HomeMy WebLinkAbout3677Wabasso St. , SOuthold ~Lv.//~./~D /~ 12/22/82
establish two legal bldg. lots each having in-
sufficient~ area & width.
c~ ~ ~_~ 78-3-31,34&36
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
ACTION OF THE ZONING BOARD OF APPEALS
TELEPHONE (516) 765-1809
Appeal No. 3677
Application Dated September 25,
TO: Mr. and Mrs. Robert Mohr
37 Mt. McKinley Avenue
Farmingville, NY 11736
1987
[Appellant(s)]
At a Meeting of the Zoning Board of Appeals held on December 10, ]987,
the above appeal was considered, and the action indicated below was taken
on your [ ] Request for Variance Due to Lack of Access to Property
New York Town Law, Section 280-a
[ ] Request for Special Exception under the Zoning Ordinance
Article , Section
[X] Request for Variancesto the Zoning Ordinance
Article III, Section 100-3], and
Article III, Section 100-32
[ ] Request for
Application of ROBERT MOHR for Variances to the Zoning Ordinance,
Article III, Section 100-31, Bulk Schedule, for approval of decks
attached to dwelling with insufficient rear and front yard setbacks,
and Article III, Section 100-32 for approval of accessory garage
structure located partly in the sideyard area. Location of
Property: West Side of Wabasso Street, Southold, NY~ County Tax
Map Parcel No. 1000-78-3-34.2.
WHEREAS, a public hearing was held and concluded on November
1987 in the Matter of the Application of ROBERT MOHR under Appl.
No. 3677, and
10,
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 contains a total area of
20,625± sq. ft. with 187.50± ft. frontage along the west side
of Wabasso Street, Southold, NY and is known and referred to
as Lot #1, of Minor Subdivision approved by the Southold Town
Planning Board November 8, 1982, subject to Board of Appeals
approval. Conditional approval was rendered by the Board of
Appeals under Appl. No. 2996 on December 22, 1982.
2. On February 23, 1987, Building Permit #15697 was
issued by the Southold Building Department for the con-
struction of a single-family dwelling structure and accessory
building. On June 18, 1987 the Permit was amended to include
expanded and added decks.
(CONTINUED ON PAGE TWO)
DATED: December 28,
Form ZB4 (rev. 12/81)
1987.
CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Page 2 Appl. No. 3677
Matter of ROBERT MOHR
Decision Rendered December 10, 1987
3. The subject premises is improved with two structures:
(a) single-family dwelling structure with attached decks
and (b) accessory 1½-story framed storage/garage building
located at the most northwesterly corner.
4. The existing dwelling structure is shown to be set
back 36.7 feet from the front property line (without deck
areas), and the existing open-deck areas attached to the
front of the dwelling structure are shown to be set back 28.8
feet at its closest point and at 34.7 feet, from the front
property line and as more particularly shown on survey prepared
by Raymond W. Donack, Sr. dated September 4, 1987. The rear
open-deck construction is shown to be set back at 22.6 feet
at its closest point from the westerly (rear) property line
as constructed~
5. The existing accessory storage/garage building is
shown to be set back 77.5 feet from the front property line,
5.7 feet from the northerly (side) property line, 6 feet
from the westerly (rear) property line and 117 feet from
the southerly property line.
6. By this application, relief is requested as follows:
(a) insufficient frontyard setback of deck, as exists, at
28.8 feet from the easterly front property line, (b)
insufficient rearyard setback of deck, as exists, at 22.6
feet from the westerly rear property line, (c) approval
of construction of accessory building which is partly located
in the sideyard area due to the construction of the dwelling's
new deck construction which reduced the rearyard area.
7. For the record it is noted that prior to the
issuance of an Order to Remedy Violation dated September l,
1987, 1st and 2nd foundation inspections were made, and a
second survey was requested. The second survey was issued
September 4, 1987 and the Notice of Disapproval from the
Building Inspector was issued September 11, 1987. On
September 25, 1987, this variance application was filed.
8. In making this determination, it shall be understood
that an approval of the decks in the frontyard area as noted
below shall not be used when calculating an ~'average of
established" setbacks of principal dwellings in the area
as provided by Section 100-33 of the Zoning Code. The
principal building setback shall remain at not less than
35 feet (presently shown at 36.7 feet), and all dwellings
proposed on all vacant lots in the immediate area shall
be required to meet the setbacks of new principal buildings
(i.e. 35 ft. front, 35 ft. rear, etc.) without reduction
[except as may be permitted by this Board by formal appli-
cations].
9. In making this determination, the Board also finds
and determines as follows:
(a) the amount of relief requested as to the front and
rear decks are substantial in relation to the requirements,
being variances at 37±% in the rearyard, and at more than
15% iH ~he frontyard;
(b) the circumstances of the property are unique in
Page 3 Appl. No. 3677
Matter of ROBERT MOHR
Decision Rendered December 10, 1987
that it is a substandard parcel;
(c) the relief requested is not the
except that the construction under question
RECEIVED AND FILED BY
THE SOUTHOLD TOVfi~ CLEi~K
DATE /n/~ o/%'7 HOUR /'~ -'~ c
Town Clerk, Town of Southo!d
inimal necessary,
(d) the amendment of the building permit allowing
an extension of deck areas as issued is not
valid or proper since assumptions were made as to setbacks,
and the construction of the deck areas in accordance there-
with, when confirmed in writing, violated the zoning setbacks;
(e) the "practical difficulties" test has not been
satisfied as required by law to permit the entire relief
requested by this application;
(f) in view of the manner in which the difficulties
arose and in view of all the above factors, the interests
of justice will be served by granting the following
alternative relief.
Accordingly, on motion by Mr. Sawicki, seconded by
Mr. Grigonis, it was
RESOLVED, to DENY THE RELIEF FOR THE FRONT AND REAR
YARD REDUCTIONSiAS REQUESTED, TO GRANT APPROVAL OF THE
LOCATION OF THE ING AS EXISTS PARTLY IN
THE SIDEYARD, AND TO GRANT THk FOLLOWING ALTERNATIVE RELIEF,
in the Matter of the Application of ROBERT MOHR under Appl.
No. 3677:
l. That a four-ft, deck extension shall be permitted
to remain along the front areas leaving frontyard setbacks
at 31.8 feet at the closest "V" point and at 34.7 feet.
The areas which are not violative of the 35-ft. frontyard
setback are not within this Board's jurisdiction and accord-
ingly may remain;
2. That a reduced open-deck extension shall be
permitted to remain at setbacks not closer than 28 feet
from the rear property line (present deck should be cut
back where necessary, approximately 5'6" to meet this
requirement). The areas which are not violative of the
35-ft. frontyard setback rule are not within this Board's
jurisdiction and accordingly may remain;
3. The deck construction shall remain open, unroofed,
never to be temporarily or permanently enclosed;
4. The deck construction shall be considered a walk-
way and not liveable floor area (or principal construction)
when calculating the "average established" setbacks rule
provided under Section 100-33 of the Zoning Code;
5. The accessory building shall remain and be limited
to garage and storage uses incidental and accessory to the
principal residential use of this property, not to be
operated for office use or gainful purposes;
6. No expansion shall be permitted of the deck areas
or accessory building except by formal application to this
Board;
7. All structures shall not exceed 20% of the total
lot coverage (4,125 sq. ft.) as restricted by Article III,
Section 100-31, Bulk Schedule of the Zoning Code.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen,
Grigonis, Douglass and Sawicki. This resolution was duly
adopted.
lk
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 qearings
will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular
Meeting at the Southold Town Hall, Main Road, Southold, ~ew York,
on TUESDAY, NOVEMBER 10, 1987 at the following times:
//x~ 7:30 p.m. Appl. No. 3677 ROBERT MOHR. Variances to the ~
Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, {~
for approval of decks attached to dwelling with insufficient
rear and front yard setbacks, and Article III, Section 100-32 ~
%
for approval of accessory garage s~ructure located partly in ~
the sideyard area. Location of Property: West Side of Wabasso ~
Street, Southold, NY; County Tax Map Parcel No. 1000-78-3-34.2.
7:35 p.m. Appl. No. 3675 RICHARD MULLEN, JR. Va-riance
to the Zoning Ordinance, Article VII, Section 100-71, Bulk Schedule,
for permission to construct showroom addition with an insufficient
frontyard setback from the north property line. Location of
Property: Corner of Main Road and the East Side of Cottage Place,
Southold, NY; County Tax Map Parcel No. 1000-62-3-20 and 19.
7:35 p.m. Appl. No. 3674 RICHARD MULLEN, JR. Special
Exception to the Zoning Ordinance, Article VII, Section 100-71,
Bulk Schedule, for permission to construct addition for showroom
use incidental to the existing car-sales business use in this
"B-l" General Business Zoning District. Location of Property:
Corner of Main Road and the East Side of Cottage Place, Southold,
NY,' 1000-62-3~9 and 20.
7:45 o.m. Appl. No. 3684 - WILLIAM AND VERA MOLCHAN.
Variance to the Zoning Ordinance, Article III~ Section 100-32~
for permission to locate accessory inground swimmingpool, decks,
and fence enclosure in the frontyard area (in excess of 300 feet
from the front propenty line) at premises located along the north
side of Ruth Road (north of Sunset Drive), Mattituck, NY~ County
Tax Map Parcel No. 1000-106-1-3.
