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HomeMy WebLinkAbout3708 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, CHAIRMAH CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. ACTION OF THE BOARD OF APPEALS Appeal No. 3708: Upon application of DAVID WALKER/TURTLE ASSOCIATES for Variances to the Zoning Ordinance, Article III, Section 100-31 for approval of parcel as exists with insufficient lot area and width and more particularly described in Deed at Liber 8721 page 433 dated October 25, 1979, having been set-off without Planning Board approval. Location of Property: 1300 Marratooka Lane, Mattituck, NY; County Tax Map District 1000, Section 115, Block 3, Lot 18.3 (previously part of 18.2). WHEREAS, a public hearing was held on October 26, 1988,in the Matter of the Application of DAVID WALKER/TURTLE ASSOCIATES under Appeal No. 3708; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located in the Residential and Agricultural Zoning District and is identified on the Suffolk County Tax Maps as District 1000, Section 115, Block 3, Lot 18.3 (previously part of 18.2). 2. The subject premises as exists is vacant, contains a total lot area of 24,752 square feet, and has frontage along Marratooka Lake of 58+- feet and Marratooka Lane of 89.50 feet, as more particularly shown on the Map prepared by Roderick VanTuyl, P.C. June 14, 1988 and Survey Map Prepared October 3, 1979, amended June 1, 1987. Page 2 - Appl. No. 3708 Matter of DAVID WALKER/TURTLE ASSOCIATES Decision Rendered November 16, 1988 3. By this application, appellant requests Variances from the Zoning Code for approval of an insufficient lot area of 24,752 sq. ft. and insufficient width (frontage) of 89.50 feet, as exists and described by Deed dated October 15, 1979 between the current owner and the prior owner, Robert E. Rehm. 4. Article III, Section 100-31, Bulk Schedule, of the Zoning Code requires a minimum lot area of 80,000 sq. ft. (eff. 5/83) and lot width (or street frontage) of 175 feet. 5. Article III, Section 100-31 also excepted those lots having a lot area of less than 80,000 sq. ft. that were "held in single and separate ownership prior to November 1971, and thereafter," or were approved by the Planning Board prior to May 20, 1983. The record shows that this parcel was not held in single and separate ownership prior to November 1971 and that no town approvals have been found concerning the set-off of the subject premises from the adjoining northerly house lot (now of Lowell) or the adjoining southerly vacant lot (now of Cudd¥). 6. In viewing the immediate area within Section 115, Block 3, District 1000 of the Suffolk County Tax Maps,the following lot sizes and parcel numbers are identified for the record: (a) Lot 15 at 1.2+- acres; (b) Lot No. 16 at 1.0+- acre in area; (c) Lot 17 at .95+- of an acre; (d) subsequent to the subject set-off of 18.3, previously referred to as 18.2, now Lot 18.1 at 1.2+- acres; (e) prior to the subject set-off of 18.3, when combined with 18.2, Lot 18 (or 18.1) at 2.1+- acres; (f) Lot 19 at 1.3+- acres; (g) Lot 29 at 21,500+- sq. ft. Each of these parcels are located along the west side of Marratooka Road or front along the immediate shoreline of Marratooka Lake. (Other parcels which may also front along Marratooka Lake were not included since these parcels do not have direct access or frontage along Marratooka Road and do front along other Town Roads.) 7. Upon inspection and viewing of the character of the immediate area (noted above), the size of this proposed lot is substantially smaller, and a majority of the remaining building lots are substantially larger. 8. In considering this application, the Board finds and determines: (a) that it is the burden of the landowner to prove that the area restrictions as applied to his land imposes "significant economic injury"; and the burden of proof has not been substantiated; {Matter of Cowan v. Kern, 41 N.Y. 2d 591 (1977); Matter of Fulling v. Pal~mbo, 21 N.Y. 2d 30~; Page 3 - Appl. No. 3708 Matter of DAVID WALKER/%qJRTLE ASSOCIATES Decision Rendered November 16, 1988 (b that the relief requested is substantial in relation to the requirements, being a variance of approximately 70%, and meeting only 30% of the 80,000 sq. ft. minimlam requirement; (c) that the circumstances are not unique and are not principally related to the property; (d) that the difficulties claimed are self-imposed, particularly due to the inaction of the property owner over many years to apply for and obtain town approvals for the improper set-offs; (e) there will be an adverse effect of increased dwelling density thus produced on available governmental facilities by the creation of precedents if the variance were allowed, and will in effect establish a zone district at odds with all other zone districts provided for in the Zoning Code (VanDusen v. Jackson 35 A.D. 2d 58); (f) there will be a substantial change in the character of the neighborhood and detrimental effect to neighboring properties; (g) in view of the manner in which the difficulty arose and in consideration of all the above factors, the interest of justice will be served by denying the variance. Accordingly, on motion by Mr. Din~zi0 , seconded by Mr. Sawicki, it was RESOLVED, that the relief requested under Appeal No. 3708 in the Matter of the Application of DAVID WALKER/TURTLE ASSOCIATES, BE A/~D HEREBY IS DENIED. Vote of the Board: Ayes: Messrs. Sawicki, Doyen and Dinizio. Absent from all deliberations and vote were: Member Grigonis (out-of-state) and Chairman Goehringer. This resolution was duly adopted. RECEIVED AND FILED BY THE SOUTHOLD DATE /~///f~ HOUR 3'/~£,~ ~6%v5 Clerk, Town o~ ~ccOSEPH H. SAWICKI HAIRM3%N PRO TEM o 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 :1. BO BeeGtG6ass NOTICE OF HEARINGS - JOSEPH H. SAWICKI James Dinizio, Jr. 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 WEDNESDAY, OCTOBER 26 , 1988 at the following times: 7: 30 p.m. Appl. No. 3773 - GRETCHEN K. HEIGL. Variance to the Zoning Ordinance, Article III , Section 100-31 for permission to connect deck to porch, leaving an insufficient setback from the south(westerly) property line. Location of Property: Private Right-of-Way extending off the North Side of Soundview Avenue, Southold, NY; County Tax Map District 1000, Section 68, Block 1, northerly part of Lot 14 (now 14.1) . 7:40 p.m. Appl. No. 378.4 - JAMES YOUNG. Variance to the Zoning Ordinance, Article III , Section 100-31 for permission to construct addition to dwelling with insufficient front yard ` Z.B.A. Legal Notice • -2- October 2 988 Hearings setbacks from the westerly and southerly property lines. Location of Property: NE/s Minnehaha Boulevard at "Laughing Waters, " Southold, NY; County Tax Map District 1000, Section 87, Block 3 , Lot 8. 7: 45 p.m. Appl. No. 3772 - JOHN G. PHILIPPIDES. Variance to the Zoning Ordinance, Article XI, Section 100-119. 2 for permission to construct deck addition at rear of existing dwelling with an insufficient setback from existing bulkhead. Location of Property: South Side of Old Cove Road, Southold, NY; County Tax Map District 1000, Section 52, Block 2 , Lot 10. 1. 7:50 p.m. Appl. No. 3785SE - RAYMOND NINE and CHARLES ZAHRA. Special Exception to the Zoning Ordinance, Article III, Section 100-30B{16} for permission to establish "Bed abd Breakfast Use, " "an owner-occupied building, other than a hotel, where lodging and breakfast is provided for not more than six casual, transient roomers, and renting of not more than three rooms. Location of Property: North Side of New Suffolk Avenue, Mattituck, NY; County Tax Map District 1000, Section 114, Block 11, Lot 20. 7: 55 p.m. Appl. No. 3777 - CARL J. AND RUTH V. NELSON. Variances to the Zoning Ordinance, Article III, Sections 100-31 and 100-32, and Article XI, Section 100-119.1 for permission to construct tennis court with 10-ft. high fencing in the frontyard area and total lot coverage in excess of the maximum-permitted 20 Z.B.A. Legal Notice • -3- October 2. 1988 Hearings percent. Location of Property: 1060 Moore's Lane, Greenport, NY; Eastern Shores Subdivision, Section 3 , Lot 99; County Tax Map District 1000, Section 33 , Block 2, Lot 43 . 8: 05 p.m. Appl. No. 3786 - MARION SACCONE. Variance to the Zoning Ordinance, Article III, Section 100-30, for permission to replace nonconforming trailer with new single-family dwelling, in addition to the established dwelling structures and uses. Location of Property: 66075 C.R. 48, Greenport, NY; County Tax Map District 1000, Section 40, Block 2, Lot 7. 8:10 p.m. Appl. No. 3762 , - ROBERT G. AND DIANNA BAKER. Bed and Breakfast proposal, 2900 Boisseau Avenue, Southold; 1000-55-6-9. (Recessed from October 6, 1988) . 8:15 p.m. JOSEPH A. STOCKEN/M & N AUTO, INC. Location of Property: South Side of Front Street (Route 25) , Greenport, NY; County Tax Map District 1000, Section 45, Block 6, Lot 5: Appl. No. 37835E - Special Exception to the Zoning Ordinance, Article VIII, Section 100-80 for expansion of the present property by the addition of a new building to be utilized for the existing automobile service station and public garage, in addition to the continued sales of gasoline and proposed retail (grocery) store uses, all as shown on the August 4, 1988 Site Plan. Z.B.A. Legal Notice • -4- October 201988 Hearings Appl. No. 3782 - Variance to the Zoning Ordinance, Article VIII , Section 100-80 for permission to convert existing building to retail (grocery) store, which is not listed as a permitted use in this "C-Light Industrial" Zone District, in addition to the existing sales use (of gasoline and diesel) and proposed new building for automobile servicing. 8: 30 p.m. Appl. No. 3708 - DAVID WALKER/TURTLE ASSOCIATES. Variances to the Zoning Ordinance, Article III, Section 100-31, for approval of parcel as exists with insufficient lot area and width and more particularly described in Deed at Liber 8721 page 433 dated October 25, 1979, having been set-off without Planning Board approval. Location of Property: 1300 Marratooka Lane, Mattituck, NY; County Tax Map District 1000, Section 115, Block 3 , Lot 18. 3 (previously part of 18.2) . 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 Z.B.A. Legal Notice • -5- October 2. 1988 Hearings prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. For more information, please call 765-1809. Dated: October 6, 1988. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN By Linda Kowalski -----------------------------------------------------------------x Notice to Newspapers: Please publish the above Legal Notice once, to wit, Thursday, October 20 , 1988 and forward one Affidavit of Publication to: Board of Appeals, Main Road, Southold, NY 11971. Thank you. ------------------------------------------------------ y, - `. • FORM NO.3 • TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL Date . . . 19(f1o. . To � . . . . . . . . . PLEASE TAKE NOTICE that your application dated . . . . /�Y , . , ),L, , , , , . . ;, 1915 . . for pess>sisr#o . VA044.4l. . y .et-jLJV . .E e�N-n F. .If✓11: at Location of Property . . 1OO 1-(`tiZh�"L3.0.fc!°� f_6+..j. . . . 7Q.6K . . House No. _ Street Hamlet County Tax Map No. 1000 Section . . .�. . . . . . . Block . . . O 3, . . . . , Lot Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . . Lot No. . . . . . . . . . . . . . . . . . is returned herewith and disapproved on the following grounds--.,oti/`--vt,�,'f , ( 5 u�,-a>✓�:t .ciOV—.+.T. . .11-l . .�Y. !# Zf, . . /�t'?� ,!�'. . . �'�. .t�lly5 . . ,��T. c9CF. . .rt�Ob�•. .?i'�IZc . . ,t�4 . . . . . . . . . . . . . . lel:.QQ( .D.:5M!-H. . . k.v1rf-1.ocT. . l�1,�mac.) ►G,. �?e �� . . . . . .WjT.N 4t c L. . t7rl=-1�4.4 !�•c,. . A F. �/-.l�tit M.l^1.C� . CX1�� . rk l • B� il� ing� Inspector RV 1/80 • FORM NO.3 • TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. S� «> NOTICE OF DISAPPROVAL File No. . . . . . . . .. ../. . . . .�A. . . . . . . . . . . . . . Date . l�( �j.�^ l! . . . . ��. . . . .. 19 87. . To 4vnn�).4.c�!-. !s . . l . . 'A. .wcx �C.�- I . . . . . . . . . . . . . .�'. ..e-�'. . PLEASE TAKE NOTICE that your application dated . . . ., 10.1 . for permit to !\\L--!-__�?3?4�-. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . .. .. ....—.�. . . . . . . . at Location of Property J `�.CIO. . .!!J��+.? !-! "'ic0.i do--M. 9 �t��: House No. Street Hamlet County Tax Map No. 1000 Section . . . /./. 15.. . . . . . Block . . . .O . ,3 . . . . . Lot . . .1. ?•. .� . . . . . Subdivision . . . . . . . . . . . . . . Filed Map No. . . . . .^'. .�. . .... . �tLot No. . . . . . . .. . . . . . . . . is returned herewith and disapproved on the following grounds .tc�.�ctx� Qr!s. �I�Q. . . . . . . . . . QLt7 . . . . ��. . .)'4 . . . . . . . . . . . . Euilding Inspector RV 1180 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR -56 APPEAL NO. �=9 0119A6 DATE ....3.1.�.Z........ TO THE ZONING BOARD OF APPEALS, TOWN OF SWTHOLD, N. Y. 1, (We) Turtle Associates. ..................of ....... 2,105,Pari,Avenue,,,,, Name of Appellont Street and Number Mattituck ......NY.................HEREBY APPEAL TO ...................................................... Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. ........... DATED .....AM&ust.,13, 1987 WHEREBY THE BUILDING INSPECTOR DENIED TO William H. Price, Jr. , as counsel for David Walker ................................................................................. Nome of Applicant for permit of 828 Front. Street. ..... .... .......Greenport......................New York . . . .................... Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( X) PERMIT TO SUBDIVIDE 1. LOCATION OF THE PROPERTY .....1300 Marratooka Lane Street /Hamlet / Use District on Zoning Map District 1000 Section 115 Block 03Lot 18.3Current Owner David Walker Map No. 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.) I/ Article's Section 10b ,3� 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (X ) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (has not) been 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 (X ) A Variance to the Zoning Ordinance is requested for the reason that the parcel, which has been previously been set-off without Planning Board approval is insufficient in width and area. Form ZBt (Continue on other side) REASON FOR APPEAL Continued !tivw" 1. STRICT APPLICATICNODIF 177E ORDINANCE would produce practical difficulties or unneces- sory HARDSHIP becausqd.W4is,parcel has been previously set-off without Planning Board approval and is in separate and' Wigle ownership. Without this variance, the property would be virtually useless and without value. 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 of the unique history of the set-off and transfer of the property without obtaining requisite approvals. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the size of the parcel is similar to most of the other parcels in the area and, in fact, larger than many. STATE OF NEW YORK ) c ss .. . ........................ ................... ... .... COUNTY OF ) Signature vin McLau2ghlin, Attorn y/ gent Sworn to this .............I..l.. ................. dClary.............................. 1988 Notary Public LAURIE E.GRAEB Notary Public,State of New York No.4821818,Suffolk County Term Expires September 30,1868 I /1 3 TOWN OF SOUTHOLD PROPERTY RECORD CARD Al _ OWNER STREET VILLAGE DIST. SUB. LOT ✓�. G�/a./�er Ai0affR LIPi _ 7-0 It K �IESc . FORMER OWr�ER N E ACR. XC._ 1<'eIn7 Lowe 0 MigIFRAiboKALpNe ; Ir � ST• a f S W TYPE OF BUILDING > ej5UE9 j,FW- ,60LDSMi7# E. C(, DD M l'f�ATdoK,w �pKF ,sll SEAS. VL 9 FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS 0 'IONM[Wi f Ric �� p _ cY L Bad P/76 SF%/ - a /DGQ Ooo ✓ l 1 G G .h So�D /7 Soo SP� acZp f. C LIDO 78/22 — --- -- c r,,e 19 a I i Tillable FRONTAGE ON WATER 3c ' ' �° _ / L/ -- - - — Woodland FRONTAGE ON ROAD Meadowland PTH House Plot — BULKHEAD Total 'm,_5 .Y 1./r"•. -: .•�: J. i! .. .> ';r. . lT �� � t L' w 41 I /y+ Tc•v/{'f �0 �"1 SYurHOIL.a, . N. Y. I n' n,.U;t"1{ kl� wf�r{. nr l . '�L.v'. l..l • /!:!1 / C�,�l�, IF Iv IA. I��.y' {r t . !j•AP'�� t°a Yt�✓ f i '7. 16 '�./(.. './ ' .; 1. .. ,xi//•: •Li�'Jhw l i ..�t x� �., � O A .,. _. . � _ owl , NTY YAP N0. , -.� ').RDINATE NOS. a _ �ECCRDED IN LIBER PAGE o? i ;CIVISION NAME OR NO. ;i--OK—PA/ BL. LOT REAL PROPERTY TAX SERVICE AGENCY '1DEX NITIA l SUFFOLK COUNTY CENTER KETCH RIVERHEAD, L. 1., N. Y. 77901 /,v/IJ�A� n Ra cl ISI � A Z,4(c) Z �r 4o't MA/1PATooild /8, Z N �C /9 n /SET/2t /000 - /IS- ADb /CDU - //,S- 3 - /8. / a 1000- // s - 3 -/ur, z �2U45- 420) RESEARCHER/PLOT ��{F' DATE /7 7G CHECKED BY �i - RPT-,A Form ;( o�05�FFOL�py C=, T Southold Town Board of Appeals o • � MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I„ N.Y. 11971 TELEPHONE (516) 7651809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI January 10, 1989 JAMES DINIZIO, 1R. J. Kevin McLaughlin, Esq. 828 Front Street P.O. Box 803 Greenport, NY 11944 Re: Appeal No. 3708 - David Walker/Turtle Associates Dear Kevin: Transmitted herewith for your information and file is a copy of the response received today from the Suffolk County Department of Planning in accordance with our referral under the Suffolk County Administrative Code requirements. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure COUNTY OF SUFFOLK • (9 PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING LEE E. KOPPELMAN DIRECTOR OF PLANNING January 5, 1989 Mr. Gerard Goehringer, Chairman Town of Southold Zoning Board of Appeals Main Road Southold, New York 11971 Re: Application of "David Walker/Turtle Associates" (113708) Town of Southold (SD-88-36) Dear Mr. Goehringer: Pursuant to the requirements of Sections A14-14 to 23 of the Suffolk County Administrative Code, the Suffolk County Planning Commission on January 4, 1989, reviewed the above captioned application and after due study and deliberation Resolved to disapprove it because of the following reasons: 1. It would only tend to undermine the effectiveness of the zoning ordinance; 2. It is inconsistent with the prevailing lot size pattern in the surrounding area; 3. It would tend to establish a precedent for the continuance of such undersized lots in the locale; and, 4. Sufficient information has not been submitted to demonstrate compliance with an applicable variance criteria. Very truly yours, Lee E. Koppelman Director of Planning —2 -I_ceD Gerald Newman Chief Planner GGN:mb VETERANS MEMORIAL HIGHWAY HAUPPAUGE, L.I., NEW YORK 11766 15161360-5192 ��g�FFO(l��oG • • - o , 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. Pursuant to Article XIII of the Suffolk County Charter , the Board of Appeals of the Town of Southold , New York , hereby refers the following to the Suffolk County Planning Commission : XX Variance from the Zoning Code , Articleili , Section 100-31 Variance from Determination of Southold Town Building Inspector Special Exception , Article Section Special Permit Appeal No . : 3708 Applicant : David Walker/Turtle Associates Location of Affected Land : 1300 Marratooka Lane, Mattituck, NY County Tax Map Item No . : 1000- 115-3-18 . 3 Within 500 feet of: Town or Village Boundary Line xx Body of Water (Bay , Sound or Estuary ) State or County Road , Parkway , Highway , Thruway Boundary of Existing or Proposed County , State or Federally Owned Land Boundary of Existing or Proposed County , State or Federal Park or Other Recreation Area Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines , or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport . COMMENTS : Applicant is requestingapproval of xt�P narc-P1 as p+xi sts with .jnqiiffirient lot area and width having been set-off without Planning Board approval Copies of Town file and related documents enclosed for your review, Dated : December 1, 1988 ��5VFF0(/r��G • o <. 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. November 30, 1988 J. Kevin McLaughlin, Esq. 828 Front Street, Box 803 Greenport, NY 11944 Re: Appl. No. 3708 - Walker/Turtle Associates (Variances) Dear Kevin: Transmitted for your records in the above matter is a copy of the official findings and determination recently rendered by the Board of Appeals at our Special Meeting held on Novem- ber 16, 1988. Yours very truly, JOSEPH H. SAWICKI CHAIRMAN PRO TEM By Linda Kowalski Enclosure Copies of Decision to: Charles R. Cuddy, Esq. Gary Flanner Olsen, Esq. Office of the Planning Board Office of the Building Inspectors Suffolk County Plannipg Commission N.Y.E.T.U.Form 8002.1-73-70M—Bugain and sale Deed,with Covenant against Grantor's Acts-individual w Cotpotation.(Siogk sheet) CONNRT YOUR LAWYM&RE $HONING THIS IMM"Off gi own SM Il"BE USM BY LAWYERS OMLY. LI9EF 8122 212 / °12 I &ec S� .0 THIS INDEMURE,made the 6 day of October nineteen hundred and seventy—six, 1dlti�,ct, BETWEEN ROBERT E. REHM, residing at Marratooka Lane (no street number), Mattituck, New York, , l� party of the first part, and ELAINE E. CUDDY, residing at Marratooka Lane (no street number), Mattituck, New York, party of the second part, ry WrfNES31ETK that the party of the first part,in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs (� or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, situate, lying and being W at Mattituck, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows : to BEGINNING at a monument located on the westerly line of Marratooka 110 Lane distant 601.47 feet southerly (as measured along thewesterly line of Marratooka Lane) from the corner formed by the intersection of the southerly line of Sunset Avenue with the westerly line of Marratooka Lane; RUNNING THENCE along the westerly line of Marratooka Lane, Y South 1 degree 25 minutes 30 seconds West 75. 50 feet to land of Cuddy; THENCE along said last mentioned land, North 78 degrees 02 minutes 10 seconds West, 396. 00 feet to Marratooka Lake; Ye THENCE along the waters of Marratooka Lake on a tie line course bearing North 21 degrees 01 minute 20 seconds East, 55. 94 feet to the southerly line of land now or formerly of Robert Rehm; THENCE along said last mentioned land, South 80 degrees 56 minutes 50 seconds East, 373.87 feet to the westerly line of Marratooka Lane at the point or place of BEGINNING. TOGETHER with all the right, title and interest of the party of the firg� ep gf, in and to Marratooka Lake as it adjoins said premises TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anythit,g whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to he applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WffNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written. r on: � E l_ 1 toMCOVED u c ; REAL E:51ATi: W ryluc�x�� J�StateOf OCT 14' 1976 No. Exvm' TRANSFER 5i1FFYJLiCTAX COUWY STATE OF NEW YORK,COUNTY OF SS: STATE OF NEW YORK, COUNTY OF OR the day of 19 before me On the day of 19 before me personally came personally came to me known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with say that he resides at No. whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he is the of that he knows the corporation described in and which executed the foregoing instrument; that he to be the individual knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; to said instrument is such corporate seal; that it was so that he, said subscribing witness, was present and saw affixed by order of the board of directors of said corpora- execute the same; and that he, said witness, tion, and that he signed h name thereto by like order. at the same time subscribed h name as witness thereto. bargain ant opale �Deeb SECTION WI I II COVENANT AGAINST GRANTOR'S Ac IS TITLE No. BLOCK LOT ROBERT E. REHM COUNTY OR TOWN TO ELAINE E. CUDDY Recorded At Request of The Title Guarantee Company E RETURN BY MAIL TO: 1 STANDARD FORM OF NEW YORK BOARD OF MU UNDERWRITERS F ntN.bNF.e b, Tooker, Tooker & Esseks, Esqs. JJr TITLE GUARANTEE- 108 East Main Street ; NEWYORK P. 0. Box 268 Riverhead, New York Zip No.11901 ATICOR COMPANY r W \VLL `VO 'r c �io W 1'r�IOJ 1Il���O$ �6 J kii3lJ ;t� � b31S31 91F H.1 us I hl 1�0 � k N f W > lJdl]tliiJ�cI N.�.w. N I4: • 1 O I,��' S' 2i cti STATE OF NEW YORK) ) ss. : COUNTY OF SUFFOLK) I , the undersigned, an attorney admitted to practice in the courts of New York State, certify that the within executor 's deed has been compared by me with the original and found to be a true and complete copy. I affirm that the foregoing statement is true, under the penalties of perjury. Dated : October 26th, 1988 ac �__ CHARL ,ER. DD --- - - - - r �I�c6�c LIMSouthold Town Board of A PP eals Ol r�0� 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. November 1 , 1988 Dear Board Members: Attached is the 11-page Transcript of Hearing in the Matter of Walker/Turtle Associates. Since Joe and/or Serge will be needed to vote on this application, please stop by or call for an update of the file material. This matter will be calendared for November 16th to determine whether the public hearing should be continued for further questioning or officially concluded at that time. Thanks. Linda TRANSCRIPT OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS OCTOBER 26, 1988 REGULAR MEETING Appl. No. 3708 Matter of DAVID WALKER/TURTLE ASSOCIATES Request for Variances to the Zoning Ordinance, Article III, Section 100-31, for approval of parcel as exists with insuffi- cientlot area and width and more particularly described in Deed at Liber 8721 page 433 dated October 25, 1979, having been set-off without Planning Board approval. Location of Property: 1300 Marratooka Lane, Mattituck, NY; County Tax Map District 1000, Section 115, Block 3, Lot 18. 3 (previously part of 18.2) . Present were: Chairman Gerard P. Goehringer, Charles Grigonis, Jr. and James Dinizio, Jr. , constituting a quorum of the five-member Board. (Absent were: Serge Doyen due to serious family illness, and Joseph H. Sawicki. ) Also present were: Linda Kowalski, Board Secretary, and approximately 28 persons in the audience (including Councilpersons Ruth Oliva and Ellen Larsen) . The Chairman read the Legal Notice of Hearing for the record and proceeded with the public hearing, as follows: CHAIRMAN GOEHRINGER: I have a copy of a map dated July 14, 1988 indicating Lot 18. 3 at 89. 50 feet on Marratooka Lane, approximately 373.87 feet on the south side, and variable on the north side, and 58 feet on Marratooka Lake. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Mr. McLaughlin, would you like to be heard? J. KEVIN McLAUGHLIN, ESQ. : Thank you, Mr. Chairman. If it may please the Board--I 'm here representing this evening, Turtle Associates, the contract vendees on a conditional contract to purchase from the current owner, David Walker. As the legal notice and I think as your file will reflect, the subject lot is a part of an originally larger lot that has in fact been ,Page 2 - Transcript* Hearing • Matter of WALKER/TURTLE ASSOCIATES Z.B.A. Regular Meeting - October 26, 1988 MR. McLAUGHLIN (continued) : subdivided by Mr. Walker, and one of the pieces sold to Lowells, who are adjoining landowners, and I believe one of the pieces sold to Mr. Cuddy. The remaining lot --the subject lot is approximately 25,000 sq. ft. , does have approximately 90 feet of road frontage, and is a very long, relatively narrow lot. We' re seeking tonight from you an area variance for relief from the Bulk Schedule for both width and area for this lot. I have with me a copy of the Tax Map for Section 115 that I had marked up, and basically, I ' ll hand it up to the Board. What it shows is that within half mile of the subject property there are well over 200 lots of approximately equal or smaller size as far as square footage, as to the subject lot, and I 'd like to hand that up to the Board at this point. (Marked copy of portion of Section 115 was submitted for the record. ) CHAIRMAN: Thank you. MR. McLAUGHLIN: As I said, it' s well over 200 lots in the general area that are of equal or even smaller size than is the lot on which we seek our variance. we do have practical difficulties here-- without this variance, this lot is basically an unusable lot for any type of improvement. There' s no other way of being able to improve this lot, but to obtain the variance that we seek. I don't feel that especially in light of the numerous lots in the area that are of similar size that the granting of this variance would possibly have any adverse impact on the neighborhood. The neighborhood as a general rule is of lots of substantially similar size that are certainly -- not all lots are of this size, but a large proportion of them are. And as I said before, we really don' t have any alternative that this lot is ever going to be utilized for anything other than as a vacant piece of property. We need the relief that we seek tonight. Thank you. I do have some of the people here tonight that are involved in Turtle Associates, and if the Board has any questions of either them or myself, I 'd be happy to answer them. CHAIRMAN: Thank you. Is there anybody else to speak in favor? (No one) . Anyone to speak against this application? CHARLES ZAHRA: Jerry, I want to speak. My name is Charlie Zahra. I don' t want to speak in favor or against. I just want to bring something up. I 'm no lawyer, so I don't want to use the term as a matter of law. But I would like to ask you a question. Do you hold a license with Bob Celic, a current license? CHAIRMAN: No. MR. ZAHRA: Do you sell real estate? Page 3 - Transcript* Hearing • Matter of WALKER/TURTLE ASSOCIATES Z.B.A. Regular Meeting - October 26, 1988 CHAIRMAN: No. My license was resigned to the Commissioner of Real Estate. And I 'm glad you brought this up, Charlie, because this particularly has an endearing effect upon me tonight, I happen to know all these people in Turtle Associates. As you can see, however, we have a minor little problem here tonight. We have one gentleman (member) in Florida, and we have one whose wife is terminally ill. And what has basically happened here was, I have been forced to officiate at this particular hearing. I had all intentions of asking Mr. McLaughlin if he had any objections to that, but the hearing could not continue if this was not the case. But to answer your question, upon my starting employment with the Commissioner of Real Estate, who at that time was Robert Skroy. He asked that I terminate my license. And the way I did that, the license is still in effect but it is held by one of the members of the Organization of which there are approximately 74 in the Suffolk County Department of Real Estate. These people are still all my friends. I have been with them, and I socialize with them at certain times, and I have no intentions of voting on this application. As early as this evening, I did mention to Mr. Grigonis at exactly 7: 27 that I had all intentions of asking him to run this meeting. And he asked me at that particular time that he felt that he really didn't want to, and I said to him, "Well I really have no problems running it. " So that's basically the reason why I 'm here and I didn' t ask Mr. McLaughlin mainly because I feel that that' s really my job and you really can' t get personalities into it. MR. ZAHRA: I didn' t mean it to be -- CHAIRMAN: No, no. That' s all right. My wife -- MR. ZAHRA: All I was looking to do was constructive criticism. I 've been on Town Board Meetings. I 've had matters brought before Judges that have had to step down because they were a member of the firm representing the other party. I 've seen George Penny give a disclosure on matters where he was supplying the town--not the town, the contractor with materials. I just thought it would be in the best interests of the Board - Southold Town, and the audience, if it were the fact that you had a license, that you would just make a disclosure. Not step aside. I realize that would be impossible. That' s all. CHAIRMAN: Yes. MR. ZAHRA: Thank you. CHAIRMAN: You' re welcome. All right, we' ll continue. Is there anybody else that would like to speak in favor of the application? Anybody to speak against the application? Yes, Mr. Cuddy. Page 4 - Transcriptle Hearing • Matter of WALKER/TURTLE ASSOCIATES Z.B.A. Regular Meeting - October 26, 1988 CHARLES R. CUDDY, ESQ. : My name is Charles Cuddy. I speak in opposition to the application for three people. My neighbor, Mrs. Woodhull; she' s one lot to the north of the Lowells, who own the lot immediately adjoining the subject one. I speak for my wife, Elaine Cuddy; she owns the lot immediately to the south of the subject lot. And together with myself, she owns the parcel upon which we both reside, which is the one to the south of that. I speak particularly because I was involved in the creation of the lot that' s the subject of this application. I was involved in 1976 with a former owner of the property, Robert Rehm. Mr. Rehm came to me -- and I would like to relay, if I may to the Board, the history of what happened. In 1976, in the Summer, he telephoned me. He said to me that there was a parcel between our houses that is entirely wooded on the road to the Lake, some 400 feet in depth, 50,000 square feet, give or take a few feet. That parcel was in an one-acre zone. It was entirely possible that that would be a parcel that would be developed. He said to me that in order to keep that as a separate buffer between both our houses, and both our houses are relatively close to the respective lines, that it would be a good idea if I would purchase part of it, and he would retain part of it, and our lives would be that much happier--which was very true. I was very happy to have the opportunity to do it, and I purchased it in my wife's name. When I say I purchased it in her name, she is in fact the owner of the parcel. We did that deliberately. We've never had a parcel until that time that we owned without a mortgage on it. Our house parcel is in both our names that has a mortgage, and we just kept it separate. And that was the reason we have it in her name as opposed to both our names. There came a point in time when I got the deed, which was in October of 1976. Mr. Rehm kept the other half of the parcel in his name. I would like to point out to the Board that the purpose of doing this was to keep both pieces, both one-half-acre parcels just as they were, and as they today are, 12 years later. Neither one of us, Mr. Rehm nor myself, had any intention of developing or using it for building purposes whatsoever. I would hope that the Board would keep it just as it is. I would point out, and like Mr. McLaughlin who believes that a lot of the lots in that area are half-acre lots, or less than an acre, that around the Lake that is not true. The lakefront is composed of lots that are at least an acre or bigger. One of the motivating factors for my keeping this half-acre as a buffer zone, was that in 1975, just prior to Page 5 - Transcriptdr Hearing • Matter of WALKER/TUE ASSOCIATES Z.B.A. Regular Meeting - October 26 , 1988 MR. CUDDY (continued) : this time, 14 acres of the lakefront were given to Nature Conservancy. And that' s just on the Main Road. The people' s name are Hagen. Another factor that I think is significant in keeping it as it is, is that the School, the Mattituck High School, owns a parcel that has been kept open and preserved for more than 30 years, and that is greater than an acre. That' s right on the Road. The third parcel that's preserved on that Lake is by the Mattituck Part District, and that' s across on an angle from the subject parcel tonight. The parcels on that Lake are not half-acre parcels. They're acre parcels. The Tax Map shows some of them as smaller because they were put together, but the use of those parcels as one unit, and they're all greater than an acre. I would like to go into -- I just relate this personal history because I think it' s important. What happened subsequent to Robert Rehm's breaking this property up. One parcel was conveyed to Elaine Cuddy. The price $17, 500. Mr. Rehm kept his parcel, and subsequently conveyed it to Mr. Walker for $12,000. Mr. Rehm got his parcel from the Estate of Marguerite Goldsmith, who owned the entire piece at one time. For $28,000. I have three deeds. I would like to put them all before you. Those are the three deeds I just mentioned. Mr. Rehm made no profit on this essentially. He paid $28,000 and three years later he got $29,500. There ' s no question, I think in my mind, that he wasn' t trying to make a profit. He was essentially saying, this is exactly what I 'm explaining to you, and that is that the two pieces were to be kept separate, they were not to be used for anything. He sold them on that basis. He sold the parcel that' s a half-acre in size in 1979 for $12,000 with lake frontage. That was not the going price at that time for usable property. It was not usable. It' s never intended that it would be usable. I never intend, so the audience will know, that my piece was to be built on. My wife' s piece. I would like to eventually put those three deeds into evidence. But I would like to do a little bit more. We' re here tonight asking the Board--I am--to oppose and deny an area variance, and I think you've got to have some proof before you that accords with the case of Wachsberger verses Michalis, which is the case that sets forth five standards that must be met in order to grant an area variance. , Page 6 - Transcript* Hearing • Matter of WALKER/TURTLE ASSOCIATES Z.B.A. Regular Meeting - October 26 , 1988 MR. CUDDY (continued) : The first standard is how substantial is the variance in relation to the request. In this case, you're being asked in a two-acre zone to take a piece of land that's 25,000 square feet and to endorse it as a buildable lot. That means that you have a 35% ratio between what' s going to be there and what the requirement is, which is 80,000 sq. ft. It' s much, much too small to grant an area variance. The second standard is the effect of the increased population density on governmental facilities. Here I guess it's a toss up question because you can either have one family or no family. I give the other side a half a point for that, but when we get all through, the points don' t add up on their favor. The next criteria is a substantial change in the character of the area or is there a substantial detriment to the adjoining property owner. This is a 60-ft. wide lot at its building point. If there' s a house put on this lot, these people, whoever they would be, would essentially be in the side yard of the Lowells, who are the people immediately to the north. You wouldn' t just have suburbia here--in fact you'd have city-life here because you have about a 10-ft. difference between the pool and the garage of the existing and the new house. It would just be wrong to do something like that. The fourth criteria is whether the difficulty can be obviated by some method other than a variance. I think in a few minutes Mr. Olsen is going to speak, but not to take something away from him, but I would point out to the Board that there are at least two possible purchases of the parcel - one are the Lowells to the north; the other the Cuddys to the south. Both of us have from time to time indicated we would be willing to purchase the parcel. I still am. As far as I know, the Lowells still are. This is not a man who is in desperate straits. But this is a person who now, in the form of Mr. Walker, has decided that he wants a windfall. And it' s unfortunate that he does, but that' s why I guess we're here tonight. Because what he is really asking the Board to do, is to take a lot that was created for the purpose of a buffer zone and change it now into a lot that can be used for a dwelling. And there' s really no basis at all to do it. • page 7 - Transcript* Hearing • Matter of WALKER/TURTLE ASSOCIATES Z.B.A. Regular Meeting - October 26 , 1988 MR. CUDDY (continued) : I would like to get to the last item, how the difficulty arose. And whether justice is served by allowing a variance. To proceed just a little further, with the thought that I last had, this is a person who created and participated in the creation of this bad lot--not because he himself created it, but because he sold off the adjoining property to the Lowells, and retained this parcel. And he knew, and I think Mr. Olsen will point out to you well that he knew, that at the very time he was selling to the Lowells to the north, this was not a good parcel to the south. In other words this half acre that we are now talking about, he was fully aware, and if not by the price, I think by the applications that were made to the Building Department. so there is virtually no criteria or a standard met by this application. I would also point out to the Board that, and I haven't heard it, but there' s apparently no indication of financial loss. And I 'm not talking about financial hardship. I 'm talking about financial loss. Under Cowan verses Kern, which is a New York Court of Appeals Case, you must have much more than just saying there is some financial harm. You must show that the price that was originally paid really put you in jeopardy at this point and having a terrific financial loss, and that' s not true. This is a man who bought this property at $12, 000. He could easily sell it to his neighbors, recoup his loss, and in fact I 'm sure, make a lot of money. There is no instance where I can think that this application merits this Board' s endorsement. If in fact you were to grant this application, I think to the Members of the Town Community, you would be saying, "Go out, create a lot from your existing lot, come in to the Zoning Board, ask the Zoning Board to endorse it, and then you'd get a building permit, and you can build on small lots. " This would go on indefinitely. It would be an amazing approach to zoning and building. I ask the Board for myself, my wife, and Mrs. Woodhull, to deny this application. CHAIRMAN: Thank you, Mr. Cuddy. Is there anybody else that would like to speak against the application? Mr. Olsen. GARY FLANNER OLSEN, ESQ: How are you. My name is Gary Olsen. I 'm an attorney having my offices at Main Road in Cutchogue, and I represent Mr. and Mrs. Jackson Lowell, who own the adjoining Page 8 - Transcript 0 Hearing • Matter of WALKER/TURTLE ASSOCIATES Z.B.A. Regular Meeting - October 26 , 1988 MR. OLSEN (continued) property to the subject premises on the north. Mr. Cuddy pretty much summarized what the Lowells feeling is. They certainly object strenuously to this application. They feel that none of the criteria that the Board must listen to in order to make a determination have been met by the presentation made on behalf of the applicant tonight. I also wish to point out that they have authorized me to speak to the Board and tell the Board that they are willing to purchase this vacant parcel as a nonbuildable lot. They understand that if they purchased it, it would not be buildable, and that it would merge with their existing parcel--which was the intention of the division by Robert Rehm in the beginning. So for what it's worth, if Mr. McLaughlin would like to contact me afterwards, I would be happy to sit down with him and try to work out something so that this parcel could be sold by Mr. Walker to Mr. and Mrs. Lowell. The other thing I would like to point out is that Mr. and Mrs. Lowell bought the house parcel to the north of the subject premises. They entered -- from Mr. and Mrs. Walker. They entered into a contract on July 7, 1986, and if the Board wishes, I can provide you with a copy of that contract. But my review of the Zoning Board file indicates that David Walker knew prior to July 7, 1986 that the lot was not buildable--that was the subject of this hearing. So he knew at the time that he conveyed the house parcel away that the lot wasn't buildable, and so I don' t see -- he has created his own hardship. Other than that I think that I ' ll just state that I agree with everything that Mr. Cuddy said and go on the record that Mr. and Mrs. Lowell are opposed to this application. CHAIRMAN: Thank you, Sir. Mr. Cuddy. MR. CUDDY: I just wanted to say -- I forgot initially, but I have no objection -- I think the objectants have much more at stake than the proponent of your officiating or your participating in this matter. CHAIRMAN: Thank you. Can I just ask you a question, Mr. Cuddy? As you know, we have been empowered at certain times to swear people in and very rarely do we swear attorneys that come before us at all times, and we haven' t sworn anybody in at this hearing. But I would like to ask you as if you were sworn in, did you at any time have any intentions or your wife of buildable on that particular parcel of property which now �' appears to be 18. 4, ok, and is in your wife' s name? ,Page 9 - Transcriptif Hearing • Matter of WALKER/TURTLE ASSOCIATES Z.B.A. Regular Meeting - October 26, 1988 MR. CUDDY: The answer is unequivocably no. We had no intentions originally. We have no intentions now. It never occurred to me until I saw this application that my neighbors, who would do otherwise and then sell it as one unit. When we sell at some time in the future, or when we die and it' s sold, I would anticipate that it would be sold as one unit, and that' s why I explained it was taken simply in her name because frankly at that time, it was the first piece of property we owned without a mortgage on it. And that's the only reason. But we do not, and I put on the record for the Town, for whoever wants to use it at any time in the future, that I have no interest in development, I do not intend to develop, my wife whom I speak for does not intend to develop it, and we never did. I also would ask you -- I have three deeds-- CHAIRMAN: Yes. Thank you. (Copies of three deeds: Liber 8721 cp 433 dated 10/25/79 from Rehm to Walker; Liber 8122 cp 212 dated 10/6/76 from Rehm to Cuddy; Liber 8045 cp 420 dated May 28 , 1976 from the Executors of the Estate of Marguerite W. Goldsmith to Rehm, were all submitted for the record. ) CHAIRMAN: Is there anything else -- Mr. McLaughlin, do you have anything in rebuttal? MR. McLAUGHLIN: Just very briefly. A couple of points. I think that the criteria that have been mentioned are in the cases cited are fairly accurate. I think the issues that were not directly spoken about are issues that the Board can take cognizance of themselves, the degree of the percentage of the area variance being requested and that sort of thing. I think we have provided you with sufficient evidence of no harm to the neighborhood. I think we have provided you with sufficient evidence that it' s not going to impose any hardship on any governmental facilities, and I think we have basically fulfilled all of the requirements that Mr. Cuddy mentioned. Concerning the lot and the potential for a house being built on it, as you can see, it is a long lot. I think there certainly is the ability to utilize that long lot to stagger any proposed house that would be placed upon it so as not to unduly interfere with --especially with the Lowells. I think that any house on that lot could be so situated that it would not be directly opposite where their house is, and in fact as Mr. Cuddy mentioned, their house is basically along with a swimmingpool right on or almost very close to the property line. Page 10 - Transcriptof Hearing • Matter of WALKER/TURTLE ASSOCIATES Z.B.A. Regular Meeting - October 26, 1988 MR. McLAUGHLIN (continued) : My understanding, and I say this basically upon information and belief without any personal knowledge, but it is my understanding from speaking to Mr. Walker' s attorneys, that in fact when the Lowells purchased their property that portion of Mr. Walker' s property that is improved with a house, they were in fact offered this parcel as part of that purchase, and at that time, chose not to accept that offer. And it' s my understanding that is one of the reasons Mr. Walker has attempted to sell it otherwise. Now at this point, people are coming forward and saying, "Yes, we' re interested, " but in fact the attorneys for Mr. Walker said this property was offered to them in the past and was not accepted. Thank you. CHAIRMAN: Anything else, gentlemen, in rebuttal? Mr. Olsen. MR. OLSEN: I 'm not privy to all the conversations that took place when my client was purchasing the house parcel from the Walkers; however, it' s my understanding that they were told that the parcel was a valid building lot. And of course the price that, if there was a conversation I wasn' t a party to it. If there was a conversation, it was based upon the fact that it was a valid building lot when in fact on May 21, 1986, there was a Notice of Disapproval from the Building Department on this piece, and my clients entered into a contract to purchase the house parcel on July 7, 1986, so Mr. Walker knew darned well at the time that this was not a buildable piece, and if my clients were not willing at that time to pick it up, then he shouldn't have sold the house to them. He should have waited until he could sell the whole kit and boodle to somebody that was willing to pay whatever price he was looking for at the time. I 'm saying now that they are willing and they've told me to purchase this vacant parcel. Obviously, the price isn't going to be what it would be if it' s a buildable lot. They would buy it strictly as a buffer, just like the Cuddys did and quite frankly, I don' t think Mr. Walker ought to make a profit on it just like Mr. Rehm didn' t make a profit. He sold it for what it cost plus $1500 extra for closing expenses--that's the way it looks to me. And I have a feeling that he knew darned well when he took the lot in his name alone that he knew it wasn' t buildable at the time. And he knew it when he entered into the Contract that it wasn't buildable. With the Lowells. And if he knew, he shouldn't have signed the Contract. And also if you look at the Tax Map, there' s no question that this lot--this narrow lot--is not in keeping with the general size, shape and area of the other lots on that Lake. It just isn' t. Thank you. CHAIRMAN: Thank you, Sir. Page 11 - Transcripaf Hearing • Matter of WALKER/TURTLE ASSOCIATES Z.B.A. Regular Meeting - October 26 , 1988 MR. CHAIRMAN: Now I have a problem, gentlemen, and maybe you can all help me with it. And my problem is that we have two Board Members here that will vote on this application as I mentioned before in the discussion with Mr. Zahra, I will not be voting on this application. However, in fairness to the two Board Members who are not here, I 'm going to suggest that we recess this hearing and close it with no verbal testimony at our Special Meeting on the 16th of November. And it will be at that particular time that there will be a full vote to close the hearing, or at least three members other than myself to close it. And if those particular members who are not here have any respective questions concerning this hearing, then they can either vote to continue the hearing until December 1st, which is our regularly-scheduled (open hearings) meeting or close it on the 16th. So I think in all fairness to those two gentlemen, that' s what I ' ll do. And if anybody has any objection to that, we' ll do that at this particular time. SECRETARY: And you won' t accept any written testimony? CHAIRMAN: No written testimony. No written or oral, other than the fact that this hearing was held and they basically will be filled in by the other two Board Members what occurred at the hearing because I don' t think the transcript will be done by -- SECRETARY: Yes it will be done. CHAIRMAN: It will. Ok, great. Then they can read the transcript and make a determination if they want to close the hearing at that particular time. And I think that's the best way to deal with the situation here. As I said if it wasn't for the fact that one is out of State and the other one has a very severe health problem with his wife, which is terminal, and I were voting on it, then I would continue this situation right now--I 'm sorry, not continue it and close it at this time. Since that is the situation, I think we' ll wait until the 16th when at least both or one of the other Board Members will be back. So hearing no further comment, I ' ll make a motion carrying or reserving this particular hearing over until the 16th of November, which is a Special Meeting, and you are welcome to call our office that day or the day before to find out exactly what the time is, we usually meet at 7: 00 in the Town Hall, and we' ll probably be sitting right down here at the table, which will be moved out in the center and at that particular time-- it will be up to the Board Members what they want to do. So I ' ll offer that as a resolution, gentlemen. MEMBER GRIGONIS: I ' ll second that. CHAIRMAN: Thank you all very much for coming in and thank you for your courtesy. Re pectfu ll ubmitted, `"Linda Kowa ki, Board Secretary//Fk Southold Town Board of Appeals 1 t �• IIP 41 N.Y.2d 591 COWAN v. KERN 5(9 I %{. Cite as 394 N.Y.5.2d 579 ; ax 363 N.E.2d 305 parcel of land which he had purchased at 41 N.Y.2d 591 -. r. tax sale. CPLR 7801 et seq. �In the Matter of Randolph COWAN, Respondent, 3. Zoning x536 I I �. Before zoning authority- is required to explain why public health and welfare re- ( ' Roy M. KERS et al., Constituting the quires adherence to zoning standard, appli- } Zoning Board of Appeals of the Town cant for variance must first come forward of Smithtown, Appellants. with proof of significant economic injury. r_ Court of Appeals of New York. 4, Zoning *-493 s April 5, 1977. In calculating whether financial hard- } ship to landowner would be inflicted by Landowner petitioned pursuant to Ar- adherence to zoning standard, inquiry { { ticle 78 to annul a zoning board of appeals' should properly focus upon value of parcel j denial of his application for an area vari- as presently zoned, rather than upon value ance. The Supreme Court, Suffolk County, that parcel would have if variance was s Charles R. Thom, J., dismissed, but the Su' granted. preme-Court, appellate Division, 51 A.D.2d 5. Zoning *�544 569, 378 N.Y.S.2d 746, reversed that order. Board appealed. The Court of Appeals, Ja- absent proof t x what landowner PP paid for property at tax sale, there was no sen, J., held that: (1) the petitioner failed predicate which would support finding of to establish a claim of discrimination in the economic hardship in requiring landowner denial of his application for an area vari- to adhere to zoning ordinance. " + ance to permit construction of a residence on a substandard parcel of land, and (2) 6. Zoning 0=497 absent proof of what the landowner paid While fact that any financial hardship for the property at a tax sale, there was no to landowner was self-imposed does not pre- predicate which would support a finding of Fent zoning board of appeals from granting economic hardship in requiring the land- variance in proper exercise of its discretion, owner to adhere to the zoning ordinance. existence of self-created hardship does not Appellate Division order reversed. entitle landowner to demand variance. Gabrielli, J., filed a dissenting opinion 7. Zoning X353 t in which Cooke, J., joined. Absent arbitrariness, it is for locally selected and local] responsible officials to { 1. Zoning X491 y res P I determine where the public interest in zon- Mere fact that one property owner is ing lies. ' { denied variance chile others similarly situ- j ated are granted variances does not, in it- S. Zoning 3,602 { self, suffice to establish that difference in Where there is rational basis for local { •;' result is due either to impermissible dis- zoning decision, that decision should be sus- crimination or to arbitrary action. tained by courts, and it matters not wheth- 2. Zoning X646 er, in close cases, court would have, or In Article 78 proceeding seeking to an- should have, decided matter differently. nul zoning board of appeals' denial of appli. 