, Article VIII, Section 100-82, as disapproved, for approval of insufficient area in this pending subdivision, (Light Business Zoning District (LB), Property Location: Route 48, Kenny's Road, Southold, County Tax Map District 1000, Section 059, Block 07, Lot 31. 8:10 p.m. Appl. No. 3849 - CIPITELLI BROS. REALTY. Variance to the Zoning Ordinance, Article XXIII, Section 100-239d, A (1), as disapproved, for permission to construct a one family dwelling with a insufficient setback and within 100 feet from Long Island Sound in this R-40 Zone District. Location of Property: 90 Petty's Drive, Orient, County Tax Map No. 1000, Section 14, Block 2, Lot 24. Page 6 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 8:15 p.m. Appl. No. 3852 - RICHARD DiBLASI. Variance to the Zoning Ordinance, Article III, Section 100-30A3, as disapproved, for permission to construct open deck in front yard, nonconforming with bulk area and parking regulations in this R-40 Zone District. Property Location: 360 Bayview Drive, East Marion, County Tax Map No. 1000, Section 037, Block 04, Lot 01. 8:20 p.m. Appl. No. 3852 - ELLIOT PASKOFF. Variance to the Zoning Ordinance, Article III A, Section 100-30A.3, (Article XXIII, Section 100-231 (A), as disapproved) for permission to construct an attached deck with insufficient side yard and accessory fence (trellis) in front yard at the height of more than required 4 feet. Lot area is nonconforming in this R-40 Zone District. Property Location 205 North Sea Drive, Southold, NY, County Tax Map No. 1000, Section 54, Block 4, Lot 4. Page 7 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 8:25 p.m. Appl. No. 3854 - NANCY STEIN. Variance to the Zoning Ordinance, Article III, Section 100-119.2. (Article I, Section 97-12C, as disapproved) for permission to construct a deck addition within 75 feet of water or wetlands. Zoning District R-40. Property Location: 2535 Cedar Lane, East Marion; County Tax Map No. 1000, Section 037, Block 04, Lot 10. 8:30 p.m. Appl. No. 3857 - MICHAEL TOFFALIS. Variance to the Zoning Ordinance, Article XXIV, Section 100-244. As disapproved, for permission to construct a deck addition, insufficient rear yard setback for nonconforming lot in a R-40 Zone District. Property Location: 50 Captain Kidd Drive, Mattituck, County Tax Map No. 1000, Section 106, Block 03, Lot 028. Page 8 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 8:35 p.m. Appl. No. 3858 - BERNARD COSIMANO. Variance to the Zoning Ordinance, Article XXIII, Section 100-239d, B. (Article XXIV, Section 100-244, as disapproved) for permission to construct a deck addition within 75 feet of bulkhead. Construction has insufficient total side yard setbacks in this R-40 Zone District. Property Location: Watersedge Way, Southold, County Tax Map No. 1000, Section 88, Block 5, Lot 63. 8:40 p.m. Appl. No. 3542 - CLIFFSIDE ITIDE M]%RK). Variance to the Zoning Ordinance, Article V, Section 100-50B Special Exception, (Article XIII, as disapproved) for permission to construct 76 Motel Units in this Resort/ Residential (RR) Zone District. Property Location: 61475 County 48, Greenport, County Tax Map No. 1000, Section 045, Block 01, Lot 01. Page 9 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 8:45 p.m. Appl. No. 3770 - PORT OF EGYPT. Variance to the Zoning Ordinance, Article XII, Section 100-121C - 122, (Section 100-239D, as disapproved) for permission to construct Boat Storage Building with insufficient setbacks and excessive lot coverage in this Marine II (M-II) Zoning District. Property Location: Main Road, Southold, County tax Map No. 1000, Section 056, Block 04, 06, Lot 10.1, 11, 12.2, 3.2, 3.3, 4, 6.1. 8:50 p.m. Appl. No. 3842 CRESCENT BEACH CONDOS. Variance to the Zoning Ordinance. Article XXVII, Section 100-271, as disapproved, for permission to enclose decks or patios of units to be enclosed with glass windows with insufficient setbacks. Property Location: End of Maple Lane, Resort/Residential (RR) Zone District, Section 38, Block 7, Lot 21 units. East Marion, in this County Map No. 1000, Page 10 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 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 your presentation will be available, if needed. For more information, please call 765-1809. Dated September 1, 1989. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL · .~..~....~.:.~:. ~.??~ ........ PLEASE TAKE NOTICE that your application dated ...?...e~. ~... t..~ ...... , 19 .~.~. for pe~it to ~ -"~~ ' · ~'~ ~-.~$ ........................... at Location of Property . .~.~ ~. ~ ~ ~ ~ House NO. ' ..... ~;e~i ........ J .............. County Tax Map No. 1000 Section .... 9.~.~ ..... Block .... ~.~ ....... Lot . Subdivision ................. Filed Map No ................. Lot ~o. ' is retnrnea herewim and disapproved on the ~ollowiag grounas. ~ ~. ~..~.~.~. ~ .-:~..............~.,~ .... : ..... ~. ..... . ............. , " '~ ...................... '~:~'3'.". .... Bu±lding Inspector RV 1/80 TOWN OF SOUTHOLD, NEW YORK FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. DATE ...... .~.~...~...c{. :...~...~. .... MARIE ONGIONI, as attorney for 1, (~1~ ..E...D..W..!.~....K..I...N..S...C..H..E..g.F' ............................. of ...!~....fl..u...c..k...e..1..lz.e..r...r.y.....I,.a...n..e.., .......................... Nome of Appellant Street and Number ....... .0..y...s..t..e...r.....B..a...y..,. ....................................................................... ..N.:.....Y..;.....HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO EDWIN KINSCHERF Name of Applicant for permit of ..1 ............................. Street and Number Municipality State ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) 3~0 Wood Lane and ,',/'),/{)~..~.. l. LOCATION OF THE PROPERTY ..In.l.e.~...g.aa.e.,....G..r...e..e..RP..9..r..t..,.....N.:....Y. .......... .1.9.9.0. ........... Street /Haralet / Use District on Zoning Mop 43 4 29 District 1000 SectJ0n43 Block 4 Lot 30 ~ . ............................................ 43 ............... 4 .......... 3.5..burrent Owner Edwin Kinscherf Mop No. 043 Lot No. Prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) .~rticle 1 & 3 Section § 106-20 & § 100.3;1o~ 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (X) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Low Chop. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal /4x~k(has not) 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 ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (~' A Variance to the Zoning Ordinance ( ) is requested for the reason that Form ZB! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because applicant owns three parcels which merged at the time of his deceased wife's demise. Two of the parcels are improved (Lots 29 and 35). The third parcel (Lot 30) is vacant land which applicant intends to make available to one of his children. The survey attached to this application will show the Board the current configuration and the proposed subdivision. Applicant wishes to re- establish the lot lines lost at the time of the passing of his wife. The subject parcels are located within walking distance of Gull Pond Beach. All parcels in the vicinity are similar in size to the lots proposed in this application. Thus the new lots will be in conformity with the area and will not change the nature or density of the area. Attached are copies of the deeds showing title to the property at the time of Mr. Kinscherf's wife's death. 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 the parcel in its current size is three times the size of typical lots in the area. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the typical parcel in this vicinity is the size of the proposed parcels. STATE OF NEW YORK ) ) ss COUNTY OF ) TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. SUB. LOT S W ~ d) ~PE OF BUILDING RES.. S~S, VL. ~// FA~ ~O~. CB. ~ICS. ~kt. Volue ~ND I~P. TOTAL DATE AGE BUILDING CONDITION N~ NOeL BELOW ABOVE FA~ Acre Volue Per V~lue Acm Tilluble FRONTAGE ON WATER W~land FRONTAGE ON ROAD Mead~land DE~H / H~ Plot BULKH~D Total D~K M. Bldg. Extension Extension Extension Porch Porch Breezeway Garage Patio Total COLOR TRIM Both Dineite i Floors Interior Finish Foundatio_n Fire Place Type Roof iRecreotion Room IDormer Heat Rccms ]st Floor Rooms 2nd Floor Driveway LR. DR. BR. FIN. B TOWN OF SOUTHOLD ~ROPERTY RECORD CARD OWNER FORMER OWNER DISTRICT SUB. ACRF.~GE ,.1~' TYPE OF BUILDING LOT RES. LAND 00' IMP. TOTAL I DATE FARM COMM. ~ IND. SEAS. VL. J CB. J MISC. REMARKS ....... AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE Form Acre Value Per Acre Value Tillable 1 Tillable 2 Tillable 3 !Woodland Brushland , House Plot Total M. Bldg. Extension Extension Extension Breezewo Garage O. So /'Foundation Ext. WalEs Fire Place Porch Porch Bath Floors Interior Finish Hea~ Attic Potio Driveway Rooms 1st Floor Rooms 2nd Floor ~LL ~D ,TOWN OF SOUTHOLD PROPERTY RECORD CARD /~_~ OWNER STREET VILLAGE DIST. SUB. ~l '. ,~,~', ~) ;b~"s'--- RES. S~S. ~ ~b ~VL FA~ CO~. CB. MISC. Mkt. Value ~ND IMP. TOTAL DATE RE~RKS AGE BUILDIN6 CONDITION N~ NOeL BELOW ABOVE FA~ A~r~ Valu~ Per Value J Acre Tillable 1 Tillable 2 Tilloble 3 W~land Swampland FRONTAGE ON WATER Brushla~ FRO~AGE ON ROAD / House PI~ DEPTH ~ ~ ~ ~ BULKH~D Total M. Bldg. Extension Extension Extension COLOR Foundation C ~3 Bath Basement /~/~- ~ Floors ~xt. Wails Interior Finish Fire Place Type Roof Porch . Recreation Room Porch Dormer Breezeway Drivewoy Garoge Patio O.B. Total Heat Rooms Ist Floor Rooms 2nd OWNER TOWN OF SOUTHOLD P~I~OPERTY RECORD CARD ' FORMER OWNER ' Z','l~n STREET - RES. SEAS. ' VILLAGE E ' ! DISTRICT SUB. LOT' ACREAGE ,1~-5' LAND IMP. · id,,') .