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Home My WebLink About3754 Southold Town Board of Appeals MAIN RnAD- STATE: RnAD 25 SDUTHDLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRiNGER, CHA)RMAN CHARLES GRIGONiS, .IR. SERGE DOYEN, JR. ACTION OF THE BOARD OF APPEALS JOSEPH H. SAWlCKI James Dlnizio, Upon application of ANDRE AND THOMAS CYBULSKI. Variance to the Zoning Ordinance, Article III, 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. WHEREAS, a public hearing was held on August 18, 1988 in the Matter of the Application of ANDRE AND THOMAS CYBULSKI under Appeal No. 3754; 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 5.4867-acre parcel of land located off the west end of a private right-of-way extending 187.0 feet off the west side of Depot Lane, Cutchogue, and more particularly identified on the Suffolk County Tax Maps as District 1000, Section 96, Block 5, Lot 1.2. 2. The subject premises is located in the "A-80" Residential and Agricultural Zoning District and is improved with four storage buildings with sizes and setbacks as shown on the March 11, 1987 Survey Map prepared for the applicants by Young & Young Surveyors. 'Page 2 - Appl. No. 3754 Matter of ANDRE AND THOMAS CYBULSKI Decisio~ Rendered September 16, 1988 3. By this application, the appellants request Variances: (a) for permission to utilize existing barns for inside storage of general miscellaneous items {other than the presently permitted agricultural storage uses), and (b) approval of alternative access under New York Town Law, Section 280-a, which is an existing dirt driveway used over the years by the trailer-trucks and other vehicles related to the farming operations. 4. For the record, it is noted that under previous Action of this Board under Appeal No. 3671, application was made for access over the most northerly right-of-way and for use of the premises involving activities permitted in a "C-Light Industrial" Zone District. The access was conditionally approved, and the use variance was denied without prejudice (see Decision rendered January 14, 1988). 5. In considering this approval, it is the understanding of the Board Members that the miscellaneous items to be stored would include many varieties, such as boats, trailers, books, equipment, household items, construction materials, etc., and the items stored would be "inactive" or "dead" storage, requiring loading and unloading during seasonal periods. 6. The following information is also noted for the record: (a) the premises has continuously since prior to zoning been used for farming and commercial agricultural operations incidental to the farming business; (b) the agricultural operations have been ceased within the last two years, and the taxes for the land and buildings has increased by more than 250% (particularly due to the removal of the agricultural tax exemptions); (c) there are no other uses permitted under the zoning code for this 5.4867+- acre parcel as exists which would yield a reasonable return; (d) the previous use for commercial agricultural storage and related activities is similar to the storage use and related activities requested herein. 7. In considering this application, the Board also finds and determines: (a) the land in question can't yield a reasonable return as exists and a denial of this variance could be recognized as a taking of property {Gordon v. Town of Huntington, 1962, 230 N.Y.S.2d 619}; 'Page 3 - Appl. No. 3754 Matter of ANDRE AND THOMAS CYBULSKI Decisio~ Rendered September 16, 1988 (b) the subject property and buildings cannot be economically used for one-family residence or other use established in this Residential and Agricultural Zone District as exists; (c) properties to the north (along the Long Island Railroad) are zoned "C-Light Industrial"; along the east side of this property at the north end "B-Light Business" a length of approximately 265 feet; directly opposite Depot Lane both "B-Light Business" and "A-Residential/Agricultural"; along the west and south sides, "A-Residential/Agricultural"; (d) the alternative access over the existing driveway is more suitable for trailers and large trucks to enter upon and exit from, without adverse disturbance to the neighboring residentially-used properties, in lieu of the northerly right-of-way; (e) the evidence for "significant economic injury" is sufficient to warrant a grant of this variance; (f) the variance, as conditionally noted below, is the minimum necessary to afford relief; (g) the storage uses as authorized will not alter the essential character of the neighborhood; (h) the hardship is unique, is not due to the general conditions of the neighborhood, and is not personal in nature; (i) there is no other feasible method for appellants to pursue; (j) in light of all of the above, the interests of justice will be served by granting the variances requested and as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT the relief requested for permission to utilize existing barns for storage and for access as required by New York Town Law, Section 280-a, as applied under Appeal No. 3754 in the Matter of ANDRE AND THOMAS CYBULSKI, SUBJECT TO THE FOLLOWING CONDITIONS: 1. The storage be as applied and be "dead" or "inactive" storage; 2. No storage of noxious or ignitible materials; 3. Hours of operation should not be before 8:00 a.m. or after 7:30 p.m.; Page 4 - Appl. No. 3754 Matter of ANDRE AND THOMAS CYBULSKI Decision Rendered September 16, 1988 4. Maximum of 10 trailers parked (behind barns) at any one time; 5. Ail vehicles entering and exiting the site must use the alternative (existing driveway) access {as applied}; 6. The base of the alternative (existing driveway) access must be maintained in its present good to excellent condition; 7. Any subdivision approval will automatically void and terminate this variance. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, and Sawicki. (Member Doyen was absent due to serious family illness.) This resolution was duly adopted. RECEIVED AND FILED BY THE SOUTHOLD TOWN C~.~RK Town Clerk, Towa of Southold lk GERARD P. GOEHRINGER CHAIRMAN NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN~ pursuant to Section 267 of the Town Law and the Code of the -own of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Mee~in§ at th~' Southold Town Hall, Main Read, Southold, NY i1971, on THURSDAYs AUGUST l~, t'988, ~t the follow~ng times: 7:35 p.m. Appl. No. 3740 CAROL MAGUIRE. Variances the Zoning Ordinance, Article III, Section 100-32, for the placement of accessory building in an area other than the required rearyard, and Article ×I, Section lO0-119.1~ for to the placement of a fence in the frontyard area ~n excess of the maximum-permitted foJr-foet height requirement. Location of Property: 2500 Nassau Point Road, Cutchogue~ NY; County Tax Map Parcel No~ 1000-104-12-14.1. 7:40 p.m. Appl. No. 3750 - SEYMOUR AN~MERL~ LEVIN~E. Variance ~o the Zoning Ordinance, Article III, Section 100-32 for placement of an accessory building in an area other than the required rearyara. Location of Property: 460 Private Road #8, East Marion, NY; County Tax Map Parcel No. 1000-23-1-3.2. /:45 p,m. Appl. No. 3751 JEAN C."~O[[~ND~'LONGNECKER. Variances to the Z6ning Ordinance, Article III, Section 100-31, Bulk Schedule~ for approval of proposed Parcels A and B having insufficient area and width. Location of Property: Sunse~ Roao, Beach Lane, and Lowland Road at Nassau Point Map Section C, Lots 327 and 328, and Walter Grabie Map, Lots 36 and 37; Cutchogue, NY; County Tax Map Parcel No. lOOO-111-10-18, 1, and 2. Page 2 qot~ce of Hearings Regular Meeting August ]8, 1988 Southold ToNn Board of Appeals 7:55 p.m. Appl. No. 3753 - VINCENT GEROSA. Variance to the Zoning Ordinance, Article XI, Section-lOO-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: 31~--Aquaview Avenue, East Marion, NY; County Tax Map Parcel No. 1000~2I-2-3. 8:00 p.m. Appl. No. 3755SE ~IMOTHY COFFEY AND THE COVE AT'SOUTHOLD, INC. Special Exception to the Zoning Ordinance, Articl~ II],.Sec-tion lOOq30C, for permission to erect off-premises-directi.enal--sign, Location of Property; So-u~h 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 Zoni-.ng 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. 1000-70-07-007. (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 ~n 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 Map Parcel No. 1000~72-2-2.1 and 3, 8:15 p.m. Appl, No. 3754 - ~N_DR~E AND THOMAS CYBULSKI~, Variance to the Zoning Ordinance, Article II~.I~, ~ection lO0=30A for permission to utilize ~xisting barns for~ storage of general items (instead of a~ricultural s~_e!- ~a~n~d _use as -an alternative under New Y~rk Town Law, Section 280-a existing driveway for access. Location of Side of Depot Lane. £utchogue~ NY; District Lot 1.2 and part of 1.1-. Dated: July 27, 1988. Property: West 1000,~ BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN By Linda Kowalski TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTIIOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ PLEASE TAKE NOTICE that your application dated .. ~ ~. ~ ............ 19 ~-,t~,~se IVo ~ Street ~ ~Homiet Countv Tax Map No. It)00Section ..'..~k ..... Block .... ~.~ ...... Lot Subdiviqon ................ Filed Map No ................. Lot No .................. .~,.~. ~..~ ~p....~...~,.~...%.~., .................. Building Inspector APPEAL FROM DECISION OF BUILDING INSPEC ' q~''~'~?- APPEAL NO. '3 -7 &~-9z DATE ............................. TO THE ZONING BOARD OF ^PPEALS, TOWN 1, (We) .A.D..~.r.~...~..~ma~,.~b~lski ........... of ...... ~.~.~.O.~..L~ .............................................. Name of Appellon~ Street and Number ........ .O..~..~.c.~.o.q_,,qe. .................................................................. .~,~.~,...~,~.~ ...... 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 (X) ( ( Name of Applicant for permit of Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY ) 1. LOCATION OF THE PROPERTY ..W,~s...De~.o.t..Lazze.,..~g.utc2ao.~u~,...