9. Zoning X602 cation for area variance, landowner failed Judicial responsibility is to review ion- to establish claim of discrimination in denial ing decisions, but not, absent proof of arbi- a' of his application for variance to permit trary and unreasonable action, to make F construction of residence on substandard them. its %e . if I 580 394 NEW YORK SUPPLEMENT, 2d SERIES 41 N.Y.2d 59 _L,vz _LDudley L. Lehman, Port Jefferson, for properties and that a residence on his prol appellants. erty would be in conformity with the cha, Sidney N. Gitelman, East Northport, for atter of the neighborhood. It was ak respondent. claimed that denial of the variance woul inflict "severe" economic hardship on th JASEN, Judge. landowner. The sole issue presented on this appeal is On June 25, 1974, the board conducted whether the Zoning Board of Appeals hearing Qn the Cowan application. TF s abused its discretion, as a matter of law, in landowner submitted proof tnat, oche 1 {i denying petitioner's application for a zoning parcels on his block, nine parcels either m, 3 variance. or exceeded the zoning requirements ar Z In January 1970, petitioner Randolph that eight others did not. With respect t Cowan purchased, at a tax sale, a substand- the eight substandard properties, two (tl and parcel of land in the Ronkonkoma Cowan property and one other) had not y, Heights section of the Town of Smithtown. been improved. Two substandard parte The parcel consists of three separate build- had been improved after the board hs ing lots and has a total land area of 7,500 granted requisite area variances. No et 4 ; square feet. The property- is located in an dente was introduced by petitioner to e "•R-10" residential zone which authorizes plain whether the remaining four improv, the construction of single-family residences but substandard properties were nonco on minimum plots of 10,000 square feet. forming uses constructed prior to the 19- The land was originally divided into build- zoning ordinance or had been the subject ing lots by a map filed in 1911 and the prior grants of variance or, finally, we j 10,000 square feet requirement was first constructed in plain violation of the zoni: imposed in 1949. In order to construct a ordinance. The landowner did produce . residence on the Cowan property, a vari- analysis of the entire neighborhood, inch � ! ance must be obtained to cover the total ing several nearby blocks, which indicat area deficiency, as well as deficiencies in that approximately 67% of the distinct p: the sizes of the proposed front and rear cels and approximately 77% of all the in yards. vidual building lots in the area conform t In January 1974, Cypress Homes, Inc., a to the zoning requirement. The applican builder and the prospective purchaser under expert appraiser testified that the value a contract of sale, applied for the necessary the real property, with the variance, wot variance asserting that the Cowan Parcel be approximately S7, 500. Without the %. a •; �! was the same size as other improved parcels ance, the landowner would be able to s on the same street. The Zoning Board of the nonbuildable plot to the owner of Appeals denied the application on February adjoining parcel for approximately 81.0. 51i 26, 1974 and the contract of sale was re- The landowner did not report the price scinded. paid for the property at the tax s. i S ,. The landowner, Cowan, then sought to Several persons appeared at the hear: obtain a building permit for the property, in opposition to the variance applicat. § i 't; but the request was denied on the ground The neighboring landowners testified that a variance had not been obtained. if Cowan were to build on his proper Thus, on May 24, 1974, Cowan applied di- there would be less than the 100-foot rectly to the board for the necessary vari- Cance between Cowan's cesspool and 4. ance. His application was based on much water wells, as required by the ordinal- the rdinalthe same contention as had been asserted in This testimony was rebutted to some aj the earlier application by the builder:, the by a letter from the Suffolk County' fact that others had built on similarly sized partment of Health to the effect that y'3 at N.Y.2d 595 COWAN v. KERN' 531 )_ Cite as 393 N.Y.S 2d 5579 ?? Cowan cesspool could be located the neces- granted the request for a hearing. The I ;t sary distance away from the neighboring petitioner submitted proof that, on Novem- e, wells and that any shortage in the distance ber 11, 1971, the board had granted area, between Cowan; well and the neighbors' front yard and rear yard variances to the cesspools could be compensated for by dig- owners of two parcels immediately adjoin- i ging the Cowan well deeper. Unrebutted, ing petitioner's. No other proof was put i however, was the testimony of one neighbor forward; instead, counsel for petitioner en- ' d>, that all of the houses on substandard plots, gaged in a lengthy oral argument. The _ save the two for which variances had been court denied the motion for renewal on the ! ; granted, had been constructed prior to the ground that the petitioner had failed to ' adoption of the 1949 area requirement. establish his claim of discrimination. The f Hence, it was established that four of the Appellate Division,with one Justice dissent- six improved but substandard parcels were ing, reversed the judgment of Special Term e nonconforming uses. and directed that the board grant petitioner On September 16, 1974, after the board a variance. (51 A.D.2d 569, 378 N.Y.S.2d ! E j� had failed to pass upon his application, 746.) Cowan commenced an article 78 proceeding On appeal, petitioner presents two sepa- I I I to compel the board to grant him a var- rate arguments in support of his claim for ante. At a regular meeting six days later, the variance. First, it is argued that the the board voted to deny the application, board, by granting variances to others Simi- The board found that the character of the larly situated while denting relief to the 194 neighborhoowas substantially in accord- petitioner, discriminated against him and, ante with the zoning requirements and that thereby, abused its authority. A second i the applicant had failed to establish unnec- and distinct contention is that the petitioner I essary hardship or practical difficulty. It had submitted ample proof that the applica- was noted that "the applicant did not testi- tion of the zoning ordinance to his property fy before the board as to what the loss of would result in economic hardship entitling value in the premises would have been to him to a variance. We conclude that the him, since it was not revealed what the record does not reveal either discrimination !� purchase price of the subject parcel was at or abuse of discretion. We would, there- the time applicant purchased same. There- fore, reverse the order of the Appellate T t fore, the board would also find that the Division and reinstate the judgment of Spe- testimony of applicant's expert witness is tial Term. FF incomplete and affords very little upon which this board can determine the loss in [11 As to the claim of discrimination, value to said applicant." the law is well settled that the mere fact 135 Special Term awarded judgment to the that one property owner is denied a vari- ance while others similarly situated are board and dismissed the article 78 proceed- ' ing. The court ruled that "where, as here, granted variances does not, in itself, suffice a substandard parcel of property is pur- to establish that the difference in result is chased at a tax sale, the purchaser thereof due either to impermissible discrimination cannot later claim that a denial of a vagi- or to arbitrary action. The controlling* ante for that property results in a severe principles were stated by Judge Lehman. economic hardship. The Court further with his usual eloquence, long ago. "The finds that petitioner has failed to demon- mere fact that consents were granted to strate that the character of the neighbor- owners of premises somewhat similarly sit- hood is substandard." Petitioner moved for uated does not in itself show that consent renewal of the article 78 proceeding and for was arbitrarily refused to this applicant. a hearing on the ground that the board had The question is not whether. someone else discriminated against him. The court has been favored. The question is whether a g 582 394 NEW YORK SUPPLEMENT, 2d SERIES 41 n.Y.2d 5 the petitioner has been illegally oppressed. different result. Having granted two vt Exercise of discretion in favor of one con- antes in the past, the board could prope fers no right upon another to demand the decide that additional variances would i same decision. Unlimited discretion vested pose too great a burden and strain on in an administrative board by ordinance is existing community. More importantly, not narrowed through its exercise. board, after three tears' reflection, cc The [board] may refuse to duplicate previ- find that previous awards had been a n ous error; it may change its views as to take that should not be again repeat what is for the best interests of the [town]; Certainly, the board was not bound to ) it may give weight to slight differences petuate earlier error. i which are not easily discernible. There are, Three additional factors are import: of course, extreme cases where analogy is Onlv two variances were awarded in so complete, where grant of consent under past and these applications were decides similar circumstances has been so frequent, the same time. The evidence showed t both before and after refusal in one in- the neighborhood, generally, was in c istance, that inference arises that the refus- formitygwith the ordinance and the of 1 al is the result of unfair discrimination and ions on this particular block were oppression. Especially is this true where exceptions ttvariance awards, but were ere strong reason is made out for granting the consent. In such case, perhaps, the courts prior to the adoption of the present zor may call upon the dispensing power to re- requirement. Thus, this is certainly not ( but such inference." (Matter of Larkin Co. extreme case where the board had con: u v. Schwab, 242 N.Y. 330, 336-337, 151 N.E. ently granted variances and issued built l' 637, 639; accord Matter of Crossroads Rec- permits to all in the neighborhood sat `' reation v. Broz, 4 N.Y.2d 39, 46-47, 172 few selected out for discriminator}- tr ? o ment. (See Matter of Ozoiins v. Horr. \.T.S._d 1?9, 134-135, 149 N.E...d 65, 68— t+ 69) ' A.D.2d 555, 270 N.Y.S.2d 1001.) Secor [2] Here, petitioner has shown only that the timing of the two variance grants sates that the awards were made or two variance applications were granted to individual basis viewed in the light of cc adjoining landowners in 1971. Although tions then prevailing in the commu I the board of health indicated that it was technically feasible to lay out water and Phrased another way, there s histo- l44 sewage facilities in a manner that would a consistently liberal board policy that l suddenly and dramatically changed to I not create an unsanitary condition, the zon- disadvantage of this petitioner. Thi ing board was certainly free to conclude I the board denied a variance to a bu that, after three years from the last rest- who sought to construct a residence or �r Ii dential construction, the area had become same parcel. This indicates that the t j too congested to permit further substand- af ? and development. The board could consider had changed its policy on variances the existence of several nonconforming uses before this petitioner applied for Thus, denial of his application was cor fin the same immediate vicinity, uses that, ent with the board's police with resile constitutionally, the board was powerless to this neighborhood. change. That the board had granted two F t variances in the past did not strap it to [3-5] Turning to the second gr grant variances to all comers in the future pressed by the petitioner—that the automatically and without due regard for abused its discretion in denying the ( Isse_Lchanged conditions that might require a ante—w-e find that the evidence sub<, { •The Appellate Division's statement to the effect is denied" (51 A.D.2d at p. 570, 37S NYS that a claim of discrimination is made out sim- p. 749), is in plain conflict Leith -star plc if"Tweedledee is granted, and Tweedledum principles and cannot be sustamed. ' i 7 Y 111 t! i I r 5 al N.Y.2d 598 COWAN v. KERN 583 Cite as 394 N.Y.S.2d 5579 ates the board's conclusion that the peti- interdictions of the zoning ordinance which0. tioner had failed to establish that the denial limited development." (Natter of the variance would result in the infliction of National Merritt v. Weist, supra, at p. � of either significant economic hardship or 444, 393 N.Y.S.2d, at p. 384, 361 N.E.2d, at '. practical difficulty. Before the zoning au- p, 1033.) Hence, economic loss, if there be thorit is required to explain why the public any, was self-inflicted and self-created. health and welfare requires adherence to While no proof of the purchase price has the zoningstandard, the petitioner must P been adduced, i[ is reasonable to assume ' first come forward with proof of significant that the price obtained by the County -of economic injury. (Flatter of National -Mer- Nassau at the sale reflected the value of ritt v. Weist, 41 N.Y.2d 438, 442, 445, 393 the property as restricted by the ordinance. N.Y.S.2d 319, 353, 355, 361 N.E.2d 1028, Hence, the granting of the variance would, 1032, 1033; see Conley v. Town of Brookha- like as not, result in a windfall to petitioner i Ft Bd ven Zoning . of Appeals, 40 N.Y2d 309, well above the minimal price paid at the 386 N.Y.S.2d 681, 353 N.E.2d 594.) The tax sale. While the fact that any financial � petitioner's only proof on the question of hardship was self-imposed does not prevent financial hardship was to the effect that if the board from granting the variance in a Ls97 thelvariance was granted the real property proper exercise of its discretion (Conley v. for building purposes would be worth ap- Town of Brookhaven Zoning Bd. of Ap proximately $1,500, whereas the real prop- peals, 40 N.Y.2d 309, 315, 386 N.Y.S.2d 681 erty was worth only approximately $1,000 684, 353 N.E.2d 594, 597, supra), the exist- , without the variance. However, in calcu- lating whether financial hardship would be ence of aself-created hardship does not I inflicted by adherence to the zoning stan- entitle the landowner to demand a variance. dard, the inquiry should properly focus (Natter of Nationa131erritt v. Weist,supra, 41 N.Y.2d, at p. 442, 393 N.Y.S.2d, at p. 383, upon the value of the parcel as presently 361 N.E.2d, at 1032.) ' zoned, rather than upon the value that the p. 1 parcel would have if the variance were One further comment is necessary. The " granted. (Natter of Douglaston Civic Assn. dissent places its primary reliance on the v. Galvin, 36 N.Y.2d 1, 9, 364 N.Y.S.2d 830, standard of review articulated in Natter of 836, 324 N.E.2d 317, 321.) Concededly, the Fulling v. Palumbo, 21 N.Y.2d 30, 33, 286 parcel, without the variance, has an eco- N.Y.S.2d 249, 251, 233 N.E.2d 272, 273. nomic value of at least $1,000. In the ab- Since 1967 when Fulling was decided, we Bence of proof as to what the petitioner have had numerous occasions to both clarify paid for the property at the tax sale, there and modify much of its admittedly broad ' is no predicate which would support a find- language. (E. g., Natter of National Mer- ing of economic hardship in requiring the ritt v. Weist, supra,41 N.Y.2d, at PA9AZ 393 baa petitioner to adhere to the zoning ordi- N.Y.S.2d, at p. 383, 361 N.E.2d, at p. 1031; 3 nance. Thus, the petitioner failed to prove Conley v. Town of Brookhaven Zoning Bd. t that the property will not yield a reasonable of Appeals, supra; Natter of Overhill Bldg. } I return if the area standard restrictions are Co. v. Delany, 28 V.Y.2d 449, 455, 322 V.Y. imposed." (Natter of National Merritt v. S,2d 696, 700, 271 N.E.2d 537, 540; Matter Weist, supra, 41 N.Y.2d, at p. 442. 393 V.Y. of 113 Hillside Ave. Corp. v. Zaino, 27 S.2d, at p. 383, 361 N.E.2d, at p. 1031.) V,Y2d 258, 261-262,317 N.Y.S.2d 305,306- [6] Moreover, the manner in which peti- 307, 265 N.E.2d 733, 734-735.) The present ! tioner acquired the property, by purchase at dispute simply involves a challenge to the a tax sale, indicates that any hardship was rationality of an administrative decision. willingly assumed. In view of the tax sale The petitioner does not challenge the con- i purchase, the petitioner, an attorney, is cer- stitutionality of the zoning ordinance as tainly "chargeable with knowledge of the applied to his property. In this circum- IIii i 584 394 NEW YORK SUPPLEMENT, 2d SERIES 41 N.Y.2d 596 stance, it would be inappropriate to apply discretion. (Matter of Fulling v. Palumbo, constitutional criteria (see, e. g., Matter of 21 N.Y.2d 30, 32, 286 N.Y.S.2d 249, 250, 233 I Grimpel Assoc. v. Cohalan, 41 N.Y.2d 431, N.E.2d 272, 273; Matter of Lemir Realty i 393 N.Y.S.2d 373,361 N.E.2d 1022; McGow- Corp. v. Larkin, 11 N.Y.2d 20, 24, 226 N.Y. an v. Cohalan, 41 N.Y.2d 434, 393 N.Y.S.2d S.2d 374, 181 K.E.2d 402) Phrased another 376, 361 N.E.2d 1025) in lieu of the tradi- way, the determination of the responsible tional standard applicable to the judicial officials in the affected community will be review of all kinds of administrative deter- sustained if it has a rational basis and is minations. Even the Fulling case recog- supported by substantial evidence in the nized the limited nature of the judicial scru- record. (Matter of Wilcox v.Zoning Bd. of tiny of local zoning decisions. Notwith- Appeals of City of Yonkers, 17 N.Y.2d 249, standing the broader sweep of the opinion, 255, 270 N.Y.S.2d 569, 572, 217 N.E.2d 633, the ultimate issue was stated to be whether 635, supra.)" (Conley v. Town of Brookha- "the Zoning Board of Appeals abused its ven Zoning Bd. of Appeals, 40 N.Y.2d 309, discretion, as a matter of law". (21 N.Y.2d, 314, 386 N.Y.S.2d 681, 683, 353 N.E.2d 594, at P. 32, 286 N.Y.S.2d, at p. 251, 233 N.E.2d, 597, supra.) at p. 273.) The dicta to which the dissent averts is not now, if it ever was,representa- 1[7-9] The crux of the matter is that the L599 tive of the state of the law. In fact, the responsibility for making zoning decisions cases which followed Fulling quite consist- has been committed primarily to quasi-leg- ently adhered to the traditional standard. islative, quasi-administrative boards com- (E. g., Matter of 113 Hillside Ave. Corp. v. posed of representatives from the local com- Zaino, 27 N.Y.2d 258, 261-262, 317 N.Y.S.2d munity. Local officials, generally, possess 305, 306-307, 265 N.E.2d 7.33, 734-735, su- the familiarity with local conditions neces- pra ; Matter of Overhill Bldg. Co. v. Dela- nary to make the often sensitive planning ny, 28 N.Y.2d 449, 454, 455, 322 N.Y.S.2d decisions which affect the development of i 696, 699-700, 271 N.E.2d 537, 540 541, su- their community. Absent arbitrariness, it 4 i pra ; see Matter of A'ational Merritt v. is for locally selected and locally- responsible I Weist,41 N.Y.2d 438, 442, 443, 393 N.Y.S.2d officials to determine where the public in- 379, 383-384, 361 N.E.2d 1028, 1031-1032, terest in zoning lies. (McGowan v. Cohalan, supra.) We have recently reiterated the 41 N.T.2d 434, 438, 393 N.Y.S.2d 376, 379, i, rule. 361 N.E.2d 1025, 1025, supra.) Judicial re- = "The oft-stated standard by which a re- view of local zoning decisions is limited: quest for an area variance is to be meas- not only in our court but in all courts. ured is whether strict compliance with the Where there is a rational basis for the local k zoning ordinance will result in practical dif- decision, that decision should be sustained. ! ficulties. (E.g., Matter of Wilcox v. Zoning It matters not whether, in close cases, a Bd. 1 ' . of Appeals of City of Yonkers, supra[17 court would have, or should have, decided ' 4 N.Y.2d 249, 270 N.Y.S.2d 569, 217 N.E.2d the matter differently. The judicial re- !! 6331; Matter of Pillage of Bronxville v. sponsibility is to review zoning decisions but _ Francis, 1 A.D.2d 236, 238, 150 N.Y.S.2d not absent proof of arbitrary and unreason- .4,' 906, 908, affd. 1 N.Y.2d 539, 153 N.Y.S.2d able action, to make them. Nothing in f 220, 135 N.E.2d 124; 2 Anderson, New York Matter of Fulling v. Palumbo,21 N.Y.2d 30, Zoning Law and Practice [2d ed.], §§ 18.32, 286 N.Y.S.2d 249, 233 N.E.2d 272, supra is 18.33, 18.40.) The local zoning boards have to the contrary. Here, the record does not ] discretion in considering applications for indicate that the zoning board acted in a j y wa 4variances and the judicial function is a lim- manner that was in an arbitrary,y ited one. The courts may set aside a zoning unreasonable, irrational or indicative of bad } F� board determination only where the record Faith. Its decision, therefore, should not i •.,-w ! reveals illegality, arbitrariness or abuse of have been disturbed. •1 Z 5 . , 11 tqtpr,III r�o- ..r ..... ti a .. . _ 3tr P^ 1 I ti a 41 N.Y.2d 601 COWAN v. KERN ` 585 Cite as 394 N.Y.S.2d 579 I I I ^ Accordingly, the order of the Appellate burden of going forward with proof that Division should be reversed and the judg- the restriction is reasonably related to a I I 4r r ment of Special Term reinstated. legitimate exercise of the zoning power is upon the municipality" (11atter of National GABRIELLI, Judge (dissenting). Merritt v. Weist, supra,41 N.Y.2d, at p.443, I respectfully dissent and vote to affirm 393 N.Y.S.2d, at p. 383, 361 N.E.2d, at p. I 3- the order of the Appellate Division. In this 1032). The proof of significant economic ^, case the petitioner seeks an area variance r - injury is met by demonstrating that the — �;— as distinguished from a use variance, and property will not yield a reasonable return, I I 4lt just recently this court stressed the impor- but there is no requirement that in an area Lance of this distinction "since, in the usual variance case the petitioner must prove I .I case, a use variance will have a greater what he paid for the property. In Matter ! i# impact on the community than an area vari- of Fulling v. Palumbo (supra) the proof ante which does not involve a use prohibit- demonstrated that Fulling had been offered I ' ed by the ordinance" (Matter of National $11,000 for his property by his two neigh- I I Iy Merritt v. Weist, 41 N.Y.2d 438, 441, 393 bors but with an area variance he could N.Y.S.2d 379, 382, 361 N.E.2d 1028, 1031). obtain double that amount. This was An area variance does not alter the basic deemed sufficient to satisfy his burden of ; character and nature of the community in proving significant economic loss. In the the manner that a use variance does and, case before us Cowan demonstrated that I !) therefore, the courts have rationalized and without the variance his neighbor owning properly held that different standards of contiguous land, and who had objected to I , burden of proof are applicable (.Platter of the grant of the variance in this case= National Merritt v. Weist, supra). "The would purchase the property for $1,000 but difference in the level of proof is explained with the variance the value would rise to ll by the fact that, generally, an area variance $7,500. This, too, should be deemed suffi- will release a landowner from the duty to tient to sustain the burden of proof. The ! 1 moo followstrict letter of the zoning fact that Cowan purchased the property at II ordi- nance so that the land may be put to a a tax sale and failed to reveal the price paid permitted use. On the other hand, a use is not determinative here. To demonstrate, variance, if granted, will result in the use of if Cowan had paid in excess of $1,000 for ` land in a manner inconsistent with the basic the property, clearly the denial of the area character of the neighborhood" (Conley v. variance would result in economic hardship ; Town of Brookhaven Zoning Bd. of AP- because it would result in an actual finan- peals, 40 N.Y.2d 309, 313-314, 386 N.Y.S.2d cial loss. Likewise, if he paid less than ; ) 681, 683, 353 N.E.2d 594, 596). $1,000, a situation analogous to the facts in The petitioner has the burden of proving Fulling, he has still demonstrated economic that the imposition and application of an hardship because literal enforcement of the area standard will create significant eco- ordinance will cost him 86% of the value of nomic injury(flatter of Fulling v. Palumbo, his land (see 2 Anderson, New York Zoning 21 N.Y.2d 30, 286 N.Y.S.2d 249, 233 N.E.2d Law and Practice, § 18.40). Serious finan- 272) and once that proof is adduced "the tial injury need not be equated to actual 1. The ordinance requires an area of 10,000 ed a similar area variance. Obviously,the ordi- 1 square feet. Petitioner,desiring to erect a one- nance was calculated to maintain the essential family residence, requested an area reduction character of the neighborhood, which was resi- i F by reducing the front yard setback from 40 feet dential, and [here was no evidence that a grant to 37 feet and a backyard setback from 50 feet of the variance would defeat this purpose; and. to 38 feet. in fact, the proof established that a new house 2. It is of consuming interest to note that this on this lot would improve the neighborhood. 111 objecting neighbor had but recently been grant- 4 y I I � 586 394 NEW PORK SUPPLEMENT, 2d SERIES 41 N.Y.2d 601 i financial loss; a significant differential in decision of the board is silent on the issue of value may amount to a hardship even if the self-created hardship but even if it had owner paid nothing for the property. been considered, in view of the severity of The majority, citing Matter of Dougla- the economic loss, it would be insufficient ston Civic Assn. v. Galvin. 36 N.Y.2d 1, 9, to mandate denial of the variance. 