~o AGE ~-Poo VL ,? J FARM TOTAL J ! DATE BUILDING CONDITION ~[W ' TYPE OF BUILDING REMARKS NEW NORMAL BELOW ABOVE Farm Acre Value Per Acre Value FRONTAGE ON ROAD ..(' 0/~- Tillable 1 BULKHEAD / -- / Tillable 2 Tillable 3 Woodland Swampland BrushJand House Plot Total Est. Mkt. Value DOCK ' TOWN OF SOUTHOLD PROPERTY RECORD CARD / o ~ o - ,./,,r*T, y -/7 ........... OWNER STREET VILLAGE DIST. SUB. LOT '~- F~'PUV~ER OWNF~R , s w RES.,,,.9 ..~0 SEAS. VL. FARM~ COMM. CB. MICS. .Mkt. Value LAND IMP. TOTAL DATE REMARKS.~.~.__ //.//~/~ ~"~. /~..5,--,d~ , /~'-/,~ ~;'_ , .. ', , - , ,~- AGE BUILD!NG CONDITION '- ' NE~ NOI~V, AL BELOW ABOVE FARM Acre' Value Per Value Acre J Tillable FRONTAGE ON WATER w~o,,,~ FRONTAGE ON ROAD ..~ ~ ~ '~/~,// Meadowland DEPTH / House Plot " BULKHEAD Total ' I ~/""' DOCK r TOWN OF SOUTHOLD PROPERTY RECORD CARD /'''' -.~.o'" OWNER ' STREET VILLAGE DIST. SUB. LOT N/~ · ACR. I Mkt. Value ~ND ~ ~MP. TOTAL DATE R~RKS AGE BUILDING CONDITION N~ NOeL BELOW ABOVE FA~ ~re Value Per V~ue Acm ~llable FRONTAGE ON WATER W~lond FRONTAGE ON' ROAD ~ / ~, ~6 Me~ DEPTH /6 6 / H~ Pl~ BULKH~D / Total ~ ~,~ ~K TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET ~ VILLAGE DIST. SUB. ~ND IMP. TOTAL · DATE R~RKS AGE BUILDING CONDITI~ N~ NOeL BELOW ABOVE FA~ Acm Value Per Value V~land ~wampbnd FRO~AGE ON WA~R Iru~land FRONTAGE ON ROAD ' BUSHED ,TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER ' STREET VILLAGE DIST, SUB. E . ._ _:~'_P. ~-/~,-5 , .... .. w~ . .. ~o~,u,~,,~ R~. ' S~S. ~1~ FA~ C~. CB. MISC. Mkt. Value ~ND IMP, TOTAL DATE R~RKS ~ o ~ ~ ~ ~ '~/~ ,.,., , AGE BUILDING CONDITION N~ NOeL BELOW ABOVE FA~ Acm Value Per Value Acre Tillable 1 Tillable 2 Tillable 3 W~land Swampland FRONTAGE ON WATER Bmshland FRONTAGE ON ROAD House Plot DE~H BULKH~D , Total ~K ' TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. SUB. R~/0 S~. VL. FA~ CO~. CB. MI~. Mkt. Value ' AGE BUILDING CONDITION N~ NOeL BELOW ABOVE FA~ Act. Valu~ Per Valu~ Acm W~land FRONTAGE ON ROAD ~ ~ e ~ M~nd DE~H / 0~ H~ PI~ BULKH~D To~l ~K l eoo '~-~TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE SUB. LOT FORMER OWNER · TYPE OF BUILDING COMM. CB. MISC. RES.. SEAS. FARM Mkt. Value LAND IMP. TOTAL DATE REMARKS I~G CON[ BELOW ABOVE Value Per Value Acre NEW NORMAL FARM Acm Tillable 1 Tillable 2 Tillable 3 Waodland Swampland Brushland House Plot Total~,,m' ~ FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD DOCK TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET FORMER OWNER RES..~/0 SEAS. VL VILLAGE FARM DIST. SUB. LOT COMM. CB/ MICS. Mkt. Value LAND AGE NEW FARM Tillable IMP. r/ x/~'~ ~ /t~oo NOeL Acre TOTAL DATE ! -~1¢ /~x BUILDING CONDITION BELOW ABOVE Value Per V~.lue Acre FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowland DEPTH House P, lo~~ BULKHEAD Total DOCK TOWN SOUTHOLD PR ERTY ~ ~, OWNER STREET ' VILLAGE i DIS'i: . SUB. FO~ER OWNER N~~ AC~ ~f R~. s~s.~ ~ w ~... ~ ,, co~. c,. ~.sc: ~k,. ~ND IMP. TOTAL DATE R~RKS ~ ///~//. A~E .U,~NS CON~mON N~ NOeL BELOW ABOVE FA~ Acre Value Per Value Acre Tillable I . 0~~ (~ Tillable 2 / 0 ~ ~ Tilla~l~ 3 · W~land ' : .' Swamp~nd FRONTAGE ON WATE~ Bru~land FRONTAGE ON ROAD ./~ 0 H~se PI~ DE~H ~ ~ ~ ~ BULKH~D Total D~K /~'d-,Y~Y-~-.~ ~' TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER FORMER OWNER -~'~:~ ~,~.~ RES..,2./0 - SEAS. LAND Farm Tillable 1 Tillable 2 Tillable 3 Woodland Swa~oJand IMP, STREET ME S TOTAL .3000 NORMAL Acre VI LLAGE I IND. BUILDING COND1TJOI BELOW Value Per Acre DATE DISTRICT SUB. TYPE OF BUILDING LOT ABOVE Value Brushland House Plot .- Total ,,: , /,~,~,~-/z"~-~,-,,~/ TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER ST;,P, EET V~L~G~ . DIST, FO~ER OWNER ' N---- , ACR.' ' ~1' ~PE OF BUILDING RE~ ~ S~S. ~ FA~ CO~. CB. MISC. Mkt. Value ~N D IMP. TOTAL DATE R~ARKS ~ [ AGE BUILDING CONDITION N ~ NORMAL BELOW ABOVE FA~ Acre Value Per Value Acre Tillable 1 Tilloble 2 Tillable 3 W~lend 5womplond . ' FRONTAGE ON WA~R Brushlond , FRONTAGE ON ROAD ~ ~~ House ~.~ ~ . ~ DE~H · ~ ~ BULKH~D Totol - - ~K ~ ~ TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER FORMER OWNER STREET RES. SEAS. LAND AGE NEW Farm Tillable 1 Tillable 2 Tillable 3 Woodland Swampland Brushl~nd IMP. VL.j// TOTAL FA~ DATE BUILDING CONDITION NORNb~L Acre BELOW Value Per Acre House Plot ABOVE Value VILLAGE DISTRICT /0 ACREAGE SUB. LOT '*ir//', ._, ,~z~ 7 TYPE OF BUILDING COM/~. IND. JcB. J Misc. J Tota I t~a--Y._~-V'-;7.r TOWN OF $OUTHOLD P~OPERTY RECORD CARD m OWNER ' STREET VILLAGE DISTRICT SUB. LOT FORMER OWN~ ,. . ACR~GE . ~N~ ~.. TOTAL ~mE AGE BUILDING CONDITION N~ NOeL BELOW ABOVE Fo~ Acre Value Per Acre Value Till~le 1 Tillable 2 Tillable, 3 Woodland .r Swa~land, ' Brushland H~se Plot Total ~ '_ ~ '" - TOWN OF SOUTHOLD PROPERTY RE4 :ORD CARD OWNER STREET VILLAGE DIS'l:, SUB. LOT W . ~PE OF BUILDING AGE BUILDING CONDITION N~ NOeL BELOW ABOVE FA~ Acre Value Per Value Acm Tillable Tillable 2 Tillable 3 W~land Swamp~nd ~ FRONTAGE ON WA~R Bru~land · FRONTAGE ON ROAD / H~se P[~ DE~H / _~ ~ :-~ ~ BULKH~ Total r ~K /~,~-Cs-~/---~ TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER ' STREET VILLAGE DIST SUB. LOT W ~PE OF BUILDING R~0 " S~S. ~ FA~ CO~. CB. MISC. Mkt. Value ~ND IMP. TOTAL DATE R~RKS N~ 'NOEL :: BELOW ABOVE FA~ ~ Acre Value Per Value Acre Tillable 3 W~land S~mpland ' FRONTAGE ON WA~R Bru~land FRONTAGE ON ROAD i ~ ~ ~ NO~ // ~ ~ House PI~ DEPTH ~0,-~,.~-¥-'~? TOWN OF SouTHoLD P~ROPERTY RECORD CARD OWNER ~TREE-r VILLAGE DISTRICT SUB. LOT FORMER OWNER ~ "- ¢' N~ ~ ,,~ '.A ' ^ E /.) ~/,v.~ ACREAGE, 'i" S ~J~ - - w ~ * -.i TYPE OF BUILDING > ~ ~ .~/el~, //oo AGE NEW NORMAL ABOVE FQrm Tillable 1 Tillable 2 Tillable 3 Woodland Swampland Brushland House Plot , , 7;/ B E LOW Value Per Acre Value Total ?a'~-'~',_~-,-~--~' ~ TOWN OF SOUTHOLD PROPERTY RECORD C:ARD OWNER STREET VILLAGE DIST. SUB. LOT FORMER OWNER ~ ~ 5~S, VL FA~ COMM. CB. MISC, ~kt, Value ~ND I~P. TOTAL DATE R~RK5 (, ~ ~ 60 vt ~//z~;'~'~o~x, ~-r~o , ', ,~-' ~- .r~ ~,~,~ ~, To ~, ~r, AGE BUIDING CONDITI~ N~ NOeL BELOW ABOVE FA~ Acre Value Per Value Acre Tillable Tillable 2 Tillable 3 W~land Swamp~nd FRO~AGE ON WATER Brushla~ FRONTAGE ON ROAD T~al L -- ~; , ;~' JAblES A. SCHONDEBARE TOWN ATTORNEY ROBERT H. BERNTSSON ASSISTANT TOWN ATTORNEY OFFICE OF THE TOWN A~ORNEY TOWN OF SOUYHOLD NOTICE Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1939 PLEASE BE ADVISED DUE TO TWO LAWSUITS AGAINST THE TOWN OF SOUTHOLD, BROUGHT COLLECTIVELY BY THE NORTH FORK ENVIRONMENTAL COUNCIL, LEAGUE OF WOMEN VOTERS, SOUTHOLD~2000 AND MESSRS. WEISMANN AND FLYNN, THAT ANY PERMIT, APPROVAL OR ANY OTHER ACTION TAKEN PURSUANT TO CHAPTER 100 OF THE CODE OF THE TOWN OF SOUTHOLD, ZONING, MAY BE INVALIDATED BY THE COURT; PROCEED AT YOUR OWN RISK. &fS~dY C/O NONDAS KOUKOULAS FORT LEE NJ ~ ................... ~-,,~ ........ ~,~,__,~ ......... ~ ............... ~---~'~-~-~,~-~,~-~ ............. 4~ ................................. ROCKAWAY PARK NY llOV~ ~f$~89 LONG ISLAND CITY NY 111U5 : .... ~ ....... ~ ....... =_~_,___,_,_,,,,,_,__,,,_,_ ,,,,,_,__ ___' ..... ~ ..... ____~L~L~--'~L~-~LL~L~L~£~L~"' .... ~- ........ ~5.-~-15 MARTAKIS EILEEN 5f-SO BROOKSIDE ST ~3.-~'19 TAHLIAM~OUIS'GEORGE &--~F ............... i/25-'~ AVE : ~fj~ ~RONX NY lUSh1 ~ ......................... ~-~ ....... ~.~---.~ ~__~ ..................... --- -.-.-~-'----~---~:-~-~---~-~---~ ..................... 4$.-b-ZO LAVEGLIA LAWRENCE 4~5 WOOD LA ' ~J.-~-Z1 .... ~AVEGLIA -LAWRENC~ ........................... AfS'~OOD L'A 4fJSd9 GREENPOR! NY llYqq L___----------------~J~--'~''~---~JJ~;~'-;~;~'~'; .... . -~ ............. J~ ................................................... . ~5.-~-~Z ZERVOS DENNIS I~U~ ~IN AVE 4J.-~-Z3 ...... GET~ES ]~$-E~--P ......... ~ OZ OTN AVE 4~J~5~ CIO MARIA ZERVOS BROOKLYN N Y 11209 .................I ill .... ~l~i~l~JJl~;i~J~iJ~::~l~ll J t Iii ........ tl i i'jj~lji~t~:~:~J~i~lJJi~iJJ~;il~1 I il .... i ............. ~J.-~-ZboZ BOURAS EHEODOROS & ORS Zl-qU ~ITH SI .............................................................. ~ Z~,~---~]~--~T~ --Z~Z--~--Z~T~Z~--~F7~ %---~--7 .... ~.-6-g).3 ..... KOUKOU[AS MARIA ............... lgJJ INWOOD TERRACE 415~ FORT LEE NEW JERSEY ..................... ~,.;,,~,L,~,~-;,~~.~;~;-,-;~. .................. ,;;;--~;'~'~-,~,~;~;~;,~;~-~'~--;; .................. 4~.-~-Z6 HICKSON WILLIAM A JR ~ WF ~ LINCOLN PL 4l~ ..................................... BOX 1UZ~ ............... PT-WASHE~GTON NY .... 11OHO ~lj~9 BROOKLYN NY ~ .............. = ..... _~:~~-;~:~--~=~£~;'~'~- .~ .......................................................... _ . - 4J.-4-Z8 JENSEN JAMES P ZZU CLAYWOOD DR ~$.-~-~V KINSCHERF EDWIN 1) HUCKLEBERRY LA 4~9 OYSTER ~AY NY llF~l ~.~_j~ ................. ~,-JJJ .... jj__~JJ'_J~-~J~--~JJJ~J-.--~J ................................................. __ -. ____ . ~ ........ _ &J.-~-JU KIN$CHERF DO~IS 15 HUCKLEBERRY LA ~15~d9 ' OYSTER ~AY NY 111~1 :~ATE 1~iUl1~ .... S 0 U T H 0 L D 0 W N E R S G U ! O E PAGE TAX flAP NO. LAST KNOWN OR REPUTED OWNER ADDRESS ZIP 4i555~ ASTORIA NY 111U) __.____~ ...................... ~ ~____~---~ ......................................................................................... ____ - ~f5~59 NEW YORK NY IOOZ~ ~J.-~-5~ REZ[TUS PANTELIS & WF SSB .... 111 GENNESSEE AVE ~t5~5~ PATERSON NJ U~UU L ............... ~2~2~_2'~_~222::~:~:2::~2~--~:~ ..... ~__~ ...... ~-L--~---~ ........................................ - 45.-~-~ .... ~INSCHE~[ ~ 15 HUCKLEBERRY LA &5.-~-56 BIDDULPH JOHN ....... C & WF I~f-~ 4f5~9 GREENPORT NY 11~ - _ ........ ~E~-~ ~ ~ ~,~--- ~ ~ .......................... ~ ..... ~ .............. ~ .......... ~ .................. bJ.