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Home My WebLink About3289 Southold Town Board of Appeals MAIN RI-lAD- STATE ROAD 25 BrlUTHOLD, L.I., N.Y, 11¢J71 ACTION OF THE ZONING BOARD OF APPEALS TELEPHONE (516) 765-1809 Appeal No. 3289 Application Dated September ]2, 1984 TO: Mr. and Mrs. James F. Preston P.O. Box 1422 Southold, NY 11971 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on 0ct0ber l]~ ]984, 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 ]00-3], Bulk Schedule Upon application of JAMES F. AND ELLEN M. PRESTON, Box 1422, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of the insufficient area and width of this parcel in this proposed set-off of land located along Hyatt Road, Southold, NY; County Tax Map Parcel No. 1000-50-01-18.3 (part of 18.00). The board made the following findings and determination: By this appeal, the applicants seek a variance to Article III, Section 100-31, Bulk Schedule of the Zoning Code, for approval of the insufficient area of 59,275.50± sq. ft. and insufficient width of 150 feet of a vacant parcel of land in this proposed set-off division which is bounded on its east and west property lines by private rights-of-way and bounded on its north and east sides by property now or formerly of Witherspoon. The parcel in question was part of a 1979 subdivision application before the Planning Board which has not been finalized due to certain covenants and restrictions were were required to be filed by the applicant at that time. On August 31, 1979, the subject parcel was sold by C.S. Witherspoon to Arthur W. Rathje, Jr. and wife at Liber 8670 cp232. For the record it is noted that although the 1979 subdivision has not been finalized, the Planning Board at its Meeting of September 10, 1984 approved this parcel of land as a "set-off" provided under Section 106-13 of the Code. For the record it is also noted that the neighborhood consists of several parcels of the same or similar size, and therefore the granting of the requested relief will not adversely affect the character of this neighborhood. In considering this appeal, the board determines: (a) that the relief as approved is not substantial in relation to the zoning requirements; (b) that by allowing the relief, no substantial detri- ment to adjoining properties would be created; (c) that no adverse effects will be produced on available governmental facilities of any increased population; (d) that the relief will be in harmony with and promote the general purposes of zoning; (e) that the interests of justice will be served by allowing the variance, as applied. (CONTINUED ON PAGE TWOI DATED: October ]7, 1984. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 Appeal No. 3289 Matter of JAMES F. PRESTON Decision Rendered October 11, 1 984 Accordingly, on motion by Mr. Sawicki, seconded by Mr. Goehringer, it was RESOLVED, that the application of JAMES F. PRESTON for approval of insufficient area and width of parcel in this set-off of land as approved by the Planning Board, BE AND HEREBY IS APPROVED AS APPLIED and subject to referral to the Suffolk County Planning Commission in accordance with Sections 1323, et seq. of the Suffolk County Charter. Location of Property: South Side of private right-of-way known as Hyatt Road, Southold, NY; County Tax Map Parcel No. 1000- 50-001-18.3 (part of 18.00). Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. lk Clerk. ~'',o~''~' .... ~:' .]outholcl ZONING BOARD OF A?PEAL$. 'TO'W N HALL j~IA~,N ROAD ' S.R. 25 $ouTHOLD, N,~,..l19~ NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following mathers will be held for publ~ic hearings by the Sout~old Town Board of Appeals on THURSDA'Y, OCTOBER ll, 1984, commenc.~ng ~t 7:3O'~'ciock-p.m. at,the Southold Town-Hall, Main Road, Sout'hol~, N¥'~and as~ follows: 7:30 p.m. Application for J. SCHELLENBACH AND A. ROJAS, 1225 Ninth Street, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to construct deck addition with insufficient side and rear yard setbacks and exceed- ing the 20% lot'iCoverage requirement. Location of Property: 1225 Ninth Street, Greenport, NY; County Tax Map Parcel No. 1000-048-03-028; Greenport Driving Park Subdivision Lot 4. 7:35 p.m. Application of JAMES F. AND ELLEN M. PRESTON, Box 1422, Southold, NY for a Variance to the Zoning Ordinance, Article III, Sec- tion 100-31 for approval of the insufficient area and width of this - parcel in-this proposed se't~off 'of land Iocated along Hyatt Road, Southold, NY; County Tax Map Parcel-No. 1000-50-0-t-18.3 (part of 18.00)~_~/ 7:40 p.m. Application for HENRY DOMALESKI (recessed from 9-13-84). For variances: (a) to Article III, Section 100-31 for approval of width (b) to New York Town Law, Section 280~A for approval of access. R~O-W off the North side of Oregon Road, Cutchogue; lO00-095-Ol-part of ll. 7:45 p.m. Application of PATRICIA AND REINER LOLLOT,for variance to Article XI, Section lO0-119.1(A).for.perm~ssion to erect fence exceeding maximum four-foot height requirement at 1120 Ryder Farm Lane, Orient; 1000-015-05-024.11. (recessed from 9-13-84). 