364 N.Y.S.2d 830, 836, 324 N.E.2d 317, 321, Accordingly, the order of the Appellate holds that in determining financial hard- Division should be affirmed. ship, inquiry should focus on the value of the property as presently zoned, "rather BREITEL, C. J., and JONES, WACHT- than upon the value that the parcel would LER and FUCHSBERG, JJ., concur with have if the variance were granted" (p. 583 JASEN, J. of 394 N.Y.S.2d, p. 309 of 363 N.E.2d). Matter of Douglaston Civic Assn. involves a GABRIELLI, J., dents and votes to i use variance. The standard of proof in a affirm in a separate opinion in which use variance case must necessarily be more COOKE, J., concurs. stringent than in an area variance case Order reversed, with costs, and the judg- j i because the character of the community is ment of Supreme Court, Suffolk County, affected. On the other hand, proof of eco- reinstated. nomic injury, in the context of an area variance, need not be as restrictive since the over-all impact of relief is less burdensome o S REr NUM 9 ER s•STEM 'i on the community. The quantum of evi- dence necessary to satisfy the burden of i proof must be balanced with the public interest affected (see Matter of National 363 N.E.2d 312 l I Merritt v. lifeist, supra). Where the peti- 41 N.Y.2d 602 tioner shows that the value of the property DFI COMMUNICATIONS, INC., under the existing area restriction does not 1- Respondent, yield a reasonable return as compared to the value of the property with an area V. _ Cut variance, the burden of proof of economic Sanford GREENBERG, Appellant. injury has been met. Economic injury- does not, of course,end the matter. If there is a Court of Appeals of New York. legitimate purpose for the ordinance and it April 5, 1977. is reasonably related to the public health, 1 ` financial loss will be inadequate to justify �f granting the variance (3fatter of Overhill Corporation brought action to enforce J}t Bldg. Co. v. Delany, 28 N.Y.2d 449, 322 stock purchase agreement executed by indi- a j N.Y.S.2d 696, 271 N.E.2d 537). In this case, vidual defendant who counterclaimed for f;! + however, the board introduced insufficient , breach of employment agreement. The Su- t; "evidence", and indeed the record is sparse, preme Court, New York County, William if not totally lacking in evidence that deny- Mertens, J., entered a judgment in favor of y tl ing the variance would benefit the public corporation in connection with the purchase health and welfare. and employment agreement executed be t�t The fact that the financial hardship may tween parties and cross appeals were taken.- be self-imposed does not prevent the board The Supreme Court, Appellate Division, 51 � - .i from granting the variance (Conley v. Town A.D.2d 403, 381 N.Y.S.2d 880, affirmed and of Brookhaven Zoning Bd. of Appeals, so- an appeal was taken. The Court of Ap pra) but is one factor which may be peals, Gabrielli, J., held that the minutes of e weighed with the evidence before it. The board of directors meeting signed by cor?o- a s Fax v 1 k x WACHSBERGER v. MICHALIS 621 Cite as 191 S.S.S.2,1 d_l It is a sad commentary that an entire month of the court's time and energy has been devoted almost exclusively to the resolution of problems I IA. lP l which mature, intelligent parents should be able to work out themselves 4: for the sake of their children. The parties are cautioned to make every effort to abide by the terms of the order to be entered hereon, both in letter and in spirit and to avoid t: { at all costs any further litigation. .all motions upon which decision was reserved are denied. Settle order forthwith. .t i Application of Sidney and Belle WACHSBERGER, Petitioners, For an Order Pursuant to Article 78 of the Civil Practice Act v. Walter G. MICHALIS, .l Charles Gregory, Kenneth Chave, and William Seiffert, constituting the i l ,s Board of Zoning Appeals of the Town of Hempstead, Respondents. Supreme Court, Special Term, Nassau County, Part L , [v' Sept. 2, 1959. I I t Proceeding on application for area variance. The board of zon- ing appeals denied variance and appeal was taken. The Supreme Court, f Special Term, Bernard S. \fever, J., held that where no evidence was presented to board of zoning appeals in hearing on application for area y variance whether difficulty could be obviated by some method, feasible for the applicant to pursue, other than the variance, and board's original tconsideration of the matter denying variance was based on improper 4 criteria, matter would be remanded to board for further proceedings. Remanded to board of zoning appeals for further proceedings. v 1. Municipal Corporations x621.17 A change of area may be granted in a zoning case on ground of � s� practical difficulties alone, without considering whether or not there is 3� an unnecessary hardship in absence of statutory provision to the con- trary. t Y 2. Municipal Corporations x621.17 k Under statute to effect that where there are practical difficulties - or unnecessary hardships in way of carrying out strict letter of zoning r' ordinances, board of appeals had power to vary or modify application y4 of any regulations or provisions of ordinance relating to use, construe- J l ;1 ,I i 622 191 NEW YORK SUPPLEMENT, 2d SERIES tion or alteration of buildings or structures or use of land, special hard- ship need not be established as a condition to granting an area variance. Town Law, � 267, subd. 3. S. Municipal Corporations x621.22 Y In determining whether area variance could be granted to permit owner of plot containing 11,53S square feet to build rico-family house although ordinance, nine days before owners took title, was changed to require a minimum of 12,000 square feet for a two-family house, board of zoning appeals should have considered how substantial the variation was in relation to the requirement, effect, if variance were al- lowed, of increased population density produced on available govern- mental facilities, whether a substantial change would be produced in ' character of neighborhood or a substantial detriment to adjoining prop- erties created, whether difficulty could be obviated by some method, feasible for applicant to pursue, other than a variance, and whether in view of manner in which difficulty arose and considering all above factors, interest of justice would be served by allowing the variance. Town Law, a 267, subd. 3. 4. Municipal Corporations x'621.57 Where no evidence was presented to board of zoning appeals in hearing on application for area variance whether difficulty could be ob- viated by some method, feasible for the applicant to pursue, other than the variance, and board's original consof the matter den}ing variance was based on improper criteria, matter would be remanded to board for further proceedings. Town Law, § 267, subd. 5. 5. Municipal Corporations x'621.47 Where visual inspection was made of property in connection with hearing before board of zoning appeals with respect to application for area variance, board's decision should set forth facts which would be' 1 ascertained upon such inspection and which would be relied upon to sup- port board's determination. Town Law, a 267, subd. 5. F Irving T. Berman, New York City, for petitioners. ' , John A. Morhous, Hempstead, Town Attorney, for respondents. t as Robert D. Bell, \\ antagh, of counsel. t , .;jer.tA�rc , BERNARD S. MEYER,R; Justice. I - .` This Article 78 proceeding is remanded to the Board of Zoning Apt' =1 r peals for further proceedings. According to the petition, petitioners r are husband and wife, ;S and 56 respectively, "semi-retired" and now residing in Far Rockaway. On August 22, 1957, they purchased the land in question in R'oodmere for $8,000 under a contract reciting r t << jt the premises were subject to zoning restrictions "which do not prohibit y i _s t _ WACHSBERGER v. MICHALIS 623 Cite as 191 S.F.S.^-d 621 the erection and maintenance of a one or two family dwelling". The r � ' seller had in 1933 obtained a re-zoning from Residence "B" to Residence "C". Residence "C" zoning permits one or two-family houses and in February, 1936, the seller was issued a permit to erect a two-famil-house 4c ' on the premises. The total area of the plot is 11,335 square feet, but in 1936 the Zoning Ordinance required only 1300 square feet per family-, I 1111 Z, t. or a total of 3000 square feet for a two-family- house. On August 13, 1937, nine days before petitioners tool: title, the ordinance was changed, effective September 9, 1937, to require a minimum of 12,000 square feet for a two-family house. Petitioners had no actual knowledge of the change until their application for a building permit was disapproved on April 10, 1939. Meanwhile, they had contracted for the construction of a $25,000 two-family dwelling. They then applied to the Board of Zoning Appeals for a variance and after a hearing the application was denied in a decision which recited that it was made "after due considera- j i it I tion of all the statements made to the Board, of evidence received and it the Board's inspection of the premises" and gave as the reason for denial '• '!�' It that, "The applicant has failed to show that the premises cannot be used for a one family dwelling. A grant would be contrary to the spirit and intent of the Ordinance". The papers submitted to the Board and in this l . i proceeding show that the house proposed to be erected would have the :1 4 outward appearance of a one family house, that the premises are ad- 1 _ joined on the west by two apartment houses,one of eighteen families,the other of twehe, and that on the south side of West Broadway diagonally opposite the premises are two two-family houses, one erected on a plot 3850 square feet in area and the other 3100 square feet. It is further y; stated in the petition, although not in the papers presented to the Board, !' ,i �", �; that additional footage cannot be acquired from the owners of land to the east and west. Nothing is said concerning acquisition of such foot- i11 r t e age from the owners of land to the north. i [1, 2) The application to the Board was grounded on unnecessary hardship and the reason given in its decision, as well as the arguments made in its brief, show that the Board was apph ing the rule of Otto v. Steinhilber, 282 N.Y. 71, 24 \.F.2d 831. This was error since what E is here invoked is not a change in use but in area, and the rule clearly is that, "A change of area may be granted on the ground of practical diffi- culties alone, without considering whether or not there is an unnecessary hardship. * * * in the absence of statutory provision to the con- trary, special hardship need not be established as a condition to granting an area variance". Village of Bronxville v. Francis, 1 A.D.2d 236, 130 .,f \.Y.S.2d 906, 909, affirmed with opinion 1 N.Y2d 839, 133 N.Y.S.2d ` e 220; Gapinski v. Zoning Board of Appeals of Town of Cheektowaga, zt 3 A.D.2d 976, 162 N.Y.S.2d 943, appeal dismissed on stipulation 3 V.Y. nt 2d 920, 167 N.Y.S2d 920; Siegel v. Lassiter, 6 A.D.2d 579, 177 N.Y.S. Y• 1 : 1 iA� 11111,1:1,111: 111111 1111 IS!IIIP I x 624 191 NEW YORK SUPPLEMENT, 2d SERIES S 2d 894. The statute here im olced, Town Law, y 267, subd. 3, is not .., ' to the contrary. It is phrased in the disjunctive, referring to "practical ` difficulties or unnecessary hardships". [3-5] No definition of "practical difficulties" has been laid down by s ordinance, statute, case law or teat book, although a zoning board was • r - ; ;..+t upheld in granting an area variance because of practical difficulty in Feldman y. Nassau Shores Estates, Inc., 12 Ylisc.2d 607, 172 N.Y. { _ 769, affirmed i A.D.2d iii, 181 N.Y.S.2d 79 and was ordered to grant `• e 1. such a variance because of practical difficulty in Gruen v. Simpson, Sup., 133 N.Y.S.2d 287, not officiall} reported, affirmed 3 A.D.2d 841, 161 �Vp f N.Y.S.2d 843 and Stadden v. Ylacauley, 12 Ylisc.2d 297, 178 N.Y.S.2d 934, affirmed 4 A.D.2d 704, 164 N.Y.S.2d 1004. Clearly, however, a two-family dwelling being a permitted use, the question to be determined A is whether "carrying out the strict letter" of that provision of the ofdi- '-k nance requiring a 12,000 square foot area for a two-family house created a practical difficulty that could, consistently with "the spirit of the ordinance" and the security of "public safety and welfare", be varied 4i. in order that "substantial justice [be] done". (Town Law, § 267, subd. j 5.) To that inquiry the question whether the property can be used for a one-family dwelling has only slight, if any, relevance. In its deter- mutation the Board should consider (1) how substantial the yanation is in relation to the requirement, (2) the effect, if the variance is allowed, of the increased population density thus produced on available govern- t-= mental facilities (fire, water, garbage and the like), (3) tyltether a sub- '` stantial change will be produced in the character of the neighborhood or a substantial detriment to adjoining properties created, (4) whether the difficulty can be obviated by some method, feasible for the applicant to pursue, other than a variance, and (5) whether in view 'of the manner in which the difficulty arose and considering all of the above factors the a. .�_•-, of justice will be served by allotying the variance. On all ex- interests e - cept item "4" the facts presented in the petition in this proceeding favor ` x the granting of the variance. Since, however, no evidence was pre- sented to the Board on item "4", and since the Board's original con- f sideration of the matter was based on improper criteria, the matter will be remanded to the Board for further proceedings. On such remand the attention of the Board is directed to the requirement that, since visual inspection was made of the property, its decision set forth the facts as- 5'. . certained upon such inspection which are relied upon to support the deter- mination (Gerling v. Board of Zoning Appeals of Town of Clay, 6 A.D. 2d 247, 176 N.Y.S.2d 87 1). _ Settle order on notice. iii`'✓z i' A .I I ••ra saaZ rn Z ez ZL I rJ/�� zv. > GPEEH YOPT H ,/ ;:tit- • 4' O z M rO t •`' P t, a-a v[ r s pA • r i uo r ss r�4 �„M m ie aaO za n Q p sww u a MARRATO,OKA M., U^��Y.[."K.f a" va •ins a�- +�'� as - • `0 A- rte, ' rw P I iu.w...n. v.•aa j`�M rF n �� Y z �M CAKE .. N — YO II O � = to-_ a>.I z41 �., •,✓ � • ��a ✓r• r. :Le a:r ua.M � 13 O M 'as . ✓� ..P` ^w • m aw � • F — n z ...°zn..a` ' .zssr z ;� O " , ' ;.• r; ` .ti E•E•^dam • © COUNTY OF SUFFOLK r••^^•SOUTHOLO Mrav'n _Real Property Tax Service Agency `^1Gt 0' 1 15 1000 Ro—A..d t 1.,H..Yed EEpIQtY MAI m� 1 ,W 11MAM5 -A20 \_� (emmt.OM,1F.Y mouse 110wa 11e1 aalaYre, - rlw IMIYOMI MNMY n YMY, l.F.ln OV THIS MIF.\TI RF.,--6- 6 28th-6r 1A May .uu.ar n Iwudll d I seventy SIX r aLlikKS SMUA A. WIASISO. residing at 560 Sunset Street, mattituck, New yW* 11952, and J. PAMR WICKphn. residing at (no number) Airway Drive. fattituck. Bev York 11952 A 11F L,, ..+R.nd ta+hment nA M aaeiemm of 3`t 4 Ma:gverite N. Goldsmith dwtr*7 PIM of as be Put.and y0MW R. FOEM. residing at Ino number) Nassau Point rtoad, Cutchogue, Sew York 11915 fry of dm owed Pot WITHRIMM ebM dr PRn,d the am P.M.b, vntne nl fl. I•wer..d.•It6no\tp,rn u....d br nw bo w$L�gd haps m.sn'k ewaal{Mq d ---- ,4aan. riry aSgbe tltotsaMd 1#28.000.00) the Pan)d the r.1md pee Jur.hrr.6\ V—'Md Tabor Uro The Iu11.d the sawed Vw, d. 6nr.w.......... u.i .••rtr1.,/dw nn. of It. .d ,,I w? krae. 111E 41Y anew pie pYxr w F'a*1 d bwl, mh rM 6nk/me.and,e7+'^'ae^e+grn..r1 n«t«1 -nu.rl "tmdbft HTr at Ilattituck, in the Town of Southold, County of Suffolk SMS State of New York. bounded and described es follow•, ialI;;DMIWG at a point set on the westerly line of Narrattwks 1�a fl ,.J7 fast northerly from it's intersection with the northerly Iu,, of Sew Saffolk Avenue; running thence an a line which Paaaes thrapn A ooncseta moment not aasr the shore of MarratookaY18.hporth 78 degrees 02 minutas 13 aeounds Meat 395 feet, to the eho[e/ ratooka 1ak*: running thence northerly by aa8 alom8 the abere line of Marratooka Labe 114 feat more or laser running thence South 82 degreas 00 aimwtee East 135 fast more or Is"; !teat* South 08 degrees 37 minute is second• tut 220.J feet to a Easfmamt an the westerly line of Marr*tooka Leal ttNsch9 thence along tie said westerly line of Marratooke Ian* @Sof 1 4eggve 22 minutes 20 seconds West 165.0 fast to the point or ri"a of M28RIM0. ss i w � e worm t♦ IOC MOR sib d{Igpe,sale sad dmew.d +n, d d6-Pan\ �#IM 61+pp.,nn a wd u. Mn Im.ek ed msd ebe•boled.MI6 IS w es•,wd,,.'Ranbw tlw,wd T(a'.FTHFA.nt,,I.afPlebe�k aatl ale s8 bs amain wbrl dr mad d,,,A o Md M de tw.ul Jn.,Jtw.dr.,h n w I Iw.wYu.sd FIs dw awe asmk,wit►He pry d,hr ant pot br w hr w..nee w dxp,w.s .tsar atbot eSA fie ti vase d edd.al a Manu n.. 3i1 HAVE A`'D TO H(MD t4 ple,...r.1.'Mu OWN 1 400 the Pony d The sewed Pat e4 brio 1n •...:ern n, mal.wet.d It.ten, ,•1 11,n....I Iwo,.a Y AND de dem\'d{hr ase PanUflYla, IIY1 nr tVw\ •e,kl Ing Pot Iw M.MYw 1 MdlwrJ n.w[ a'bawtT fie St plewr�les a M+, ...nd++w1 ,r.vly a.ahnv61 AND V-.pMry of the find noun.M awnnlm fir.\th%111.'n 1114 tM I x+ I A% river 16 tun\nl fir bw FE wa wai\e the lwwokrdM.ew 1M o..\,...w n un l,..H Ir JJ 16-..414, ..rd amboma wwt fled m he firs Iw,M plrryn„id ,.....c do adlsfiep.— of t4 and1d tM mqw ,n.+.,64.. 1111..g anl ryn d 0.tn.i 14 16 vn.M *R he spooled as if a mod-pare,, wive+—dr.n...a thn Imf.wlwr.1 mtun., w 'IftlMi".dr Fury d the 4M Paq be,dW e.n.ned rM nh.d dF 161 .,d fru 4t roue wdlm. A. M ra I • I ^fir er w.c F. >. x .s. s .1■ Qg ;� L S M } O S � Y O Y �s � r v _ s'xo3 -gT'do3 wwmm trots r e-u r�.rew/s.es.rttr.ltr..rce+^a�.ra c.w •••••"^"a.w«c.+e..asa�s.w.N+, asaawll ywerwwa�temstrwww�wt�a�tt—etesmtlsTnAatmn aftotapn tfmpar uwrmr elft S ae! • '+8721nu. mnlaen nundrtM end seventy-nine, s Umbdlfeeew me"we a, dev of October, y- �sewms ROBERT E. REM, residing at Woodcliff Drive Ino street number). AS yin Nlsttltuck, New York, —d M.mmt Pan.and DAVID C. WALXU, residing at Marratooka lane (no iH r 'OLO. street number), Mattituck, New York, •'1010 L fr- awry of Me second!Pan, g l a� �eN.asmM pwry d tM hrl pan,m conatdwlbn of Ten Dollars and dew rNu.da conwderatmn p,d In MatstpelMtmrM pen.dor n,eby warn and 1 unto the party d the second Mn.the hoes w auaawo's ted mgM M me pedy 01 the second pan loravw. ' 1 Matla.tdnatst pip o,wool of fatal,wlM then "-P tnare,l~ad.Wualctnngand me"M MS Town of Southold, .,nunty of Suffolk and State of New York, more particularly bounded and described as follows: r 58GIMIM ata point on the westerly side of Harratooka Lane at the 3� southeast corner of the herein described premises where the same is intersected by the northerly side of land new or formerly of Cuddy; said point also being distant 394.57 feet northerly as measured along the westerly aide of Marratooka lane from the corner formed by the intersection of the northerly side of New Suffolk Avenue with the _>N westerly side of Narratooka Lane; ewnnipg thence from said point of beginning along land now or formerly of Cuddy, first above mentioned, North 80 degrees 56 minutes 50 seconds Wast 373.87 feet to the man high Water mark of the Marratocka Lake; running thence along the mean high water mark of the Narratooka Lane. on a tie line North 17 degr •es 57 minutes East 57.51 feet to land now or formerly of Walker; 1\ running thence along said land the fnl]owinK two courses and distances: (1) South 82 degrees 00 minutes 00 seconds Fast 135 feet; (_) South 88 degrees 37 minutes 40 seconds East 220 feet to the west- ate, erly side of Herratooka Lane; t.^ running thence along the westerly side of Marratooka lane, South 1 degree 22 minutes 20 seconds West 89.50 feet to the point or place of 5Ef1MING. VjLflRCf to any state of facts an accurate survey may show. T to covenants, restrictions and agreements of record, if any- lose"epoch NI rghl,hlle and mtereat d any.of the pony o1 the Inst pan...ones io anv sheets and mads aoumrp My aPlrw dre•dwd t.,ermses to The venter ones Mowed.TealMr nah the appunenan,and au me estate and espies d Me cowry d me tpan m and to sad p amreea.ie owes ar.oM Me vroom"harnn granlsd uoo Ms We thehors or d Nt.e,ord pert the wccnwrs and.sago of the ppant of Mn samnd pati forever Aeaea pwry d tha hrw pan COWnaMa Ml IM party d the hest Dan has not done w wMerM anvMmq wner.or:ne e,d ple^was here Man.ncumpwad m any way settle',.as,e,n r aloraawd Asamepe yd"find pM.in cpmp.anc.serM Sedlos 13011".Lien Law.coven.nn that the p.rryol Me NO Pan we w.metre cemldetaon for Ma-onrarence and Visa hold the nght to tecwye Such conwdarlron as•true)ford Was spdmditlet ter the Mrpoae of Pang the coal Of Me improvemant and wnl apply the same firsl to dlde caw dome ImgrprwneM h tfo,'Who any Part of the idol of me same for arty dm,WDn40 The weld"pelt"ahli M toMttuad r d it read'pamw' rMenevw the aanr d 1"r..ndenture soeou.,r %A"seem Wbweaf.Me parry of the hrl pot has duty..touted IMs deed the day and roar f..sr enure rn.nw` . .5721 f1434 STATE O1"t VOM(.ewww OF SU"OIX at STATE OF NEW YORK.COUNT'OF Y .n j� un eM J S dtir d October, H79 Mfo:e InS on the Ory oanw Mh cmoo, ROBERT E. REIM personNh ante K,the efatate b t0,,That mdKduM dw.btid m and who fo me Mwn to M the indlv.dusl dtiwnMd:n u•n w Iu nsMM 00 Eef&" tint, and aeb:oM ed etecuad the fortieomp Instrument. and e<tnowbdped law he onspAp ' L CbeKl IDreIY NJN,tC.5.�rr fat.Ydt M f,'.eree"et9ee,fCewo Nw :d+w Meade le.te6p STATE OF NEW VOW 00LOM OF u STATE OF NEW YORK_COUNT Of On tNe dY of to be%,S ma, On the day of 19 O00" i^✓ Mertes uttw ptinw,Mh rame, w eat beaten,v^*.bwq by Nat duh Sworn.dr0 dap as add the w6Sv.t.. wrtnw to testi lorpwnp natlrument. wnn W der Iw rerdu woe whom I em pa..dMF,ticWti,nied who. Exnp M m,d"" s wn hd dpo a :M KV Intl M,"Wee M No In., he Know•. M neN des n.he the mNwdu+ M me Iorpwrun des,"bed O,dyad n end wno eKao,t In. td,nI,,n,, nanurratn: +. ,at.MNd,rterdad M mommurq,r:W„mtiw,deet he thM he sa,d wt a j,hnp wntnws was present end e al,ewdwaaMdeadeelewe. .dM ow eMwd to tied Kt�d w aKah a..p.M"0.Meta w�<eleeea a Indicatethe etitM. end They hs."Id wetness rrr of dse bawd of 0-da—d dap erparwW,. end at the Kama,heti whKu,iwd n ratrna,es wdntiw tne•e,a der Ra Mpp:ed N ewM dsetaee eY IY erdr. 510:00, MA Oak Inh elOCK Rw1 Ceeeant Aphtet OTodv'e Ades LOT CTTY OR TONN neal► __-._ ._. - - -- IXIUNT ROBERT E. REIM WIM TITLE�ti1tl SJRAWE Coycenro RETURN By t1Ae TO DAVID C. YALEER !70 sE. MCOf. Eeq. ast l In Street hoque. Net+ York 11772 erne. - br r •Tr'e. < O' ~ tn K O STATE OF NEW YORK) ) ss. . COUNTY OF SUFFOLK) I , the undersigned , an attorney admitted to practice in the courts of New York State, certify that the within executor 's deed has been compared by me with the original and found to be a true and complete copy. I affirm that the foregoing statement is true, under the penalties of perjury. Dated: October 26th , 1988 CHARLES R. U FORM NO.6 TOWN OFSOUTHOLD Building Department Town Hall Southold, N.Y. 11971 765 - 1802 APPLICATION FOR CERTIFICATE OF OCCUPANCY Instructions A. This application must be filled in typewriter OR ink, and submitted nvw �to the Building Inspec- tor with the following;for new buildings or new use: 1. Final survey of property with accurate location of all buildings, property lines, streets, and unusual natural or topographic features. 2. Final approval of Health Dept. of water supply and sewerage disposal—(S-9 form or equal). 3. Approval of electrical installation from Board of Fire Underwriters. 4. Commercial buildings, Industrial buildings, Multiple Residences and similar buildings and installa- tions, a certificate of Code compliance from the Architect or Engineer responsible for the building. 5. Submit Planning Board approval of completed site plan requirements where applicable. B. For existing buildings (prior to April 1957), Non-conforming uses, or buildings and "pre-existing" land uses: 1. Accurate survey of property showing all property lines, streets, buildings and unusual natural or topographic features. 2. Sworn statement of owner or previous owner as to use, occupancy and condition of buildings. 3. Date of any housing code or safety inspection of buildings or premises, or other pertinent informa- tion required to prepare a certificate. C. Fees: 1. Certificate of occupancy $5.00 2. Certificate of occupancy on pre-existing dwelling $15 . 00 3. Copy of certificate of occupancy $1.00 4 .Vacant Land C.O. $5 . 00 Date . . . . . . . . . . . . . . New Building . . . . . . . . . . . . . Old or Pre-existing Building . . . . . . . . . . . . Vacant Land . . . . . . . . . lieu ',/ / ,�� /-'Ln Location of Property ✓`^! Tf�/�4� .�46,`. , 1.T!� .SVG , , , , House No. �� Street Hamlet Owner or Owners of Property . . . !9?!� /fG��/� . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . County Tax Map No. 1000 Section . . fir! . . . . . . . Block . . . 0--3. . . . . . . . Lot . . . . . . . Subdivision . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . .Filed Map No. . ... . . . .Lot No. :—, . . . . . . . . Permit No. . . . . . . . . . . Date of Permit . . . . . . . . . .Applicant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Health Dept. Approval . . . . . . . . . . . . . . . . . . . . . . . .Labor Dept. Approval . . . . . . . . . . . . . . . . . . . . . . . . Underwriters Approval . . . . . . . . . . . . . . . . . . . . . . . .Planning Board Approval . . . . . . . . . . . . . . . . . . . . . . Request for Temporary Certificate . . . . . . . . . . . . . . . . . . . . .Final Certificate . . . . . . . . . . . . . . . . . . . . . . . Fee Submitted $ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Construction on above described building and p �Z �� codes and regulations. Applicant K. . Rev. 1010-78. . T� Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.1., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. RGRERT.j-B6UG6ASS JOSEPH H. SAWICKI James Dinizio, Jr. List of Mailings Hearings for October 26, 1988 Southold Town Board of Appeals Copies to the following on or about October 14, 1988: Mr. and Mrs. Frederick Heigl P.O. Box 32, Peconic, NY 11958 Mr. William Chamberlain (Re: Heigl) 22 Bowden Drive, Huntington Station, NY 11746 Horton Construction Co. Attention: Mr. Gerry L. Horton P.O. Box 1442, Mattituck, NY 11952 Mr. John G. Philippides 35 Avalon Road, Garden City, NY 11530 Mr. Charles Zahra and Mr. Raymond Nine 1830 Pike Street, Mattituck, NY 11952 Mr. and Mrs. Carl J. Nelson P.O. Box 373 , Greenport, NY 11944 Mr. and Mrs. William L. Schroeher (Re: Nelson) 525 Greenhill Lane, Box 608, Greenport, NY 11944 > a�i—P�RYlq ✓J. Kevin McLaughlin, Esq. 828 Front Street, Greenport, NY 11944 as Attorney for Marion Saccone as Attorney for Joseph A. Stocken vfls Attorney for Turtle Associates (David Walker) William D. Moore, Esq. Box 23 , Suite 3 , Mattituck, NY 11952 as Attorney for Mr. and Mrs. Robert Baker Legal Notice of Hearings for October 26 , 1988: Copies to the following on or about 10/14/88: Mr. and Mrs. Robert G. Baker 2900 Boisseau Avenue, Southold, NY 11971 Gary Flanner Olsen, Esq. (Re: Walker/Turtle Associates) as Attorney for Mr. and Mrs. J. Lowell Main Road, Box 706, Cutchogue, NY 11935 Mr. and Mrs. Jackson Lowell 1100 Marratooka Lane, Box 266, Mattituck, NY 11952 Mrs. Catherine Woodhull Marratooka Lane, Mattituck, NY 11952 Charles R. Cuddy, Esq. 180 Old Country Road, Box 1547 , Riverhead, NY 11901 L.I . Traveler-Watchman, Inc. (Official Town Newspaper) Suffolk Times, Inc. Town Clerk Bulletin Board ZBA Office Bulletin Board ZBA Chairman and Members with copies from file ZBA Individual Files LA- C= A- o Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 JUDITH T. TERRY TELEPHONE TOWN CLERK (516) 765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD February 1 , 1988 TO: Southold Town Zoning Board of Appeals FROM: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3708 application of Turtle Assocs. David C. Walker for a variance. Also included in notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department; survey of property; and any other attachments relative rela�tive�to this application. � %r�� vvas Judith T. Terry Southold Town Clerk Y CL- z cr�v fcit Uu'� Mr. & Mrs. Jackson Lowell 1100 Marratooka Lane F O . ZG6 Mattituck, N.Y. 11952 To The Board of Appeals Town of Southhold January 22, 1988 Re: Petition of Turtle Associates We Mr. & Mrs. J. Lowell of 1100 Marratooka Lane have received a certified letter (as adjacent property owners) from Mr. J. Kevin McLaughlin attorney at law, representing Turtle Assoc., Mr. David Walker, owner. We bought the property we now own from the same Mr. & Mrs. David Walker in September of 1986 - at that time the adjoining property in 'question was also up for sale, represented as a legal building lot, for $42,000.00. We indicated our interest in buying it and asked and received from Mr. & Mrs. Walker a promise of first refusal for the property. We heard nothing from the Walkers for the next four months. We then received a note from Mr. Walker taped to our door asking us to contact him if we were still interested in the adjoining property. We did contact him and he asked us to make an offer for the property. We did not make an immediate offer as we did not know what the property was worth. We had looked up the status of the property in question and found that it was not shown on any record that could be found as a legal building lot. We are willing to buy it as additional property and keep it in its natural state. We feel that building on this long, narrow strip would constitute overcrowding, especially as it is directly on Marratooka lake. We are opposed to it for both environmental reasons and reasons of self-interest, as jamming a house on this narrow property would only act as a detriment to the character and property -1- values of the area surrounding Marratooka Lake. Just as the Walkers, who lived here many years, did not want a building jammed up against them, we ask that no building variance be allowed now. Yours truly, ;i Eunice & Jackson Lowell -2- GARY FLANNER OLSEN COUNSELLOR AT LAW P. O. BOX 706 MAIN ROAD CUTCHOGUE, LONG ISLAND, NEW YORK 11935 • PHONE 516 734-7666 February 5, 1988 Re: Walker to Lowell Our File IN 4409 Dear Mr. and Mrs- Lowell : Enclosed please find a letter addressed to me from Kevin Mc Laughlin dated February 4, 1988. Perhaps it would be best if you and Mr. Walker negotiate the purchase of this lot between yourselves and if you reach a meeting of the minds then contact my office for the appropriate contracts, etc. I� Very truly yours, GARY ANNE OLSEN GFO: Imm Enclosure Mr. and Mrs. Jackson Lowell 1100 Marratooka Lane Mattituck, NY 11952 Of A: .