7:50 p.m. Appl. No~ 3514 - GEORGE P. SCHADE. Variances to
the Zoning Ordinance, Article III, Section lO0-31, Bulk Schedule,
for approval of the proposed~insufficient lot area a~d width of
two parcels in this pending set-off division of land located
along the west side of Cedar Lane (west of Summit Road), Southold,
NY; County Tax Map Parcel No. 1000-78-7-42.
Page 2 Notice of Hearings
Regular Meeting November 10s
Southold Town Boaro of Appeals
1987
7:55 p.m. Appl. No. 3673 --NICK MIHALIOS. Variance to the
Zoning Ordinance, Article XIs Section 100-119.2 for permission to
locate inground swimmingpool, decks and fence enclosure with an
insufficient setback from the tod of bluff along the Long Island
Sound. Location of ProperTy: north side of The Strand, Lot #124~
Man of Pebble Beach Farms, East Marion, NY; County Tax Map Parcel
No. 1000-30-2-74.
8:00 p.m. Appl. No. 3680 LEONARDUS AND MARIE VANOUDENALLEN.
Variance to the Zoning Ordinance, Article III, Section 100-312 Bulk
Schedules for permission to construct addition to dwelling with
an insufficient setback from the closest point of arc along the
front property tine. Location of Property: North Side of Sailors
Lane (a private road), approximately 147 feet west of Little
Peconic Bay Road, Nassau Point, Cutchogue, NY~ County Tax Map
Parcel No. lO00-111-1q-7.
8:05 p.m. Appl. No. 3683 - GEORGE L. OE~NY INC. Variance to
the Zoning Ordinance, Article XI, Section lO0-119.l, for permission
to erect fence in the frontyard area at a height not to exceed
6½ feet. Location of Property: North Side of Sound Avenue (or
North Road), and the SoJth Side of C.R. 48, (Middle Road),
Mattituck, NY, County Tax Map Parcel No. 1000-141-3-38.1.
8:10 p.m. Appl. No. 3682 - GEORGE L. PENNY INC./JERRY SHULMAN.
Special Exception to the Zoning Ordinance, Article VIII~ Section
1QO-80(B) for permission to use existing storage building for
war~housing a~d storage of lumber and building materials and
suppliess in conjunction with the existing lumberyard opposite
Sound Avenue. Zone District: "C-Light Industrial." Location
of Property: .South Side of Sound Avenue (or North Road), Matti-
tuck, NY; County Tax Map Parcel No. 1000-141-3-41.
the
for
an
Location of Property: Corner of Main Road
Peconic Lanes Peconic, NY~ County Tax Map
Zone District: "B-I" General Business.
8:15 p.m. Appl. NO. 3678 DAVID LaFRENIERE. Variance to
Zoning Ordinance, Article VII, Section lO0-71s Bulk Schedules
permission to construct addition to existing building with
insufficient setback from the side (westerlY) property line.
and the West Side of
Parcel No. 1000-75-5-10.
8:20 p.m. Appl. No. 3671 - ANDRE AND THOMAS CYBULSKI.
Variance to the Zoning Ordinance, Article III, Sectio~ lO0-30(A)
Page 3 - Notice of Hearings
Regular Meetin.g November 10,
Southold Town Board of Appeals
1987
for permission to utilize premises for book publishing operations,
wholesale book storage, and updated 280-A aoproval over the
ex~sting private right-of-way for such use. Zone District: "A"
Residential and Agricultural. Location of Property: West Side
of Depot Lane, Cutchogue, NY; County Tax Map Parcel No.
1000-96-5-1.2 and pa~t of 1.1.
8:35 p.m. Appl. No. 3679 - ROBERT AND DOLORES SCHISSEL.
Variance for permission to construct open deck addition with an
insufficient setback from nearest wetlands per Article
Section 100-119.2. Location of Property: 710 West Shore
Drives Reydon Shores Map, Lot 9 ana part ot 8, Southold, NY,
County Tax Map Parcel No. 1000-80-1-46.
8:45 p.m. Appl. No. 3564 - JOHN DEMPSEY/ROBIN RAEBURN.
Variances: (a) for final approval under New York Town Law,
Section 280-A over the ex]sting private right-of-way, and
(b) for permission to locate proposed dwelling with an
insufficient setback from top of bluff along the Long Island
Sound, per Article XI, Section 100-119.2. Location of
Propeety: Extending at the north end of a private right-of-way
(traveled over lands of Bokina from the north side of Bridge
Lane £xtension and Oregon Road in a northerly direction)
to the subject premises identified on the Suffolk County
Maps as District 1000, Section 73, Block 2s Lot 3.6
(prev. 3.4 and 3.5).
Tax
9:00 p.m. Appl. No. 3672. ANTHONY GAMBINO. Variance
to the Zoning Ordinance~ Article XI, Section 1.00-119.2 for
approval of the construction of hew a~elling with an
insbfficient setback from nearest tidal wetlands and/or
ordinary highwater ~ark along Deep Hole Creek. Location
of Property: East End of Lupron Point Roads Mattituck, NY;
County Tax Map Parcel No. -O00-115-11-10.
The Board of Appeals will hear at said time and place
alt persons or representatives desiring to be heard in each
of the above matters. Each hearing will not start before
the time allotted. Written comments may be submitted prior
to the conclusion of the s. ub~ect hearing. For more informa-
tion, please call 765-1809.
Dated: October 26, 1987.
BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER, CHAIRMAN
Linda Kowalski, Board Secretary
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TO¥~N :CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
File No ................................
To .~. ~ ..X.~ ~ .43~...~ ......
..~?:...~...~...l~,~.~...
.~ ~.¢:~.~,. ~..%... ~ n ~...
PLEASE TAKE NOTICE that your application dated . .-.~. ~.~...~:~..'?..~... ! [ ........ ,19 ~.~...
for permit to construct..~*,.~..o~..~..~,~..~, p.. ~..~:~....~.~. ~ .~...~.-~. at
Hou.~ No., Street Ham/et
County Tax Map No. t000 S~e~tion ...~.~..~. ...... Block ....C~. 5 ...... Lot . .~.~.;..;~ .......
Subdivision ................. Filed Map No ................. Lot No ..................
is returned herewith and disapproved on the following grounds .0~.'.'..c~.. ~' ~.~¢,c~/..~..-. ~ .~
~?.,~ ~.~,, ~~ ....................... ~ .<-..~.~.~ ~,,~~ & ~
Building Inspector
RV1/80
FORM NO. 1
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN HALL
SOUTHOLD, N.Y. 11971
TEL.: 765-'1802
Disapproved a/c .....................................
.
· . -, :,'x-,.':x (BmtP~mk In:pector)
A. ;.., -~ ~APPLICATION FOR BUILDING PERMIT
INSTRUCTIONS
a. This application must be comp!dtely f'dled m by typewriter orm mk and submitted to the Bmldmg Inspector, with 3
sets of plans, accurate plot plan to scale. Fee according to schedule.
b. Plot plan showing location of lot and of buildings on prem/ses; relationship to adjoining premises or public streets
or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli-
cation.
c. The work covered by this application may not be commenced before issuance of Building Permit.
d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit
shall be kept on the premises available for inspection throughout the work.
e. No building shill bo qccupied or used in whole' ~5~: in part for any purpose whatever until a Certificate of Occupancy
shall have been grat}'t~d' by the Building Inspector. -
APPLICATION LS_ HEREB~Y MAD,!~'to the Building Department for the issuance of a Building Permit pursuant to the
Building,Zone Ordinance of'.t.h-~, T6wn of Southold, Suffolk County, New York, and Gther applicable Laws, Ordinances or
Regulati6ns, for thd c6nstmction of buildings, additions or alterations, or for removal or demolition, as herein described.
The applicant agrees to/omply with ali applicable laws, ordinances, building code, housing code, and regulatiqns, and to
admit authorized inspectors on premises and in building for necessary in~n~ _Z_.~:,,~,~_ ~, . ,
(Signature of applicant, or name, if a corporation)
- . (Mailing address of applicant)
State'whether applicant is owner· lessee, agent, architect, engineer, general cogtractor, electrician, plumber Or builder.
Name of owner of premises ... ~..~.-.~..:~.. /.~..'~.~.~..~.~'...../~.. fl.'~.. ..................................
(as on the tax roll or latest deed)
If applicant is a corporation, signature of duly authorized officer.
(Name and title of corporate officer) .
Plumber's License No..'~.' .~..~. ~.~f'...' ....
Electrician's License No...~.c~.d. ?....~. ?.~.~..,'~...~"/,t-~'~,~
1. Location of land on which proposed work will be done ............... .~';: .. ..... ... ........ ..... , '. ........
............... ....... .........
House Number - "' Street Hamlet
County Tax Map No. 1000 Section .... .?'.~. .......... Block . .,~... Lot....3.~ .~.....~...C..z~.:
Subdivision .................................... Filed Map No ............... L0~..~..o..~..../. .....
-~,,,g ;,z ,,oo~ (Name)
2. State existing use and occupancy of premises and intended use an'~ occupancy of proposed construction:
a. Existing use and occupancy P~AC.~.~,~- ~0 7~
b. Intended use and occupancy .. ~/. ?r..~..~j.~..~...' ....... .2~.....~.,~..~..~....~../..~f.~....~..~...0/~./. ..............
