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HomeMy WebLinkAbout3739 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ,~C3C7, T J. DCU~L;.SS JOSEPH H, SAWlCKI James Dinizio, dr, Southold Town Board of Appeals MAIN ROAD- BTATE ROAD 25 ¢:OUTHOLD, L.I., N.Y. llCJ?l TELEPHONE (516) 765-1809 ACTION OF THE BOARD OF APPEALS Upon application of JOHN T. BEEBE for Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area and width of two proposed parcels in a proposed set-off division, located along Beebe Drive, Cutchogue, NY; County Tax Map Parcel No. 1000-103-3-part of Lot 5. WHEREAS, a public hearing was held and concluded on October 6, 1988 in the Matter of the Application of JOHN T. BEEBE under Appeal No. 3739; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located in the Residential and Agricultural Zoning District and is identified on the Suffolk County Tax Maps as District 1000, Section 103, Block 3, Lot 5. 2. The subject premises contains a total lot area of 97,035+- square feet and is presently improved with two single-family dwellings and garage structures, all as shown on the Survey Map prepared by Roderick VanTuyl, P.C. amended August 19, 1986. Pa~ge 2°- Appeal No. 3739 , Ma~ter of JOHN T. BEEBE Decision Rendered October 6, 1988 3. By this application, appellant requests approval of the insufficient lot area of proposed Parcel No. 1 of 48,855 sq. ft. with frontage along Beebe Drive of 128+- feet, and of proposed Parcel No. 2 of 48,180 +- square feet with frontage along Beebe Drive of 136 feet. 4. Article III, Section 100-31, Bulk Schedule, of the Zoning Code requires a minimum lot area of 80,000 sq. ft. (eff. 5/83) and lot width of 175 feet. 5. Article III, Section 100-31 also excepted those lots having a lot area of less than 80,000 sq. ft. that were "held in single and separate ownership prior to November 1971, and thereafter," or were approved by the Planning Board prior to May, 20, 1983. Reference is made to the Moose Cove subdivision Map approved by the Planning Board dividing 38.12-acres. The subject parcel is located to the north of Subdivision Lot 53 and north of Beebe Drive and Lot No. 33, and the subdivision consists of lots with an approved lot area of approximately 40,000 sq. ft. 6. For the record it is noted that a Certificate of Nonconforming Premises was issued August 23, 1988 under No. Z17215 certifying that the buildings exists prior to the effective date of the Zoning Code (and amendments). e and determines: (a) the practical difficulties claimed are sufficient to warrant a grant of this variance; (b) that the circumstances are unique to the property and are not shared by other properties in the neighborhood; (c) there will be no substantial change in the character of the neighborhood or detriment to adjoining properties; (d) that there will be no increase in density since the dwellings are existing with one proposed for each lot, and no additional dwellings will be constructed; (e) the relief requested is substantial in relation to the current lot size requirement; (f) that the difficulties cannot be obviated by some method feasible for appellants to pursue, other than a variance; (g) that the relief requested is the minimal necessary under the circumstances; (h) that in view of the manner in which the difficulties arose and in considering all the above factors, interests of noted below. In considering this application, the Board also finds the justice will be served by granting a variance, as Accordingly, on motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, to GRANT the relief as requested under Appeal No. 3739 in the Matter of the Application for JOH~ T. BEEBE. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Doyen. (Member Sawicki was absent due to serious family illness. Member Dinizio abstained. ) RECEIVED AND FILED BY THE SOUTHOLD TOWN DATE /~/~/~ HOUI~ ~_~ Town ~erk, To~ o[ APPEALS BOAR[3 MEMBERS GERARD P. GOEHRINGE~ CHAIRMAN CHARLES GRIGONIS, JR, SERGE DOYEN. JR. RO~RTJ.~CU~LASS JOSEPH R, SAWiCKI $outholcl Town Board of Appeals MAIN ROAD- STATE ROAD 25 SDUTHOLD, L.I., N.Y. 11971 TELEPHONE I516) 765-1809 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall, Main Road, Southold, NY 11971r on THURSDAY, OCTOBER 6, 1988 at the following times: 7:35 p.m. Appl. No. 3765 - JOSEPH SPITALIERE for a Variance to the Zoning Ordinance, Article III, Section 100-31 for the placement of a new dwelling structure with a reduced setback from the front property line. Location of Property: Right-of-way located along the east side of Cedar Beach Drive, Southold, (just south of General Wayne Inn) and extending in an easterly and thence southerly direction to this parcel identified on the Suffolk County Tax Maps as 1000-90-4-14. 7:40 p.m. Appl. No. 3768 FRANK AND SANDRA CUP, RAN for a Variance to the Zoning Ordinance, Article III, Section 100-31 for construction of a pool with deck and fence enclosure with an insufficient frontyard setback and excessive lot coverage (over Page 2 - Notice of Hearings ~ Regular Meeting of October 6, 1988 Southold Town Board of Appeals 20 percent), at premises known as 780 Haywaters Road, Cutchogue, NY; County Tax Map Parcel No. 1000-111-01-016. 7:45 p.m. Appl. No. 3763 - JOHN J. JESSUP for a Variance to the Zoning Ordinances Article III, Section 100-31 for construction of an addition at the westerly side of the existing dwelling with a reduction in the total sideyards, at premises known as 90 East Road, Cutchogue, NY; County Tax Map Parcel No. 1000-110-7-15. 7:50 p.m. Appl. No. 3759 - TONY SCARMATO~ INC. for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for approval of gazebo structure with an insufficient setback from an existing bulkhead along Peconic Bay, 235 Huckelberry Mill Road, East Marion, NY; Parcel No. 1000-31-16-9. at premises known County Tax Map 7:55 p.m. Appl. No. 3755SE - TIMOTHY COFFEY AND THE COVE AT SOUTHOLD~ INC. Special Exception to the Zoning Ordinance, Article III, Section 100-30C, for permission to erect Page 3 - Notice of Hearings Regular Meeting of October 6, 1988 Southold Town Board of Appeals off-premises sign. Location of Property: South Side of Main Road, Southold, NY; County Tax Map Parcel No. 1000-75-06-7.3. (Recessed from Prior Meeting). 8:00 p.m. Appl. No. 3758 - THEODORE KUDLINSKI~ JR. Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct open deck addition with an insufficient rearyard setback from existing dwelling, at premises known as 605 Highwood Road, "Highwood at Ba!rview" Subdivision Lot No. 8, Southold, NY; County Tax Map Parcel No. 1000-78-9-50. 8:05 p.m. ELSIE D. YOUNG. Appl. No. 3760SE Special Exception to the Zoning ordinance for permission to establish Accessory Apartment in an existing dwelling structure in accordance with the requirements of Article III, Section 100-30B, subsection 15. Location of Property: 480 Grissom Lane, Southold, NY; County Tax Map Parcel No. 1000-78-1-10.3. Appl. No. 3761-V - Variance to the Zoning Page 4 - Notice of Hearings Regular Meeting of October 6, 1988 Southold Town Board of Appeals Ordinance, Article III, Section 100-30B(15){M} to allow conversion of dwelling for Accessory Apartment with Certificate of Occupancy dated after January 1, 1984, although Affidavit of Building Inspecto= indicates dwelling met the requirements for a Certificate of Occupancy had application been made in a timely fashion. Location of Property: 480 Grissom Lane, Soutkold, NY; County Tax Map Parcel NO. 1000-78-01-10.3. - 8:15 p.m. JOHN_ T_~. BEEBE_ - Variances to the Zoning oposed set-off division of land, located along Beebe Drive, tchogue, NY; County Tax Map Parcel No. 1000-103-3~part of 5. 8:20 p.m. ROBERT AND DIANNA BAKER. Special Exception to the Zoning Ordinance, Article III, Section 100~30B(16) for permission to establish Bed and Breakfast establishment in an existing dwelling, at premises known as 2900 Boisseau Avenue, Southold, NY; County Tax Map Parcel No. 1000-55-6-9. Page 5 Notice of Hearings Regular Meeting of October 6, 1988 Southold Town Board of Appeals 8:30 p.m. Appl. No. 3779 - PETER AND DESPINA MARKOPOULOS for a Variance to the Zoning Ordinance, Article III, Section 100-31 and prior Appeal No. 3623 rendered May 11, 1987 for approval of structure(s) with reduced sideyards, at premises known as Lot ~16, Captain Kidd Estates, along the south side of Sound Beach Drive, Mattituck, NY; County Tax Map Parcel No. 1000-99-1-24. 