� ATTORNEY AT LA 828 FRONT STREET.P.O.BOX 803 GREENPORT.NY 11944 (516)477.1016 February 4 , 1988 Gary Flanner Olsen, Esq. PO Box 706 Cutchogue, NY 11935 RE: Walker to Lowell Dear Gary, Please be advised that I have discussed the contents of your letter to me dated January 29 , 1988 , with my clients. They would be willing to entertain any offer which the Lowells wish to make. We would be looking for an all cash deal with the purchasers accepting the property in its present status. Very truly you s J Kevin McLau li JKM/lmt GARY FLANNER OLSEN COUNSELLOR AT LAW P. O. BOX 706 • MAIN ROAD • CUTCHOGUE, LONG ISLAND, NEW YORK 11935 • PHONE 516 734-7666 January 29, 1988 Re: Walker to Lowell Our File # 4409 Dear Kevin: I received a phone call from Mrs. Lowell who indicated that she would be interested in purchasing the Walker lot and has requested me to inquire with you as to whether or not it is available to purchase and the price, terms, etc. Let this also confirm that when you have the date of the public hearing you will contact my office before hand. Very truly yours, GARY FLANNER OLSEN GFO: Imm J. Kevin McLaughlin, Esq. 828 Front Street P. 0. Box 803 Greenport, NY 11944 cc: Jackson and Eunice Lowell 210 East 36th Street New York, NY 10016 GARY FLANNER OLSEN COUNSELLOR AT LAW P. O. BOX 706 • MAIN ROAD • CUTCHOGUE, LONG ISLAND, NEW YORK 11935 • PHONE $16 734-7666 .._ January 29, 1988 Re: Walker to Lowell File #4409 Dear Mr. and Mrs. Lowell : Please be advised that I have been in contact with Kevin McLaughlin, attorney for Walker (Turtle Associates) in connection with the above Zoning Board matter. The nature of his application is to have the town approve Mr. Walker' sllot as a valid building parcel for the construction of a single family residence since apparently at one time this lot had been "Set Off" without Planning Board Approval. Mr. McLaughlin does not know when the public hearing will take place but will advise me and I will relay the information to -you. He is of seeking an Access Variance under Section 28A since same is not re fired due to the fact that the property is located on a public road. Very truly ours, GA SEN GFO: Imm Jackson and Eunice Lowell 210 East 36th Street New York, NY 10016 i In the MzItter or the Petition TURTLE ASSOCIATES NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: v PROPERTY OWNER S I h; YOU ARE HER GIVEN NOTICE: g 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a Varianc (Special Exception) (Special Permit) (Other) [circle choice] `� 1 2. That the propertywhich is the subject of the Petition is located adjacent to your property and is des. j cribedasfollows: 1300 Marraboo 'a Lane, Mattituck, New York Tax Map No. 1000-115-03-18.3 - 3. That the property which is the subject of such Petition is located in the following zoning district: A Residential-Agriculture "1 4. That by such Petition, the undersigned will request the following relief: Article III Section 100-31 Bulk and Parking - insufficient area r S. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Section 100-31 [ ] �cction 230-A, New York Town Law for approval of access over rights)-of-way. ` 6, Th.,t 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 exame the same during regular office hours. (514) 76'5-1809. 7; That before the relief sought may be granted, a public hearing must be held on the matter by the Boar4,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 Towntof Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Date,: 1/15/88 TURTL ASSOC `ery S Petit'ti er i Owne Names : David C. W ker Post ffice Address c o J. Kevin M-T -..{;hl Esq. PO Box 803, 828 Front Street Greenport, New, York 11944 GARY FLANNER OLSEN COUNSELLOR AT LAW P. O. BOX 706 • MAIN ROAD • CUTCHOGUE. LONG ISLAND, NEW YORK 11935 • PHONE SI6 734-7666 tae, -?15- July 1 , 1988 $ Re: Variance Application of Turtle Associates David Walker Our File #4701 Gentlemen : Please be so kind as to notify me when the above captioned matter comes up for a hearing. Very truly yours, ARY L NER OLSEN GFO:af Zoning Board of Appeals Town of Southold Main Road Southold, New York 11971 Town Hall, 53095 Main Road 4F P.O. Box 1179 Southold, New York 11971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: Southold Town Board of Appeals FROM: Southold Town Planning Board RE: David Walker/Turtle Associates SCTM# 1000-115-3-18. 3 DATE: October 20 , 1988 The Planning Board recommends that the Zoning Board of Appeals not grant an area variance for this proposal because it is inconsistent with the proposed Master Plan which was endorsed by the Planning Board. . M, • T 4 --- t F j 1 lid i ' - ttnr,•i�^t—?N^.rxtien'r aC'kir»r .�+ . �� i'q-, j • K tv-svrvAvµa rol.tion of e the NfY YQ*Vwo tl+t cr^v men n.'Y b�orin 4 9m -- - --- - I i Gurenf r€ •hcc x. n YT6 _ i .l^,' ',-:: t t'on lir M o • -.s:._. _ ..,i:. �. -.......-. �.� - -� , pF NE;,. __ r 07 t 1 — \2S1 .< 6 - _ - ___- • S 25 .. - LAND • r-n r—rte 4r 1)r'L.Y` � +/ _. C ._.. _._--{ ATTORNEY AT LAW' n 828 FRONT STREET, P.O.BOX 803 GREENPORT,NY 11944 45'. �7 y (516)477-1016 r?^i"� ({ r 7 r �U • cJv ` J:el June 22, 1988 Southold Town Board of Appeals Town Hall Main Road Southold, New York 11971 Re: Application of Turtle Associates Dear Linda: I have enclosed the Notice to Adjacent Property Owners with certified mail receipts sent to the owners of lots 1000-115-3- 17 , 25 . 5 , 26 , 27 , and 28 . I have also enclosed the map of the entire parcel as it was existing in 1976 and how it has been divided, the short environmental assessment form and a copy of my affidavit disclosing the names and addresses of the partners of Turtle Associates . I believe that this application is now complete and can be scheduled for a hearing. / Very trul iourS14"/I �V 01 / J. 4evin Mcl,augh'H / 111 ' � JKM/lg Enclosures STATE OF NEW YORK) ss: COUNTY OF SUFFOLK) J. KEVIN McLAUGHLIN, being duly sworn, deposes and says: That I am the attorney for Turtle Associates regarding the instant application before the Southold Town Board of Appeals. That Turtle Associates is a New York State Partnership and has duly filed a partnership certificate with the Suffolk County Clerk. That annexed hereto is a copy of said partnership certifi- cate, which accurately reflects the names and addresses of all of the partners of Turtle Associates and there are no other persons interested 1 therein. VIA—McL G IN Sworn to before me this 22nd day of June, 1988 . JC Ge�v�c� C� KK�LeI P� Notary 'Public LAURIE E.GRAEB Public.&;of Nov yaj 0al IS M fS,Suft1k Can* Sepsw w 'I =6 low I SIIOnT F.tlV1n01Cd El!'I'AI. n1;::r:r , rrLl1 111STRUCTIOKS1 (a) In order to answer tho quontiona in this at,urt. F,A1•' 1s Is asnu.v,d chat thn Proparer will use currently availabla infonn,tion r.oncornln, Oho pro JncL and ti:o likely iapacta of tho action. It Ss not uxpoctcd that arlditicninl aturltnc, rocaarch or othor investigations will be tuidartalcan. (b) If any question has boar ansororod YON Lho pru,Jcct my 6n ni;;niricant and a eerplatod Environmental Assossment Fort is necessary. (e) If all quoations have boon answered No it is likely OV', ; thi:; I:ro ),•ct 1s not significant. (d) Fnvironmvntnl Ainotisment 1. Will project result in a largo �,hysical clsrn,o to the project sits or physical y alter more than 10 acres of land? . . . . . . . . . . . . Ye:: Ile 2. WIII thoro bo a major chnngo to any ,miquo or unuauul land form found on the niLu? . . . . . _— Tu , No )• Will project altar or havo n larks uff(Ict on an existing body of watur? . . . . . . . . . . `- 'i e:. A— 1J V) 4. Will project havo a potontially In gu lmpaco on groundwater quality? . . . . . . . . . . . . ' $. Will project significantly, offocc drainage flu,, t� L1 ,,, t, ,�• on adjacent oltes7 . . f•, ; X- Ile • 6. 14111 project affect tiny thruntunud •.n• endanp;cro•! -plant or ani tial spccicu? 11•o 1 ., n 7• Will pro act result to a ,rajcr u,lvnrao effect on n air quality? . . . . . . . . . . . . d. WL11 project havo 'a c�Jor offuct cn visual cL•ur- atter of tho co:manicy or scenic aics,s or Satan u knolrrl to bo important to tho co;rmun.ity? . . . 9. Will project advarsoly impact any situ or :,truer- 4 era of hlstorict pro-historic, or puluuntolugical Smportnnco or any site designated a:: it critical onvironmental urea by it local upuncy? . . . Yo', tie 10. Will project have a mcyjor offoct on oxlstin,; or future recreational opportunitiva'? . . . Y,:u t1, 11. Will projoct.rosult' in major trnffic problems o:- cause rcause a najor affect to oxi,ting urnnnpol•tntion sy?teas? . . . . . . . . . . . 12. Will projoet regularly cau:;u A),ioci,ionable odu' :, noisu, glare, vibration, or electrical ance as ,I rasult of the project's cpnration? __-- Y,•.: 1). Will project have any iLapact on publ lc health or safety? . . . . . . . 11.. 14111 projact offoct oho uxSsLinl; com.nuun•_y 1,7 directly causing a growth in purin.,,;ent pclrn,la- tion cf more than 5 purrcnt u:a,r a Ino-your p,:rlod or I,-ave a major ctlar.1cto cf Out cor.,mur Ly ;r tic 1$. Is there public ontr' u s onrc I thu ,ru ,•r t? rnEP;aen's SICNATIMEi --- fl°Tn°S_::TI::C: ale SC I S — — DATE; - 1,nno j' 'Li BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of Turtle Associates NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: 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) (Other) [circle choice] from Article III Seciton 100-31 of the Southold Town Zoning Ordinance ) 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 1300 Marratooka Lane, Mattituck Tax Map No. 1000 - 115 - 03 - 18 . 3 3. That the property which is the subject of such Petition is located in the following zoning district: A (Agricultural—Residential) 4. That by such Petition, the undersigned will request the following relief: the parcel is insufficient in width and area and therefore a variance from Article III Seciton 100-31 of the Zoning Ordinance is requested 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Section 100-31 [ ] Section 280-A, New York Town Law for approval of access over rights)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 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 r y r repres tive have the right to appear and be heard at such hearing. Dated: June 22 , 1988 Petit ner Ow rs ' Names : Tur a Associates P Office Address c/o J. Kevin McLaughlin Esq. ; 828 Front Street, PO-Box 803, Greenport, NY 11944 Tel . No. ( 516 ) 477-1016 [Copy of sketch or plan showing proposal to be attached for convenience purposes . ] , Board0 and of Appeals Tows of Southold ( w PROOF OF MAILINGOF NOTICE ATTACH CERTIFIED MAIL RECEIPT i NAME ADDRESS Earl Woodhull and wife 1000-115-03-17 Mattituck, New I Robin E. Wickham Box 520 New Suf: j 1000-115-03-25 .5 Mattituck, New i Theresa Vaitis Box 783 New Suf: 1000-115-03-26 Mattituck, New i Robert Barker PO Box 1488, Lu] 1000-115-03-27 Mattituck, New Charles Cacioppo and ano. 25 Lilloc Drive 1000-115-03-28 Syosset, New Yo; STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK ) Linda M. Tonyes residing at 340 Pine Road, Southold New York being duly sworn, deposes and says that on the 22nd day of June 119 88 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- Green ort, New York ; that said Notices were mailed to each of said persons by certifie (registered) mail. g ! LINDA M. TONYES Sworn to efor e t day � r QTNota P blit (This side does not have to be completed on form transmitted to adjoining property owners . ) FF-28 Rev.111/85) NYBTU Form 8041 (Rev. 11/78NTRACT OF SALE • 1 WARNING: NO REPRESENTATION IS MADE THATTHIS FORM OF CONTRACT FOR THE SALE AND PURCHASE OF REAL ESTATE COMPLIES WITH SECTION 5-702 OF THE GENERAL OBLIGATIONS LAW ("PLAIN ENGLISH"). CONSULT YOUR LAWYER BEFORE SIGNING IT. NOTE: FIRE AND CASUALTY LOSSES: This contract form does not provide for what happens in the event of Fre or casualty loss before the title closing. Unless different provision is made in this contract,Section 5-1811 of the Cenral Obligations Law will apply.One part of that law makes a purchaser responsible for fire and casualty loss upon taking of title to or possession of the premises. CONTRACT OF SALE made as of the Z P"`e day of June, 1987 BETWEEN ' DAVID C. WALKER Date: Parties: Address: (no #) Maratooka Lane, Mattituck, New York 11952 hereinafter called "SELLER", who agrees to sell; and TURTLE ASSOCIATES Address: c/o Jane Stubelek, President - 2105 Park Avenue, Mattituck, NY 11952 hereinafter called "PURCHASER" who agrees to buy the property, including all buildings and improvements thereon(the "PREMISES"), more fully described as, all that terrain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Premuer: AS PER ANNEXED PHOTOCOPY OF DEED RECORDED IN THE SUFFOLK COUNTY CLERK'S OFFICE ON OCTOBER 31, 1979, IN LIBER 8721, PAGE 433, HERETO ANNEXED AND MADE A PART HEREOF. and conditioned upon the Purchaser securing a vacant land cert' a of occupancy from the Southold Town Building Department, s sole cost and expense. Any applications to be filed in ion therewith shall be done by the Purchaser as expedit' as possible. If Purchaser fails to secure said vacant 1 rtificate of occupancy with in sixty (60) days of the dat his Contract, either party may cancel this Contract upon 0) days written notice, after which said Contract of Sale cancelled and null and void, and the down payment herein IT IS. UNDERSTOOD AND AGREED that this contract is subject to and conditioned upon purchaser obtaining a vacant land certificate of occupancy from the Town of Southold Building Department and obtaining approval of location for well and cesspools from the Suffolk County Department of Health, at purchaser' s sole cost and expense, within 120 days of the date hereof. If purchaser fails to secure said vacant land certificate of occupancy and Health Department approval, either party may cancel this contract upon 10 days written notice, after which said contract shall be cancelled and null and void, and the down payment herein shall returned to purchaser. Also known as: Street Address: (no #) Marratooka Lane, Mattituck, New York Tax Map Designation: 1000 - 115 - 3 - 18.3 Together with SELLER'S interest, if any, in streets and unpaid awards as set forth in Paragraph 9. Persona! � - e also y (i y-enrticles.-ef-persena�-pm*-attached-to-or-used-irrconnecten with the- Property PREWf S,unless specifically excluded below.SELLER states that they are paid for and owned by SELLER free and dear oan other than the EXISTING MORTGAGE(S).They include but are not limited to plumbing, heating, ( Y I lighting and cook xtures, bathroom and kitchen cabinets, mantels, door mirrors, venetian blinds, shades, screens, awnings, storm ows, window boxes, storm doors, mail boxes, weather vanes, Flagpoles, pumps, shrubbery, fencing, outdoor stat tool sheds, dishwashers, washing machines, clothes dryers,garbage disposal units, ranges, refrigerators, freezers, air ditioning equipment and installations, and wall to wall carpeting. AFI l a f_...., t.• tare- PREMISES IS VACANT LAND 1. (a) The purchase price is $ 75,000.00 Payable as follows: Purchase A1LC: On the signing of this contract, by check subject to collection: $ 7,500.00 -By dlewanee faf thepritteipel emennc still trnpaid�RT6AGE{S): $ -0- By a Purchase Money Note and Mortg a from PURCHASER (pr as i sll t SELLER: $ 50,000.00 Sayable over a term of five �) years in amortizes ttoht% installments of ppr A interest of $1[062.36, commencing 29>97(BSX�iXpDC one (1) month after closing, with full vi�l ge0 of prepayment at any time. BALANCE AT CLOSING: $ 17,500.00 tit trc-r- t^ t=��'f 6A6Fsrthe RerehaseMotteylVetrand Mortgage-will-also provide- that it-wil4-remaitrsubjeettothe�rior-lietroF,iny-EXhST1#GMpR3' a oecl-Faith The Purchase Money Note and Mortgage shall be drawn on the standard form of New York Board of Title Underwriters by the attorney for SELLER.PURC HASER shall pay the mortgage recording tau, recording fees and the attorney's fee in the amount of S 350.00 for its preparation. (ri -r,j ,rhr whieh reduce the unpaid principal amount of an EXISTING MORTGAGE below the amount shown in paragraph;16en the balance of the price payable at CLOSING will be adjusted.SELLER agrees that the amount showrun-Paragraph 2 is reasonably correct and that only payments required by the EXISTING MORTGAGE wil made. (d) If there is a mortgage escrow account that is maintained for the purpose of pa 'ng taxes or insurance, etc. SELLER shall assign it to PURCHASER, if it can be assigned.In that event PUR SER shall pay the amount in the escrow account to SELLER at CLOSING. 2. The PREMISES will be conveyed subject to the conti • g lien of"EXISTING MORTGAGE(S)" as follows: Mortgage now in the unpaid principal amount and interest at the rate of per cent per Existing year, presently payable in installments of $ which include principal, Mortgage(s): interest, a tth any balance of principal being due and payable on SELLER he states that no EXISTING MORTGAGE contains any provision that permits the holder of the mors to require its immediate payment in full or to change any other term thereof by reason of the fact of 3. All money payable under this contract unless otherwise specified, shall be either: a. Cash, but not over one thousand ($1,000.00) Dollars, Acceptable b. Good certified check of PURCHASER,or official check of any bank, savings bank,trust company,or savings Funds: and loan association having a banking office in the State of New York,payable to the order of SELLER,or to the order of PURCHASER and duly endorsed by PURCHASER(if an individual) to the order of SELLER in the presence of SELLER or SELLER'S attorney. c. Money other than the purchase price,payable to SELLER at CLOSING,maybe by check of PURCHASER up totheamountof Five Hundred ($ 500.00 )dollars,or d. As otherwise agreed to in writing by SELLER or SELLER'S attorney. 4. The PREMISES are to be transferred subject to: a. Laws and governmental regulations that affect the use and maintenance of the PREMISES,provided that they "Su6 ect to" are not violated by the buildings and improvements erected on the PREMISES. Provisions: b. Consents for the erection of any structures on, under or above any streets on which the PREMISES abut. c. Encroachments of stoops, areas, cellar steps, trim and cornices, if any, upon any street or highway. Titk 5. SELLER shall give and PURCHASER shall accept such tide as a title company doing business Company in Suffolk Countya member of The Approval: New York Board ofTide Underwriters will be willing to approve and insure in accordance with their standard form of title policy, subject only to the matters provided for in this contract. RIDER TO CONTRACT OF SALE SELLER. .. . DAVID C. WALKER . �87. . . ..... ....... ....... . . ..... . ... ... . .. ... . Dated. 6�. PURCHASER. TURTLE,, INC. . .... .... . . . ... . . . ...... ...... . .. ......... . ...... 1. The foregoing described premises are sold and are to be conveyed subject to the following additional provisions: a) Subject to any state of facts an accurate survey may show, provided same does not render title unmarketable. b) Subject to building regulations, covenants, utility easements, restrictions, reservations and agreements of record, provided the same do not prohibit the maintenance of single family residential dwelling. c) Subject to the building ordinances and zoning regulations of the Town of Southold , together with all amendments thereto, provided the same do not prohibit the use of the premises as a one-family dwelling. 2. It is understood that neither the seller, nor any agent or representative of the seller, has made any representations or warranties, expressed or implied, to the purchaser or his agents with respect to the conditions and present state of the property conveyed by this sale, or regarding any other matter whatsoever, except as expressly set forth in this agreement. The purchaser represents further that he has inspected the premises and knows the conditions, applicable zoning restrictions and present state thereof and is purchasing same "as is". 3. Purchaser shall notify the seller of any objections of title, and the seller shall be entitled to a reasonable adjournment of the title closing date in which to cure such objections. Nothing herein contained, however, shall be deemed to obligate the seller to undertake any actions or other proceedings to cure title defects, and in the event, for any reason whatsoever, the seller shall be unable to deliver title to the premises as herein specified, the sole remedy of the purchaser will be to accept such title as the seller shall be able to deliver without abatement in the purchase price, or in the alternative, to cancel this agreement and receive a refund of the contract down payment made hereunder, together with the net charges actually charged to the purchaser for the examination of title, without insurance, by a title company which is a member of the Board of Title Underwriters licensed to do business in the State of New York. 4. The acceptance of the deed by the purchaser shall be deemed full performance and discharge of every agreement and obligation on the part of the seller, except those, if any, which are herein specifically stated to survive the delivery of the deed. S. It is agreed .that the down payment hereunder shall be held in escrow by RICHARD J. CRON, ESQ., as attorney for seller, and paid to the seller upon the closing of title or refunded to purchaser if he shall become entitled thereto. 6. This contract may not be assigned by the purchaser without the written consent of the seller. 7. If there shall be any inconsistencies between this rider and the basic form contract herein, this rider shall control and take precedence over said printed form of contract. TURTLE if'SSOGisf7.6'f By: Purchaser, Seller i /�hKTN President DAVID C. WALKER Purchaser ,¢/ZTV�� Seller -2- • �y'o8- a 3 �z� PF 29(6177)Standard N.Y.B.T.U.Form Wargain and Sale Deed,with Covenant against Grantor's Acts,Individual or Corporation(Single Sheet) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. PAGE 432 This Indenture, made the O� day of October, nineteen hundred and. seventy—nine, Between ROBERT E. REHM, residing at Woodcliff Drive (no street number) , �r7-0 Mattituck, New York, se �i10o party of the first part, and DAVID C. WALKER, residing at Marratooka Lane (no 131K, street number) , Mattituck, New York, 0 300 L-a party of the second part, Witnesseth,that the party of the first part,in consideration of Ten Dollars and othervaluable consideration paid by the party of the second part,does hereby grant and release unto the party of the second part,the heirs or successors and assigns of the party of the second part forever, e,�p.1y 1a' -t ; �. All that certain plot,piece or parcel of land,with the buildings and improvements thereon erected,situate,lying and A being in the Town of Southold, County of Suffolk and State of New York, more -particularly bounded and described as follows : BEGINNING at a point on the westerly side of Marratooka Lane at the southeast corner of the herein described premises where the same is intersected by the northerly side of land now or` formerly of Cuddy; said point also being distant 394. 57 feet northerly as measured along the westerly side of Marratooka Lane from the corner formed by the ,a intersection of the northerly side of New Suffolk Avenue with the y)� westerly side of Marratooka Lane; runnipg thence from said point of beginning along land now or formerly of Cuddy, first above mentioned, North 80 degrees 56 minutes 50 seconds West 373.87 feet .to the mean high water mark of the Marratooka Lake; running thence along the mean high water mark of the Marratooka Lane, v, on a tie line North 17 degrees 57 minutes East 57. 51 feet to land now �vl\ or formerly of Walker; running thence along said land the following two courses and distances : (1) South 82 degrees 00 minutes 00 seconds East 135 feet; (2) South 88 degrees 37 minutes 40 seconds East 220 feet to the west- c" erly side of Marratooka Lane; n� running thence along the westerly side of Marratooka Lane, South 1 degree 22 minutes 20 seconds West 89. 