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Southold Town Board of Appeals
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 OOYEN, JR.
JOSEPH H. SAWICKI
JAMES DINIZIO, JR.
ACTION OF THE BOARD OF APPEALS
Appeal No. 3777:
Application of CARL J. and RUTH V. NELSON for 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 6-ft. high fencing in the frontyard area and
total lot coverage in excess of the maximum-permitted 20
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.
WHEREAS, a public hearing was held and concluded on
October 26, 1988 in the Matter of the Application of CARL J.
RUTH V. NELSON under Appeal Application No. 3777; and
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 area(s); and
WHEREAS, the Board made the following findings of fact:
1. By this application, appellants in this proposed tennis
court project request Variances from the following provisions of
the Zoning Ordinance: (a) Article III, Section 100-31, Bulk
Schedule, as to lot coverage in excess of the maximum-permitted
requirement of 20 percent for all structures and buildings;
(b) Article III, Section 100-32 for permission to locate same in
an area other than the required rear yard; (c) Article XI,
Section 100-119.1 as to the fence height in excess of the
maximum-permitted requirement of four feet, all as more
particularly shown on the survey dated August 13, 1988, prepared
by Roderick VanTuyl, P.C.
Page 2 - Appeal No. 3777
Matter of CARL J. AND RUTH V. NELSON
Decision Rendered November 16, 1988
2. The premises in question is located in the "A"
Residential and Agricultural Zone District, contains a total
area of 19,500 sq. ft., has frontage along the east side of
Moore's Lane North of 150.0 feet and the south side of Inlet
Pond Road of 130.0 feet. The regulations applying to this Zone
District are regulated by Column "A" of the Bulk Schedule of the
Zoning Code.
3. The subject premises is improved with an one-story
single-family dwelling and accessory swimmingpool as depicted on
the survey map of June 30, 1979 (amended August 13, 1988). The
dwelling structure is set back 50 feet from each of the two
front property lines along the roads, 20 feet from the easterly
(side) property line, 41-1/2 feet from the southerly rear
property line, and the accessory swimmingpool is located in the
southerly (rear) yard area.
4. By this application, appellants proposes to construct a
50' by 110' tennis court with six-ft, high fencing along the
northerly property line (along Inlet Pond Road) with zero
setback from the easterly and northerly property lines, and 20
feet from the westerly front property line (along Moore's Lane
North).
5. Article III, Section 100-31, Bulk Schedule of the
Zoning Code provides for a maximum of 20% lot coverage for all
structures on a lot. The lot coverage furnished for the record
by applicants is 9,335 sq. ft. total, or 48 percent in relation
to the total lot area.
6. Article III, Section 100-32 of the Zoning Code provides
that all accessory structures and uses be located in the
rearyard area and shall occupy not more than 40% of the area
thereof. The tennis court with fence is not proposed in the
rearyard area, and for the record it is noted that the rear yard
area is occupied (lot coverage) by 57 percent.
7. Article XI, Section 100-119.1 of the Zoning Code
provides that the same shall not exceed four feet in height when
located along the front yard property line. The fence height
proposed herein is at six feet, requiring a variance of 33%, or
two feet from the requirements.
8. In considering this application, the Board also finds
and determines:
(a) the variances requested are substantial in
relation to the zoning requirements, supra;
Page 3 - Appl. No. 3777
~atter of CARL J. AND RUTH V. NELSON
Decision Rendered November 16, 1988
(b) the practical difficulties claimed are not
sufficient to warrant approval;
(c) significant economic injury has not been
demonstrated by dollars and cents proof as required by the
Courts;
(d) the variance, if granted, will not be within the
spirit and intent of the zoning ordinance;
(e) the character of the immediate area will be
adversely affected if the variance were granted, particularly
due to the nature of the use and construction close to this
street intersection;
(f) in view of all the above factors and the manner
in which the difficulties arose, the interests of justice will
be served by denying the relief requested.
Accordingly, on motion by Mr. Sawicki, seconded by
Mr. Dinizio, it was
RESOLVED, to DENY the Variances requested in the Matter of
the Application of CARL J. AND RUTH V. NELSON under Appeal
No. 3777.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen,
Sawicki and Dinizio. (Absent was: Member Charles Grigonis, Jr.
{out-of-state}. This resolution was duly adopted.
lk
GERARD P. GOEHRINGER, ~AIRMAN
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
,~C3~RT J. DCUCLAS~
JOSEPH H. SAWiCKI
James Dinizio, Jr.
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 BDUTHOLD, L.I., N.Y. llC:J?l
TELEPHONE (516) 765-1809
NOTICE OF HEARINGS
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town
Law and the Code of the Town of Southold, the following hearings
will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a
Regular Meeting at the Southold Town Hall, Main Road, Southold,
NY 11971, on WEDNESDAY, OCTOBER 26r 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. 3784 - 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 26~1988 Hearings
setbacks from the westerly and southerly property
Location of Property:
Waters," Southold, NY;
Block 3, Lot 8.
lines.
NE/s Minnehaha Boulevard at "Laughing
County Tax Map District 1000, Section 87,
7:45 p.m. Appl. No. 3772 - JO~N 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
tl, 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
rea and total lot coverage in excess of the maximum-permitted201
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 Ta~
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.
and Breakfast proposal, 2900 Boisseau Avenue, Southold;
1000-55-6-9. (Recessed from October 6, 1988).
Bed
8:15 p.m. JOSEPH A. STOCKE~/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. 3783SE - 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 2r~1988 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 sot 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
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.
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
....
ocat on o Pr'/~9~ ~ 7~ ~'ert O. ~ ~
L ~ f or y :..{.l~,,ous~ No.'"~-~"~'~e77"~/~t .......................... ~~
County Tax Map No. 1000 Section ..... ~..~3. .....Block .... ?~.'. ...... Eot .... ~...-~. .....
Subdivision ................. Filed Map No ................. Lot No ..................
is returned herewith and disapproved on the following grounds .........
~m.../~...~.~..~..~......~......~...<~...~.~...~
RV 1/80
APPEAL FROM DECISION OF BUILDING INSPECTOR
APPEAL NO. "~ 7 '7 7
DA'rE ....0..8. / J. fi.8...... ....
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
1, (We) .... .C..a..r..!.. J..:....N..e.!..s..o..n....a..n..d....R.~.t..h...y.:....N..e.!.~n. ...... J..0..6..0....M..0..0..r..e..'..s...L.a..n..e....N..0..r..t..h. .......................
Name of Appellor~t Street and Number
...... .6r.e.esp.or..t ..................... S.o. at ko.l.ct ................................
Municipality
..Ne~..Zar. k .......... HEREBY APPEAL TO
State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO....N..o...~...~,~.~....a.~.~c.b.e.~ DATED ..... Auguft,...17.;,...19~.8 ...................
WHEREBY THE BUILDING INSPECTOR DENIED TO
(
(
(x)
Carl J. and Ruth V. Nelson
Name of Applicant for permit
of 1060 Moore's Lane No., Greenport Southold, New York
Street and Number Municipality State
) PERMIT TO USE
) r PERMIT FOR OCCUPANCY
Construction of clay tennis court and fence (6' structure)
1. LOCATION OF THE PROPERTY !..~..~..M.9.9..r~.e~.s.~.L..a"n..e.~N~.......&..~1~!.2..~.I.n.~!`e...t.~?~.n..d.~:~§.C.?.?.g.g.9.~.
Street /Hamlet / Use District on Zoning Map
District 1000 Section033 Block2 Lot43
.................................................................................. Current Owner Carl J. & Ruth V. Nelson
Mop No. 4475 Lot No. 99 Prior Owner N/A
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 Ordi.nance.)
Article III&XI Section 100-32 & 100-3~ & 100-1191A
3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box)
(X) A VARIANCE t° the Zoning Ordinahce or Zoning Mop
( ) A VARIANCE due to lack af access (State of New York Town Law Chap. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
()
4. PREVIOUS APPEAL A previous appeal (has)~ 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 ......................................................................
