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HomeMy WebLinkAbout3681 Southold Town Board of Appeals MAIN RnAD- STATE ROAD 2,5 c~OUTHI-ILD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 368] Application Dated 0ct0ber ]4, ]987 TO: Marie Ongioni, Esq. as Attorney for MR. AND MRS. ANTHONY LEONE 218 Front Street Greenport, NY 11944 [Appellant (s) ] At a Meeting of the Zoning Board of Appeals held on February 2~ 1988, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [X] Request for Varianc~ to the Zoning Ordinance Article III, Section~ ]00-31, Bulk Schedule [ ] Request for Application of ANTHONY AND ANGELA LEONE. Variances to the Zoning Ordinance, Article III, Section 100-31, for approval of insufficient area and width of two parcels proposed in this pending division of land, and establishing insufficient sideyard setback of existing dwelling and acces- sory storage building on vacant lot (Section 100-32). Location of Property: East Side of Deep Hole Drive, Mattituck, NY; County Tax Map Parcel No. 1000-115-13-12.1 (previously 11 and 12). WHEREAS, a public hearing was held and concluded on January 14, 1988 in the Matter of the Application for ANTHONY AND ANGELA LEONE under Appl. 3681; 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 a 28,689 sq. ft. parcel of land located along the east side of Deep Hole Drive, Mattituck, in the Town of Southold with frontage of 200± feet along Deep Hole Drive and lot depth of 150 feet. 2. The subject premises is a described parcel of land acquired by the applicants on June 14, 1982, as was conveyed andshown by single deed at Liber 9211 cp 257. This parcel is shown on the current Suffolk County Tax Maps as Lot 12.1 of District 1000, Section 115, Block 13. 3. By this application, appellants request the following relief: (a) insufficient 13,630 sq. ft.; (CONTINUED ON PAGE TWO) DATED: February 2, 1988. Form ZB4 (rev. 12/81) lot area of proposed Parcel One of CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appl. No. 3681 Matter of ANTHONY & ANGELA LEONE Decision Rendered February 2, 1988 (b) insufficient lot area of proposed Parcel Two of 15,059 sq. ft.; (c) insufficient lot width of each proposed Parcel One and Two of 100 feet. 4. Also noted is an accessory building to be established on a vacant parcel (proposed Parcel One) which would not be in conformance with either Article III, Section lO0-30A or 100-32 of the Zoning Code (such building is not a permitted principal use). 5. Article III, Section 100-31, Bulk Schedule of the Zoning Code requires a minimum lot area of 80,000 sq. ft. and minimum lot width of 175 feet. It is also noted that the minimum setbacks of principal structures on each parcel proposed (if approved) under Column "A" of the Zoning Code would be 35 ft. front yard, 35 ft. rear yard, 15 ft. side yard, and 25 ft. total side yards. 6. The entire parcel of 28,689 sq. ft. is nonconforming under the zoning regulations as to lot area. 7. The percentage of relief requested from the minimum lot area requirement of 80,000 sq. ft. is 66,640 sq. ft., or 83 percent as to proposed Parcel One. The percentage of relief requested from the minimum lot area requirement of 80,000 sq. ft. is 64,941 sq. ft., or 81 percent as to proposed Parcel Two. The percentage of relief requested as to lot width for each proposed parcel is 75 feet, or 43 percent. 8. In considering this application, the Board also finds and determines: (a) The lot area as exists is not excessive and does not overburden the property owner; (b) the percentages of relief requested as to lot area and lot width are substantial; (c) the premises was acquired by the applicants more than five years ago by one legal description~ (d) the practical difficulties claimed are not unique and are self-created; (e) project; public water and sewer are not proposed in this (f) the circumstances of the property are not unique, (g) a majority of the lots existing in the immediate vicinity are of a size similar to that proposed herein; however, there are other parcels larger, and a precedent could be set; (h) the grant of this application will set a precedent for further nonconformities; (i) there is no other method feasible for appellants to pursue other than a variance; Page 3 - Appl. No. 3681 Matter of ANTHONY & ANGELA LEONE Decision Rendered February 2, 1988 (j) significant economic injury has not been suffi- ciently demonstrated by dollars and cents proof; (k) which the be served in view of all the above factors and the manner in difficulties arose, the interests of justice will by denying the relief requested. Accordingly, on motion by Mr. Douglass, seconded by Mr. Sawicki, it was RESOLVED, to DENY the relief requested under Appeal No. 3681 in the Matter of the Application for ANTHONY AND ANGELA LEONE. Vote of the Board: Ayes: Messrs. Grigonis, Douglass and Sawicki. (Members Doyen and Goehringer were absent.) This resolution was duly adopted. lk CHARLES GRIGON~_,~, JI~Z.' Chairman Pro Tem IRECEIVED AND FILED BY ..... D TOWN CT.~I~ THE SOUTI~©L 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 Hill, Main Road, Southold, New York, on THURSDAY, JANUARY 14, 1988 at the following times: 7:35 p.m. Appl: No. 3705 ARTHUR V. JUNGE for a Special Exception to the Zoning Ordinance, Article VIII, Section lO0-80(B) for permission to establish electrical shop use and construct two buildings located as shown on Site Plan dated March 10, 1987, prepared by John A. Grammas & Assoc. Zone District: C-Light Industrial. Location: North Side of C.R. 48, Cutchogue, NYN County Tax Map District 1000, Section 96, Block 1, Lot 19, containing 45,589± sq. ft. in lot area. 7:40 p.m. Appl. No. 3697 - WILLIAM AND PAULA TUITE for a Variance to the Zoning Ordinance, Article XI, Section lO0-119.2 for permission to reconstruct and extend porch within 75 feet of existing bulkhead along Little Peconic Bay. Location of Property: South Side of Midway Road, Southold, NY~ Cedar Beach Park Map No. 90, Lot 113; County Tax Map District 1000, Section 90, Block 2, Lot 6. 7;45 p.m. Appl. No. 3676 - ANTHONY ROBUSTELL!. (Recessed from December 10, 1987 as requested). //~ 7:50 p.m. Appl. No. 3681 - ANTHON~Y AN~D ANGEL~A LEON~E.'"'~ Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area and Width of two parcels proposed in this pending division of land, and establishing insufficient sideyard setback of existing dwelling'ahd accessory storage building on vacant lot ~(Section 100-32). Location of Property: East Side of Deep Hole Drive, Mattituck, NY; County Tax Map Parcel i_No, lO00-115-13-12.1 (prey. li and 12). Page 2 - Notice of Hearings Southold Town Board of Appeals January 14, 1988 Regular Meeting 7:55 p.m. Appl. No. 2706 - MANFRED E. KUERNER. Variances to the Zoning Ordinances Articles III, Section 100-31, and XI, Section 100-119.2 for permission to construct additions to existing dwelling with a reduced southerly sideyard setback, insufficient total sideyards~ excessive lot coverage and with an insufficient setback from bulkhead along "Old Cove" at Arshamomaque. Location of Property: East Side of Carole Road, Southola, NY; County Tax Map Parcel No. 1000-52-2-3o 8:00 p.m. Appl. No. 3652 GUIDO AND ANNA CIACIA. Variances to the Zoning Ordinance, Article VI, Section lO0-61, Bulk Schedule for approval of insufficient area, width and depth of two parcels in this pending division of land located at the corner of the eas~ s~de of Kerwin Boulevard and the south side of Main Road, Greenport. Zone District: B-Light Industrial. County Tax Map Parcel No. 1000-53-2-20; Peconic Bay Estates Lots 178 and part of 177. 8:10 p.m. Apb1. No. 3699 EDWARD AND BARBARA BETSCH. Variances to the Zoning Ordinance, Article III~ Section 100-31, Bulk Schedule, and Article ×I, Section lO0-119.2 for permission to construct addition[s) to dwelling with an insufficient westerly siaeyard setback, insufficient total sideyards~ and insufficient setback from nearest wetland area along Marion Lake (landward of existing accessory garage structure). Location of Property: North Side of Rabbit Lane, East Marion, NY~ County Tax Map Parcel No. 1000-31-17-15. 