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HomeMy WebLinkAbout3750 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ~D~2T J. 3~LASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN RnAD- STATE RI-lAD 25 E~r'IUTH[3L.D, I_.1., N.Y. TELEPHONE (516) 765-1809 ACTION OF THE BOARD OF APPEALS Upon Application of SEYMOUR AND MERLE LEVINE for a Variance to the Zoning Ordinance, Article III, Section 100-32, for placement of an accessory building in an area other than the required rearyard. Location of Property: 460 Private Road #8, East Marion, NY; County Tax Map Parcel No. 1000-23-1-3.2. WHEREAS, a public hearing was held on August 18, 1988, in the Matter of the Application of SEYMOUR AND MERLE LEVINE under Appeal No. 3750; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; 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. This is an Application for a Variance under Article III, Section 100-32 for permission to place accessory building approximately 100 feet from the private right-of-way, or southerly (front) property line, and approximately 10 to 15 feet from the westerly (side) property. 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 23, Block 1, Lot 3.2, and has a frontage along the ordinary highwater mark of Dam Pond of 195.0 feet, and frontage along a private right-of-way 100.0 feet. 3. The premises in question contains a total area of approximately .949 of an acre and is improved with a single-family dwelling, as more particularly shown on the survey map prepared July 13, 1983 by Roderick VanTuyl, P.C. Page 2 - Appl. No. 3750 ~ Matter of SEYMOUR AND MERLE LEVINE Decision Rendered September 16, 1988 4. Article III, Section 100-32 of the Zoning Code provides for the location of accessory buildings to be only in the required reyard. 5. For the record it is noted: (a) that the principal dwelling structure is set back 160+- feet from the front (southerly) property line; (b) that the accessory building is proposed to be located more than the normal requirement for a principal building at 100 feet, more or less, from the front property line, and will be shielded with appropriate screening. 6. It is the position of this Board that in considering this application: (a) the relief requested is not substantial; (b) the relief requested will not alter the character of the neighborhood; (c) the difficulties are uniquely related to the property and are not personal in nature; (d) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (e) in view of the manner in which the difficulties arose, the interests of justice will be served by granting the variance, as conditionally noted below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, to GRANT a Variance for the location of a small shed (8' x 10" +-) for storage purposes accessory to the existing residential use of the premises, as applied in the Matter of SEYMOUR AND MERLE LEVINE under Appl. No. 3750, and SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the setback from the side property line be not closer than 10 feet, as requested; 2. That the setback from the front (southerly) property line be not closer than 100 feet, as requested; ~age 3 - Appl. No. 37~0 Matter of SEYMOUR AND MERLE LEVINE Decision Rendered September 16, 1988 3. That the shed be used only for storage purposes accessory to the residential use. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Doyen. (Member Sawicki was absent due to serious family illness.) This resolution was duly adopted. lk GERA_RD~ P. GOEHRINGER ~ CHAIRMAN RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE/0/~ ~ HOUR Town Clerk, Town of Southold N~ T~I~..C. _E_O FHE_ A~RI~N_ GS_ 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 SOUT~OL~ ~.~OWN BOARD OF APPEALS at a Regular Meeting at the' Southold Town Hall, Main Roa~,- Southold, NY 11971, on THURSDAY~ AUGUST I'B, 1~988, ~tthe followingt.imes: the placement of accessory building required rearyard, and Article the placement of a fence in'the the maximum-permitted four-foot of Property: Tax Map Parcel 7:35 p.m. Appl. No. 3740 ~ CAROL MAGUZRE. Variances to Zoning Ordinance, Article III, Section 100-32, for the height requirement. 2500 Nassau Point. Road, Cutchogue, NY; No. 1000-104-12-14.1. in an area ~th~r than the ×I, Section lO0~ll9.1, for frontyard area in excess of Location County 7:40 p.m. Appl. No, 3750 - SEYMOUR AND MERLE LEVINE. Variance to the Zoning Ordinance, Article III, Section 100-32 for placement of an accessory building in an area other than the required rearyard. Location of Property: 460 Private Road =8, Eas~ Marion, 'NY; County Tax Map Parcel No. 1000-23-1-3.2. 7:45 p.m. Appl. No. 3751 - JEAN C.-'ROE[~ND/LONGNECKER. Variarces to the Z6ning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of proposed Parcels and B having insufficien~ area and width. Lobation of Property: Sunset Road, Beach Lan~, and Lowland Road at Nassau Point Map Section C, Lots 327 and 328, and Walter Grabie Map, Lots 36 and 37; Cutchague, NY; County Tax Map Parcel No. lO00-111-10-18, l, and 2. Page 2 ~otice of Hearings Regular Meeting ~ August ]8, 1988 Sou[hold To~n Board of Appeals 7:55 p.m, Appl. No. 3753 VINCENT GEROSA. Variance to the Zoning Ordinance, Article XI, Section 100-119.2A, for per- mission to construct additions to existing dwelling with an insufficient setback from the top of bank or bluff along the Long Island Sound. Location of Property: 315-Aquaview Avenue, East ~ari~n, NY~ County Tax Map Parcel-No. 1000-2~-2-3~ 8:00 p.m. Appl. No. 3755SE - ~IMOTHY COFFEY AND THE COVE AT'SOUTHOLD, INC. Special Exception to the Zoning Ordinance, Article tEI,,_Section-,lO0q30C, for permission to erect off-p-remises-directional sign, Location of Property: So-uth Side of the Main Road-(S.R-. 