( )
(x)
( )
REASON FOR APPEAL
A Variance to Section 280A Subsection 3
A Variance to the Zoning Ordinance
is requested for the reason that
Form ZB1
(Contir~ue on other side)
REASON FOR APPEAL
Continued
1. STRICT APPLICATIONOF THE~OR~D!~E would produce practical difficulties or unneces-
sary HARDSHIP because
The property tn question ts a corner Iot thereby housing two (2) front
yards and very limited rear yard space where accessories are required to
be iocated (Article III, Section 100-32).
Article XI, Section I00-1191A permits only a four-foot fence in
front yard. This is not adequate or safe for a tennis court. The proposed
six'foot fence would be an acceptable compromise.
Article III, Section 100-31 restricts construction because of lot coverage.
· The proposed clay tennis court would only change to current wood, weeds and
shrubs to a clear non-permanent clay surface yard.
2. The hardsh p created is UNIQUE and is not shored ay oil properties alike in the immediate
vicinity of this property aha ~ this use district bec.ouse
The propery ts a corner lot which therefore has zwo (2) front
yaras. This extremely limits the amount of rear yard where accessories
are required to be located.
3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because
There would be no permanent constructLon (such as a building or pooI)o
The variance would not change the character of the District. In
fact, it would serve to enhance this tourist district and increase the
property values.
STATE OF NEW YORK ) ~ ~~
COUNTY OF ) re
.............. ~..~..~..~ ........... dayof .............. ~~ ............. ~9~
Sworn tothis
Notary Public ~' "
OWNER
LAND
SEAS.
IMP,
TOW~OF
TOTAL
FARM
VI LLAGE
RECORD CARD
t/7
SUB. LOT-
COMM. CB. MICS.
TYPE OF BUILDING
'AGE
BUILDING CONDITION
: BELOW ' ABOVE
Tillable
Woodland
House Plot'"
Extension
F, xtension
Porch
Total
Foundation ?~ (-~ Bath
B~sement Floors
Exf. Walls Interior Finish
Fire Piece Hem
Rooms 1st Floor
Recreation Room Rooms 2nd Floor
[)ormer J)riveway
SUFFOLK CO. HEALTH DEPT. APPROVAL
ST_ AT__E~_t~ENT _O.F
THE WATER SUPPLY AND SEWAGE DISPOSAL
SYSTEMS FOR THIS RESIDENCE WILL
CONFORM TO THE STANDARDS OF THE
SUFFOLK CO. DEPT. OF HEALTH SERVICES,
(s}
APPLICANT
.j
J
/
/
//
LICENSED LAND SURV~ORS
GREENPO~T NEW YORK
SUFFOLK COUNTY DEPT OF HEALTH
SERVICES FOR APPROVAL OF
CONSTRUCTION ONLY
DATE:
H S. REF. NO.:
APPROVED: ......
SUFFOLK CO, TAX MAP DESIGNATION;
D I ST, SE CT. BLOC K PCL,
I000 0 ~3 ~
OWNERS ADDRESS;
DEED: L. N,/,<t~ P.
STAMP
SEAL
TRANSCRIPT OF PUBLIC HEARING
SOUTHOLD TOWN BOARD OF APPEALS
OCTOBER 26~ 1988 REGULAR MEETING
Appl. No. 3777 - CARL J. AND RUTH V. NELSON. Variance to the
Zoning Ordinance, Article III, Section 100-31 and 100-32, and
Article XI, Section 100-119.1 for permission to construct tennis
court with six-ft, high fencing in the frontyard area and total
lot coverage in excess of the maximum-permitted 20 percent.
Location of Property: 1060 Moore's Lane, Greenport, NY; County
Tax Map District 1000, Section 33, Block 2, Lot 43.
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 40
persons in the audience at the beginning of the meeting.
The Hearing com~enced at 8:15 p.m. and the Chairman read
the Legal Notice of Hearing for the record.
CHAIRMAN GOEHRINGER: I have a copy of a survey produced by
Roderick VanTuyl, P.C. dated June 30, 1979 indicating a
one-story framed house and swi~aingpool, wood deck and board
walk. The swimmingpool is on the one side and the wood deck and
boardwalk are in the rear. The proposed nature of this
application is a fenced-in area to be used as a tennis court,
primarily on the north side of the property and adjacent to
Inlet Pond Road. And I have a copy of the Suffolk County Tax
Map indicating this and surrounding properties in the area, and
I have letters of objection in the file. Are the Nelsons here?
How do you do, Sir.
CARL J. NELSON: We are here to answer questions per your
request. I think the application speaks for itself. We're just
requesting an opportunity to put in a non-permanent clay tennis
court, private, which is not the only type we have in Southold
Town now. You did make a correction on the typo there (six ft.
Page 2 - Transcript of Hearing
Southold Town Board of Appeals
Regular Meeting of October 26,
1988
(Appl. No. 3777 ~ NELSON hearing, continued:)
MR. NELSON, continued:
high fence, not ten ft.). I would also just call to your
attention in the letter of objection of October 16th by
Mr. Gillian. I believe he refers to some sort of restriction in
the deed. I don't know that to be an accurate statement and ~-
you should just consider that in your decisions. If you have
any questions I might answer.
CHAIRMAN: I just wanted to mention, Mr. Nelson, that as a
matter of -- I really hate for people to leave here thinking
that there's a 50-50 chance, or a 40-30 chance, or you now,
70-30 chance, I realized that 40 and 30 don't add up to a
hundred (jokingly). But sometimes there are these types of
situations. We did have an application, and the particular
applicant's name does escape me, but it was on Arrowhead Lane in
Peconic. And it was a very similar type of application to
yours. The lot was maybe a little bit larger. The Board did
see it to deny that application because of the excessive lot
coverage. We did at that particular time indicate that the
enclosure itself really did effectuate lot coverage, and we
thought that particular amount was too excessive, too severe in
the nature of the application. I'm not saying that that's the
way I feel at this time; but that was the most recent one that I
can remember in a situation that was somewhat similar to this
one, ok? And I just want you to be aware of the fact that there
is a maximum that we usually go over in reference to lot
coverage. Ok?
MR. NELSON: I'll leave that to your discretion. That's why
we're here.
CHAIRMAN: Thank you. Is there anyone else that would like to
speak in favor of the application? (None) Anyone to speak
against the application? Mr. Arnoff.
HARVEY ARNOFF, ESQ.: Good evening. My name is Harvey Arnoff.
I'm an Attorney from Riverhead. I'm also a resident of the
Town. Addressing the application sort of in a cursory manner in
the beginning, I have for the Board's consideration a petition
signed by 45 neighbors opposing this, and I would like to read
the petition. It's very brief. It said, "We, the undersigned
residents of Stirling Eastern Shores, oppose the application
Page 3 - Transcript of Hearing
Southold Town Board of Appeals
Regular Meeting of October 26,
1988
(Appl. No. 3777 - NELSON hearing, continued:)
MR. ARNOFF, continued:
of Carl and Ruth Nelson for a variance to construction a tennis
court on their property at 1060 Moore's Lane North, Greenport,
New York for the following reasons: 1. the granting of this
variance would be creating precedent in Southold Town by
allowing the road setbacks to be eliminated on Inlet Pond Road
and Moore's Lane North. This plot is a corner one fronting on
both roads. 2. Inlet Pond Road is presently only 20 feet
wide and the fence proposed to enclose this tennis court would
cause hazardous conditions to routine traffic, snow removal,
road repair, and emergency vehicles. 3. If this variance is
granted, this corner plot will be encompassed by recreational
areas. It will contain their home and enclosed porch, decking
and swimmingpool presently surrounded by a six-ft, stockade
fence as well as the proposed 76 by 38 ft. tennis court, also to
be enclosed by a six-ft, stockade fence, all this on a lot of
less than one-half acre. The undersigned feel this application
should be denied since the density of this lot will be unsightly
and unwarranted in a residential area. Recreation of this type
is certainly available elsewhere in Southold Town." So I'd
like to hand up this. It's three pages long and there are 45
signatures on it with the addresses of the various people.