~y ............................. Street /Hamlet / Use District on Zoning Map District 1000 Secti0n96 Bl0ck5 L0tl.2 C~urrent 0wnerAndre & Thomas Cybulski Mop No. Lot No.P~° Z-PZri0r Owner ~ew Cybulski 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordi.nance.) Article ZZZ Section 100-30A 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (×) A VARIANCE to the Zoning Ordinance or Zoning Map (X) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons.. Laws Art. 16 Sec. 280A Subsection 3 To use as an alternative the existing ( ) driveway 4. PREVIOUS APPEAL A previous appeal (has) ~:~Rt) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special aermit (~) request for a variance NO. 1783 June 7, 1973 ana was made in AppeoJ No. .3.~.1 .................. Dated ..~a~u~,z:.~....'L~.r...'Lg~.8 ............................. (X) ( ) is requested for the reason that we would like to rent buildings for storage of .general merchandise REASON FOR APPEAL A Variance to Section 280A Subsection 3 To use as an alternative the existing A Variance to the Zoning Ordinance driveway the existing .agricultural (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF TH~OR~-~ANCE would produce practicaldifficultiesorunneces- sory HARDSHIPbecau~ znsurance and real estate taxes must still be paid and the existing b~tns,_which-are unoccupied, are not bringing in an income. This property can not be economically used as a farming business for which it had been used for over twenty five years° The existing barns do not yield a reasonable return. 2. The hardshiDc'eatedis UNIQUEondlsnotshared by all prope~ies alike in the immediate vicinity of this property and i. this use district because the area has all one-£amily houses and this property consists of several agricultural buildings which ceased ~o be used in a farming business use. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because there is already commercial zoning in the immediate area. COUNTY O~ ) Sworn to this .............. /.. .......................... day of .................................. ~.sPUt~i=, Sta~ of New Yo~lk 125850, Suffolk T~m Expire~ October 31, 1~ '' ~"() TOWN OF SOUTHOLD Pk~OPERTY RECORD CARD 1006 - yG-,.~-{.,2. -"'"~,-"" DIST. SUB. LOT ~" "~ ~-~N ER STREET. VIL~GE FO~EROWNER N~. ~. ~. , ~d~f~ -~"' / 2.~7~ ', ~ ~,.'-'.t'~ ' s w / ~PE OF ~U~LD~N~ ~- ~"f 7 : _ ,' ',ES. /~O · S~S. VL. :ARM / CO~. CB. MICS. Mkt. Value ~ND IMP. TOTAL DATE R~RK~ .~ / g /o .' ' ' ' [liable , FRONTAGE ON WATER 7 - ~,ON~,~ ON *0.~ _?,..,. ,~~ ~eodowlond DEPTH ouse Plot BULKHEAD ]tol Porch Garage Total Foundation Basement Ext. Walls Fire Place Type Roof Recreation ROom Dormer Bath Floors InteHor Finish Heat Rooms 1st F~oor Rooms 2nd Floor Driveway LR, DR. ~:~,,~-' :,, _. :-_/./ TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET ) VILLAGE DIST. SUB. LOT FOR~ER OWNER N E s w ' ' ~ o~ ~U~LDIN~ ~s. ~/~ ~ seas. VL FA~ ~N~ I~P, TOTAL DATE V/ ~ ~ /"~ ~ . :':.~ o .) >:' "" /" :- o ~ ~"/' ~'/'''' NEW NORMAL BELOW ABOVE FARM Acre Volue Per Volue Acre Tillable Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER Brushl~nd FRONTAGE_ ON ROAD · House Plot - / BULKH~D Total , ,, DOCK M. Bldg. Extension Extension Extension - c2/// Porch Porch Breezeway Garage Patio Total COLOR TRIM Foundation Basement Ext. Walls Fire Place Type Roof Recreation Roorr Dormer Driveway Beth Floors Interior Finish Heat Rooms 1st Floor Rooms 2nd Flora ISL~I'VD ROAD now or former,y o=, Victoria E. Bugdin B A. 8 g Grohoski now or formerly Irene Grohoski Right of Way. now or formerly Andrew E~ Sophie Cybulski Virginia I[. McCoffery m SURVEY FOR ANDRE d. CYBULSKI THOMAS A. CYBULSK AT CUTCHOGUE TCWN OF SOUTHOLD BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter oT the Petition of : Andre & Thomas Cybulski : to the Board of Appeals of the Town of Southold : TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it,s the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a ~anc~) (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: West side of Depot Lane, OutchoKue, NY CTM # 1000-96-5-1.2 and p/o 1.1 3. Thattheproperty whichisthesubjectofsuchPetitionislocatedinthefollowingzoningdistrict: Hesidential & A~ricultur~l 4. ThatbysuchPetition, theundersigned willrequestthefollowingrelief: merchandise 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed_a~ Article III Section 100- ~0A Section 280-A, New York Town Law for approval of access over ~w,S~:~,J~ 6. That within five days from the date hereof, a written Petmon requesting the relief specified above will - be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and inthe Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: ~7/ ~: ~' . Petitioner Owners'Names: Andre & Thomas Cybulski PostO~ce Address Deoot Lane~ Cutcho~ue~ NY llq3~ Tel. No. (o"~4~) ~'.~- ~,f-~ [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NAME Mrs. Eva M. Smith Mr. & Mrs. Andrew Cybulski Mrs. Irene Grohoski Ms. Virginia McCaffery Mrs. Victoria E. Bugdin Mr. A.L. Grohoski Mr. William Beebe MTA-Long Island Railroad PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS DePot Lane,' Cutchogue, NY 11935 Depot Lane, Depot Lane, Depot Lane, Cutchogue, NY 11935 Cutchogue, NY 11936 Cutchogue, NY 11935 Depot Lane, Cutchogue, NY 11935 New Suffolk Lane, Cutchogue, NY 11935 Jamaica Station Jamaica, NY 11435 Att: Legal Dept. P 933 16~ 532 /RECEIPT FOR CERTIFIED MAIL NO INSURANC~ COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Postsge Cutchoquet NY of July . ]9 88 gat 300 Midwood Rd. , being duly sworn, deposes and says that on the ] 2~-hday , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at Southold, NY ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this -- ff Notary~ublic PubliC, State m mew ,~ (This side does not have to be completed on form transmitted to adjoining property owners.} JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS 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: $outhold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Dated: July 12, 1988 Transmitted herewith is Zoning Appeal NO. 3754 , application of Andre & Thomas Cybulski for a variance. Also included is: Notification to Adjacent Property Owners; Short Environmental Assessment Form; letter relative to NYS Tidal Wetlands Land Use; Notice of Disapproval from the Building Department; survey of property; and any other attachments relative to this application. Judith T. Terry Southold Town Clerk 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 Delivery) 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, P.C. (Re: William Baxter, Jr.) Main Road, Box 1424 Mattituck, NY 11952 Messrs. Andre and Thomas Cybuslki c/o Mrs. MaryAnn Cybulski (hand delivered) Individual Board Members with copies of file information E ~ ISL4~D RAIL ROAD ; S 52°14' O0"W Victoria E. Bu(]din ~ ~ A 8~ L Grohoski now of formarly Irene Grohoski ~ Right of now or formerly Andrew ~ Sophie Cybulski ~z-~sT.m~' O~JV£ ~ ~ L now of formerly Virginia E. McCoffery m "o o SURVEY FOR ANDRE d. CYBULSKI ~ THOMAS A. CYBULSKI AT CUTCHOGUE TOWN OF SOUTHOLD August 2, 1988 NOTICE OF DISCLOSURE I would like to disclose for the record that I am the husband of Mary Ann Cybulski, who is employed part-time by the Town of Southold, and I am the co-owner and co-applicant under Appl. No. 3754. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. TELEPHONE (516) 765 1809 APPEALS BOARD AUgUSt 18, 1988 MEMBERS 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.- 3754 PROJECT NAME: ANDRE AND THOMAS CYBULSKI This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article ~ 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 slg~]lfl- 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 [X] Exempt DESCRIPTION OF ACTION:Utilize existing barns for storage of general items (instead of agricultural storage) and use existing driveway as an alternative for access. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: W/s Depot Lane, Cutchogue,.NY ~ 96-5-1.2 and p/o 1.1 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; (2) Involves no substantial change to existing buildings or premises. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Town }[all Southold, NY 11971; tel. 516- 765-1809 or 1802. ' Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. mc NOTICE OF HEARINGS NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the ~ Regular Meeting at the Southold Town Hall, Main Road, Southold, New York, 11971, on THURS Y A 1988 at the followinstimes: 7:35 Rm. Appl. CAROL MAGUIRE. Variances to the Zoning Ordinance, Arti- cle !11, Section 100-32, for the placement of accessory building in an area other than the re- quired rearyard, and Article XI, Section 100-119.1, for the place- ment ora fence in the frontyard area in excess of the mmximum- permitted four-foot height re- quiremenc Location of Proper- ty: 2500 Nassau Point Road, Cutehogue, NY; County Tax Map Parcel No. 1000-104-12-14.L 7:40 p.m. AppL No. 3750. SEYMOUR AND MERLE LEV_,~. Variance to the Zon- ing Ordinance, Article 111, Sec- tion 100-32 for placement of an accessory building in an area other than the required rearyard. Location of Property: 460 Private Road No. 8, East Marion, NY; County Tax Map Parcel No. 1000-23-1-3.2. 7:45 p.m. Appl No. 3751. 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- tion C, Lots 327 and 328, and Walter Grabie Map, Lots 36 and 37; Cutehogue, 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 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 / weeks once each week for ........................... successively, commencing on the .......... day Sworn to before me this . .: .......... ~ ...... day of 8.'00 p.m. AppL No. 3755SE. TIMOTHY COFFEY AND INC. Special Exception to the Zoning Ordinance, Article I!1, Section 100-30C, for permission to erect off-premises-directional sign. Location of Property: South Side of the Main Road (S.R. 25), Southold, NY; Coun- ty 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 tl~e Zoning Or- dinance, 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. 1000-70-07-007. (Business-Zone District). 8:10 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 a Oregon Road, Cutchogue' County Tax Map Parcel No. 1000-72-2-2.1 and 3. Notary Public BARBARA FORBEs Notary Publie' 8tare of ~ew York No, 480e~a Co Qualified in 8u/,folk C~mW rnmi~ion F, xpima '::~-~3/ 19~:~ff A/t~N:I5 p.m. Appl. No. 3754.'