25), Southold, NY; County Tax Map Parcel No. 1000~75~06-7.3. 8:05 p.m. Appl. No. 3756V HENRY J. SMITH AND THE COVE AT SOUTHOLD, INC. Variance to the Zoning Ordinance, Article VI, Section .100-60, for permission to erect off-premises- directional-sign. Location of Property: South Side of the Main Road (S.R. 25), Southold, NY; County Tax Map Parcel No. -000-70-07-007. (Business-Zone District). 8:10 p.m. Appl. No. 3744 ~ ~ILLIAM BAXTER, JR. Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area and width of lot in a proposed set-off to be considered by the Planning Board, Location of Property: Private right-of-way extending off the north side of Oregon Road, Cutchogue, NY; County T~x Ma~ Parcel No. 1000-72-2-2.1 and 3. 8:15 p.m, Appl. No. 3754 ~NDR~ AN~ THOMAS CYBULSKI. Variance to the Zoning Ordinance, Article III, Section lO0-30A for permission to utilize existing barns for storage of general items (instead of agricultural storage) and use as an alternative under New' Y~rk Town Law, Sect-ion 280-a existing driveway for access. Location of Property: West Side of Depot Lane, Cutchogue, NY; District 1000, Section 96, Block 5, Lot 1.2 and par~ of 1.1. Dated: July 27, 1988. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN By Linda Kowalski FORM NO, 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTIIOLD. N.Y. NOTICE OF DISAPPROVAL File No. .q.~..~...~.~r.*..~. ........................ ..~.. ~.....%. ~...~.. ~,. ........ PLEASE TAKE NOTICE that your appl cation dated ' D- "], 19 ~ ~ for permit to c6nstruct . .~,.cm.. (X(; ~ .~,, ..p~..~..~':~.. ~.~. ~ ...... at Loc~,o, ofIro~,erty q.~0.. ~ 0. r~.g..~ ....~...~.~...~...~... ................ House No. Street Hem~et County Tax Map No. 1000 Section .'.~:~.~.~ ...... Block ...~:~, .I ...... Lot ...~:~ ...... Subdiviqon ................. Filed Map No ................. ,Lot No ................. is returned herewith and disapproved on the following grounds.~--A~.~. ~- ...... ~.:.~... D~ ................. · .................... Building Inspector 'FORM NO, 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL $OUTHOLD, N,Y. 11971 TEL.: 765-1802 BOARD O¥ HEALTH ...... 3 SETS oF PLANS ....... SURVEY CHECK .......... SEPTIC, FORM ............. NOTIFY CALL ................ MAIL TO: rmit No ............ oisapprove~ a/c ..................................... (Building Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 :ets 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 premise~ or public streets ~r areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- ;ation. c. The wgrk 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 ;hall 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 ;hall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuar~ce of a Building Permit pursuant to the 3uilding 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 fgr removal or demolition, as herein described. ?he applicant agrees to comply with all applicable laws, ordinances, building code, housing code, a~t regulations, and to sdmit authorized inspectors on Premises and in building for necessary inspecJ, tons..// ~ , . (Sl~natur!/ofgppliqant, or nan3e, if a corporation) ....... ,..-....-.,.. J.t ...... (Mailing address of a~plicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. Nameofownerofpremises . ff.~.~..~,l~/~- ~. L~V)/~'~ ~ /9'1~_ ~ ~v'~'~ ; ..... (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) · ALL CONTRACTOR'S MUST BE SUFFOLK COUNTY LICENSED Builder's License No ' Plumber's License No ......................... Electrician's License No ....................... Other Trade's License No ...................... Location of land on which proposed work will be done~ .............................. , ................... House Number Street Hamlet County Tax Map No. 1000 Section .... .2...~. ......... Block ..... ./ ............ Lot....~.:..Z~.. ......... Subdivision ..................................... Filed Map No ............... Lot ............... (Name) 2. State existing use and occupancy of premises and intended use and occupancy of l~rop0sed construction: a. Existing use and occup,ancy. ;... ;..... b. Intended u~ and oc~p~cy ............. ~.%~ ,. 3. Nature of work (check which av-~hcable),: New Building .......... AddZtion ......... Alteration Rep~.~r .............. Rem 2t .............. Demolition ........... ,...O,t'her, Workt%fif, a. tf.~r'/. 4. nmatedCost ~ ~ F (to be pa~d on filing this application) 5 Ifd elli numb rofd Iii its Numb ofdw lli its ch floor . w nc, e we ng un ............... er e ng UB OB ea If garage number of cars 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ...7 ................. 7. D~ensions of existing structures, if any: Front ............... Rear .............. Depth HeiSt Number o f Stohes ' D~ensions'of same structure with alterations or additions: Front ................. Rear Depth , Height ......... . ...... Number of Sto~es ................... ' 8. D~ensions of entire new construction: Front ..... : :'. [ 2( .... Rear .... -.. :. ~ ...... Depth : Height .. ....... ' .......Np~ber of Sto~es ...................................... 9. Size of lot: Front .... tf~,fl.t?~ .......... Rear /~ ;~F De th ~ ~ ' ~ ~ ' ~ ...... ..................... p ....... I0. Date of Purchase ............................. Name of Foyer Owner 11. Zone or use district in which premises are situated ..................................................... 12. Does proposed constvaction violate any zoning law, ordinance or regulation: ................................ 