7:50 p.m. Application of RENATE RIEDEL, 161 Brook Road, West- hampton Beach, NY 11978 for a Variance to the Zoning Ordinance, Article III, Section 100-31, for approval of an insufficient frontyard setback of a one-family dwelling structure to be located a~ 675 Meadow Lane, Mattituck Estates Lot 42, Mattituck, NY; 1000-115-05-007. 8:05 p.m. Application of EDWARD L. HERRMANN, 1000 Marlene Drive, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, for permission to construct addition with reduction of sideyard setback to less than the required 10 feet. Location of Property: 1000 Marlene Drive, Mattituck, NY; 1000-114-2-40. Page 2 Regular Meeting October ll, 1984 Legal Notices of Hearings -- Southold T~wn Board of Appeals 8:15 p.m. Application for DR. BALA HARI PILLAI, by Gary F. Olsen, Esq., Box 706, Cutchogue, NY lq935 for-a Variance to th-e Zoning Ordinance, Article III, Section- 100-30(C) for permission to establish sleeping quarters in a nonconforming accessory building. Location of Property: 8280 Great Peconic Bay Boulevard, Laurel, NY; 1,000-126-11-019. Persons desiring to be heard should do so, either in writing or in person, before-or during the public hearing. For additional information, please contact our office at 765-1809 ~or 1802). Dated: October 1, 1984. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Notice t'o-N'ewspapers: .... Please pubtish THURSDAY, OCTOBER '4, 1984 and forward 7 affidavits __o.f publication on or ~fore OctoJ~e'r 9, 1984 to: Board o? Appeals, M_ain Road, Southold, NY..l1971. Thank y_gu. Copies forwarded to the following about Suffol~ Times, Inc. L.I. Traveler-Watchman, Inc. I0/1184: Ms. Barbara Ulrich, Box 353, East Marion, NY 11939 for SCHELLENBACH & RDJAS Schellenbach and Rojas, Ninth Street, Greenport 11944 Mr. and Mrs. James F. Preston, Box 1422, S~thold, NY 11971:~ Abigail A. Wickham,'-E~. for HENRY DOMALESKI ~d RENAME RIEDEL Mr. and Mrs. R. Lollot' Mrs. Renate' Riedel~-161 Brook Road, Westhampton Beach, NY 11978 Mr. Edward L. Herrmann Gary F. Olsen, Esq., Main Road, ZBA i'ndividual files ZBA members Town Clerk Bulletin Board Building Inspector'Lessard Cutchogue, NY 11935 for DR. PILLAt TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL ._.~.~,.~:~... ~ ~ ... PLEASE TAKE NOTICE that your application dated . .~.~...~...[~A~.... for pemit to ,.;..~... X ~ ...................................... at nous~ P/o. ~'t~t ' Counw T~ ~ap No. !~0 Se~on . .~ ~.~ ..... mock ... ~, ~ ....... ~t YJg.. 1.~ ...... Subdi;Ssion ................. Filed Map No ................. Lot No ................. ~ ~..~..~.~..~..~ ~. ~ ?~:. .......................... . Building Xnspector RV 1/80 TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ..... TE Septmeber DA ........................... TO THE ~)NJNG 'BOARD OF APPEAL~,-TOWN OF SOUTHO[.D/N: ; ~we) :...,-....L;;.:..... ~;;..; ..... - - No, ne of Al:/[~cllartt - -: iStr~et'ond Number ......... ........ ...... PEAL TO Municipality State 1984 THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: Sept. 4. FOR: Certificate,:of occupancy for vacant land 1984 showing approved access WHEREBY THE BUILDING INSPECTOR DENIED TO James F. and Ellen M. Preston Name of Applicant for permit of ...~..o.~& .o. ~..s... ~..o.i~ ~., .......................... .s..o..~.t.~,.o,Z..~ ................ .~.e.~.: ~.o. ~..k... _z. !.9..7 t Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY PERMIT TO BUILD Certificate of occupancy for vacant land necessary ~o ootaln bti~'±d±nQ p'~rmit' for new residence PROPERTY No ~ Hya.tt Road, Southoid, New Yo~rk 11971 1. LOCATION OF THE ....................................................................................... - Street a~d [¢~m~Let Zone: ... .a..~...t..a.~,t..~.~..d.....~..~.l.~. .................................... OWNER (S). Mop No. Lot No. DATE PURCHASED. ..~o~a~a:c~. ~f.s~o pending 2. ~ROVISION (S)~OF THE ZONING ORDiNANCE-APPEALED (Imdicate fbe-Article Section,-S~b~ section and Paragraph of the Zoni6g Ordinance by number. Do not quofe the'Ordinance.) Article III, Section i00.31 Bulk sahedul~ lot les-s than 2 acres, !ess than 175' wide 3 TYPE C---'APPEAL Appeal is made kerewith for . (~ 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. 2BOA Subsectio~ 3 4 PREVIOUS APPEAL A prewous appeal (has) (has not) been made with respect to this aec~s,on of the Building Inspector or with respec~ to this property. Such appeal was ( ) request for a special ~ermit ( ) request for e variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOP, APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ,s requested for the reason that ~e wo~ld like to F'orm Z~I (Continue on other side) REASON FOR APPEAL Continued 1 STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sar,/ HARDSHIP because We have sold our present home and contracted ~o '=__LO purchase the only available lot in the same area. The subject lot is three lots east of our present house. Our plans to kuild on the lot are based on the approval of the town, %re have been paying interest on the purchase price for three months whild complying with the directives of the Planning Board. We do not wish to acquire another lot and wish to live in the immediate area of Horton's-Point. 