8:20 p.m. AOD1. No. 3698 - THOMAS ZIMMERMAN. Variance to the Zoning Ordinance, Article XI, Section lO0-118E for permission ~o rebuild and repair existing nonconforming ssructure which exceeds 50% of fair value of same and which exceeds those limitations of Prior ~.B.A. Appl. No. 3590 rendered March 5, 1987. Location of Property: 265 Rochelle Place, Mattituck~ NY; County Tax Map Parcel No. 1000-144-04-09 and 09, containing .60 of an acre total. 8:30 p.m. Appl. No. 3688 - ANTHONY AND SALLY PIRRERA. Variance to the Zoning Ordinance, Article III, Section lO0-31, Bulk Schedule, foF approval of insufficient width (frontage) of two parcels in this pending division of land. Location of Property: North Side of C.R. 48 (North Road), Greenport, NY County Tax Map Parcel No. 1000-40-01-20, containing a total area of 5.20± acres. Page 3 Notice of Hearings Southold Town Board of Appeals Regular Meeting - January 14, 1988 The Board of Appeals will hear au said time and place all persons or representatives desiring ~o be hearo in each of the above matters. Each hearing will not start before the time allotted. Written comments may be submitted prior to the con- clusion of the subject nearing. For more information, please call 765-1809. Dated: December 31, 1987. BY ORDER OF THE SOUTNOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary ATTENTZON NEWSPAPERS: Please publish once~ to wits THURSDA¥~ JANUARY 7~ 1988 and forward AffidaviTs of with your bill and signeQ voucher Board of Appeals on or before you. Publication Together to the Office of The January 12th. Thank FORM NO, 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TO$¥N CLERK'S OFFICE SOUTIiOLD, N.Y. NOTICE OF DISAPPROVAL PLEASE TAICE NOT1CE that your application dated ................. 19 .~.."~. for pemfit to~ct.a~&~[- . ~. 7 ..................... at Location ofPrope;ty ~.~..~.~7~ ........... ~ou~o ~o. q Steer County T~x Map No. I000 Section -. [A~ ...... Block .... 4 .~ ...... Lot . .t~.~ ¢.: .... SubdMs~on ................. Filed Map No ................ Lot No .................. is returned herewit~ and disapproved on the following grounds. ~. ~.. ~ .~*¢.T~c % ~ ~ ~. ~ ................... : .......................... TOWN OF SOUTHOI. D, NEW YORK DECISION OF~ BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We)Ai'/.%~.OL~.¥.,I~OiiG..~[]~.J~I'I~ELA..L:~(]I~]~.,....of ..l~.~..]~ep,.~gJ.~,,~;~,~ ....................... ~ ........ Name of Appellant Street and Number .... : ........ ~.fiA~A~..c..k. ...... : .................................................... ?.~...~P..Lk.. ....... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit 1355 Deep Hole Dfiv& Matt~tuck New York State of Street and Number Municipality (×) PERMIT TO USE suSdivide ( ) PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTy1355 Dee~ Hole ,Dr~v~ec, Mattit~,c,k,, N.Y.. 11 & District 1000 Section llSBlockl3 Lot .... Owner Anthony Leone & A~gela Leone ~ Alfred J. Posnansk~, ~ary Ann /v~op No. Lot No. Prior uwper S~elen Po!a~nski Co.x_ 2. PROVISION (SI 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 1 Section 106-20 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, ]6 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal ~ (has not) been mode with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ) A Variance to Section 280A Subsection 3 ) A Variance to the Zoning Ordinance ~s requested for the reason that the owner inten~ to ~e-e~t:ablish as separate pa~cele the lots known on the Suffolk County Tax Map as Section 115, Block 13, Lots 11 & 12. Form zB] (Continue on other side) , ''; ''~ REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practica~ difficulties °r un~eceSJ sory HARDSHIP because the parcel in its current configurat~_on is significantly larger than other lot sizes in the area. Thus the owner is being deprived of the most productive and economically feasible use of the land permitted in this community. Therefore, applicant wishes to subdivide the parcel in the interest of family estate planning and to better provide for his family. Thecommnnity was designed and built around the concept of moderate sized lots to foster affordable housing for the middle class. The lot in its current configuration is contrary to that intent. 2. The hardship created is UNIQUE and is nor shored by all properties alike in the immediate vicinity of this property and in this use district because the hardship results from the fact that, many years ago, the then current owner of this parcel held title to more than one contiguous lot. Thus, when the law with respect to the ownership of contiguous lots was amended, the separate parcels merged. Clearly, this fact is unique and is not shared by all property owners in the area, AG the time Of the development of this community, the lots were designed to be approximately 100 x 150, or 15,000 square feet. Most lots in the community still approximate those dimensions. It is only because of the merger that the instant parcel is larger. A set-off of this parcel will create two lots typical in size to all other lots in the area. 3. The Variance wou{d observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the area consists of lots which are comparable to the proposed lot sizes. Attached hereto is a copy of the Suffolk County Tax Map of Dist. 1000, Sect. 115, BI. 13, the area surrounding the instant parcel. ~he Tax Map illustrates that other lots in the area are similar in size tO the proposed lots and supports the conclusion that the proposed lots are in con- formance therewith. In fact, the parcel is described on the Suffolk County Tax Map as two separate lots, "11 and 12" of Block 13, each measuring approximately 100 x 150. Only as a result of a prior owners inadvertence were the two parcels merged. Applicant should not suffer economic and familial hardship for such inadvertence and/or lack of knowledge of the law. Furthermore, the proposed set-off is in harmony with and will promote the general purpose of the zoning ordinance. It will not prevent the orderly and reasonable use of adjacent properties. In fact, it will foster the continued development of the community as it was intended in the original plans filed. Finally, the safety, health, welfares comfort, convenience and order will not be STATE OF NEW YORK ) Sworn to this A~?/ day o OWNER FORMER OWNER RES. ~ ~o LAND NEW FARM Tillable Tillable SEAS. IMP. 0 NO~MA£ Acre N S VL FARM TOTAL DATE BELOW ABOVE Value Per Value Ac re VILLAGE E W COMM. CB. MISC. REMARKs LOT ACR. TYPE OF BUILDING Tillable 3 Woodland Swampland Brushland House Plot FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHFM, D ~xJ'~ns[on Porch Porch Breezewo, COLOR ?,- .-~/a Foundotion .~ ~ ~/I ~3asemer~t Ext. Walls Fire Place I Type Roof Dormer Driveway Bath Floors Interior t~inish Heat ~ ~ Rooms 1st Floor Rooms 2nd Floor ./ ...TRANSCRIPT OF '..SOUTHOLD .TOWN B~.ARD OF~.APp~AF~.q ..RRGULAR MEETING OP .T. HUR-qDAY, 3ANUAR¥ 14, 1988 Appl. BO.: Applicant(s).: ANTHONY AND ANGELA LEONE · LOCa~OD Of Pro~rty; E/s Deep Hole Drive, 'Cou~ Tax Hap XD.No. ~000-t15-13 -12.1 Mattituck Board Hembers present: Chairman Goehr nger p. Henbere:. Grigonis.and. Saeicki. Absent' . ·Doyen and Douglass, Go~nger, Aloe Present: Victor Lessard (Bu~Iding Dept.), L~nda KoealekA, Z.B.A.. Secretar~".and.approxima~el¥ per~ons in ~he audience. The'Chairman opened the hearing a~7:50 o'clock p.m. and read ~he notice of hearing and application for ~he record. CHAIRMAN GOEHRINGER: I have a copy of a survey. The most recent date is September 16, 1987 indicating the house lot of 15,059 square feet and thellot with the one-story framed building on it of 13,630 square feet. And I have a copy of the Suffolk County Tax Map indi- cating this and surrounding properties in the area. Mr. Ongioni would you like to be heard. MS. ONGIONI: I have a memorandu~ which I would like to submi~tQ the Board for their review in conjunction with this application. I have sufficient for all the members. As the applidati0n states and as the survey detects, my client would like to re-establish two separate lots for this parcel. The reason he wishes to create separate buildable parcels because he is planning for the future of his children. What he plans to do at some point in the future when his children are adults, is to construct a dwelling for one of them to use. That will prevent him from leaving the area. As wel.all know, affordable housing is very scarce and all too many of our young peo- ple are being forced to leave the area. And Mr. and Mrs. Leoni would like to prevent that from happening to their family. They would therefore, like to have their separate lots in order that they will be able to construct a dwelling sometime in the future. Now, as you can see from the survey, these two lots are quite substandard. Admitedly, they are.