13. Wgl' *' ~ ............. ~o~ oe re=faded .......... : .... Will excess fill be removed from premises: Yes No 14. Nme of Owner of premises .................... Address.. ........... . ....... Phone No ................ Nmne of. Architect ........................... Address ................... Fhone No N~e of Contractor .......................... Address .... : .............. Phone No ................ 15. ts this property located within 300 feet of a tidal wetiand? ~Yes ..... No ail yes, Southold TO~ TrusZees Permit maX be requ~ged. PLOT DIAG~ Locate cle~ty ~d ~stinctly ~1 bufld~gs, whether existing or proposed, ~d, indicate ~ set-back d~ensions from prope~ ~nes. Give street ~d block number or description accord~g'to deed, ~d Show street nmes ~d indicate Whether intefior°rc°rnerlot' ~ Tv STATE OF NEW YDRI(, e S ..... ':... ~.~.0.,$.. ~. i.'..~t, Jl?....-~.... :.. being duly sworn, deposes and says that he is the applicant (Name bf individual signing contract) above named. .e:sthe ......... tex ~ ~ (Con~actor,.agent, co.orate officer, etc.) of said owner or ownem, ~d is duly authored to perform or have pe~o~ed t~e said work and to m~o ~d file tNs app~cation; that all statements cont~ed N this application ~e true to the best ofhN ~owledge and belief; and that the work w~l be perfomed in the m~ner set for~ in the application filed therewith. Sworn to before· me this ....... ........... ~MI~ION ~PIRES, SEPT. 30, 1988 APPEL FROM DECISION OF BUILDING INSPE~OR,~u~ TO THE ZONING BOARD OF APPEALS~ TOWN OF S~THOLD, N, Y. (wet ................................... Name of AppelJe~t Street a~ Number Municipoli~ . State THE ZONING BOARD OF APP~LS FROM THE DECISION OF THE BUILDING INSPE~OR ~ APPLICATION. FOR .PERMIT NO ................................... DATED ..~..,~.~...~,,~ ...................... WHEREB~ THE BUILDING INSPECTOR DENIED TO ' ...... ...................... Name of Applicant for permit of Street and Number Municipali~ State () PERMIT TO USE ( ) PERMIT FOR ~CUPANCY i LOCATION OF -J'HE PROPERTY ~,.0.. Pz'.'t.~,.~..~ R,~(]/~..8~ ............... District lO00 Section 2~lock t Lot ~*~Current .................................................................................. ~ner ~.~ ~, Mop No. Lot No. Prior Owner ~e ~Itte~ 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article ~ Section 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (*) A VARIANCE to the Zoning Ordinance or Zoning Mop ) A VARIANCE due to lack 'of access (State of New York Town Low Chap, 62 Cons, Lows ~ Art. 16 Sec; 280A Subset:ti.on 3 ~ : ' 'Such aPpeal was ( ( 4. PREVIOUS APPEAL A previ?us appeal (has)~ been made with respect to this decision "6f the Building Inspector Or wLth respect, to thi~ p:roperty~ ) request ~ra special permit ) request for a variancf and was made in Appeal No ................................. Dated ...................................................................... ( ) (*) ( ) is requested for, the reason that REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ~'o~ ZB1 (£o ..hue~t other side) on REASON FOR APPEAL Continued J. STRICT APPLICATION OF THE ORDINANCE would produce practica~ difficulties or unneces- sart HARDSHIP becaus~$~'S~.~/]~-$~:~ the attached property m~p~ the h~us~ which is s~t back f~ th~ right ~f ~ay(Priva~e R,ad) ~ apprex~ ~ately ~75 feat, ~e~we~ appr~imately 60 feet ~ ~he bac~ard betweem the rear deck a~d the c~crete b~ea6 berderir~g R~m P~nd~ This Cemddti,~ in additien te there b~ing a large ~ ~ ~* trees and shrubs berderinE the wester~ property tine~ ~akes it b~th ~m~practical and prmbably ceutrary te the zening ~rdi~a~ce ~e situmte the shed in the back yard ef the h~use due ~e the proximity ~f the h~us~te D~ Pend~ Aside fr~m the sh~rt distance bet%~ the back ~f the h~us~ and the p~nd~ it ~uld be necessary t~ cut dewn e~isting trues and ~hrubs to place the shed in the back yard serieusly affectin~ the c.harac~er of the prep~rty berdering D~ Pend. 2 The hardship created is UNIQUE and is nat shared oy all properties alike in the immediate vicinity of this property and in this use district because ad~G:~r~D Pr~l~erties *d~%a ~ppear Ce ~ve bae~ard-leca¢iems, fe~ ~,~ shed with~¢ viel~In~ a~j ~rdinamees. 3 The Variance would obse~e the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because a~ sheba ~ the attache~ ph~te~ra~hs Gf the shed~(which wa~ placed in its pre~e~t lae~tie~ i~ lgnera~c~ ~f the zening ~rdinance)~ the shed dees net in any way =ffeet the umique character ef the District. As shewn in the phetegraphs, the shed~ which is quite mttractive~ is nes$1ed in a smut% c~ve s~reened by tree~ such that the shed ~an~t be seen by the nemghbers ~e the $euthan&West~ and cam eml¥ pa~ially be ~een by the neighbor te the East. STATE OF NEW YORK/ v~ ~ ~ '/< ~ A.--,~..-,~/~ ........ ...... /.,...~.-..-,...~~ ................ ~TARY PUBLIC STA~E OWNER TOWN-OF SOUTHOLD PROPERTY RECORD CARD FARM E COMM. CB. E /~,' ~ MICS. SUB. TYPE OF B lNG TOTAL LOT DATE REMARKS Mkt. Value NEW~ Woodland~ House~ BUILDING CONDITION BELOW ABOVE Value FRONTAGE DEPTH ON ROAD BULKHEAD DOCK COLOR M. Bldg. ~xtension Extension Porch 4/0 V~ :~oors ~,~,,,. ,?' K. --s~ 4/A/ .