2. The hardship created is UNIQUE and is not shared by oil properties alike in the immediate vicinit~ of this property and in this use district because Subject property was a portion of a minor subdivision began by Charles S. Witherspoon in 1979. It had been approved subject to certain covenants and restrictions to be provided. The restrictions dealt wi~h ~he future subdivision of the final lot of witherspoon, The remaining lot is less than 2 acres and by law could not be further subdivided. The covenants and restrictions have not been and according to the attorney for the Estate of Charles S. Witherspoon, will not be provided in the immediate future. Mr. Rathje has held the lot since 1979 paying taxes on a single lot and the map at ~own hall shows the lot as a single lot. 'No further requirements have been made of Mr. Rathje. Upon my inquiry for application, the situation was noticed. This seems to be a product of our upgrading of the caretaker responsibilities of the town, 3 Tine Variance ~ould observe the spirit of the Ordinance and WOULD NOT CHANGE THE =HARACTER OF THE DISTRICT because The variance will serve to document the previously approved division creating the separate lot. This lot is larger than 80% of all lots in the neighborhood. This ls the only "Witherspoon Lot" in this situation. The other site which was the subject of the prior action ls still held by the Estate of Charles S. Witherspoon. NEW YORK ) STATE OF ss .............. : .......... COU x4Ty OF ~"~f~ ) Sworn to this ~ Notary Public O~c ~OUT[~GLD ~ECO~D CArD OWNER SUB. LOT FORMER OWNER LAND SEAS. IMP. S TYPE O~ BUILDING ,,~ ~ VL.~ J FARM COMM~ CB. MJCS. Mk'L Value ~// TOTAL DATE REMARKS TiJlable Wom:Jland FRONTAGE ON WATER FRONTAGE ON ROAD MeadowJand DEPTH House Plot BULKHF-AD TotoJ I *20' 0 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SDUTHOLD, 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 JOSEPH H.$AWlCKI October 18, 1984 Mr. and Mrs. James P.O. Box 1422 Southold, NY ll9?l F. Preston Re: Appeal No. 3289 Dear Sir or Madam: Preston/Rathje Attached herewith is a copy of the formal findings and deter- mination recently rendered and filed this date with the Office of the Town Clerk concerning your application. In the event your application has been approved, please be sure to return to the Building Department for approval of any new construc- tion in writing, or for other documents as may be applicable. If you have any questions, please do not hesitate to call either our office (765-1809) or that of the building inspector (765-1802). Yours very truly, Enclosure Copy of Decision to Building Department Planning Board' Suffolk Co. Planning Commission GERARD P. GOEHRINGER CHAIRMAN inda F. Kowalski Secretary Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 50UTHOLD, L.I., N.Y. 119'7'1 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS September 13, 1984 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S · *P... Q . R · A . SERGE DOYEN, JR. ROBERTJ. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO.: 3289 PROJECT NAME: JA~S 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 [X] Unlisted [ ] DESCRIPTION OF ACTION: Lot area/width LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 1190 Hyatt Rd., Southold~ NY County Tax Map #1000-50-1-p/o 18.3 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) Separating the project in question from the waterfront or environ- menta% ~rea is a 50-foot traveled roadway. [3) Relief requested is not directly relate~ to new construction. 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. Southold, N.Y. 11971 (516) 765-1938 September 13, 1984 Mr. James F. Preston P.O. Box 1422 Horton's Pt. Extension Southold, NY 11971 Re: Set-off for James Preston Dear Mr. Preston: Please let this confirm the action of the Planning Board, Monday, September 10, 1984. RESOLVED that the Southold Town Planning Board approve the set-off of Helen H. and Arthur W. Rathje, Jr., for applicant James F. Preston, plans dated July 11, 1979, located at Southold, subject to: ~.iO~-;~. ~.~J~ 1. Approval of the Zoning Board of Appeals for insufficient area. I~Ji If you have any questions, please don't hesitate to contact our office. Very truly yours, / cc:/Zoning Board of Appeals Herbert Kramer, BENNETT ORLOWSKI, JR., CHAIRMAN HOLD TOWN PLANNING BOARD By Diane M. Schultze, IS~cretary esq. for Rathje DATE: PARTIES: PREMISES: PERSONAL PROPERTY: PURCllAS[ PRICE: WARNING: NO REPRESENTATION IS MADE TItAT THIS FORM OF CONTRACT FOR THE SAEE AND PURCHASE OF REAL ESTATE COMPLIES WITH SECTION 5-'/02 OF THE GENERAL OBLIGATIONS LAW ("PLAIN ENGLISH"). :CONSULT YOUR LAWYER BEFORE SIGNING IT. NOTE: FIRE AND CASUALTY LOSSES: This contract form does not provide for what happens in the event of fire or casualty loss before the title closing. Unless different provision is made in this contract, Section $-I 31 I of the General Obligations Law will apply. One part of that law makes a purchaser responsible for fire and casualty loss upon taking of title to or possession of the premises. CONTRACT OF SALE made as of the dayof J_uly ,19 8/4. BETWEEN ARTHUR W. RATHJE, JR. and HELEN H. RATHJE Address: 220 Home Street, Valley Stream, New York hereinafter called "SELLER", who agrees to sell; and JAMES F. PRESTON and ELLEN M. PRESTON Address: P. O. Box 1422 Southold, New York 11971 hereinafter called "PURCHASER" who agrees to buy the property, including all buildings and improvements thereon (the "PREMISES"), more fully described on a separate page marked "~}¢:~.