8:40 p.m. Appl~. No. 3769SE - CUTCHOGUE FARMS LTD. (a/k/a GRISTINA VINEYARDS). Special Exception to the Zoning Ordinance, Article III, Section 100-30B for permission to establish Winery, at premises located along the north sid~ of the Main Road, Cutchogue, NY; County Tax Map Parcel NOo 1000-109-01-13. 8:50 p.m. Appl. the Zoning Ordinance, Section 100-119.1 for No. 3764 - DENIS O'BRIEN for Variances to Article III, Section 100-31 and Article XI, permission to erect tennis court with 10-ft. high fencing and gazebo structure in an area other than the required rearyard, at premises identified on the Suffolk County Tax Maps as District 1000, Section 3, Block 3, Lot 3.5, along Private Road, Fishers Island, NY. Page 6 - Notice of Hearings Regular Meeting oi October 6, 1988 Southold Town Board of Appeals 8:55 p.m. Appl. No. 3778 - BRETT AND JANET KEHL- Variance to the Zoning Ordinance, Article III, Section 100-32 and removal of Conditions rendered under Appeal No. 3641 on June 18, 1987 in order to allow conversion of the subject building as livable area in proposed reconstruction plan of dwelling, at premises known as 5500 Main Bayview Road, Southold, NY; County Tax Map Parcel ID No. 1000-78-4-32. 9:05 p.m. Appl. No. 3774SE - H & S ASSOCIATES Special Exception to the Zoning Code, Article VII, Section 100-70B for permission to construct addition to existing building, (maintaining the westerly yard setback)~for use partly for sales of auto parts, added storage, and engine-rebuilding shop, at premises located along the north side of the Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-102-2-24. 9:15 p.m. Appl. No. 3776 - HOWARD AND MARGARET BRODISo Special Exception to the Zoning Ordinance, Article III, Section 100-30B(15) for permission to establish Accessory Apartment in a proposed addition to existing dwelling, at premises known as 435 Eastward Ct., Mattituck, NY; County Tax Map Parcel No. 1000-115-7-9. Page 7 - Notice of Hearings Regular Meeting of October 6, 1988 Southold Town Board of Appeals The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted 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: September 16, 1988. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, C~AIRMAN By Linda Kowalski Notice to Newspapers: Please publish the above Legal Notice once, to wit, Thursday, September 29, 1988 and forward 11 Affidavits of Publication to: Beard of Appeals, Main Road, Seuthold, NY 11971. FORM NO, 3 TO$¥N OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTttOLD. N.Y. NOTICE OF DISAPPROVAL ~~ .... ¥...~.~.~:~. PLEASE TAKE NOTICE that your application dated...~.~....~'-:~...~..9 ..... , 19..o°.~.. co~ ~ ~o. ~0oo ~;~,o~ ...~.~.~ ..... . ~,o~2'~~..~.~ ..... ~~, ~/,..~c Subdivision .................. Filed, Map No ................. Lot No .................. is returned imrewith and disapproved on the following grounds .(~...'.r.,~....'~.. J..o.~ .-..&..o. ........ Building Inspector RV TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR VICTOR LESSARD TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. (We) ............ ; ................... of .!7. ...................................... Name of Appellant Street and Number ................. .C.,u...t..c.,,h. gg..u,.e, ............................................................. ~,~.,w.,,..Y,P.z..k,..HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: 9/04/86 FOR: P~mi~ ~o Se%-off WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) ( JOHN T. BEEBE Name of Applicant for permit of 1750 Beebe Drive Cutchogue New York Street and Number Municipality State PERMIT TO USE PERMIT FOR OsCe~cq_PoA~CY Tax 1. LOCATION Of THE PROPERTY ..B.e..e.P.e....D..r..i.,v..e.:....q.u..t.9..h.°..~u.,e .......................... .A,i.R..e..s..'./..A.~.r..: ........ Street and Hamlet ~ Zone ER S · JOHN T BEEBE ........ 1000 103 03 P/O 5 OWN ( ) ....... : ............. ........................................ .............. DATE PURCHASED. a.u.~u.s.%.~.~.~ ..... ~..~:~?~. 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 I , Section 106-20 Article III, Section 100-31 3. TYPE OF APPEAL Appeal is made herewith for DX) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection ;3 ( ) (XX) ( ) 4. PREVIOUS APPEAL A previous appeal ([m3~ (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal wes ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the re~son that we Would like to divide this 97,035 square-foot parcel with two houses and nwa garages on it into two separate parcels. Form ZB! (Continue on other side) t;~ ~,~f,i~~] REASON FOR APPEAL Continued 1. ~RICT ~PP1L~TION OF THE ORDINANCE would produce practicaJ difficulties or umneces- sory HARDSHIP becau~ this parcel which is set up for two separate families, would have to be kept in s~gle o~ership. Each lot already has a house~ garage and driveway. To keep this as one property when it is already essentially two lots is impractic~l~nd ~u~dens0me. 2. The hordsklp created is UNIQUE and is not shared by all prope~ies alike in the immediate vicinity of this prope~y and in this use district because this parcel is twice as-large as all the other properties ~o both sides of it along the ecsc side of Eugene's Creek. ~ 3. The Variance would obsewe the mirit of the O~inance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT becau~ dividing this parcel into' two lots, each of which would be larger than one acre, would only resnlt in the formation of two lots approximately the same size as their peighbors. Since there are already two houses, cwo gara-ges and driveways, nothing would change asa result of the division. It is not the intention of applicant no sell eithe~ parcel. This application ms being made for estate planning purposes. STATE OF NEW YORK ) ) COUNTY OF SUFFOLK ) jOt~H~ T. BEEBE Signature Sworn to this ..... ..2_0..t..h. ................................ day of...~.%,z,eh. .......................................... 19 87 Arlene B. LombardiN°t°r~ PubJic ARLENE D. LOM~3ARDI NOTARY PUbLiC, stere of ~ew York No. 7587450. Suffolk County Term ~oires Seot 30 1988 M, Bldg. Er<tension Foundation Basement Fire Place Pot~o pHvewoy Porch Both Floors Interior Finish Heo¢ Attic Rooms 1st FIo~ ).nd Floor TR/~ IL Town Hall, 53095 Main Road P.O. Box 1179 $outhold, New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD 12/22/88 NEGATIVE DECLARATION Pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review Act and 6NYCP, R part 617, Section 617, Section 617.10 and chapter 44 of the Code of the Town of Southold, notice is hereby given that Southold Town Planning Board, as lead agency for this unlisted action described below has determined that the project will not have a significant effect on the environment. DESCRIPTION OF ACTION The minor subdivision of John Beebe located on Beebe Drive at Cutchogue is for two lots on 97,035 sq. ft. SCTM 91000-103-3-5. The project has been determined not to have a significant effect on the environment for the following reasons: An environmental assessment has been submitted, reviewed and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. Because there has been no correspondence received from the Department of Health Services in the allotted time, it is assumed that there are no comments or objections from that agency. Because there has been no correspondence received from the New York State Department of Environmental Conservation in the allotted time, it is assumed that there are no comments or objections from that agency. Further information can be obtained by contacting Jill M. Thorp, Secretary Southold Town Planning Board, Main Road, Southold, NY 11971. Copies mailed to the following: Suffolk County Department of Health Services Suffolk county Planning Commission NYS Department of Environmental Conservation Thomas C. Jorling, DEC Commissioner Judith Terry, Town Clerk Building Department Board of Appeals Board of Trustees Applicant Planning Board Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: FROM: DATE: RE: Southold Town Board of Appeals Southold Town Planning Board~ October 4, 1988 H & S Associates, Robert and Diana Baker, John Beebe, Cutchogue Garms LTD. a/k/a Gristina Vineyard H & S Associates (Rienecker and Friemann) 1000-102-2-24 Please see correspondence to Mr. Friemann from Planning Board dated 10/4/88 which recommends that he pursue a Special Exception to expand a non-conforming use. Robert and Diana Baker 1000-55-6-9 The Planning Board has no jurisdiction ohn Beebe 1000-103-3-5 The Planning Board has no comments, however, would like to note that this is located within the approved subdivision Moose Cove at East Cutchogue, which contains predominantly half acre lots. Cutcho~ue Farms Ltd. a/k/a/ Gristina Vineyard 1000-109-1-13 The Planning Board finds the plan dated as amended 8/16/88 acceptable. Please see colored map submitted by the applicant which locates the existing vegetation to be supplemented with an evergreen buffer. LAW OFFICES WICKhAM. W;CKHaM & BrESSLER, main rOAD, P.O BOX ~424 MATTITUCK, LONG ISLAND NeW YOrk iI952 MORTGAGE OFFICE 516-298-5300 August 25, 1988 Southold Town Board of Appeals Town Hall Main Road Southold, New York 11971 Re: Application #3739-John Beebe Area Variance: 1000-103-3-5 Gentlemen: In response to your letter dated July 19, 1988, enclosed are copies of a Certificate of Occupancy, a Certificate of Pre-Existing Use, and an affidavit attesting to the dates of the nonconformities. Both houses were pre-existing, however, the Certificate of Occupancy, issued in 19~1, was for an addition to the northerly of the two (2) houses. If all is in order, please place this on the calendar for a public hearing. Very truly yours, Karen J. Stretz~ KJS:amm eric. FOI%M N'O. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. CERTIFICATE OF OCCUPANCY No. T-..11~* ............. Date .............. J~l;l~.l:ll~.....~1,.If. ............... , 19.~.. THIS CERTIFIES that the building located at ....W~.S.....J/Jee.he...Oz'~ll,~ .........................Street Map No.~ ....... ~ Block No...~:XJI:X ......... Lot No...,~:]ar.....t~l,t, oho~lle. .............................. conforms substantially to the Application for Building Permit heretofore filed in this office doted ...................... ~'lme.....l~ .......................... 1961... pursuant' to which Building Permit No...~[...~.~.0. dated ............... ~1'1i~e.....1.~. ................. , 19..6.1.., was issued, and conforms to all of the requirements of the applicable provisions of the Iow. The occupancy for which this certificate is issued is .......... .... .......................................................................................... This certificate is issued to .,T/JJtZt..]~O]/I~ ..................... ~ ......... '.. ............................................... (owner, lessee or tenant) of the aforesaid building. Building Inspector TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR TOWN HALL SOUTHOLD, NEW YORK CERTIFICATE OF OCCUPANCY NONCONFORMING PREMISES THIS IS TO CERTIFY that the Land Building(s) Use(s) located at 1750-1850 Beebe Drive Pre C.O. #- z17215 Date- August23, 1988 Cutchogue Street Hamlet shown on County tax map as District 1000, Section 103 , Block 03 , Lot 05 , does(not) conform to the present Building Zone Code of the Town of Southold for the following reasons: Non-conforming 2nd dwelling; accessory garage in front yard. On the basis of information presented to the Building Inspector's Office, it has been determined that the above nonconforming /-7 Land ~ Building(s) /-7 Use(s) existed on the effective date the present Building Zone Code of the Town of Southold, and may be continued pursuant to and subject to the applicable provisions of said Code. IT IS FURTHER CERTIFIED that, based upon information presented to the Building Inspector's Office, the occupancy and use for which this Certificate is issued is as follows: Property contains 2 one family, one story wood framed dwellings; one wit~ an attached garage. Permit #1450 C.O. Z1164 an accessory garage; all situated in A-Residential Agricultural zone, with access to Beebo Drive; a town maintained road. inspection has been conducted. This Certificate, and is not intended to certify that the premises applicable codes and regulations. The Certificate is issued to JOHN T. BEEBE (owner, of the aforesaid building. Suffolk County Department of Health Approval N/A UNDERWRITERS CERTIFICATE NO. N/A NOTICE IS HEREBY GIVEN that the owner of the above premises HAS NOT CONSENTED TO AN INSPECTION of the premises by the Building Inspec- tor to determine if the premises comply with all applicable codes and ordinances, othcr than the Buildi~,g Zon~ Code, and therefore, no such therefore, does not, comply with all other Building Inspector STATE OF NBW YORK) COUNTY OF SUI~FOLK) JOHN T. BEEBE, residing at 1750 Beebe Drive, Cutchogue, New York, being duly sworn, deposes and says: I. That he is the owner of the premises on the west side of Beebe Drive, Cutchogue, New York. 2. That on said premises are two (2) - one (1) story frame houses with porches and two (2) detached garages. 3. That said buildings were erected on said premises in 1949- 1950 and 1959 - 1960, and since then there have been no changes in the structures which would require a Certificate of Occupancy. 4. That deponent makes this affidavit in support of his application for a Certificate of Pre-existing Use for the buildings on the premises. JOH~T. BEEBE Sworn to before me this ./~/~' day of ~'.~ . 1988. N~T~A R Y PUBLIC WICKHANI, WICKHANI ~ BRESSLER, ~.¢. MAIN rOaD, P.O, BOX I424 MattltUCk, LONG ISLAND NEVV York 11952 516-298-8353 Southold Town Planning Board Town Hall Hain Road Southold, New York 11971 June 9, 1988 Re: Application for Minor Subdivision for John Beebe Gentlemen: Enclosed please find a copy of the petition to the Zoning Board of Appeals on the matter cited above. We received the returned application for the approval of a plat. If the Zoning Board of Appeals approves the variance, we will send a copy of the Zoning Board of Appeals approval, along with the plat applJcatlon and the fee for a Hinor Subdivision of two lots. Thank you for your help on this matter. Very truly ~ours, Karen J. Stretz KJS:amm eric. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. September 21, SERGE DOYEN, JR. JOSEPH H. SAWICKI TO: Southold Town Planning Board Mrs. Valerie Scopaz, Planner 1988 RE: Matters Involving P.B. October Calendars For your convenience below is a list of our upcoming applications, some of which have been reviewed by your office, (or will involve Planning Board jurisdiction) for subdivision or site plan projects. If you choose to submit written comments on any of these files, please transmit same to our office no later than October 5th. In the event that no response from you is received on or beforeOctober 5th, we will assume that you have no objection to the general layout of the project. H & S Associates 1000-102-2-24 (B-1 Zone Addition, etc.) Robert and Diana Baker 1000-55-6-9 (Bed & Breakfast-see 100-30B for site-plan review) /John Beebe 1000-103-3-5 (Subdivision) Cutchogue Farms Ltd. a/k/a Gristina Vineyard 1000-109-1-13, 1000-101-2-8 (Winery Proposal). (We understand that maps were previously submitted to you. Please feel free to review our file at any time if necessary for your response to this coordination.) lk APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH B. SAWlCKI Southold Town Board of Appeals MAIN ROAD-STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 July 19, 1988 Karen J. Stretz, Esq. Wickham, Wickham & Bressler, Main Road, Box 1424 Mattituck, NY 11952 P.Co Re: Appl. No. 3739 - John Beebe Area Variance: 1000-103-3-005 Dear Ms. Stretz: This letter will confirm that the Board Members have reviewed the above application and have requested that the following information be submitted before this matter is advertised for a public hearing: 1. Please confirm the uses of all structures upon the parcel as exists; 2. Please provide us: (a) with copies of any and all Certificates of Occupancy and Pre-CO's, of record, for informational purposes; (b) with copies of Affidavit attesting to dates of creation and description of each nonconformity. The file is expected to be deemed complete for processing upon receipt of the above items. Please keep us advised of developments. Yours very truly, GERARD P. GOEHRINGER CHAIRM3~N By Linda Kowalski TOWN OF SOUTHOLD ZONING BOARD OF APPEALS REGULAR HEARING OF THURSDAY, OCTOBER 6, 1988 Appl. NO.: 3739 Applicant(s): JOHN T. BEEBE Location of Property: Beebe Drive, Cutchogue Tax Map ID No.: 1000- October 6, 1988 Regular Meeting Present were: Chairman Gerard P. Goehringer; Member Charles Grigonis, Jr.; Member Serge Doyen, Jr.; Member James Dinizio, Jr. Absent was: Member Sawicki (due to serious family illness). Also present were: Board Assistant Linda Kowalski, and approximately 40 persons in the audience. The Chairman read the Legal Notice for this hearing, as published in the suffolk Times and L.I. Traveler-Watchman, Inc. CHAIRMAN GOEHRINGER: I have a copy of a survey dated amended August 19, 1986 indicating parcel one at 48,855 square feet with a one-family dwelling on it and parcel two of 48,180 square feet with a one-family dwelling on it. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Ms. Wickham would you like to be heard on this par- ticular application? MS. WICKHAM: Thank you. On behalf of the applicant, I'd just like to say that since we do have two existing houses on two lots, it seems only sensible that we ask that they be divided. In terms of... For the Board's information on the other proceedings, we do have a permit from the D.E.C. The Health Department application is pend- ing. And if Fou have any questions, perhaps Mr. Beebe or I could answer them for you. CHAIRMAN GOEHRINGER: I just wish they were all this easy. MS. WICKHAM: · I should add, Mr. Beebe just told me the only reason he didn't divide them earlier. He thought the second lot in 1959 or '60, somebody in the town told him it was cheaper tax wise to keep them together and now it's costing him a lot more. CHAIRMAN GOEHRINGER: Is there anybody else who would like to speak in favor of this application? Anybody like to speak against the ap- plication? Questions from Board members? I wish I could change that boiler plate but there's no other way to change. Hearing no further questions, I'll make a motion closing the hearing reserving decision until later. Ail in favor - AYE. ,, '~_~~~ f App Southold Town Board o eals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI James D~n~z~o, dr. October 19, 1988 Abigail A. Wickham, Esq. Wickham, Wickham & Bressler, P.C. Main Road, Box 1424 Mattituck, NY 11952 Re: Appeal No. 3739 - John T. Beebe Dear Gail: Transmitted herewith for your information and file is a copy of the response received from the Suffolk County Department of Planning in accordance with our referral under the Suffolk County Administrative Code requirements. Yours very truly, Enclosure GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE 360-5206 LEE E. KOPPELMAN DIRECTOR OF I~LANNING October 14, 1988 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) ~ohn T. Beebe Joseph Spitaliere H & S Associates 3739 3765 3774 Very truly yours, Lee E. Koppelman Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner VETERANS MEMORIAL HIGHWAY HAUPPAUGE. L.I., NEW YORK 117B8 Pa'ge 2'~- Appeal No. 3~9 Matter of JOHN T. BEw Decision Rendered Ocfi'6ber 6, 1988 3. By this application, appellant requests approval of the insufficient lot area of proposed Parcel No. 1 of 48,855 sq. ft. with frontage along Beebe Drive of 128+- feet, and of proposed Parcel No. 2 of 48,180 +- square feet with frontage along Beebe Drive of 136 feet. 4. Article III, Section 100-31, Bulk Schedule, of the Zoning Code requires a minimum lot area of 80,000 sq. ft. (eff. 5/83) and lot width of 175 feet. 5. Article III, Section 100-31 also excepted those lots having a lot area of less than 80,000 sq. ft. that were "held in single and separate ownership prior to November 1971, and thereafter," or were approved by the Planning Board prior to May, 20, 1983. Reference is made to the Moose Cove subdivision Map approved by the Planning Board dividing 38.12-acres. The subject parcel is located to the north of Subdivision Lot 53 and north of Beebe Drive and Lot No. 33, and the subdivision consists of lots with an approved lot area of approximately 40,000 sq. ft. 6. For the record it is noted that a Certificate of Nonconforming Premises was issued August 23, 1988 under No. Z17215 certifying that the buildings exists prior to the effective date of the Zoning Code (and amendments). 7. In considering this application, the Board also finds and determines: (a) the practical difficulties claimed are sufficient to warrant a grant of this variance; (b) that the circumstances are unique to the property and are not shared by other properties in the neighborhood; (c) there will be no substantial change in the character of the neighborhood or detriment to adjoining properties; (d) that there will be no increase in density since the dwellings are existing with one t RECEIVED A , ND FILED BY THE SC,,JTiiOLD TOWN C *LEP~K [ DATE . ' HOUR - ~ .,er~, Town o~ ~ -f/.- Southold Town Board of Appeals MAIN RnAD- BTATE RnAD 25 SnUTHE]LD, L.I., N.Y. 1~19'71 TELEPHONE (516) 765-1809 XX APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI James Dinizio, Jr. Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southo]d, New York, hereby refers the following to the Suffolk County Planning Commission: Variance from the Zoning Code, ArticleIIi , SectionlO0-31 Bulk Variance from Determination Special Exception, Article Special Permit of South61d Town Building , Section Schedule Inspector Appeal No.:3739 Applicant: Location of Affected Land: County Tax Map Item No.: Within XX John T. Beebe ~eebe Drive, Cutchogue, NY 1000- 103-3- p/o 5 500 feet of: TOwn or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area Land or Existing or Owned by the Lines, Within Within Proposed Right-of Way of Any Stream or Drainage Channel County or for Which The County Has Established Channel One Mile of a Nuclear Power Plant One Mile of An Airport. apprgva~ of requesting [kex~gd~kg~ ~k~t area and in a proposed snt-off division. COMMENTS: Applicant is ~idth of two proposed parcels Copies of Town file and related documents enclosed for your review. Dated: October 13, 1988 Southold Town Board of Appeals MAIN ROAD- BTATE ROAD 25 SOUTHOLD, L.I., N.Y. ]197] APPEALS BOARD MEMBERS October 6, TELEPHONE(516) 765-1809 1988 GERARD P. GOEHRINGER, CHAIRMAN S .E .Q .R .A. CHARLES GRIGONIS, JR. SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION · 2,~E:-.~T J. DCU~LA,~3 JOSEPH H. SAWICKI Notice of Determination of Non-Significanc~ APPEAL NO.: 3739 PROJECT NAME: JOEN T. BEEBE 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: IX] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION:Approval of insufficient area and width of two parcels in this proposed set-off division of land LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly knQwn as: Beebe Drive, CutchQgue, NY · 103-3-p/o 5 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) This is a lot-line variance as regulated by Section 617.13, NYCRR. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel 516- 765-1809 or 1802. ' ' ' Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. mc NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEAL at a Regular Meeting at the Southold Town Hall, Main Road, Southo~d, NY 11971, on THURSDAY, OCTOBER 6, 1988, at the following times: 7:35 p.m. Appl. No. 3765-- JOSEPH SPITALIERE for a Variance to the Zoning Ordi- nance, Article 111, Section 100-31 for the placement of a new dwelling structure with a re- duced setback from the front property line. Location of Pro- perty: Right-of-way located along the east side of Cedar Beach Drive, Southold, (just south of General Wayne Inn) and extending in an easterly and thence southerly direction to this parcel identified on the Suffolk County Tax Maps as 1000-90-4-14. 7:40 p.m. Appl. No. 3768-- FRANK AND SANDRA CUR- RAN for a Variance to the Zon- ing Ordinance, Article Ill, Sec- tion 100-31 for construction of a pool with deck and fence en- closure with an insufficient frontyard setback and excessive lot coverage (over 20 percent), at premises known as 780 Hay- waters Road, Cutchogue, NY; County Tax Map Parcel No: 1000-111-01-016. 7:45 p.m. Appl. No. 3763-- ~ for a Vari- ance to the Zoning Ordinance, Article III, Section 100-31 for construction of an addition at the westerly side of the existing dwelling with a reduction in the total sideyards, at premises known as 90 East Road, Cutch- ogue, NY; County Tax Map Par- cel No. 1000-110-7-15. 7:50 p.m. Appl. No. 3759-- TONY SCARMAiO. IN(~ for a Variance to the Zoning Ordi- nance, Article XI, Section 100-119.2 for approval of gazebo structure with an insufficien~ [ setback from an existing bulk- head along Peconic Bay, at pre- mises known as 235 Huckelberry Mill Road, East Marion, NY; County Tax Map Parcel No. 1000-31-16-9. 7:55 p.m. AppL No. 3755SE --TIMOTHY COFFEY AND THE COVE AT SOUTHOLD, INC. Special Exception to the Zoning Ordinance, Article IH, Section 100-30C, for permission to erect off-premises sign. Loca- tion of Property: South Side of Main Road, Southold, NY; County Tax Map Parcel No. 1000-75-06-7.3. (Recessed from Prior Meeting). 