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HomeMy WebLinkAbout3528 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L..I., N.Y. 11cj'71 TELEPHONE (516) 765-1809 ACTION OF THE Appeal No. 3528 Application Dated 3une 18, 1986 TO: Mr. and Mrs. Richard McManus 96 Webster Street Westbury, NY 11590 ZONING BOARD OF APPEALS [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on July 31, 1986 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 [ ~ Request for Variance to the Zoning Ordinance Article III , Section 100-31, Bulk Schedule [ ] Request for Application of RICHARD AND ALICE MCMANUS for a Variance to the Zoning Ordinance, Article III, Section 100-31 and Section 100-13(2B) for approval of the construction of an open porch in excess of 30 sq. ft. in area having an insufficient setback from the front property line at 710 Cedar Lane, East Marion, NY; County Tax Map Parcel No. 1000-31-6-5.1. WHEREAS, a public hearing was held and concluded on July 17, 1986 in the Matter of the Application of RICHARD AND ALICE MCMANUS under Appeal No. 3528; 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, at said hearing all those who desired to be heard were heard, and their testimony was recorded; and WHEREAS, the board has carefully considered all testimony and document- ation submitted concerning this application; and WHEREAS, the board made the following findings of fact: 1. By this application, appellants request a Variance from the Provi- sions of Article III, Section 100-31 and Section 100-13 as disapproved by the Building Inspector June 11, 1986 for approval of the construction of a front open porch attached to dwelling, pursuant to Building Permit #14718 dated March 31, 1986, with a reduced frontyard setback at 33½ feet. 2. The subject premises is identified on the Suffolk County Tax Maps as District 1000, Section 31, Block 6, Lot 5.1 and contains an area of .67 of an acre. A vacant land Certificate of Occupancy under No. Z9712 was issued October 16, 1979 by the Building Department. 3. The subject premises is improved at the present time with a new dwelling under construction as indicated by Building Permit #14718 issued (CONTINUED ON PAGE TWO) DATED: August 19, 1986. Form ZB4 (rev. 12/81) CHAIRM3%N, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3528 Matter of RICHARD AND ALICE MCMANUS Decision Rendered July 31, 1986 March 31, 1986 having setbacks of: (a) 33½ feet from the northeasterly corner of the structure and 35~ feet from the southeasterly corner of the structure; (b) 42½ feet from the southerly property line; (c) 72 feet from the westerly property line and 120 feet from the northerly property line, all as shown by survey amended February 24, 1986, prepared by Roder- ick VanTuyl, P.C. 4. Article III, Section 100-31, Column "A" of the Bulk Schedule requires a minimum frontyard setback at 35 feet; Article I-Definitions "building area" excludes open porches projecting not more than five feet from the exterior walls and having an area of less than thirty (30) sq. ft. 5. The open front porch as constructed contains an area exceeding 30 sq. ft. and is not excluded as "building area." 6. It is the opinion of the board that the variance requested is very minimal, being a variance of one and one-half feet (1½), and the board mgrees with the reasoning of the applicant. In considering this appeal, the board finds and determines: (a) that sufficient practical difficulties have been shown to warrant the granting of this variance; (b) the circumstances are unique and not shared by all other properties in the neighborhood; (c) there will be no substantial change in the character of the neighborhood or detriment to adjoining properties; (d) the relief requested is not substantial; (e) the difficulty cannot be obviated by some method feasible for appellant to pursue other than a variance; (f) that the variance will not in turn cause a substantial effect of increased population density or be adverse to the safety, health, welfare, comfort, convenience and order of the town; (g) that the interests of justice will best be served by allowing the variance, as applied. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that the relief requested under Appeal No. 3528 in the Matter of the Application of RICHARD AND ALICE MCMANUS for approval of the construction of front open porch with a frontyard setback at 33~ feet, BE AND HEREBY IS APPROVED AS APPLIED. Vote of the Board: Ayes: Messrs. Goehringer, Doyen and Sawicki. (Members Grigonis and Douglass were absent.) This resolution was duly adopted. lk GERARD P. RECEIVED AND FILED BY sou o ,~.'oo Town Clerk, Town of $outhold 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 public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall~ Main Road, Southold, NY at a Regular Meeting commencing at 7:30 p.m. on THURSDAY, JULY 17, 1986 and as follows: 7:35 p.m. Appeal No~ 3529 -PAUL KELSCH. Variance to the Zoning Ordinance, Article III~~ Section 100-31 for permis- sion to construct deck addition insufficient rearyard setback~ NY; County Tax Map Parcel to existing dwelling with an at 405 Wendy Drive, Laurel, 1000-~27-08~19. 7:40 p.m~ Appeal No~ 3526 - BRU~E.'