3. NatureRe m? ~fW~brle.(check,~ which~, applicable):. · New Building . ~ .' ..... Addition .......... r Alteration7 ' ..........
p ' ~.~ ............ ~emova~ .............. Demolition ............. Othe. ~% ork ..............
7. D{? --1 - - ' a~ - ~s, if~t ............... R~.. ............ D~ ...............
~ Nu~f S~orius: .......................................................
8. D~ension~f e¢tce new construction: Front ...~~.,> Rear ...~efl~ ..... Depth
Height
. ~/~ ...... Number of Stories . .. ~.~ ~ ..............................
9. Size of lot: Front ...(~ {/~ ........ Rear.. Z~.7.(~.~_~___ --------~u~-~.~__......~----- .Depth
10. Date of Pur~s~: .4~2 ~* .................... Name o f F~mer'OWnex -~r~d~*Z' ~ '/25~ '
I1. Zone or use district in which premises are situated.. ~~/..~ ................
12. Does proposed.const~cticn violate any zoning law, ordinance or regulation: .f.~
13. Will lot be regraaed ' .. .... ~ ................. WXll excess fiI1 be removed from cremise~:, ,,~Q No
!4. Nme of Owner of premises ~F~e~ ~res~7~e~ ~~ff[~
Nme of Architect . ;...~ ..................... Address .... ~ .... ~ .... Phone No. ~.~d~ ....
N~ of Contractor .......................... Ad dress~Jf~&~j ~..,Phone No. ~P.l ......
I5. Is this property located within 300 feet of a tidal~~... No
*If yes, Southold Tower Tmstees Permit maybe required~
PLOT DIAG~
Locate cle~ly ~d distinctly ~1 bu~d~gs, whether existing or proposed, mhd. indicate ~1 set-back d~ensions from
prope~y ~nes. Give street ~d block number or description accord~g [o deed, ~d show street n~es ~d indicate whether
[
;TA~ OF NEW YORK, S.S
20~Y OF ...... - ......
. ~~. ~~ .................... being duly sworn, depose~and says that he is the applicant
(Name of individual signing contract)
~bove named.
teisthe... ~e~
(Contractor, agent, co.orate officer, etc.)
~f said owner or owners, ~d is duly authored to perfo~ or have perfo~ed ~e said work and m m~e ~d file t~s
pplication: that all statements cont~ed kt this application are tree to the best of his knowledge and belief; and that the
york w~l be perfo~ed in the m~ner set forth ~ the application filed therewith.
,worn to before me this
........ .......
ex,.n,ss~,~' :_.-,- ...... -~/~'i~ ~' ' (Si~ature of applicant)
interior or comer lot.
~tlV~.B ~' ~'TOWN OF SOUTHOLD, NEW YORK
~,~P~,I~L~OM DECISION OF BUILDING INSPECTOR
TO THE ZONINGBOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
APPEAL NO. '~-~/~"~
Name of Appellant Street and Number
~..~./~, .~..~.../.~- · ..'~,..~.-'~././.~'..~, ....~.'..~..~.././...~.~,~ ...... HEREBY APPF. AL TO
......... ~ ......... '/~;~i;i~;ii~................................... State
THE ZONING BOARD OF APPEALS FROM THE DEaS~ON OF THE BU~LmN~ ~NSPECrOR ON
APPLICATION FOR PERMIT NO....~.~..~..?....7..: ............. DATED .'....~'..C~.......c~.~....Z..-.~..~....~.. .............
WHEREBY THE BUILDING INSPECTOR DENIED TO
Name of Applicant for permit
Street and Number Municipality State
( ) PERMIT TO USE
) PERMIT FOR OCCUPANCY
1. LOCATION OF THE PROPERTY ...,~.~.~....,'~...~...~..~..~. ....... .".~....~..~...-f.~...~......<~...~...~...~...~./..~..~.~..../~...?.?/'
Street /Hamlet / Use District on Zonin~ Map
District 1000 Section ~rBlock~Lot~ .....
................................................................................. ;Cu..=.~ Owner ~~
Lot No.
Map No~oO 7-~--~..~" ,,:?</._~ Prior Owner.
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 Ordl.nance.)
A~r~icle~/~ Section
3. ~YPE OF APPEAL Appeal is made herewith for (please check appropriate box)
( ) 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
$u¢~ appea~ ~a$ ~ ~ ~e~est ~or o special pe~mi~
( ) request for a variance
and was made in Appeal No ................................. Dated .................................................................
REASON FOP, APPEAL
( ) A Variance to Section 280A Subsection 3
(i~ A Variance to the Zoning Ordinance
is requested for the reason that .7~
Form ZBI
· ~ ' '(Continue on other side)
REASON FOR APPEAL
COntinued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because
2. The hardship created is UNIQUE and isnot shared by all properties alike in the immediate
Vic.inity of_ this property. and in this use district because
3. Tine Variance would observe the Spirit of the Ordinance and WOULD NOT CHANGE THE
,,,'.CH^.RACTER OF TH~ DiSTRiCT because ..~e/~_¢¢ /W ..°4~ ~~g~Q
Sworn to this ................ ~..SZ, ................ doy o ...................~/~.~.~./~Z~.., ...... 19 ~:
' TOWN OF SOUTHOLD
OWNER
FORMER OWNER
STREET
VILLAGE
S
s. ~/c; SEAS.
LAND IMP. TOTAL
FARM
COMM, CB. MlCS,
DATE
SUB. LOT
TYPE OF BUILDING
Mkt. Vakm
AGE
BUILDING CONDITION
NEW
FARM
Tillable
Wood land
Meoc~owland
House Plot
Total
NORMAL BELOW ABOVE
Acre Value Per Value
Acre
FRONTAGE ON WATER
FRONTAGE ON ROAD
DEPTH
BULKHEAD
DOCK
COLOR
TRIM
Extension
Extene~on
Porch
Porch
B reezewce-/
~, C~rage
Total
Foundation
Basement
Ext. Walls
Fire Place
__~_~.. l'ype Roof
~ Recreation Room
Dormer
Bath
Interior Finish
Heat
Rooms ]st Floor
Rooms 2nd Floor
Driveway
FIN. Bi_
N/FLY
LUBOV -
N. 84~21' 00"E'
I10.00'
$. 84~ 21' 00''W'
N/FLY N/FLY TISBO ~
CozENZO '* "
AREA.'~ ~ IQ4;;'3,1ACJ
RAYMOND W. DONACK, SR.
PROFESSIONAL LAND SURVEYOR N.Y. LIC. N9 4926:~
1719 NORTH OCEAN AVENUE
SUITE C
MEDFORD~ NEW YORK irt'~
(516) 758-595?_
DATE: SEPT. 4, 19~7 JOB Ng 8T-1~42
TAX M~P Nt: 1000-78-03..,.342 SC&i.E: I' · ~
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
ORDER TO REMEDY VIOLATION
Date ......S..e..p..c..:....] .................................... 19...8...7..
(owner or authorized agent of owner)
37 Mt. Mc Kinley Ave., Farmingville, N.Y.
(address of owner or authorized agent of owner)
11738
PLEASE TAKE NOTICE there exists o violation of:
Zoning Ordinance
Cia . 100
Other Applicable Laws, Ordinances'or Regulations ............................................
at premises hereinafter describf~d in that ..... .N..~....~s...e..c...~..q.d.....~.u..r..v...e.~.:.....a.P.~p.9..a...r.~....~..~..~....~..~..~...s.~ ....
(state character of violation)
to the front and rear lines, garage and barn in side yard.
in violation of Ch 100-Art XIV 100- 143
(State section or paragraph of applicable Iow, ordincnce or regulation)
STOP ALL WORK
YOU ARE THEREFORE DIRECTED AND ORDERED to comply with the law and to remedy the
conditions above mentioned forthwith on or before the ...... A..~....o...n..c...e ................................................
day of SEPT
...................................................... ,19..8. Z...
Provide a second survey at once.
THe premises to which this ORDER TO REMEDY VIOLATION refers are situated at
525 Wabasso Street , Counlv of Suffolk, New York.
~'~'~'t J[ o 1 d ;'' 'I{]"; ~". ......... c)'y ............... : ..................
78-3-34 .2
Failure to remedy the conditions aforesaid and to comply with the applicable provisions of law
may constitute an offense punishable by fine or.imprisonment or bolh.
STOP ALL WORK
Building Inspector
~UNDATION
5UNDATION (2
]UGH
FRAME~
PLUMBING
NSULATION PER N.
STATE ENERGY
CODE
.¸_
FIliAL
ADDITIONAL COMMENTS:
U!;DATION ( ls
U!;DATION ( 2 ' ~d~)'
3GH FRAME~
FLUMBING
ZULATION PER N. Y.
STATE ENERGY
CODE
FI~AL
ADDiTIOI~AL COMME~:TS:
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN HALL
SOUTHOLD, N. Y,
BUILDING PERMIT
(THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL
COMPLETION OF THE WORK AUTHORIZED)
N9 5697
Z
County Tox Mop No. I000 Section ..... ,,(~,. ,~....~. ........ Block ....,~,.,~ ......... Lot No....,.~.~..;....~... ....
pursuant to opplication dated .....~...~.:/,..,.~.../../ .................... , 19..~...~.., and approved by the
Building Inspector.