~ DRI~ AND THOMAS CYBULSKI. Variance to the Zoning Ordinance, Article 111, 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 end 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 Kowalskl IT-B/4/BB(6) NOT]gE IS I-HEREBY GIVEN, Town Law and thc Code of thc Town of Sonthold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meet- lng at the Southold Town Hall, Main Road, Sonthold, NY 11971, on THURSDAY, AUGUST 18, 7:35 p.m. Appl. No. '3740 -- '~CAROL MAGUIRE. Variances to the Zoning Ordinance, Afficle, ]]], Section 100-32, for the place- ~- Petd, and Atlicle X], S~ction 100- . 119.1, for the placement of · fence in the fm0otyard ama in ex- ~f0ur-foot height requirement. ~ ~a~.atioo of PnR0e~'y: 2500 Nassau ~-:~iPoint Road, Cutchogue, NY; ~'~T~,~'{r.~antT Tax iVlap Pared No. I000- ~'7:40 p.m. Appl. No. 3750 '-- .SEYMOUR AND MERLE , LEVINE. Variance to ~ Zoning · ~ Ordinance, Article IH. Sectieo 100- required teary·rd. Location of Prope. ny: 460 Private Road #8, Parch No. 1000-23-1-3.2. 7:45 p.m. Appl. No. 3751 -- .JEAN C. H O L - LAND/LONGNECKER. Vari- Article IH, Section 100,31, Bulk Schedule, for approval of proposed Parcels A and B having insuffi- cient area and width. Location of Lane, and Lowland Road at Nassau and 328, and Walter Grabin Map,~,/g 111-10-18, ~[~nd 2. 7:55 p.m. Appl. No. 37:53 -- VINCENT GEROSA. Variance to the Zoning O~dionnce, Anlcle XI, Section 100-119.2A, for per- mission to ~onstruct additions to e~isting dwelling with an insuffi- ~ent setback from the top of bank ~r bluff along the Long Island ~ound. Location of Property: 315 4,qunvlew Avenue, East Marion, ~Y; County T~x l~ap~Parenl No. [000-21-2-3. ~:~ . .* :00 p.m. Appl. :No. 3755SE -c' FIMOTHY CO~'~'~Y AND THE ~OVE AT SOUTHOLD, INC. ~peclal Eacepti°n to the ~ns ~}00rdinanee, Article I'n', Section. -30C, for Petmi~slon to e~ect ~ off-premises-dlrectlonel sign. Location of Ptope~y: South Side Main Road (S.R. 25), Southold, NY; Commty T~ Map Pared ~o. 1000-75-06-7.3.-~.~i~=.;:~..~. 8:05 p.m. Appl. No. 3756V -- HENRY J. SMITH AND THE COVK AT SOUTHOLD, INC. Variance to lie 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. 1000- 70-07-007. (Business-Zone District). ; 8.-10 p.ml 'Appl. ~o. 3744 -- WILLIAM BAXTER, JR. Vali- ~nces to the Zoning Ordinance, Article 1]]+ Section 100-31, Bulk Schedule, for approval of insuffi- ent area and width of lot in'a ~posod set-off to be considered ! the Planning Board. Location !Property: Private tight-of-way ttendlng off the north side of )reiCh Road, Cutchogue, NY; .'ounty Tax Map Parcel No. 1000-/~.~ ~2-2-2.1 and 3. . · ~ ""8:15 p.m. Appl. No. 3754 kNDRE AND THOMAS CY- iULSKI. Variance to the Zoning )rdin&nce, Article m, Section 100- 10A for permission to utilize tistlng barns for storage of gen- ~l items (instead of agricultural or·ge) and use as an alternative mder New York Town Law, Sec- ion 280-a existing driveway for access. Locatlo~ of property: West Side of Depot Lane, Cutchogue, NY; District 18300, Section 96, Block 5, Lo{ 1.2 and part of LI. ~_ The Hoard of Appeals will ~ said time and place hear any and all persons or representatives de- siting to be heard in each of the above matters. W~tten ~omments may also be submitted prior to the conclusion of the subject hearing. F. ach hearing will not start before STATE OF NEWARK) ) SS: COUNTY OF SUFFOLK) Christina Contento of Mattituck, In said County, being duly sworn, says that ho/she is Principal Clerk of THE SUFFOLK TIMES, s Weekly Newspaper, published Et Mattltuck, In the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed c01~, has been regularl~ published In said Newspaper once each week for 1 weeks successively, commencing on the 4 day of A" ~','~ ~ ~9 88 ..t~ f Principal Clerk time elloucd. F°r mote infor- ttioo, please cab 765-1809. ~ted: Ittly 27, 8988. ~y ORDER OF THE ~ SOUTHOLD TOWN MARY K.D[GNAN ' k '~oF~. ~ ~o~!~'.~ pu~u¢, State G=ERj~RD p. GOIZitR~GER, L ... Su~tot'~ County N,0,. By Li~da Kowelsk~ ~.~/""~-'- leant Expires Febraar )27-1TA4 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. llD?l 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 L_ .14-16-4 (2/87)--Text 12 PROJECT I.D, NUMBER 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME Andre & Thomas Cybulski 3. PROJECT LOCATION: Municipality Cutcho~uer New York County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc,, or provide map) West side of Depot Lane, Cutchogue, NY SEQR 5. IS PROPOSED ACTION: [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: N~nt agricu/tural barns for storage of general merchandise 7. AMOUNT OF LAND AFFECTED: Initially acres Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If NO, describe briefly 9. WHAT IS PRESENT LAND USE iN VICINITY OF PROJECT? ~ Residential [] Industrial [] Commercial 2~] Agriculture [] Park/Forest/Open space [] Other Describe: 10. DOES ACTION iNVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes 1~ NO if yes, list agency(s) and permit/approvals lt. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VAL D PERMIT OR APPROVAL? Yes ~J No If ye~, list agency name and permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMiT/APPROVAL REQUIRE MODIFICATION? [] Yes [] NO I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUI~ TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Date: 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 1 (Continued on reverse side) The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will be made by this board before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (a) In order ko answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? Yes ~ NO 2. Will there be a major change to any unique or unusual land form on the site? Yes w'No 3. Will project alter or have a large effect on an existing body of water? Yes ~ No 4. Will project have a potentially large impact on groundwater quality? Yes ~/No 5. Will project significantly effect drainage flow on adjacent sites? Yes 6. Will project affect any threatened or endangered plant or animal species? Yes ~No 7. Will project result in a major adverse effect on air quality? Yes ~ No 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? Yes /No 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? Yes vNo 10. Will project have a major effect on existing or future recreational opportunities? Yes ~ No 11. Will project result in major traffic problems or cause a major effect to existing transportation systems? Yes ~No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? __Yes ~/No 13. Will project have any impact on public health or safety? ... Yes _~No 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year Yes period or have a major negative effect on the charact~ of the community or neighborhood? Is there public controversy concerning the . project? 15. Preparer's Signature: Representing: ZBA ~/75 Yes ~/No Date: / ~o3 'k FORM NO. 4 ~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE $OUTHOLD, N. Y. CERTIFICATE OF OCCUPANCY No Zl+O80 Date Dec 1 1 19 ?0 THIS CERTIFIES that the building located at ....W/~..~.e.po.~. ~ ......................... Street N~ap No .....~ ............. Block No ......~ ............ Lot No.......Z~.. ....... ..C..u..~...~..h...o.~..~..e. ............................... conforms substantially to the Application for Building Permit heretofore filed in this office dated ...................................... ~e.p.t ........ 10......, 19..6.9. pursuant to which Building Permit No...br...~.~....~.... dated ........................... ~......1.Q .......... , 19..~.~..., was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ........ .............. .E~..~.~Q ~.~ &e...hU~,~,1~g ...( ~ g;r.~,..q .u..~.~ ~.k. ~..c..c...e..s...s..o. ~Z~ .................................... The certificate is issued t,~ kD. drew Cybu2Lski O~ne~' (owner, lessee or tenant) of the aforesaid building. House ~ ~+505 Building ~/~spector TO~I~I' OF SOUTHOLD Bl.~t',r~l~G DEPARTMig~NT Town Clerk's Office Southold, N. Y. Certificate Of Occupancy No. Z6~.0.9 ...... Date ,Tune I+ 19..7.~. THIS CERTIFIES that the building located at .~/$..9.,p.o.t...L~.n.e. .......... Street Map No.....X~X. ....... Block No. X~ Lot No XXX Cutchogue N o¥. conforms substantially to the Application for Building Permit heretofore fried in this office dated ..........J.~ly .... l.., 19..7.~ pursuant to which Building Permit No.. 7368Z. dated ........... J. uly ..... l., 19..?.~, was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is ....Ag.r.i.c..u_~..t..u~..a.1..(...f.a.r.m...m.a.c.h.i.n.e..r.y storage etc ) building The certificate is issued to ...A~..d.r.e..&...T.h.o.m..a.s..C.y.b.u.l.s..ki. ..... . .0~..e.r.s. ............... (owner, lessee or tenant ) of th~resald~ building. Suffo~ C~unty Department of Health Approval .... UNDERWRITERS CERTIFICATE No.p.e.n.'~l.ilaE .................................... HOUS~NUMBER. .~.~.0~. Street De~.ot Lane Cutcho~e ...... .... Building Inspector I~ORM NO, ~ TOWN OF SOUTHOLD BUII.BING DEPARTMENT Town Clerk's Office Southold, N. Y. Cerlific te Of Occupancy No. Z.6..9. 9.6. ...... Date ................ .l~.r. qh....2... 19..7.6. THIS CERTIFIES that the building located at..~./~..D.e, p9.~..L..a.n.e. ......... Street Map No...x.x. ........ Block No...FF. ....... Lot No....x~....C.~.¢. 9.~.o.~.u..e .... .~...Z... ....... conforms substantially to the Application for Building Permit heretofore filed in this office dated ...........D..e.c... i..2..., 19. ?5. pursuant to which Building Permit No..8.33~.Z.. dated ...........D..e.c .... .~.2..., 19..7.~., was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is . ~4~Ict~ri~.],. ( .f~,r.m. )...Bq.i..1.d.i.nl~ ...................................... The certificate is issued to .../~..d.r..e..&..?.h.o..m~..s..C.y.b..u~..s.k.i. .......................... (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval ...N.:R.: ............................. UNDERWRITERS CERTIFICATE No..N...R... ....................................... HOUSE NUMBER....~5.0.~. ...... Street ..... .D.ep.o.¥..L.a.n.e. ......................... Building Inspector TOWN OF $OUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N. Y. Certificate Of Occupancy No...Z9.C).5.7. ..... Date June 12 19. ?8 THIS CERTIFIES that the building located at . $5.Q5. Depo~c. Le~e ......... Street Map No ............. Block No ........... Lot No .................................. conforms substantially to the Application for Building Permit heretofore filed in this office dated ... J.