~ND SHIRLEY SIEVERMAN. Variance to the Zoning Ordinance, Article ItI~ Section lO0-31 for permission to construct deck addition to existing dwelling and attaching an existing swimmingpool, leaving an insufficient setback from the southerly (side). ' proper~y line on this corner lot. Loc~tion of Property: 50 Aquaview Avenue and Rocky ~oint Road, East-M~rion~ NY; County Tax Map Parcel No. 1000~21-3-1. 7:45 p.m. Appeal No. 3528 - RICHARD AND ALICE McMANUS. Variance to the Zoning Ordinance~ Article I}I, -Section '00~31 and Section 100-13(2)[B] for approval of the construction of an open porch in excess of 30 sq. ft~ in area, having an insufficient setback from the front proper~y l~ne at 710 Cedar Lane, East Marion~ NYi County Tax Map Parcel No. 1000-31-6-5.1. ~/ No~ 3531 = ALBERT J. BRENEISEN. Ordinance~ Article XI, Section 7:50 p.m. Appeal Variance to the Zoning lO0-119.2[B) for permission to construct pool, deck and fence enclosure within 75 feet of mean high water along Dawn Lagoon, 715 Dawn Drive, East Marion, NY~ County Tax Map Parcel No. 1000-35-5~16; Cleaves Point Section III, Lo.t #71. -~ 7:55 p.m. Appeal No. 3521 - ANDREW AND WILLIAM GOODALE. Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to reduce living area in preexisting, ncncon- forming dwelling unit in this "B-l" General Business Zoning ~istrict, to less than 850 sq~ ft~ Location of Property: Page 2- Notice of Hearings Southold Town Board of Appeals July 17, 1986 Regular Meeting ~655'.MaT=~< Ro~,d~a~r~e.q~~ NY; County Tax Map Parcel No. 1000- 122-6-30.1 (or 3(}). 8:00 p.m. Appeal No. 3523 STEVE KALAIJIAN. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk and Parking Schedule, for approval of insJfficient lot area of prooosed Parcel No. 2 in this two-lot division/set,off located on the north side of a private right-of-way extend%ng off the north side of Bergen Avenue~ Mattit~ck~ NY~ County~Tax Map Parcel No. 1000-112g01-18. 8:]~ p.m. Appeal No. 3517 ~ ROSALIE GOWEN. Variance to reconsider the rel~ief requested ~nde.r Appeal No. 3450 for Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of: ll) insufficient lot area, (2) insufficient lot-width; (3) insufficient lot dept~, of two parcels as proposed tn this pending set-off/redivisfon of-qand located at ~he.corners of Zena Road, Cpt,-~i~d Drive and~Central Drive, Mattituck= NY~ Cpt~ Kidd's Estates Filed Map #1672, Lots 134, 153, 154; County Tax Map Parcel No. 1000~106-02~32 and 43. 8:15 p.m. Appeal No. 3522 NORTH FORK BANCORP.. Variance to the Zoning Ordinance~ Article VII, Section 100-70(C)[2] for permission to install: (1~ large 6n~premises identification sign in excess of the maximum height and width requirements, and (2) second on-premises ~dentification/d~rectory sign, at premises known as 9025 Mai~ Road, Mattituck, NY; County Tax Map Parcel No. 1000-122-6-020. Zoning District: "B-Light Business. 8:20 p.m. Appeal No. 3527 - ROBERT AND CHARLOTTE WISSMAN. Variances to the~Zoniog Ordinance: (a) Article III, Section 100-31, Bulk Schedut6~' for location of new single-family dwelling with reduced sideyards, frontyard, and.?ea~yard setbacks; and (b~ Article ~I~]Secti6n~l~OO-ll9.2(B) for location of new dwelqing w~th- reduced setback from highwater mark at.Fordham Canal. Location of Property: 715 Gull Pond Lane, Greenport,. NY~ County Tax Map-.No. 1000~35-04-007.6 (referred to as Lot "C~' ~n prior subdivision records). 8:30 p.m. Appeal No.'3428 -'BERTHA KURCZEWSKI. Variance to the Zoning Ordinance, Article III, Section 100-3t, Bulk and Parking Schedule~ for approval of insufficient area and frontage (lot width) of two parcels tn this pending set-off ~ivision of land, located at the east side of Depot Lane, Cutchogue, NY; Page 3 Notice of Hearings Southold Town Board of Appeals July 17~ 1986 Regular Meeting County Tax Map Parcels No. 1000-102-02-003 and 025. 8:40 p.m. Appeal No. 3513 STEPHEN SHILOWITZ..Variance to the Zoning Ordinance, Article XI, Section 100-119.2(B) for permission to construct condominium complexes within 75 feet of bulkhead and tidal water, at the west side of Sixth Street, Greenport, NY; County Tax Map' Parcel No. 1000-49-01-25~1. Zoning District: "M-Light Multiple." (Recessed from June 19, 9:00 p.m. Appeal No. 3510 RICHARD AND RUTH ZEIDLER. Variance to locate pool, deck and fencing within 75 feet of bulkhead and tidal water, at 100 McDonald's Crossing, Laurel. (Recessed from June 19, 1986) 1986 ) 9:15 p.m. Appeal No~ 3489 PAUL LEARY for Reveral of Building I-nspector's ~ecision concer~-ing property of FRANK E. AND MARY BROPHY, 75 Second Street, New-Suffolk. (Recessed from June 19, q986). The Board of Appeals will hear at said time and place all persons or representatives d~siring to be heard in each of the above hearings. Written comments may also be submitted prior to the conclusion of the subject hearing. For more information, please call 765-1809. Dated: July 2, 1986. BY ORDER OF THE SOUTHOLD TOW~ BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN ATTENTION ~EWSPAPERS: Please pub]is~ THURSDAY, JULY 10, 1'986 and forward two ~ffida~its of publication on or before 7/15 to: Board of Appeals, Main Road, Southold, NY 1'1971. /'~ FORNI NO. 3 /~% TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No .............................. ,o . .~.~..~0~,~... ~ .g~~ ...... .~.,...%~..~.`..~...o~. ............. .~.~..~...~n.~.~. ~...~.... ~'J~E^SE T^KE NOTICE that :~ou~: ap¢io~tion dated ..~ ~.~.~. ~? ......... ,19 .~. ¢.. ~o~.on o~Pro~er~ .~%~:.. ~...a~. ~..~...~... .... ~.~..~....'~.. ~... ~...~.~.