-4-Jf S~LENDIDO DOMINICK & ORS 6 CLARK ~55~ ...................... ~UNT[NGTON NY 4~5~59 NEW YORK NY -_ .................... ~ .......... ~__~L~ .................................. ~_-~ ..... ~ ........... ~ .... ~-~-~ ........................ 45.-4-5V FIE~L~ B~ETHA ~5.-~-~U FIEDLER JULIAN & WF 4~5~v GREENPORT NY 11VG~ ................... ~-~===___~L--~-~- .... ~ .................. _ - ----- ~ .... _ ~-~ .... ~___~=___L__-~---~ ..... ~5.-6-~1 FIEDLER JULIAN & WF ~(5~ GREEN~OR~ Ny 119~ ~5.-~-6Z CO~ TIMOTHY & KAREN ~1 NASSAU AVE ~f5~9 MANHASSET NY 11UJU ...................... ~_-,L~---~-~,L~,,,'..-~--~- ..... ~__-~------~-~,---~L..-.-~-~-~ .................................. ._ 45.-~-~5 MOLLER HARRY T & WF l~J-~ OAK AVE ~f55~ FLUSHING ~5.-~-~ GEROULANOS ~OB & WF ' 111 ~END ST 4~55~9 ~ROOKLYN NI 11EU~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 to 40. MR. GOEHRINGER: I have no particular problem with it. We'll see if the Board does. We thank you. Nice seeing you again. We hope we can dispose of it at this particular point. Anybody else like to speak in favor of this application? (None). MR. GOEHRINGER: Anybody like to speak against the application? (None). MR. GOEHRINGER: Questions from Board members? (None). MR. GOEHRINGER: Motion to close hearing making motion to reserve decision until later. (All ayes). MR. GOEHRINGER.' ~T.a'anK you. The ne~ appeal is number 3 2~. ~-~ze~ ~/~C//~-~-~ (Reading). ~ ~ MR. GOEBRINGER: Copy of a survey most recent date June 8, parcels in question tax map indicating 1988, indicating three and copy of Suffolk County this and surrounding 26 RAM COURT REPORTING SERVICE (516) 727-3168 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 25 problem. We are now making this request to split the lots in accordance with the original filed map Fordham Acres. MR. GOEHRINGER: Could I ask you again, lot C was purchased by Mrs. Kinscherf in what date? MS. ONGONI: Let me double check. MR. GOEHRINGER: I have the deeds also but I don't recollect. MS. ONGONI: That is right, lot C was Mrs. Kinscherf and lot B was Mr. Kinscherf. MR. GOEHRINGER: When did he purchase the lot? MS. ONGONI: She purchased lot B May 22, 1959. MR. GOEHRINGER: That was lot B. Lot C was purchased when? MS. ONGONI: C was purchased the same date in 1959 by Mr. Kinscherf. MS. ONGONI: She died in '67 and he has been sitting for over 20 years with this merger problem.and he'd like to correct it for the records. MR. GOEHRINGER: Very good. They have 28 RAM COURT REPORTING SERVICE (516) 727-3168 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 town water down there, right? MS. ONGONI: That is correct. MR. GOEHRINGER: I notice you have a proposed building envelope on lot C. Does that presently conform to the new zoning ordinance, do you know? MS. ONGONI: The MR. GOEHRINGER: MS. ONGONI: The So we'd also require setbacks. MR. GOEHRINGER: advertised for that. on this. Anybody else like this application? (None). MR. GOEHRINGER: Anybody against the application? (None). MR. members~ (None). MR. structure itself? Well, the setback. setbacks do not conform. a variance from the I don't know if we We'll see what we can do GOEHRINGER: GEOHRINGER: to be heard on behalf of like to speak Questions from Board If there are no further 29 RAM COURT REPORTING SERVICE (516) 727-3168 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 questions, hearing, reserving At this time the hearing and reserve decision. All in (All ayes). MR. GOEHRINGER: The next appeal 3864.Z~-~ ~ (Reading). MR. GOEHRINGER: I have a copy of again introduced by Roderick Van Tuyl, P.C., most recent date May 23, 1988. I have a copy of this indicating a proposed house approximately I'll make a motion for closing the decision until later. I make a motion to close favor? is number a survey 28 feet from Bay View Drive. It's most closest point is 20 feet from Spring Pond. I have a copy of Suffolk County tax map indicating this and surrounding properties in 30 the area. Somebody like to be heard concerning this application? MR. WIGGINS: Merle Wiggins, Peconic Association, for the applicant. The application has to do with the building of the house on the lot that is neither 75 feet from the bulkhead nor the 35 feet rear yard setback. The circumstances surrounding this RAM COURT REPORTING SERVICE (516) 727-3168 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I,, N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR, JOSEPH H. SAWICKI JAMES DINIZIO, JR. S.E.~.R.A. ~PE II ACTION DECLA~TION Appeal No. 3827 Project/Applicants: County Tax Map No. Location of Project: Edwin Kinscherf 1000-43-4~29,30, 35 350 Wood Lane, Greenport, NY Relief Requested/Jurisdiction Before This Board in this Project: Approval of insufficient areas in pend~hg subdivision. This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board's area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617.2jj, this Department is excluded as an involved agency. This determination shall not, however, affect any other agency's interest as an involved agency under SEQRA 617.2jj. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at [516) 765-1809. tm APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZlO, JR. Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX NO. (516) 765-1823 November 27, 1989 Ms. Marie Ongioni 218 Front Street P.O. Box 562 Greenport, NY 11944 Re: Appl. No. 3827 - Edwin Kinscherf (Variance) Dear Ms. Ongioni: Transmitted for your records is a copy of the recent determination rendered by the Board of Appeals concerning your application. Please be sure to return to the Building Department and all other involved agencies for proper permits as may be necessary before commencing construction activities. A copy of this decision has simultaneously been transmitted to the Building Inspectors' Office for their files and update. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda Enclosure Copy of Decision to: Building Inspectors' Office APPEALS BOARD MEMBERS Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOI_D, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX NO. (516) 765-1823 GERARD P. GOEHRINGER, CHAIRMAN CHARLESGRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINtZIO, JR. Ms. Marie Ontioni, Esq. 218 Front Street Greenport, NY 11944 August 23, 1989 Re: Appl. No. 3827 - Edwin Kincherf (Variance) Dear Ms. Ontioni: This letter will acknowledge receipt of your application for a variance and confirm that the Board Members are individually conducting field inspections and reviews as may be required by state and local laws during the next couple of weeks concerning your application. In the interim, we ask that the outside corners of the proposed construction be flagged, if not already done so. The public hearing on this application is expected to be held on or about September 21, 1989, at the Southold Town Hall, Main Road, Southold, and a copy of the notice of hearings as published in the Long Island Traveler-Watchman and the Suffolk Times will be sent to you as confirmation (with the exact time)in the near future. We do sincerely thank you for your continued patience during this period of transition within our department. ours GERARD P. GOEHRINGER CHAIRMAN dff APPEALS BOARD MEMBERS GERARD P. GOEHRINGER CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. CHAIRMAN 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 June 20, 1989 Marie Ongloni, Esq. 218 Front Street Greenport, NY 11944 Re: Appl. No. 3827 - Edwin Kinscherf (Variances) Dear Ms. Ongioni: This letter will acknowledge receipt of the above application for variances filed by you and confirm that the Board Members will be individually conducting field inspections and reviews as may be required by state and local laws during the next couple of weeks. The public hearing on this application is expected to be held about the last Thursday in July 1989, (alternatively the following Thursday, August 3rd if the Meeting Hall is not available on the earlier date) at the Southold Town Hall, Main Road, Southold, and a copy of the notice of hearings as published in the Long Island Traveler-Watchman and the Suffolk Times will be sent to you as confirmation (with the exact time) in the near future. Please feel free to call at any time if you have questions. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski MARIE ONGIONI ATTORNEY AT LAW 218 FRONT STREET, GREENPORT, NE~V YORK 11944 (516) 477-2048 FAX (5~6) 477-8919 May 16, 1989 Ms. Linda Kowalski Southold Town Zoning Board of Appeals Southold Town Hall 53095 Main Road Southold, New York 11971 Re: Application of Edwin Kinscherf Dear Ms. Kowalski: In accordance with your request, I enclose of decedent's Last Will and Testament, together copy of the decree of probate. a certified copy with a certified By operation of law, the properties which are the subject of the Application for a variance merged with the property owned by Edwin Kinscherf, beneficiary named in the Will. This shall also confirm that this Application will be on the June agenda. Ver~ truly yours, MO/jb Enclosures~y THE and Y an~ State ~ he~eby~. ~ d~a~th aa ma real situate POW r t, veil t~A~ ,,~sol~tel~~ . ~ our , lease mY ~r private Y price and upo~~ a~ t~rms as i~ sox, etlon, shai~deem P~l'oper~ all powers wl2h, 2 5~' h.$.~ tor -!