~very substandard viewing today's zoning codes and the requirements for lot size. However, when taking in the context of this particular community and the fact that there are many many lots comparable in size t° the proposed lot. I think that's encum- bant on the Board to grant this area variance. Thememorandum that Page 2 - January 14~9o8n8y · ~ P~6'BLIC HEARING - and Angela Leone Southold Town Board of Appeals MS. ONGIONI (continued): I've just submitted to you outlines the considerations that the courts have set forth for Zoning Boards in considering area variances and whether an area variance should be granted. The~major consideration is the practical difficulty of that of a property owner will be con- fronted with, weighed against the hardship to the public and the detri- ment to the public. And I submit to the Board, that in this particular instance, there is no detriment to the public, to the neighbors, to the town as a whole if this area variance is granted. In~act, I found a survey of lot sizes in this particular subdivision. I've analyzed lot 12, 13 and 14 in this particular district and section of Southold and I've fo6nd that the vast majority of lots range between 10,000 and 30,000 square feet. In fact, over 90% of the lots in this particular subdivision range between 10,000 and 30,000 square feet. Well below the current code requirements for lot sizes. The p6int being, that all of these lots are particular substandard giving today's standards. However, the community was designed in a time when the lot sizes were substantially smaller. For that reason and the fact that these two lots were separate lots and only because of someone's inadvertness to their merge, it would be in the interest of justice to re-establish these two lots as separate parcels and it certainly would not be con- trary to the character of the neighborhood. CHAIRMAN GOEHRINGER: Thank you. MS. ONGIONI: Do you have any questions? CHAIRMAN GOEHRINGER: Not right at the moment. Only the fact that there is an euxisting building on it and it appears that the building is an accessory building. It does not meet any of the setback re- quirements of a principal building. ~o therefore, if the Board did approve the application, there would be restrictions placed upon that particular building so as it remained as an accessory structure and not a principal dwelling. Just so you're aware. Thank you. MS. ONGIONI: Thank you. CHAIRM3~N GOEHRINGER: Is there anybody else who would like to speak in favor of this application? Anybody like to speak against the ap- plication? Any questions from Board members. Hearing no~rther questions, I'll make a motion closing the hearing reserving decision until later. Ail in favor - AYE% Southold Town Board of Appeals MAIN ROAD- STATE: ROAD 25 SOUTHOLD, L.I,, N.Y, ]197] TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRtGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI February 4, 1988 Marie Ongioni, Esq. 218 Front Street Greenport, NY 11944 Re: Appl. No. 3681 - Anthony and Angela Leone (Variances) Dear Mrs. Ongioni: Transmitted for your records is a copy of the recent findings and determination rendered by the Board of Appeals in the above matter. Yours very truly, Enclosure Copy of Decision to: Building Department Planning Board Linda Kowalski Board Secretary Southold T( wn Board of Appeals MAIN RDAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11~71 TELEPHONE (516) 765-1809 APPEALS BOARD January 14, 1988 MEMBER~ GERARD P, GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S . E . Q . R .A . SERGE DOYEN, JR. ROBERT J. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPHH.$AWICKI Notice of Determination of Non-Significance APPEAL NO.: 3681 PROJECT NAME: ANTHONY AND ANGELA LEONE This notice is issued pursuant to Part 617 of the implementlng 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 [ ] Unlisted [ ] DESCRIPTION OF ACTION:Approval .of insufficient area and width of two parcels in this pending division of land and establishing insufficient sideyard setback of existing dwelling and accessory building on vacant lot LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Deep Hole Drive, .Mattituc~, NY 1000-115-13-12.1 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; (~) The relief requested is not directly related to new con- structlon. FOR FURTHER INFOP~TION, PLEASE CONTACT: Linda Ko%~alski, 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. (3) Information has been submitted'by applicant or his agen~ indicating that the project wi~ not involve the disturbance of wetland grasses or areas subject to flooding which may be considered wetlands. ~c NOfiCE OF HEARINGS NOTICE 1S HEREBY GIV- EN, pursltant to ,~ction 267 of the Town Law trna th~ Code of the Town of ',~MlthoId, the following heatings will be held by the SOUTHOLD TOWN geguiar Meemiag ,- tbe Southold Town ~Huil, M,,in Road, Southold, NY on THU~DAY, JANUARY 14r 1988 at the {following times: 7:35 p.m. Appl. No. 3705- ARTHUR V. JUNGE for a Special Exception~to the Zoning Ordinance, Article VIII, Section 100-80(B) for permission to establish electrical shop use and construct tv~ buildings located as shown on Site Plan dated March 10, 1987, ~ by John A. Gmmmas & Assoc. Zone District: C-Light In- dustrial. Location: North Side of C.R. 48, Cutchogue, NY, County "lhx Map District 1000, Section 96, Block 1, Lot 19, eon- mining 45,589+ sq. ft. in lot area. 7:40 p.m. Appl. No. 3697- WILLIAM AND PAULA TUITE for a Variance to the ~ning tommaoc~ ArtiCAe Section 100-119.2 for permls~km to recoostruct and extend porch within 75 feet of existing bulkhead along Little Peconic Bay. Location of Property: South Side of Midway Road, Southold, NY; Cedar Beach Park Map No. 90, Lot 113; County Tax Map District 1000, .Section 90, Block 2, Lot 6. 7:45 p.m. AppL No. 3676- ANTHON'~i~ ROBUSTELLL (Reces~d irrom December 10, 1987 as requested). ~ 7:50 p.m. Appl. No. 3681--~ ANTHONY AND ANGELA ~ Variances to the Zon- ing Ordinance, Article I!1, Sec- tion 100-31, Bulk Schedule, for approval of insufficient area and width of two parcels proposed ~ in this pending division of land, ~and establishing insufficient ]sideyard setback of existing ] dwelling and accessory storage building on vacant lot (Section 100-32). Location of Property: Fast Side of Deep Hole Drive, Mattituck, NY; County 7hx Map Parcel No. 1000-115-13-12.1 ~,~rev. 11 and 12). 7:55 p.m. Appl. No. 3706- MANFRED E. KUBRNER. ~ ~i~ I!1, ~ion l~i and XI, ~ction 1~119~2 for ~mion to strut additions to ~sting d~ ~h a ~u~ ~u~- ly sid~ ~thaek, iosuffident t~ ~d~; ~si~ lot c~e ~ ~ ~ ~suffi. cient ;:~k from buikhcad aloug "O{d Cove" at Ar- shmomaque. ~cation of ~o- ~: ~ Side of,~l¢ ~ad, ~utho~ ~; Co~ty ~ Map ~1 8:~. p.m. Appk No. 3652- OUI~ ~ ~NA C~C~. V~an~s to the ~Mng Or- dinan~ A~ele VI, ~ion 1~1, Bulk ~ul¢ for pr~ of in.fright ~, width and d~th of two p~ls in this ~n~ng division of land 1~ at the ~rn~ of the ~t Side of ~rwin Boul~ ~d the ~uth Side of M~n ~ad, G~n~m ~ ~stfi~: Light B~in~s. County Map ~rcd ~. 1~3-2-~; ~n~ ~y Es~s ~ts 178 · ' and pa~ of 177. 8:10 p.m. Appt. No. 37~- JAMES MESKOURIS. Vafi~c~ to t~ ~M~ Or- dinanc~ ~cle III, ~tion 1~31, Bulk Schedule ~ssi~ lot ~ ~d ~icle Xl, ~tion 11~119.2 ~ to con- station ~ I~ f~t of bulkh~ ~d o~ high wa~ m~k ~ong ~ng lsl~d ~und, for the pmpos~ con- stru~ion of o~ d<ks atm~- ~ to ~afi~ ~. ~tion of P~y: 1~ ~d ~ach Dri~ M~t~k, NY; ~pt. ~dd E$m~ ~ N~ 57; Coun- ty %x Map ~rcel No. 1~1~1-35. '8:20 p.m. Appl. No. 3698- THOMAS ZIMMERMAN. Variance to the Zoning Or- dinaan~ Article Xl, S~Jon 100-1181~ for approval of deck and to n~l~Iki/repair eaisting noncon formln_~ structure which .exceeds ~k of fair value of same and which ~ those limitations of Prior Z.B.A. 5, 1987. Location of Property: 265 Rochelle Place, Mattituck, NY; County Tax Map Parcel No. 1000-144-04-09 and 08,_ contain- ing .60± of an acre total.. 