~ County Tax Map No. 1000 Section ..... ~..~...~... Block ...... ~:~J .~. .... Lot ...~.~ .\ ....... Subdivision ................. Filed Map No ................ Lot No .................. is returned herewith and disapproved on h% following grounds . . ~.~..~.~. ~. ~..~o. ~ .~...~. ~. ....... ~¢..~.~ &.~ ....... ~~~ ............. Building Inspector RV ~/80 TOWN OF SOUTHOLD, NEW YORK JUN .8 APPEAL FROM DECISION OF BUILDING INSPECTOR - T~O-~HEZO_NI.NG BOARD OF ^PPEALS,,TOW, N OF SOUTHOLD~,N~ .Y. ..... ...................... Name of Appella,r~t Street and Number ......... ~..~........HEREBY APPEAL TO ............. 7 .... .................................. Stat~ THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of ..... .~, .~,~, .,.. ~ ~, ~..~.~ ,,~.. ~ ,~... ..... ~ ,~,..~..z,... ,~/~. ' .............. ~ ~.: ..,../.,/.,~... Street and Number Municipality " State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY ...~.../..:',~......C....~.~;~.,~....~.....~/.,~l~..~-.~..~...,~.'. ........................... Street Use District on Zoning Map da.,..~..~...~....O..,~../..,~'..~..,.~..~.~....~,..~:.~..,Cur'rent, O~ner Mop No. Lot No. 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.) 3. TYPE OF APPEAL Appeal is made herewith for ( Ir~ A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (bee) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (V~ A Variance to the Zoning Ordinance ( ) is requested for the reason that ~-~ ]~orm ~.~! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficuities~,~n~e~ ;~: sary HARDSHIP because /~v~/~,~Z~-~,~,j z~,~,,,~.~ ~-~ ~~ /~"~ 2 The qardshiD created is UNIQUE and is not shared Dy aU properties alike Jn the immediate vicinity of this property and in this use district because I~--~'e,/~7~-.~ ~/-)-~ .~/.~*~ /,-f 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because ~T-- STATE OF NEW YORK ) ) SS COUNTY OF~-~=~ x~/<~) S~gnature Sworn to this ......... ../...~. .............day of ....... ~?.-..~-. ................................. 19~~' YOW'N OF $OUTHO[,D ~ROPERTY RECORD CARD /~ /~* ~ oWNER STREET VIL_ LAGE _ _- _DISTRICT J SUB. LOT FORMER OWNER N: E .-'-- .~ - ~ ACREAGE g~o5 //O0 ~V /~bO / AGE BUILDING CONDITION .__ NEW NO~AL BELOW ABOVE FRONTAGE ON WATER~ Tillable 2 DOCK q'illable 3 · Woodland Swampland BrushJand House Plot Toro I r,,. r. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L..I., N.Y. llg?l TELEPHONE (516) 765-1809 APPEALS BOARD ' MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, .JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI August 19, 1986 Mr. and Mrs. Richard McManus 96 Webster Street Westbury, NY 11590 Re: Appeal No. 3528 (Variance) Dear Mr. and Mrs. McManus: Attac~-ed determination Office of the hereto is a copy of the official findings and recently rendered and filed this date with the Clerk concerning the above matter. In the event your application has been approved, please be sure to return to the Building Department .for approval of any new construction, in writing, or other documents as may be applicable. If this application involves a pending subdivision or site plan, please return to the Planning Board for further processing by their office. 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, GERARD P. GOEHRiNGER Enclosure CHAIRMAN Copy of Decision to Building Department By Linda Kowalski Suffolk County Planning Commission. DEPARTMENT OF PLANNING Town of Southold Zoning Board of Appeals COUNTY OF SUFFOLK P£TER F', COHAL. AN SUFFOLK COUNTY EXECUTIVE 360-5206 lEE: E. KOPPELI~AN DIRECTOR OF PLANNING August 26, 1986 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, 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) Howard Reinhart & Charles Hydell Andrew & William Goodale North Fork Ban Corp. ~f~r. & Mrs. Richard McManus North Fork Friends of Kenyon Tuthill 3515 3521 3522 3528 3535 Very truly yours, Lee E. Koppelman Director of Planning. GGN:gce S/s Gerald G. Newman Chief Planner APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHDLD, L.I., N,Y. 11971 TELEPHONE (516) 765-1809 Pursuant to Article XIII of the Suffolk County Char~er, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: X× Variance from the Zoning Code, Article III, Section100-31,Bulk Schedule Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.:3528 Applicant: Mr. and Mrs. Richard McManus location of Affected Land:710 Cedar Lane, East Marion, NY County Tax Map Item No.: 1000- 31-6-5.1 Within 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 Land Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area or Exi. sting or Proposed Right-of Way of Any Stream or Drainage Owned by the County or for Which The County Has Established Lines, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. Channel Channel COMMENTS: Applicant is requesting RRR~RRxIR approval of the construc- tion oF ~n np~n pn~nh in ~v~ of 30 ~. ft. in area havinq an insufficient ~etback from fron~ p~rp~ey l~e Copies of Town file and related documents enclosed for your review. Dated: Aug. 22, 1986 Secretary, Board of Appeals Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI August 19, 1986 Mr. and Mrs. Richard McManus ~6 Webster Street Westbury, NY 11590 Re: Appeal No. 3528 (Variance) Dear Mr. and Mrs. McManus: Attached hereto is a copy of the official findings and determination recently rendered and filed this date with the Office of the Clerk