~L," and also known as: Approximately 1.5 acres of vacant land located on Street Address: a private road knom2 as Hyatt Road in Southold, New York Tax Map Designation: Dist. 1000; Sec. 50; Blk. 001; Lot Part of 18 Together with SELLER'S interest, if any, in streets and unpaid awards as set forth in Paragraph 9. unless specifically excluded below. SELLER states that they are paid for and owned by SELLer of any lien other than the ~XISTING MORTGAGE(S). The:,' including, lighting and ~ooking fixtures, bathroom and kitchen cabinet~wnmgs, storm wi. nd. ows, window boxes, s,~~ tatu.ary"o,°! ~heas. _di~zers, air conditioning 1. (a) The purchase price is Payable as follows: $ 55,000.00 On the signing.of this contract, by check subject to collection: to be held in $ 5,500.00 escrow by Sellers attorney until closing BALANCE AT CLOSING: 49,500.00 or modified in good faith. The Purchase Money Note and Mortgage shall be drawn on the standard for~.yj;~v, YorkBoard of Title Underwriters by the attorney for SELLER. PURCHASER shall pay the ~g tax, recording fees and the attorney's fee in the amount of $ for its prepara~.~.-~'~ Icl If ~ny rcqu:red payments are made on an EXIST]NC~NG which reduce the unpaid pnnclpal ,m~ount of an EXISTING MORTC~ lite l~alancc of the price pa~ able at CLOSING will be adj~a onably correct and rd} If ~urance. etc. SELLER shall, :;.,; t, ]°~ .~PI',',cRS'Hr'-~SER' if it can bc assigned. ,, that event PURCHASER shall pay the amount in the escrow accoun, {- E XIS¥1NG MOR'I GAGE~S g ACCEPTABLE FUNDS: 'qSUBJECT TO' PROVISIONS: TITLE COMPANY APPROVAL: CLOSING DEFINED AND FORM OF DEED: CLOSING DATE AND PLACE: BROKkR: STREETS AND ASSIGN- MENI OI UNPAID AWARDS: MORTGAGEE'~ CERTIFICATE OR LETTER AS TO EXISTING MORTGAGI ISt: ('OMPLI AN( l Yd]lt S'h\TI MUNR'IPAL DI I'&R FMI N l' VIOLATIONS AND ORDERS: OI Mortgage now in the unpaid principal amount of'$ a~thc rale ~f . per cent pet year. ~resently payable in installments ~clude principal, interest. ;E~_pe. rm!ts the. h_o_l~de._r_~f the mortgage to · ,.~ .,~ i .... ~;-.t~ 2' ~ .....t ;" ~"" v~ tv cb ~g~ ~"'.' ~"r t~m thee'ce¢ by 'e~v~ et °'e fact ef CL'aEI:.C 3. All money payable under this contract unless otherwise specified, shall be either: a. Cash. but not over one thousand ($1,000.00) Dollars, b. Good certified check of PURCHASER. or official check of any bank., savings bank, trusl company, or savings and loan association having a banking office in the State of New York. payab]e to the order of SELLER, or to the order of PURCHASER and duly endorsed by PURCHASER (if an individual) to the order of SELLER in the presence of SELLER or SELLER'S attorney. c. Money other than the purchase price, payable to SELLER at CLOSING, may be by check of PURCHASER up to the an'lount of Five 'hundred ($ 50Q, 00 ) dollars, or d. As otherwise agreed to in"writing by SELLER or SELLER'S attorney. 4. The PREMISES are to be transferred subject to: a. Laws and governmental regulations that affect the use and maintenance of the PREMISES, provided that the'~ are not violated by the buildings and improvements erected on the PREMISES. b. Consents for the erection of any structures on, under or above any streets on which the PREMISES abut. c. Encroachments of stoops, areas, cellar steps, trim and cornices, if any, upon any street or highway. d. Any statement of facts an accurate survey may show, provided same does not render title unmarketable. 5. SELLER shall give and PLIRCHASER shall accept such title as any reputable title company . a member of The New York Board of Title Underwriters will be willing to approve and insure in accordance with their standard form of title policy, sub~ect only to the matters provided for in this contract. 6. "CLOSING" means the settlement of the obligations of SELLER and PURCHASER to each other ktpder tlqs including the tpaymem of the purchase price to SELLER, and the delivery to PURCHASER of a /3a.rga~a. Le w/grarltor s c~t$ d~ed in proper statutory form for recording so as to transfer full ownership (fee simple ti,lei to the PREMISES, free of all encumbrances except as herein stated. The deed will contain a covenant by SELLER as requ red by Section i 3 of the Lien Law. Directors authorizing the sale and delivery of the deed. and (bt a cee,iDea ' ' ssJstant Secretary of the corporation certifying such resolutio~ .~-a- .-~U~Lff ~owmg that the transfer is in conformity with the -- ' . ' ' [on ) of the Business Corporation Law. The deed in such case shall contain a recital sufficient to ~slab!is,': cc;;;7!!-:nc: ':.':rE that ?. ('LO$1NG will take, place at the office of Clayt~g~M~iller & Mayer, 38 Kings Hzghway, rtauppauge, New York at 2:00 p.m o'clockon July 20 1984 OO.. k3 '(~ 8. PURCHASER hereby slates that PURCHASER has not dealt with an)' broke,r in connection with this sale other than Albertson Real Estate, Main Road, Southold, New York and SELLER agrees to pay the broker the commission earned thereby (.pursuant to separate agreement). 