8:30 p.m. Ap!al. No. 3688- ANTHONY AND SALLY PIR- RI~RA. Varianos to the Zoning Or--ce, Article Ill, Section 100-31, Bulk Schedule, for proval of Insuffiek~t width (frontage) of two parcels in this pending division of land. Loca- tion of Property: North Side of C.R. 48 (North Road), Green- port, NY; County Tax Map Parcel No~ 1000.40-01-20, con- raining a total area of 5.20± acres., The Board of Appeals will hear at said time and place all ing to be h~ud in ~ach of the not start before the time allot- ted. Writteli comments may be submitted prior to the conclu- sion of tl~ r, ubje~ hearing. For more information, please call 765-1809. . Dated: Deomther 31, 1987 BY ORDER OF THE SOUTHOLD 'IDWN BOARD OF APPEALS GERARD P. OOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary IT-1/7/88(2) COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at SouthoJd, in Suffolk County; and that the notice of which the annexed is a printed copy, has been pubJished in said Long Island Traveler-Watchman once each week for / weeks successively, commencing on the ...................... day~7.~..~..~./...., 19..~.~'.~.~' Sworn to before me this ..................... day of 19 Notary Public BARBARA FORBES Notary Public, State of New York No. 4806846 Qualified in Suffolk County Commission Expire~ ~_~ ~/lOff ,egai Notices NOTICE OF HEARINGS NOTICE IS HEREBY [VEN, pursuant to Section 267 ~the Town Law and the Code of ~e Town ofsouthold, the follow- ~g hearing~ will be held by the OUTHOLD TOWN BOARD · ,o,, ,,~-o,, ~'k Schedule, for approval of ~{ .lcient area and width of two krcels proposed in pending division of land, and establishing insufficient sideyard setback of existing dwelling and accessory storage building on vacant lot (Section 100-32). Location of Property: E~mt Side of Deep Hole Drive, Mattituch, NY, County Tax Map P~wcel No. 1000-115-13-12.1 Sound Beach Drive, Mattituck t NY; Cpt. Kidd Estates Lot/~37; County Tax Map Parcel No. 1000-106-1-35. 8:20 p.m. AppL No. 3698 - THOMAS ZIMMERMAN. Variance to the Zomng Ordi- nance, Art/cie XI, Section 100- 118E for approval of deck and to rebuild/repair ealstin~g noncon- forming structure which exceeds ~F APPEALS at a Regular leering at the Southold Town {all, Main Road, Southold, New 'ork, on THURSDAY, JANU- ~RY 14, 1~ at the following 7:35 p.m. A~pl. No. 3705 - ~RTHUR V. JUNGE for a ;pecial Exception to the Zoning )rdinance, ~'ticle VIII, Section i00-80(B) for permission to es- ablish electrical shop use and ;onstruct two buildings located m shown on Site Plan dated March 10, 1987, prepared by Iohn A. Grammes & A~oc. Zone 9istrict: C-Light Industrial. Lo- :etlon: North Side of C.R. 48, Cutchogue, NY, County Tax Map District 1000, Section 96, Block 1, Lot 19, containing 45,589 ± sq. l~. in lot area. 7:40 p.m. Appl. No. 3697 - WII,[,I~M AND PAD'LA T~l'rl~ for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to reconstruct and extend perch w/thin 75 feet of existing bul- Variances to the Zoning Ordi- nance, Articles HI, Section 100- '? 31, and XI, Section 100-119.2 for permission to construct addi- tions to existing dwelling w/th a reduced southerly sideyard set- back, insufficient total sidayards, excessive lot coverage and w/th an insufficient setback fr~m bulkhead along "Old Cove" at Arshamomaque. Location of Property: East Side of Carole Road, Southold, NY; County Tax Map Parcel No. 1000-52-2-3. 8:00 p.m. Appl. No. 3652 - GUIDO AND ANNA CIACIA. Variances to the Zoning Ordi- nance, Article VI, Section 100- 61, Bulk Schedule for approval of insufficient area, width and depth of two parcels in this pend- ing division of land located at the corner of the East Side of Kerwin Boulevard and the South Side of Main Road, Green- pert. Zone District: B-Light Bus- (prev. llmadl2). -~ 50~ of fair value of same and 7:55 p.m. Appl. No. 3706 '~ ~iwhi~.h exceeds th(Me limitations MANFRED E. KUERNER..~!~f Prior Z.B.A. Appl. No. 3590 ;~r~nderod March 5, 1987. Loca- tion of Property: 265 Rochelle Place, Mattituck, NY; County Tax Map Parcel No. 1000-144- 04-09 and 08, containing .60 ± of 8:30 p.m. AppL No. 3688 - ANTHONY AND SALLY PIRREHA. Variance to the Zoning Ordinance, Article HI, Section 100-31, Bulk Sohodule, fo~ approval of insufficient width (frontage) of two parcels in this pending division of land. Loca- tion of Property: North Side of C.R. 48 (North Road), Green- pert, NY; County Tax Map Par- col No. 100040-01-20, contain- ing a total area of 5.20 ± acres. The Board of Appeals will hear at said time and place all pemons or representatives desir- ing to be heard in each of the above matters. Each hearing will not start before the time al- lotted. Written comments may khead along Little pegom~ B~y_ ..im~. County Tax Map Parcel Location of Property: South Side of Midway Road, Southold, NY; Cedar Beach Park Map No. 90, Lot' 113; County Tax Map Dis- trict 1000, Section 90, Block 2, Lot 6. 7:45 p.m. Appl. No. 3676 - ANTHONY ROBUSTELLI. (Recessed f~m December 10, No. 1000-53-2-20; P~conic Bay Estates Lots 178 and part of 177. 8:10 p.m. Appl. No. 3704 - JAMES MESKOURIS. Vari- ances to the Zoning Ordinance, Article HI, Section 100-31, Bulk Schedule as to excessive lot. coverage, and Article XI, Section 100-119.2 as to construction be submitted prior to the conclu- sion of the subject hearing., For more information, please call , 765-1809." Dated: December 31, 1987. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN 1987 as requested). ~, within 100 feet of bulkhead and Linde Kowalski, f~/~:50 p.m. AppL No. 3681 -/ ordinary highwater markalong RoardSecretary ANTHONY AND ANGELA~ Long hland Sound, for the prop- 5803-1TJ7 ' · LEONE. Variances to the Zen- ] ~ construction of open decks YORK } ) SS: FFOLK ) ontento of Greenport, in ~g duly sworn, says that ha/she is f THE SUFFOLK TIMES, a Weekly fished at Greenport, in the Town ,unty of Suffolk and State of New he Notice of which the annexed is r has bean regularly published in sr once each week for commencing on the 7 me this Principal Clark S th ldTo B d lApp Is ou o wn oar oea MAIN ROAD- STATE ROAD 35 SOUTHOLD, L.I., N.Y. ]197'1 TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGOfllS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time and date of the public hearing concerning your recent application is a copy of the Legal Notice as published in the L.I. Traveler- Watchman, Inc. and Suffolk Weekly Times, Inc. Someone should appear in your behalf during the public hearing in the event there are questions from board members or persons in the audience. Please be assured that your public hearing will not start before the time allotted in the Legal Notice. If you have any questions, please feel frae to 'call our office, 765-1809. Yours_ very tr~ul~,~ G"ERARD P. GOEHRINGER CHAIRMAN Enclosure Linda Kowalski Secretary and Board Clerk MARIE ONGIONI ATTORNEY AT LAW 218 FRONT STREET, GREENPORT. NEW YORK MEMORANDUM Applicant: Anthony and Angela Leone Request: Request for an area variance to the Town of $outhold Zoning Ordinance for applicant's property located at 1355 Deep Hole Drive, Mattitack, N. Y. Dated: January 14, 1988 Applicants are seeking to re-establish their property as two separate parcels. The premises were originally two separate lots, but due to inadvertance merged at the time of transfer of title. One parcel will measure 15,095 square feet and the other will meas- ure 13,630 square feet. Applicants are requesting the area vari- ance to provide for their family's future. Specifically, in antic- ipation of the continued housing crisis in Southold Town for young people and in order to avoid the unfortunate result many young people are facing, Mr. and Mrs. Leone wish to re-establish a sepa- rate buildable lot and to eventually build a house for one of their adult children to occupy. The Board is very familiar with the scarcity of affordable housing in the Town and the unfortunate re- sult that many young people are left no alternative but to leave the area. Mr. and Mrs. Leone are trying to prevent this avoidable reality and help their children get started locally. Clearly, this is a valid personal objective and will in the long run be to the benefit of the Town. Accordingly, it would be a severe hard- ship on the applicants