concerning the above matter. In the event your application has been approved, please be sure to return to the Building Department for approval of any new construction, in writing, or other documents as may be applicable. If this application involves a pending subdivision or site plan, please return to the Planning Board for further processing by their office. Yours very truly, GERARD P. GOEHRINGER Enclosure CHAIRMAN Copy of Decision to Building Department By Linda Kowalski Suffolk County Planning Commission. Please 'do not hesitate to call either our office (765-1809) or that of the Building Inspector (765-1802) if you have any questions. NOTIdl~ OF ~EA~INOS. thc ~n ~d i~ ~bf' the ~n 0f~ held by the S'OUTHOLD~. ~WN ~ARD OF ~PEA~ at thc ~ut~L~ ~1: Main ~ad, ~t~Y ~t 7:30 p.m.' on JU.t~ 17, 1986 ~ ?oll0ws~ PAUL KELSCH,.V~q~'~0 thc ~ni~] sugficiem ~ ~tback~ 405 Wendy Dri~ County ~.MaO ~1' 1~127-08.19. :~ ~? ;~ ~ 7:~ p.m. Ap~l~0~.' ~Z~' - BRUCE SIEVERMAN. V~i~ tO ~mng Ordmanc~Uc~ .Ill, Scclion i~31 fo~ ~sion construct deck addition to ~sting dwellin~ and ~t~hing ~ '~ existing swimming ~1~ leaving~ an ~uf~c ent setback from th~ somherly (side) pro,ny l~ne 0n COUNTY OF SUFFOLK ss~ STATE OF NEW YORK ~.._70~0-31-6-5.1. - :50 p.m. Appeal No. 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 Travel. gr-Watchman once each week for ........................... weeks successively, commencing on the ...................... day ..... , Sworn to before me this ../.. ..... pm. k;,.' ..... 1 9. BARBARA FORBES Notary Public, State of New York No. 4806846 Qtmlified in Suffolk,County Commission Expires ~ ~f ~/ 19 ~ this corner lot. Location, of~ Property:50AquaviewAvenue.,,~iia/+ ,~ ~nl ~MI ince Arti . . - o..,e ~..~ ~ ~ , - and ~cky ~mt Road ~ ~ 7:4~ p.m. Appeal No. 3~.., 1o~ {~., rficl~m Notary Public RICHARD ANn AL~ i~f', . , ~ ,~ ~cp~h~ft o~l ~p - ~nmg ~nc~ ~t~cle Section 1~-31 ~d ~ctio . ~ ~ thc corne~ of ~na Road, Capt, 1~-13(2)[B] for approval of t . . . * . ~ Kidd Drive and Central Drwe, construcUon of an o~n ~w~ Mattituck ~NY; Capt. Kidd's m ~ess o~ ~ sq.. fl. m am~:.~ Estates Fil~ ,Map No. 1672, havm8 an msuffiocnt setb~k~ from thc f~nt pro~rty Hne~ J NY; ~uhty ~ Map ~1 ALBERT J. BRENHISEN. ' ~P. ~an~ to t~ Ordina .m~, Article Vll, I for Omuh- in Variance to the dinanc~ Article. [00-119.2 (BI for i~'mission construct big{ ~) ,,~ 715 Dawn Drive, Fast 1000-35-5-16: Rz~d; Don , 7:55 ANDREW AND ,r GOODAL~ ' Zoning No. Section 100-M for ,~HARLOT'~ reduce living area in Variances tO this "B-I" Zoning District~ m sq. 7655 8:00 p.m., STEVI~ KALAIJIAN~ Variance to the dinance, 100-31. Bulk and Schedule,' for app?o~a ficient lot~a~a of: Parcel No. 2 in this tw~, Jot sion/m-off I°C-at~ Ga the ~tb.' ,.: re. qords). side ora pd~ate ri~h{-of-way tendi~lPoff ;the .~Ort~-side Bersm A~n6~ coa y m,. of nmv single-family dwelling with reduced ~.; ..~..hf~nt~rd, and 'rearYard ~etbacksl and (b) Anl-. cie XI, Section 100-I19.2(B) for' · {ocation of new dwelling with reduced setback from highwate~ mark at Fotdham Canal, Loca- ': ?15 Gull Pond NY; County Parcel N°. In prior subdivision day of 8:30 p.m. Appeal No. 3425- BERTHA KU ROZI~WSKI. Variance to the Zoning Or- dinance, Article Ill. Section 100-31, Bulk and Parking Schedule, for approval of insuf- ficient area and 'frontage (lot width) of two parcels in this pen. ding set-ot'f~ division of located at the east side of Depot Lane, Cutehogue, NY; County Tax Map Parcels, No. 1000-102-02-003 and 025. 8:40 p,m. Appeal No 3~I3- STEPHEN ~ SHILOWI~Z; Variance to the Zoning Or'- dinance, Article XL Scctiofi 100-119.2(B) for permission t~ construct condominlum com- plexes within 7~ feet of bulkhead and tidal water, at the west side of Sixth StreW, Or~n- NV; C?n. tv.,T x. _Map lng District: .M-Lisht ' pi<' (Rtce~xl from /use 19{6). i , ,+. ' 9:00 p.m. API~'n~ No. 3510- , RICHARD AND RUTH . ZEIDLER. Variunee to pool. deck. and fencing within 75 f~et of bUlkhe~d, and tidal ,. W~'-~. at 100 McD0ii~ld'~0~' 19, 1986).. :: 9:D p.m,'Al~, No PAUL LEARY for ~ i Building Inii~'~r'a E, AND MAI~/BROPHY, ?$ ,~ond Strut, New Suffoll~. (Ik-.~.~ed from June 19, The BoaM, Of Apl~d~ will hear at said ti~e and Pla~ all. persona or tq)r~amtives lng to he h~d lu ~a~h uf th~- above heattn~. Writtm ¢om7, ments may aba I~ prior to the concision of tl~ subject hear{9{. FO~f Ino~ marion, plea~'cail 76~ 1809C Dated: July;2, 19{6" BY ORDImR OF TI. lB SOUTHOLD 3fOWN riGA{U) O{r OERAPJ) p.'OoEHRIHOBI~ CHAIIUv!AN · ' ~T*7/10/a60I)  toIS HEREBY~[VEN, Town Law and the Co~/' the N 8:15 P~[i~ppea] No. 3522 - Town of Southold the f0~wing ~ OR'IH ~FDRK BA~ ublic h ' ' ' ~ ' ~ V ' ,p,t ~_e_m_-_lnp will be held by , arlance to the Zoning Ordi- the aOUTHOLD ~OWN , nonce, Article VII, Section lO0- BOARD OF'APPEAL~ at the Southold Town Hall, ~ Read, Southold, NY at a Regular Meet- ing commencing at 7:30 p.m.'on TIIURSDAY, JULY 17, 1986 and as follows: 7:35 p.m. Appeal No. 8529 - PAUL KEL~CH. Variance to 70(C)[21 for permi~ion to install: (1) large on-premises identifica. tion sign in excess of tho maximum height and width re- qnirements, and (2) second on- p?mises identification/directory sign, at premises known as 9025 Main Road, Mattituck, NY; the Zoning Ordinance, Article County Tax Map Parcel No. III, Section 100-31 forpormissio~i ,1,000-122-6-020. ZO.n ng Diatr ct to construct deck addition't~i~" B-IAghtBusiness. existingdwellingwithaninauffi. ' 8:20 p.m. Appeal No. 3527 - cient rearyard setback, at 40~ ROBERT AND CHARLOTTE Wendy Drive, Laurel, NYI ~ WI~MAN. Variances to the County Tax Map Parcel No.. ZoulngOrdinance:(a)ArticlelIl, 1000-127.08.19. ' . Section 100-31, Bulk Schedule 7:40 p.m. Appeal No. 352{St~o_r_.