50 feet to the point or place of BEGINNING. SUBJECT to any state of facts an accurate survey may show. SUBJECT to covenants, restrictions and agreements of record, if any. Togetherwith all right,title and interest, if any,of the party of the first partin and to any streets 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 said premises;To Have And To Hold the premises herein granted unto the party of the second part,the heirs or successors and assigns of the party of the second part forever. And the party of the first partcovenants that the party of the fi rst part has not done or suffered anything whereby the said premises have been encumbgred in any way whatever,except as aforesaid. And the party of the first part,in compliance with Section 13 of the Lien Law,covenants that the party of the first part will receive the consideration forthis conveyance and will hold the rightto receivesuch consideration as a trustfund 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"wheneverthe sense of this indenture so requires. In Witness Whereof,the party of the first part has duly executed this deed the day and yearfirst above written. INPRESENC s Robert E. ehm STATE OF NEWWYORK, COUNTY OF SUFFOLK ss: STATE OF NEW YORK, COUNTY OF ss: On the pLs day of October, 1979 , before me On the day of 19 before me personally came ROBERT E. REHM personally came to me known to be the individual described in and who to me known to be the individual described in and who executed the foregoing i ru ent, and acknowledged executed the foregoing instrument, and acknowledged that he executed the am that executed the same. / RICHARD J.CItOt7 NOTARY PUBLIC. Stoic of New York ' No. 52.5861280 -Suffolk County Commission Expires March 30, 19.r- STATE OF NEW YORK, COUNTY OF OV ss: STATE OF NEW YORK, COUNTY OF ss: On the day of 19 before me On the day of 19 before me personally came personally came to me known,who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with say that he resides at No. whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he is the ; that he knows of to be the individual the corporation described described in and who executed the foregoing instrument; in and which executed the foregoing instrument; that he that he, said subscribing witness, was present and saw knows the seal of said corporation;that the seal affixecito said instrument is such corporate seal; that it was so affixed by execute the same; and that he, said witness, order of the board of directors of said corporation, and at the same time subscribed h name as witness thereto. that he signed It name thereto by like order. SECTION ttTttin ttnAl ✓ttip �PF� BLOCK f�f1f With Covenant Against Grantor's Acts LOT ��llC l'J TI TLE ISORflt�CE COfs1 NY Title No. CITY OR TOWN .. ROBERT E. REHM COUNTY Recorded at Request of To V W-11FE TITLE INSURANCE Company of New York DAVID C. WALKER RETURN BY MAIL TO games E. McGiff, Esq. Standard Form of New York 70 East Main Street Board of Title Underwriters Distributed by Patchogue, New York 11772 1141FE TITLE 1 ANCE Zip No. Com of New York dt y -V Y v y � t LU 0 0'. fy T' twl tT 7 W v ' o r F— 4 N w C1 t� V W ¢ O wp 0w CP� ,.ing ' 6` "CLOSING" means the cement of the obligations of SELLER and*CHASER to each other under this efsned T' including the payment of the purchase price to SELLER, and the delivery to PURCHASER of a And Bargain and Sale With Covenant deed in proper statutory form for recording so as to transfer Form of full ownership (fee simple title) to the PREMISES, free of all encumbrances except as herein stated.The deed will Deed: contain a covenant by SELLER as required by Section 19 of the Lien Law. If SELLER is a corporation,it will deliver to PURCHASER at the time of CLOSING(a)a resolution of its Board of Directors authorizing the sale and delivery of the deed,and(b)a certificate by the Secretary or Assistant Secretary of the corporation certifying such resolution and setting forth facts showing that the transfer is in conformity with the requirements of Section 909 of the Business Corporation Law.The deed in such case shall contain a recital sufficient to establish compliance with that section. Closing 7. CLOSING iJl � lace t [},e office of CRON d C,RO.N, ESQS., Aain Rd.,Cutchogue, NY, on Date and or about iftea�n (�15) days after o�taining vacant land certificate of Place; occupany and Health Department approval. Broker: 8. PURCHASER hereby states that PURCHASER has not dealt with any broker in connection with this sale other than CELIC ESTATE AGENTS, INC. and URCHAS agrees to pay the broker the commission earned thereby (pursuant to separate agreement). Streets and 9. This sale includes all of SELLER's ownership and rights,if any,in any land lying in the bed of any street or highway, Assignmait of opened or proposed, in front of or adjoining the PREMISES to the center line thereof. It also includes any right of Unpaid Awards: SELLER to any unpaid award by reason of any taking by condemnation and/or for any damage to the PREMISES by reason of change of grade of any street or highway. SELLER will deliver at no additional cost to PURCHASER, at CLOSING, or thereafter, on demand, any documents which PURCHASER may require to collect the award and damages. Mortgagee's eatecYnrcd nattnarrthairthirty(3A}daysbeforti Certificate CLOSING signed by the holder of each EXISTING MORTGAGE,inform for recording,certifying the amoyne o�e or Leta as to unpaid principal and interest, date of maturity, and rate of interest. Existing SELLER shall pay the fees for recording such certificate. If the holder of a mortgage is a band or other institution as Mortgages(,): defined in Section 274-a, Real Property Law,it may,instead of the certificate,furnisharrtinqualified letter dated not more than thirty (30) days before CLOSING containing the same infotma�t .. ELLER hereby states that any EXISTING MORTGAGE will not be in default at the time of CLOSI 1G. Compliance with 11. a. SELLER will comply with all notes or notices f violations of law or municipal ordinances, orders or State and requirements noted in or issued by any governme epartment having authority as to lands, housing,buildings, hfunicipa( fire,health and labor conditions affecting Eli MISES at the date hereof.The PREMISES shall be transferred free Department of them at CLOSING and this Prov'' n shall survive CLOSING. SELLER shall furnish PURCHASER with any Violations authorizations necessary to the searches that could disclose these matters. and Order,: Omit if Uu b. All gations affecting the PREMISES, incurred pursuant to the Administrative Code of the City of New Property is not in York i r to CLOSING and payable in money shall be discharged by SELLER at CLOSING.This provision shall Ila City of New York: Installment 12. If at the time of CLOSING the PREMISES are affected by an assessment which is or may become payable in Assessment: annual installments,and the first installment is then a lien,or has been paid,then for the purposes of this contract all the unpaid installments shall be considered due and are to be paid by SELLER at CLOSING. Apportionments: 13. The following are to be apportioned as of midnight of the day before the day of CLOSING: (d) Taxes,water charges and sewer rents,on the basis of theldkaitt periotc vihich assessed. ( Y• If CLOSING shall occur before a new tax rate is fixed,the apportionment of taxes shall be upon the basis of the old tax rate for the preceding period applied to the latest assessed valuation. Any errors or omissions in computing apportionments at CLOSING shall be corrected. This provision shall survive CLOSING. Water Meta Readings: Allowance for 15. SELLER has the option to credit PURCHASER as an adjustment of the purchase price with the amount of any Unpaid Taxes,etc.: unpaid taxes,assessments,water charges and sewer rents,'together with any interest and penalties thereon to a date not less than five business days after CLOSING, provided that official bills therefor computed to said date are produced at CLOSING. Use of 16. If there is anything else affecting the sale which SELLER is obligated to pay and discharge at CLOSING,SELLER Purchase Price may use any portion of the balance of the purchase price to discharge it. As an alternative, SELLER may deposit to Pay money with the title insurance company employed by PURCHASER required by it to assure its discharge,but only if Encumbrances: the title insurance companywi[l insure PURCHASER'S title clear of the matteror insureagainst its enforcement out of the PREMISES. Upon request made within a reasonable time before CLOSING, PURCHASER agrees to provide separate certified checks as requested to assist in clearing up these matters. Affidavit as to 17. If a title examination disclosesjudgments,bankruptcies or other returns against persons having names the same Judgrnunt, as or similar to that of SELLER,SELLER shall deliver a satisfactory detailed affidavit at CLOSING showing that they Bankruptcies: are not against SELLER. Deed Transfer 18. At CLOSING&LER shall deliver a certified check payaloo the order of the appropriate Sdte, City or and County officer in the amount of any applicable transfer and/or recording tax payable by reason of the delivery or Recording Taxes: recordingofthedeed,togetherwith any required tax return.PURCHASER agrees to duly complete the tax return and to cause the check(s) and the tax return to be delivered to the appropriate officer promptly after CLOSING. Purchaser's Lien: 19. All money paid on account of this contract, and the reasonable expenses of examination of the title to the PREMISES and of any survey and survey inspection charges are hereby made liens on the PREMISES and collectable out of the PREMISES. Such liens shall not continue after default in performance of the contract by PURCHASER. Seller's Inability 20. If SELLER is unable to transfer title to PURCHASER in accordance with this contract, SELLER'S sole liability to convey and shall be to refund all money paid on account of this contract,plus all charges made for:(i)examining the title,(ii)any Limitation of appropriate additional searches made in accordance with this contract,and(iii)survey and survey inspection charges. L.abthtyr Upon such refund and payment this contract shall be considered cancelled,and neither SELLER nor PURCHASER shall have any further rights against the other. Condition of 21. PURCHASER has inspected the buildings on the PREMISES and the personal property included in this sale Property: and is thoroughly acquainted with their condition. PURCHASER agrees to purchase them"as is"and in their present condition subject to reasonable use,wear,tear,and natural deterioration between now and CLOSING.PURCHASER shall have the right, after reasonable notice to SELLER, to inspect them before CLOSING. Entire 22. All prior understandings and agreements between SELLER and PURCHASER are merged in this contract. It Agreement: completely expresses their full agreement. It has been entered into after full investigation,neither party relying upon any statements made by anyone else that are not set forth in this contract. Changes Must Be 29. This contract may not be changed or cancelled except in writing.The contract shall also apply to and bind the In Writing: distributees, heirs, executors, administrators, successors and assigns of the respective parties. Each of the parties hereby authorize their attorneys to agree in writing to any changes in dates and time periods provided for in this contract. Singular also 24. Any singular word or term herein shall also be read as in the plural whenever the sense of this contract may Means Plural require it. TURTLE ASSOCInATESww By: , Gtr�sif In Presence Ofi Aan�tub k/--e-j5rtner, Buyer— By: Peter W. Kr n, partner, Buyer David C. Walker, Seller Closing of tide under the within contract is hereby adjourned to 19 at o'clock,at ;title to be closed and all adjustments to be made as of 19 Dated, 19 For value received, the within contract and all the right, title and interest of the purchaser thereunder are hereby assigned, transferred and set over unto and said assignee hereby assumes all obligations of the purchaser thereunder. Dated, 19 Purchaser Assignee of Purchaser PREMISES Section TITLE NO. Block Lot. DAVID C. WALKER, Cqunty or Town Street Numbered Address Recorded At Request of To: ,'._"^TITLEUSA Insurance Corporation TURTLE, INC. of New York RETURN BY MAIL TO: Standard Form of New York Board of Title Underwriters Distributed by L5T/TLF.(6X11 Insurance Corporation of New York Zip No. GIVEN, pursuant to Section COUNTY OF SUFFOLK 267 of the Town Law and the TE OF NEW YORK ss: Code of the 7bwn of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS Patricia Wood, being duly sworn, says that she is the at a Regular Meeting at the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, Southold Town Hall, Main Road, Southold, NY 11971, on a public newspaper printed at Southold, in Suffolk County; WEDNESDAY,OCTOBER 26, and that the notice of which the annexed is a printed copy, 1988 at the following times: has been published in said Long Island Traveler-Watchman ETGRETCHEHEN K. HEIGL. Vari- Appl. No. 3773- once each week for . . . . . . . . . . . . . . . . . . . . /. . . . . weeks ance to the Zoning Ordinance, zit Article III, Section 100-31 for successively, Commencing on the permission to connect deck to porch, leaving an insufficient setback from the south(westerly) day 19 property line. Location of Pro- perty: Private Right-of-Way ex- tending off the North Side of 8:1 • , , • , • , , Soundview Avenue, Southold, P•m• .4 PPI No. 3764. . . . NY; County 'lax Map Distrito BAKER. Bed and ERT G. and DIAkfast 1000,Section 68,Block 1,north- Proposal, 2 Breakfast erly part of Lot 14 (now 14.1). P d; 1 00-55-& Ave- 7:40 p.m. Appl. No. 3784_ nue,Southold; 1000-55.6.9.(Re_ �IJ JAMES YOUNG. Variance to cessed from October 6, 1988), • • • • • . . . . . . . . . . . . . day of 3\ 8:15 P.m.JOSEPH A.STOC- the Zoning Ordinance ermi KEN/M&N AUTO,INC tea- O 111, Section 100-31 for permis- tion of Property:South Side of 19 sion [o construct addition to dwelling with insufficient from Front Street(Route 25),Green- yard setbacks from the westerly Port,NY;County Tax Map Dis- trict tact 1000, Section 45, Block and souther) 6, y property lines. Lot 5: Location of Property: NEA � �4� Minnehaha Boulevard at cpti too. he Zoning . , . , LY Exception to the ' ' ' ' ' ' ' ' ' "Laughing Waters;" Southold, nano ming Section r Public NY; County Tax Map District e, Article VIII, Section y 1000,Section 87,Block 3,Lot 8. 100.80 for expansion of the pre- RA A. SCHNEI f ER 7:45 p.m._App). No. 3772- sent property by the addition of BLIC, State of New Ya JOHN G.PHILIPPIDES.Vari- anew building to be utilized for No. 4806846 ance to the Zoning Ordinance, the existing automobile service ied in Suffolk Coar y Article XI,Section 100-119.2 for station and public garage,in ad- ssion Expires S13//jp dition to the continued sales of permission to construct deck ad. gasoline and dition at rear of existing dwell- Proposed retail ing with an insufficient setback (grocery)store uses,all as shown from existing bulkhead. Loca- on the August 4, 1988 Site Plan. -tion of Property:South Side of '4PP1• No. 3782-Variance to Old Cove Road, Southold, NY; the Zoning Ordinance, Article County 7'ax Map District 1000, Vlll,Section 100-80 for permis- _ Section 52, Block 2, Lot 10.1. sion to convert existing building '7.50 p.m. Appl. No. 3785 Co retail(grocery)store,which is.; SE-RAYMOND NINE and not listed as a permitted use in CHARLES ZAHRA. Special this "C-Light Industrial"Zone Exception to the Zoning Ordi. District,in addition to the exist- nance, Article III, Section ing 'Sales use (of gasoline and 100-30B[161 for permission to diesel)and proposed new build- establish "Bed and Breakfast ing for automobile servicing. Use:'"an owner-occupied build- JO 8:30 p.m. Appl. No. 3708- ing,other than a hotel, whereAVID WALKER/TURTLE lodging and breakfast is provid- SSOCIATES. Variances to the y J ed for not more than six casual, ing Ordinance, Article III, T '�'1 transient roomers, and rentingction 100.31, for approval o of not more than three rooms. rcel as exists with insufficien Location of Property: North area and width and more Side of New Suffolk Avenue, rticularly described in Deed at Mattituck, NY; County Taxer 8721 Page 433 dated Oc- . Map District 1000,Section 114, er 25, 1979,having been set- Block 11, Lot 20. without Planni ig Board ap- 7:55 p.m. Appl. No. 3777- val. Location of Property: CARL J. and RUTH V. NEL- Marratooka Lane, Matti- SON. Variances to the Zoning k,NY;County Tax Map Dis- Ordinance,Article III,Section 1000,Section 115,Block 3,100-31 and 100-32, and Article 18'3 (previously part ofXI,Section 100.119.1 for ). permis- The Board of Appeals will at sion t onstruct tennis court said time and place hear an with 0-ft high fencing in the all Y and tives de- frontyard area and total lot siring o be headine arch of he coverage in excess of the maxi- above matters. Written com- mum-permitted 20 percent. ments may also be submitted Location of Property: 1060 prior to the conclusion of the Moore's Lane, Greenport, NY; subject hearing. Each hearing Eastern Shores Subdivision, will not start before the time alg C__� Section 3, Lot 99; County Tax lotted. For more Map District 1000, Section 33, please call 765-1809formation, - Block 2, Lot 43. Dated: October 6, 1988. 8:05 P.m. Appl. No. 3786- MARION SACCONE.Variance By ORDER OF to the Zoning Ordinance, Arti- THE SOUTHOLD TOWN cle III, Section 100-30, for per- BOARD OF APPEALS P GERARD P GOEHRINGER, mission to replace nonconform- ing trailer with new single-family CHAIRMAN `t dwelling, in addition to the es- BY Linda Kowalski tablished dwelling structures and IX, 10/20/88 (3) uses. Location of Property: 66075 C.R.48,Greenport, NY; County Tax'Map District 1000, Section 40, Block 2, Lot 7. To Whom It May Concern: I am the owner of certain real property more accurately depicted on a copy of a certain deed annexed hereto. I do hereby authorize TURTLE ASSOCIATES, a New York partnership, to make any and all applications to any and all governmental entities for permits necessary to construct a private one-family dwelling on said property. Very truly yours, je U&g4 David C. Walker QUESTIONNAIRE TO BE COMPLETED ANO SUBN MED WITH YOUR APPLICAf [Oii. FOR115 i0 THEl30A L OF 11 PP LSLS 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. I . Are there any proposals to change or alter land contours ? Yes Y. a) Are there any areas which contain wetland grasses ? (Attached is a list of the wetland grasses defined by Town Code , Ch . 97 for your reference . ) Yes N b ) Are there any areas open to a waterway without bulkhead ? Yes t! 3. Are there existing structures at or below ground level such as patios , foundations , etc? Yes, 1, 4 Are there any existing or proposed fences , concrete barriers , decks , etc? Yes jN,) 5• 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 I. 6. If project is proposed for principal building or structure , is total height at more than 35 feet above average ground level ? State total : or Yes or were, f'Aere_ 7. Are there),other premises under your oIwnership abutting this parIcel ? If yes , lease submit copy of deed: Yes N� 8 Are there any building permits pending on this parcel (or abutting land under your ownership , - if any ) ? Yes N 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 N; Town Board Town Trustees Yes Plc County Health Department Yes N. Village' of Greenport Yes NC N. Y . S . D . E. C. Yes N, Other Yes _ N; Yes 1`4`10 . Is premises pending a sale or conveyance ? If yes , please submit CODV of names or purchasers and conditions of sale . from contract ) . Yes N• Is neer construction proposed in the area of contours �t 5 feet or less as exists ? c 12_ If neer construction is Yes proposed in an area within 75 feet of wetland grasses , or land area at an eleva- tion of five feet or less above mean sea level , have you made application to the Tot-in Trustees for an inspection for possible waiver or permit under the requirements of Ch . 97 of the Town Code ? Yes N� 13 . Please list present use or operations conducted upon the subject property at this time cork �a� and proposed r.r__I=or, � *Please submit photo re, ns fur the re�rdoF w -pm ffr ARE whEN ! certify that the above statements are r e nd Lbeing submittedafor reliance by the Board of Appeals n,s n i ing ication . Si jnatw•e nori zed ��gen ) 3/37 1k a - J i § 97-13 WETLANDS § 97.13 • TOWN -- The Town of Southold. : TRUSTEES •— The Board of Trustees of the Town of Southold. [Added 6-5.8.1 by L.L. No. 6-19911 WETLANDS [Amended 8-26-7G by L.L. No. 2.197G; 3.2G- 85 by L.L. No. ti-1985]: A. TIDAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with. or which border on, tidal waters,or lands lying beneath tidal waters, which at mean low tide are covered by tidal watcr9 to a maximum depth of five (5) feet, includinK 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, flats and tidal marsh subject to such tides and upon which (;rmvs or may grow some or any of the followir.'-: salt hay, blac•It I grass, saltworls, sea lavender, tall eord�7rsss, high bush• cattail;, groundscl, marshmallow and low march cordgrass; and/or (3) All land immediately adjacent to a tidal wetland ::s defined in Subsection A(2) and lying within seven- tyfive (75) feet landward of the nurrc I:mdv:;u-d edge of such a tidal wetland. 11. FltESII',YATERWETL,I;IUS: (1) "Freshwater wetland;" as defined in Article 21, Ti- tle 1, § 21.0107, Subdivisions 1(a) to 1(d) inclusive, of the Enviromncncd Conservation Law of the stat, Of New York:and (2) All ]and immediately adjacent to a"freshww :t(er et- Innd,"asdefined in Sub,oetion li(1)and Iyingwith_ in seventy-five (75) fret landward of the most land_ ward edge of a "freshwater wetland." u _ 9703 N:, �,,�t 5� A 'INE t •- rt!kd^.. ,?if r "�„{;�yq; �4 y7">:�s.1 �,�1 «pz.0 ( �'�►' ArIP`erwilrt}taly�lNt1llaa¢�tl ...a�. f es4M a.mM RAIMIIY+u eti 1Mssssslr wRee A""W 000 As Am w mow"W4. 1 ' r ��''MQg'•�ITCMKtAa.k>fsr 2st�llhrai 1Ma' .NM1a+tlpdrdl,oAsaYyi�� '" 7ork �1flTe mod J. id1Awg 1 ai9 W�last iRl�p{� Mpttitwlt, r # RaWa eteWLyf ap 4aa:y�laAbar! ti#MIR«S.pMplc� ig1t1 York ' �9a2 ,,A-,y p M"Pool" el Marguerite N. Goldsmith the Lr win mad MN4)i4a11� ,PNr Ml r116st patL trd ' ` • z{�. SQMMZP i. RLM. residing At (no number) 6asaau Point Road, Gytrpy Now 'Yolk 11915 R r r mm q0 11111l*W 1WL {77M61S6ry1L tw dw Pam A(de wN pert by rat4m of d,1.n.n a..l auf)wrse nn w�ml by sad�RI� .1 .e�dl 44k y4n4W*0'4 owl w a m&A•N'u d M " • lwatly eillAt Ntaisand (620.000.00)---___-.,.---- doYMi, �. 1-11.y tW len)Yf the wwad rwa, t,.&!rrtLy ataru 04 WM-de 1N.t) .l dr.wNN.I tun•ILA 4rso rW a..j"14 a,P..t)tl a...sal pmt_.. O.A.iW 'u,.P&,o 14 Leal wllh 0,6%kim.n W.mlawaretwlw T)QRrn CN{(ed,�0. 4: h4hig AW8 Wdo at Mattituck, in the Town of Southold. County of Stith and State of Mev York, boundad and described As follow&) .yt, f REG11S11L4 At A point set an the westerly line of )tarratr>okn kine 119.0x..; } fett northerly ft 't's interseCtlwn with the nortberly line of Mew 4 Suffolk Avenue) ru w isg tbeace = a lune which pAAses thraltgh a conaret� : teat near the shore of Narratooka k9,��orik 78 degrees 02 iocandr lfaat 395 feet, to the ahoM 1a!'�staytooka Lake. I ):uapipg thence northerly by and a14" pas, &bora lice qj Lake 114 bet tore or leas. i�. runaing tneace South 82 degrees 00 Mutes East 13a foot 0"a or less) thence South " *agrees 37 minetee 40 secoods Eaat 220.0 teet t94," a montmtmat on the westerly line of Narratopk4 Lanai •r�" tvaminq chance along the said westerly line of Marr4to"a LN" I, ,-w South 1 doge" 22 minutes 20 seconds Most 165.3 feet to the poiat`fayt+ -. place of llw¢LBl2sG. � a. • :, 1. w { t , 1141 . . A ,e 1 b {FMt Ali , 1 •M^.Td I..4Jp<J.d Aw ..I 11M W t .1 IIM'Intw(wn Yd ! �1t A� all de'.1FM.`dYYTdF&,Od :1t.Yalu t)r(Ad lI..NMYFY.1:1(�.�'7'b 1�R MtIktM.i art ;` n>1n�+lr All Il4 NaM ahkh dee ). 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Rl) -'-1-•1!-Ig V sr' Nicoml- f L� 1 M0 l/ Now alp �.. .. t>. 1 Y" ilq• 1Y71is aw OM Ha �n/�+IM1 L+1 A. MLrs1Yt! Itld J. Pl.r+wMr GOO '- .r 'wsl1��1�� »Ml�M 4�►�* rsd.61 to soi /mlyM whodd d•rQ .•aya�1.111k pd...t Y+w*r•+I.ted tlYltw.t d44 t►N I taa•wd tY Nd l►I Ia11a.Ytrt.aYt tr MY dl�t Na..urr. Hetua[1►t e i . aIw MMMK NMIId. ..Q%AA r�+wo w+'wha� I 1lf�l1 testa r wM]resaMt* � � raw w tr.ata taare• � ►► ��„ 41 Ca Ma lord tb .t.tw W' (41he day al LY .Woo .t rwaad..tMM I..,I...0, was la.r►.•h..t.vdti r.Jul.....r,.W d•P..aal .b ..h ,Ad A .mea. to ItM 1[...1..R .rttpau.t a.p► aaY tkm ttt levva N fa•. xn.e. an j.gwaYx mq.unaad w6w bag tq wodMY b mod"N tbt b M the A .IW to les.• .._ t8s aq'yoraYa.lr.rd.J I MAPAW1016 tal.Attl t}II tn•.'t'.a{Il..ttb..M,Ih.s. tae ►..w ie OW d ted "WPW*to t►.t 00 a•1 dbttttbd a • _W " w Mtd •� wai wl AN . w w dim ►o.!�d um.b►Y w of 4tdM.td��16«i w d .+d a.ayt��rta. tr.aad t►N M ► tttY.e tt.a.a.4v 1ie•.Iltf. 14PtNWMMr0 r, UdWTInEWSLOANM e rS, ��.��.��II tIn►wb tr1 a1 WaW.. 111.k•../MY 1qe. �+•�^x^.91 nj TR1a M 1� •:'j.aT V 1'1 qn.,.r -- -- . rSturlla a. Yiraiaq and J. Parker 1"t Mickb.M .AWaW 7%v%.% of SoutAoid TO County of Suffolk AgEart P. fldita ouatswarYt.atY�H911tMlnwun awas onto no•sm�ISM•W MONSOON e,....•r uw. � ""'a U.d•• CWXMCAOOO7H'Ai R1Ctlard J. Crc . 6hq. ISOi1WA 4M C DW W"T Main Road 11R$4 sm"Osom Cutchoguea Nov- York 11935 W a• 4r. : As D 1 M n.. I + .-...�-�..� L..�..�.--... I . :. 41_. �FFQ(/r LP g 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 September 14 , 1988 J. Kevin McLaughlin, Esq, 828 Front Street P.O. Box 803 Greenport, NY 11944 Re: Appeal No. 3708 - Turtle Associates Dear Kevin: Following communication with your office on September 2 , this letter will confirm that we are awaiting a copy of the deed at Liber 4310 , Page 208, dated January 2, 1947. Upon receipt of the above we expect that the public hearing on this matter will be held within the next four to six weeks. A copy of the legal notice as published in the Long Island Traveler-Watchman and Suffolk Times will be sent to you as confirmation following a resolution adopted by the Board. Please feel free to call at any time if you have any questions. Very trulo rs GERARD P. GOEHRINGER CHAIRMAN 4 tr L •J-o•�� cJ� �a..ut�, — �./.�.�XA( len-,.ti d._ea c! /" ,coo �uL.J. CY' /CJs-w-�s-->�-v-a� �.•--�•.,-.d.a.J cL�"e� �/ GrJ.eo! orf. 026 �. Cou.,�.�„ti-,�� ��S�FFOLI��oG Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE 1516) 7651809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI July 1988 J . Kevin McLaughlin , Esq . 828 Front Street , Box 803 Greenport , NY 11944 Re : Appl . No . 3708 - Turtle Associates ` Dear Kevin : Attached is a blank questionnaire , which should be completed and returned , together with: (a ) a copy of the contract of sale ; (b ) Letter of Consent from the current property owner ; (c ) recent photographs of the waterfront area ; (d ) copies of the previous deeds mentioned in the Chain of Title prepared by Terramara Abstract Inc. at Liber 4310 page 208 dated 1 /2/47 , and at Liber 8045 page 420 dated May 28 , 1976 . In reviewing the map and information recently furnished and shown on the July 14 , 1988 map prepared by Roderick Van- Tuyl , P.C . it appears that the Lots numbered 1 , 2 and 3 were merged in common ownership on and before May 28 , 1976 . It is presumed that the lot lines shown on this July 14 , 1988 map reflect those conveyances made on and after May 28 , 1976. In any event , this matter is expected to be held for a public hearing during the early part of August . Notice will be forwarded to you within the next week or two. Attached for your information are copies of communica- tions received recently in opposition to this project . Page 2 - Appl . No . 3708 To : J . Kevin McLaughlin , Esq . Re : Appl . of Turtle Associates July 1 ,_ 1988 Please forward the items listed in (a ) through (d ) , supra, as soon as possible in _order to complete the file . Yours very truly , GERARD P . GAEHRINGER CHAIRMAN By Linda Kowalski Enclosures oww nc V61cO7 8 Cum) J o i -A- w C- -1�L41 °, J!ly ha �-Ptii,�..c.Y_ me — �-r , `�" t�- Civ .t -DA, tL 69-t: dill,, DU _ Q 3,Ov a/ ,?. 