9. This sale includes all of SELLER'S ownership and rights, if any. in any land lying in the bed of any street or h gh~a3. opened or proposed, in front of or ad oining the PREMISES to the center line thereof, h also includes any right of SELLER to any unpaid award b5 reason of any taking by' condemnation and/or for any damage to the PREM SES by reason of change of grade of any streel or t ghwav. SELLER will deliver at no additional cost lo PURCHASER, at CLOSING. o, thereafter, on denand any documents which PURCHASER may require to col]ect the award and damages. 10. SELLER agrees Io deliver to PURCHASER at CLOSING a certificate dated not more than thirly (30I days before CLOSING signed by the holder of each EXISTING MORTGAGE. in lorm for recording, certifying the amount of the unpaid principal and interest, date of maturity, and rate of interest. SELLER shall pa,,' the fees lot recording such ccrtiiicale. If the holder of a morlgage is a bank or other inslituIlon as ''~74a Real Pro err La'a ~ ma nsteadofthecert frae furmshanunquaif'ed e terdalednotmort defined in Section _ - . p y '. Y. ' ' · '. ' ' '' than thirty 130~ days before CLOSING containing the same information. SELLER hereby states thai any EX1ST1NG MORTGAGE v. iB not be in detauh at the lime of ('LOSING. I1. a. SELLER 'alii comply with ali notes or notices of violations of law or municipal ordinances, orders or requirements noted in or issued by any governmenta~ deparlmenl hawng authority as to lands, housing, buildings, fire. health and labor conditions affecting the PREMISES at the date hereof. The PREMISES shall be transferred free ol them al CLOSING and this pro~sion shall survive CLOSING. S[LkER shall furnish PURCttASER with any authorizations necessary, lo make thz searches that could disclose these matter~ 12. If al thc time ol CLOSING th~ PREMISES are affected by an a~essmcnt which is or ma.',' become payabe in annua ~mslalinlems. and the first instalJmenl is then a lien. ot has been paid. then for the purposes of this conlracl all the unpa~c ,:ns alhncnts shall bc con4dercd due and are Io be paid b5 SELl ER al ('LOSING. RIDER TO CONTRACT OF SALE DATED-' BETWEEN-, PRE~41SES: Notwithstanding anything hereinbefore contained to the contrary, it is agreed as follows: h The premises are to be transIerred subject (a) Any state of facts an accurate survey may show provided same does not render title unmarketable. (b) Public utility easements within 10 feet of the peri;neter of the premises provided that no presently existing structures are located within the area of easement, (C) Covenants, restrictions~ reservations and agreements provided same are not violated by existing structures or present use thereof. (d) Zoning and building restrictions, ordinances and regulations now or hereafter adopted by the village, town, county or municipality having jurisdiction of the presmises or any part thereof. (e) Variations, if any, between fences, retaining walls and the like and the · lines of record title. Any action or proceeding arising out of this agreement shall be commenced and triable in the Supreme Court, Suffolk County, County Court, Suffolk County; or District Court of Suffolk County, whichever shall be the lowest court having jurisdiction of the subject matter of the action, and in no other court. Any such action shall be commenced within one {1) year from the time of accrual of such cause of action. The Purchaser(s) shall save the Seller(s) harmless and indemnify the Seller(s) from any and all broker's commissions not referred to herein that may arise from the acts of Purchaser(s) or their representatives or that may be claimed a~ainst the Seller(s) by, through or on account ol any acts of the Purchaser,s) or their representatives, or all of these. The provisions of this clause shall survive delivery of the deed hereunder. The Purchaser(s) agree to deliver to the attorneys for the Seller(s) herein a list of any obligations or violations which may appear on any title examina- tion that the Purchaser(s) obtain and if any objections appear which cannot be cleared by the Seller(s) by the time set forth Ior the closing of title herein, then the Seller(s) shall be entitled to a reasonable adjournment for the purpose of removing such objections or violations but Seller(s) shall have no oblil~ation to incur any expense to clear any title exceptions. In the event Seller(s; elect not to clear such exceptions~ then and in that event~ upon the return to the Purchaser(s) of the down payment herein, this contract shall be deemed null and void and there shall be no further liability between the parties. Notwithstanding the provisions of Article 20, the sole liability of the Seller will be to refund the money paid by the Purchaser together with the reasonable cost of the title search not to exceed One Ilundred Dollars (St00.00). e - It is understood and agreed that this contract cannot be assigned without the written consent o! the Seller(s). The down payment will be held in escrow until closing of title or until such earlier time as Seller(s) is entitled to the same by virtue ol Purchaser(s)' detault. The parties agree that any arithmetical error made in the computation at the closing shall be corrected and proper adjustments made if written notice thereof is given to the other party or such party's attorney within fiIteen (15) days after closing~ specifying and documenting the claimed error. 