-[eeation of new ~ingle-family BRUCE AND SHIRLEY 'i ~Tffw~iling with reduced sideyards, SIEVERMAN, Variance to the.! frontyard, and rearyard set- Zoning Ordinance,. ~Articla Ill, backs; and (bi Article XI, Section Section 100-31 for permi~ion to i 100-119.2(B) for location of new construct deck addition to elder, dwelling with reduced setback lng dwelling and attaching an~ from highwator mark at For- existing swimming pool, leaving dham Canal. Location of Prop- an insufficient setback from the ~ arty: 715 Gull Pond Lane, Green- STATE OF NEW YORK ) ! SS: COUNTY OF SUFFOLK ) HAev Ellen ~e!!y of Greenport, in said County, being duly sworn, says that ha/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published st Greenport, in the Town of Southold, County of Suffolk end State of New York, 8nd that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for weeks successively, commencing on the day of .lul¥ 19 86 this corner lot. Location of Prop-' 1000-3,5,-04-007.6 (referred to as Inclpal erty: 50 Aquaview Avenue and Lot ~C in prior subdivision re- ~.~'~'~[ ). -/~--t~-...~._ Rocky Point Read, East Marion, COrds). ./ ~ _ ./ . c~ ,/, Sufl01k NY; County Tax Map Pamel No. 8:30 p.m. Appeal No. 3428 - ~worn to'before me this /~-~ l~rm Expire ~/19o 1000-21-3-1. ~i BERTHA KURCZEWSKL / 7:45 p.m. Appeal No: . .V, ance to the Zoning O i- d,yo R1C.ARD AND 'AUCg~;$'"~-/~-, Article'III, Section 100- /f- / MeMANUS. Variar~ce to the ~ ] 31, Bulk and Parking Schedule, Zoning Ordinance, Article ]lI~ / for approval of insufficient area ' -- Second Street, New Suffolk. ire- ]Sectionl00-3!andSeetionl00-t/ ~mdfl'ontage(lotwidth) oftw0 Legal Notlce,s ces~d from June19,19861. The Board of Appeals will hear 13i2)[B] fop appr°y~l 0f th9 ron- / Parcels in this pending set.off dj. . at sa d t mc and place all pars°ns / st rucUon' of an ol~ea~per~.h in a.x.~ vision'of land, leeatad at the eact cass of 30 sq. it. in ama;'havi~ l\ , side of Depot Lane, Cutchogue, Co~flnsed t~om previous page or representatives des ring to be heard in each of the above hear- an insufficient setl~ck/~0m th~ i \' NY; County Tax Map Parcels (Recessed from June 19, 19~16~. front property line at 710 t~ t/~ NO, 1000-102-02-003 ~d 025. 9:00 p.m. Appeal No. 35 - lags. Written comments may Lane, East Marion, NY; Coum~ ]. \~&40 p.m. Appeal No.' 3513 · RICHARD AND RUTH ZEI- also be submitted prior to tbs Tax Map Parcel No. 1000-31-6-] .~P~HEN SHILOWITZ Vari. DLER. Variance t~ l?cal .p~ol, conclusion of the subject hearing, ~5.1. ~i ' , ' , .}~ito the Zoning Ordinance, deck and fencing w~thm 75 lest For more information, pleasecall ~._ 7:50 p.m. Apical No. ~1 .r f.-'~rtide XI, Section 100-119:2(B) of bulkhead and ,tidal water, at ALBER~ .~ for permission to'construct con- 100 McDonald s. Crossing, Vari__ ~' ~/ ~f~of~Um cemplexe, within 75 Laurel. (Recessed from June 19, · ~-. ,- ~'"!~-A ~_ I bulkhead and tidal water, ~"~ ....... ~'~ for ~rm~ isa ~- [ oat tl~ west s~de of S~xth Street,- 1986).9:15 p.m. Appeal No. "'89~t struct pool, deck and fence endo- r~nport, NY; County Tax Map PAUL LEARY for Reveraal of sure within 75 feet of m~in hi~! water along Dawn Lagoon, 715 Dawn Drive, East Marion, NY; County Tax Map Parcel 1000-35-5-16; Cleaves Point Sec- lion 111, Lot #71. 7:55 p.m. Appeal No. 3521 - ... ANDREW AND WILLIAM GOODALE. Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to reduce living area in preexisting, nonconforming dwelling unit in this "B-1" General Business Zen- lng District, to less than 850 gq: it. Location of Property: 7655 Main Read, Laurel, NY; County Tax Map Parcel No. 1000-122-6- 30.1 (or 30). 8:00 p.m. Appeal No. 3523 - STEVE KALAIJIAN. Vari- once to the Zoning Ordinance, Article III, Section 100-31, Bulk and Parking Schedule, for ap- proval of insufficient lot area of proposed Parcel No. 2 in this two- lot division/set-offlocatod on the north side of a private right-of- way extending offthe north side of Bergen Avenue, Mattituck, NY; County Tax Map Parcel No. 1000.112-01-18. 8:10 p.m. Appeal No. 3517 - ROSALIE GOWEN. Variance to reconsider the relief requested under Appeal No. 3450 for Vail- ances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of: (1) in- sufficient lot area, (2) insuffi- cleat lot width, (3) insufficient lot depth, of two parcels as proposed in this pending set.off/redivieion of land located at the corners of Zeno'Read, Cpt. Kidd Drive and Central Drive, Mattituck, NY; Cpt. Kidd's Estates Filed Map #1672, Lots 134, 153, 154;-: County Tax Map Parcel No. 1000-106-02-32 and 43. Parcel No. 1000-49-01.25.1. Zon- ing District: "M-Light Multiple,'! See LsgMe, next page' Building Inspector's Decision concerning property of FRANK E. AND MARY BROPRY, 75 765-1809. Dated: July 2, 1986. BY ORDER OF THE souTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN 1TJy10-5301 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. 