~..Y....2.7. ......... , 19..77 pursuant to wi{ich Building Permit No... ~.379.Z dated ... J.u.13.. 2.8. .......... , 19.7.7., was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is . .. F.ar~. B.uild;~r~ .......................... : .......................... The certificate is issued to ..... Thomas..&. At%d.~'e. Cy. bu-].$ki ........................ (owner, ]~ of the aforesaid building. Suffolk County Department of Health Approval N/R UNDERWRITERS CERTIFICATE No ..... ~I3.7.2J~.~ ................................ HOUSE NUMBER .... /~.505 ...... Street ..... .D.~p.o.~..I~.I~.e. ........................ C~tc~og~e, Building Inspector FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy No. Z14331 Date ........ April 2 ................. · ........................ 19...86 THIS CERTIFIES that the building ................... .~.c.c.e.s..s.o?.y. .................. Location of Property ...4.5..0.5 ......... Depot Lane Cutchogue House No. ' ............. County Tax Map No. 1000 Section . . .q9.~ ...... Block ..... 0..5 ........ Lot 001.2 Subdivision ........... X. ................... Filed Map No ......... Lot No .............. conforms substantially to the Application for Building Permit heretofore fried in this office dated November 20 19 .8.2 pursuant to which Building Permit No. 12063Z dated ............................December 9 19 .8.2. , 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 ......... ........ Acricultural Storage Build.ing ........... The certificate isissued to CYBULSKI, THOMAS & A.NDRE ..................... io¥,,'~;, 't;ff~'~i~ ..................... of the aforesaid building. Suffolk County Department of Health Approval N/R UNDERWRITERS CERTIFICATE NO ............ N/R ............... Building Inspector~ Rev. 1/81 NO. & TOWN OF $OUTHOLD BUH.rIING DEPARTMENT Town Clerk'a Office $outhold, N. Y. Certificnte Of Occupnncy No...z. 7773 .... Date .............. .J.u.l. lr...2.6. .... , 19..7.7. THIS CERTIFIES that the building located at ¥//.~..D.~ppt...L~. ............. Street Map No..xx. .......... Block No...x~. ....... Lot No.. X.X....C.~lt;cl~ho.g~..e .............. conforms substantially to the Application for Building Permit heretofore filed in this office dated ............l~lar...2b~.., 19.76. pursuant to which Building Permit No...8..~-..6.Z. dated ...........Ha.l'...2~ .... , 19.?.6., was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is ... Farm. l~uildlng..(s.~orage) ......................................... The certificate is issued to . .~..d?.e..&. ?.h. qs....C.y.b..u,]...s.k .i ..... .O~ro...e.r.s. ................. (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval . .N. :R.' .............................. UNDERWRITERS CERTIFICATE No...N. 3.~.2.2.~.~ ..... 4.uP..e. .~.6...~.77.7. ............. HOUSE NUMBER .......... b~DSStreet Depo.t; .Lane ..........C.~;¢~.o.§~t~ .......... Bmld~ng Inspecto~ COflSil,! YO.I LAWYB("..~.~__ ~ TliS INSTIIUME~--I'.II INSCI, SHOUiO Ii lalO IY LAWYilS OilY. Tills ]ND~ m~de th, ?th c~ ot lj~ t 503 , n~neteen hundred ~d Seventy-~ee ,,IITDR.E~ CYBUL~KI and SOPHIE CYBUL~KI, his wife, both .. residing ak (no number) Depot Lane, Outchogue, New York 11955 (no number) Midwood Road, ak (no number) Depot Lane, Cutchogue, party of the second part, ~tl'l-l~-~--l'l~ that the party of the first part, in consideration of 0N~ ~Ild 00/100 ......................... ($1.00)---; ................... U-dollars, . ~v~ money of the United States, aZlB. other good and valuable conside~a~ion paid by the party of the second part, does hereby grant and release unto the party of the second pan, the heirs or successors and a~signs of the party of the second part forever, AI~ that c~rt.ain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the ~own Of Southo'l.d~ ak C, utohol~'u.e~ (~ou_n'~r of BRffo~k 8.Rd - Bta~e of New York, bounded -n~ dsscribed as follow~:- ]~EG~N~ at a poin~ on the ~.a~;~cly line of the prencLaen her~J.= described at the Eouthwest cozier of othe~ 3.nude of the p~.~ty of the £ira~; pa~'-t~ ~ the Xo~hwest oor=er of land of ~anoia B. H¢0nffex~' anid po~ beiz~ Bough ~2o l~' 00" Wes~ 3.87.03. feet f~om ~.~e Wes~er3.y 'lLue of Depot T,s.u~ wi:~¢h point marks the aoutheaster3.;y ¢o~ne~ of said the~e ~o~ s~d l~n~ of G~o~ ~d 1-~ of the ~ of ~he first p~' South }8® 1}' }0" E~t ~ feet to the point or place 7463 Page "2" TOGET~ with a Right-of-Way 15 feet in width for access between ~said premis-es~ and' Depot Lane, said premises z~,~njn~ ~lond the Northerly bou~ax~y of said other lands of the party of the first part adjoining lauds of Gruhoski; ~ ' ~. - ~ ~ o ~. ~--~ ~.~" TO~.I I~,R with Idl right, title and interest, if any, of the l~rty of the fir~ p~t in and to ro~ls abutting the ~ove described premises to the center lines thereof, TOC~I'I.IIT~ with the appurtenances and ~11 the estate ~nd rights of the party of the first part in and to ~id premi~-.