- FOURTH:: I hereby nominate and appoint my said husband, ED¥~N KINSCHERF as Executor of this my Last Will and Testament, a~d in the event he is unable to qualify for any reason whatsoever, then I hereby appoint as substitute Executri~ B~TRICE PROSEL, either one to serve without bond, any law or statute to the contrary notwithstanding. IN ~ITNESS W~REOF, I have hereunto subscribed my name at the end hereof and set my hand and seal this~dey of MarcD, in the year of our Lord, One Thousand Nine Hundred and Fifty-Three. WITNESSETH = ~. On this l~day of March, 19B3, the above named Testatri, D(~IS~KINSOW~F, in our presence subscribed and sealed the foregoing instrument and declared the same to be her Last Will and Testament, and we thereupon in her presence, at her request, and in the presence of each other, have hereunto subscribed our na~s as attesting witnesses. -2- STATE OF NEW YORK. COUNTY OF NASSAU, SURROGATE'S COURT. SS.: Albert lq. Petra~liaChiet Clerk of the Surrogate's Court of the County of Nassau, do hereby certify that 1 have compared the annexed copy with the original will of DORIS B. KINSCHERF deceased, admitted to probate by Decree of this Court. and recorded in this office, and find the same to be a correct transcript thereof and of the whole of such original will. IN TESTIMONY WHEREOF, 1 have hereunto subscribed my hand and affixed the seal of said SurrOgate's Court, to each l:age thereof, at Mineola, Nassau County. New York, this 25 th day of April 1989 pIIEsENT: At a Surrogate's Court, held in and for the County of Nassau, at the Surrogate's office at Mineola, New York, in said County, on the day 1968. HON. j~T, ~. ~v.~ ~o c~ Su rrogat e · In the Matter of Proving the Last: Will and Testament of : DORIS B~ KINSCHF. RF, DECREE OF PROBATE : Deceased. The citation herein having been duly issued, served and returned, and th& Surrogate having, on his own motion, appointee GEORGE BRAVER, E~q., special guardian of the infants and or i. incompetents here~n, the allegations of the parties appearing having been heard, and the proofs having been duly taken by thet Surrogate, amon~ other things, as to the execution of said instrument bearing date March 28th, 1953, and the probate of the said Will not having been contested, and VINCENT H. '~' E having attended this Court on the 3rd day of~April, MclN~I~N Y 1968, having be, been reduced to proof that said at the time of make a Will and scribing witnes Court being the validity o~ ORDEI~D said subscribi~ pensed with, al :n sworn and examined, his examxnatxo having writing and filed, and it appearing by such Will was duly executed and that the Testatrix, executing it, was in all respects competent to not under restraint, and that the other sub- s, JAI~ES D. O'DONNELL, was deceased, and the isfied of the genuiness of the said Will and its execution~, it ls ADJUDGED and DECREED that the testimony of the g witness, JA~ZS D. O'DONNELL, is hereby dis- ~d it is further person so serve~ to he the person mentione~ an~ described in saidpapers as the Sworn to })o{ore me, this clay of 19 therein. OR!)Ei~D, ADJUDGED and D~,,CRE~D that the instrument offered for probate heFein be and the same hereby is admitted to probate as' the Last Will and Testament of the said decedent, valid %o pass real.nd personal property, and that Letters Testamen%aFy be issued thereon to the Executor who may qualify ~her. eunder~ and i~ is further ORDiS~D and DECkeD that ~OR~ B~VER~ Esq. ~ the special guardian herein, person so se~ea to be the pe~on ~nfion~ ~ ~e~b~ in s~apape~ ~ the therein. Sworn to be/ore me, ~ COUNTY OF NASS, tJ ~, SS: SURROGATE S COURT. I, PEYTON BOSWELL, III, Chief Clerk of the Surrogate's Court of the ..C~. ~ Of ~n ~'Z~',~/~ ,,*: ~gin~ ther~,-~s't'~'~'~ ~Icu, ........... ;';'~;t-P~:~Z~/''t''',' ":' ................ in the office of the ~py ol tho s~d origir, a~ z,~ ~i ;',. ~,,~ ~h~r~ot. IN TEST~*~O~IY WHEREOF *~ve he-eunto ~ubscr[t~ v hand affixed the seal of ~Jd Surresate s~o~ ~ach p~er~f,~ ~ioell, New,ugly. New Y~k. th)s~.....~.//~ AlbeTt ~. PerTain&a, Surrogate's Court of Nassau MARIE ONGIONI ATTORNEY AT LAW 218 FRONT STREET. GREENPORT, NL~/~ YORK 11944 April 19, 1989 Ms. Linda Kowalski Southold Town Board of Appeals Main Road, State Road 25 Southold, New York 11971 Re: Appeal No. 3827 - Edwin Kinscherf Dear Ms. Kowalski: In accordance with your letter of April 3, 1989, Title USA searched the records at the Suffolk County Clerk's Office for the current deeds to the property which are the subject of the above application. The current deeds show single and separate ownership as follows: 1. Edwin Charles Kinscherf and Doris Barbara Kinscherf, his wife. 2. Doris Kinscherf 3. Edwin Kinscherf By operation of law, at the probate of the Will of Doris Kinscherf, her ownership interest passed to her sole beneficiary and surviving spouse, Edwin Kinscherf. This terminated the single and separate ownership previously maintained and created a merger problem. It is this merger which we seek to terminate. I conferred with the Assistant Town Attorney earlier this . It appears that with ~fternoon ~e~arding t~e Certificate of Titl~ - ~he proof ~ merger ~rom the Surrogate;s Court, an abstract will ~Dot be required. However, if one Js required be~,ise of certain unique facts of this application please advise. Thank you for your cooperation. Very truly yours, if/ ' ' / MO/jb fiZZ ~R~I~JI. relidin! Ot B4mthOld, SUFFOlk County, New York. o~an~rt, in, tho Tea[l~ at 9150 89th S W~mm~ ............................ · ---~ -· ~.~ ,0o~ oF l&nd Off ~Ote~ Pollo~ and ~e o~H~y ~ foot to ~eo~eoto ~tl tbn~ ~ly 6N O~ ~ l~.t ~. S. 2° ~5' O~ I. l~.O tnt M ~ MM the t~,lul ~ the ~me /,,r,:nyother K~IOC~qP midAng at 91-~0 Bgth Btreet, J~LL ~kl~ emlk Dri/Irell, 100 te land now o~' forlerl~ ~ f~t ~ bnJ~in ~likell; ~ ~o0~ ~ on hy L~r ~9 a~ ~ ~6, am~ u~y uMmm~r, emma ao Mme~id. m m Imm,... dram,. Iraq I~ ,,q mlmmm Imm ~dmm mm ~e. Imm ~ Imm im dram Im Immd ~midd~ mmmd m Imldd d mqmmim, ~III tim mW dlbd I~ d Imlnmmmm b mm ~mm m; mmm~ ~mmm ~mm~ mmmM ~4~mm~, m ~m m ~m mdm~,~d.b m m~d~mmmmmmm. ~aeene Co~Aty, Jle~ YC I o( thl mead ll~ ~ III 1ll7 d iii m , ilaummrl d ildlll d ~lllPU~d tim lemml pI~ blewr. mB~LIIWII~ at · l~].lfll Io~ ~ olelo'/q7 l~ne O.f ~ ~o ~ly llqo of ~ Argue, ~la ~ J~l~ ~ ~ A. JOM~; m~ ~noo %n a ~ d~et$~ ~ b e~7 ~ ~ land of ~ 1~ 16, 19~7 a~ ~ ~r~ 17, 1~7 ~ 11~ ~, *P m~F dlm:~ aid ~lel ~o ~e eou~l~e ~ M~o~ ~ ~ Mo~o~Iy l~e ~ Vo~ ~e ~0 Feet ~ t~ ~ly ~f ~ p~e oon~ ~ bee fo~ ~m~ 18, 19~ ~ ~ ~ 20, xg~ ~ L~r ~9 .n~ M th. Md peet in mid ,o mid From: TO /IAV£. A,~? T~. 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 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 April 3, 1989 Marie Ongioni, Esq. 218 Front Street P.O. Box 562 Greenport, NY 11944 Re: Appeal No. 3827 Edwin Kinscherf Dear Ms. Ongioni: This letter will confirm our telephone conversation on Thursday, March 30th, that we are awaiting documentation showing proof of the merger, in order that the Board's jurisdiction may properly be determined (prior to advertising the requested variances for a public hearing). In further checking with the Town Attorney's Office, the Assistant Town Attorney indicated that a certified title search up to the current time would also be necessary. This matter will, of course, be carried over to our next hearings calendar, provided that the information needed is received prior to our next advertising deadline (May lst). Please keep us posted. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski 7:40 p.m. Appl. No. 3798 -- ELIZABETH McCANCE. Variance to the Zoning Ordinance, Article I, Section 106-20 (Article I~ Sect~t 100-31 as Disapproved) for approval of insufficient aw.a in this pending division of land d proper- ty, (R-80 Zone District.) Property Location: Mansion House Drive, Fishers Island; County Tax Map Disu'ict 1000, Section 06, Block 05, Lot.3-5.1. 7:45 p.m. AppL No. 3~63 -- NI- CHOLAS TSIRKAS. Variance to the Zoning Ordinance, Article XXIV, Section 100-244, as disap- proved, for pennissi~ to construct a one family dwelling with sn inm~- Ecient 40' frontyard setback in this R-40 Zone District. P~perty Loca- tion 2700 Sound Avenue, Green- pon, Coonty Ta~ Map Distr~t'1000, Section 033~ Block 01. Lnt 1L -- 7:50 p.m. Appl. No. 3827 -- EDWIN KINSCHERF. Variance to the Zoning Ordinance, Article I, Seetion 106-20, (Article I~ Section 100-31, as disapproved), for app~val d insufficient a~as in this pending subdivision (R-40 Zone District.) Property Location: 350 Wood Lane, Greenporl, Section 043. Block 04, Lot 29-30-35. 7':$5 p.m. Appl. No. 3864 LEOFOLD ~-t ~N. Variance to the Zoning Ordinance, Article XXIII, Section 100-239d, B. (Article XXIV, Section 100-244, as disap- IXOVed), for permission to construct a ~e family dwelling with ~n insuf- ficient reatyard setback, approxi- mately 75 feet f~-n the bulkhead in this R-40 Zone District. Property Location; 1390 Bayvinw Drive. East Marion, County Tax Map District 1000, Section 37, Block 5, Lot 22. 8;00 p.m. Appl. No. 3865 -- CHARLES AND CAROL BURST. Vatiance to the Zoning Ordinance, Article Ill A, Section 100-30 A.3, as disappmwd, for permission to con- stmct addition with insufficient side and r~tya~ setbacks in this R-40 Zone District. Property Location: 705 Windy Point Road, County Tax Map'District 1000, Section 87, Block 4, Lot 6. 8:05 p.m. Appl. No. 3866 -- HENRy ARBEENY. Varimce to the Zoning Ordinance, Article VIII, Section 100-82, as disaplxoved, for aplxoval of insufficient area in this . pendin8 subdivision. (Light Busi- ness Zoning District (LB), Property Location; Rome 48, Kenny's Road, Seuthold, Coumy Tax Map District 1000, Section 059, Block 07, Lot 31. 8:10 p.m. Appl. No. 3849 --' CIPITELLI BROS. REALTY. Varl- cie ~ Section 100-239d, A (1), ss disapproved, for permission to construct a one family dwelling with a insufficient setback and with- in 100 feet from Long Islnnd Sound in this R-40 Zone District. Location of Property; 90 Pony's Drive, Ori- ent, County Tel Map No. 1000, Section 14, Block 2, Lot 24. 