0 r • • Mr. & Mrs. Jackson Lowell 1100 Marratooka Lane Mattituck, N.Y. 11952 To The Board of Appeals Town of Southhold January 22, 1988 Re: Petition of Turtle Associates We Mr. & Mrs. J. Lowell of 1100 Marratooka Lane have received a certified letter (as adjacent property owners) from Mr. J. Kevin McLaughlin attorney at law, representing Turtle Assoc., Mr. David Walker, owner. We bought the property we now own from the same Mr. & Mrs. David Walker in September of 1986 - at that time the adjoining property in 'question was also up for sale, represented as a legal building lot, for $42,000.00. We indicated our interest in buying it and asked and received from Mr. & Mrs. Walker a promise of first refusal for the property. We heard nothing from the Walkers for the next four months. We then received a note from Mr. Walker taped to our door asking us to contact him if we were still interested in the adjoining property. We did contact him and he asked us to make an offer for the property. We did not make an immediate offer as we did not know what the property was worth. We had looked up the status of the property in question and found that it was not shown on any record that could be found as a legal building lot. We are willing to buy it as additional property and keep it in its natural state. We feel that building on this long, narrow strip would constitute overcrowding, especially as it is directly on Marratooka lake. We are opposed to it for both environmental reasons and reasons of self-interest, as jamming a house on this narrow property would only act as a detriment to the character and property -1- values of the area surrounding M arratooka Lake. Just as the Walkers, who lived here many years, did not want a building jammed up against them, we ask that no building variance be allowed now. Yours truly, Eunice & Jackson Lowell Ice d� �c G -Ae -2- GARY FLANNER OLSEN COUNSELLOR AT LAW P. O. BOX 706 • MAIN ROAD • CUTCHOGUE. LONG ISLAND, NEW YORK 11935 • PHONE 516 734-7666 February 5, 1988 Re: Walker to Lowell Our File # 4409 Dear Mr. and Mrs. Lowell : Enclosed please find a letter addressed to me from Kevin Mc Laughlin dated February 4, 1988. Perhaps it would be best if you and Mr. Walker negotiate the purchase of this lot between yourselves and if you reach a meeting of the minds then contact my office for the appropriate contracts, etc. Very truly yours, s GFO: lmm GARY ANNER OLSEN `� ' Enclosure Mr, and Mrs. Jackson Lowell 1100 Marratooka Lane Mattituck, NY 11952 � n ATTORNEY AT LA 828 FRONT STREET,P.O.BOX 803 GREENPORT,NY 11944 (516)477.1016 February 4, 1988 Gary Flanner Olsen, Esq. PO Box 706 Cutchogue, NY 11935 RE: Walker to Lowell Dear Gary, Please be advised that I have discussed the contents of your letter to me dated January 29, 1988 , with my clients. They would be willing to entertain any offer which the Lowells wish to make. We would be looking for an all cash deal with the purchasers accepting the property in its present status. Very truly you s J Kevin McLau li JKM/lmt GARY FLANNER OLSEN COUNSELLOR AT LAW P. O. BOX 706 • MAIN ROAD • CUTCHOGUE, LONG ISLAND, NEW YORK 11935 • PHONE 516 734.7666 January 29, 1988 Re: Walker to Lowell Our File # 4409 Dear Kevin: I received a phone call from Mrs. Lowell who indicated that she would be interested in purchasing the Walker lot and has requested me to inquire with you as to whether or not it is available to purchase and the price, terms, etc. Let this also confirm that when you have the date of the public hearing you will contact my office before hand. Very truly yours, GARY FLANNER OLSEN GFO: lmm J. Kevin McLaughlin, Esq. 828 Front Street P. 0. Box 803 Greenport, NY 11944 cc: Jackson and Eunice Lowell 210 East 36th Street New York, NY 10016 GARY FLANNER OLSEN COUNSELLOR AT LAW P. O. BOX 706 • MAIN ROAD CUTCHOGUE, LONG ISLAND, NEW YORK 11935 • PHONE 516 734-7666 January 29, 1988 Re: Walker to Lowell File #4409 Dear Mr. and Mrs. Lowell : Please be advised that I have been in contact with Kevin McLaughlin, attorney for Walker (Turtle Associates) in connection with the above Zoning Board matter. The nature of his application is to have the town approve Mr. Walker' sllot as a valid building parcel for the construction of a single family residence since apparently at one time this lot had been "Set Off" without Planning Board Approval. Mr. McLaughlin does not know when the public hearing will take place but will advise me and I will relay the information to you. He s of seeking an Access Variance under Section 28A since same is not re fired due to the fact that the property is located on a public road. Very truly ours, GA N' j CSEN GFO: Imm / Jackson and Eunice Lowell 210 East 36th Street New York, NY 10016 Q�oc�VFFOU(�oli �c o� 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. ROBERT J. DOUGLASS JOSEPH H. SAWICKI July , 1988 J . Kevin McLaughlin , Esq . 828 Front Street , Box 803 Greenport , NY 11944 Re : Appl . No. 3708 - Turtle Associates Dear Kevin : Attached is a blank questionnaire , which should be completed and returned , together with : (a) a copy of the contract of sale ; (b ) Letter of Consent from the current property owner ; (c ) recent photographs of the waterfront area ; (d ) copies of the previous deeds mentioned in the Chain of Title prepared by Terramara Abstract Inc . at Liber 4310 page 208 dated 1 /2/47 , and at Liber 804.5 page 420 dated May 28 , 1976 . -- In reviewing the map and information recently furnished and shown on the July 14 , 1988 map prepared by Roderick Van- Tuyl , P .C . it appears that the Lots numbered 1 , 2 and 3 were merged in common ownership on and before May 28 , 1976 . It is presumed that the lot lines shown on this July 14 , 1988 reflect those conveyances made on and after May 28 , 1976 . In any event , this matter is expected to be held for a public hearing during the early part of August . Notice will be forwarded to you within the next week or two. Attached for your information are copies of communica- tions received recently in opposition to this project. Page Z - Appl . No . 3708 To : J . Kevin McLaughlin , Esq . Re : Appl . of Turtle Associates July 1 , 1988 Please forward the items listed in (a) through (d ) , supra, as soon as possible in order to complete the file . Yours very truly , GERARD P . GOEHRINGER CHAIRMAN By Linda Kowalski Enclosures • 0 S�FFOUr�, , r Southold Town Board of Appeals 1 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. August 16, 1988 1 SERGE DOYEN, JR. JOSEPH H.SAWICKI _ TO: Southold Town Planning Board YArs, Valerie Scopaz, Planner Ms. RE: Matters Involving P.B. , September Hearings Calendar / Attached for your convenience is a list of our upcoming applications, some of which will involve Planning Board site-plan review. If you choose to submit written comments on 'any of these files, please transmit same to our office no later than September 8th. Your cooperation is appreciated. 0 ,U' +rYvri`-�-�2t.:�r'.�°-s=• .-.:G'y"`L'. �"�^�'Mf�Z�7!!�v ./ I �y ::✓t til/ ::N'. Y I ' i `' i GU�F�3LYn �, L Southold Town * w �� 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 .. .. New Applications Under Review and Calendared for Hearings: Appl. No. 3746(V) - JOSEPH HARDY AND OTHERS. 1000-114-11-5 Also requires site-plan review by Planning Board. Input not R-:�-,,vlV-z4V . received. 100-31. Appl. No. 3746(SE)- JOSEPH HARDY AND OTHERS. 1000-114-11-5 1 Also requires site-plan review by Planning Board. Input not received. C-Light Zone District. Uses by Special Exception. Appl. No. 3758 - THEODORE KUDLINSKI. Addition to dwelling. A Zone. 1000-78-9-50 Appl. No. 3759 - TONY SCARMATO, INC. 100-119.2. Residential Zone. 1000-31-16-9 Appl. No. 3760(SE) - ELSIE D. YOUNG. 100-30B(15) . Special Exception for Accessory Apartment. Residential Zone. 1000-78-1-10.3. Appl. No. 3761(V) - ELSIE D. YOUNG. Does not require P.B. review for Variance. Residential Zone. 1000- 78-1-10.3. r�r. " - Apel. No. 3762(SE) - ROBERT AND DIANNA BAKER. Does require P.B. review for Bed and Breakfast Use. 100-30B( 16) . Residential Zone. 1000-55-6-9. Boisseau Avenue, Southold. Appl. No. 3763 - JOHN J. JESSUP. Addition at East Road, Cutchogue. 100-31. Residential Zone. 1000-110-7-15 Appl. No. 3764 - DENNIS O'BRIEN by Allan Shope. 100-32 and 100-119.2. Residential Zone. 1000-3-3-3. 5 Appl. No. 3765 - JOSEPH SPITALIERE. Residential Zone. Frontyard setback variance. 1000-90-4-14. Appl. No. 3767 DAVID STRONG d/b/a STRONG'S MARINA. _-'AW mm Interpretation of extent of uses. (P.B. review not required. ) 1000-122-9-6.2 (6.1 and 3) and 44.2 Page 2 - New Applications Under Review and Calendared for Hearings Appl. No. 3768 —FRANK AND SANDRA CURRAN. Residential Zone. Variance under 100-31. 1000-111-01-016 Appl. No. 3769 - CUTCHOGUE FARMS LTD. (GRISTINA VINEYARDS) . Residential Zone. Special Exception for Winery. Also required P.B. review for site-plan approval. 1000-109-01-013. 48.343 acres on Main Road, Cutchogue. E, Port of Egypt - S/s Main Road, Southold. Special Exception and Variance for substantial new boat-storage building is held in abeyance pending appropriate filing fees, filing with P.B. and :t-�" Trustees for appropriate department reviews., ;;/ %tet Appl. No. 3708 - DAVID WALKER and TURTLE ASSOCIATES. Residential Zone. 1000-115-3-18.3, 18.4, 18, 18.1. 100-31 as to insufficient area of lot as exists and divided without Planning 4� Board approval. Single-and_-eparate se-arch__is_part_ of Z.B.A._„ c''tj ' file. (J. Kevin McLaughlin, Esq. met with Planning Board office + * tom` prior to filing with Z.B.A. ) .;tipwz uao=•- cz �\ �_J ATTORNEY A 828 FRONT STREET, P.O. BOX 803 GREENPORT,NY 11944 (516)477-1016 7 x .11 January 27 , 1988 Southold Board of Appeals Main Road Southold, NY 11971 RE: VARIANCE FOR TURTLE ASSOCIATES Dear Rita: Persuant to our telephone conversation, I have enclosed the first four items on the list contained in your letter to me dated January 21 , 1988 . Very trul o s, J, in cl, g li JKM: lmt Enclosure QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED 14ITH YOUR APPLICA_110. rORIIS TO T 1t BOARD Ur ;P LS Please complete , sign and return to the Office of the Board of Appeals with your completed application forms . If " Yes " is answered to any questions below , please be sure to depict these areas on your survey (or certified sketch ) , to scale , and submit other supporting documenta- tion. 1 . Are there any proposals to change or alter land contours ? Yes N 2 . a) Are there any areas which contain wetland grasses ? (Attached is a list of the wetland grasses defined by Town Code , Ch . 97 for your reference . ) Yes P*b) Are there any areas open to a waterway without bulkhead ? Yes N 3. Are there existing structures at or below ground level , such as patios , foundations , etc? Yes N, 4 . Are there any existing or proposed fences , concrete barriers , decks , etc? Yes N 5• " 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 -N, 6 . 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 N or were f/ere. 7 . Are therekother premises under your oti•rnership abutting this parcel ? If .yes , please submit copy of deeds Yes N 8. Are there any building permits pending on this parcel (or abutting land under your ownership , - if any ) ? Yes Ne 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 Nc Town Board Yes Nc Town Trustees Yes N; County Health Department Yes N Village of Greenport Yes Nc W . Y . S . D . E. C. Yes NI Other Yes Nt 10. Is premises pending a sale or conveyance ? - If yes , please submit copy of names or purchasers and conditions of sale . (from _contrac_t ) . Yes N 11 , Is new construction proposed in the area of contours at 5 feet or less as exists ? Yes Nc 12 : If new construction is proposed in an area within 75 feet of wetland grasses , or land area at an eleva- tion of five feet or less above mean sea level , have you made application to the Tot-in Trustees for an inspection for possible waiver or permit under Yes Nr the requirements of Ch 97 of the Torn Code ? 13_ Please list present use or operations conducted upon the subject property at this tiine and proposed — *Please submit photo ra its for the record of w TErfro�I AREH wµEv q✓aicR6eL�, I certify that the above statements are true and are being submitted for reliance by the Board of Appeals in considering my application . v Signature ( property U:rner ) Authorized ;lgent ) 3/37 1k § 97-13 WETLANDS § 97-13 • TOWN — The Town of Southold. TRUSTEES — The Board of Trustees of the Town of Southold. [Added 6-5.84 by L.L. No. 6-19S41 WETLANDS [Amended 8-20-76 by L.L. No. 2-1970; 3-20- 85 by L.L.No. 0-19851: A. TIDAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with, or which border on, tidal waters,or lands lying beneath tidal waters, which at mean low tide are covered by tidal 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, flats and tidal marsh subject to such tides and upon which ;;rows or may grow some or any.of the following: salt hay, black f grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundscl, marshmallow and low march cordgrass;and/nr _ - (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 the nuc+t I:mdv:aid edge of such a tidal wetland. 13. FR ESIIV,ATERWETLANDS: (1) "Freshwater wetland," ;Is defined in Article 2.1, 1•i- tle 1, § 2.1-0107, Subdivisions 1(a) to 1(d) inclusive, of the Ent•ironntenud Conservation Law of the State _ of New York; and (2) All land immediately adjacent to a"freshwater wet. land,"as defined in Subsection 13(1)and lying with- in seventy-five (75) feet landward of the most land. ward edge of a"freshu'ater wetland.,, ' 9703 OOUTHOLD TOWN BOARD OF APPEALS! (516) 765-1809 INSTRUCTIONS VARIANCE OR SPECIAL EXCEPTION APPLICATIONS Please submit the following at the time of filing your application: 1 . Notice of Disapproval from the Building Inspector (after submitting your proposal in writing for his review under the zoning regulations). Application in triplicate (typed or neatly printed) . Be sure to complete the entire form, including the following: a. Permission or relief requested. b. Street Address , Hamlet, Name of Subdivision (if any) , County Tax Map Number (from Notice of Disapproval ). C. Zone District (from Building Inspector' s Office) . d. Current owners ' names and addresses. If you are an agent or interested party, please submit written authorization from owners. If the applicant or the owner/interested party is a corporation, please furnish Disclosure Affidavit. e. Variance forms must include difficulties or hardship imposed by strict compli- ance of the zoning regulations (reverse side of Form ZBI ). f. Special Exception Form ZB2 must include uses and activities existing and those proposed on this form as well as on the site maps under consideration. g. Applications for signs must include general wording of sign, exact size, loca- tion on the premises , written consent of property owners if applicant is not �the owner of the property, etc. (. The Article and Sections of the Code applicable must be furnished (see Notice of Disapproval form). 03 Notice to Adjoining Property Owners Form: a. Confirm current abutting owners' mailing addresses (as shown on Assessors tax rolls) . Please include owners of abutting private roads. b. Send one copy (front side completed) together with copy of survey or map to each abutting landowner by Certified Mail (postmarked by Post Office) . c. Return one completed form, signed and notarized on reverse, together with 2stmarked Certified-Mail Receipi to the Board of Appeals. (Form to be filTe�out exactly as those sent to the adjoining property owners. ) 0 Environmental Assessment Form (Short and/or Long Forms) completed and signed. LIf yes ox is checked, a ditional forms will be necessary. See Z.B.A. Clerk. ] C.../ Z.B.A. Questionnaire. If "yes" box is checked, please furnish additional information. ease sign 7 orm. 6. If the subject property: a. Fronts along a waterway, freshwater or saltwater area, please be sure to submit applications to the Town Trustees and N.Y.S. Department of Environmental Con- servation as soon as possible [subdivisions included]. If applications are pending, please confirm status and upp.,�atg� Abuts other property that you own;�(YpTease furniscopies of the current deed �y and a single-and-separate title search from a title insurance company or Suffolk County Clerk' s Office. [This information may be submitted any time prior to the public hearing as soon as available. ] c 1 Involves a subdivision, lot-line change, commercial use, or other project also under review by the Planning Board, please be sure to obtain written comments from the Planning Board for coordination with the Z.B.A. as early as possible. [Planning Board 765-1938] d. Involves an increase in density such as multi-dwellings , motels , subdivision or set-off division, please submit copy of County Health Department Article 6 approval (and updates) when available. 7. Copies of: a. current, or available, Certificate of Occupancy (from Building Inspector) , and b. current deed s[`) , c. building floor plan, height of structure, etc. I N per¢ c/ /4*re_(0JJ /O/ G LA✓t46?r. jB! Four original prints of survey or plan (certified to scale) showing -exiSt-444-9 `'.w1 l)-i6no-proposed structures , their setbacks from property lines , patios, raised decks , fence enclosures , uses of all structures , size of lot, square footage and dimensions of the entire new proposed construction, percentage of lot coverage including pool , deck, patios (if any). 9. $150.00 filing fee [payable to "Southold Town Clerk"]. Please submit your packet o t e Z. B.A. Office for initialing before payment is submitted to the Town Clerk' s Off 19: -Please flag all outside corners of proposed construction for on-site inspections as early as possible. Photographs of areas of proposed construction (and areas seaward ;if near wetlands) shouTJ_Fe submitted at least 10 days before the hearing date. Written notification will be forwarded to you by way of a copy of the Legal Notice of hearing (as published in the Suffolk Times and Long Island Traveler-Watchman) . The hearing will be held at the Southold Town Hall , Main Road, Southold, at the time allotted in the Legal Notice. (The hearing will not start before the time given. ) Please feel free to call our office if you have any questions. 765-1809. Rev. 1/881k o Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.L. N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN,JR. ROBERT J. DOUGLASS JOSEPH H.SAWICKI January 21 , 1988 J . Kevin McLaughlin , Esq . 828 Front Street , Box 803 Greenport , NY 11944 Re : Variance Application for Turtle Associates/David Walker Dear Mr. McLaughlin: This letter will confirm that the above application with relevant attachments has been received and deemed at this time incomplete pending receipt of the following : kc1 . Insertion on the variance application of the Article and Section of the Code under which this appeal is made (#2.) ; �2. Postmarked Certified-Mail Receipts (for the adjacent property .owners of this lot and the owners adjacent to the portion from which the set-off is made ) ; 3. Completed and signed Short Environmental Assessment �z Form (attached ) ; RC O�- 4. Z. B.A. Questionnaire (attached ) together with additional _ submissions where applicable; 5. Single and separate title search issued by either a title insurance company or the Suffolk County Clerk ' s Office {`4� / which would include the history of conveyances between 1957 ry\ and 1988 involving this parcel ; —6 . Map showing the portion of the premises from which this VtL parcel is being set-off; Page 2 - January 21 ,988 • Matter of Turtle Associates/Walker To : J . Kevin McLaughlin , Esq . 7 . Written comments from the Planning Board (or Town Planner) following your submission of the Division Map [for appropriate coordination as applies to their jurisdiction] ; ( we) 8 Disclosure affidavit together with copy of the Contract \_ of Sale concerning these premises . Unless otherwise requested , we will file the papers sub- mitted with the understanding that the application is incomplete pending receipt of the above items . Please keep us advised. Yours very truly , GERARD P . GOEHRINGER CHAIRMAN lk Enclosures cc : Planning Board o��FFO(/rc0 oma, V3 Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 October 26 , 1988 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN S.E.Q.R.A. CHARLES GRIGONIS, JR. SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION ROBERT:1. nn JOSEPH H. SAWICKI Notice of Determination of Non-Significance James Dinizio, Jr. APPEAL NO. : 3708 PROJECT NAME: DAVID WALKER/TURTLE ASSOCIATES This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law ([44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [XJ Type II [ J Unlisted [ J Exempt DESCRIPTION OF ACTION: For approval of parcel as exists with insufficient lot area and width LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 1300 Marratooka Lane, Mattituck, NY 115-3-18. 3 REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The relief requested is not directly related to new con- struction as regulated by Section 617. 13 for a lot-line or area variance. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802 . Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. me �UFrOLX ry 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. AQBE ,00116.6 & JOSEPH H. SAWICKI James Dinizio, Jr. TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN r- STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) Christina Contento of Mattituck, in C said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed Is a printed copy,has been regularly published in said Newspaper once each week for I weeks successively, commencing on the 20 day of October 19 88 Principal Clerk Swoon to before me this I . MARY K $tate at NeH York day of r"� 79=pgv PUt LIG Sufio:k t,ounty 849860 19 Februarys NY;County Tax Map District 1000, percent- Location of Property: 1060 store uses,all as shown on.the Au- Logal Notices Section 87,Block 3,Lm S. Moose's Lane,Greenport,NY;East- gust 4, 1988 Site Plan. 7:45 p.m. Appl. No. 3772 - em Shores Subdivision, Section 3, Appl.No.3782-Variance to the NOTICE OF HEARINGS JOHN G. PHILIPPIDES. Variance Lot 99; County Tax Map District Zoning Ordinance,Article VIII,Se NOTICE IS F HEA GIVEN, to the Zoning Ordinance,Article XI, 1000,Section 33,Block 2,Lot 43. tion 100-80 for pemounco to on, L1 Section 100-119.2 for permission to 8:05 p.m. Appl. No. 3786 - existing building to retail (grocery) Is-quant tb Section 267 of the Town construct deck addition at rear of ex- MARION SACCONE. Variance to store,which is no listed as a permit- Law and the Code of the Town of isting dwelling with an insufficient the Zoning Ordinance, Article III, ted use in this"C-Light Industrial" O>>rn Southold,the following hearings will setback from existing bulkhead. Lo- Section 100-30,for permission w re- Zone District, in addition to the 'u . r .ryo C be held by the rHO . TOWN cation of Property: South Side of Old place nonconforming trailer with new existing sales use(of gasoline and O l87 BOARD OF APPEALS at a Regular Cove Road,Southold,NY;County single-family dwelling,in addition to diesel)and proposed new building for 1 m C O Meeting at the Southold Town Hall, Tax Map District 1000,Section 52, the established dwelling structures and automobile servicing. > Main Road,Southold,NY 11971,on Block 2,Lot 10.1. uses. Location of Property: 66075 8:30 p.m. Appl. No. 3708 WEDNESDAY.OCTOBER 26.1988 7:50 p.m. Appl. No. 3785SE - C.R.48,Greenport,NY;County Tax DAVID WALKERn URTLH ASSO- ,O j O at the following times: RAYMOND NINE and CHARLES Map District 1000,Section 40,Block CIATES. Variances to the Zoning p 7:30 p.m. Appl. No. 3773 - ZAHRA. Special Exception to the 2.Lm 7. Ordinance,Article IIT,Section 100- GRETCHEN K.HEIGL Variance to Zoning Ordinance,Article III,Section 8:10 p.m. Appl. No. 3762 - 311 for approval of parcel as exists the Zoning Ordinance, Article III, ` 100-30B(16) for permission to es- ROBERT G. AND DIANNA with insufficient lot area and width Section 100-31for permission to tablish"Bed and Breakfast Use,""an BAKER. Bed and Breakfast proposal, and more particularly described in coroner deck to porch,leaving an in- owner-occupied building,other than a 2900 Boisseau Avenue, Southold; Deed at Liber 8721 page 433 dated sufficient setback from the hotel,where lodging and breakfast is 1000-55-6-9. (Recessed from October October 25,1979,having been set-off south(westerly)property line. Loca- provided for not more than six casual, 6,1988). without Planning Board approval. tion of Property: Private Right-of- transient roomers,and renting of not . 8:15 p.m. JOSEPH A. Location of Property: 1300 Way extending off the North Side of more than three rooms. Location of STOCKEN/M & N AUTO, INC. Marratooka Lane, Mattituck, NY; Soundview Avenue,Southold,NY; Property: North Side of New Suffolk Location of Property: South Side of County Tax Map District 1000, Cotmty Tax Map District 1000,Sec- Avenue,Mattituck,NY;County Tax Front Street(Route 25),Greenport, Section 115, Block 3, Lot 18.3 tion 68, Block 1,northerly pan of Map District 1000, Section 114, NY;County Tax Map District 1000, (previously pan of 18.2). Lot 14(now 14.1). . Block 11,Lot 20. Section 45,Block 6,Lot 5: The Board of Appeals will at said 7:40 p.m. Appl. No. 3784 - 7:55 p.m. Appl. No. 3777 - I Appl. No. 3783SE - Special Ex- time and place but any and all per- JAMES YOUNG. Variance to We CARL J.AND RUTH V.NELSON. ception in We Zoning Ordinance,Ar- sons or representatives desiring to be Zoning Ordinance,Article III,Section Variances to We Zoning Ordinance, title VIII,Section 100-80 for expan- heard in each of the above matters. 100-31 for permission to construct Article III,Sections 100-31 and 100- sion of We present property by the Written comments may also be sub- addition to dwelling with insufficient 32,and Article XI,Section 100-119.1 - addition of a new building to be uti- milted prim to the conclusion of We from yard setbacks from We westerly for permission to construct tennis lized for We existing automobile ser- subject hearing.Each hearing will not and southerly property lines.Location court with 10-ft high fencing in We vice station and public garage, in start before We time allotted. For of Property:NE/s Mmnehaha Boule- frontyard area and total lot coverage in addition to We continued sales of more information, please call 765- vard at"Laughing Waters,"Southold, excess of the maximum-permitted 20 gasoline and proposed mfail(grocery) 1809. STATE OF NEW K) )SS: • COUNTY OF SUFFOLK) Christina C'onteni-o of Mattituck, in C said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed Is a printed copy,has been regularly published in said Newspaper once each week for 1 weeks successively, commencing on the 20_ day of October 19 88 Principal Clerk 1�Swoon 2bere me this 19 l MARY K.DEGNAN day of S�,tolkNcounly No 4,y 49860 19�r NY;County Tax Map District 1000, percent. I.ocauon of Property: 1060 store uses,all as shown on.the Au- Legal NotiC@S Section 87,Block 3,La 8. Moore's Lane,Greenport,NY; East- gust 4, 1988 Site Plan. 7:45 p.m. Appl. No. 3772 - em Shores Subdivision, Section 3, Appl.No. 3782-Variance to the + JOFIN G. PHIIJPPIDES. Variance Lot 99; County Tax Map District Zoning Ordinance,Article VIII,Sec- NOTICE OF HEARINGS ,o the Zoning Ordinance,Article XI, 1000,Section 33,Block 2,Lot 43. tion 100-80 for permission to convert NOTICE IS HEREBY GIVEN, Section 100-119.2 for permission to 8:05 p.m. Appl. No. 3786 - existing building.to retail (grocery) p.ow nt too-66cuon 267 of the Town construct deck addition at rear of ex- MARION SACCONE. Variance to store,which is not listed as a permit- Law and the Code of the Town of fisting dwelling with an insufficient the Zoning Ordinance, Article III, ted use in this"C-Light Indua,iel• Southold,the following hearings will setback from existing bulkhead. Lo- Section 100-30,for permission to re- Zone District, in addition to the be held by the SOUTHOLD TOWN cation of Property: South Side of Old place nonconforming trailer with new existing sales use(of gasoline and BOARD OF APPEALS at a Regular Cove Road, Southold,NY; County single-family dwelling,in addition to diesel)and proposed new building for Meeting at the Southold Town Hall, Tax Map District 1000,Section 52, the established dwelling structures and a obile servicing. Main Road,Southold,NY 11971,on Block 2,Lot 10.1. uses. Location of Property: 66075 8:30 p.m. Appl. No. 3708 - WEDNESDAY OCTOBER 26-1988 7:50 p.m. Appl. No. 3785SE - C.R.48,Greenpop,NY;Camty TuILocation ID WALKER/IVRTLE ASSO- at the following times: RAYMOND NINE and CHARLES Map District 100q,Section 40,BlockTES. Variances to the Zoning 7e f lowi Appl. No. 3773 - ZAHRA. Special Exception to the 2.Lot 7. I nance,Article 1II,Section 100- GAETCHEN K.HIIGL Variance to Zoning Ordinance,Article III,Section 8:10 p.m. Alpl. No. 3762 - or approval of pastel sa exists the Zoning Ordinance, Article III, 100-30B(16) for permission to es- ROBERT G. AND DIANNA insufficient lot area and width Section 100-31 for permission ro tablish"Bed and Breakfast Use,""an BAKER. Bed and Breakfastproposal, more particularly described in connect deck to porch,leaving an in- owner-occupied building,other than a 2900 Boisseau Avenue, Southold; at Liber 8721 page 433 dated sufficient setback from the hotel,where lodging and breakfast is 1000-55-&9. (Recused Donn Octoberber 25,1979,having been set-off south(westerly)property line. Loc&- provided for not more than six casual, 6,1988). y out Planning Board approval. tion of Property: Private Right-of- transient roamers,and renting of not 8:15 p.m. {OSEPH A. ation of Property: 1300 Way extending off the Noah Side of more than three moms. Location of STOCKEN/M k N AUTO, INC. ratoalka Lane, Mattituck, NY;Soundview Avenue,Southold,NY; Property: North Side of New Suffolk Location of Properly: South Side ofnty Tax Map District 1000,Canty Tax Map District 1000,Sec- Avenue,Mauimck,NY;County Tax Front Street (Route 25),Greenport, ion 115, Block 3, Lo 18.3tion 68, Black 1, northerly pan of Map District 1000, Section 114, NY;County Tax Map District 1000, iously pan of 18.2). Lot 14(now 14.1). . Block Il,Lot 20. Section 45,Block 6,Lot 5: a card of Appeals will a said 7:40 p.m. Appl. No. 3784 - 7:55 p.m. Appl. No. 3777 - Appl. No. 3783SE . Special Ex- time and place hear any and all per- JAMES YOUNG. Variance to the CARL J.AND RUTH V.NELSON. ception to the Zoning.Ordinance.Ar- sons or representatives desiring to be Toning OrdinanceArticle III,Section Variances to the Zoning Ordinance, title VIII,Section 100.80 for expan- heard in each of the above matters. 