10. Notices relating to this contract shall be given to either party's attorney by certified mail~ return receipt requested. Notices given pursuant to this paragraph shall be binding upon all parties as though said notice was given or received by such party in person This contract shall not be deemed binding upon the Seller(s) unless and until the Seller(s) has affixed his/her handwritten signature to this contract and until such time Seller(s) may withdraw the property from sale to the Purchaser(s). The acceptance of a deed by Purchaser(s) shall be deemed full performance by and discharge of Seller(s) of all terms~ conditions and agreements made or required to be performed hereunder and no liability~ therefore~ on the part of the Seller(s) shall survive the delivery of the deed unless otherwise agreed to between the parties in writing. Purch ~ Purchaser diet - ' - Seller 2 ~PPOK~I,QN- WATER METER READINGS: ALLOWANCE FOR UNPAID TAXES, ETC.: USE OF PURCHASE PRICE TO PAY ENCUM- BRANCES: AFFIDAVIT AS TO JUDGMENTS, BANKRUPT- CIES.: DEED TRANSFER AND RECORDING TAXES: PURCHASER'S LIEN: SELLER'S INABILITY TO CONVEY AND LIMITATION OF LIABILITY: CONDITION OF PROPERTY: ENTIRE AGREEMENT: CHANGES MUST BE IN WRITING: SINGULAR ALSO MEANS PLURAL: (a) Rents as and when~ollected. (b)Interest'hUms on existing transferabl ~s~,rance P~r! a~.d..rs,n' .,.' ~ ........ ,×~.,);.i,,~~ ,S. IN[.C.,.:!d.) 5t~.e.~, water, charges and sewer rents, on the basi If CLOSING shalloccur before a new tax rate is fixed, the apportionment of taxes shall be upon the basis of the old tax rate for the precedmg period applied to the latest assessed valuation. Any errors or omissions in computing apportionments at CLOSING shall be corrected. This provision shall surviv CLOSING. 14. If there be a water meter on the PREMISES, SELLER shall furnish a reading to a date not more than thirty days befor CLOSING date and the unfixed meter charge and sewer rent, if any, shall be apportioned on the basis of such last reading 15. SELLER has the option to credit PURCHASER as an adjustment of th*purchase price with the amount of any unpai, taxes, assessments, water charges and sewer rents, together with any interest and penalties thereon to a date not less than fly business days after CLOSING, provided that official bills therefor computed to said date are produced at CLOSING. 16. If there is anything else affecting the sale which SELLER is obligated to pay and discharge at CLOSING, SELLER ma.~ use any portion of the balance of the purchase price to discharge it. As an alternative,SELLER may deposit money with the title insurance company employed by PURCHASER required by it to assure its discharge, but only if the title msuranc~ company will insure PURCItASER'S title clear of the matter or insure against its enforcement out of the PREMISES. Upo; request made within a reasonable time before CLOSING, PURCHASER agrees to provide separate certified checks a: requested to assist in clearing up these matters. 17. If a title examination discloses judgments, bankruptcies or other returns against persons having names the same as o similar to that of SELLER, SELLER shall deliver a satisfactory detailed affidavit at CLOSING showing that lhey axe no against SELLER. 18. At CLOSING, SELLER shall deliver a certified check payable to the order of the appropriate State, City or Count} officer in the amount of any applicable transfer and/or recording tax payable by reason of the delivery or recording of th~ deed, together with any required tax return. PURCHASER agrees to duly complete the tax return and to cause the check(s and the tax return to be delivered to the appropriate officer promptly after CLOSING. 19. All money paid on account of this contract, and the reasonable expenses of examination of the title to the PREMISE.~ and of any survey and survey inspection charges are hereby made liens on the PREMISES and collectable out of th~ PREMISES. Such liens shall not continue after default in performance of the contract by PURCHASER. 20. If SELLER is unable to transfer title to PURCItASER in accordance with this contract ~ELLER~S sole hability shal be to refund all money paid on account of this contract, plus all charges made for: (i) examining the title, (ii) any appropriat, additional searches made in accordance with this contract, and (iii) survey and survey inspection charges. Upon such refum and payment this contract shall be considered cancelled, and neither SELLER nor PURCHASER shall have any furthe rights against the other. 