11971 TELEPHONE (516) 765-1809 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 free to call our office, 765-1809. Yours v e ry~u_~, ~ G-ERARD P. GOEHRINGER CHAIRMAN Enclosure Linda ,Kowalski Secretary and Board Clerk Southold Town Board of Appeals I~AIN ROAD- STATE ROAD 25 BOUTHOLD, L.I., N.Y. 11~71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD Pi GOEHR~NGER, CHAIRMAN . CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS NEGATIVE July 17, 1986 S.E.Q.R.A. ENVIRO.NMENTAL DECLARATION JOSEPH H. SAWlCKI Notice of Determination of Non-Siqnificanc~ APPEAL NO.: '3529 PROJECT NAME: RICHARD & ALI'CE McMANUS. This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the' reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTIQN OF ACTION- Construction of an~open porch in excess of 30 sq. ft. in area, having an insufficient setback from front property line. LOCATION OF PROJECT: Town of~Southold, County of Suffolk, more particularly known as: 710 Cedar Lane, East Marion, NY 1000-31-6-5.1 - REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be impleJ mented as planned; t._ _(2)._Th~ proper~v in q~est~on is not located within 300 feet of l~a± wet±an~s or otn~r crm~ica± mnvironmental area. (3) The relief requested is a setback variance regulated as"provide~ in Sect~Dn 617.13 of the State Environmental Quality Review Act, 6 NYCRR FOR FURTHER INFORMATION, PLEASE CONTACT: Linda KowalsRi, 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. GARnlNERS BAY ESTATES HOMEOWNERS ASSOCIATION, INC. E~ast Marion, New York 11939 July 12, 1986 Richard and Alice McManus 96 Webster Street Westbury, NY 11590 Dear Mr. and Mrs. McManus: In relation to the variance request on the property described as: District 100 Section 031 Block 6 Parcel 5.1 our Real Estate Committee has agreed to allow a 33½ foot /~A.~_~= from front open porch. If there are any further problems, please contact me at 477-0708. Yours truly, Ralph G. Milne, President Gardiners Bay Estates Homeowners Assn. Inc. rgm:bdm ~ 'ro~vN O1~ $OUTHOLD BUILDING, D.E~PARTMENT TOWN.~HALL SOUTHOLD, N. Y. (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULI~: COMPLETION OF THE WORK AUTHORIZED) 14718 Z Da,e Permission is hereby granted to:_ ~. ..... County Tax Map No. 1000 Section ..... ..~.i,.~.....! ..... Block ..... ,(~.,,~ ........ Lot No..,,.~...,~ ........ pursuant to application dat~.J..L.J ~' ---- , 19.~..~., and aoO~V~ Building Inspector. Building Inspector Rev. 6/30/80 Regular Meeting July 17, ~986 Copies of the Notice of Hearings on or about 7/9/86 to: Howard E. Pachman, Esq. for Brophs Frederick M. Reuss, Jr., Esq. for Lear~, 11550-8116 230 Hilton Ave, Hempstead, NY Mr. and Mrs. Richard Zeidler, P.O. Box 165, Laurel, NY 11948 Mr. and Mrs. Bertram Walker, Edgemere Park, Laurel, NY 1~948 Mr. and Mrs. Richard McManus, 96 Webster St, Westbury, NY 11590 Mr. Albert J. Breneisen, ?15 Dawn Drive, East Marion, NY 11939 Costello Marine Contracting as agent, P.O. Box AK, Greenport 11944 Mr. anti'Mrs. Bruce Siever~'an, 50 Aquaview Ave, East Marion 11939 Andrew Gooda~e, Esq., Box 146, New Suffolk 11956 Mr. and Mrs. Paul Kelsch, Box 4~1, Laurel, NY 11948 Mr. Steve Kalaijian, 25-56 222nd St, Bayside, NY 11361 Benro Survey Ltd., Attn: Christopher Henn, 121 Eddy Dr, Dix Hills as agent for Mr. Kalaijian 11746 Stephen R. Ah§el, Esq. fear Mr. Shilowitz, Box 108, East Main Street, Riverhead, NY 11901 Mr. and Mrs. Robert W. Strong, 1067 Roselle Pl., Woodmere, NY 11598 opposing Shilowitz application Wickham, Wickham & Bressler, P.C., Attn: Ellen Urbanski Main Road, Box 1424, Mattituck, NY 11952 for Mrs. Kurczewski Rudolph H. Bruer, Esq., Attn: Pat Moore, Main Road, Southold, NY 11971 for Mr. and Mrs. Wissman Wickham, Wickham & Bressler, P.C. for North Fork Bancorp. and R. Gowen Main Road, Box 1424, Mattituck, NY 11952 Posted on Town Clerk and ZBA Bulletin Boards 7/10/86 Copies to ZBA Members, Town Board and Planning Board Copies to Building Department RICHARD I~cMAblUS 96 We~'er St. Westbury, N. ¥~ 11590 JUDITIt T TERRY [OWN CLFRK REGISTRAR OF VITAL STATISTICS OFFICEOFTHETOWN CLERK TOWN OFSOUTHOLD June 18, 1986 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3528 application of Richard and Alice McManus for a variance. Also included is Notice to Adjacent Property Owners; Short Environmental Assessement Form; letter relative to N.Y.S. Tidal Wetlands Lane-Use; copy of deed; copy of Building Permit and CO; Notice of Disapproval from the Building Department; and survey. Jud%th T. Terry Southold Town Clerk TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ~/, (We)Zt./~...~..(.~.~/....~...../~..?...~'....~...,~',. ~--~-.of ..... ..~-......-.~...~..'~-~:~........~.,..'~... ....................... Nome of Appellant Street and Number ..... L~....~'~...?.~/~t'... ! ~/ .................... ~..~.........HEREBY APPEAL TO / ....'/~';;ici~;;Ji~ ......................... Stat~ TIlE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO .......................... DATED ............................................ WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit ..... .............. Street and Number Municipality / State ) PERMIT TO USE ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ...7...~....~.........~...~-.~./~.~.....~..~.....~,..,~..~...,?...~'.. ........................... Street Use District on Zoning Map Map No. Lot No. 