CHAIRMAN: Thank you, Mr. Arnoff. (Received petition).
MR. ARNOFF: Now my recollection of the applicable law is that
in order for there to be a variance, they must have some sort of
hardship. In this instance it's a completely self-imposed
hardship by the Nelsons. They were the ones that built the
house. No one else. They situated it in such a way as to put
their swimmingpool right behind it and to leave themselves with
large front yards. Had they moved their house in such a way, or
position their house in such a way initially to allow for the
expansion of a swimmingpool and/or tennis court, perhaps the
opposition of the neighborhood would not be as great. But I
think under the circumstances, I think there is clear opposition
by virtually everyone in the neighborhood. It is certainly not
consistent with the neighborhood either. I don't believe if the
Board chooses to tour the area, that there's any swimmingpool or
tennis court in anyone's front yard. Which is exactly what's
Page 4 - Transcript of Hearing
$outhold Town Board of Appeals
Regular Meeting of October 26,
1988
(Appl. No. 3777 - NELSON hearing, continued:)
MR. ARNOFF, continued:
desired here. The question crossed my mind as I drove out -- I
was in Hauppauge all day and I was coming out here that had the
Nelson's decided they liked golf, would they be here for an
application for a golf course in the front yard. There has to
be a time when the Board says enough to the recreational use of
one's own property at the expense of the neighbors. And I think
this is one of those instances where this application should be
denied.
There is one other thing, and Mr. Nelson mentioned it.
There have been, up until 1984 covenants and restrictions. And
this application would have been barred by the covenants and
restrictions in everyone's deed. However, in 1984, the
application merely on fences along, and those covenants and
restrictions did in fact expire as a matter of law -- or at
least I am lead to believe they expired. No one has said they
still exist. However, the spirit and intent of those covenants
and restrictions is shared by at least 45 people who have chosen
to place their names on this petition. And I think for all
those reasons, the application should also be denied. Thank you.
CHAIRMAN: Thank you. Is there anybody else like to speak
against the application? Anything in rebuttal, Mr. Nelson?
(None) Hearing no further comment, I'll make a motion closing
the hearing and reserving decision until later.
Motion was made by Mr. Goehringer, seconded by Mr. Grigonis, and
duly carried, the hearing was declared concluded (closed),
pending deliberations and decision at a later time.
R~e~pectfully submitted,
~ K~~tary
Southold Town Board of Appeals
September 19, 1988
P.O. Box 373
Greenport, NY 11944
Mr. Gerard P. Goehringer, Chairman
Southold Town Board of Appeals
Main Road
Southold, NY 11971
Dear Mr. Goehinger:
I am in receipt of your letter dated September 14, 1988. As per your
request I am furnishing you with the following information according to my
best estimate.
A)
The total square footage of lot coverage by all structures
together with area encompassed within the fence enclosure is
9,335 square feet.
B) The percentage of lot coverage in relation to both the rear
yard area and the total lot area:
l) percentage of lot coverage in relation to the
rear yard = 57%
2) percentage of lot coverage in relation to total
lot coverage = 48%
Should you have any further questions, please do not hesitate to call
my office at 477-1950.
CJN/maw
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
JOSEPH H. SAWlCKI
JAMES DINIZIO, JR.
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
December 9, 1988
Mr. and Mrs. Carl J. Nelson
P.O. Box 373
Greenport, NY 11944
Re: Appeal No. 3777 - Variance for Tennis Court
Dear Mr. and Mrs. Nelson:
Transmitted for your records is a copy of the official
findings and determination rendered by the Board of Appeals in
the above matter.
Yours very truly,
Enclosure
Copies of Decision to:
Harvey A. Arnoff,
GERAPD P. GOEHRINGER
CHAIRMAN
Esq.
Office of the Building Inspectors
STIRLING EASTERN SHORES ASSOCIATION, INC.
Box 151
Greenporl:, New York 11944
October, 1985
Ue, the undersigned, residents of Stirling Eastern Shores oppose
the application o£ Carl and Ruth Nelson for a variance to construct
a tennis court on their property at 1060 Noores Lane North, Greenport,
N.Y. for the following reasons:
t. The granting o£ this variance would be creating a
precedent in Southotd Town by allowing the road set-backs to be
eliminated on Inlet Pond Road and ~oores Lane North. This plot
is a corner one fronting on both roads.
2. Inlet Pond Road is presently only 20 feet wide and the
fence proposed to enclose this tennis court would cause hazardous
conditions to routine traffic, ~ow removat~ road repair and emergency
vehicles.
3. If this variance is granted this corner plot will be
encompassed by recreational areas. It will contain their home and
enclosed porch; decking and a swimming pool presently surrounded
by a 6' stockade fence, as well as the proposed ?6' by 38' tennis
court also to be enclosed by a 6' stockade fence. Ail this on a
lot of less th.~n Qne-half acre.
~. The undersigned feel this application should be denied
since the density on this lot will be unsightly and unwarranted in
a ~esidential area. Recreation of this type is certainly available
elsewhere in Southold Town.
ADDRESS. ( ( I ~ (¢
.ADDRESS~ ~ ~ ~ \
ADDRESS
ADDRESS
.ADDRESS
ADD~ESS
continued
~ - ' ~et~ion'of Stirling~stern Shores Association.
Page 2.
~ame ~,~C~-~-~_~. Address
Nam ,g~-~-~ ~ Address
N am e ~-~/~~, Address
N~e~~ ,~ Address ~
~]~e A~re~~
N ~e ~ ~~Address
N~~~ Address
N~e~,~/~~ Addr es s/~/~~,~,
STIRLING EASTERN SHORES ASSOCIATION, INC.
Box 151
Greenport, New 'Cork 11944
uctoUer, 19oo
.e, tiie undersignea, resiuents of 5tlrlins Eastern Skores oppose
the application of Carl and ~{uth l.elson for a variance to construct
a tennis court on their property at 1060 t. loores Lane l,!orth, Greenport,
.Y. for the follo',',,ing reasons:
!. l~!~e grantinC of t-~is variance ',':ould be creatins a
~recedent in ~}outholu k~ova: by aliou'ins the road set-backs to se
e!i.uinated on llnlet lend koad and }.oores l,ane i,ortn. Phis ~iot
is a corner o::e fronting o~'i 0otb roads.
2. inlet Pond l:~oad is presently only 20 feet wide and the
fence proposed to enclose this tennis court would cause i~azardous
conditions to routine traffic, a~ov,~ removal, road repair smd emergency
vehicles.
-z if this variance isara:~ea: tizis corner plot will be
encompassed by recreational areas, t t',~ili contain their nome and
enclosed zorcn; decking and a swimming pool !:,resentiy surrounded
by a 6' s%ockade fer~ce, as well as tl~e prop'osed '?6' by 58' tennis
court also to be enclosed oy a 6' stockade fence. Ail this on a
:~ of less tll~n 9ne--el~ 2~cre.
~. 'fhem.aer~_o_.~'~: ~,'~ ..... fee! tnms app±zcat~-on ~_~.,ou_,a be deniea
since the density on t::is lot ':,'ill be unsi~:tiy and un~',~arranted in
a sesidential area. ~ec~ea~mon of tills ty~e is certainly available
/ B/
~4
MR. & MRS. WILLIAM L, SCHROEHER
Box 608
Greenport, New York 11944
September 30, 1988
I.!r. Gerard P. Goehringer
Southold Town Board of Appeals
Town Hall, Main Street
Southold, N.Y. 11971
Dear b~embers of the Boar~:
It has come to our attention that our
neighbor, Mr. Carl ~elson, ~as requested a variance to
enable him to construct a tennis court on the north
side of his lot on Moores Lane 17orth and Inlet Pond
Road, Greenport, ~.Y.