Fee $ ........................
Building Inspector
Rev. 6/30/80
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. llg?l
TELEPHONE (516) 765-1809
December 29, 1987
Mr. and Mrs. Robert Mohr
37 Mt. MCKingley Avenue
Farmingville, NY 11736
Re: Appl. No. 3677 Variances
Dear Mr. and Mrs. Mohr:
Transmitted herewith for your file and perusal is a copy
of the official findings and determination recently rendered
by the Board bf Appeals, the original of which has this date
been filed with the Office of the Town Clerk.
Please be sure to return to the Building Department for
issuance of any permits or other approvals in writing as may
be applicable.
Please do not hesitate to call either our office (765-1809)
or that of the Building Inspector (765-1802) if you have any
questions.
Yours very truly,
Enclosure
Copy of Decision to:
Building Department
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
WITHOUT CERTIFIOATE
OF OOOUPANOy
'1
FEE:_ ~ .c-~O BY' [,, :,~ ,
NOTIFY 6UILDING OEPARTM6NT
76~1~2 g AM TO ~ ~
~OWlNG
~NDA~ION ~0 REQ~D
~R POURED CONCRETE
ROUG~ FRAMING &
! ~ CO~SZ~UCT~ ~U~
~ CO~.~ ~fl C.O.
A~.CO~STnUCTtON SH~L
'TH~ ~EQUIP~MENTS ~ r~ N.Y
~'0~ CC~STR~TION ERROr,
DEC.,
.~.e_u.~z~_Z ~ ,'9,
Jo 7-~z''~'T. ..d. l l_.
i
~T
._?OU T->-/o/ -,2, ,,M.
Ili~ll~qCK VAJ~TU¥~ P.C.
glC:l~l LAND ~t~V E¥ORS
SUFFOLK CO HF'ALTH DEPT APPROVAL ['~'
H. $ NO
STATEI~NT Cie= INTENT
THE WATER SL~Y AND SEY~AGE DIS~a~GAL
SYSTEMS FO~ T~S R~E WILL
C~F~M ~ T~ ~A~ OF THE
SUFF~K CO. ~. M ~ALTH ~VICE~
5~RVICES -- FOR A~"OVAL OF
CO~TR~T~ ONLY
DATE:
A~OVED:
SUFF~K CO. TAX M~
OWNERS ~D~E~:
GRI~ENPO~ T NEW YO~K
TRANSCRIPT'OF HEARING
SOUTHOLD TOWN BOARD OF APPEALS
R-EGULAR MEETING OF
TUESDAY, NOVEMBER 10, 1987
Appl.-No., 3677
Applicant(s): Robert Mohr
Location of Property: West Side of Wabasso Street,
.County Tax_Map ID No. 1000- 78 ~ 3 - 34.2
Board-Members'present were:
Members~ Grigonis, Douglass,
Chairman Goehringer P.
Sawicki, and Doyen
Southold
Goehringer,
Absent was: (None) Also present were: Victor Lessard(Building Dept.)
Linda Kowalski, Z.B.A. Secretary, and approximately 20 persons in the
audience.
The Chairman opened the hearing at 7:35 o'clock p.m. and
read the notice of hearing and application for the record.
CHAIRMAN GOEHRINGER: I have a ~opy of survey, most recent date of
September 4, 1~'87 indicating a o~ half story framed home on the
south part of the lot with the most closest setback to Wabasso Street
on the front yard is 28.8 feet; the rearyard at its closest point
22 feet 6 inches, and an uncompleted attached garage to a one and
half story framed building which looks like a barn, it is a barn,
and is approximately 12 by 21. It.is approximately a 6 foot set-
back from the rear property line. And I have a copy of the Suffolk
County Tax Map indicating this and surrounding properties in the
area. Is there somebody who would like to be heard?
MR. MOHR. Not at this point.
CHAIRMAN GOEHRINGER: Y.ou are Mr. Mohr.
MR. MOHR. Ye~.
CHAIRMAN GOEH~INGER: Is there anybody else who would like to speak
on behalf of this application? Anybody like to speak against the
application? QuDstions from Board members? The letter that Mr. Mohr
had mentioned~itb.in the application I'll read. It says; Dear sirs:
I'm writing this 'letter as an addendum to the application and I am
also submitting it as a result of the Building Department's issuance
of a stop work order on a building permit of 15697 prior to the build-
ing of the present house on July of 1986. I met with Mr. Lessard to
seek the information on complying with a building permit. He advised
Page 2 - November 1~ 1987
,~,public Hearing - R~rt Mohr
Southold Z.B.A.
CHAIRMAN GOEHRINGER~(con~inued)
me-of the procedure. I indicated the plans of such that the front
and rear decks are out of the building envelope. He indicated that
when the plans were submitted, if ~a~'variance~was in order, they
would be rejected. And then I would have to go to the Z.B.A. for a
variance. However, on February 18, 1987, a building permit was is-
sued without a variance. Construction began on March of 1987. And
in July of 1987, I went back to request what the procedure was for
the extension of the rear deck. 'I spoke to Mr. Fish who advised me
that I should submit a plan showing the requested change of which I
did. Once again, the extension to the deck was approved. The deck
was under construction when, on September 1, ].987, Mr. Lessard and
Mr. Horton were inspecting the house behind my property and they ob-
served my deck. They indicated that it appeared too large and in-
fringed on the backyard, sideyard concept. They said I needed a
second survey which they requested and I allegedly never gave the
Building Department. I indicated that it was never requested. La-
ter they agreed that it was not requested but that it was needed
now. I complied with their request. The survey showed the rear
and front decks as indicated initially, that they extend out of the
primary-building envelope. The decks are 90% complete and I com-
plied, by sending notices to my neighbors. They all say unanimously,
they have no complaint. I respectfully submit the variance to be
granted based upon the above information contained in this letter.
In good faith I followed the protocol in applying for the building
permit in May showing the facts and it was approved only to have a
stop work order issued to me after the construction. Signed by Mr.
Mohr. Is there anything you'd like to add to this particular letter?
MR. MOHR: No I don't.
CHAIRMAN GOEHRINGER: The only question that I have is that I have
looked at the property. Was the front deck also applied for and ap-
proved?
MR. MOHR:
rear deck
the house
Yes. It was all. The only addition was the size of the
that was put in secondarily. The primary decks around
were unchanged.
CHAIRMAN GOEHRINGER: And you contend that these decks are a focal
point to the house and therefore, ....
MR. MOHR: Well, I have pictures if you would like to see them.
CHAIRMAN GOEHRINGER: Sure. Is there anything else you'd like to
add sir?
MR. MOHR: No I don't.
CHAIRMAN GOEHRINGER: The only other question I have and should have
asked you before you sat down which you can answer from your seat.
These are all to remain open?
MR. MOHR: Yes.
~Page 3 - November 10~987
~ublic Hearing - Rob~t Mohr
Southold Z.B.A.
CHAIRMAN GOERHINGER: And not roofed in any way, manner or form?
MR. MOHR: No.
CHAIRMAN GOEHRINGER: We thank you. Are~there any questions from
anyone? Hearing no further questions, I'll make a motion closing
the hearing, reserving decision until later.
Ail in favor - AYE.
MR. MOHR: May I ask one question?'
CHAIRMAN GOEHRINGER: ,Sure.
MR. MOHR: Are you notified by mail?
CHAIRMAN GOEHRINGER: Yes. The decision is mailed to you.
MR. MOHR: And what is the approximate time lapse?
CHAIRMAN GOEHRINGER: Well, we're working on last month's decisions
tonight after this meeting. So we're approximately one month be-
hind. I have no idea how late this~.~eting will go or how late we
will be. So I can't tell you ~t thi~ particular time. We have a
rather large agenda tonight. I don't know if we'll get to it. We
will probably have a special meeting within the next couple weeks
and we'll finish up what we didn't finish up with tonight and then
go on to the new ones.
MR. MOHR: Thank you.
CHAIRMAN GOEHRINGER: You can give us a call in a couple of weeks
and we'll tell you.
September 21, 1987
Zoning Board
Town of Southold
Southold, New York 11971
Re: Building Permit #15697
Date of Issue: Feb. 23,1987
Dear Sirs:
I am writing this letter as an addendum to the application
I am also submitting as a result of the Building Departments
issuing a "Stop Work Order" on the above Building Permit
#15697. Prior to building the present house, in July of 1986,
I met with Mr. Lessard to seek information on applying for a
building permit. He advised me of the procedure. I indicated
that the plans are such that the front and rear decks were out
of the building envelope. He indicated that when the plans were
submitted, if a variance was in order they would be rejected and
then I w~uld have to go to the ZBA for a variance.
However, in February 1987 a building permit was issued
~thout a variance. Construction began in March of 1987. In
July of 1987 I went back to request what the procedure was for
an extension of the rear deck. I spoke to Mr. Fish who advised
me that I should submit the plans showing the requested changes,
which I did. Once again the extension for the deck was approved.
The deck was under construction when on Sept. 1,1987, Mr.