~, Interior Finish ¢' ,~ jU¢,( Heat ~ , ¢ DR. ~ d~c, ~-~2 . ' Rooms 1st Floor ' ' BR. Room ~ ~ooms 2nd Floor :: FIN. . Driveway ndotion Ext, Wolls e Place Recreation Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI Pursuant to Article XIII of the Suffolk County Charter, Board of Appeals of the Town of Southold, New York, hereby the following to the Suffolk County Planning Commission: ¥¥ Variance from the Zoning Code, ArticlezzZ , Section 100-32 Variance from Determination of SouthOld Town Special Exception, Article , Section the refers Building Inspector Special Permit Appeal No.:3750 Applicant: Seymour and MerZe Levine Location of Affected Land:460 Pr±vate Road #8, ~ast Ma~±on~ County Tax Map Item No.: 1000-23-1-3.2 Within 500 feet of: Town or Village Boundary Line NY Body of Water (Bay, Sound or Estuary) XX State or County Road, Parkway, Highway, Boundary of Existing or Proposed County, Boundary of Existing or Proposed County, Other Recreation Area Thruway State or State or Federally Owned Land Federal Park or or Existing or Proposed Right-of Way of Any Stream Owned by the County or for Which The County Has Lines, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. or Drainage Established Channel Channel COMMENTS: Applicant is requesting permission to ~lace a~ aceessor~ h,~l~n? ~n an area other than the required rearyard, Copies of Town file and related documenCs enclosed for your review. Dated: Ocotob.er 27, 1988 Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRiNGER, CHAIRMAN CHARLES GR[GONIS, .IR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI James Diniz~o, Jr. October 17, 1988 Mr. and Mrs. Seymour Levine 100 Bayview Avenue Northport, NY 11768 Re: Appl. No. 3750 - Variance Dear Mr. and Mrs. Levine: Transmitted herewith for your file and perusal is a copy of the official findings and determination recently rendered by the Board of Appeals. A copy of same has also been furnished with the Building Inspectors' Office to update their files. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure Copy of Decision to: Office of the Building Inspectors Suffolk County Department of Planning TRANSCRIPT OF HEARING SOUTHOLD TOWN BOARD OF APPEALS AUGUST 18, 1988 Appeal No. 3750 Matter of SEYMOUR AND MERLE LEVINE Location of Property: 460 Private Road #8, County Tax Map ID No. 1000-23-1-3.2 East Marion Board Members Present: Gerard P. Goehringer, Chairman; C~arles grigonis, Jr., and Joseph H. Sawicki. Absent was: Member Doyen of Fishers Island (due to family. illness). Also present was the Assistant to the Board, Linda Kowalski, the Applicants and approximately 80 persons in the audience. The Chairman Opened~ the hearing at 8:00 p.m. and read the notice ofhearing as published in the official newspapers of the town. CHAIRMAN GOEHRINGER: I have a copy of a survey dated July 13, 1983 by Robert VanTuyl & Sons, P.C. indicating a parcel of p£ope£ty along the right-of-way of Main State Highway with a storage b6ild- ing off of the right-of-way approximately 100 feet in, 15 feet off of the west property line. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is there somebody who would like to be heard on behalf of this? Mrs. Levine. How do you~do? MS. LEVINE: I'm also nervous. I've never done this. And we did place that shed where we understood was a legal placement and we also had this problem, I know it sounds a little strange, about what is the front and back of the house. We face on to Dan Pond. So therefore, we feel that is the front of our house. The shed, I think'is sort of cute and it is new and it's tucked in among trees. We did confer with our neighbors. And as far as I'm aware, there has been no complaints. They certainly didn't complain to us. As you can see from the pictures, it's not visible from the rear property in back of us, from the Campbells in front of us and the new ho~se which has just been built facing this. But it's their garage that faces that shed. If it were to be moved to what someone might call the back, the pond side; it seems to me that that would be very offensive because then it would be in full. view of ~ three houses that are at the head of the pond and look down towards it. We were able to camflouge it better placing it here. CHAIRMAN GOEHRING~R~~ I was just looking for the size. Do you hap- pen to know the size? I didn't measure it when I was out there. Page 2 ~ ~atter of Seymour~ Merle Levine Transcript of Hearing - August 18, 1988 MS. LEVINE: We bought it from the North Fork people. Whatever size it is that they make. CHAIRMAN GOEHRINGER: Maybe you can call us with the size. It's not on the building permitl If you wouldn't mind. When I was up there last Sunday morning I was up kind of early and I did take a picture of it. But I did not want to bother you that early, iIt wasn't early early. It. was about 10 o'clock. 'But I didn't get out. But if you would call us with just the size, we wou%d appre- ciate it so that we can write it into the findings. And we thank you. Is there anybody else who would like to speak in favor of this application? Anybod~ like to speak against the application? Questions from Board members? Hearing no further questions, I'll make a motion closing the hearing reserving decision until later. Ail in favor - AYE. Southold Town Board of Appeals MAIN RnAD- STATE RnAD 25 SOUTHOLD, L.I., N.Y. lt~?l TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS August 18, 1988 GERARD P. GOEHRINGER, CHAIRMAN S. E. Q. R. A. CHARLES GRIGONIS, JR. SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO.: 3750 PROJECT NAME: SEYMOUR AND MERLELEVINE 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: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Placement of accessory building in area other than the rearyard LOCATION OF PROJECT: Town of Southold,. County of, Suffolk, more particularly knQwn as: 460 Private Road 98, East ~arion, NY REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The relief requested is a setback variance as regulated by Section 617.13, 6 NYCRR, SEQRA FOR FURTHER INFORMATION, PLEASE CONTACT: Linda KowalsRi, Secretary, Southold Town Board of Appeals, Town tlall, 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 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT ;. ~t2UCL.",SS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. llgT1 TELEPHONE (516) 765-1809 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. Someone should appear in your behalf during the public hearing. Questions may arise from Board Members or persons in the audience during the hearing. Your hearing is expected to start at the time advertised in the Legal Notice, and you will not be required to appear earlier. Please feel free to call our office prior to the hearing date if you have any questions or wish to review your file. Yours very truly, GERARD P. GOEHRINGER lk CHAIRMAN NO~E ~S H'I~.EBY pursuant ~.