and their family if the area variance is denied. It is well settled that the standard by which a request for an area variance is to be measured is whether strict compliance with the Zoning Ordinance will result in practical difficulties to the applicant. Although practical difficulties has never been precisely defined, it appears that the standard contemplates a balancing test whereby the hardship to the applicant is weighed against the detriment to neighboring properties and the public generally (In the Matter of Campus v. Delaney~ Board of Appeals of the Village of Scarsdale, 69 AD2 990, 463 N.Y.S.2nd 308). The hardship to the applicant herein far outweighs any remote and in- significant detriment to the community. In fact, applicant sub- mits that there would be no detriment to the community for the reasons hereinafter set forth. According to the Courts, five criteria are to be considered by a Zoning Board when considering applications for area variances: Criteria 1. How substantive the variance is in relation to the requirements. Criteria 2. The effect, if the variance is allowed, of the increased population density thus produced on available governmental facilities (fire, water, garbage and the like). Criteria 3. Whether a substantial change will be pro- duced in the character of the neighborhood or a substantial detriment to adjoining properties created. Criteria 4. Whether the difficulty can be obviated by some method, feasible for the applicant to pursue, other than a variance, and, Criteria 5. Whether in view of the manner in which the difficulty arose and considering all of the above factors the interests of justice will be solved by allowing the variance Matter of Wachsberger v. Michalis, 19 Misc. 2nd 909, 912, 191N.Y.S.2nd 621, 642). According to The Law of Zoning and Planning, 3rd edition, 2 Rothkopf, the relevant criteria for area variances are as follows: "The questions properly before the board of appeals on an application for a variance from 'area restrictions.'---are: 1. Whether compliance with the strict let- ter of the restrictions governing area, set- backs, frontage, height, bulk or density would unreasonably prevent the owner from using the property for a permitted purpose or would render conformity with such restrictions un- necessarily burdensome. 2. Whether a grant of the variance ap- plied for would do substantial justice to the applicant as well as to other property owners in the district, or whether a lesser relaxation than that applied for would give substantial relief to the owner of the property involved and be more consistent with justice to other property owners. 3. Whether relief can be granted in such fashion that the spirit of the ordinance will be observed and public safety and welfare secured. - 2 - In considering these basic questions the Board should take into consideration the na- nature of the zone in which the property lies, the character of the immediate vicinity and the uses contained therein, whether, if the restriction upon the applicant's property were removed, such removal would seriously affect such neighboring property and uses; whether, if the restriction is not removed, the restriction would have a tendency to create hardship (to any extent) to the owner in relation to his efforts to make normal im- provements in the character of that use of the property which is a permitted use under the use provisions of the ordinance". In applying the above criteria, the following is found: 1. The requested area variance is 81% for one parcel and 83% for the second parcel (see criteria 1 above). While this admittedly is a substantial deviation from the present zoning requirements, the proposed lots will be in conformance with the character of the neighborhood. The following chart sets forth the lot sizes in District 1000, Section 115, Blocks 12, 13 and 14. Applicants parcel is located in Block 13. RANGE OF LOT SIZES District 1000, Section 115 TOTAL 1 to 10,001 to 20,001 to ~g,O01 to BLOCK LOTS 10,000 sq.' 20~000 sq.' 30,000 sq.' ,000 sq.' 12 24 2 (8%) 13 (54%) 7 (29%) 2 (8%) Current 13 J 24 0 11 (46%) 12 (50%) 1 (4%) Proposed 13 25 0 13 (52%) 11 (44%) 1 (4%) 14 19 I1 (5%) 10 (53%) 8 (42%) 0 This chart illustrates that the vast majority of lots range between 10,000 square feet and 30,000 square feet, or deviations from 63% to 88%. On average in these blocks 91.33% of the lots are between 10,000 and 30,000 square feet. Presently, 51% of all lots range from 10,000 to 20,000 square feet and 40.33% of all lots range from 20,000 to 30,000 square feet. Under the proposed subdivision, 53% of the lots will range from 10,000 to 20,000 square feet, and 38.33% of the lots will range from 20,000 to 30,000 square feet. Clearly, therefore, the proposed parcels will conform with the character of the area. 2. Because of the size of neighboring lots presented in No. 1 above, (a) the character of the area will not be changed if the - 3 - area variance Js granted (s~ ~Tite~ ia 3), and (b) the~e will be no substantial detriment to adjoin- ing property owners (see c~ lt~ria 2). 3. The applicant is not ~i~ a f~nanciai position to persue other alternatives to alleviate the hardships (see criteria 4 above). 4. Finally, the interests of justice will be served by granting the variance. Under the circumstances, I urge the Board to grant the re- quested area variance. Respectfully submitted 'M^RIE ONGI ON 1'~ Prepared fo~ Submission al the Zoning Board of Appeals Public IIea~ing, ,January 14, 1988-7:50 P.M., Southold Town Hail, Main Road, New York - 4 - MARIE ONGIONI ATTORNEY AT LAW 218 FRONT STREET. GREENPORT. NEW YORK 11944 / ' / '~} November 19, 1987 Mg. Linda Kowalski :L_,uthold Town tiaii · ~,+t:ho!d .."~ew York 1197] 9 i Appeals Re: Aj>2eal No 36.1 Anthony and [ am in receipt of your letter dated November 13, 1987. Enclosed 1}ele;,,l I~ a,o Lhe foiiowJng: Suffokk Cour, Ly I)ep,r~.n~nt of: Ueal. ttl exempLion d-~ted 12, 1987. ,_,'1,,,, of .,exL'~.'~tates of Ucc.pancy for ali st~ur: dres :',n app.I icarJou .s before I ho Planning Board for its /npuL FJ. na!!y: r am appl,:qn,, ;~,-,,' the lequired DEC waiver. Row-- ~; i,:~ to thc aublic !lc.a~-;r,g_ 1he hearing will not be deJoyed. yon ~dvi.,;.d o!: thc P.:.:,nning Boaxd action. I shall Vc..y truly yours, iff'?. MARIE ONG* Ol~ 1 T D SLaY Southold, N.Y. 11971 (516) 765-1938 November 19, 1987 Marie Ongioni Attorney at Law 218 Front Street Greenport, NY 11944 Re: Set-off for Anthony and Angela Leone Dear Ms. Ongioni: The following action was taken by the Sputhold Town Planning Board, Monday, October 19, 1987. RESOLVED that the Southold Town Planning Board deny the set off for Anthony and Angela LEone located at Deep Hole Drive, Mattituck, SCTM# 1000-115-13-11 and 12 since the lots proposed are less than the required minimum area for zoning. Proposal is for 2 lots on 28,689 square feet. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. CHAIRMAN SOUTHOLD TOWN PLANNING BOARD BO/jd FORM NO, 4 ' TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy No..g. 1. ! .1.2.~. ......... Date ..... g.u. ~.u.s.L...1.1 .................. 198.2.. THIS CERTIFIES that the building .~... I .3.) ......................................... Location of Property .! .3~.5. ............... p.e.e.p..H.q~.e...D.v.~, y.e .......... ~.a.~.~.~.3.u.c.k.... House No. Street Hamlet County Tax Map No. 1000 Section .. ] .15 ....... Block . .!.3 ........... Lot . .1. !..&..1..2 ....... Subdivision .... .X .......................... Filed Map No..Z. ...... Lot No...X ............ Requirements for a private one-family dwe]l±ng bu±lt pr±or to conforms substantially to the A-pptie~i~n-f~r -I~fldi-ng-t~rmit -tmr~ofDre-flled -Iff 'tRig Certificate of Occupancy · . .fi.p.v.x.' .1..2.3. ......... , 19.5.7. pursuant to which'B~itd'mg Pel-nfit-No .... .Z.!I' .1 .~.t4. ....... .... dated ..... fi. 9 gg.~.~. . .~ J ............. 19.8.7, was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this ~ertificate is issued is ......... The certificate is issued to ..... .A.n.n...P.o.~. n..a.n.~.~ $ ...................................... (owner,-le~ee.m'-tarmeaq- of the aforesaid building· Suffolk County Department of Health Approval ...... .n./..v ................................ UNDERWRITERS CERTIFICATE NO ............... n/. I' .............. .' ................. Rev. 1/81 Building Inspector FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy No.. Z12670 August 6 ................ Date ................................. 19~.4. THIS CERTIFIES that tile building addition Location of Prnnertv 1 3 5 5 Deep Hole Drive Mattituck House No. Street Hamlet County Tax Map No. 1000 Section 115 ...Block 13 11 & 12 , ........................ LOt ................. Subdivision ............ x. .................. Filed Map No. x .Lot No. x conforms substantially to the Application for Building Permit heretofore filed in this office dated October 13 , 198.4 pursuant to which Building Permit No. 12689Z dated October 13 198.4. .............................. was issued, and con. forms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ......... addition to one-family dwelling. The certificate isissued to ANTHONY & ANGELA LEONE (owner, '.'J:~dc'/.;":~,~_~.'LI ...................... of the aforesaid building. Suffolk County Department of Health Approval N/A ........... UNDERWRITERS CERTIFICATE NO ..................... N599374 Building Inspector Rev. 1/81 Southold MAIN RnAD-STATE Er'taD 25 Town Board of Appeals 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 November 13, 1987 Marie Ongioni, Esq. 218 Front Street Greenport, NY 11944 Re: Appl. No. 3681 - Anthony and Angela Leone (Variances) Dear Mrs. Ongioni: This letter will acknowledge receipt of your recent application before the Board of Appeals. The Board members will be conducting field inspections and environmental reviews as may be required by State and local laws prior to scheduling your application for a public hearing. It is requested in the interim that_you proceed with the IX] Planning Board [X] Co. Health [X] DEC (for waiver) concerning their jurisdiction in this matter in order that they may submit their written comments, formal action, or other input as early as possible. Upon receipt of their input, your application will be scheduled for the earliest available hearing date. If the above document(s) are submitted within 30 days~ it is expected that a public hearing would be held about the early part of January. A copy of the notice of hear- ings as published in the Long Island Traveler-Watchman and the Suffolk Times will be sent to you as confirmation. Please feel free to call at any time if you have questions. Yours very truly, GERARD P, GOEHRINGER CHAIRMAN *together with copies of all for the existing buildings cc: Planning Board By Linda Kowalski Certificates of Occupancies Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting January 14, 1988 Copies Mailed to the following 12/22/87: Mr. Arthur V. Junge, 6880 Nassau Pt. Road, Cutchogue 11935 Mr. and Mrs. William Tuite, 1777 Harvard Ave, Merrick, NY 11566 Mr. and Mrs. Anthony Robustelli, 48 Revere Road, Manhasset, NY 11030 Marie Ongioni, Esq. as Attorney for Anthony & Angela Leone Patricia C. Moore, Esq., Edson & Bruer, as Attorneys for Manfred E. Kuerner Guido and Anna Ciacia Anthony and Sally Pirrera Anthony B. Tohill, Esq. as Attorney for Edward and Barbara Betsch Mr. Thomas Zimmerman, 39 Eric Lane, New Hyde Park, NY 11040 Z.B.A. Chairman and Members with maps, etc. Delivered to the following 12/22/87: Planning Board (Diane and Valerie) Building Department (Inspector~-2) Town Clerk Bulletin Board ZBA Office Bulletin Board Delivery to the Suffolk Times and L.I. Traveler on 1/ /88 JUDITH T. TERRY OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 TO: FROM: October 14, 1987 Southold Town Zoning Board of Appeals Judith To Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3681 , application of Anthony & Angela Leone 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 to this application. Judith T. Terry Southold Town Clerk MARIE ONGIONI ATTORNEY AT LAW 218 FRONT STREET. GREENPORT, NEW YORK 11944 Mr. Gerard P. Goehringer, Chairman Southold Town Board of Appeals Main Road, State Road 25 Southold, New York 11971 Re: Application of Anthony and Angela Leone Dear Mr. Goehringer: I am the attorney for Anthony and Angela Leone in their application to set off their property at 1355 Deep Hole Drive, Mattituck, New York. Enclosed herewith are the following requirements of Zoning Board of Appeals relative to the application: 1. Appiication in triplicate~ 2. Short Environmental Assessment Form. 3. Zoning Board of Appeals Questionnaire. 4. Copy of Notice of Disapproval. 5. Copy of Certificate of Occupancy. 6. Four prints of survey; please note o__n the property line will be demolished. that the the 7. Check in the sum of $150.00 representing the filing I am forwarding the Notice of Adjoining Property Owners shall forward it shortly Enclosures please advise. structure fee. and If you require anything further, Thank you for your cooperation. Very truly y~urs, MARIE ONGIONI ATTORNEY AT LAW 218 FRONT STREET, GREENPORT. NEW YORK 11gA4 November t,, 1987 Linda Kowal~ki qo.theld Town Zo;,i~:< Boa~d of 5:outhold Town Hall Road 3outhold, N. Y. 11971 Appeals Re: Application of Anthony Leone i.;e~r Ms. Kowa!ski: ~;.,~c[osed i~e~ewith are tho notices to adjacent property ;~::ners for the above captioned application. If you requi~e anything furthe~ with respect to this ~ppl tcation, please advise. Very truly yours, BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter oT the Petition of ANTHONY AND ANGELA LEONE totheBoardofAppealsoftheTownofSouthold TO: MR. AND MRS. FRANK ZALESKI 1035 DEEP HOLE DRIVE MATTITUCK, NEW YORK 11952 NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special l:xception) (Special Permit) (Other) [circle choice] ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 1355 Deep Hol~_Driye i Mattituck, N. Y, 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: Permission to set-oFf part of the lot to re-establish two separate and dimtin~r pnrr~l~ n,~ described in the Suffolk County Tax Map as Dist. 1000. Se~t. ]15~ BI. 1.3 Lots 11 & 12. The proposed lots will measure approximately i00 x 150, typicle of al.[~ot$ in the cp~munitv_ 3. I hat the provisions or[ne~out.t~l'd Town Zoning Code applicable to the relief sought by the under. signed are ~rticle 1 Sec~on 106-20 [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated:/~/~ c~ ~ /~Z~ %~!~Na~s:ANTH~NY & ANGELA LEONE Post Office Address ~ --- c/o Marie On~ioni Esq, 218 Front St., P. O. Box 562 Greenport, N. ~. IIM~4 PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: .TANF. T BOYLE . residing at 124 Ludlam Place, Greenport, New York , being duly sworn, deposes and says that on the ~ day of Nnvmmh~mr , 19 87 , 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 addres..s~,s of said pe;%o~l, sjas shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- rice at Greenport, N. Y · ; that sa d Not cemMwe~e~l~aded to each of sa~d persons by (certified) (me:gir, laa:ecl~ mail. Sworn to before me this ~- day~ofNnvomh~r , 19 ~7 AL~RIE ONGIONI (This side does not have to be completed on form transmitted to adjoining property owners.) P 572 922 809 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Sent to Mr. Frank Zaleski Street and No 1035 Deep Hold Drive P..O, State and Z~P Code Mattituck, N. Y. 1195: Postage $ ~:~? Certified Fee .~.¢ Special Delivery Fee Restricted Delivery Fee Return Receipl Showing '-~/% to whom and Date Delivered Return receipt showing to whom, Date, and Address of Delivery Postm~rk or Dat~ ,~ ~,~ BOARD OF APPEALS, TOWN OF SOUTHOLD : In the Matter or the Petition of : ANTHONY AND ANGELA LEONE : NOTICE : TO to the Board of Appeals of the Town of Southold : ADJACENT TO: PROPERTY OWNER Mr. Walter Drumm Deep Hole Drive Mattituck, N. Y. 11952 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) [Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adiacent to your property and is des- cribed as follows: 1355 Deep Hole Mattituck, N. Y. 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: Permission to set-off part of the lot to re-establish two separate and d~tlncr parc~t~ n~ described in the Suffolk County Tax Map as Dist. 1000. Sect. 115. B1. 