The stakes outlining the site for this
proposed tennis court snow it to be a minimum of 5-6 ft.
from Inlet Pont Lane and perhaps 15 ft. from Moores
Lane North. This corner half-acre plot already
contains his home, a swimming pool ~nd a 6 ft. stockade
fence. We feel adding anything more would be appalling.
%~e hope you will consider the rights of
the other property owners in Stirling Eastern Shores
and deny this ~ariance. This type of density certainly
should not be allowed in any residential area of
Southold Town.
Yours truly~
Caroline Schroeher
;~illimn L. Schroeher
(525 Greenhill Lane)
Francoise .Tom
· architects-
Board of Appeals
Southold Town Hall
Main Road, S.P. 25
Southold, N.Y. 11971
Dear Sirs and Mesdames:
I have learned that my ~mighbors, Carl and Ruth Nelson, on
Inlet Pond Rd. in Greenport are seeking a variance to built a tennis
court with a fence on the proerty line. I would like to request
that this variance not be granted since the purpose of zoning
regulations is to maintain uniformity, and in the case of Greenport
to preserve the rural/small town character. Once a variance is
granted it becomes easier for each succeeding variance until the
law has no meaning. No one can claim he needs a tennis court.
Furthermore what he is requesting is specifically forbidden
by a deed restriction which carmot be revoked.
Thank you for your kind attention.
Sincerely yours,
16 October 1988
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
JOSEPH H. SAWICKI
Southold Town Board of Appeals
MAIN RI3AD- STATE RI'lAD 25 BnUTHCILD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
September 14, 1988
Mr. & Mrs. Carl Nelson
1060 Moore's Lane
Greenport, NY 11944
Re: Appeal No. 3777 - Variances
Dear Mr. & Mrs. Nelson:
This letter will acknowledge receipt of your recent
application before the Board of Appeals. The Board members
will be conducting inspections and reviews in accordance with
State and local laws prior to advertising this matter for a
public hearing.
ing
It is requested in the interim that you furnishthe
information for the record:
(a)
the total square footage of lot coverage
by all structures together with area
encompassed within the fence enclosure.
(b)
the percentage of lot coverage in relation
to both the rear yard area and the total
lot area.
follow-
Upon the receipt of the above we would expect that the
hearing will be held as indicated to you within 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 ~nfirmation following a resolution adopted by the Board.
Please feel free to call at any time if you have any
questions.
{ ~/ tr
./~, ry tr, u~]fy ~.~. u~,/~
GERARD P. GOEHRINGER
CHAIRMAN
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONI$, JR.
SERGE DOYEN, .IR.
JOSEPH H. SAWlCKI
James Dinizio,
Southold Town Board of Appeals
MAIN ROAD- STAT. I[ ROAD 25 SOUTHOLD, L.I., N.Y. 1t971
TELEPHONE (516) 765-1809
October 26, 1988
S.E.Q.R.A.
NEGATIVE ENVIRONMENTAL DECLARATION
Notice of Determination of Non-Significanc~
Jr.
APPEAL NO.: ~77
PROJECT NAME: CARL J. AND RUTH V. NELSON
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: [ ] Type II k~ Unlisted [ ] Exempt
DESCRIPTION OF ACTION:Construct tennis court with 10 ft. high
fencing in the frontyard area and in excess of the maximum-permitted
20 percent total lot coverage
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: 1060 Moore's Lane, .Greenpqrt, NY
33-2-43
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) Information has been submitted by applicant or his agent in-
dicating that the project will not involve the disturbance of wetlands
grasses or areas subject to flooding which amy be considered wetlands.
FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary,
Southold Town Board of Appeals, Town }[all, Southold, NY 11971; tel 516-
765-1809 or 1802. '
Copies of this notice sent to the applicant or his agent and posted
on the Town Clerk Bulletin Board.
mc
C
STATE OF NEW
) SS:
COUNTY OF SUFFOLK)
Christina Contento of Mattituck, in
~aid County, being duly sworn, says that he/she is Principal
Clerk of THE SUFFOLK TIMES, · Weekly Newspaper,
published at Mattltuck, in the Town of Southold, County of
Suffolk and State of New York, and that the Notice of which
the annexed is a printed ~ow, has been regula~ published In
said Nowapaper once each week for ] weeks
successively, commencing on the 20 day of
Octobec _19 85
Principal Clerk
Legal#ofices
NOTICE OF HEARINGS
NOTICE,IS HEREBY GWEN.
l~ont to'~:~on 267 ~ ~ T~
~ l a R~uhr
· ~ fo~o~ ~:
NY; County Tsx Map Distrlct 1000, I percen,c Loc~dmofPm~ty: 1060
~~m~ ~, ~ 33, BI~ ~ ~ 43.
isfing dwcll~g with an insufficient
seth~k from e~s~s bulkhead. Lo-
mira of Pr~.ny: South Side of Old
Cove R~d, Sonthold, NY; County
Tax Map Dimlct 1000, S~c~on 52,
~ Block 2. Lo~ 10.1.
7:50 p.m. Appl. No. 3785SE -
R~YMOND NINE and CHARLES
ZAHRA. Special Exc~,don to the
100-30B{16} for permission to es-
,m4;,h "Bed and Breakfast Use.* "an
howl. where 104~i,$ md b~eakfast is
lm~id~d f~ n~ more than ,in casmd,
mo~ than three rooms. Location of
Pwpe~y: Nor~ Side of New S~ffolk
the Zonin80rdln~me, Article
Section 100.30, ~or pe~mlsskm to re-
sidle-family dw'~n~ in ~ to
the e~ dwe~n~ sto~mm.s and
u,e,. Location o~ l~ope~: 66073
C.R. 48. G~ee~po~ NY: Conm~ Tax
Map Dimict 1~ 40. Block
2. L~7. ~
8:1o p.m. A~/~o. ~76~' -
ROBERT O..~N~,. DIANNA
BAKER. Hed and Bmddast ~
2900 Boisseau Avenue, Southold;
6.1988). '~ ~i
s:1~ p.m. ~(~SE?H A.
STO~EN/M & ~.~UTO, INC.
pumt Su'ect (Ronte 25), G~eeupo~.
NY; Coumy Tax Map District 1000,
Secri(m 45, Block 6, T~t $: ~= .
Store uses, cll as shown on the Au-
, 1988 Sim Plan.
~ntn8 Ordinance, AnJcl= ~ ~
Z~e Diet,ct, in addition to
existing sales us~ (o~ gasoline and
diesel) and In.posed new b~ns for
autem~bile se~icin~.
8:30 p.m, Appl. No. 3708 -
DAVID W~TLE ASSO-
CIATES. Varim~s to the Zoning
31, for approval of pamel as exists
with insufficlect I~t a~.a and width
and more partimLudy described in
Deed at Liher 8721 rage 433 dated
without Pbnnins Bo~d approval.
Location of Property: 1300
Marratodta Lane, Mauituck, NY;
Coonty Tax Map Dimlct 1000.
Section 115, Block 3, t~t 18.3
(p~vioosl~ part ~ 1 &2)~
~' i The Boan:l of Appeals will at said
Lot 14 (now 14.1). ~lock 11, L~t 20.
7'40 pm Appl No 3784 - ~ 755 pm AppI. No. 3777 -~
JAMES YOUNG. Varimce to th~ ~ CARL J. AND RUTH V. NEt. SO 4.
Zmino Onfinmce, Article I~ Section// Variances to the Zoning Ordinance,
100-3~ for ~rmisslon to constrnct// Article re, Sectic"s 100-31 and 100-
addition to ,~wcllln$ with insofficie~ 32, and Arfide X~ Section 100-119: I
f~t yard scthaclt~ flora the we~'.t~ for permissie~ to cc"street t~nms
and mmlmdy p,operty lines. Lonafi(x~ court with lO-fl. I~gh fencing m ~e
o~ PmFe~t¥: NE/s Mthnel~h.. a Boule- ~ frontyard ama a~d.mml let en~nge m
Appl. No. 3783SE - Special
ficle VI~, Sexfiou 100-80 f~' expan-
sic. of the present ~ by the
· dditle~ of a new hhldin~ to be uti-
lized for the ealsfins atmmqobile ser-
vice static, and pubfic garage, in
addition to the continued sales of
- time and place hear any and all per-
'sons or mpmsentatlves desi~g to be
heard in each of the above matters.