~.~t~.r[ 267 of the Town Law smd ~e C~e of ~e To~ ~ ~o1~ ~ follow~g he~gs w~ ~ h~d ~ ~e So~HOLD TOWN BOARD OF APPEA~ at a ~guhr ~g U ~e gould To~ Hall, M~ Road, S~ ~ 11~1, ~ THURSDAY~ AUGU~ 1~ 1988~ at lh~ f°llowln~ ~ times: ~:~f p.m. A~L No.'~40 -- '''CAROL ~GUIRE. Va~ces ~ ~e ~g O~ance, Afficle, ~ ~ 1~32, f~ &e ~a~- .m~t ~ ~s~ b~g ~ ~ y~, ~ Affi~e ~ ~ 1~ 119.1, for te p~t of a'; ~s of ~e m~um~iued ~f~r*f~t h~lht requirement. ~ ~ ~: ~ Nassau =~Po~t R~d, Cutohogue, NY; ~ T~ ~ P~ No. 1~ ~ 7:~ p.m: A~L No. 3750 -- SEYMOUR AND MERLE LEONE. V~ m ~ ~ ~ 32 for p~c~t of ~ a~esso~ ~ bu~d~g ~ ~ ~a o~er ~ the ] requi~d ~a~ard. ~on of] Pmp~: 4~ ~vate R~d ~8,/ ~ ~d~, ~; ~W T~ Map[ Pa~ No. 1~-~-1-3.~ 7:45 p.m. A~I. No. 3751 -- JEAN C. H O L - LAND/LONGNECK~R. Va~- ~c~ to &e Zon~g O~ance, A~ule ~, Sec~ 1~31. ~e~, f~ a~ of ~d Par~ls A and B ~g ~s~fi- ~ent m ~d ~d~. ~afi~ of Propeny~ S~et Road, Beach ~e, ~d ~w~d ~d ~ Nas~u Po~t Map Se~ C, ~ts 327 ~d 3~, ~d Wa~r Grabin ~p, ty Taxt pnrccl No. 1000- 111-10-18, I~"'and 2. 7:55 p.m. Appl. No. 3753 -- VINCENT GEROSA. Variance to the ~oning Ordinance, Article X~ 8action 100-119.2A, for Per- mission to construct additions to existing dwcllin~g with an insuffl- cle~lt setbech from the top of bank or bluff along the Long Island Se~nd. Location of Properly: 315 Aquavlew Ave6ue, East Marion, · ~z'; County Tax ~pYarccl No. 1000-21-2-3. =~!i ~ .~. ~ !;~..~: FIMOTHY COFFEY AND THE ~OVE AT $OUTHOLD, 1NC. ~pecial Excapti~n to the Zoning )rdlnancc, Article m, Section ~00-30C, for pcnnhalon to erect off-premises*directional sign. Location of Property: South Side Main Road (S.R. 25), Southrdd. NY; Co~ty Tax Map Parcel No. 8:05 p.m. Appl. No. 37563/ -- HENRY J. SMITH AND THE ~OYE AT SOUTHOLD, INC. Variance to 1he Zoning Oral.since, A~cle VI, Section 100-60, for pezmLsaion to e~ct off-premises- directional sign. Location of ' Property: South Side of the Main Road (S.R. 25), Southrdd, NY; Count)' Tax Map Parcel No. 1000- 70-07-007. (Business-Zone Dist~ct). ~ 8:10 p.m. AppL No. 3744 -- WILLIAM BAXTER, JR. ~n~es to the Zoning Ordinance, A~cJe 1~, Section L00-31, Bulk Schedule, for approval of insuffi- tent area and width of lQ( in'a ~pmcd set-off to be considered ~, the Planning Board. Location f Property: Private ~stht-of-wa)' xtendin~ off the north side of )regon Road, Cutchogue, NY; ~mty T~x I~hp Parcel No. 1000M~ 2-2-2.1 smd 3, 8:15 p.~m. Appl. No. 3754 -- tNDRE AND THOMAS CY. IULSKI. 3/arlance to the Zoning trdinnnce, Artlc3e TH, Section 100- 0A for permission to utilize · isting barns for storage of ral items (instead of agricu]toral ~orage) and use as an ahcroative Under New York Town Law, Sec- tion 2804 existing driveway for access. Location of Propez~y: West Side of Depot Lane, Cutcho~ue, NY; District 1000, Section ~6. Block 5, Lot 1.2 and part of I.L The Board of Appeals wi]] at said time and place hear any and all persons or representatives de- siring to be heard in each of the above matters. Written comments ma)' also be submitted l~Or to the c~clusinn of the subject bearing. Each he, ring will not start before STATE OF #EWtRK) )ss: COUNTY OF SUFFOLK) Christina Contento of Mattltuck, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck, in the Town of SouthoM, County of Suffolk and State of Mew York, and that the Motlce of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks successively, c0mmoncing on tho 4 day of A.~? = ~ ~8 time allotted. For more infor- Ltlofl, please cab 765-1809. ate& ~'uly 27, ~195g. l~y OR~GR OF THE ~ ~ SOUTflOLD TOWN ~ D~.,~ OF APPEALS GERARD P. GOEHRXNGI~R, By Lin~a Kownlski. 7-1TA4 Principal Clerk MARY K. 0EGNAN ~OT~,.q¥ P,J[~UC, State of ,N~w~nYor NOTICE OF HEARINGS NOTICE IS HEREBY GIV- EN, pursuant to Section 26? of the Town Law and the Code of the Town of Southold, the following hearings will be held by the ~OUTHOLD TOWN RD OF APPEA~LS at a Regular Meeting at the Southold Town Hall, Main Road, Southold, New York, 11971, on THURS AY A 1988 at the followin~ times: 7:35 I~m. Appl. No. 3/~O. CAROL MAGUIRE. Variances to the Zoning Ordinance, Arti- cle II!, Section 100-32, for the placement of accessory building in an area other than the re- quimd rearyard, and Article XI, Section 100-119.1, for the place- ment of a fence in the frontyard area in excess of the maximum- permitted four-foot height re- quirement. Location of Proper- ty: 2500 Nassau Point Road, Cutchogue' NY; County Tax Map Parcel 1~104-12-14.1. /'~ ~'7240 p.m. AppL No. 3750. [SEYMOUR AND MERLE L £EVlNE. Variance to the Zon-/ '~ lng Ordinance, Article III, SecT~ ] lion 100-32 for placement of ] accessory building in an other than the required rearyard. Location of Pi'operty: 460 Private Road No. 8, East Marion, NY; County Tax Map No. 100o-23-,-3.2. 7:45 p.m. Appl No. 375k" JEAN C, HOLLAND/ EONGNECKER. Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of pro- posed parcels A and B having insufficient area and width. Location of Property: Sunset Road, Beach Lane, and Lowland Road at Nassau Point Map Sec- lion C, Lots 327 and 328, and Walter Gmbie Map, Lots 36 and 37; Cutchogue, NY: County Tax Map Parcel No. 1000-111-10-18, I and 2. 7:55 p.m. AppL No. 3753. VINCENT GEROSA. Variance to the Zoning Ordinance' Arti- cle XI, Section 100-119.2A, for permission to construct addi- tions to existing dwelling with an insufficient setback from the top of bank or bluff along the Long Island Sound. Location of Pro- perry: 315 Aquaview Avenue, East Marion, NY; County Tax Map Parcel No. 1000-21-2-3. COUNTY OF SUFFOLK STATE OF NEW YORK ss: Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TR'AVELER-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 ........ da,, - Sworn to before me this . .: .................. da'/' of 8:00 p.m. Appl. No. 3755SE. TIMOTHY COFFEY AND " T 0 , INC. Special Exception to the Zoning Ordinance' Article I11, Section 100-30C, for permission to erect off-premises-directional sign. Location of Pwperty: South Side of the Main Road i. (S.R. 25), Southold, NY; Coun- 'ty Tax Map Parcel No. 1000-75-06-7.3. 8:05 p.m. Appl. No. 3/56V. HENRY J. SMITH AND THE COVE AT SOUTHOLD~ INC. Variance to tbe Zoning Or- dinance' Article VI, Section 10060, for permission to erect off-premises- directional sign. Location of Property: South Side of the Main Road (S.R. 25), Southold, NY; County Tax Map Parcel No. 1000-70-07-007. (Business-Zone District). 8210 p.m. Appl. No. 3744. WILLIAM BAXTERt JR. Variances to the Zoning Or- dinance' Article 111, Section 100-31, Bulk Schedule, for ap- proval of insufficient area and width of lot in a proposed set- off to be considered by the Plan- ning Board. Location of Proper- ty: Private right-of-way exten- ding off the north side of Oregon Road, Cutchogue, NY; County 'Pax Map Parcel No. 1000-72-2-2.1 and 3; Notary Public BARBARA FORBEs Notary Public, State of Hew ]fork No. 480~a · q.ualifiad in guf. golk County Commission ~pirea ~/ 18aOO 8215 p.m. Appl. No. 3/54. ANDRE AND THOMAS CYBULSKI. Variance to the Zoning Ordinance, Article !II, Section 100-30A, for permission to utilize existing barns for storage of general items, (instead of agricultural storage) and use as an alternative under New York Town Law, Section 280-a existing driveway for access. Location of Property: West Side of Depot Lane, Cutchogue' NY; District 1000, Section 96, Block 5, Lot 1.2 and part of 1.1. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written com- ments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. For more information, please call 765-1809. Dated: July 27, 1988. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN By Linda Kovmlski IT-8/4/88(6) Mailing List Hearings of August 18, 1988 Southold Town Board of Appeals Copies to the following on or about 8/1/88: Suffolk Times, Inc. L.I. Traveler-Watchman, Inc. Town Clerk Bulletin Board Mrs. Carol Maguire (H~nd Del/very) P.O. Box 1027 Cutchogue, NY 11935 Seymour S. and Merle Levine 100 Bayview Avenue Northport, NY 11768 Lynn Theresa Cahalan, Esq. Anthony B. Tohill, Esq., P.C. 12 First Street, Box 1330 Riverhead, NY 11901 As Attorneys for Jean Longnecker (Holland) J. Grant Harrison, M.D. 14 St. Paul's Place Garden City, NY 11530 (Re: Longnecker-Holland Application) Mr. W.S. Gardner Nassau Point Property Owners Association P.O. Box 975 Cutchogue, NY 11935 (Re: Longnecker-Holland A~plication) Mr. John Amisano, Architect (for Vinent Gerosa) 72 North Village Avenue Rockville Centre, NY 11570 Mr. William Klatsky (Re: Henry Smith and Timothy Coffey) 5044 Expressway Drive South Ronkonkoma, NY 11779 Karen J. Stretz, Esq. Wickham, Wickham & Bressler, (Re: William Baxter, Jr.) Main Road, Box 1424 Mattituck, NY 11952 PoCo Messrs. Andre and Thomas Cybuslki c/o Mrs. MaryAnn Cybulski (hand delivered) Individual Board Members with copies of file information .JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS To: OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Southold Town Zonin0 Board of Appeals Town Hail, 53095 Main Road P.O. Box 117 9 Southold, New York 11971 TELEPHONE (516) 765-1801 From: Judith T. Terry, Southold Town Clerk Dated: June 30, 1988 Transmitted herewith is Zoning Appeal NO. 3750 , application of Seymour & Merle Levine for a variance. Also included is: Notification to Adjacent Property Owners; Short Environmental Assessment Form; I~-tter 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 Southold Town Clerk BOARD QF APPEALS. TOWN OF SOUTHOLD In the Matter or, the Petition of : ' to the Board of Appeals of the lown of Southold : TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. T~the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request aL(~ariani'~ (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: Parcel of ]and with pr:ivate home ]oeatert the)'een 460 Private Rme~_; W~_~% M~w4~n; New Yerk. 3. That the property which is the subject of such Petition is located in the following zoning district: District 1000 (East Marion) 4. ThatbysuchPetition, theundersigned willrcquestthefollowing~elief:Varlanee in zen~n~ ordnance te permit the installation ef an 8'x10' attractive storage shed in the frent yard screened by trees., $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article ~ Section 1 0~-~2 [ ] 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 maythen 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: June 27? 