1.3 ofLotsai~[~[ot$11 & 12. in The the cPr°p°sedm ni lots will measure approximately 100 x 150, typicle :~. I r~at the provisions o~P~eUSoutth~l'd Town Zoning Code applicable to the relief sought by the under- signed are Article 1 Sec~J_on 106-20 [ ] Section 280-A, New York lown Law for approval of access over right(s)-of-way. 6. lhat within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold lown Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. {516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated,. *, , Owne~'lNam~NT~ONY & ANGELA LEONE Post Office Address ~ c/o Marie On~ioni Esq, 218 Front St., P. O. Box 562 Greenport, N . ~ · ii,q4 NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS STATE OF NEW YORK ) COUNTY OFSUFFOLK) SS.: Janet Boyle , residing at 124 Ludlam Place, Greenport New York , being duly sworn, deposes and says that on the ~ day of November , 19 87 , 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 th, elf respective names; that the addresses set opposite lhe names of said persons are the addresses ~f sald'pers, on~..a.s slaown on the current assessment roll of the Town of Southold; that said Notices w,~er~ mailed at'the Umted S~ate~ Pbst Of- ficeat ~r~nport: N. y ; that said Notices~we~ m~ailed to each of said pe~sons by (certified) (tzg:=:_.~', mail. Sworn to before me this MA~I~ ONGIONI NOTARY PUBLIC, ~tlfe ef New (This side does not have to be completed on form transmitted to adjoining property owners.) P 572 922 8~7 RECEIPT FOR CERI'IFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) sent~r. Walter Drumm s'ee~jY~L~' Hole Drive ate and ZIP Code P'°'~attituck, N.Y. 1195 Post~ge $ c~? Certified Fee ,~" Special Delivery Fee ~ Restricted Delive~ Fee Retum Receipt Showing to whom and Date Delivered ~ ~ Return receipt showing to w~m, BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of ANTHONY AND ANGELA LEONE totheBoardofAppealsoftheTownofSouthold TO: Mr. Henry Romanowski Theresa Drive Mattituck, N. Y. 11952 NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (Other) [circle choice] ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: --~_Drive Mattituck~ N. Y. 3. That the property which is the subject of such Petition is located in the following zoning district: 4. Tbat by such Petition, the undersigned will request the following relief: Permission to set-off part of the lot to re-establish two separate and distinct .nmrc~ls described in the Suffolk County Tax Map as Dist. 1000. Sect. Lots 11 & 12. The proposed lots will measure approximately 100 x 150, typicle of aiL_lots in the c m ni ~ I I~at tl~e prov,smns o~e~SoutthYol'd Town Zoning Code applicable to the relief sought by the under- signed are Article 1 Section 106-20 [ ] Section 280-A, New York Town Law for approva] of access over r~ght(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold New York and you ma), then and there examine the same dur ng regular office hours. (5].6) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to ap~ar and be heard at such hearing. Dated:.~~ e,~ ~/, /'~7 ~/~ P~e~!tion~r. C ~ -- uw~ Names:~N~ONY & ANGELA LEONE Post Office Addres~ c/o Marie Ongioni Esq, 218 Front St., P. O. Box 562 Greenport, N. Y. 11~44 NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS STATE OF NEW YORK) COUNTY OF SUFFOLK) Janet Boyle ,resldingat 124 Ludlam Place. Greenoort Now Yr~r~c , being duly sworn, deposes and says that on the ~ day of Nnv,~mher ,19 87 , 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 a'ddresses of~ said~persons as shown on the current assessment roll of the Town of Southold; that said Notices we, re mailed at the Uni~e'd States Post Of- rice at P~r A,~n ~,~ r. Er . Y. ; that smd Not~ces/'~vere ~a~ ed to each of smd persons by {certified) ~ n~ail. Sworn to before me this ~ day of Nnvemb~r ,19 87 Not~ry Pul~ic (This side does not have to be completed on form transmitted to adjoining property owners.) P 572 922 808 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COV£RAGE PROVIO£D NOT FOR INTERNATIONAL MAIL (See Reverse) Sent to Mr. Henry [ommnow~ki ~er es .a Drive P.O., State and ZIP Code Mattituck~__N. Y, 11~52 Certified Fee Restricted Delivery Fee Return ReCeipt Showing ~ Date, and Address of Delivery / ~ TOTAL Pos?ge end Fees I $ FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy Z12670 g 6 No .................. Date ............ .A.u ust 191~.4 THIS CERTIFIES that the building adffition Location of Property . . . .1.3.5.5 Deep Hole Drive Mattituck Ho~. ~o. ' ............... 'S;/e3, ................... ,County Tax Map No. lO00 Section 115 .Block 13 .Lot 11 & 12 Subdivision x x ~ x ............................... Filed Map No ......... Lot No .............. conforms substantially to the Application for Building Permit heretofore fried in this office dated October 13 198..4. pursuant to which Building Permit No.. 12689Z dated .... Q.c.tp.b.e..r..1.3. .......... ... 198. 4.. , 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 ......... addition to one-family dwelling. The certificate is issued to ANTHONY & ANGELA LEONE (owner, lo,ccc of the aforesaid building. Suffolk County Department of Health Approval . . N/A UNDERWRITERS CERTIFICATE NO. ' N599374 Building Inspector Rev. 1/81 IPROIECT I.D. NUMBER NEW YORK STATE DFPARTMENT OF ENVIRONMENTAL CONSERVATION I Slate Environmental Duality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I Project Information (To be completed by Applicant or Project sponsor) I. AppllcantJ~ponsor I 2. Project Name Anthony and Angela Leone Munlcipamy Southold Count~ Suffolk [] New [] Expansion [] Modification/alteration S. Descr,be project briefly: Subdivide one acre parcel into two seperate lots· [] Yes [] No If No. describe briefly Special exception from Town Zoning bulk lot requirements will be required. 9. Whet is present land use in vicinity of project~ [] Residential [] Industrial [] Commercial [] Agrlcu~tufe [] Parkland/open space [] Other' Describe: ½ acre residential parce'l~s improved by single family dwelling. 10 Does action involve a permit~approval, or fundinlL now or ultimately, from any other governmental agency {Federal. state or Iocal)~ [] Yes ~ No If yes. list agency(s] and permit/approvals [] Yes ~: No If yes, fist agency name and permit/approval type []Ye, I~INo I CERTIEY FHAr TIlE INEOR~^TION PROVIDED ABOVE IS rRUE TO YHE PEST OF MY KNOWLEDCE Appbcant/sponsor n me: Angela and Anthony Leone If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER .SIIORT EN.V 1ROIlM EII____T A L ..~ :;S F]:;~.. (a) Xn order to an=war the qusst, ion~ In thl3 short E~F ts 13 ao~um~d that tho ~roparer will u~ currantly ~vailablc infom,~tion conco~mtng tho project and the ~ely ~pactn al the action. It i~ not o~ected that addit~o.ul ~tudiee, recearch er other ~nvestigat~on~ ~1 be ~dertakcn. (b) If any question has been answered [.~ the proJec~ t~ny bo ntgn~ftcant and ccmplot~d gnvlro~en~al A~o~mon~ Fom 1~ (c) I~ ~1 qu~ations havo boen answered No It l~ l~koly uk~ chis project ~ot slgn~/can~, (d) ~nviro~entnl l~nn~ent 1, W~i project reset In a la~go phyJical clmngo to the project sito or physically alter moro than 10 acres of land? , · · , . . . 2, Will thoro be a m Jar change to any ,miquo or unusual land fo~ found on tho ~itc? ---- Yo~ X No 3. W~i project alter or hav~ a lar~lu .ffnct on an ~xis%lnE body of water? , .... - Yc~, X &. W~i project have a pot~ntially larg~ ~pacb on 5. W~i proJec~ ~l~lflcantly, effuc~ drainage on adJacen~ 81to~? · · · .... Ynu X No -plan% or anL~[ ~pecies? , . , . . . , .. Ye~ , X,, I[o 7. W~i pro~e~% re~% in a [ra~or advertm effect on air quality? . , , * . · . .. You X 8. W~i prejec~ haw'a ~mjor .fleet cn visual char.- acter of th~ com. munt~y or scenic views or vistas kno~m to b~ ~portan~ %o ~ho co~=muni~y7 * · * ---- Yen X ~o 9, Will proJec~ adv~rsolF impact any ~lte or ntruct. ur0 of hl~toric~ pro-historic, or paloontological lmportnnce or any site d~signated a~ a critical 10. W~i project have a ~Jo~ effect on axlu~6 or future reoreational opport~i~ios? * * * -- Yes X No 11, Will proJoct.r~sult'in ~3or traffic problems or 12. Will project rog~arly cause objectionable odor::, noiso~ glare, vibration, or electrlcal ante as a r~s~t of the project's operation? ; Yeu .~ 1). Will proJoc~ have ally impact on public health or IL. Will proJocg Affect tho oxluting co~unit7 b7 ~lrect!7 cau~lng a~r~wth ~a perm~me~)t l:opula- ties cf moro ~han percent over a period o~ have a major negative el'feet un tlc character of tho co~unit7 ~r nul~hborl~ood':'. , You X 1~* lo there public con%rovo~ coqceyu~n,~ tl:u pro?cc? : Yes .