Wriuen ~mnmas may also be sub-
mitred ptior to the cc"clusiou of the
subject hearlnF~ Elch bea~ns will not
staff before the time allotted.
more informariou, please call 765-
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
Snuthold 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. Vari-
ance to the Zoning Ordinance,
Article Ill, Section 100-31 for
permission to connect deck to
porch, leaving an insufficient
setback from the south(westerly)
property llne. Location of Pro-
petty: Private Right-of-Way ex-
tending off the North Side of
Soundvlew Avenue, Southold,
NY; County Tax Map District
10~0, Section 68, Block 1, north.
erly part of Lot 14 (now 14.1).
7:40 p.m. Appl. No. 3784--
JAMES YOUNG. Variance to
the Zoning Ordinance, Artic~g,,,'
Ill, Section 100-31 for petrols-.
sion to construct addition to
dwelling with insufficient from
yard 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~.App!. No. 3772--
JOHN G. PHILIPPIDES. Vari-
ance to the Zoning Ordinance,
Article XI, Section 100-119.2 for
permission to construct deck ad-
dition at rear of existing dwell-
ing with an insufficient setback
from existing bulkhead. Loca-
tion of Property: South Side of
Old Cove Road, Southold, NY;
County Tax Map District 1000,
Section 52, Block 2, Lot 10. I.
-~"~ p.m. Appl. No. 3785
SE--RAYMOND NINE ansi
CHARLES ZAHRA. Special
Exception to the Zoning Ordi-.
nance, Article IlL Section
100-30B[16] for permission to
establish "Bed and Breakfast
~se~' "an owner-occupied build-
ms, other than a hotel, where
lodging and breakfast is provid-
ed 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,
B~ock 11, Lot 20.
'~'"7:55 p.m. Appl. No. 3777--~,,i]
~' CARL J. and RUTH V. NEL-ttl
~ SON. Variances to the Zoning'~
./Ordinance, Article Ill, Sections
~ 100-31 and 100-32, and Article 4 I
X.I, Section 100-119.1 for permis- I
sion t nstroct tennis court
with~.~ high fencing in th~
frontyard area and total lotTM
coverage in excess of the max/-
mum-permitted 20 percent.
Location of Property: 1060
Moore's Lane, G~enport, NY;
Eastern Shores Subdivision,
Section 3, Lot 99; County Tax
Map District 1000, Section 33,
B)ock 2, Lot 43.
8:05 p.m. Appl. No. 3786--
MARION SACCONE. Variance
to the Zoning Ordinance, Arti-
cl.e I!l, Section 100-30, for per-
.mlSSlOtl to replaee nonconform-
ing trailer with new single-family
dwelling, in addition to the es-
tablished dwelling structures and
uses. Location of Property:
66075 C.R. 48, Greenport, NY;
County Tax'Mai:
~ti~a 40, Block
COUNTY OF SUFFOLK
~ATE OF NEW YORK
ss:
Patricia Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in Suffolk County;
and that the notice of which the annexed is a printed copy,
has been published in said Long Island Traveler-Watchman
once each week for ....... / .. weeks
successively, commencing on the ............ ~..-~.~...-~.....
~KER. B~ and Breakfast
Pmpo~l, 2~ ~isseau Ave-
hug Southold; 1~55-~9. (~.
cess~ from October 6, 1988). · ................. day of
8:15 p.m. JOSEPH A. ~C-
zE~/~n nu~, ~8c. ~a-
lion of Pro~rty: SOuth Side of ....
Front St~t (Route 25), Green-
port, NY; County ~x Map Dis-
tri~ 1~, ~tion 45, Bilk 6,
~t 5:
Appl. No. 3783SE--Special
Exception to the Zoning Ordi-
nance, Article VII/, Section
100-80 for expansion of the pre-
sent property by the addition of
a new building to be utilized for
the existing automobile service
station and public garage, in ad-
dition to the continued sales of
gasoline and proposed retail
(grocery) store uses, all as shown
on the August 4, 1988 Site Plan.
Appl. No. 3782--Variance to
the Zoning Ordinance, Article
V. Ill, Section lO0-gO for perm/s-
sion to convert e~dsting building
to retail (grocery) store, which is .;
not listed as a permitted use in
this "C-Light Industrial" Zone
District, in addition to the exist.
.~ i~g-'sales use (of gasoline and
diesel) and proposed new build-
ing for automobile servicing.
8:30 p.m. AppL No. 3708--
DAVID WALKER/TURTLE
ASSOCIATES. Variances to the
Zoning Ordinance, Article I11,
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 Oc-
tober 25, 1979, having been set-
off without Planni ag Board alJ-
proval. Location of Property:
1300 Marratooka Lane, Matt/-
tuck, NY; County Tax Map Dis-
trict 1000, Section 115, Block 3,
Lot 18.3 (Previously part of
18.2).
The Board of Appeals will a~
said time and place hear any and
~l.persons or representatives de-
stung to be heard in each of the
above matters. Written com-
ments may also be submitted
prior to thc conclusion of the
subject hearing. Each hearing
will not Start before the time al-
lotted. 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
IX, 10/20/88 (3)
ry Public
~RA ~. SCHN~I~-ER
JBI.IC, State o~ New Yo; ~
No. 4806846
ied in Suffolk Co:;n~y /
Ssion Expires ~//~,//~'
Southold Town Board of Appeals
HAIN ROAD- BTATE ROAD 25 BOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALSBOARD
MEMBERS
GERARO P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
JOSEPH H. SAWlCKI
James D'[n~z'io, dr.
TO WHOM IT MAY CONCERN:
Enclosed herewith as confirmation of the time, date and
place of the public hearing concerning your recent application is
a copy of the Legal Notice, as published in the Long Island
Traveler-Watchman, Inc. and Suffolk Times, Inc.
Please have someone appear in your behalf at the time
specified in the event there are questions brought up during the
same and in order to prevent a delay in the processing of your
application. Your public hearing will not start before the time
allotted in the attached Legal Notice.
Please feel free to call our office prior to the hearing
date if you have any questions or wish to update your file.
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
Southold Town Board of Appeals
MAIN "OAO- STAT~ "OAO ~ SOUTMOLO, L.'., N.Y. 119'1
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
~O~E~T J. DCUCLA~S
JOSEPH H. SAWlCKI
James D~n~z~o,
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)
Huntington Station, NY 11746
22 Bowden Drive,
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
Mattituck, NY 11952
1830 Pike Street,
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
J. Kevin McLaughlin, Esq.
828 Front Street, Greenport, NY 11944
as Attorney for Marion Saccone
as Attorney for Joseph A. Stocken
as 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
JUDITH T. TERRY
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hail, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
TELEPHONE
(516) 765-1801
To: Southold Town Zoning Board of Appeals
From: Judith T. Terry, Southolcl Town Clerk
Dated: August 30, 1988
Transmittecl herewith is Zoning Appeal No. 3777 , application of
Carl J. and Ruth V. Nelson
for a variance. Also included is: Notification to Adjacent Property Owners;
Short Environmental Assessment Form letter relative to NYS Tidal Wetlands
Land Use; Notice of Disapproval from the Building Department; survey of
property; and any other attachments relative to this application.