8:00 Appl. No 3758-- JR. Variance to the Zoning Ordinance, Article Ill, Section 100-31 for permission to con- struct open deck addition with an insufficient rearyard setback from existing dwelling, at pre- mises known as 605 Highwood Road, "Highwood at Bayview" Subdivision Lot No. Southold, NY; County Tax Map Parcel No. 1000-78-9-50. 8:05 p.m. ELSIE D. YOUNG· Appl. No. 3760SE--Special Exception to the Zoning Ordi- nance for permission to estab- lish Accessory Apartment in an existing dwelling structure in ac- cordance with the requirements of Article 111, Section 100-30B, subsection 15. Location of Pro- - perry: 480 Grisson Lane, Southold, NY; County Tax Map Parcel No. 1000-78-1-10.3. Appl. No. 3761-V--Varian~:e to the Zoning Ordinance, Arti- cle 111, Section 100-30B(15)[M] to allow conversion of dwelling for Accessory Apartment with Certificate of Occupancy dated after January 1, 1984, although Affidavit of Building Inspector indicates dwelling met the requirements for a Certificate of Occupancy had application been made in a timely fashion. Location of Property: 480 Gris- son Lane, Southold, NY; Coun- ty Tax Map Parcel No. i 1000-78-01-10.3. ~ 8:15p. m. JOHNT. BEEBE--~ Variances to the Zoning Ordi-L/ nance, Article III, Section/ 100-31 for approval of insuffi- I cient area and width of two pro- · posed parcels in this proposed set-off division of land, located along Beebe Drive, Cutchc/gue, NY; County..Tax~Map Pare. et No. ~000q03-3-part of Lot 5. 8:20 p.m. ROBERT AND DI-~' ~. Special Excep- tion to the Zoning Ordinance, Article Ill, Section 100-30B(16) for permission to establish Bed and Breakfast establishment in an existing dwelling, at premises known as 2900 Boisseau Ave- hUe, Southold, NY; County Tax Map Parcel No. 1000-55-6-9. 8:30 p.m. Appl. No. 3779-- PETER AND DESPINA MAR- . KOPOULOS for a Variance to the Zoning Ordinance, Article 111, Section 100-31 and prior Appeal No. 3623 rendered May I1, 1987 for approval of struc- ture(s) with redueed sideyards, at premises known as Lot #16, Captain Kidd Estates, along the south side of Sound Beach Drive., Mattituck, NY; County Tax Map Parcel No. 1000-99-1-24. 8:40 p.m. No. 3 7 6 9 S E -- U T.~a.~...~C,.tJ_Q~ · k/a RI - ~. Special Exception to the Zoning Ordi- nance, Article Ill, Section 100-30B for permission to estab~ lish Winery, at premises located along the north side of the Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-109-01-13. 8:50 p.m. Appl. No. 37i,4 - DENIS O'BRIEN for Variances to the Zoning Ordinance, Arti- cle 111, Section 100-31 and Ar- ticle XI, Section 100-119.1 for permission to erect tennis court with 10-fL high fencing and gazebo structure in an area other than the required rearyard, at premises identified on the Suf- folk County Tax Maps as Dis- trict I000, Section 3, Block 3, Lot 3 5 along Private Road,~ Fishers Island, NY. 8:55 p.m. Appl. No. 3778~ ,B?~TT AND.JANET KEHL-- Variance to the Zoning Ordi- nance, Article III, Section 100-32 and removal of Condi- tions rendered under Appeal No. 3641 on June 18, 1987 in order to allow conversion of the subject building as livable area in proposed reconstruction plan of dwelling, at premises known as 5500 Main Bayview Road, Southold, NY; County Tax Map Parcel ID No. 1000-78-4-32. 9:05 p.m. Appl. No. 3774SE--~ Special Exception to the Zoning l Code, Article Vll, Section , 100-70B for permission to con- struct addition to existin~q'~ building, (maintaining the west- · I erly yard setback) for ~se part- ly for sales of auto parts, added storage, and engine-rebuilding shop, at premises located along the north side of the Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-102-2-24. 9:15 p.m. Appl. No~ 3776-- HOWARD'AND MARGARET BRODIS. Special Exception to the Zoning Ordinance, Article Ill, Section 100-30B(15) for per- mission to establish Accessory Apartment in a proposed addi- tion to existing dwelling, at pre- mises known as 435 Eastward Ct., Mattituck, NY; County Tax Map Parcel No. 1000-115-7-9. 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 al- lotted. For more information, please call 765-1809. Dated: September 16, 1988. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN By Linda Kowalski IX, 9/29/88 (50) OCOUNTY OF SUFFOLK STATE OF NEW YORK SS: Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ....................... /.... weeks successively, commencing on the ........... .~..?..z~. ..... Sworn to before me this c'~c') ~ ...... day of 19 ~'~ Notary Pi:fblic ~ ~r~ \V. r, OERGE$$ON Main Road, Southold, NY; [ south side ol ~ouna ~eacn ,?gal Notices NOTICE OF HEARINGS NOTICE IS H.~_EEY'GIVEN, ~ursuant to Sec~, 267 o~ the Town .aw and thc Code of the Town of ;outhold, the following heatings will ~ at a Regt;lar deering at the Southold Town H~B1, .tala Road, Southold, NY 11971, HURSDAY. OCTOBER 6_ ~e following times: 7:35 p.m. AppL No. 3765 -- ~ for ,a Variance cation 100-31 for the placement of ~w dwelling muctme with a reduced =~ack from the front prope~y line. oe~sao~ of Property: Pdghi-uf-w*y ~catad along the east sade of (~edar each Drive, Southold, (just south of ;enetal Wayne Inn) and ext~ad~ng,in a easterly and thence southerly imctinn to this parcel identified on ~e Suffolk County Tax Maps as ~00-90-4-14. ' 7:40 p.m. Appl. No. 3768 RANK AND SANDRA CURRA]~ >r n Variance to the ~ing ordi~ mca, Article I~ S~-.tion 100-31 for instruction ofa ~ with deck and onward setback and excessive lot ~verage (over 20 percent}, at remises known ns 780 Haywaters oad, Cutchogue, NY= County T~x Iap Panini No. 1000-111-01-016. 7:45 p.m. AppL No. 3763 )HN I. JESSUp for a Variance to ~e Zoning Ordinance, Article HI, action 100-31 for constmction'~f an ci~l Exception to thc Zoning Ordi- nance, Article for pannissinn ~ off-premlses sign. Location ~Pmperty: South Side of Main Road, Southold; NY; County Tax Map Parcel No. 1000- 75-06-7.3 (Recessed from Prior Meeting). 8:00 p.m. AppL No. 3758 -~ THEODORE KUDLINSKL Variance to thc Zoning Ordinance, A.rti.cle Fo, Sec~on 100-31 for per. m~ss]on to construct epen deck addi- tion with an insufficient rearyard set- back from existing dwelling, at premises known a~ 605 H~ghwood Road, "Highwood at Bayview" Suhdivisaon Lot No. 8, Soothold, NY; Cotmty Tax ]Vial) Parcel No. 1000-78-9-50. Al)pl. No. 3760SE -- Special Excep~on to the Zoning Ordinance for parmissaon to estabEsh Aceessop/ Apartment in an existing dwelling smtctnrc in accordance with the quirementa of Article HI, Section 1QO-30E, subsee~on 15. Location Property: 480 Orissom Lane, Southold, NY; County Tax Map: Parcel No. I000-78-1-10,3. Appl. No, 3761-V- .Variance to the Zoning Ordinance, Article HI, Section 100-30B(15)iM} to allow conversion of dwelling for Accessory Apattxne~t with Certificate of Occu- pancy dated after Sanuap/1, 1984, al- though Af~lav~t of Buildin8 Inspeoor indicates dweEing met the quirementa for a Certificate of Occu- pancy had applicatien b~en made in a timely fashion. Location of Propa~y: 480 Grissom Lane, ~outhold, N~; County Tax Map Parcel ~o- 1000- Map Parcel No. 1000-55-6-9. ~ for a Variance to~[~ Z~ing Ordinance, Atlicle IT/, Sectie 100-31 and prior Appeal No. 3623 rendered May 11, 1987 for approval 'of ~mctur~(s) with reduced sadeynrds, at premises known as Lot #16, Captain Kidd Estates, along south side of Sound Beach Drive, Mattituck, NY; County Tax Map Parcel No. 1000-99-1-24= ~ufficient setback from an existing dkhead along Peconin Bay, at =rinses known as 235 Huckelbeny iH Road, East Marion, NY; County ~x Map Parcel No. 1000-31-16-9. 7:55 p.m. Appl. No. 3755SE .- MOTHY COFFEY AND TH~ )VE AT SOUTIIOLD. /~(~ Spe- Exception to thc Zoning Ordinance A~e HI, Section 100-30B for par- mtss]on to establish Winery, at prenfi~e$ located along the north side of the Main Road, Cutchogue, NY: County Tax Map Parcel No. I000- 109-01-13.' 8:50 p.m. AppL No. 3764 -- ]Zl~[J.,~2~l~d~ for Variances to the ntento of Mattituck, In sworn, says that ha/she Is Principal 8:40 p.m. AppL No. 3769SE -- iK TIMES, a Weekly Newspaper, CUTCHOGUE FARMS LTl3. Ca/~/~f~ In the Town of Southold, County of GRISTINA VINEYARDS) Special ~eW York, and that the Notice of which ~ copy, has been regularl~ published in :e each week for 1 weeks racing on the 29 day of ldition at the westerly side of the 78-01-10.3. ~ proposed reconstruction plan of A~ting. ~w. ellin.g with a r~.duction in ~' 8:15 p.m. JOHN W. BEEB~ ---~ dwelling, at premises known as 5500 c^~t~o~aJstaeyams, at prenmes known "~Varianc~stothcZonin~Ordinane~- / MalnBayviewRoad. Southold, NY- ~a Esst Road, Cutcho ua, NY' s ,-~, ' g ' [~rticie HI Section 100 ~ ~- ~--' ( County Tax Map Parcel ID No. oonty Tax Map Parcel No. I000- / -' . . .' .... ' ...... P- M.