1 98~ Petitioner / ~/ CF Owners'Names: 8evmeur &Merle Lev~n~ Post Office Address ~OO Bavview Ave. Nerthoert, N.Y. 11768 T'd:~/. No. ( 51 6) 75h--6722 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] Leu & Edith Jahier PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS ~97 Weedbury Read, Huntingten, N.Y. 117 3 D.P Acre Inc. 8 Levers Lane, ~untingten, N.Y. 117~+3 Dr. Charles & RuthCamp~li= ' ~.~x 16~., ~ ~, N.X. 11939 P 774 745 903 RECEIPT FOR CERTIFIED MAIL NO iNSURANCE COVERAGE PROYlDED NOT FOR INTERNAT~0NAL MAIL (See Reverse) Certified .ee [~ P 774 745 902 P 774 745 901 RECEIPT FOR CERTIFIED MAIL RECEIPT FOR CERTIFIED MAIL N0 INSURANCE COYERAEE PROVIOEO ! NO INSURANCE~OVERN~E PROViOED NOT FOR iNTER~TIONAL MAIL i N~T ;FOR R~TERNATIONAL MAIL (See Reverse) (See Reverse) Se~,~' [I~ Cedffied Fee Speoa~ Delivery Fee Restricted Delivery Fee Return ~ceipt showing to whom and Date Delivered Return Receipt showm to whom, Date, and Address of ~elivery TOT~ Pos~a.¢~~ Postage ~,~ Cedified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt showing to whom and Date Delivered Return Receipt showing to w~om, Date, and Address of Delive~ TOTAL P°stage ~ Postmark or ~?~, STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.; ,~~fo/'e me this ~ .r sworn, deposes and Says that on the of '~f~ , 19 ~ , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current, assessment roll of the Town o[ Southold; that said Notices were mailed at the United States Post ficeat '~ c,.e-'r ,(--,°a ~--- ~ ~ ; that said Notices were mailed to'ea~:h of ~id persons by (certified) ~mail. ' ' : // / '-7' HERBERT W. BOLK, JR NOTARY PUBLIC; STATE OF NEW SUFFOLK COUNTY. 52-5373600 ~OMMISSION EXPIRES, SEPT, 30, (This side does not have' to be completed on form transmitted to adjoining property owners.) ~roparer will uno currontl7 a,/ailablo Jnfonntl[ion cr othor lnvo~Llgatz¢nq w~l bo cc~plctod Envlronmcntal As~os~munt Fol~ Dot ~lgnlflcanL. 1, W~i proJcc: rou~t tn a %o the project nifo or ph>:~lcall7 niter more / than 10 acrcn Of land? · · . . . . . Y~.:~ 2. Will thoro bo a ~Jor chango to any ,lniquo OF unusual land fo~ found on tim nlru? ]. Will project ol*.or or havo a lar{l,~ offoct on &. W~! proJoct havo a potunttally largu lml>ticb ou / 6. Will project affoct any t. hrent.:m~,l -plant or anivnl spccleu'? · . . ..... 7. ;1~1 proJoct rest~t in n ~raj~4' d. W~i proJcc~ havo'a c,n]or of foot cn via:mi ~:l',~:~- octet of tho -- -'-' / kaOt~ ~0 bC L~portant %o tho (:o;z,:um~t77 · · 9. Will proJcc~ ad,,'oraoly Impac~ ufo of h~toric, prc-hlscorlc, or lnportnncc or any alto domignatnd a:; n c¥ttlcnl ¢nvlronmon~l aroa by n local a~Cuucy? , · 10. W~i proJoct havo a ~qJor offoct On oxlut~ or / future recreational opportunitiua7 · 11. Will proJoct.rcsul%' in {~%,Jor traffic {}robl(,t,m o:- cause a major offoc% to ~xlxtlng systems? ' " ' Y,": 12. Uill proJoct rogt~arly cau:;o ¢~biecL~t)~l;tl~le lJ. Will proJoct have any impact on lmbllc health ~r lt. Ulll proJoct ~.ffoc~ :ho uxi tlI~+: ~m,~mmit7 L7 tloa cf moro tha~ 5 pure(mt o,.,o:' a . . __. ,ISTRICT 000 ECTION 123.00 ;LOCK I1.00 ~OT )03.002 CONSULT,~.~U~.LAWYER BEFOR~NING THIS INSTRUMENT . 'THIS INSTRUME~HOULD BI USED BY LAWYERS ONLY 543 '" ' ~A~E THI$1NDF.,NTURF.,,madethe llth dayof December , nineteen hundred and eighty-four BERNICE T. LETTIERI, residSng at 48 Cayuga Road, Yonkers, New York 10710 party of the first part, and SEYMOUR S. LEVINE and MERLE P. at 3,Gate? WAy. _~ mllff, New yo_~79 LEVINE, his wife, both residing party 0f the second part, WITNESSETH, that the party of the first part, in consideration of .......................... Ten ($10.00) DEC 18 1984 TR/,;'~::'"T': ]'AX SUFFOLK ___ COUNTY dollars, lawful money of the United States, paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successorsandassi~softhepa~yofthesecondpartforever, ALLthatcertaln ~ot, pieceorparcelofland, wl~ ~ebuildingsandimprovementsthereonerected, situate, at East Marion, in the lying ~dbeingi~<t~z/ Town of Southold, County of Suffolk and State of New York, being more particularly bounded'and described as follows: BEGINNING at a point on the northeasterly side of a 30 foot right of way at ~he northwest corner of land now or formerly of A.L. Lettieri and B.T. Lettieri, aaid point being the following four (4) courses'and distances fromt, a point on the oorth side of Main Road where the same is intersected along by the westerly side of land now' or formerly of R.W. Gillispie, 3rd; 1. Westerly from land now or formerly of R.W. Gillispie, 3rd, along ~he :northerly side of Main Road, on a curve bearing to the left, having a radius of 2898 feet, a distance of 62.30 feet, to the northeasterly side of a 30 foot right of way; 2. Along the northeasterly side of a said 30 foot right of way, ~orth 61 degrees 28 minutes West 161.99 feet; 3. Still along said right of way, North 15 degrees 30 minutes West 211.74 feet~ 4. still along said right of way, North 7~ degrees 30 minutes West 29.96 feet to the Truepoint of Beginning: NorthJthence along said right of way, North 75 degrees 30 minutes West 100 feet to theeasterly lines of land now or formerly of L. Jahier; THENCE along said land North 0 degrees 44 minutes 30 seconds West 287.88 feet to the southerly side of Dam Pond; THENCE along the southerly side of Dam Pond on the Tie Line bearing South 70 degrees 00 minutes East 195 feet to the northwesterly line of A.L. Lettieri and B.T. Le~tieri; , i 544 THENCE along said land South 18 degrees 33 minutes 50 seconds West 259.72 feet to the northeasterly side of aforementioned 30 foot right of way, at the point or place of BEGINNING. Together with an easement, in common with others over the above mentioned, right of way, southerly to the Main Road. Together With a right to use in common with the others as determined by the grantor herein