8:15 p.m. Appl. No. 3852 -- RICHARD DiBLASL Variance to the Zoning Ordinance, Article III, Section 100-30A3, as disapproved, for permission to constfnot open d~ck in front yard, nonconfon'ning with bnik area and parking regula- ileal in this R-40 Zone District. Property Location: 360 Bayvinw Drive, East Marion, County Tax Map No. 1000, Section 037, Block O4, Lot 01. 8:20 p.m. Appl. No. 3852 -- EL- LIOT PASKOFF. Variance to the Zoning Ordinance, A~icle IH A, Sectio~ I00-30A.3, (Article XXIII, Section 100-231 (A), as disap- proved) for permission to c~nstruct an attached deck with insufficient side ya~ and accessory fenc~ (t~l; lis) in front yard at the height of mo~ than ~.quired 4 feet. Lot am is nonccmforming in this R~0 Zone District. Property Location 205 North Sea Drive, Southold, NY, Camry Tax Map No. 1000, Section 54, Block 4, l~t 4. 8:25 p.m. Appl. No. 3854 -- NANCY STEIN. Variance to the Zoning Ovtinmc~ Ankle I~ SeC- tion 100-119.2. (Aaicin I, Scctio~ 97-12C,~s dil~[oved) for permis sion to cons[l~Fa deck additinr within 75 fe~t of water or wetlands. Zoning District R-40. Property Lo~ation: 2535 Cedar Lane, East Marion; County Tax Map No. 1000, Section 037, Block 04, Lot 10. ' 8:BO p.m. Appl. No. 3857 -- MICHAEL TOFFALIS. Variance to the Zoning Ordinance, Article XXIV, Section 100-244. As disap- proved, for permission to construct a deck addition, insufficient r~ar yard setback for nonconforming lot in a R-40 Zone District. Property Location: 50 Captain Kidd Drive, Mattituck, County Tax Map No. 1000, Section 10~, Block 03, Lct 028. 8:}5 p.m. Appl. No. 3858 -- BERNARD COSIMANO. Variance to the Zoning Ordinance, Article XXIIL Section 100-239d, B. (Arti- cle XXIV, Section 100-244, as disapproved) f~r ponnissinn to con- street a deck addition within 75 feet of bnikhead. Constmaion bas insuf- ficient total side yard setbacks in this R-40 Zone District. Property Location: Watersedge Way, Southold, County Tax Map No. 1000, Section g8, Block 5, Lot 63. 8:40 p.m. AppL No. 3542 -- CLIFFSIDE (TIDE MARK). Vari- ance to'the Zoning Ordinance, Ani~ cie V, Section lO0-50B Special Exception, (Article XIII, as disap- proved) for permission to construct 76 Mctel Units in this Resort/Resl- dential (PR) Zone District. Property Location: 61475 County 48, C~-n- pon, County Tax Map No. 1000, Section 045, Block 01, Lot 01. 8:45 p.m. Appl. No. 3770 -- FORT OF EGYPT. Variance to the Zoning Ordinmce, Article XIL See- tion 100-121C - 122, (Section 100- 239D, as di~pproved) for permis- sion to construct Boat Storage Building with insufficient setbacks ~nd e.~cessive let coverage in this Marine 1I (M-II) Zoning District. ~'Proporty Location: Main Road, Southoid, County Tnx Map No. 1000, Section 056, Block 04, 06, Lot 10.1, 11, 12.2, 3.2, 3.3, 4, 6.1. 8:50 p.m. Appl. No. 3842 -- CRESCENT BEACH CONDOS. Variance to the Zonin_~ Ordinance, Article X~VI~ Section 100-271, as disapproved, for permission to en- close decks or patios of traits to be enclosed with ~lass windows with insufficient setbacks. Property LocaEo~: End of Maple Lane, East Marion, th this Resort/Residential (RR) Zone District, County Map No. 1000, Section 38, Block 7, Lot 21 units. 8:55 p.m. Appl. No. 3860 -- DR. PAUL'M1TCH~t ~ Variance to the Zoning Ordinance, Article HI A, Section 100-30A-3, as disapproved, for approval to constroet a single family dwelling with insufficient from yard setback in this R~O Zone District. Propony Location 1015 Munn Lane, Orient, County Tax Map District 1000, Section 017, Block 02, Lot Od. The Boa~ of Appeals will st said time and place hear any nad all per- sons or representatives desiring to be heard in each of die above mat- mn. Written c~'nments may also be submiued prior to the conclusion of the subject hearing. Each hearing your p~sentation will be available, if needed. For more information, please call 765-1809. Dated September 1, 1989. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Do~en Ferwerda }SS: coUNTY OF SOFF~ ~ p,a_triqia H~.ane~Y__-- ._ of Mattltuck, in said County, being duly sworn, says that h,dsho Is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattltuck, In the Town of Southold, County of Suffolk end State of New York, end that the Notice of which the annexed is a printed copY, has been regularly published in said Newspaper once each week for 1 _ weeks successively, commencing on the 14t~ , day of S~ep~emb_~r _19 89_ bwom to ne , ~ -' Sou~old, ~c following ~arings will be held by the SOU~HOLD ~ BOA~ OF APP~ mt a Regular Mecting, at th~ou~rdd To~ H~, Main Road, S~thold, NY 11971. on THURSDAY, SE~BE~ 21, 1989, at ~e fol- low~g ~:30 p.m. Appl. No. 3861 SOUTHOLD FREE LIBRARY. V~ce to ~e ~M80M~n~, approved, (nonconfo~ing Bulk H~ BusMess dis~c0 ~sed Location: 53705 Main Road, Southold; County Tax Map No. 7:35 p.m. Appl. No. 3859 EMANUEL PIPERAKIS AND D~OS AG~O~ULOUS. Vafi~c~ to ~e ~nMg A.icle XXlII, Section 100-23~d (A) (1), as disa~ved, for with deck and fence, wi~in .100 feet f~ Sound M ~is R-~ District. Prope~y ~cation: 3410 No~h Sea Drive, Orient; County %x Map No. 1000. Section 15, 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 ....... /.~. ~' ' Sworn to before me this /~z?' day of ...... ,19. ~? Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, State of New York No. 4806848 Q~mlified in Suffolk County Commission Expires ?/~ ,/~',, NOYICE OF HEARINGS NOTICE IS HEREBY OIVEN, pursuant io 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 u Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, SEPTEMBER 21, 1989, at the following times: 7:30 p.m. AppL No. 3861-- SOUTHOLD FREE LIBRARY. Vafianee m the Zoning Or- dinance, Article IX, Section 100-102, as Disapproved, (non- confomfing Bulk a~a and park- lng requirements of the Hamlet Business District). ~ Proposed constrUction will have insuffi-L cient total side yard setbacks. Property Location: 53705 Main Road, Southold; County ~rs Map No. 1000, Section 61, Blockc 1, Lot 14. 7:35 p.m. Appl. No. 3859-~ EMANUEL PIPERAKIS AND DIMITRIOS AGRIROPOU- LOUS. Variance to the Zoning Ordinance, Article XXIII, Sec- tion 100-239d (A) (1), as disap- proved, for permission to con- struct an inground pool with deck and fence, wi~thin 100 feet from Sound in this R-40 Zone District. Property Location: 3410 North Sea Drive, Orient; County 3~x Map No. 1000, Sec~L~ tion 15, Block I, Lot 3. '~- 7:40 p.m. Appl. No. 3798-- ELIZABETH McCANCE. Var- iance to the Zoning Ordinance, Article I, Section 106-20 (Arti- cle Ill Section 100-31 as Disap- proved) for approval of insuffi- cient area in this pending divi- sion of land of property, (R-80 Zone District.) Property Loca- tion: Mansion House Drive, Fishers Island; County Tax Map District 1000, Section 06, Block 05, Lot 3-5.1. 7:45 p.m. Appl. No. 3863-- NICHOLAS TSIRKAS. Vari- anee to the Zoning Ordinance, Article XXIV, Section 100-244, as disapproved, for permission W construct a one family dwell- ing with an insufficient 40' frontyard setback in this R-40 Zone District. Property Loca- tion: 2700 Sound Avenue, Greenport, County District 1000, Section 033, Block 01. Lot n. EDWIN Vari- ance to th~ninl~dinance, Article I, Section 106-20, (Arti- cle III, Section 100-31, as disap- proved), for approval of insuf- ficient areas in this pending sub- division (R-40 Zone District.) Property Location: 350 Wood Lane, Greenport, Section 043, Block 04, Lot 29-30-35. "'~'.55 p.m. Appl. No. 3864-- LOEPOLD STERN. Variance to the Zoning Ordinance, Arti- cle XXIII, Section 100-239d, (Article XXIV, Section 100-244, as disapproved), for permission to construct a one family dwell- ing with an insufficient rearyard setback, approximately 75 feet from the bulkhead in this R-40 Zone District. Property Loc. a* fion: 1390 Bayview Drive, East Marion, County ~hx Map Dis- trict 1000, Section 37, Block 5, LOt 22. 8:00 p.m. Appl. No. 3865~ CHARLES AND CAROL BURST. Variance to the Zoning Ordinance, Article Ill A, Sec° tion 100-30 A.3, as disapproved, for permission to construct addition with insufficient side and rearyard setbacks in this~ R-40 Zone District. Property Location: 705 Windy Point Road, County Tax Map District 1000, Section 87, Block 4, Lot 6. 8:05 p.m. Appl. No. 3866-- HENRY ARBEENY. Variance to the Zoning Ordinance, Arti- cle VIII, Section 100-82, as dis- approved, for approval of insufficient area in this pending subdivision, (Light Business Zoning District (LB), Property Location: Route 48, Kenny's Road, Southold, County Tax Map District 1000, Section 059, Block 07, Lot 31. 8:10 p.m. Appl. No. 3849-- CIPITELLI BROS REALTY. Variance to the Zoning Ordi- nance, Article XXIII, Section 100-239d, A (I), as disapproved, for permission to construct a one family dwelling with an in- sufficient setback and within 100 feet from Long Island Sound in this R-40 Zone District. Location of Property: 90 Petty's Drive, Orient, Coun- ty Tax Map No, 1000, Section 14, Block 2, Lot 24. 8:15 p.m. Appl. No. 3852-- RICHARD DiBLASL Variance to the Zoning Ordinance, Arti- cle III, Section 100-30A3, as dis- approved, for permission to construct open deck in front yard, nonconforming ~vith bulk area and parking regulations in this R--40 Zone District. Proper- ty Location: 360 Bayview Drive, East Marion, County Tax Map No. 1000, Section 037, Block 04, Lot 0L 8:20 p.m. Appl. No. 3852-- ELLIOT PASKOFF. V~ce ~ the Zoning Ordinance'~ffticl~ III A, Section 10~-30A.3, (Ar- ticle XXIII, Section 100-231 (A), as disapproved), for permission to construct an attached deck with insufficient side yard and accessory fence (trellis) in front yard at the height of more than required 4 feet. Lot ama is non- conforming in this R-40 Zone District. Property Location: 205 North Sea Drive, Southold, NY, County Tax Map No. 1000, Sec- tion 54, Block 4, LOt 4. ' 8:25 p.m. Appl. No. 3854-~- NANCY STEIN. Variance to the Zoning Ordinance, Article III, Section 100-119.2. (Article I, Section 97-12C, as disapg)rovedl for permission to construct a deck addition within 75 feet of water or wetlands. Zoning Dis- "trict R-40. Property Location: 2535 Cedar Lane, East Marion; County 'lhx Map No. 1000, Sec- tiOn 037, Block 04, Lot 10. ~ ' 8:30 p.m. Appl. No. 3857-- MICHAEL TOFFALIS. Vari- ance to the Zoning Ordinance,/ Article XXIV, Section 100-2442 As disapproved, for permission to construct a deck addition, ~ insuffident rear yard setback for nonconforming lot in an R-40 Zone District.. Property Loca- tion: 50 Captain Kidd Drive, Matt/tuck, County ~ Map No. 1000, Section 106, Block 03, Lot 028. 