~__ PBEP~RE~,S SIC:I,1TL~EI ~ ~ TITLE: Attorney mAKI~ UINbAUN 1 ~-?~-~. TI. C, Anthon~ Leone & An~ela Leone DA'rE: ~UESTIONNAIRE TO BE COMPLETED AND SUBMITTED WITH YOUR APPLICATION 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 (]~-~) 2.a) *b) 3. 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 Are there any areas open to a waterway without bulkhead? Yes 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 ~ 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 (-lq-O) e If project is proposed for principal building or structure, is total height at more than 35 feet above ~--- average ground~l? State total: ft. Yes 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 are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning Board (t~e~) No Town Board ~ No Town Trustees Yes No County Health Department Yes No Village of Greenport Yes No N.Y.S.D.E.C. (tr~-~y No Other ~ No 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale.(from contract). Yes (No) ll. 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 am 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 (No) the requirements of Ch. 97 of the Town Code? 13. Please list present use or operations conducted upon the subject property at this timesinBle £am±l¥ residence and proposed single family residence *Please submit photographs for the record· ! certify that the above statements are true and are being submitted for reli~~th.e Board ~onsidering my.application. Sl~~~zed Agent) 3/87 lk § 97-13 WETLAN~)S § 97.13 TOWN -- The Town of Southold. TRUSTEES -- Tho Board of Trustees of the Town of $outhold. [Added 6-5-84 by L.L. No. 6.19841 WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-2(i- 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 water:~ to a maximum depth of five.(5) feet, including but not limited to banks, bogs, salt marsh, swamps, meadows, flats or other Iow lying lands subject to tidal action; (2) All banks, bogs, meadows, fiats anti tidal marsh subject to such tides and upon which grows or may grow some or any of the following: salt hay, black grass, saltworts, sea lavender, toll cordgrass, high bush, cattails, groundsel, marshmallow and Iow march cordgrass; and/or (3) All land immediately adjacent to a thlal wetland as defined ia Subsection A~2) and lying within seven- ty-five (75) feet hmd~vard of the m,,~t lamiward edge of such a tidal wethmd. FRESIIWATER WETLA N DS: (1) "Freshwater wetlands ;ts def' . · met in Article 2.1, Ti- tle 1, § 24-0107, Subdivisions l(a) to lid) inclusive, of thc Environmental Conservation Law of the State of New York: and (2) All land immediately adjacent to a "freshwater wet- land," as defined in Subsection B(1) ami lying with- in seventy-five (75) feet landward of the most land. ward edge of a "freshwater wetland," 9705 2-25-S5 Dist. 1000 Sec. Block Lo t s , / ,; PF30 (6U7) Stand,rd N.Y.B.T.U. Forfv.j~7 n,rg,ln ,nd $,1, O~cI. with Covensnt ,g,l~t G,,~, A~4~N~,I or C~ormtlon CO~ULT Y~R ~ BEF~IGNING SHiS INS~UMENT--~IS INS~UME~LD BE US~ BY ~S ~IS INDEN~RE, made the 14th day of June, nineteen hundred and eighty-two, ,,92ii , 257 BE~EEN ALF~D J. POS~NSKI~ ~esidtng a~ Box 30~ Plainfield, New ~mpshi~e 03781; ~Y A~ SONIER, by AL~ED J. ~OS~NSKI~ her aL~orney-in-facL, under Powe~ of ALL, ney recorded ~n Ltber 9183, page t8, residing a~ 316 SL. PaLrick's SLreeL, Hou~ Louisiana 70~60; and ~L~N POS~NSKI COX~ by ALFreD J. POS~NSKI~ her u~der Po~er of AL~o~ey recorded in Libe~ 9183, page 50, P. O. Box 188, BrenL, Alaba~ 3503t, party of the flrst part, and ANTHONY LEONE and ANGELA LEONE, his wife, both residing at 29 Miriam Road, Mattituck, New York 11952, party of the second part, WlTNESSETH, that the party of the first part, in consideration of Ten and 00/100 ........... ............................... ($10.00) ....................... dollars, lawful money of the United States, and other good and 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 for the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being ~[~l~ at Mattituok, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at an iron pipe set on the easterly side of Deep Hole Drive distant southerly 1205.93 feet from the intersection of the easterly side'of Deep Hole Drive with the southerly side of New Suffolk Avenue; from said point of beginning RUNNING THENCE the following four courses and distances, all along the lands of Frank Zaleski, to a monument set in the easterly side Deep Hole ?21 South pipe; South' ., pzpe, Drive, to wit: 87 degrees 19 minutes 20 seconds East 150 feet of to an iron 2 degrees 21 minutes 40 seconds West 81.53 feet to an iron South 13 degrees 33 minutes 00 seconds East 100 feet and South 85 degrees 50 minutes 10 seconds West 150 feet on the easterly side of Deep Hole Drive; to a monument to a monument RUNNING THENCE Northerly along the easterly side of Deep Hole Drive on a course with a radius of 280.50 feet, 129.70 feet to a point; RUNNING THENCE No~th 2 degrees 40 minutes 40 seconds East 70.30 feet still along the easterly side of Deep Hole Drive to the iron pipe at the point or place of BEGINNING. BEING AND INTENDED to be the same premises described in deeds recorded in Liber 4298, page 363, and Liber 4468, page 444. REAL BSTATE dlJL ~4 L~ TRANSFER 'fAX SUFFOLK COUNTY STATE OF NEW YORK, COUNTY OF On the 14th day of June, personally came SUFFOLK ss: 19 82, before me ALFRED J. POSNANSKI to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. NOTARY PUBLIC. State e~ New Y~ Ne, 47506'~t, Suffolk Cou.~ ~ STATE OF NEW YORK, COUNTY OF SUFFOLK, ss.: STATE OF NEW"~%"~"~, COUNTY OF SS: On the I dey of ~-X,~1 19~Z-. before me .. personally came /'~1 ~ ~ ' to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. / My Oornmi~;cn ~-:×phes ~.~ctdb,~r 24, tg~ On the 14th day of June, 1982, before me personally came ALFRED J. POSNANSKI, to me known to be the individual described in, and who executed, the fore- going instrument, and to me known to be the attorney-in-fact of MARY ANN SONIER and of HELEN POSNANSKI COX, the individuals described in, and who by their attorney-in-fact, executed the same and acknowledged that he executed said instrument as the act and deed of each of said MARY ANN SONIER and HELEN POSNANSKI COX by virtue of a Power of Attorney executed by each dated March 17, 1982, and March 16, 1982, respectively, recorded in the Office of the Clerk of the County of Suffolk on the 14th day of May, 1982, in Liber 9183, page 4~ and in Liber 9183, page 50, respectively. With Covenant Agalnat Orantor's Acts ALFRED J. POSNANSKI, MARY ANN SONIER and HELEN POSNANSKI COX TO ANTHONY LEONE and ANGELA LEONE, his wife Standard Form of New York Board of Tit!e Underwriters Dist r;buted by TITLE INSURANCE Company of New Yo~k SECTION BLOCK LOT COUNTY OR TOWN Recorded at Request of TITLE INSURANCE Company of New Y~-k RETURN BY MAIL TO Stephen D. Siegfried, Esq. Montauk Highway Hampton Bays, N.Y. 11946 Zip No. TO~ETHER with all rights, 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 of 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 anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Lsw, covenants that the party of the first part will receive the consideration for this conveys nce and will hold the right to receive such consideration as a trust fu nd to be applied fl r.~t ~...r .th @ purpose Q~=paying the cost of the ,mprovement and wdl apply the same first to the p~yment of the cost oCJhe Imgro,~em~r~t~J~efore 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 it)denture so ~requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and_ year first above written. IN PRESENCE OF: //~ //~' Al~ed J. Po~nanski, indiv~dually 'J. ?osnan i, as attor- ne~ [rl4fa~M~ for/M~ry Ann S(M~ier Al~)f.ed J_. Poshanski~ as attor- ney mn ~act for Helen Posnanski - '°' -- '~ -- ~ ..... ' t (~) Property Tax Service Agency 115 - UNOFFICIAL' ~ COUNTY OF SUFFOLK [ro,.o~'~S UTHOLD s.cr,o..o Real Prol:)ertv Tax Service AgencyI ..... ~ j ~ ~ t g ~n ZA. LE$1e.I I .S.87'tg'm"~, FSO, O~ L /EL__Oa~ _ 5G, RM, 42GAL k T~PtCAL ~&y~L,rl- - - 5ET- OFF' h/lAP _gE ?F~OPEI2TY SUI?VEYED FOIZ AN Ihi0N¥ ~ ANGEUA _L.E-ON AT MAT_TiTUCt~ Tovfl,4 OF SOUTHO~_D, - F F-,F¥)F:F ,.-.~,