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.) ,4~7~c/~ ',Tq o~-/~o-, z~o-/~(~_~ ~ /,~ -~ ~ 3. TYPE OF APPEAL Appeal is made herewith for ( J-~ A VARIANCE to the Zoning Ordinonce 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 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Doted ...................................................................... REASON FOR APPEAL ) A Variance to Section 280A Subsection 3 ~'~ A Variance to the Zoning Ordinance ,s requested for the reason that ~/;-~ ~orm ~.1~! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because ~.o 'yr.., ~ p,~ ,~ c ~ l ~ ~1"I " '" ": " " 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE ;THE STATE OF NEW YORK ) ) COUNTY OF~S'4~'=~¢~''~ ) SS Signature Sworn to this ..... L.? ............ day of ....... .~-.~-. ................................. 19~' ~' , '" Notary ~ublic'''~'''?''''~'' ?' MARY ANN CYBULSt(I · NOTARY PUBLIC, State of New York Residing in Su~olk Coun~t Ne. 52-5895900 Commission Expires April 30, 19~ BOARD OF APPEAI~S~TOWN OF SOUTHOLD In the Matter o,~ the Petition of : to the Board of Appeals of the Town of Southold : TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a~(Special Exception) (Special Permit) (Other) [circle choice] ), 2. That the property which is the. subject of the Petition is located adjacent to your property and is des- cribed as follows: ~71~7- I~o --~'etT- O"~! ~' ~L.~.. (, · ~'~e-~ ~C.! /~hat the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: 5. That the provisions?~e Southold Town Zoning Code applicable to the relief sought by the under- signed are Article ~_/_/_/__ Sectic~ ,,'~O - ;~ /.~ . a:/, [ ] Section 280-^, New York Town Law for approval of access over ~ght(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the $outhold 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 da. ys prior to the date of sUch hearing in the Suffolk Times and in the LonB Island Tra~ete~-Mattitu~k Watchman, newspapers published in the Town of Southold and designated for the publication me such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: Petitioner Owne rs' Names: ,~, ~"~,,~ ~,,/-~,~e ~'- ,/'~/-Q~,,¥,d~,3- Post Of~ce Address (Tel. ~'/~ 339' 6~7C ) NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: ~' r , being duly sworn, deposes and says that on the /7' day of 19 ~,. , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at '~o~,,/e~ ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn tg~efore me this /~,'z., day of ~;b./_.c,~.~ , 19 Notary Publicv ~*': ' MARY ANN CYBULSKI :' NOTARY PUBLIC State of New York Residing in Suffolk County [~? No. 52-5895900 remission Expire. s April 30, 19__~f (This side does not have to be completed on form transmitted to adjoining property owners.) DISTRICT 1000 SECTIOn! 031.00 BLOCi 06.00 LOT 005.00~ TH~iNDEl~rUR~madethe 17th ~yof January BETW~-£N JEAN SCHNEIDER, residing at Brooklyn, New York, ,nincteenhundred and eighty 72 Willow Street, partyofthefirstpart, and RICHARD E. McMANUS and ALICE McMANUS, his wife, both residing at 96 Webster Street, Westbury, New York, ~rty of t~ second part, WI'I'N~[I ~ that the ~rty of the first ~ff, in conside~6on of ten dolors ~d ot~r valise ~ng~mg~ Bid by the ~rty of the second ~n, d~s hereby grant and rel~se ~to the ~rty of the second ~n, the h~rs or succes~rs and assigns of ~e ~rty of the second ~n forever, ALL ~at certain plot, pi~e or ~rcel of ~nd, ~th ~e b~l~ngs ~d improvemen~ thereon erectS, slt~te, lying and beJng ln the Town of Southold, at East Marion, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the westerly side of a private road distant the following three courses and distances from the corner formed by the intersection of the westerly side of a fifty foot private road with the southerly side of Main Road; 1) South 26° 10' 10" East 298.18 feet; 2) South 60° 40' 30" West 256.63 feet; 3) South 59° 32' 30" West 39.84 feet to the point or place of beginning; thence South 26° 05' 30" East 215.66 feet; running thence South 63° 54' 30" West 138.72 feet; running thence North 26° 15' 20" West 205.04 feet; running thence North 59° 32' 30" East 139.73 feet to the westerly side of a private road and the point or place of BEGINNING. TOGETHER with a right of way known as Gardiners Bay Road for access between said premises and the Main Road; said right of way being 30 feet, running northerly from the southeasterly corner of said premises, northerly and then easterly and thence northerly 50 feet in width, to the Main Road. SUBJECT, however, to the covenants and restrictions that the Purchaser will pay to the Gardiners Bay Estates Club, Inc. for maintenance of the roadway a sum equal to one-half (1/2) the annual membership fee for members of the Association. Said payments to be made annually on or before January 1 of each year. TOGETIIER with all right, title and interest, if any, of the party of the first part in and to any streets and r,ads abutting the above described premises to the center lines thereof; TOGETIIER wich the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted uuto the party of the second part, the heirs or successors and assigns of the party of the second part forever, AND the party of the first part covenants tl~'xt the party of the firs~t part has not doue or suffered anything whereby the said premises.haYe.been .encumbered in any .way whatever, except as aforesaid. AND t e party of l ~e first part in corn fliance with Sectiou 13 of the Lien Law covenants that the ixarty .the first part w~ receive t ~e cm s~( bra ton for th~s conveyance and will hold the r ght to rece ye such consld- 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 "part}," shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN wrrNF_..qS WHEREOF, the party of the first part has duly executed ~his deed the day and year first above written. /, Jean 'Schneider ITATI OF NIW YORK, COUNTY OF On the // day of January ~1980 personally came JEAN SCHNEIDER , before me to me kaown to be the individual described in and who executed the foregoing instroment, and acknoy(ledged that Notary Public My co~ission expir~ ~ No. ~ ~ STATE OF NEW YORK, COUNTY OF ,~: 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 lie 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 01~ sss On the day of 19 , before me personally came to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. On the day of 19 , before me personally came .the suhscribing 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 Jo and who executed the foregoing instroment; 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. TITLENO. '79--52--29526 US Li£e Title SCHNEIDER TO McMANUS Recorded By: U-'].IFE TITLE INSURANCE Ca Ins SECTION BLOCK LOT COUNTY OR TOWN RETURN BY MAIL TO: FREDERICK J. TEDESCHI, ESQ. 403 MAIN STREET GREENPORT, NEW YORK 11944 Zip No. $...Jd..:9'... ? .... P. gSA,L E~TATE FEB 0 ? 1980 f,je 4.Y.S~ Lnvlronmenr. al Quai]r.y Iluv~I~w Ac: requires misslon of Is form, and an envtronme~] re~iew will be :':~, made by this~oard before any action is taken ":'~ · ..,, '' '"" rarer will uee currentl~ ~vallable ~fo~t~cn conce~t-- -~ ....... ~h. , .~, . ....... · ~. ,~. ec~ res~ in a large phy~lc3~ c~n~e ..: ......... L... ~ - 2, W~1~ :here be a ~o~ ch~n~e ~o an7 ~&que o~ .... ~.. '.~ 't...' ,v an existing body of wa~er? . . . . . . . . · · Ye~ ~ ' I;o "'"; &. W~I proJec: h4vo a po~on~ially large ~ on : . . . .: ~ Yes No . . - :~ ' Yo~ 6. Will pro Joe% affec~ any t~ea~ened or endangered 7. W~I pro3ec: reset Ina major adverse effoc~ on '~x axr quality? ........ ~.-. 8. W~I proJec~ have a major effec~ on visu,l c~ ,.,:. .,. .... · . . . .. :. kno~ ~o be ~por:an: ~o %ha cor.~unA:y? · · · . ~ Yes 9. Will proJec: adversely ~pac~ any site or st~c~ 10. W~I proJec~ have a major effoc: on exio~g or $"~{" 11. Will project resul% fn m~Jor %raffic problems or. 12. Will projec: red, afl7 cause obJec%lonable 13. Will ~roJec% h,~ve any impact on pubZlc health or ' ' · , . Yea charac~ of ~he cO~mun~.y cr ne~4nborhocd~. Ye~ ~ No ,?. 15. I= there p, ntr~ver~y CCnc~nz the projc:%~ Yes ~ ~o (.,.oa.~.y .~ D.:~%..e} -- To: Southo!d Town Board of Appeals '" Main Road Southold, ~IY 11971 Re: Appeal Application of Location of Property: Dear Sirs: In reference to the New York State Tidal Wetlands Land-use Regulations, 6 NYCRR, Part 661, and Article 25 of the £'le:, York State. Environmental Conservation Law, please be advised tha~ th subject property i,n the within appeal application: (pl,.,~,_ check One box) [ ] M,iy be located }~ithin 300 feet of tidal wetlands; hob.lever, constructed along the water-lying edge of this p~-opeL'ty is a bulkhead in very goo(' condition and at least 100 feet in length.' [ ] May b~ 'located within 300 feet of tidal wet,.ands; however, constructed along the water-lying ?~2ge of this property is a bulkhead in need of (.~inor) (major) reoairs, and approximately feet in length. ' ( ] not appear to May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. May be located within 300 feet of ' " · tlda! wet:.andm; and there zs no bulkhead or con ..... wa!! e..~.s~ing on the prcmise~. ~IOTE: If proposed project falls wit'lkin D.E.C. juri-':diction, approval must be received an~d Submit~6d to our office before your application can be scheduled for a public hearing. · '....' .' . . Is not located within 300 feet of tidal wet].~nds to the best of my knowledge.* [.~tar_ed items (*) indicate your property decs fall within tho j'lrisdiction of the N.Y.s' [).E.C.1 Sincerely yours, (~Jwi~'3 :~ a ~ u r-~ ple,~sc~ FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N.Y. Certificate Of Occupancy No. Z9712 Date October 16 19 79 THIS CERTIFIES that the ~ ...... : ..... LDT ................................ .... .7.10. C~dar'. La~e~.% . East .M .a~.ion Location of Property House No. ' ..... 'S't~ .............. Hemtet County Tax Map No. 1000 Section . .3 .~ ........ Block .... ~ .......... Lot .... Pg....O f. ~.... Subdivision ............................... Filed Map No ......... Lot No .............. Certificate of Occupancy conforms substantially to the Application for:l~gllltl~g.~a~l~ heretofore Fried in this office dated ..................... ~ Certificate of Occupancy October 15 , 19 .t.v. pursuant to which ~No ............. Z.?T.~.2.... dated ....O.c.~.o..b.e.r..~..6 ............. 19 7.9. , was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ......... ............. ¥.a.c..~. t. h~..f.o.r..u.s.e.. 0.f..a.. 0¢.e..~'~..~,~.y. ~..e.~..~ng .............. The certificate is issued to ........... 0'.~. S.c. hr)eS..cl~17 ........................ .. (owner, fJll;FJllE]l~:~al~ ' ' ' of the aforesaid building. Suffolk County Department of.Health Approval ............. .:... ~/.R. .................... UNDERWRITERS CERTIFICATE NO .......................... ]~.P~ .................... .... ,. ~.'7. .~. . .~. . .-<. ?. . /.~ .......... Building Inspector Re~