Judith T. Terry
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter or the Petition of
to the Board of Appeals of the Town of Southold
TO:
NOTICE
TO
ADJACENT
PROPERTY OWNER
YOU ARE HEREBY GIVEN NOTICE:
1. Tha~ intention of the undersigned to petition the Board of Appeals of the Town of Southold
to request a v1~aLLajLg~ (Special Exception) (Special Permit) (Othe:) [¢±r¢le cho±¢e]
2. That the property which is the subjecit of the Petition is Io.ca~e,c~dLacrnt tgyoyr,prolTerty and is d~s-
cribed as follows: corner of 1060 Moore s Lane North ano l'l~U ;nlet yona Koaa, ureenpor:
3. That the property which is the subject of such Petition is located in the following zoning district:
Southold Town, Suffolk County, Tax Map No. 1000, Sec. 33, Block 2-, Lot 43
4. That by such Petition, the undersigned will request the following relief:
for the purpose of constructing a clay tennis court and six-foot stockade fence.
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signedare ~t~cle III.XI ~ect_tc~ l~n-~. Ion-31' l(1F)_lic)la
[ ] 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 the~e
examine the same during regular office hours. (516) 765-1809.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
Board of Appeals; that a notice of such hearing must be published at least five days prior to the'date of such
hearing in the Suffolk Times and inthe 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 appea~nd be heard at such hearing.
Dated:
Petitlo~er,
Owners N~mes. Carl J. & Ruth V. Nelson
Post Office Address
POSt 0ffice Box 373
Rr'~n.nn~', [d~ Ynt'k: 11 q44
Tel. No. ~516 ) 477-1305 (home)
477-1950 (business
[Copy ot~'sEetch or pl~lJq
purposes.]
showing proposal to be attached
for convenience
PROOF OF MAILING OF NOTICF
ATTACH CERTIFIED MAIL RECEIPTS
ADDRESS
John Tsigonias
33-2-44
William G. Hempel Jr,. & Wife
33-2-45
Richar,d Musich & Ors.
33-2-42
P 019 480 385
RECEIPT FOR CERTIFIED MAIL
NOT FOR INTERNATIONAL MAIL
(See Reverse)
181 Monroe Street
Franklin Square, NY llOlO
P.O. Box 535
East Marion, NY 11939
24-23 Parsons Boulevard
Whitestone, NY 11357
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
SS.;
~e~ ~, ~ . ~ ' [ I 9 W ~ , being duly sworn, depo~ and ~ys that on the ~ day
of ~u~ ~ % ~ ~ , 19 ~ ~ , deponent mailed a true copy of the Notice ~ f~ on the re-
ve~ sid~hereof, directed to each of the above-named persons at the addres~ set opp~ite thmr rm~tive
name; that the addresses set opposite the names of said persons are the address of said ~ons as shown on
the current ass~sment roll of the Town of Southold; that ~id Notic~ were mailed at the United Statm P~t ~-
; that said Notices were mailed to each of ~id persons by
C~ (registered) mail.
Sworn to before me this c~
day of ~:~.z~-~ 19
Notary Public
(This side does not have to be completed on form transmitted to adjoining
property owners.}
I PROJECT
I.D. NUMBER
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I~PROJECT INFORMATION (To be completed by Applicant or Project sponsor)
f. ARPLI AN /S ONSO 2. PROJECT NAME
Car] ~. ~e~son ~& Ruth V. Nelson
3. PROJECT LOCATION:
Mu.~c~pa,ty Sreenport cou.ty Suffolk
4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map)
1060 Moore's Lane North
1120 Inlet Pond Road
5. IS PROPOSED ACTION:
[] New [] Expansion [] Modificationlalteration
6. DESCRIBE PROJECT BRIEFLY:
Construct]on of a clay tennis court and six-foot stockade fence
7. AMOUNT OF LAND AFFECTED:
Initially 110 ' xS0 ' acres Ultimately 110 ' kS0 ' acres
SEQR
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAN(3 USE RESTRICTIONS?
[] Yes [] NO If NO, describe briefly
Variance required for Artic]e III,Sec. 100-32 & 100-31 and Art]cie XI, Sec. 100-1191
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
[] Residential [] Industria~ [] Commercial [] Agriculture [] Park,'Forest/Open space [] Other
Describe:
10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL,
STATE OR LOCAL)?
[] Yes [~ No If yes, list agency(s) and permit/approvals
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No If yes, list agency name and permit/approval
1~. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION?
OYes [~.o
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Applicant/spons~ C~ ~]. Ne]son and Ruth V. Ne]son Date:
S,gna,ure:
([ft//he acrid "
I If e a ' n is in the Coastal Area, and you are a state agency, complete the
Coastal Assessment Form before proceeding with this assessment
OVER
1
(Continued on reverse side)
The N.Y.S. Environmental Quality Review Act requires submission
of this form, and an environmental review will be made by this board
before any action is taken.
SHORT ENVIRONMENTAL ASSESSMENT FOP~
INSTRUCTIONS:
(a) In order to answer the questions in this short EAF it is assumed
that the preparer will use currently available information concerning the
project and the likely impacts of the action. It is not expected that
additional studies, research or other investigations will be undertaken.
(b) If any question has been answered Yes the project may be sig-
nificant and completed Environmental Assessment Form is necessary.
(c) If all questions have been answered No it is likely that the
project is not significant.
(d) Environmental Assessment
1. Will project result in a large physical change
to the project site or physically alter more
than 10 acres of land? Yes
2. Will there be a major change to any unique or
anusual land form on the site? .~ __Yes ~No
3. Will project alter or have a large effect on
an existing body of water? Yes _~No
4. Will project have a potentially large, impact on
groundwater quality? . Yes ~No
5. Will project significantly effect drainage flow
on adjacent sites? Yes ~No
6. Will project affect any threatened or endangered
plant or animal species? Yes ~No
7. Will project result in a major adverse effect on
air quality? Yes ~ NO
8. Will project have a major effect on visual char-
acter of the community or scenic views or vistas
known to be important to the community? Yes ~NO
9. Will project adversely impact any site or struct-
ure of historic, pre-historic, or paleontologiual
importance or any site designated as a critical
envircamental area by a local agency? __._Yes ~No
10. Will project have a major effect on existing or
future recreational opportunities? Yes ~No
11. Will project result in major traffic problems or
cause a major effect to existing transportation
systems? ~Yes ~No
12. Will project regularly cause objectionable odors,
noise, glare, vibration, or electrical disturb-
ance as a result of the project's operation? Yes ~No
13. Will project have any impact on public health
or safety? .. Yes ~No
14. Will project affect the existing community by
directly causing a growth in permanent popula-
tion of more than 5 percent over a one-year Yes _~No
period or have a major negative effect on the
charact~ of the community or neighborhood?
15. Is there publ~controversy concerning the
project? ~ ' Yes
Preparer' s Signature ~
Representing: ~C~ ~/~~ '~ ~"/~ /J'~ Date:
ZBA ~/75
QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED
~TI! YOUR APPLICATION FO~,IS TO TIlE BOARD OF APPEALS
Please complete, sign and return t~'~ 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?
2.a)Are there any areas which contain wetland grasses?
(Attached is a list of the wetland grasses defined by
Town Code, Ch. 97 for your reference.)
b)Are there any areas open to a waterway without bulkhead?
Yes ~
Yes
Yes
3. Are there existing structures at or below ground level,
such as patios, foundations, etc?
Yes ~
4. Are there any existing or proposed fences, c~ncrete
barriers, decks, etc?
5. If project is proposed for an accessory building or
structure, is total height at more than 18 feet above
average ground-~-~l? State total: ' ~ ft.
~ No
Yes ~
e
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 ~
e
Are there other premises under your ownership abutting
this parcel? If yes, please submit copy of deed.
Yes (~
Are there any building permits pending on this parcel
(or abutting land under your ownership, if any)?
State Permit # and Nature:
Yes ~
Do state whether or not applications arc. pending
concerning these premises before any other department
or agency (State, Town, County, Village, etc.):
Planning Board
Town Board
Town Trustees
County Health Department
Village of Greenport
N.Y.S.D.E.C.
Other
Yes ~P
Yes ~
Yes ~
Yes
Yes ~
Yes ~
Yes ~
10.
Is premises pending a sale or conveyance?