~ 1000-78~ a~ 0-7 proval oi msmHcAent area and width ~'~' , . ' ' ! along Beeba Drive, Cutchn~ue NY: [ ' Cel~on to the Zoning Code, Article a~t.an .ce~to_th~ Zening Ordinance, I County Tax Map Parcel ~q~. '1~3~'- } VII, Section 100-70B for permission mct.e.¥aec?on 100-119.2f?rap--~.._ 103-3-partufLotS. ~.;to construct addition to existing oval el gazeoo structure wtth an ~" ~ -; b 8:20 p.m. ROBERT AND DI= ~ uilding. (maintaining the westerly ANNA BAKER, Special Exception t6 yard setback) for use partly fo~ sales the Zoning Ordinance, Article Il'l, of auto parts,~added storage, and eh- Section 100-30B(16) for permission gine-rcbuflding shop. at premises lo- to establish Eed and B re.~dast estab- cared along the no~h side of the Mare lishment in an existing dwelling, at Road, Cutchogue, NY; County Tax premises known as 2900 Boisseau Map Parcel No~1000-102-2-24. Avenue. Sonthcld. NY: County Tax 9:15 p.m. Appl. No. 37'/6 -- ~ HOWARD AND MARGARET ._ ' BRODIS, Special Exception to the Principal Clerk 1~--~ MARY K. DEGNAN NOTARY PUBLIC, State ,o,i New York Suffolk County r"rm Expires Fehruar~:>~/I9 Zoning Ordinance, Article RI, Section 100-31 and Article XI, Section 100- 119.1 for parmlssion to erect tennis /d'~court with 10-ft. high fencing and the required mav/ard, at premises identified ou the Suffolk Coumy Tax Maps as District 1~00, Section 3 Block 3, Lot 3,5, along Private Roa~ Fishers Island, NY. 8:55 p.m. AppL No. 3778 -- Variance to the Zoning Ordinance Article HI, Section 100-32 and re- moval of Conditions rendered under Appeal No. 3641 on June 18, 1987 subject boglding as livable area in 7-~dng Ordinance, AMCl¢ Ill. Section 100-30B(15) for permission to estab- lish Accessor'~ Apartment in a pro- posed addition to existing dwelling, at pre~tses kno~a as 435 Eastward Ct., Matt~tuck. NY; County Tax Map Parcel No. 1000-115~7-9, The Board of Appeals will at said time and place hear any and all per- sons or representatives desiring to be heard in each of the above matter~. By Linda Kowals[ Written comments may also be sub- 607t-ITS29 mitted prior to the conclusion of the subject hearing. Each hearing wiU not start before the time allotted. For more information, please call 76.5- 1809. Dated: September 16, 1988. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER, CHAIR. MAN APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 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. Your~ very truly, GOEHRINGER GERARD P. CHAIRMAN lk Copies to the following on or about 9/21/88: Mr. Joseph Spitaliere (picked up personally 9/21/88) Environment East, Inc. as Agent for Frank and Sandra Curran as Agent for John J. Jessup 3075 Indian Neck Lane Peconic, N~f 11958 J. Kevin McLaughlin, Esq. as Attorney for Tony Scarmato, Inc. 828 Front Street, Greenport, NY 11944 Mr. Wilbur Klatsky, The Cove at Southold, 5044 Expressway Drive South, Ronkonkoma, NY 11779 Mr. and Mrs. Alvan Terry, Box 35, Main Road, Peconic, NY 11958 Re: The Cove at Southold - Sign Mr. Theodore S. Kudlinski, Jr. 605 Highwood Road, Box 1052, Southold, NY 11971 Mrs. Elsie D. Young 480 Grisson Lane, Southold, NY 11971 ~/~igail A. Wickham, Esq. as Attorney for John T. Beebe Main Road, Box 1424, Southold, NY 11971 Mr. and Mrs. Robert Baker 2900 Boisseau Avenue, Southold, NY 11971 Mr. and Mrs. Peter Markopoulos 605 Sound Beach Drive, Mattituck, NY~1951 Richard F. Lark, Esq. as Attorney for Cutehogue Farms Ltd. Main Road, Box 973, Cutchogue, NY 11935 J. Kevin McLaughlin, Esq. for Petrol Stations Re: 828 Front Street, Box 803 Greenport, NY 11944 as Attorney Cutchogue Farms Ltd. Mr. Allan P. Shope as Architect for Denis O'Brien 18 West Putnam Avenue Greenwich, CT 06830 Mr. and Mrs. Brett Kehl 5500 Main Bayview Road Southold, NY 11971 Mail List continued for October 6, 1988 Legal Notice: H & S Associates P.O. Box 915 Cutchogue, NY 11935 Mr. and Mrs. Howard Brodis 435 Eastward Court Mattituck, NY 11952 Suffolk Times, Inc. Main Road Mattituck, NY 11952 L.I. Traveler-Watchman, Traveler Street Southold, NY 11971 Inc. Individual ZBA files ZBA Members Building Department (V. Lessard) Supervisor and T.B. Members Town Attorney Town Clerk Bulltin Board (west side) Z.B.A. Bulletin Board (east side) .JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: Southold Town Zoning Board of Appea. ls From: Judith T. Terry, Southold Town Clerk Dated: May 26, 1988 Transmitted herewith is Zoning Appeal No. 3739 John I~eebe Town Hall, $309S Main Road P.O. Box I 179 Southold, New York 11971 TELEPHONE (516) 765-1801 · application of 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 To Terry qnl~fhnh't 'r'n~n rl.r~ WICKHANI, WICKHAM & BRESSLEIR, P.c. MAIN ROAD, PO BOX ~4~4 MATTITUCK. LONG ISLAND NE~V YORK 11952 May 23, 1988 MORTGAGE OFFICE Southold Town Board of Appeals Town Hall Main Road Southold, NY 11971 Re: Application for Gentlemen: Enclosed set-off for John Beebe If you require any further information, please contact us as possible. are the following in connection with the above application: 1. Application in triplicate. 2. Notice of Disapproval from the Building Inspector. 3. Short Environmental Assessment form. 4. Original Notice to Adjoining Owner with Affidavit of Service thereon. 5. Four (4) prints of the survey. 6. Zoning Board of Appeals questionnaire. 7. Photographs of the property. 8. Check in the amount of $150.00 representing the application fee. Copies of Deeds. Authorization letter. as soon Very truly yours, Karen J.~StretZ~~ KJS/aas Enclosures mOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of : JOHN BEEBE : ,o the ao..d of ^ppea s of : NOTICE TO ADJACENT k~:,~...~ PROPERTY OWNER TO: Everet S. Bergen & Wife, Beebe Drive, Cutchogue, NY 11935 Town of 5outhold, Town Hall, Hain Road, $outhold, NY 11971 YOU ARE HEREBY GIVEN NOTICE: 1. Thal it is the inlention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (Otb_e:) [c£rcle choice] ). 2. Thal the property which is the subject of Ihe Petition is located adjacent to your property and is des- cribed as follows: property of John Beebe on Beebe Drive, Cutciiogue, New yore 11935 bounded N/Bergen~ E/Beebe Drive~ 5/Town of $outhold, and W/Eugene's Creek ' 3. That the property which is the subject of such Petition is located in the following zoning district: "A" Agricultural - Residential 4. That by such Petition, the undersigned will request the following relief: to di vi de hi s parcel containing two residences into two parcels, each containing a residence. $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare ,~"ticle 1 Sect~c~ lnA-~n ~_ Ar~;.I.. ii ~..-ti,~. lnn-31 [ ] Section 280-A, New York Town Law for approval of access over rtght(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting Ihe relief specified above will be filed in the Southold Town Clerk's Office at Main Road. Southoid, New York and you may then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffol~ Times and in the Long Island Traveler. Mattituck Watchman, ,newspapersi published in the Town of Southold an~ designated for the publication of such notices; that you o~ *your repres~tative have the Hlht to appear and bcd heard at such hearing. } Dated: Owners'Names: JOHN BEEBE Post Office Address c/o Wickham, Wickham & Bressler P,Q, Bqx 1424. M~in R°ad Mattltuck, New York 11952 (Tel. (516) 298-8353 ) ATTACKS RECEEIPT FOR C:EERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MA~L (See Reverse/ p 70'el~gq~8 316 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED (See Reverse) Street and No PO State and ZIP Code TOTAL Posta nd Fe STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: , bein~ duly sworn, depo~ and ~ys that on the ~ day of ~ ,19 ~ , deponent mailed a true copy of the Notice ve~ side hereof, directed lo each of the above-named ~rsons at the addres~ ~t opp~ite ~h~r name; that the addres~s ~t opposite the names of ~id persons are the address of said ~ns as ~own on the current assmsme~t roll of the Town of Southold; that ~id Noticm were mailed at the Unit~ Stat~ ?