Lessard and Mr. Horton were inspecting a house behind my property
and they observed my deck. They indicated that it appeared too
large and infringed on the backyard/side~ard concept. They said
I needed a second survey which they said they requested and I
allegedly never gave the building department. I indicated that
it was never requested. Later they agreed that it was not
requested but that it was needed now. I complied with their
request. The survey showed the rear and front decks, as
indicated initially, that they extend out of the primary building
envelope.
The decks are 90% completed and I complied by sending
notices of variance to my neighbors, Tisbo, Kwasnik, Lubov
and Cozenzo. They all unanimously have no complaint. I
respectfully submit that the variance be granted based on the
above information contained in this letter. In good faith, I
followed protocol in applying for the building permit, made
known the facts~ and was approved, only to have a stop work
order issued now after construction.
Thank you.
Sincerely,
Robert Mohr
Andrea Mohr
IV. 84°21' OO"F'
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T'IgE~3
NOKOMIS t OAD _.
MAP OF ' ~ ~ "
SI TUA TED A T ~ ~ ~
RAYMOND W DONACK, SR.
l?lg NORTH OCEAN AVENUE SUITE C
J~iJ~I')~O'F:JDI J~W YOJ:II'{
(§lB)
DATE: SEPT. 4, 1987 ,JOB N° 87.,1942
TAX ~ N~: 1000-T8-03TJ,q. 2 SCALE: I" = 30'
TOWN OF SOUTHOLD
SUFFOLK CO~ N Y
ELEVATIONS IN AN ASSUMED DA TU~
AREA: 2'0, E25 SF. (0..4754 AC.)
JDS
NOTICE OF HEARINGS
NOTICE IS HEREBY GIV~
EN, pursuant to Section 267 of
the Town Law and the Code of
the To~vn of Southold, the
following hearings will be hi,Id
by~ ;the SOUTHOLD TOWN
BOARD OF APPEALS at a
Regular Meeting at the Southold
Town Hall, Main Road,
Southold, NY on TI,JESDAY,
NOVEMBER 10, 1987 at the
following times:
p.m. Appl. No. 3677-~
the Zoning Ordinance, Artic!e
Ill, Section 100-31 Bulk
for approval of decks
:g with insuf-
ficient rear and front yard set,
backs, and Article 111, Section
100-32 for approval of. accessory
garage structure located partly
in the sideyard area. Location of
Property: West Side of Wabasso
Street, Southold, NY; County
Tax Map Parcel No.
7:35 p.m. Appl. No. 3675M
RICHARD MULLEN. JR.
Variance to the Zoning Or-
dinance. Article VII. Section
100-71. Bulk Schedule. for per-
mission to construct showroom
addition with an insufficient
frontyard setback from the
north property line. Location cfi{ ·
Pr6t~r~: Corner of Main.Road
and the East Side of Cottage .
Place, Southold. NY: County
Tax Map Parcel No.
1000-62-3-20 and 19
7:35 p.m. AppL No. 3674-
RICHARD MULLEN, JR.
Special Exception to the Zoning
Ordinance. Article VII, Section
100-71, Bulk Schedule, for per-
mission to construct addition
fo[ showroom use incidental to
t~e existing car-sales business
use in this ~','B-I" General:
Business Zoning District· Loca-
doff of Property: Corner of
M~ai~r Road arrd East Side of
C~ta~e Place'~'~Southold, NY.
1000-62-3-19 and 20.
7:45 p.m. Appl. No. 3684-
WILLIAM AND VERA
MOLCHAN. Variance to the
~ Ordinance. Article II1.
Section 100-32, for permission
to locate accessory' inground
gw~mming pool, decks, and
f~ce enclosure in the frontyard
at~,a (in excess of 300 feet from
t~h~ front property line) al
pr~nisex located along ~he north
side of Ruth Road (north of
Su~iSet Drive), Mattituck, NY
COUnty Tax Map Parcel No.
: ,Pr,m~. , PP. . -
GEOrI~GE' ~ ~.~HADE.
Val'~ees~. t9 th~I ~ning
dinance, Article IlL Se~i~
1~-31, Bulk Schedule, for a~
proval of tho pm~sed insuffi-
cient lot area a~d width of two
p~rcels in thin,ending set-off
division of la~d located along
t~}~est sid~f Cedar Lane
(w~st of..g~mit Road),
~uthold, ~y; ~ounty ~ Map
~1 No., ~78-7-42.
7
:55 p.m.~ppL NO.'3673-
NICK MIH~LIOS. Variance to
the ~ning Ordinance, Article
Xl, Section 1~-119.2 for ~r-
mission to ]6cate inground
swimming p~l; 0~ks and fence
enclosure with an insufficient
setback from ~e top of bluff
along the ~fl Sound.
~cation of Pro~t~ north sid~
of The Strand ~t No. 124
Map of ~bble Beach Farms,
East Marion, NY; County T~
Map Parcel No. 1~30-2,74.
8:~ p.m. Appl No. 3680-
LEONARDU~'AND MARIE
VANOUDENALLEN. Variance ~
to the Zoning Ordinance, Arti-
cle Ill. Section 1~-31, Bulk
Schedul~ for permission to con-
struct addtion to dwelling with
an insufBcient setback from the
struct addition to dwelling with
an insuffici~t setback from the
close9 ~m of arc along the
front pro~rty line. Location of
Property: North Side of Sailors
Lane ta private road), approx-
imately 147 feet west of Little
Peeonic Bay" Road, Nassau
Point. Cutchogue, NY, C~n-
~y Tax Map Parcel No.
t~0-114-14-7.
8:05 p.m. 3683-
GEORGE_ L. PENNY INC.
Varil~nce tO tbn..~in~ Or-
di"an~'ce, A 8i~..~.?~. ~. tion
100-119.1, ~r
Dnce in the ~a at a
height nol ~9 ~%~ feet.
~cation of Pro~ff}: North
Side of Sound ~enue (or
North Road), and the South
Side of C.R. 48,;{~iddle Road),
Mattituck, N~County Tax
Map ~el N~ 1~-141-3-38.1.
8:10 p.m. AppL No. 3682-
GEORGE L. PENNY
~C./JERRY SHULMAN.
~ecial Ex.priori to the ~ning
Ordinanc~ A~icle VIII, ~ion
I~-80(B) for~ermlssion to
existing storage building for
warehousiog, and storage of
lumber and building materials
and supplies', in conjunction
with the ~isting lumber~rd op-
posi~,S~ Avenu~ ~ne
,Dist ' t'" -L' "
Locaton of Property~0u~
aoa9, mttitoc
T~x Map Parcel No. '
l~0-141-~L
~15 p.m.' ~p~l. Nof~678-
~VID ' ' ~FRENIg~.
~r~nce to the Zonng
--~ifi~nce, Article VII, Sec~0n-'
mission to ~pns~ruct additi~ to
existing buii~n~with an'ifisRf-
ficient setbackofrom the side
,{westerly) pr~'~.l~e.~ca_
tlon of Property: ~orner of
Main Road and
Peconic ~n~ .P~ig NY;
County %x Ma~7~¢~No.
1000-75-5-10. Zone District:
"B-I" General Bu~ness.
8:20 p.m, Appl. No. 3671-
ANDRE AND ~THOMAS
CYBULSKI, ~fi~nce to. the
Zoning OMin~ncedArticl¢ Ill.
Section I~30(A) for permis-
sion to utilizg~mls~ for book
~ublishing 0~tion~ Who esale
book sto~e, and updhted
280-A appr~al over the existing
private right-of-way for such
us~ Zone District: "A" R~iden-
rial and Agricultural. ~cation
of Property: West Side of Depot
Lane, CutchogUe
lax
8:35
addition with:
back flow
Article XI, Secti6n
Location ~
Shore Drive,
Parcel No.
8:45 p.m.
JOHN
RAEBURN.
final
and (b) for
vl, itli,'an
sufficient setl
o~ bluff along j
Sound, pqr
100-119,2.
Extending lend of a
private rig~f-way (traveled
over lands.O~..~ ~Okina from the
north
sidoL~f:Bridge Lane'Ex-
tension al~..lio~Road in a
northerly dir&~.to.t~he iub-
jecl prem~ei~id~n~fi~d on the
Suffolk County Tax Maps as
District 1000~ Section 73, Block
2, Lot 3,6 (prey. 3.4
9:00 p.m, Appl. No. 3672--
ANTHONY GAMBINO.
Variance to the Zoning Or-
dinance, Article XI. Section
100-119.2 for approval of 'the
construction of new dwelling
with an insfffficien~ setback
from nearest tidal wetlands
and/or ordinary highwater mar~{
alOng Deep Hole Greek. Loca-
tion of Property:. East End' of
Lugton Point Road; Mattitu{k,
NY:County Tax Map Parcel No.
1000-115-11-10.
The Board of Appeals will
hear at said time and place all
persons or representatives desir-
ing to be heard in each of the
above matters. Each hearing will
not start before the time allot-
ted. Written com..meres may be
submitted prior to' the conclu-
sion of the subject hearing, For
more information, please call
765-1809.