If yes, please submit copy of names or purchasers
and conditions of sale. (from contract)
Yes ~
11. Is new construction proposed in the area of contours
at 5 feet or less as exists?
Yes ~
12.
If new construction is proposed in an area within
75 feet of wetland grasses, or land area at an eleva-
tion of five feet or less above mean sea level, have
you made application to the Town Trustees for an
inspection for possible waiver or permit under the
requirements of Ch. 97 of the Town Code?
Yes
13. Please list present use or operations conducted upon the
subject property at this time ~/~
and proposed C~-, 7~¢ ~'l- )~c~¢~t.~
Please submit photographs for'the r~cord.
I certify that the above statements are true and are being submitted for
relianc~h~e ~oard of Appeals in considering my application.
Signature' (Proper~y Owner) (Authorized Agent)
1/88
WETLANDS [Amended 8-26-7(; by L.L. No. 2-1976: 3-26-
85 by L.L. No. 6-1985]:
A. TIDAL WETLANDS:
(I) All lands generally covered or in~rmitk, ntly c~v-
eredwith, or which bord.r on, tidal wa~rs, or lands
lying beneath tidal water~, which at mean iow tide
. arecovered by tidal waters ton maximum depth of
five (5) feet, including but not limited ~ banks,
bogs, salt marsh, swamps, meadows, flats ar other
low lying lands subject ~ tidal action:
(2) All banks, bogs, meadows, fiats and tidal marsh
subject ~ such tides alit] u )on which groxvs or may
grow some or any of the following: salt hay, black
grass, saltwort, sea lavender, tall cordgrass, high
bush, cattails, groundsel, marshmallow and Iow
march cordgrass; and/or
(3) All land immediately adjacent to a tidal wetland as
defined in Subsection Al2) and lying w/thin seven-
ty-five (75) feet landward of the most landward
edge of such a tidal wetland.
FRESIIWATER WETLANI)S:
(1) 'Freshwa~r wetlands" as defined in Article 2,1, Ti-
tle 1, j 24-0107, Subdivisions l(a) ~ ltd) inclusive.
of the Environmen~l Conservation ~w ot the Sta~
of New York: and
(2)
All land immediately adjacent to a "freshwater wet-
!and," as defiued in Subsection Bi 1) and lying with-
m seventy-five (75) feet landward of the most land.
ward edge of a "fresh~mter wetlm~d."
9705
FORM NO. 4
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
Office of the Building Inspector
Town Hall
Southold, N.Y.
Certificate Of Occupancy
No...Z. ~. 6..4.7.5. ........ Date ........... J. u..rig..6. ............... 198..6.
THIS CERTIFIES that the building ...... .5-.n.g r. 9.u.n.d.. p 9.q3:. ..........................
Location of Property 1060 Moore ' s Lane No. greenport
h3~ '~'o~ 's'tle3i .............. Haml'ei'
County Tax Map No. 1000 Section ..... .3.3. .... Block ........ 2. ......Lot ..... 3.3. .........
Subdivision..E.a..s .~.e.v.n...S.h.q v..e .s..S.e..c .t...3. .... Filed Map No..6. 4..7 .5...Lot No ..... 9. .9 .......
conforms substantially to the Application for Building Permit heretofore filed in this office dated
·..F.e.b.( .u .a ?. y. . .2 9 ....... 19.8.6. pursuant to wtfich Building Permit No ..... 1.4.6. ! .8.Z ...........
dated ......._~ .a.v.c.h...6 ............. 19 .8.6. , was issued, a-nd conforms to all of the requirements
of the applicable provisions of the law. The occupancy for which this certificate is issued is .........
· .gccessory inground pool
The certificate is issued to CARL J & RUTH V NELSON
.....................
of the aforesaid building.
Suffolk County Department of Health Approval ' N/..A ..................
UNDERWRITERS CERTIFICATE NO ................... .N.7fi. 2. 7 .3.5 .......................
Building Inspector
Rev. 1/81
FORM NO. 4
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
Town Clerk's Office
Southold, N.Y.
Certificate Of Occupancy
Date .... Augt~st. J5 .................. 19 79.
THIS CERTIFIES that the building ................................................
1060 Moores Lane North
Location of Property ...1.!20..I~le:b..Ponc~ .Road. ..................... Gr.eenpo~.t ....
House No. Street Ham/et
County Tax Map No. ]000 Section . 03.5. ....... Block .... 2, ......... Lot ...... 43 .........
Subdivision .E.a.s..t.e..7~...S.h.o.~..e.s .... S..e.c.... 3...Filed Map No ......... Lot No.. 99. .........
conforms substantially to the Application for Building Permit heretofore filed in this office dated
.... .A.u~4.s..C' .~.4. ...... ,197.9. pursuant to which Building Permit No ..... ~.0'1882. ..........
dated ...A.p.r.i.1..~9 ................ 19.7..9, was issued, and conforms to all of the requirements
of the applicable provisions of the law. The occupancy for which this certificate is issued is .........
...... .0.n.e., g.a~ly..dwelling, with. ac.cessor, y. s.tm. uctum, e .....................
The certificate is issued to .......C..a.r.1..~'.: . . .aB.d...R.u.~.h...V:..N~.l~p. rl .....................
{owner, le~see or tenant]
of the aforesaid building.
Suffolk County Department of Health Approval .... ff..Ul¥. D.,..~ 9.7.9.. #~.-~SO.-D.3.. R...A,. 3/'J.0_la
UNDERWRITERS CERTIFICATE NO ............ .44396.1 ........... ../.
/
Rev 4/79
FORM NO. 1
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN HALL
SOUTHOLD, N.Y. 11971
TEL.: 765-1802
Examined ................ , 19
Approved ................ , 19... Permit No ............
Disapproved a/c ~., / ~ ~ ~.
BOARD Orl ~ALTH ............
3 SETS OF PLANS ............
SURVEY .....................
CHECK ......................
SEPTIC FORM ................
NOTIFY
CALL ......... - ............
(Building Inspector)
APPLICATION FOR BUILDING PERMIT
Date .A.u.!tu.s.t..].7. .........1.9 .8.8.
INSTRUCTIONS
a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3
sets of plans, accurate plot plan to scale. Fee according to schedule.
b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets
or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli-
cation.
C. The work covered by this application may not be commenced before issuance of Building Permit.
d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit
shall be kept on the premises available for inspection throughout the work.
e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy
shall have been granted by the Building Inspector.
APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the
Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or
Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described.
The applicant agrees to comply with all applica~ie laws, ordinances, building code, housing code, and regulations, and to
admit authorized inspectors on premises and in building for necessary ini~x)~s3./ .'
.P :O[.D0g. 375, .$r.e~opQr~,, NY 3 ] 944 .
~ (Mailing address of applicant)
State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder.
Owner
Nameofownerofpremises Carl J. & Ruth V. Nelson
(as on the tax roll or latest deed)
If applicant is a corporation, signature of duly authorized officer.
(Name and title of corporate officer)
Builder's License No..S.e.a..B.r.e.e.z.e..I~3BJ $. I PC,. I proposed ) 734-6586
Plumber's License No. N/A
Electrician's License No. N/A
Other Trade's License No. N/A
1. Location of land on which proposed work will be done...M.o.o.r.e.s, tane North & Inlet Pond Road
1060 Moores Lane North ........
}louse Number Street Hamlet '~ ...........
County Tax Map No. lO00 Sect o ~ 0.3.3. Bock 2 tnt 43
Subdivision N/A Filed Map No. N/A
................ (~q'a;,; J) .............................. Lot N/A
2. State existing use and occupancy of premises and intended usc and occupancy of proposed construction: F
a. Existing Use and occupancy . .0.~e..F..a.m.~!y' .D.w.e.l.!~n.~' ................................................
b. lntendeduseandoccupancy Same with tennJs court and fence
3. Nature of work (checl~fich applicab e). New Building .......... Addition .......... Alteration ..
Repa/r .............. Removal .............. Demolition .............. Other Work X .......