~t ~ffl~t~, ~,~- //~ ; that said Notic~ were mailed to each of ~id ~sons by Sworn to before me this day of ~ ,19 I~ootary Publi~~'/ (This side does not have to be completed on form transmitted to adjoining property owners.) March 4 , 1988 To Whom It May Concern: This letter is to confirm that Wickham, Wickham & Bressler, P.C. is authorized to act on my behalf for the subdivision of my property at Beebe Drive, Cutchogue, Suffolk County Tax Map # 1000-103-03-P/O 5, into two parcels, and is authorized to communicate with the Department of Environmental Conserva- tion, Suffolk County Department of Health Services, Zoning Board of Appeals of the Town of Southold and the $outhold Town Planning Board, and to do related acts necessary for the subdivision of said property. PART I S17,20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only Project Information ~To be comoleted bv A~)ohcant or Prolect s~onsor) JOHN BEEBE BEEBE Subdivision ,,~.,c,o,~,,~ Cutchoque co~.,~ Suffolk Applicant seeks to divide 97,000 square feet parcel into two lots with one house on each lot. No building, digging or other activity is proposed. Property is on Beebe Drive between Moose Trail and Fawn Lane. ~ ye, k=.o ,~od.,c,,~,,.,~ No. Applicant is seeking a variance from existing two acre zoning because parcel has been set up for two separate families for more than thirty years. ~,¢~n~,or ~ John. Beebe, by Wickham, Wickham>& Bressler. P.C. o,t, / / OVER 1 PAR~ II Envifonmlnfll A$$tssmllo c)e ¢ocnc~e:ec~ by PART III Determlnitlon o! $1gnlfl(:lnot (To be completed by ^gency) INSTIUCTIONS: For each adverse effect identified above, determine whether ~t ~s substantial, larle. *mportant or otherwise s~inificant. Each effect should be assessed in connection with ~ts la) settmi (i · urban or rural); lb) probabdity of occu.m$; lc) duration; (d) irreversibdity; (e) 8eographic scope; and if} magnitude. If necessal~,,, add attachments or reference sul:)ponmi mater:als. Ensure chat explanations contain sufficient detad to show that all relevant adverse ~mpacts have been identified and adequately addressed. ~ Check this box if you have identified oneor more potent~ailv large or s:gmr~cant adverse =mpacts which MAY occur Then proceed directly to the FULL EAF and/or prepare a positive declaration [] Check this box if you have determ'med, based on the information and analysis above and any supporting documentat3on. that the proposed action WILL NOT result m any s~n~ficant adverse enwronmental ~mpects AND provide here. and on attachments as necessary, the reasons supportn8 this determination: The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will be made by thls board before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. (d) Environmental Assessment Will project result in a large physical change to the project site or physically alter more than 10 acres of land? Yes X NO 2. Will there be a major change to any unique or unusual land form on the site? Yes X No 3. Will project alter or have a large effect on an existing body of water? Yes X NO 4. Will project have a potentially large impact on groundwater quality? Yes X No 5. Will project significantly effect drainage flow on adjacent sites? Yes X No 6. Will project affect any threatened or endangered plant or animal species? Yes X No 7. Will project result in a major adverse effect on air quality? Yes X 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 X 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 envirc~mental area by a local agency? Yes X No 10. Will project have a major effect on existing or future recreational opportunities? Yes X No i1. Will project result in major traffic problems Or cause a major effect to existing transportation systems? Yes X No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? Yes X 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 XNo period or have a major negative effect on the charact~ of the community or neighborhood? 15. Is there public c~ntrovers:/ cor~c~rni~g/~ project? ' //~ , ' // ~//-'~// Yes X.____No presentinq, JOHN BF~B£ Date, ZBA ~/75 QUESTIONNAIRE TO BE COMPLETED A~ND SUBMITTED WITH YOUR APPLICATION FORMS TO THE BOARD OF APPEALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch), to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours? Yes ~ 2.a)Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference.) b)Are there any areas open to a waterway without bulkhead? No 3. Are there existing structures at or below ground level, such as patios, foundations, etc? Y~ No 4. Are there any existing or proposed fences, concrete barriers, decks, etc? Yes NQ~ 5. If project is proposed for an accessory building or structure, i~ total height at more than 18 feet above average ground level? State total: ft. if project is proposed for principal building or structure, is total height at more than 35 feet above average ground-~l? State total: ft. Yes Yes ~ 7. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Yes N~ 8. Are there any building permits pending on this parcel (or abutting land under your ownership, if any)? Yes N~ State Permit # and Nature: 10. 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 Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from contract) Q No Yes ~ Yes ~ No Yes ~ Yes ~ Yes 11. Is new construction proposed in the area of contours at 5 feet or less as exists? Yes N~ 12. If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have you made application to the Town Trustees for an inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? Yes No 13. Please list present use or operations conducted upon the subject property at this time ~U~3f~Cm~Cj and proposed ~cn~ Please submit photographs for the record· I certify that the above statemen~ are trxue add ~a%~e being submitted for reliance by the Board of Appeal~ ~c° s' e g applica ' n. Signature (Property O~er) (~thdrized ~t) / ~//.. _~/_ and Made the forty-eight enture, day at A--~t, nlneteen hundred ettuetn FEE,. o. Pl~NCB.rasldlns at 64 Avondale ~treet, Valley Strem, New York; ;~ILLT~u A. OF~THWOH~_, resldln6 at 121 Fairfield Street, Valley f~crean, New ][ork, and BOI~IS ~. G~TtiWOHL, realdiu~ et ~{eetport, Connecticut, paxt lee oI the ~r~ pa~, an.d JO~N T. ~. and EDIT~ E. B~, h/s wife, reeAdt~ at 4~ ~t L~coln Avant, Valley ~r~ New Yo~, U te~ by t~ entl~, pa~t~ o~ the s~ond part, ~~, th~ the ~ 1' Of the ~ ~, ia conside~tion Of ....................... O~B ($1 .~) .............. ~o11~ lawful ~ of the U~ted States, ~d o~- ~d ~d v~u~le ~d~at~ paid by the pa~ 1~ of the s~ond part, do her~y grant and rele~e umo the pa~ ~ea of the seco~ that tract or per~l off land situate at Peaonic, 2n the Toan of ~outhold, Coanty of "~offolk and 8tats o~ New Zo~k, bounded and described es folloas'- B~GIMNIMO a point on the easterly shore of ~u~ene'a Creak aC the northwate~l¥ corner of land of Ethel G. Prince and ors; ~,nn~ thence aimg l~nd of Everall Bo Tuth/ll, two coulisse, aa follow:- First: N. 880 40; 50~ E.- ~AO feet to · large fence ]x~t; throes ~econd: S. 89e 04~ 40# Eo- 1~)~.0~ ~cet tO a certain cedar stump; thence alon~ other land of Ethel G. Prince and other~, tl~ ccmrses, as folloen:- Fir~: S. ~e 28' W.- 189.~ feet to a stake at the north edge of the woods; thence alor~ esAd edge of the wood~; Second: N. 880 3~~ 30" E.- 283.?0 feat to a stake at the northeast corner of said ~ood~; thence THIRD: $. 3e ~§~ E.- 134.4 feet to land of Harold Price; thence alon~ sa/d land of Harold Prlce, N. 580 44' 30e W. 5~ feet to ae/d easterly shore of Bugenera Creek; thence aion~ se/d shore of said Creek in a general northwesterly direction, ~50 feet, more or le---, to the point o£ b_eginn2nz. Conte2nlng 3.28 acres, more Or lass,, · To~ether w2th n rl~ht of way, 15 feet tn width, be62mtng et the end of the second cottr~e a~ described and ruing thence easterly alone lend of said Evarell B. Tutl~tll, ??0 feet, more or leas, to Little Neck Road. Beln~ end intended to be n pert' o~ 'the ~eml~es conveyed by P~I Zeneski and 2:30 P.~to, end beln& Peal property of which Lottte 25, 1940, and by her lest Mill and Testament devised the, premises hereinbefore described to the partlea of the £1rat part herein. ~ O~l~t~[:~' with the appurtenances and all the estate add rights o£ the part 1els of the ~rst part in and to said premises. ~ ~,rt 108 o£ the first part covenant ~t.--That the part ISS of the first part and ha ve good right to convey the same, ,~O~.--That the part le~ o£ the second ~rt shall ~ietly enjoy the said premises; ~ir~.