Dated: October 26, 1987
BY ORDER OF THE
SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER,
CHAIRMAN
· ' Linda Kowalski,
Board Secretary
- ~ IT-I0/29/87(30)
Page 34/-rhe Suffolk Times/October 29, 1987
Legal Notices
NOTICE OF HEARINGS
NOTICE IS HEREBY
GIVEN, pursuant to Section 267
of the Town Law and the Code of
the Town of Seuthold, the follow-
ing hearings will be held by the
SOIOLD TOWN BOARD
O~PEALS at a Regular
Meeting at the Southold Town
Hall, Main Road, Southold, New
York, on TUESDAY,
NOVEMBER 10, 1987 at the
following times:
7:30 p.m. Appl. No. 3677 -
ROBERT MOHR. Variances to
the Zoning Ordinance, Article
III, Section 100-31, Bulk
Schedule, for approval of decks
attached to dwelling with insuf-
ficient rear and front yard set-
backs, and Article III, Section
100-32 for approval of accessory
garage structure located partly
in the sidsyard area. Location of
Property: West Side of Wabasso
Street, Seuthold, NY; County
Tax Map Parcel No. 1000.78-3-~
Appl. No. 3675-
RICHARD MULI.~'.N, JR.
Variance to the Zoning Ordi-
nance, Article VH, Section 100-
71, Bulk Schedule, for permis-
sion to construct showroom addi-
lion with an insufficient fron-
tyard setback from the north
property line. Location of Prop-
erty: Corner of Main Road and
the East Side of Cottage Place,
southold, NY; County Tax Map
Parcel No. 1000-62-3-20 and 19.
7:35 p.m. Appl. No. 3674 -
RICHARD Mtn.l.mN, JR.
Special Exception to the Zoning
Ordinance, Article VII, Section
100-71, Bulk Schedule, for per-
mission to construct addition for
showroom use incidental to the
existing car-sales business use
in this "B-I" General Business
Zoning District. Location of
Property: Corner of Main Road
and the East Side of Cottage
Place, Southold, NY, 1000-62-3-
19and20.
7:45 p.m. Appl. No. 3684 -
WILLIAM AND VERA MOL-
CH.aN. Variance to the Zoning
Ordinance, Article II1, Section
100-32~ for permission to locate
accessory inground swim-
mingpeol, decks, and fence en-
closure in the frontyard area (in
excess of 300 feet from the front
property line) at premises ]o-
cared along the north side of
Ruth Road (north of Sunset
Drive), Mattituck, NY, County
Tax Map Parcel No. 1000-106-1-
3.
7:50 p.m. Appl. No. 3514 -
GEORGE P. SCHADE. Vari-
ances to the Zoning Ordinance,
Article III, Section 100-31, Bulk
Schedule, for approval of the
proposed insufficient lot area
and width of two parcels in this
pending set-off division of land
located along the west side of
Cedar Lane (west of Stunmit
Road), southold, NY; County
Tax Map parcel No. 1000-78-7-
42.
7:55 p.m. Appl. No. 3673 -
NICK MIHALIOS. Variance to
the Zoning Ordinance, Article
XI, Section 100-119.2 for pennis-
sion to locate ingsound swim-
mingpool, decks and fence enclo-
sure with an insufficient setback
from the top of bluff along the
Long Island Sound. Location of
Property: north side of The
Strand, Lot/t124, Map of Pebble
Beach Farms, East Marion, NY;
County Tax Map Parcel Nc.
1000-30-2-74.
8:00 p.m. Appl. No. 3680 -
LEONARDUS AND MARIE
VANOUDENALLEN. Vari-
ance to the Zoning Ordinance,
Article III, Section 100-31, Bulk
Schedule, for permission to con-
struct addition to dwelling with
an insufficient setback from the
closest point of arc along th~
front property line. Location of
Property: North Side of Sailors
Lane (.a private road), approxi-
mately 147 feet west of Little
Peconic Bay Road, Nassau
Point, Cutchogue, NY, County
,Tax Map Parcel No. 1000-111-
14-7.
8:05 p.m. AppL NO. 3683 -
GEORGE L. PENNY INC.
Variance to the Zoning Ordi-
nance, Article XI, Section 100-
119.1, for permission to erect
fence in the frontyard area at a
height not to exceed 61/2 feet. L~
cation of Property: North Side of
Sound Avenue (or North Road),
and the South Side of C.R. 48,
(Middle Road), MattitUck, NY,
County Tax Map Parcel No.
1000-141-3-38.1.
6:10 p.m. Appl. No. 3682 -
GEORGE L. PENNY INCJ
JERRY SHULMAN. Special
Exception to the Zoning Ordi-
nance, Article VIII, soction 100.
80(B) for permission to use exist-
ing storage building for wareh-
ousing and storage of lumber
and building materials and
supplies, in conjunction with the
existing lumberyard opposite
Sound Avenue. Zone District:
"C-Light Industrial." Location of
Property: south Sid~ of Se*md
Avenue (or North Road), Mat.
tituck, NY; County ~Tax Map
Parcel No. 1000-141-3-41.
8:15 p.m. Appl. No. 3676 -
DAVID LaFRENIERE. Vari-
ance to the Zoning Ordinance,
Article VII, Section 100-71, Bulk
Schedule, for permission to con-
struct addition to existing build-
ing with an insufficient setback
from the side (westerly)property
line. Location of Property:
Corner of Main Road and the
West Side of Peconic Lane,
Peconic, NY; County Tax Map
Parcel No. 1000-75-5-10. Zone
District: "B-I" General Busi-
ness.
8:20 p.m. Appl. No. 3671 -
ANDRE AND THOMA$
CYBULSKI. Variance to ~he
Zoning Ordinance, Article. III,
Section 100-30(A) for permission
to utilize premises for book pub-
lishing operations, ~holesale
book storage, and updated 280-A
approval over the existing pri-
vate right-of-way for such use.
Zone District: "A" Residential
and Agricultural. Location of
Property: West Side of Depot
Lone, Cutchogue, NY; County
Tax Map Parcel No. 1000-96-5-
1.2 and part of 1.1.
8:35 p.m. Appl. No. 3679 -
ROBERT AND DOLORES
SCHISSEL. Variance for per-
mission to construct open deck
addition with an insufficient set-
back from nearest wetlands per
Article XI, Section 100-119.2.
Location of Property: 710 West
Shore Drive, Reydon Shores
Map, Lot 9 and part of S, South-
old, NY; County Tax Map Parcel
No. 1000-80-1-46.
8:45 p.m. Appl. No. 3564 -
JOHN DEMPSEYfROBIN
RAEBURN. Variances: (a) for
final approval under New York
Town Law, Section 280.A over
the existing private right-of-
way, and (b) for permission to 1o-
cato proposed dwelling with an
insufficient setback from top of
bluff along the Long Island
Sound, per Article XI, Section
100-119.2. Location of Property:
Extending at the north end of a
private right-of-way (traveled
over lands of Bokina from the
north side of Bridge Lane Exten-
sion and Oregon Road in a
northerly direction) to the sub~
ject premises identified on the~
Suffolk County Tax Maps as Dis-
trict 1000, Section 73, Block 2,
Lot 3.6 (prey. 3.4 and 315).
9:00 p.m. Appl. No. 3672 -
ANTHONY GAMBINO. Van-
ance to the Zoning Ordinance,
Article XI, Section 100-119.2 for
approval of the construction of
new dwelling with an insufl'tcient
setback from nearest tidal wet-
lands and/or ordinary highwator
mark along Deep Hole Creek.
Location of Property: East End
of Lupton Point Road, Mat-
tituck, NY; County Tax Map
Parcel No. 1000-116-11-10.
The Board of Appeals will
hear at said time and place all
persons or representatives desir-
ing to be heard in each of the
above matters. Each hearing
will not start before the time al-
lotted. Written comments may
be submitted prior to the conclu-
sion of the subject hearing. For
more information, please call
765-1809.
Dated: October 36, 1987.
BY ORDER OF
THE SOUTHOLD TOWN
BOARD OF APPEALS
GER.a, RD P. GOEHRINGER,
CHAIRMAN
Linda Kowalski,
Board Secretary
5756.1TO29
Southold Town Board of
Appeals
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR..
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAW~CKI
TO WHOM IT MAY CONCERN:
Enclosed herewith as confirmation of the time and date
of the public hearing concerning your recent application is
a copy of the Legal Notice as published in the L.I. Traveler-
Watchman, Inc. and Suffolk Weekly Times, Inc.
Someone should appear in your behalf during the public
hearing in the event there are questions from board members
or persons in the audience. Please be assured that your
public hearing will not start before the time allotted in
the Legal Notice.
If you have any questions, please feel frae to 'call
our office, 765-1809.
Yours_ very tr~ul.~.~ ~ ~
G~RA~D P.'GOEHR~NGER J
CHAIRMAN
Enclosure
Linda Kowalski
Secretary and Board Clerk
COUNTY OF SUFFOLK
ss:
STATE OF NEW YORK
Patricia Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in Suffolk County;
and that the notice of which the annexed is a printed copy,
has been published in said Long Island Traveler-Watchman
once each week for ..................... ~ .... weeks
successively, commencing on the ......................
da ... ~,,~.~'~-~ ..... , ~ .....
Sworn to before me this ........... ~ ....... day of
........................ 19 J~7
Notary Public
BARBARA FORBES
lqotary Public, State of Ne~ York
No. 4806846
Q~lified in Suffolk C~mty _
Commission Expires ~ ~/ 19a~
/
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONiS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION
JOSEPH H. SAWICKI Notice of Determination of Non-Significance
November 10, 1987
S.E.Q.R.A.