8:35 p.m. AppL No. 3858-- BERNARD COSIMANO. Vari- ance to the Zoning Ordinance, Article XXIII, Section 100-239d, B. (Article XXIV, Section 100-244, as disapproved) for permission to construct a deck addition within 75 feet of bulkhead. Construction has insufficient total side yard set- backs in this R-40 Zone District. Pwperty Location: Watersedge Way, Southold, County Tax Map No. 1000, Section 88, Block 5, Lot 63. 8:40 p.m. Appl. No. 3542--~* CLIFFSIDE (TIDE MARK), Variance to the Zoning Or- dinance, Article V, Section 100-50B Speciai Exception, (Ar- ticle XIII, as disapproved) for permission to construct 76 motel Units in this Resort/Residential (RR) Zone District. Property Location: 61475 County 48, Greenport, County Tax Map No. 1000, Section 045, Block 01, Lot 01. 8:45 p.m. Appl. No. 3770~ PORT OF EGYPT. Variance to the Zoning Ordinance, Article XII, Section 1(X)-121C-122, (Sec- tion 100-239D, as disapproved) for permission to construct Boat Storage Building with insuffi- cient setbacks and excessive lot coverage in this Marine II (M- II) Zoning District. Pwperty Location: Main Road, Southold, County 'I~ Map No.f 1000, Section 056, Block 04, 06~,~' Lot 103, 11, 12.2, 3.2, 3.3, 4, 6.1. 8:50 p.m. Appl. No. 3842-- CRESCENT BEACH CON- DOS. Variance to the Zoning Ordinance. Article XXVII, Sec- tion 100-271, as disapproved, for permission to enclose decks or patios of units to be enclosed with glass windows with insuffi- cient setbacks. Property Loca- tion: End of Maple Lane, East Marion, in this Resort/Residen- tiai (RR) Zone District, County Map No. 1000, Section 38, Block· ?? .I~}, ?! _~pits. 8:55 p.m. Appl. No. 3860- DR. PAUL MITCHELL. Variance to. the Zoning Or- dinance, Article III A, Section 100-30A-3, as disapproved, for approval to construct a single family dwelling with insufficient front yard setback in this R-40 Zone District. Property Loc~ic tion: 1015 Munn Lane, Orient~ County 'Ibx Map District 1000, Sectiop 017. Block 02, Lot 08. The Board of Appeals will at said time and place hear any and nil 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. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated: September 1, 1989.~ BY ORDER OF THE ~ · SOUTHOLD TOWN' -: BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda .... IX, 9/14/89 (25i1~1 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGCNIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD -STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX No. (516) 765-1823 TO W~OM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application, your public hearing will not start before the time allotted in the attached Legal Notice. Please feel free to call our office prior to the hearing date if you have questions or wish to update your file. Yours very truly, CHAIRMAN df Enclosure ~ailing List of Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 Copies to the following on or about September 9, 1989: Suffolk Times, Inc. (Personal Delivery) L.I. Travel-Watchman Town Clerk Bulletin Board (Main Lobby) ZBA Office Bulletin Board (East Hall) ZBA Board Members (with copies of files) ZBA Individual Files Mr. Thomas C. Samuels, as Agent for Southold Free Library 25235 Main Road, Cutchogue, NY. 11935 Southold Pools, as Agent for Piperakis and Argiropoulous P.O. Box 1412, Southold, NY. 11971 Mr. Richard Lark, Esq. for Elizabeth McCance, Main Road, P.O. Box 973, Cutchogue, NY. 11935 Mr. Nicholas Tskirkas, 35-04 208th Street, Bayside, NY. 11361 Ms. Marie Ongioni, Esq. for Edwin Kinscherf, 218 Front Street, Greenport, NY, 11944 Mr. Merlon Wiggins, Esq. for Leopold Stern, Jr. Peconic Associates, P.O. Box 672, Greenport, NY. 11944 Edson and Bruer, Attorneys at Law, Esq. for Charles and Carol Burst P.O. Box 1466, Southold, NY, 11971, Mr. Rudolph Bruer, Esq. for Henry Arbeeny, P.O. Box 1466, Southold, NY, 11971 Mr. Lawrence M. Feeley, for Cipitelli Bros. Realty, Ward Associates, 1500 Lakeland Avenue, Bohemia, NY 11716 Mr. Warren A. Sambach, Sr. for Richard DiBlasi, P.O. Box 1033, Cox Lane, Cutchogue, NY 11935 Mr. Charles R. Cuddy, Esq. for Elliot Paskoff, 180 Old Country Road, P.O. Box 1547, Riverhead, NY 11901 Mr. Kenneth Stein, 5 Witchwood Lane, Chappaqua, NY. 10514 Mr. and Mrs. Michael Toffalis 50 Captain Kidd Lane, Mattituck, NY 11952 Mr. Jim Delucca, for Bernard Cosimano 12 Linda Lane, Riverhead, NY 11901 Mr. Garret A. Strang, for Paul Mitchell P.O. Box 1412, $outhold, NY 11971 Mr. Richard. T. Haefeli, Esq. for Cliffside (Tide Mark) 184 Main Street, P.O. Box 1112, Westhampton Beach, NY 11978 Mr. Merlon Wiggins, For Port of Egypt 1 Bootleg Alley, Greenport, NY, 11944 Mr. William D. Moore, Esq. for Crescent Beach Condo. Main Road, P.O Box 23, Mattituck, NY 11952 Mr. and Mrs. Domenico LoRe 21 Chatteua Drive, Box 24, Oakdale, NY 11769 Mr. and Mrs. Nick J. Cassimates 150 Captain Kidd Drive, Mattituck, NY 11952 Ms. Margeret Drape 160 Breakwater Drive, Mattituck, NY 11952 JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF $OUTHOLD TO: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Dated: February 9, 1989 Transmitted herewith is Zoning Appeal No. Edwin Kinscherf 3827 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 · application of for a variance. Also included is: Notification to Adjacent Property Owners; Short Environmental Assessment Form letter relative to NYS Tidal Wetlands Land Use; Notice of Disapproval from the Building Department; survey of property; and any other attachments relative to this application. Judith T. Terry .$}{* ENVIROI'~'{ENTAL ASSESSMENT FOR/4 ~NRTR~CTIO~$t (a) In order to answer the questions in thio abort EAr ia ia assumed that the ~roparer will u~e currently available ~fo~t~on conco~ng tho proJec~ and ~he ~ely ~pac%~ of %he action. It is not e~ected tha~ additional ~cudio~, rocearch cr o~hor inves~igations w~l be ~dorta~on. (b) ~f any question has been answered Ye~ the project rny be ~l~lf~can~ and a ccnple~ed ~nviro~ental Assessment Fo~ ~ necessa~/. (c) If all que~on~ have been answered No i% i~ l~oly t~m% thi~ proJ.c% (d) ~qvl~o~en tel 1, ~1 project re~t ~n ~ large physical c~nge to the project a~to or physically a2te~ more t~n 10 acre~ of land? , , , .... · · . · _ Yes X 2, Will :here be a ~Jor chan~e to an~ ~quo or unusual land fo~ fo~d on the sate? · · · · . Yes ...X 3. W~i ~roJec~ alter or have a large ~ffa¢t aa an exia:ing body of water? . . . . . · · · · ... Yes . X &. W~i proJec~ have a potentially Largo ~pacU on gro~d~er quali~y? · · · , · · , * * , You X ~. W~i proJec~ sl~ificantly, effuct drayage on adJacen~ sites? · · · · ...... · Yo~ X No 6, Will pro,eot affect any t~eatun8d or endangered W~I preJect reset ina major adverse effect on air ~, W~I project havo'a FmJo~ offoct cn visual cha~ acter Of tho co~munity or scenic views or vistas kno~ co bo ~portant to the com. munity? · * · Yes X 9, Will project adversely ~pac~ an7 site or u~o of his:orlc~ pro-hi~oric~ or paleontological importance or any site dosi~a~ed au a critical eavlroamon~l area by a local agency? · · · _ Yes X No 10. W~i project have a ~Jor effect on exlu~ or future recreational opport~i~ios? · · · ... Yes. lle Will project.result'in ~Jo~ traffic problems or cause a maJo~ effec~ to existing t~anspo~tation 12. Will project reg~arly causo objectionable odors, noise~ glare~ vibratlon, om electrical dist~Fb- an~e am a reset of the project's operation? ; Yes , X No ~), Will project have any impact on public health or 1g. Will project iffect thc existing co~u~tity by ~lrect~,y causing a ~rowth ~n penman:eat FOpula- tion el more than 5 percent over a c'n~year period o~ have e ~Jor negative effect un the character of tho conmunity or neighborhood?, , . Yes ~5. lo there pu~c co~ro~sy conc~rl~An,:~be project? -- Yes X No PREP~ER,S SIONATtgE,//~/~~.TITLE:Attorney for owner REPaESENTINO= '~dwin Kinscher'~ {'~ ~DATE: May 9~ 1988 ~.UESTIONNAIRE TO BE COMPLETED ArID SUBMITTED WITH YOUR APPLICAT[O~I FORHS TO THE BOARD OF APPEALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch), to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change ~r alter land contours? Yes 2.a) Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by *b) ~n Code, Ch. 97 for your reference.) Yes there any areas open to a waterway without bulkhead? Yes ~] 2. Are there existing structures at or below ground level, such as patios, foundations, etc? Yes ~] Are the~e any existing or proposed fences, concrete barriers, decks, etc? Yes [ Nail If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground level? State total: ft. Yes [Ni] If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total: ft. Yes Yes [Ne~ Yes [ N~ ~ Are there other premises under your ownership abutting this parcel? If.yes, please submit copy of deed. Are there any building permits pending on this parcel (or abutting land under your ownership,'if any)? State Permit # and Nature: 9. Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning. Board Yes Town Board Yes Town Trustees Yes County Health Department Yes Village' Of Greenport Yes N.Y.S.D.E.C. Yes Other Yes 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale.(from contract)· Yes 11. Is new construction proposed in the area of contours : at 5 feet or less as exists? ~- Yes 12~ If new construction is proposed in an area within 75 feet of wetland grasses, or land area at a~ 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 Yes the requirements of Ch. 97 of the Town Code? 13. Please list present use or operations conducted upon the subject prgperty at this time ~e~lde~tl~l and proposed *Please submit photographs for t'he record. i cgr~ify that the above statements are true and are being submitted rexki~/~se b~ the~ard of ApBeals in c?nsidering my application. '~ -ure (Pr6pe}~cy Owner) (Authorized Agent) MARZS ONOIONI ~tf.~o~Dey ~o~ oN~e~ [Ne] [N~] [No] for 3/37 lk § 97-13 WETLAN~)S § 97-13 TOWN -- Thc Town of Southold. TRUSTEES -- The Board of Trustees of tho Town of Southold. [Added 6-5-§4 by L.I.. No. 6-1984] WETLANDS [Amended 8-26-76 by L.L. No. 24976; 3-26- 85 by L.L. No. 6-1985]: A. TIDAL WETLANDS: (I) All lands generally covered or intermittently cov- ered with, or which border on, tidal waters, or-lands lying beneath tidal waters, which at mean low tide arc covered by tidal water~ to a maximum depth of five (5) feet, including but not limited to banks, bogs, salt marsh, swamps, meadows, flats or other low lying lands subject to tidal action; (2) All banks, bogs, meadows, fiats and tidal marsh subject to such tides and upon which grows or may grow some or any of thc following: salt hay, black grass, saltworts, sca lavender, tall cordgrass, high bush, cattails, groundscl, marshmallow and march cordgrass; and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of thc m,,'.~t landward edge of such a tidal wetland. FRESIIWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 2.1, Ti- fie 1, § 2-1-0107, Subdivisions l(a) to l(d) inclusive, of thc EnvironmenUd Conservation Law of tho State of New York; and (2) All land immcdlately adjacent to a"freshwater wet- land," as defined in Subsection I;(1)and lying witb- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." 9705 State of New York County of .~llade the ay of August ~%Tl~eteen H,~dred (~l~d Fifty-Two Between INEZ FORDHA~, residtn on the north side of the North Road, near Qreenport, in the ~f~outh~ld, Suffolk County, New York. Recorded on the day o£ .1. D., 19 at o' cloolc ~I. in liber of DEEDS at pa~e and examined. Town~ Clerk part ~ ~£ the first part, and EDWIN CHARLES KINSCHERF and DORIS BARBARA KIN$CHER~,'his.wife,~e~ing at 91~0 89th Street, Woodhaven, New York parties of the second part. Witnesseth that the part y of the first part. in consideration of Ten ................................................ Dollars ($ 10.00 ) lawful money of the United States, and other valuable considerations paid by the part ~e s of the seco,d part, do < hereby ~rant and release unto the part las of the second part, their heirs and assi~ns forever, all that cer'tain piece or parcel of land near Greenport, in the Town of So~ Sui~folk County, New York and more particularly described as follows: BEGINNING at a concrete monument set on 'the westerly line of Inlet Lane, said monument being three h~mdred feet southerly along said westerly line from the southerly line of Manhanset Avenue, being the northeasterl~ corner of land of Lester Pollock and the southeasterly corner ,of the premises herein escrmbed, and running westerly along said land of Pollo~ lO0.0 feet to a concrete monument; thence northerly along other land of the party of the first part and parallel With said westerly line of Inlet Lane lO0.O feet; thence easterly along other land of the pa?ty of the first part and parallel with said southerly line of Manhanset Avenue 100.O feet to said westerly line of Inlet Lane; thence along said westez lin? 9f Inlet Lane S. 2© ~' 00" W. 100.0 feet to the point of be~innin2 Together with the appurtenances and all the estate and rights of the part of the.first part in and to said premises, To have and to hold the premises herein ~ranted unto the partl-es', of the second part, their h~irs and a~si~ns forever. And said party of the first part First, That said party oi' the first part is covenant s as follows: seized of said premises in fee .vimple, a~zd has ~ood right to convey the same; Second, That the parties of the second part shall q~ietly enjoy the said premises: Third, That the said premises are free from incumbrances: Fourth, That the part y of the first part will execute or procure any further necessary assurance of the title to said premises: Fifth, That said party of the first part will forever Warrant the title to said premises. Sixlh, That, in Compliance with Sec. 13 of the Lie;~ Law, the 6. rantor 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 payin~ the cost of the improvement and will apply the same first to the payment of the cost of the improvement before usin~ any part of the total of the same for any other purpose. hand and seal In Witness Whereof, the part y of the first part ha s hereunto set the day and year first above written. State of New York / On this County of Suffolk / ss. 3/'ineteen Hundred and before me, the subscriber, personally appeared iNEZ day of August Fifty-Two FORDHAN hGr to me personally known and known to me to be the same ~sbn described in and who executed s he duly acknowledged to me that the within Instrument, and she executed the sa~ne. RECORDED ... (_] 3fotary Public . "HENRY BOOTH MOORw ~OTARY PUBLIC, STATE OF N.~,,YOHK ~.IDENT OF SUFFOLK CO,, CLERK $ No. ~ COMMISSION EXPIRES MARCH 30, 19-~ AUG 27 1952 R. FORD HUGHES CLERK OF .SUFFOLK COUNter~ INEZ FORDHA~ TO EDWIN CHARLES KZNSCPZERF and DORIs BARBARA KINSC~UqRF,his wife H~y BOOTH ~OORE, GREENPORT, NEW YORK ~ECORu~u INDEh'FURE, raade ~ /~ ~ '~y of ~a~ . '- ' mne~n h~ ~d. f[ffty-n[ne IBAB~ L'HO~I~ residing at 22 Walker Avenue, Town of Oyster Bay, Nassau County, New York party of the fir~ part, and EDWIN KINSCNERF residing at 91-50 89th Street, Queens County, New York party of the second ~ W.~.~...~.~,~. th~. j~he party of the fi~ past. in eonzidefafion of Tm ~I~, and ~ ~le ~idemf~ unto me o[ ~ ~rs ama ~ ot ~ ~ ~ ~ ~a ~ io~, ' I~~ a~ G~een~vt', Town. of 5outhold, Co~ty:.of.~fo~'and 8t~te of New York, ~u~ed and deeeribed ae roll.e: . ''- ~ trt Deed -63k September BEGINNING at ~ point on the easterly line of Wood La~e 200 feet southerly from tbs inte?eeotion of the easterly line' of 'Wo~ l~ne and the southerly line. of.Nanhanset Avenue, ea~d point of beginning being also the eOut~ester!y corner of land of Jeneen an~ Beatrice A. Jeneen; ~ing thence In a gene~l ~terly direction along the Southerly line of land of Jensen 100 feet to land now o~ fo~erly of Kinsoherf, ~nning thence southerly'direction along last =entloned land 50 feet to la~d o~veye by Isabel L'H~medieu to Arnold H. L'Ho~edleu by deed ~te~Ap~tl 16, 1957 and resoled,April 17, 19~7 In ltber 4~, op office of the Suffolk County Clerk, ~nlng thence westerly direction and ~rallel to the southerly line of l~d of Jeneen 10o feet to ~he easterly line of ~ood Lane, thence northerly along the easterly line of ~ood ~ne ~0 feet to the point or place of beginningR. Being the northerly ~lf of premises conveyed by Inez For~ Arnol~ ~. L' Hommedieu and Isabel L~Ho~e~leu by dee~ date~ 1954 and recorded Nay 20, 1955 in Llber 3889 op 226. TOGETHER with all right, title and interest, if amy, of the party o[ the first part in and to an,/ streRs and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to sdd premises; TO HAVE AND TO theHOLDpaR)'theo~premiseSthe secondhereinpartgrantedfore,/er.Unt° the party of the second part, the heirs or successors and usigns of 8 AND the party of the first part covenants that the l~rty of the first part ~ not done or suffered an h' whereby the said premises have been encumbered in an .... '~ ........ yi mg '~.:~' the party ottne nrst part, n comphance w th Section 13 of the Lien Law, covenants that the party oF the first part will receive the consideration for this conveyance and will hold the right to receive such consid- er~tlon as a trust fund to be applied first for the purpose of paying the cost of thc improvement and wil apply Same first to the payment of the cost of the improvement before using any part o{the total of the san~e 'any other purpose. :The s, ord "party" shall be construed as if it read "parties" whenever the Sense of this indenture so requires. written.IN WI ! ~ WHEREOF, the party of the first pa~t has duly executed this deed the day and )-ear first above Is r~zss~cz STATE OF NEW YORK, County of Suffolk, l, NORMAN IL KLIPP, Clerk of the County otc Su~olk and Clerk of-the Supreme Court oir the State of New York in and for said County (said Court being a Court of Record/DO HEREBY CE.RTIFY that I have compared the annexed copy of Deed .l LtHommedieu to EdWin Kinscherf wxth the original recorded in the Suffolk lice, Riverhead, N.Y. June l, 1999 @ll:0~a.m. in Deed Liber k63~ and that it is a just and tree copy of such original record and of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto set my hand and af- fixed the seal of said County and Court this 9th day ott~'~b. 196 8 the roguing instrument, ~nowledged that ] ex~ut~ the fo~ng instrument, and ack~wl~ ~t ~ut~ the ~m~'~ut~ ~e ~ STAT! OP NIW YOIIIr. COUNTY On tl~ day of 19 , before me personally came ~ to me known, who, berne by me duly sworn, did depose and say that he resides at-No. that he is the ' of mm~ trle ~1 ut ?la corpm'-atlon; that the ~ afTJxe~ to ~d J~strnm~t t~ tach corporate se~l; that it ~ i ~Hxed by oeder of the Ix~rd o~ directors o~ --'- so a tJ ' · ~atu corpora- on, and tl~tt he s~gned h name thereto by like or~er. J STATI OP NIW YORK, COUNTV OP On the day of 19 , before me personally came . the subscribing wlmesa to the foregoing