~ TO HA~'~ AI~D TO HOLi) the premises herein granted unto the party of the second pa~t, the heirs or successors and assigns of the party o{ the'second part forever. AIgD the p~rty of the first part covenants that the party of the first part ha~ not done or suffered anything whereby the said premises have been incumbered in any w~y whatever, except ~s aforesaid. ~ the party of the first part, in eompli~nce with Section 13 of the Lien Law, eovemxnt~ tlmt the party of the first ~ will receive the consideration for this conveyance and will hold the right to r~.ive such consid- eration as a trust fund to he applied first for the purpose of paying the cost of the improvement and will ~4~ply the same first to the payment of the cost of the improvement before using any part of the to~l of the same for ~ny other purpose. The word "p~'ty" shall he construed as if it read "parties" whenever the sense of this indemure ~o reqaires. writien. Sophie Cyb~i~ ~s ~fe,] .. Qaalifi~ in Suffolk Coun~ ~. 5~4~59000 ~erm Expires M~ch 30, 197~ /] ~ - On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. ; that he is the of in and which executed the foregning instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such coq~orste seal; that it was so ..a.~'LXed by order of the board of directors of said corpora- tion, ~d that he si&ned h name thereto by like order. s'rAT! Of NIW YORK. COUNTY Of On the day of 19 , before me personally omc to me known, who, being by me duly sworn, did depose and say that he resides at No. that he is the of · the corporation descn'hed in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal a~Fnr~ to said instrument is such corpors~e seal; that it~wa~ so a.E'Lxed by order ,of the board of directors of said corpom- tion, and that he signed h _-amc thereto by r, ke n' ain balt WITH COVENANT AGAINST GRANTOR'S ACTS TIT~ 8 NO. ~ CYB~I & SO~IE CYB~I, his wife, ~ J. ~I & ~0~ J. C~I THE TITLE GU/IP~.N'TEE COMP,4.N'Y BLOCK LOT COI,~qTY O1~ TOWN BY MAIL Wickham & Lark, p.c. Main Road - Box 1~2~ Mattituck, New York ~pl~2 QUESTIO:~NAIRE TO BE COMPLETED AND SUB~ITTED YOUR APPLICATION FOi~,iS TO TIlE BOARD ~)F A[~PEALS Please complete, sign and return t~ the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to!depict these areas on your survey (or certified sketch), to scale, and submit other supporting documenta- tion " 1. Are there any proposals to change or alter land contours? Yes ~ 2.a)Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference.) Yes ~ b)Are there any areas open to a waterway without bulkhead? Yes 3. Are there existing structures at or below ground level, such as patios, foundations, etc? /~Yes~ No Are there any existing or proposed~c~ cDncrete 4. barriers, decks, etc? Ye~ No 5. If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground--~l? State total: ft. ~/~ Yes No m 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. Are there any building permits pending on this parcel (or abutting land under your ownership, if any)? State Permit # and Nature: Yes Yes ~'~ Yes ~ Do state whether or not applications arc. pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning Board Town Board Town Trustees County Health Department Village of Greenport N.Y.S.D.E.C. Other Yes ~ Yes ~ Yes ~3 Yes 6~ Yes ~ Yes <~ Yes 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from contract) Yes 11. Is new construction proposed in the area of contours at 5 feet or less as exists? Yes 12. If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have you made app%ication to the Town Trustees for an inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? ~/~ Yes No 13. Please list present use or operations conducted upon the subject propert~ at this time ~-Z~G .~- and proposed ~K~/~ ~ ~c~7-~/-- ~_,~3~ Please submit photographs for the record. I certify that the above statements are true and are being submitted reliance by the Board of Appeals in considering my application· S~gnature' (~ropert~Owner) (Aut~orizeo Agent) for 1/88 Bo WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 hy L.L. NO. 6-1985J'. A. TIDAL WETLANDs: (1) All land.~ generally cover,,d or iotcrmittently coy. ered with, or which bord~,r on, tidal waU~rs, or lands lying beneath ti(la] waters, which at mean Iow ti~le are covered by tidal water~ to a maximam depth of five (5) feet. including but not limited to banks, bo~s, salt marsh, swarni~s, men ows, flats or other low lying lands subject to tidal action: (2) All banks, bogs, meadows, fiats and tidal marsh subject to such tides and upon which grows or may grow some or any of tl~e following: salt hay, black grass, saltworts, sca lavender, tall cord~rass, high bush, cattails, groundsel, marshmallow and march eordgrass; ami/or (3] All land immediately adjacent to a tidal wetland as defined in Subsection Ai~) and lying within seven- ty-five (75) feet landward of the most landward edge of such a ti(iai wetland. FRESIiWATER WETLANI)S: (1) ~Freshwater wetlands" as defined in Article 2,i, Ti- tle 1, § 2'1-0107, Subdivisions l(a) to l(d) inclusive, of the Environmental Conservation Law of the State of Hew York; and (2) All land immediately adjacent to o"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 "h'esh we~ter wetland." 9705 3 350