21. PURCHASER has inspected the buildings on the PREMISES and the personal property included in this sale and i: thoroughly acquainted with their condition. PURCHASER agrees to purchase them "as is" and in their present conditior subject to reasonable use, wear, tear, and natural deterioration between now and CLOSING. PURCHASER shall have thc right, after reasonable notice to SELLER, to inspect them before CLOSING. 22. All prior understandings and agreements between SELLER and PURCHASER are merged in this contract, l completely expresses their full a~eement. It has been entered into after full investigation, neither party relying upo. n an: tatements made by anyone else that are not set forth in this contract. !3. This contract may not be changed or cancelled except in writing. The contract shall also apply to and bind th~ distributees, he,rs, executors, administrators, successors and assigns of the respective parDes. Each of the parties hereb: authorize their attorneys to agree in writing to any changes in dates and time periods provided for in this contract. 24. Any singular word or term herein shall also be read as in the plural whenever the sense of this contract may require it 25. This contract is expressly conditional and subject to sellers being able to provide written evidence of the fact that the subject parcel has been granted a "vacant land certificate of occupancy showing approved access" by the Town of Southold. 26. In addition to the purchase price, the purchasers will also pay interest on $55,000 at a rate of 12 percent per annum the date of closing. This provision will have no effect should closing not t&k,9. ~lace ...... ~bta~g~ac~t l~d ~icat~ c~ ~ access~y the To~ o ~uthold s~~~~~tedMo~ ~d~ll M~eipal, 27. In refer,ce to p~~ve~el~ ~!,.-.¢~ s~ll be res~ible zor costs m~e~ ~ ~ ' ' ~ ' II ob~ said certificate of oc~cy fr~ ~ ~ me T~ of S~t~ld. In me ev~t ~t said HEL~. H.. ~T~JE / costs s~ll ~ceed $150, seller s~ll ~ve f ~,.AA(V~ =l D~, b~ ~ ~ti~ to ~ ~ t~s c~tract ~d J~E~ F. PR~STO~ re~ all ~eys p~d by ~ ~c~s ~ %CLi'i" ..... f~. ~ ~ ev~t ~t ~ seller ~ci~s not mnkmy ~. to ~ ~ costs, ~ ~y give notice to t~ ~c~sers ~d p~ers my ~ci~ ~ ~ ~h costs ~ t~y ~ to c~t~ to close. STATE OF NEW YORK, COUNTY OF On the day of personally came 19 , before me to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. STATE OF NEW YORK, COUNTY OF as: On the day ql~ ...... . 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 ." · ' , tho-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 corporation, 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 to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. STATE OF NEW YORK, COUNTY OF On the day of 19 personally came to me known and known to me to be a partner in , before me a partnership, and known to me to be the person described in and who executed the foregoing instrument in the partnership duly acknowledged J that 'he' 6xecuted lhe foregoing instrument for and on behalf of said partnership. Closing of title under the within conlract is hereby adjourned to 19 , at o'clock, at ; title to be closed and all ad.}ustments to be made asof 19 Dated, 19 For value received, the within contract and all the right, title and interest of the purchaser lhcreunder are hereby assigned, transferred and set over unto and said assignee hereby assumes all obligations of the purchaser thereunder. Dated, 19 Ass/ghee of Purchaser TITLE NO. l~ntrart o:[ ~ale ARTHUR W. and FP~.~N H. RATHJE PREMISES Section 50 Block Lot laox't of 18 County o/Town Suffolk/Southold Street Numbered Add,ess Recorded At Requesl of First A t ~erican Title I zsurance Companv of ,~'e$sd } '(OI'/X REIURN BY HAIL TO: To: JAMES F. and I~I,T:i~ M. PRESTON Zip No. STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Distributed by First American Title Insurance Company~ o./New York HOME OFF1CE St'FFOLK (')FI:ICI * -)1,. 727-570h 1050 Franklin Avenue Gardcn Ci~x, New York 11530 i516:742-7500 ,212 ~95-3430 NEW YORk OFFICE 170 Ih uad,.s a,. Nuw Yolk. Nc~ '~olk 10038 ~2121 9fi2 2712 ~,~ }% I CIt} kl }R t)l-I ICI- Whm l'hdw,. Ncl; '~{)ik IOoOl dlJ D 99T-14~1 BR()OKL~ N OI-FICE Bl(~oklxn. N('~ ~ (nk 112OI (212) 237-7800 CONSULT YOUR LAWYER BEFORE SIGNING ~/HIS INSTRUMENT~THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. This Indenture, made the Between ,..M/ ~ day of ~--~- nineteen hundred and seventy-nine CHARLES S. WITHERSPOON, residing at (no #) Private Road, Horton's Point, Southold, NY party of the first part, and ARTHUR W. RATHJE and HELEN H. RATHJE, his wife, both residing at 220 Home Street, Valley Stream, NY party of the second part, Wltnesaeth, that the party of the first part, in consideration of Ten Dollars and other valuable consideration paid by the pa rty of the second pa rt, 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, lying and being ~l~ near Horton's Point, near the Village of Southold, in the Town of Southold, County cf Suffolk and'State of New York, boundedland described as follow~; BEGINNING at:a point on the southeasterly line of a 50 foot right of way, hereinafter described, at the northwest corner of land conveyed by deed dated May 10, 1948; and running thence along the southeasterly line of said 50 foot right of way 2 courses, as