APPEAL NO.: 3677
PROJECT NAME: ROBERT MOHR
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southold.
This board determines the within project not to have a signifi-
cant adverse_effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination made for any other department or agency
which may also have an application pending for the same or similar
project.
TYPE OF ACTION: ~ Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION: (a) Proposed deck additions with insufficient
rear and front yard setbacks, and (b) accessory garage structure located
partly in the side yard. '
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: Wabasso Street, SouZhold, NY
1000-78-3-34.2
REASON(S) SUPPORTING THIS DETEP~MINATION:
(1) An Environmental Assessment in the short, form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) The relief requested is a setback variance as regulated by
Section 617.13, 6 NYCRR, SEQRA
FOR FURTHER INFORMATION, PLEASE CONTACT: Linda 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
TOWN OF $OUTHOLD, NEW YOI~K
APPEAL FROM DECISION OF BUILDING INSPECTOR
APPEAL NO.
TO THE ZONING BOARD Of APPEALS, TOWN OF SOUTHOLD, N. Y.
....... of ...............................
Name of Appellant Street and Number
....~.' ...................................................................................... ~'..:.~....r'O~'.x..~P.~.-~'..'~HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPEC'rOR ON
APPLICATION FOR PERMIT NO ..... ~..~.~.~? ............... DATED .......'~'....~.....~.....~...../....~..~.....~.. ................
WHEREBY THE BUILDING INSPECTOR DENIED TO
Name of Applicant for permit _ ~',~/~/~',~,~_
Street and Number Municipality State
( ) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
1. LOC~'~ION OF THE ~J~OPERTY ~.~`~.~...~...~..~.`~..~.~C~.~.~``~`~`~`~`.4.~.~`~i~'~'~
Street /Hamlet / Use District on Zoning
1 strl ct 1000 Sect~ on~-/~, B1 ack 03 Lot,9~/~£ .....
.................................................................................. ur.:.~ Owner °~.q?(*~' ~/~'~e~
Map No. Lot No.
~ooo -~,~-a~ ~ ~.~ -.9~,~ Prior Owner ~,4~
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 //---27- Section ~c~-~_~/
3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box)
( ) A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A VARIANCE due to lack of access (State of New York Town Law Chop. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous oppeal (has)~) been mode with respect to this decision
of the Building Inspector or with respect to this property.
Such appeal was ( ) request for a special permit
( ) request for o variance
and was made in Appeal No ................................. Dated ......................................................................
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection
(t~ A Variance to the Zoning Ordinance
is requested for the reason that ~t'fiP
~'orm ~.~t (Continue on other side)
REASON FOR APPEAL Continued
1, STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because ;~.e(,a,v 7'~o.~, /~,,~.,.~ ~e~:~¥o,~' ~ ~ ~/~
2. The hardship created is UNIQUE and is not shared by oll properties alike in the immediate
vicinity of this property and in this use district because
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because 7~/4' ,,~'~ ,,~',~.7'~/c~,'¢c t' ~ ~0~~
~ ) ss
COUNTY OF ~-0~ ) ............
Sworn to this .............. ~..-.ff.. ..................... day of .......... ~.e..j2~e~..~...~77.. ............,9 .eft/
Comm~uion Ex,oiret_"t::,:. ::,
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter oT the Petition of
to the Board of Anneals of the Town of Southold
TO: ~'~a/o~e_ ~,¢~,~,~ '~"
~///'/rJ~4~O~AA~E HEREBY GIVEN NOTICE:
NOTICE
TO
ADJACENT
PROPERTY OWNER
1. Th~-Lt~L~e intention of the undersigned to petition the Board of Appeals of the Town of Southold
to request a~Varianc~ (Special Exception) (Special Permit) (Other) [circle choice]
2. That the property which is the subiect of the Petition is located adjacent to your property and is des-
cribed as follows:/
3. That the property which is the subject of such Petition is located in the fo|lowing zoning district:
4. That by such Petition, the undersigned will request the following relief:
5. That the provision~of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are A.:t~.cle
[ ] Section 280-"---A, New York Town Law for approval of access over right(s)-of-way.
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road. Southold, New York and you ma)' then and there
examine the same during regular office hours. (516) 7~5-1809.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such
hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the
Town of Southold and designated for the publication of such notices; that you or your representative have the
right to appear and be heard at such hearing.
Petitionerowners ' Names:
Post Office Addr~s
p 77~4 948
RECEIPT FOR CERTIFIED MAiL
NO INSURANCE COVERAGE PROVIDED
· (See Rg, verse) __
ROOF OF MAILING OF NOTICF
CERTIFIED MAIL RECEIPTS
ADDRESS
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
SS.;
~L-'m ~P~.~-.n,L~, .) £~ . A/I~/ , being duly s~'orn, d~po~e~ and-says that on'the .~.~'day
of . ' ~.[~'.~ ,Lj?._ ~.~9£~- , 1'9 -~Z~, deponent mailed a true copy of the Notice set forth ~n t~e re-
verse s~de hereof, eq?ected 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 ; that said Notices were mailed to each of said persons by
(certified) (registered) mail,
Sworn to before me this ~ 5
day of .~.,A/~,,.x. ,~ ,'-'19o~~
Notary /~blic
(This side does not have to
property owners.)
be completed on form
transmitted
to adjoi
BOARD OF APPEALS, TOWN OF SOUTHOLD
.,~ the Matter of the Petition of
/
to the Board of Appeals of the Town of Southold
TO:rr7 EII/$
NOTICE
TO
ADJACENT
PROPERTY OWNER
YOU ARE HEREBY GIVEN NOTICE:
1. T~ !mention of the undersigned to petition the Board of Appeals of the Town of Southold
to request ~~Special Exception) (Speeial Permit) (Other) [circle choice]
!
2. That the property which is the subject of the Petition is Io~ated adjacent to your property and is des-
cribed as follows: /'/~'_o .~'~-o~ ~ge.$.,, ¢,~,-v'~,~ /~-~c~L-~ Y-,~,s,~,~ ¥-~*~_~,
' 7e'- -
3. That the property which is the subject of such Petitio. D is located in the. following zoning district:
4. That by such Petition, the undersigned will request the following relief:
$. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are .z~ticle ~ Sec'~.c~. /O~ -- 3 /
[ ] Section 280-A, New York Town Law for approval of access over tJght(s)-of-way.
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
be flied in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there
examine the same during regular office hours. (516) 765-1809.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such
hearing in the Suffolk Times and in the Long Island Traveler. Mattituck Watchman, newspapers published in the
Town of Southold and designated for the publication of such notices; that you or your representative have the
right to appear and be heard at such hearing.
Petitioner
Owners' aames:
Post Office Address
,~'~rm,',,.,;u,'l/.~ ; /L'f. ~,/. 11) ~,~"
Tel. No. (~/~)
[Copy of sketch or plan showing proposal to be attached for convenience
purposes.]
P 408 676 862
PROOF OF MAILING OF NOTPCF
C~.RTZD' Z~*D NATT.
p 408 678 ~
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
SS.:
~[i~,/~.,~.dt'~'~'"~'~O'~?T~· ,. , residing at 37 ~. ~p/t//~ ~ .
~?~?'~ed,//~ / ~ ~ //P ~ ~ , being duly sworn, dep0s~ and ~ydthat on the ~day
of ~ C~' ' , 19 ~ ~ . deponent mailed a true copy of the Notice ~t forth on the re-
ve~ side hereof, directed to each of the above-named persons at the addresses set opposite thor respective
name; that the addresses set opposite the names of said persons are the addresses of said persons as shown on
the current ass~sment roll of the Town of Southold; that said Notic~ were mailed at the United Stat~ Post
rice at ~ ~/~ ? ~ t'//~ ;.~' ~.. ; that said Notices were mailed to each of said persons by
(certified) (registered) ~ail.
SwOrn to before me this
day of ~L~~, 19
~..~/r NotaryJPublic
(This side does not have to
property owners.)
be completed on form transmitJ~ed to adjoining
(a) ~n order %0 answer tho question'.{ in thio :lhort EAF ~s 13 a3:~um~d %ho~ tho
~ro~aror will us~ currently available tnfomn'~tlon conc~z'ninE tho proJnct and tho
Or o%hor lnvo~%iEations w~l bo tmdortalcon.
(d) F_~vironmentnl As~nn..men~
l* Will projec: rosul~ in a lnr'~e phy31cal c wmZo
to the project sits or physically alter more'
than 10 acres o~ land? ..........
2. Will thoro bo a ~Jor change to any ,mtquo of
unuuu~l lan~ fo~ found on tho ~itut .
).W~i p~'oJect alter or have a lar~;~ effect on
an oxiu%~n~ body of water? · ....
gro~watcr quali~y? · · .....
6. Will proJcct affect any t~oa~,m.d or endanKe~od
-plant or an4~l ap~cieo? . . . . . .