~That the ~aid premises are free from incumbrances; as follows: ~I'e seized o[ the said premises in fee simple, ~O~.--That the part 1e8 o£ the J~rst part will execute or procure any further necessary assurance o£ the title to said premlaes; ~.--Th~t the ~ les o[ ~e ~r~ ~ will [or~er warrant the Htle to uid pre~ ~. ~That the gra~or, in compliance wi~ Section 13 o[ the Lien Law, covenants t~t the gra~or fill r,~ve t~ co~deraHon [or this co~e and ~ill ~old the right to r,eive ~ch co~deratlon ~' a ~ [u~ to ~ appli~ ~r~ ~or the pur~ o[ pa~ng ~e co~ o~ the improveme~ and that the gra~or will appl~ the ume ~ to the pa~me~ o~ the co~ o~ the improveme~ be[ore using an~ pa~ o~ the total the same £or any other purpose. hand sand seals the day and year ~rrt above written In pr~rn~ o~: hereunto set thelr ,~.,otmt~ o! ~0~ On the ~ ~ da~ o~ ~ n~neteen hundred and before me came ~H~ G. P~NC5 ~d ~ A. two of fo me ~o~ ~d k~ow~ ~o me ~o b~ the i~dieidu~l S dezcrib~ ~, ~d ~ho e~ecuted, the foregoing me~, z~d sc~no~l~ged fo me th~ ~ ~e y e~e~t~ the the ~. JOSEP~ A. KRUPSKI Re~idi,,g in Suffolk Co~ty R SOUTHO - '~,~/,/~ ~ eaJProperty Tax Service A ...... ' ' J ~ SUFFOLK oOUNTY OLERK'S OFFIO OR~AN E. IPP ~ ==u~Y =L~.~ August 31st, 1960. SouthOld To~n Planning Board, Southold, Long Island, New York. Owners: WM. M. BEEBE & ORS. Gentlemen: The subdivision mai) of, -~O0$E COVE AT EAST CUTCHOGUE", was filed in %his office on Aug. 30th, 1960 @ 11:10 A. ~i. under the file number of #3230 and with the abstract n~ber of #3553, in - Book 10, --- Page 10, --- Town of Southold. Very truly yours, 7; .... "~ .'i ',--.':- Map Department APPLICATION FOR APPROVAL OF PLAT To the Planning Board of the Town of Southold: ~le uudersigned applicants hereby apply fop final approval o~ a subdivision plat in accordance with Article 16 of the Town Law and Rules and Regulations of the Southold Town Planning Board, and represent and state as follows: ~ 1. The applicants are the owners of record of the land under application. 2. The name of tho subdivision is to bo "MOOSE COVE" at East ~ ~ ~' ~ ~utcnogue, ~,~w ~ork. 3. The entire land under application is described in Schedule "A" hereto annexed. The land is held as follows: A. The northerly s~ction is held under deed from E. Wilson Tuthill and Belle C. Tuthill to William H. ilason and Harry ~ Mason and William M. B~eoe, Libor 4642 cp. 127. B. The middle section is held under deed from Mary Zeneski to William M. Beebo, Harry E. Mason and Mlora B. Hason, Libor 4797 page 222. C. The southerly section is held under deed from~~ Mary Kujawsk$ to William M. Beebo, Harry E. Mason and Flora B. Mason, Libor 4801 page 2~0. ~. The area of the land if forty (40) acres. 6. Ail taxes which are liens on the land at the date here- of have been paid. land. The land is not encumbered. There are no other encumbrances or liens against the 9. The land lies in the following zoning use districts: "A ,r Residential and .~-lcultrual. ~,o part o~ the land lies under water whether t~e water, stream, pond water or otherwise, ~ ~' ~ ~at ~ ad,out-ns Eugene Cree~ in part. 11. The applicants shall at ~=' .... required public improvements. ~,~m .... pense install all 12. The land does not lie in a Water Diatrict or Water Supply District. 13. No water mains will be laid. 14. .Electric lines and standards will be installed by Long Island Li~hting Company and a charge will be made for installing said lines. i~. No gas mains will be ~stalled. 16 and 17. PP ca on Is ~1--~-~iad]F--t'~ ~__~ Southold to dedicats the streets as to~n highways, gchedule "B" is herewith annexed showing the same. 18. There are no existing buildings or structures on the land ~ich are not located and shown on the plat. 19. Where tile plat shows proposed streets which are extensions of streets on adjoining subdivision maps heretofore filed there are no reserve strips at the end of the streets on said existing maps at their conjunctions with the proposed streets. 20. In the course of these proceedings, the applicant will offer proof of title as required by Sec. 335 of the Real Prq~rty Law. 21. Shows proposed restrictions for the lots. Schedule "C" hereto annexed shows proposed restrictions for the lots. 22. The applicant estimates that the cost of grading and required pubic improvements will be $ and requests that the maturity of the Performance Bond be fixed at yearf The Performance Bond will be written by a licensed surety company. , 1960. Flora B. Mason Harr2z E./Masou,/as Trustees under the Last,4~i~l and ~estament of William H.. Mason/deceased. . STATE OF NEW YOR~: : SS COUNTY OF SUFFOLK: On the z~i~ day of '~lora B. Mason marry E~/ Mason / , 1960, before me personally came FLORA B. I',~SON, HARRY E. MASON and WILLIM~ M. BEEBE, to me known to be the individuals described in and who executed the foregoing instrument, and acknowledged that they executed the same. ~,~ i~AWYER BEFO NG THIS INSTRUMENT--THIS INSTRUM OULD BE USED BY LAWYERS oNLY. u ,4816 TH~INDENTURE, m~e ~e 23rd ~yof May ,ninetem hun~ Md Sixty BETWW-~N FLORA B. MASON and HARRY E. MASON, residing at New Suffolk, Town of Southold, Suffolk County, New York, and WILLIAM M. BEEBE, residing at Cutchogue, Town of Southold, Suffolk County, New York, partyo£thefirstpart,~d JOHN T. BEEBE and EDITH E. BEEBE, his wife, residing at Cutchogue, Town of $outhold, Suffolk County, New York, ~y of the second pa~, Wl-llqF.$S~'rH, t~t ~epanyoithefirst ~,in ~nside~fionof One and 00/100 ........... ....................................... ......... ($1.oo) ..... , o[the Unit~ States, and other good and valuable considerationspaid by the party o{ the second ~, d~s hereby ~t and rel~se unto the ,party o[ the second ~, the heirs or , succes~rs and assi~s of the pa~y of the ~nd pa~ ~rever, AIl. t~t certain plot, piece or parcel of ~nd, wis the buildinga and improvements ther~n er~t~, situate, lying andbeinlu~lt~ at East Cutchogue ,': Town of Southold, County of Suffolk, and State of New York, bounded and described as follows:- BEGINNING at an iron pipe set at the northeasterly comer of land of the party of the ~Con~ part about 771 feet westerly f~om the westerly line of Little Neck Road; running thence along other land of the parties of the first part, two courses, as follows: 1- South 57~ 30~ 00" East 31.41 feet; thence 2- South 17* 09~ 30~ East 166.72 feet to the northwesterly corner of land conv~yed by the parties of the second part to the parties of the first part by deed along other land of the parties of aS follows: l- South 76~ 15* -2- North ll~ 56~ of even date herewith; thence the second part, two courses, 00" West 37.63 feet; thence 30s West 189.22 feet to the point of beginning. Containing about one-tenth (1/i0) of an acre. TOGETHERwith'a right 6f way along the easterly line of the premises, the easterly line o~ said right of way beginning 5'0 feet easterly from the southeasterly corner of the' premises and r~nniug thenbe North 17° 09~ 30" West about 190 feet to land formerly of Wilson Tuthtll. .~,,~"~ right of way 35 feet in width from~'%he northwesterly ~Pner of the ~remises easterly about 771 feet to Little Neck Road ever land'formel'ly bf s~id Wilson Tuthill. THE PARTIES of the firs't part, however, rese~e the ri~t to dedicate bo~h ri~S of way i~edia~ely above mentioned %o the To~ of Southold for highwky purposes. .[' J n .+.~/~'ith all right, title and interest, if an)-, of the party of the fi art in and to an)' streets a d ~ibuttlng the above described premises to the center lines thereof, TOC,~'I14F_.R with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAVE AI~ID TO HOLLO 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. ~ND the party of the first part covenants that the party of the first part has not done or snffered anything whereby the said premises have been incumbered in any way whatever, except a~ aforesaid. ~ 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 ~onsid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. iN WrI-N~ WHEREOF, the party of the first part has duly executed this deed rite da)' and year first above written. --~ / P_~r~a B. Mason Harr~ ~. Masor~ William M. Beebo STATE 0P NEW YORK: ON this g~day of May , 1960 before me personally came FLORA B. MASON, HARRY E. MASON and WILLIAM M. BEEBE, to me known to be the individuals described in an~who executed the fore- instrument and acknowl~e/dged~that they execut~ir the same. ~OTMZY?UBLIC, STArE OF ,~EW YORK