thefollowing described property: ALL thatcertain lot, piece or parcel of land, situate, lying and being at East Marion, in the Town of Southold, County of Suffolk and'State of New york, begin more particularly bounded and described as follows~ BEGINNING at a point on the ordinary high watermark of the northerly side of Dam Pond, South 89 degrees 56 minutes 50 seconds East 160.28 feet along said high water mark from land of M. Gillispie; From said point of beginning running along said high water mark of Dam Pond,~ North 89 degrees 56 minutes 50 seconds West, 80.14 feet; Thence along land of L.Jahier, North 15 degrees 30 minutes West 150.00 feet to ordinary high watermark of Long Island Sound; Thence along said high water mark, South 89 degrees 56 minutes 50 seconds East 80.14 feet; Thence along other land of the party of the first part South 15 degrees 30 minutes East 150.00 feet to the point of Beginning. Together with a right of way through said Dam Pond to the premises in common with others. BEING and intended to be the same premises conveyed by deed from David L. Gillispie and Patricia E. Gil!ispie, his wife, da~ed August 29, 1983, and recorded in the Suffolk County Clerk's office on September 7, 1983 in Liber 9420. cp 495. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. written. I~i' AND the party of the first part covenants ihat 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 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 I~rust fund to be applied first for the purpos~ of' paying the cost of the improvement and,will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITI~IE.5$ WHEREOF, the party of the first part has duly executed this deed the day and year first above STATE OF NEW YORK, COUNTY OF SUFFOLK SS: On thellth day of December 19 84, before me personally came Bernice T. Lettieri to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that STATE OF NEW YORK, COUNTY OF $S: On the day of 19 , before me personally came to me kaown, who, being hy me duly sworn, did depose and say that he resides at No. ; that he is the of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order· illargaitt aah ale o.c°' Lettieri TO Levine STAXDARO FORM OF NEW YORE BOMD OF TITLE UNDEAWEIIT. AS Distributed by CHIC&GO TrFI,E INSURANCE COMPANY STATE OF HEW YORK, COUNTY OF On the day of 19 personally came SS: before me to me known to be the individual described in and who executed the foregoing instrument~ and acknowledged that executed the same. STATE OF NEW YORK, COUNTY OF SS: On the day of 19 , before me personally came the subscribing witness to the foregoing i.nstrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at ~o. 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. SECTION BLOCK LOT :~gR~A'~RR TGWN of East Marion County of Suffolk Re~orded at Request of CHICAGO TITLE INSURANCE COMPANY Return b1, Mall to Jeffrey E. Levine, Esq.. suite 3205' 10 East 40th Street New York, New York 10016 Zip No. ,Z 99 QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED %~TH 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? 2.a)Are there any areas which contsin 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? 3. Are there existing structures at or below ground level, such as patios, foundations, etc? Yes ~ No Are there any existing or proposed fences, concrete barriers, decks, etc? If project is proposed for an~essory b~ or structure, iq total height at more than 18 feet above average ground level? State total: ft. ~ No Yes G If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total: ft. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Yes N~ 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 Town Board Town Trustees County Health Department Village of Greenport N.Y.S.D.E.C. Other Yes Yes o Yes Yes ~ Yes Yes Yes 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or pugchasers and conditions of sale. (from contract) Yes Q 11. Is new construction proposed in the area of contours at 5 feet or less as exists? Yes 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? ~s~ 13. Please list present use or operations conductDd upon the subject property at this time ~~.~m~~ and proposed ~-~ ~ Please submit photographs for the record. I certify that the above statements are true and are being submitted for relian~ by the Boa~Appeals in considering my application. SignatUre/ '(Prope~O~her) (Authorized Agent) / 1/88 WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 by L.L. No. 6-1985]: A. TIDAL WETLANDS: (1) All lands generally covered or ietermittently cov- ered with, or which border on, tidal waters, or lands lying beneath tidal waters, which at mean Iow tide are covered by tidal waters to a maximum depth of five (5) feet, including but not limited to banks, begs, salt marsh, swamps, meadows, flats or other low lying lands subject to tidal action: (2) All banks, bogs, meadows, fiats ned tidal marsh subject to such tides and upon which grows or may grow some or any of thc following: salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel, marshmallow and low march cordgrass; and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A~2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. FRESHWATER WETLAN1)S: (1) 'Freshwater wetlands' as defined in Article 24, Ti- fie 1, § 24-0107, Subdivisions l(a) to l(d) inclusive, of the Environmental Conservation Law of the Stave of New York; and (2) All land immediately adjacent to a "freshwater Wet- land," as defined in Subsection B(1) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." / / 9705 (~) COUNTY OF SUFFOLK Ji.~,~ soul · ~, ReaJ Properly Tax Service Agency YJLL~GEO~F