7. W~i pro3oc% rest~t In. ~raJar udvnrt,, t~ffect on
W~I pr~Jec% havo'a cmJor offoc~ cn vt:)uu~ char.-
ur~ of h~oric~ pro-historic, oz-
onvironmon~l area by a local aKuncy? , . ,
10. W~i project have a ~Jor off.ct on ~xlu~C or
11. Will proJact~rosul%' in ~%3~r tr3ffic problemn or
12. Will ~roJoc~ rogt~arly cau~;o ~b {e~ tional)le odor::,
Will proJoc~ have any impact on puHlc health or
mai'~t7 ?
l&. Will proJoc~ ~,ffoct tho OXA:;tlIH: ('~m;,{uz{l%7 bY
~--- '.G: '~ / Its
Yen ~
You
C~UESTIONNA[RE TO BE COFIPLETED AND SUBMITTED
WITH YOUR APPLiCATIO~I FORI4S TO THE J]OARD OF /~-PEALS
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...~r 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?
2. Are there existig~structures at or below ground level
such as patios,~fo~nda~io~s~ etc? '
4. Are there a~z,v~-~.xisting or proposed fences, concrete
barriers,~ec~, e~c?
5. If project is proposed for an accessory building or
structure, is total height at more than 18 feet above
average ground level? State total: ft.
Yes ~
Yes N~
If project is proposed for principal building or
structure, is total height at more than 35 feet above
average §round~l? State total: ft.
Are there other premises under your ownership abutting
this parcel? If.yes, please submit copy of deed.
e
Are there any building permits pending on this parcel
(or abutting land under your ownership,-if any)?
State Permit # and Nature:
N~,
Yes -~)
Yes 'N~
Yes (~
Yes ~
Do state whether or not applications are pending
concerning these premises before any other department
or agency (State, Town, County, Village, etc.):
Planning. Board
Town Board
Town Trustees
County Health Department
Village' Of Greenport
N.Y.S.D.E.C.
Other
,es
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes ~
10. Is premises pending a sale or conveyance?
If yes, please submit copy of names or purchasers
and conditions of sale,(from contract).
ll. Is new construction proposed in the area of contours
at 5 feet or less as exists? ~-
12~ If new construction is proposed in an area within
75 feet of wetland grasses, or land area at a~ eleva-
tion of five feet or less above mean sea level, have
you made application to the To~n Trustees for an
inspection for possible waiver or permit under
the requirements of Ch. 97 of the Town Code?
13. Please list present use or operations conducted upon the
subject prgperty at this time ,e'e~ ~c,~/~
and proposed ~'oX~ /~ ~d~_m~ ~
*Please submit photographs for ~he record.
I certify that the above statements are true and are being submitted
reliance by the Board of Appea_ls in c?nsidering my application.
Signature (PPopercy Owner) (Authorized A9ent)
for
§ 97-13
WETLANDS
§ 97-13
TOWN -- The Town of Southold.
TRUSTEES -- Tho Board of Trustnes of tho Town of
Southold. [Added 6-5-84 by L.L. No. 6-19841
WETLANDS [Amended 8-26-70 by L.L. No. 2-1970;
85 by L.L. No. 6-1985]:
A, TIDAL WETLANDS:
(I) All lands generally covered or intermittently cow
ercd with, or which border on, tidal waters, or'lands
lying beneath tidal waters, which at mean Iow title
are covered by tidal watertl to a maximum depth of
five (5) feet, including but not limited to banks,
bogs, salt marsh, swamps, meadows, flats or other
Iow lying lands subject to tidal action;
(2) All banks, bogs, meadows, flats anti tidal 'marsh
subject to such tides and upon which $rrows or may
grow tome or any of the following: salt hay, black
grass, saltworts, sea lavender, tall cordgrass, high
bush, cattails, groundsel, marshma{low and {o,.v
march cordgrass; and/or
(3)
All land immediately adjacent to a tidal wethmd as
defined ill Subsection At2) and lying within seven-
ty-five (75) feet landward of the moat l:mdward
edge of such a tidal wet{am}.
FRESIIWATER WETLANDS:
(1) "Fr'~!shwater wet. lands" as doflncd io Article 2.1, Ti-
tle 1, § 21-0107, Subdivisions l(a) to ltd) inclusive,
of the Environmental Conservation Law of the State
of New York: and
(2) All land immediately adjacent to a"freshwater wet-
!and," as defioed in Suhsection Bt1) and lying with-
m seventy-five (75) feet landward of tile most land.
ward edge of a "freshwater wetlaad."
9705
TAX MAP
I)ESll ;NATION
D~ 1000
078.00
~k 03. O0
I.o,0h034.002
O
CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT--THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY.
;.'01,1tS
THIS INDENTIJRE~ made the .~'~'~ day of December , nineteen hundred and eighty-three
B£1'~EN MICHAEL C. TISBO and ANTOINETTE TISBO, his wife,
residing at 62 Stratford Place, Syosset, New York
~rtyofthefirstpa~,and
ROBERT T. MOHR and ANDREA G. MOHR, his wife,
residing at 37 Mt. McKinley Avenue, Farmingdale, New York
party of the second part,
WrrNE.~ErH, that the party of the first part, in consideration of Ten Dollars and other valuable consideration
paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs
or successors and assigns of the party of the second part forever,
ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate,
lyingand being i~a~x at Laughing Water, near Southold, Town of Southold,
County of Suffolk and State of New York, more particularly bounded
and described as follows:
BEGINNING at a point on the westerly side of Wabasso Street, said
point being a distance of 437.70 feet measured along the westerly
side of Wabasso Street from the intersection formed by the north-
erly side of Nokomis Road with the westerly side of Wabasso Street;
running thence South 84° 21' West, 110.00 feet to a point;
thence North 5° 45' West along land now or formerly of Kwasnik,
187.50 feet to a point;
thence North 84° 21' East along land now or formerly of Millwood
Homes, 110.00 feet to a point on the westerly side of Wabasso
Street;
thence South 5° 45' East along said street, 187.50 feet to the
point or place of BEGINNING.
Premises known as Wabasso Street, Laughing Water.
Being the same premises conveyed to Michael C. Tisbo and Antoinette
Tisbo, his wife by Deed dated 3/14/83 and recorded on 4/11/83 in
Liber 9340, Page 132.
TOGETIIER with all right, title and interest, if any, of tile party of the first part in aud to auy streots and
roads Mmtting the almve descrihed premises to the center lines thereof; TOGETIIER wRh tile appurtenances
and all the estate aud rights of the party of the first part in and to said premises; TO HAVE AND TO
I IOl.I) the premises berein granted unto the party of the second part, the heirs or successors and assigns of
tile party of the second part forever.
.~D tile party of tim first part covenants that tile party of the first part has not done or suffered anything
~4th~reby the said ~remises have been encumbered in any way whatever, except as aforesaid.
A~lq~'the r, artv of the first part, in conmliance w th Sect on 13 of the L en Law covenants that the rt
~ f~pa:rt ~ill r~etve tile cons~deratton for th~s conveyance and wdl hold the right to receive such consid-
eration as a trust fired to he applied first for {he purpose of paying tile cost of the improvement and will apply
the same first to the l~ayment of the cost of the improvement before using any part of the total of the same for
any other purpose.
The word "party" shall he construed as if it read "parties" whenever the sense of this indenture so requires.
IH WrrNE,~ WHEREOF, the party of the first part has duly executed this deed the day and year first above
M C,AgL C.
ANTOINETTE TISBO
STATE OF NEW YORK, COUNTY OF ~h~'):).,K,S)~tJ' ss.
On the ~"'"~'day of December 19 83, before me
personally came MICHAEL C. TISBO and
ANTOINETTE TISBO
to me known to be the individual described in and who
executed the foregoing instrument, and acknowledged that
they executed the same,
STATE OF NEW YORK, COUNTY OF ss:
On the day of 19 , be(ore me
personally came
to me known to be the individual described in and who
executed the foregoing instrument, and acknowledged that
executed the same.
NOTARY PUBLIC
STATE OF NEW YORK, COUNTY OF ss:
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
, the corporation described
in and which executed the foregoing instrument; that he
knows the seal of said corporation; that the seal affixed
to said instrument is such corporate seal; that it was so
affixed by order of the board of directors of said corpora-
tion,, and that he signed h name thereto by like order.
STATE OF NEW YORK, COUNTY OF ss:
On the day of 19 , before me
personally came
the subscribing witness to the foregoing instrument, with
whom I am personally acquainted, who, being by me duly
sworn, did depose and say that he resides at No.
;
that he knows
to be the individual
described in and who executed the foregoing instrument;
that he, said subscribing witness, was present and saw
execute the same; and that he, said witness,
at the same time subscribed h name as witness thereto.
MICHAEL C. TISBO and
ANTOINETTE TISBO, his wife
TO
ROBERT T. MOHR and ANDREA G. MOHR,
his wife
ii
Recorded By:
I~'UFE TITLE INSURANCE
Company of New York
t2?W: Main atreet
Riverhead, N.Y.
SECTION 078.00
BLOCK 03.00
LOT 034.002
COUNTY OR TOWN Suffolk
TAX BILl.lNG ADDRESS
County
Recorded Al ReQuest el The Title Guarantee Company
RI]TURN BY MAIL TO:
FREDERICK J. TEDESCHI, ESQ.
218 Front Street
P.O. Box 562
Greenport, NY
zlpNo. 1194,
-< Fz .&
COUNTY OF SUFFOLK __. SOU'?hOLD
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