Clay tennis court and 6' stockade fence as per attack survey (Description)
4. Estimatc'd Cost ......................................Fee .....
(to be paid on filing this application)
5. If dwelling, number of dwelling units ............... Number of dwelling units on each floor.
If garage, num her o f Cars ................................................. '
6. /~ibm~S~i~SnS~ CoOf,;~es:;~lsOtrmn~;~erdes ~c'au~ Y, spec,fy nature and extent of each'type of use .....
7. an~c ..................
Height ............... Number of Stories...
, ' y: Vront ............... Rear .............. Depth ..............
Dimensions of same structure with alterations or additions: Front ................................
Depth lleight ..... ' ................ Rear...
................. Number of Stories ..............
8. Dimensions of entire new construction: Front · ..
Height ............... Rear ............... Depth .
............... Nmnber of Stories .............
9. Size o£1ot: Front .... ' ................................... '
10. Date of Purchase ........... Rear ...................... Depth ..
I 1. Zone or use distric~ i~ ~'::'-:- ..... · ................ Name of Former Owner ..........
· mcu premises are situated .................................. i ..................
12. Does proposed construction violate any zoning law, ordinance or regulation: .......... .
13. Will lot be regraded ............................ Will e tess be removed rom prem scs: No
14. NameofOwnerofpremises .qarl & Ruth Ne. ls.on Address[~Jx 39~, Greenpor~ .... 477-1~'~
Name of Architect N/A ..... ] .......... .- · ,,,., .... ...........Pl.,.,..e N,.,. ~ (R)
Name of Contractor' '~i,/i ....... i ............. Address... ~16~ ........ NY Phone No 477-'T9~0 '('B)' ' ' '
15.Is this property located '~].[&'i'~'~I;~;cA-ddress .;....t .............. VhoneNo. ......... .~''
~-~ ,, ~ feet or a tidal ~etla · * ....
~-r yes, Southold Town Trustees Permit may be reauired, nd. YES .... NO..X..
· - PLOT DIAGRAM -
Locate clearly and distinctly all buildings, whether existing or proposed, and, indicate all set-back dimensions from
property lines. Give Street and block number or description according to deed, and show street names and indicate whether
interior or corner lot.
Clay tennis court and 6' stockade fence as pee attack plan
~TATE OF. NEXV YORK, _
S.S
7. o*' '
(Name of individual signing contract) ...... being duly sworn, deposes and says that he is the applicant
~bove named.
le is the ~.._:... '
............ ~a ~,~ c rt..-.
(Contractor, agent, Corporate officer )
, etc.
f said OWner or owners, and is duly authorized to perform or have performed the said work and to make and file this
pplication: that all statmnents contained in this application are Irue to the best of his knowledge and belfef; and that the
.'ark will be performed in the manner set forth in the application filed therewith.
worn to before ale this
(Signature of applicant)
DIST.
1000
SEC.
033.00
BLK.
02.00
LOT
043.000
THiS INSTRUMENT--THIS INSTRUMENT SH~ BE USED BY LAWYF~S oNLY.
CONSULT YOUR LAWYER REFOR~E SIGd~ TI
~ ~~ made the 2nd ~y o~ February , minet~n h~dred ~d seventy-nine
DOROTHY G. ~LCH, residing at 280 Ce~cle Road, ~ke ~nkonko~, New York
party of the first part, a~d
CARL J. NELSON and RUTH V. NELSON, his wife, both residing at
1025 Albacore Drive, Greenport, New York
party of the second part, · ,.. '.
~ that the party of the first rt, in conside~tio,n of Ten Do, liars and oJh.~er_ valuable considerati.on
WITN ~ - - J ~---~- ..... +ana release unto the par~y o~ me second part, the heirs
paid by the party of the secona part, aoes
or successors and assigns of the party oi the secona part torever,
~,.L that certain plot, piece or parcel of land& .wi.th the bm_ldings ~ndel,m.~vl~en re,
lyingandbe~ng~X~ex near Greenport vi--age, '~'own o: ,~,~ ....... , - ~ '~lap of
and State of New York, designated as Lot (t99 on a certain map entitled,
Eastern Shores a~ Greenport,~ Section 3", filed in the office of the Clerk of
the County of Suffolk on 9-27-65 as Map #4475.
TOGETHER with beach rights and access ~ereto as described in grant made by
H.J.S. Land and Development Corp. and J.M.S. LavJ mnd Development Corp. to
Eastern Shores, Inc., dated the 17th day of March, 1965 and recorded in the
office of the Clerk of the County of Suffolk on 3-18-65 in'L. 5716 P. 16.
BEING AND INTENDED TO BE the same premises conveyed to the Party of the First
Part by deed dated the 25th day of March, 1971 and recorded in the office of
the Clerk of the County of Suffolk on the 31st day of March, 1971 in Liber
No. 6907, page 416. $ .......... ./.~..~:).~...
R'EAL ESTatE
Z31%~ FEB 1 5 1979
TR~N!S F~R TAX
S~U,~PO~I'K
CO'U.'NYY
TOGETHER with all right title and interest, if 'any, of the party o[ the first part in an'd to any streets and
roads abutting the above described premises to the center 1 nes thereof; TOGETHER with the appurtenances
and all tile estate and rights of the party of the first part in and to said premises; TO HAVE AND TO
[O[.l) the premises herein granted unto tile party o[ tile second part, the heirs or successors and assigns of
the party o[ the second part forever.
~.ND the party of thc first part covenants that the party of the first 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 consid-
eration as a trust {und to be applied first for the purpose of paying the cost of the improvement and will apply
tile 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 xvord "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires.
IN %~qTNF...R$ WHF..RE. OF~ the party of the first part has duly executed this deed the day and year first above
written.
' OROT /. ELCH
ILfW-YORK, COUNTY OE Suffolk
On the 2nd day of February 19 79
personally came
DOROTHY G. WELCH
to me known to be the individual
executed the foregoing instrument% and
she executed the same. /~
NOTARY PUBLIC
, before me
described in and who
acknowledged that
STATE OF NEW YORK, COUNTY OE
On the day of
personally came
to me known, who, being by
say that he resides at No.
19 , before me
me duly sworn, did depose and
that he is the
of
, the corporation described
in and which executed the foregoing instrument; that he
knows the seal of said corporation; that the seal affixed
to said instrument is sue~ corporate seal; that it was so
affixed by order of the bo~trd of directors of said corpora-
tion, and that he signed h nme thereto by like order.
STATE OF NEW YORK, COUNTY O1~ ss:
On the day of 19 , before me
personally came
to me known to be the individual described in and who
executed the foregoing instrument, and acknowledged that
executed the same.
STATE OE NEW YORK, COUNTY O1:
SS:
On the day of 19 , before me
personally came
the subscribing witness to the foregoing instrument, with
whom I am personally acquainted, who, being by me duly
sworn,, did depose and say that he resides at No.
;
that he knows
to be the individual
described in and who executed the foregoing instrument;
that he, said subscribing witness, was present and saw
execute the same; and that he, said witness,
at the same time subscribed h name as witness thereto.
WITH COVENANT AGAINST GRANTOR'5 Acrs
TITLE NO,
SECTION
BLOCK
LOT
COUNTY OR TOWN
TO
Recorded By:
TITLE INSURANCE
Return to:
Recorded At Request of
RETURN BY MAIL TO:
Robert W. Tasker, Esq.
425 Main Street
Greenport, New York
zi~ N~ 11944
~l~ J ~') COUNTY OF ~UFFOLK [~'~ SOUTHOLD l ..... e J
~ °' ~----"-~,~ ,~° 'T~Real Property Tax Service AgencyJ~ J ~ ~ J
"""* (~) COUNTY OF SUFFOLK ~ SOUTHOLD J SeCTJ~m
"°~"° ~.,,~,.,---'~ ':JReoJl ProperlYc...,,Tax¢..,o.Service Agency J.*-u- .j.,..~,,~ --I00o -J 033