100-31 for permission to construct Article III,Sections 100-31 and 100- sion of the present property by the Written comments may also be sub- addition to dwelling with insufficient 32,and Article XI,Section 100119.1 - addition of a new building to be uti- milted prior to the conclusion of the front yard setbacks from the westerly for permission to construct tennis lized for the existing automobile ser- subject hearing.Each hearing will not and southerly property lines.Location court with 10-ft.high fencing in the vice station and public garage, in start before the time allotted. For of Property:NE/s Minnehaha Boule- frontyatd area and tool let coverage N addition to the continued sales of more information, please call 765- vard at"Laughing Waters,"Southold, excess of the maximum-permitted 20 gasoline and proposed retail(grocery) 1809. Dated:October 6.1988. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P.GOEHRINGER, CHAIRMAN 6087-1T020 By Linda Kowalski NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section COUNTY OF SUFFOLK 267 of the Town Law and the STATE OF NEW YORK ss: Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS Patricia Wood, being duly sworn, says that she is the at a Regular Meeting at the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, Southold Town Hall, Main Road, Southold, NY 11971, on a public newspaper printed at Southold, in Suffolk County; WEDNESDAY,OCTOBER 26, and that the notice of which the annexed is a printed copy, 1988 at the following times: has been published in said Long Island Traveler-Watchman 7:30 p.m. Appl. No. 3773- once each week for . . . . . . . . . . . . . . . . . . . . �. . . . . weeks GRETCHEN K. HEIGL.Vari- ance to the Zoning Ordinance, ,.t C` Article III,,,Section 100-31 for successively, commencing on the . . . . . . . . . . . .... permission to connect deck to porch, leaving an insufficient setback from the south wester) ny property line. Location of Pro- Perry: Private Right-of-Way ex- tending off the North Side of J • • • • . . . .1.. . . . . . . . Soundview Avenue, Southold, NY; County Tax Map District 8:10 p.m. Appl. No. 3764. 1000,Section 68,Block 1,north- ROBERT G. and DIANNA erly part of Lot 14 (now 14.1). BAKER. Bed and Breakfast. . ' . . . . . . . . 7:40 p.m. Appl. No. 3784= proposal, 2900 Boisseau Ave- :his . . . . . . . . . day of . . JAMES YOUNG. Variance to nue,Southold; 1000-55-6-9.(Re- the Zoning Ordinance, ArticjE/" cessed from October 6, 1988). C 111, Section 100-31 for permis- 8:15 p.m.JOSEPH A.STOC. . . • . . , 19 sion to construct addition to KEN/M&N AUTO, INC. Loca- dwelling with insufficient front tion of Property: South Side of yard setbacks from the westerly Front Street(Route 25),Green- and southerly property lines. port, NY,County Tax Map Dis- - - - - Location of Property: NEA trict 1000, Section 45, Block 6, .� Minnehaha Boulevard at Lot 5: . . • ' • • ' ' . . . • . . . . . . . . . . . . . • . "Laughing Waters" Southold, Appl. No. 3783SE-Special Notary Public NY; County Tax Map District Exception to the Zoning Ordi- 6A^BARA A. SCHi,: 1000,Section 87,Block 3,Lot 8. nance, Article Vlll, Section i1ARY PUBLIC, State r 7:45 p.m. Appl. No. 3772- 100-80 for expansion of the pre- No. 4806840 -JOHN G.PHILIPPIDES.Vari- sent property by the addition of C,_Aitied in Suffolk -y ance to the Zoning Ordinance, a new building to be utilized for Commission Expires the Article XI,Section 100-119.2 for existing automobile service permission to construct deck ad- station and public garage,in ad- dition at rear of existing dwell- dition to the continued sales of ing with an insufficient setback gasoline and proposed retail from existing bulkhead. Loca- (grocery)store uses,all as shown tion of Property: South Side of on the August 4, 1988 Site Plan. Old Cove Road,Southold, NY; Appl. No. 3782-Variance to County Tax Map District 1000, the Zoning Ordinance, Article Section 52, Block 2, Lot 10.1. Vlll,Section 100-80 for permis- 7:50 p.m. Appl. No. 3785 sion to convert existing building SE-RAYMOND NINE and to retail(grocery)store,which Is CHARLES ZAHRA. Special not listed as a permitted use in Exception to the Zoning Ordi- this"C-Light Industrial" Zone nance, Article 111, Section District,in addition to the exist- 100-30B[161 for permission to ing 'sales use (of gasoline and establish "Bed and Breakfast diesel)and proposed new build- Use;'"an owner-occupied build- ing for automobile servicing. xC ing,other than a hotel, where 8:30 p.m. Appl. No. 3708- // i lodging and breakfast is provid- DAVID WALKER/TURTLE � el-2 rr, i' ed for not more than six casual, ASSOCIATES. Variances to the transient roomers, and renting Zoning Ordinance, Article 1I1, of not more than three rooms. Section 100-31, for approval of Location of Property: North parcel as exists with insufficient Side of New Suffolk Avenue, lot area and width and more Mattituck, NY; County Tax particularly described in Deed at Map District 1000,Section 114, Liber 8721 page 433 dated Oc- Block 11, Lot 20. ... tober 25, 1979,having been set- 7:55 p.m. Appl. No. 3777- off without Planni ig Board ap- CARL L and RUTH V. NEL proval. Location of Property: SON. Variances to the Zoning 1300 Marratooka Lane, Matti- Ordinance,Article III,Sections i tuck,NY;County Tax Map Dis- 100.31 and 100-32, and Article Vitt 1000,Section 115, Block 3, XI,Section 100.119.1 for permis- Lot 18.3 (previously part of sion t onstruct tennis court 18.2). with o-ft;high fencing in the The Board of Appeals will at frontyard area and total lot said time and place hear any and coverage in excess of the maxi- all persons or representatives de- mum-permitted 20 percent. siring to be heard in each of the Location of Property: 1060 above matters. Written com- Moore's Lane, Greenport, NY, ments may also be submitted Eastern Shores Subdivision, prior to the conclusion of the Section 3, Lot 99; County Tax subject hearing. Each hearing Map District 1000, Section 33, will not start before the time al- Block 2, Lot 43. lotted. For more information, 8:05 p.m. Appl. No. 3786- please call 765-1809. MARION SACCONE.Variance Dated: October 6, 1988. to the Zoning Ordinance, Arti- BY ORDER OF cle 111,Section 100-30, for per- THE SOUTHOLD TOWN mission to replace nonconform- BOARD OF APPEALS ing trailer with new single-family GERARD P. GOEHRINGER, dwelling, in addition to the es- CHAIRMAN tablished dwelling structures and By Linda Kowalski uses. Location of Property: IX, 10/20/88 (3) 66075 C.R. 48, Greenport, NY; County Tax Map District 1000, Section 40, Block 2, Lot 7. TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE .....�.yf d ......... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1 (We) Turtle Associates .of ......, 2,105 Park u Avene Name of A ellont Street and Number Mattituck ......NY.................HEREBY APPEAL TO ...................................................... Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. .................................... DATED ...:.AuBust 13, 1987 ............................ WHEREBY THE BUILDING INSPECTOR DENIED TO William H. Price, Jr. , as counsel for David Walker .................H............................................................ . Name of Applicant for permit of 828 Front Street Green ort,,,,,,,, New York . ... .... P ................. YR.r.k.................... Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( X) PERMIT TO SUBDIVIDE 1. LOCATION OF THE PROPERTY .....1,300 Maratooka La ........r.................. ..ne........................................................... Street /Hamlet / Use District on Zoning Map District 1000 Section 115 61 ock o3 Lot 18.3 ...............Current Owner David Walker Mop No. 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.) Article Section 100-31 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (X ) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (has not) been 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 andwas made in Appeal No. ................................Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X ) A Variance to the Zoning Ordinance is requested for the reason that the parcel, which has been previously been set—off without Planning Board approval is insufficient in width and area. Form zst (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because this parcel has been previously set—off without Planning Board approval and is in separate and single ownership. Without this variance, the property would be virtually useless and without value. 2. The hardship created is UNIQUE and is not shared by all properties ohke in the immediate vicinity of this property and in this use district because of the unique history of the set—off and transfer of the property without obtaining requisite approvals. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the size of the parcel is similar to most of the other parcels in the area and, in fact, larger than many. 1� STATE OF NEW YORK ) ss ..... ..... .. .. ...................:.... ............... ... ... .... COUNTY OF > J Kevin Mc Signature Attorn y/ gent Sworn to this .............I...(.. v................. do ......... anuarY y of . .............................. 1988 _......... ��Gf/1 f e,... �.o! + a { G`J......... Notary Public LAURIE E.GRAEB Notary Public,State of New York No.4821818,Suffolk County Term Expires September 30, 1988 BOARD OF APPEALS, TOWN OF SOUTHOLD I In the Matter or the Petition of TURTLE ASSOCIATES NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: 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 fequest a arianc (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: 1300 Marratooka Lane, Mattituck, New York Ii Tax Map No. 1000-115-03-18.3 3. That the property which is the subject of such Petition is located in the following zoning district: A Residential-Agriculture 4. That by such Petition, the undersigned will request the following relief: Article III Section 100-31 Bulk and Parking - insufficient area 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Section 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 may then and there examine the same during regular office hours. (516) 745-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: 1/15/88 TURTL ASSOC S C Pet ier Owne ' Names : David C. 4ker Post ffice Address C J. Kevin McLau hlin Es . PO Box 803, 828 Front Street Greenport, New York 11944 I .4=z s, PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS Jackson and Eunice Lowell 1100 Marratooka Lane Mattituck, New York 11952 Elaine E. Cuddy Marratooka Lane Mattituck, New York 11952 P 427 459 947 o Elaine E. Cuddy � r Mr. and Mrs. J. Lowell Marratooka Lane 1100 Marratooka Lane Mattituck, NY 11952 n Mattituck, NY 11952 a� as �s Ts m �y 7oCrol U Cry7 4 � b o " W LL ' aj STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK) Laurie E. Graeb residing at 4780 Ole Jule Lane, Mattituck, New York . being duly sworn, deposes and says that on the 15th day Of January 11988 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- fice at Mattituck. New York ; that said Notices were mailed to each of said persons by (certified) ( mail. Sworn to before is 1 day "ua 8 e Not P lic 'pork My COMM.S5L . (This side does not have to be completed on form transmitted to adjoining property owners . ) f i ' UESTIONNAE TO BE COMPLETED AND SUBMITTED WITH YOUR APPLIIRCATION FORMS TO THE BOARD OF APPEALS Please complete , sign and return to the Office of the Board of Appeals with your completed application forms . If "Yes " is anSwered to any questions below , please be sure to depict these areas on your survey (or certified sketch ) , to scale , and submit other supporting documenta- tion. 1 . Are there any proposals to change or alter land contours ? Yes to 2 . a ) Are there any areas which contain wetland grasses ? (Attached is a list of the wetland grasses defined by Yes Town Code , Ch . 97 for your reference . ) *b ) Are there any areas open to a waterway without bulkhead ? Oe 1 3. Are there existing structures at or below ground level , such as patios , foundations , etc? Yes 4 . Are there any existing or proposed fences, concrete barriers , decks , etc? Yes 5 . 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 6. 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 7 . Are there other premises under your ownership abutting this parcel ? If .yes , please submit copy of--deed . Yes 8. Are there any building permits pending on this parcel (or abutting land under your ownership , - if any ) ? Yes 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 h Town Board Yes Town Trustees Yes County Health Department ( N 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 ) . t 11 . Is new construction proposed in the area of contours at 5 feet or less as exists7 Yes N 12 . If new construction is proposed in an area within 75 feet of wetland grasses , or land area at an eleva- tion of five feet or less above mean sea level , have you made 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 property at this time and proposed �s�st� *Please submit photographs for e record . I certify that t e a s n n s are true and are being submitted for reliance b Bo d f Appe n cons dering my applicati n . Si iatu e Prop . ty mer Authorized Agent 3/27 lk § 97-13 WETLANDS § 97-13 TOWN — The Town of Southold. TRUSTEES — The Hoard of Trustees of the Town of Southold. [Added 6-5.84 by L.L. No. 6.19841 WETLANDS [Amended 8.26-76 by L.L. No. 2-1976; 3-26- 85 by L.L.No.6-1985]: A. TIDAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with,or which border on, tidal waters,or lands lying beneath tidal waters, which at mean low tide are covered by tidal watcr4 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, flats and tidal marsh subject to such tides and upon which j;mws or may grow some or any of the following: salt hay, black ( grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel, marshmallow and low 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 the mast landward edge of such a tidal wetland. 13. FRESIIWATER WETLANDS: (1) "Freshwater wetland," as defined in Article 21. Ti- tle 1, § 2.1-0107, Subdivisions 1(a) to I(d) inclusive, ( of the Environmental Conservation Law of the State _ of New York; and (2) All land immediately adjacent to a"freshwater wet- land."as defined in Subsection I3(I) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a"L eshwatcr wetland." 9705 "' mina- e:Iy1PMINFIII1,1. a:::r' ." NI ! _.,; 711STF?1CTIOhSr • (a) In Order to anm,ar the question in this alert. FAV Ss 1:, aasu^:ed that tl;e proparcr will use currently available infarna,t lost r.encurn:r:,, cP.n pro;oct n::d tLo likely impacts of tho notion, It is not uxpoctud u:,r. ad;:iuom l au;r lac , race :c;. or other invostigations Trill bo tmdortalcon. (b) If any question has been nnswor•od 7,••, the: project my !,u al;.n! flceee and ccrpIatad EnvIranmantaI Aauassmunt Form Ss necessary. (e) If all quaatiens have been answered Ila it is 111co1y LF�%t t;,' r; ; r�, ,,•ct 1; not significant. (d) Livirnnnontnl Ainnnnment 1. Will project result in a largerhyaical clan{;a to the pro'act site or physlcnl�y r,lter more than 10 acres of land? . . . . . . . . . . 7,.:; ✓ 11, 2. Will there bo a major chnn7e to uny nniqua or � unusual land form found on this nice'/ . . . . . _— y,,., 1/ t;s ). Will project altar or havo a lnry;u uffnct on � on axi2ting body of water? . . . . . . . . . . N 4. Will project hnvo a potuntlnlly lnr,;u ir:;yn,:r, or, groundwater quality? . . . . . . . . . . . . Y„ , 5. Will project sil^tificancly. Offoct (Ira lnugu ILv,r / on ndjoccat aitus? . . . . . . . . . . . . ✓ tr, ` ri 0, Will project affect tiny thrunt„m...I .n cndnn,;r ru,! -plant or ani:il species? . . . . . . . . . . . Y, --- Ifs - Will project result in a irajor u,lvu , fi,:ct in _ . n 7• r:m � r c. air quality? . . . . . . ,. � ,L 0 8. W21 project havo 'a n3jor uffocc cn i1:)•.,u1 char. -: _ atter of the co_mushy or acenl- vlcwa o: •:Sate,: l /'D kno,m to be itporcanc to the cu;zrnin.,t/'/ 9. Will project adversely impact uny tltn er :,truer.. cro of h1itoric, pre-historic, or puluoncolugic-u1 inportnnco or any site doaignuted n:; n critical onvironmental uroa by a local a!runcy? . . . Yo , —_ tlu 10. Will project have a major• affect on cxlatlr:r, or future recreational bppurtunitLrs't . . , y,:., �lo 11. Will projoct.ronult' in r..ajor traffic problems u:, cause a ma or affect to u j xlstinl; trnnap,.u•cation syster_s? . . . . . . . . . . . . •r.... 12. Will project rogiLlarly eaucu „ir,ler,t.iunable odor;;, noise, Clara, vibraticn, or cicctrlcal ,!iatur!, • anco as a rasult of tl:e project's (;perat:u117 17. Will project have an}' Uapact on public W.alth or sat'uty'.' . . . . . . . . . . v 1f . Will project i,frcct .tlo uxlnting rommunl , by dlrcccly canalnC a Cruvch Sn pun:,,,rrnt p::l,u1r,- tion cl' noru than 5 purccnt erne :, cna-yuur' period or have a major nop ,C7,: elfrc „n tl.,• character of chis con:uuI” ;r nui,;l r :rn„c.d 15. Is there, publ ' ai�.I'ovu r,r¢r t ,' h.i !,ru •,.r•r ., ---- -- .�� PREMRM'S SIC:IAT:T v- •S 7/1/10 - _— _—_-_-- To Whom It May Concern: I am the owner of certain real property more accurately depicted on a copy of a certain deed annexed hereto. I do hereby authorize TURTLE ASSOCIATES, a New York partnership, to make any and all applications to any and all governmental entities for permits necessary to construct a private one-family dwelling on said property. Very truly yours, V r U/'�4 David C. Walker • ATTORNEY AT LAW' 828 FRONT STREET,P.O.BOX 808 GREENPORT,NY 11944 (616)477-1016 January 20 , 1988 Southold Town Board of Appeals Town Hall Main Road Southold, New York 11971 Re: Variance for Turtle Associates Gentlemen: I have enclosed the application forms and filing fee for the above-referenced variance for insufficient area. Very truly y rs, r J evin McLaug 1 n JKM/lg Enclosures - 7Y6,?_ a -3 yc z- 29(6n7) 29(6n7)Standard N.Y.B.T.U.FAIN002 Bargain and Sale Deed,with Covenant against Grana Acts-Individual or Corporation(Single Sheet) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. , E�E 8721. PAGE 433 This Indenture, made the a day of October, nineteen hundred and seventy–nine, (S7_ Between ROBERT E. REAM, residing at Woodcliff Drive (no street number) , r7-V Mattituck, New York, �S"oo party of the first part, and DAVID C. WALKER, residing at Marratooka Lane (no )lam street number) , Mattituck, New York, i party of the second part, Witnesseth,that the party of the first pan,in consideration of Ten Dollars and other valuable consideration paid by the party of the second part,does hereby grant and release unto the party of the second part,the heirs or successors and assigns of the party of the second part forever, 10- ra"� All that certain plot,piece or parcel of land,with the buildings and improvements thereon erected,situate,lying and bra ( being in the Town of Southold, County of Suffolk and State of New York, {' ?'•' more -particularly bounded and described as follows : BEGINNING at a point on the westerly side of Marratooka Lane at the 3� southeast corner of the herein described premises where the same is intersected by the northerly side of land now or formerly of Cuddy; said point also being distant 394. 57 feet northerly as measured along the westerly side of Marratooka Lane from the corner formed by the intersection of the northerly side of New Suffolk Avenue with the westerly side of Marratooka Lane; L running thence from said point of beginning along land now or formerly of Cuddy, first above mentioned, North 80 degrees 56 minutes 50 seconds West 373.87 feet to the mean high water mark of the Marratooka Lake; running thence along the mean high water mark of the Marratooka Lane, I on a tie line North 17 degrees 57 minutes East 57. 51 feet to land now or formerly of Walker; running thence along said land the following two courses and distances : (1) South 82 degrees 00 minutes 00 seconds East 135 feet ; CID (2) South 88 degrees 37 minutes 40 seconds East 220 feet to the west- erly side of Marratooka Lane; running thence along the westerly side of Marratooka Lane, South 1 degree 22 minutes 20 seconds West 89. 50 feet to the point or place of BEGINNING. SUBJECT to any state of facts an accurate survey may show. SUBJECT to covenants, restrictions and agreements of record, if any. Together with all right,title and interest,if any,of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof;Together with the appurtenances and all the estate and rights of the party of the first part in and to said premises;To Have And To Hold the premises herein granted unto the party of the second part,the heirs or successors and assigns of the party of the second part forever. And the party of the fi rst partcovenants that the parry of the fi rst part has not done or suffered anything whereby the said premises have been encumbered in any way whatever,except as aforesaid. And the party of the first part,in compliance with Section 13 of the Lien Law,covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied firstforthe purposd of paying the cost of the improvement and will applythe same firstto 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"wheneverthe sense of this indenture so requires. In Witness Whereof,the party of the first part has duly executed this deed the day and yearfirst above written. IN PRESENC R6bert E. Irehm LIBU8721 i'uF434 STATE OF NEW YORK COUNTY OF SUFFOLK ss: STATE OF NEW YORK, COUNT( OF On the ams day of October, 1979 , before me On the day of 19 before m, personally came ROBERT E. REHM personally came to me known to be the individual described in and who to me known to be the individual described in and wh, executed the foregoing i ru ent, and acknowledged executed the foregoing instrument, and acknowledger that he executed th -me. ; that executed the some. RICHARD J.CROH NOTARY PUBLIC. Stotc of New York ' No. 52-5861280 -Suffolk County Commission Expires March 30, 19 STATE OF NEW YORK, COUNTY OF ss: STATE OF NEW YORK, COUNTY OF ss On the day of 19 before me On the day of 19 before me personally came personally came to me known,who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, will- say that he resides at No. whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he is the that he know- of to be the individua the corporation described described in and who executed the foregoing instrument in and which executed the foregoing instrument; that he that he, said subscribing witness, was present and sav knows the seal of said corporation;that the seal affixed to said instrument is such corporate seal; that it was so affixed by execute the same; and that he, said witnessr order of the board of directors of said corporation, and at the same time subscribed h name as witness thereto that he signed h name thereto by like order. SECTION Vargain ttnl 1-1�ttlr �Fr<l BLOCK tI f1 With Covenant Against Grantor's Acts LOT THING19 TITT LE IN'RI ANCE COL11H..N 1 Title No. CITY OR TOWN - ROBERT E. REHM COUNTY Recorded at Request of To U-11FE TITLE INSURANCE Company of New York DAVID C. WALKER RETURN BY MAIL TO 5ames E. McGiff, Esq. Standard Form of New York 70 East Main Street Boardof gla Underwrit Distributeders Patchogue, New York 11772 U41FE TITLE I ANCE Zip No. Com of New York r Q' Y v y LL G �i CD yam" fV iw t= w a � < w 1 N ' y, J �I Q �'� $ � I�I1F' i74�� MINUfL '`�UE-, t>I `✓i �l � �i y � ; � PfZkPAf<EL--� FOIL x E —suFF-OUZ-AV ?NUE I zo WCJOIIttLiU 3AL1 -- �PT�A1l T U��5O — " u.�a•Inumr:�P�+Y elsll�cr+r^m'rs.n�n,�nmc w sm m zaon n ma aw vola svu 15 racsnon tow 20�� TOWN OF 50UTHOLO i N.Y Gnni�srm..n mm„nn,nAarm ' _- - ;na lend s�irvmor' �aea:"sl n, � i zo eonwalmvsn cnav 1 � Gua oleos lndkeeua nerunn snsll rur ` PNY to NoeJ..PPAOnnd Io!wM1nln fiO survc Is pleOsron nie OeM1olt to f1e Z I Nilo cmm�nn'L gaanrmnunml a,onw nntl I Ob Q IonamG nnM1ullnn IamJ M:e,on anJ I [(� J lo the as5i9nonx A the IanJ•nq Insli- - v WELL "hn Guornntuzs ore nm tran[1sraM1ls I�R, -�-�AI-�s0I'I .,aamnoncl mslnminn.nr sunrngoem �1 a uo, AQFA=ID�7005,F,± �„...r.. 1.2 ACRES — ' 0= MONUMENT ' r .eOGI-' I6AR,I ' i - O .� " 138,0CD -•-• N.SB 37 40 W. 220.0 24, 75z/ F Eq f O A SR F f CUDDY - 379,87 j 25�s.F I 3 z t N7g101Q'W `� I�`� I N 1 lli � I I 1 v w 25 y to NSF crulsuF—Li GRADE q I m tDZIZINGCA,TItVG 7b GRAPE I PRE -CAST Flr»sciEP-Gv.APL- -8 DIA. iriuv,z-nvc J--- ' —_cx[l�r�v 41-lrar, >z m^MI J.f _ I __ `�9.O” J— l� � I � _ d f �i -SMJD FILL, ELL-NATION -- - t PQc2L)Y`?-TE_M FLWR -9OO GALLON TANK PITLESv - TYPICAL LAYi_JT _U_ FOUNRPSION 1 ' NOTES : B" SGP.M, 42.GAL, ln - I, CANTOUiC�- 12EF1wf2.T05UF"f-. CO, D.BW, AEfLIAL :'UIZVIa; t au � r �Y ()KrumMEAN ` l:A-LEVEL. 2•�UFf CO,`[AX N1F\P UAT.4 tOC ? +YS _:I�.I_118_3-� 18.¢ " 3.f'f2C7f CfZl Y I:: IN HUII_. ANIn ZONE A (eLS.�AcnIL � u { %�:� MA�'r' ED JUN• I IyE�3 HlATEILSUPPLY ,EWA( IF DISF05AL_SYSI EM'S WILL aoFNFA y )Ir f 4• IZU�k- I U�" L P,' CONI-QQM 70 7HE )GLQUI2E;MEN -5 OF I"HE '7Uf FOU< CQ. ;` a + -- — Qr-Pr. 01 HEALTHINEF'i=ECT" Al T'NETIMEOFCONSTRUCTION. j e v �- -- ----- ------ 1 L°R°uND wwrer � I,r,:•w ��o J 2 V<-.r.- ""'.�,y� 1A°I WELL FJO NT �\ A i LIC, LAND LUiLVE YOfZ - GfLC_LNL 7r�? x NY TYL7ICttL WELL I