instrument, with whom I am personally acquainted, who, beln~ by me duly sworn, did depose and say that he resides at No. that he ]mows ; to be the individual described in and who executed the f~ jfl_~e~t; that he, said subscribing witness, was present, and saw execute the same; and that he, mid witness, at the same time subscribed h name a~ wltne~ thereto. . - ISABEL L'H0~,~gEDIEU TO EDWIN KiNSCHERF (coP~) DEED SufFolk County Clerk's Office Norman E. K/ipp, County Clerk Riverhead, N. Y. Form T3] CONSULT YOUR L~WYER BEFORE SIGNING THIS INSTRUMENT--THIS INS,.TRUJ~ENT SHO~E.F"D BE USED B' ONLy. ~ IND~ made the /~ ~y of ~ay , nineteen h~dre~ ~d fifgy-n~no ARNOLD H. L'HONMEDIEU residing at 22 Walker Avenue, Town of Oyster Bay, Nassau County, New York BETWI~N Syosset, party of the first part, and Queens County, DORIS KINSCHER~ residing at 91-50 89th Btreet, New York party of the second par~, WFl~ETH, thatthepar~ ofthefi~tpa~,inconsiderationofTen Dollarsandothervaluableconsideration paldbythe partyofthese~nd part, doesherebygrantandreleaseuntothepartyofthesecondpart, the heirs or successors and assigns of the party of the second p~rt forever, ALL thatcertainplot, pieceorparcelofl~d, withthebuildingsandlmprovemen~ t~reon erect~,sit~te, lyingandbeingim~ at GreenPort, Town of Bouthold, County of Buffolk and ~tate of New York, bounded and described as follows: BEGINNING at a point on!t~e easterly line of Wood Lane, where same is intersected by the northerly line of land of Benjamin Driskell; running thence along the easterly line of Wood Lane in ageneral northerly direction,50 feet; running thence in a general easterly direction and'parallel to the northerly line of land of Benjamin Driskell, 100 leer'to land now or formerly of Klnscherf; running thence in a~general:south~rly direction along land las~ mentioned 50 feet to land.of Benjamin Driskell; running thence in a general westerly direction along last mentioned land 100 feet to the point or place of beginning._ BEING the southerly half of premises conveyed by Inez Fordham to Arnold H. L'Hommedieu and Isabel L'Hommedieu, by deed dated September 18, 1954, recorded in the Suffolk County Clerk's Office on May 20, 1955 in Liber 3889 at page 226. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streots and roads abutting the above described premises to the center lines'thereof; TOGETHER wich the appurtenances and all the estate and rights of Che party of thc first puXt in and to s~id premises; TO HAVE AND TO HOLD the premises herein granted onto 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 fir~ part has not done or suffered anythbxg wheroby 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 o~ tfie first part will receive the consideration for this conveyance and will hold the right to receive such cousid- station as a trust fund to be applied first for 'the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. 1N WITNE~ WHEREOF, the party of the first part has duly executed this deed the day and year first above written. STATE OF NlW YC)RR, COUNTY OF NABSAU ss: On the ~:day of Nay . 19 59, before me personally came ARNOLD H. L~HOMMEDIEU to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the ~ame. STATE OF NEW YORE, COUNTY OF ss: On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. ; that he is the of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tion, and flint he signed h name thereto by like order. STATE OF NEW YORK, COUNTY 01~ On the day of personally came 19 , before me to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. STATE OF NEW YORK, COUNTY OF On the day of 19 , before me personally came the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he knows to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. %%%5%%%% J (~ COUNTY OF ~UFFO[K ReaJ Property 1'ax Service Agency HD R~80 HD R~4O R~,O R-80 ~96 ' ,o] © COUNTY OF SUFFOLK ~'~ $OUTHOLO j ..... ReoJ ProperJy Tax Service Agency ~'~'!~' m 04~ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter o~ the Petition of EDWIN KINSCHERF to the Board of Appeals of the Town of Southold TO: Ms. Beatrice A. Jensen Inlet Lane Greenport, N. Y. 11944 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 (Variance) (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: District 1000, Section 43, Block 4, Lots 29, 30, & 35. 3. That t~e j!j~perty 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: permission to separate lots.29 & 30 which merged at the decease of Mrs. Kinscherf when title to the lots passed by her will to Mr. Kinscherf. the owner herein: Additional per- mission is requested to separate lot 35, Another lot contiguous to lots 29 & 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare Article 1 & 3 Section ~ 106-20 & ~ 100.31 [ ] Section 280-^, 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) 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 ap~ar and be heard at such~hearing. I Petitioner Marie On~ioni Owners'Names: Edwin Kinscherf Post Office Address c/o Marie OnRioni, Esq. 218 Front Street~ Box 562 Greenport, New York 11944 F OF MAILING OF NOTICF ~TIFIED MAIL RECEIPTS ADDRESS STATE OF NEW YORK COUNTY OF SUFFOLK SS.: - ' ,being duly sworn, deposes and says that on the ~' day ,19 _~ , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the-abOve-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- rice at~/~ ~ff..L-/~ ; that said Notices were mailed to each of said persons by (cert'fied) (registered) mad. ( Sworn to before me this ~ day of ~,--~-~"~ Notary Public L NDA F KOWALS:{! Commi~sio~ E~ rcs ~o, I~b (This side does not have to property owners.) be completed on form transmitted to adjoining BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or' the Petition of EDWIN KINSCHERF to the Board of Appeals of the Town of Southold TO: Mr. and Mrs. John Biddulph Inlet Drive, P.O. Box 494 Greenport, N. Y. 11944 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 theJ~rooerty which is the s~biect of the Petition is located adiacent to your property and is des- cribed as follows: Di~trzck 1000, ection 43, Block 4, Lots 29, 30, & 35. 3. That the property which is the subiect of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief:permission to separate lots 2.9 & 30 which merged at the decease of Mrs. Kincherf when title to the lots passed by her Will to Mr. Kinscherf, the owner herein. Additional per- mission is requested to separate lot 35, another lot contiguous to lots 29 & $. That the provisions of the Southold Town ZoningCode applicable to the relief sought by the under- signedare Article 1 & 3 Section §106-~21 & §100.31 [ ] 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 horns. (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 ajE,pear and be heard at such hearing. Petitioner MARIE i.O~K 0wne,rs ' Names: Ed inscherf cP~oSt ~ffice. Address. Marie unglonl,' Esq. 218 Front Street, Box 562 Greenport, New York 11944 P Ol~ ~hB , ~scherf RECEIPT F?~.'CERTIFIED MAIL NOT FOR iNTERNATiONAL MAIL (See Reverse) Inlet Dr., P.O. Box D, SIate and ZIP Code N. ¥. 11 ;,.QOF OF MAILING OF NOTICF CERTIFIED MAIL RECErIPTS ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: .~..,~?~r-'7.~ , "~ L/ _., , being duly sworn', deposes and says that on the ~ day of .,~Z~ , 19 cfi7 , deponent mailed a true copy of the Notice set forth on the re- vers~'side hereo~ 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/as~.es_sme.n_t rol~_o.f..the-Town of Southold; that said Notices were mailed at the United States Post Of- fice at (certified) (registe~d) mail. w S orn to before me this ? day of ~, 19 ~ Notary Public ; that said Notices were mailed to each of said persons by (This side does not have to be completed on form transmitted to adjoining property owners,) BOARD OF APPEALS, TOWN OF SOUTHOLD : In the Matter eT the Petition of : EDWIN KINSCHERF : to the Board of Appeals of the Town of SouthoJd : TO: Mr. and Mrs. George Koutseumbelas 23-12 41st. Street Astoria, New York 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 subiect of the Petition is located adiacent to your property and is des- cribed as follows: District 1000, Section 43. Block 4. Lnt.~ 2q: ~; ~ ~ 3. That the prop~rl~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: permission to separate lots,,29 & 30 which merged at the decease of Mrs. Kinscherf when title to the lots passed by her Will to Mr. Kinscherf, the owner herein. Additional per- mission is requested to separate lot ,35, 'another lot contiguous to lots 29 & $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article 1 & 3 Section G106-20 & §100-31 [ ] 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 Owners ' Names: Edwin Kinscherf Post Office Address c/o Marie OnRioni~ Esq. 218 Front Street, Box 562 Greenport, N. Y. 11944 P 0],9 q6DK~~'cherf RECEIPT FOR CERTIFIED MAIL (See Reverse) G. Koutsoumbel~s 23-12 41st Street Astoria, N. Y. Retu e ~ g to whom [o,.X --- t .. PROOF OF MAILING OF NOTICF ,H, CERTIFIED MAIL RECEIPTS ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: .~~ )r?c~ _/.~ , being duly sworn, deposes and says that on the ~'~ day · of ~-~L/~ ~, 19 ~'~' , deponent ma led a true copy of the Not ce set forth on the re- ver~e side hereof,' ' 'directed to each of the ab'ove-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are lhe addresses of said persons as shown on the current,.assessment roll of the Town,_~,,of Soulhold; that said Notices were mailed at the United States Post Of- rice at / ;that said Notices were mailed to each of said persons by (certified) (registere~') mail. Sworn to before me this day of Notary Public ....... cf [';ew York 52-4524772 (This side does not have to be property owners,) completed on form transmitted to adjoining