follows:- (1) north 14° 33' 40" east 107.16 feet; thence (2) north 23° 35' 20" east 42.84 feet; thence south 65° 36' 40" east 397.87 feet to a concrete monument set on the northwesterly line of a 20 foot right of way, hereinafter described thence along the northwesterly line of said 20 foot right of way south 19° 13' 30" west 150 feet; thence north 66° 29' west, 392.47 feet to the point of BEGINNING. TOGETHER with a right of way over a twenty foot Right-of-Way from the northeasterly corner of the premises southwesterly about 870 feet to the south- easterly side of other land now or formerly of Walter H. Hyatt and thence over the existing roadway to Sound View Avenue. Also a Right-of-Way over said fifty foot right of way from the northwest corner of the premises southwesterly about 840 feet to second right-of-way along land of Robert Hyatt thence southeasterly over said twenty foot Right-of-Way about 500 feet to the firs~ described twenty foot Right-of-Way Together with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; Together with the appurtenances and all the estate and rights of the.party of the first part in and to said premises; To Have And To Hold the premises herein granted unto the party of the second part, the heirs or successors and essig ns of the party of the second part forever. And the party of the first part covenants that the party of the flrst part has not done or suffered anything whereby the said pr >raises have been encumbered in any way whatever, except as aforesaid. And the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the rig ht to receive such consideration as a trust fund to be applied fi rat for the purpose of psyi ng the coat of the i mprovem ant and will apply the same first to th e payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. In Witness Whereof, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: Charles S. Witherspoon STATE OF NEW YORK, COUNTY OF SgFFO o, the / /dey of ,g b, o,o me personally came Charles S. WRher~p0on to ma known fo be the indivJduel described in and who executed the foregoing instrument, end acknowledged that he executed th~ same, NOTARY PUBUC, STATE OF N~ YORK Svffollr Ce~nty No. ~644944 Term ~pira~ ,~r~rch 30, 1981 STATE OF N~ YORK, COUN~ OF me, , On the day of 19 personally came to me know., who. being by me duly sworn, did dapose'~lnd say that he resides at No. . that he is the ' ' :~',' ' ~':','" :: · the' corP~'rsfl~n:d'e;~ibed' 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 corporation, and that he signed h name thereto by like order, STATE OF NEW YORK, COUNTY OF On the day of personally came ss: 19 , before me to me known to be the individual described in and wt]o executed the foregoing instrument, and acknowledged that executed the same. ". STATE OF NEW YORK, COUNTY OF sc: :On the day of 19 . I:"[nre rn~ , personally came the subscribing witness to the foregoing instrument, :vilh 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, sald witness, at the same time subscribed h name as witness thereto. With Covenant Agaimt Grantor'$ Acts Title No. C ~'kRLES S. WITHEi:{$~OON TO ARTHUR W. RATHJE and HELEN H. RATHJE, his wife Stlndlrd Form of New York . IL[.-'U I~ -T~E INSURANCE --'~ Company of New York SECTION 50 LOT 18 (part of it) \ CITY OR TOWN , of Southold cou n ~: '~1~ "o "r.,; ~ ~ TITLE INSURANCE C~pany of New ~k , , RE~RN BY MAIL TO WI~ ~. ~IC~ Z~.~ 8~8 ~ont Street O~eenpo~t, ~ zl. N.. 11944 I :~j 7 ~ '~ Reol Properly Tox Serwce' Agency Southold Town Board of Appeals MAIN ROAD- STATE I~OAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS September 13, 198# GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. $ · E . Q . R . A . SERGE DOYEN, JR. ROBERTJ. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWlCKI Notice of Determination of Non-Significance APPEAL NO.: 3289 PROJECT NAME: JAI~ES ~. PtLESTON 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 IX] Unlisted [ ] DESCRIPTION OF ACTION: Lot area/width LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 1190 Hyatt Rd., Southold, NY County Tax Map ~lO00-50-1-p/o 18.3 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) Separating the project in question from the waterfront or environ- menta~ ~rea is a 50-foot traveled roadway. (3) Relief requested is not directly related to new construction. 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. m~do b,,v th'~s b~o~e any ~c'c'ion is S~ORT .~N ;T_t!ON,,E.. ~ ASS~SCMENT F (a) In order to answer the questions in this short EAF is is assumed that the preparer will use currently available infor~%tion concerning the project and the likely l~pacts of the action, It is not expected that additional studle~ research or other investigations will be undertaken, (b) If any question has been answered Yes the project may be significant and a completed Environmental Assessment Form ia necesiar/. (c) If all questions have been answered. No nc~ significant. (d) F~./irornental A~essment 1. Will proJqct result in · large physical change to the project site or physically alter more t~An l0 acre3 of land? . me 6. 7. 5 10. 11. 12. 13. l&. Will there be a major change to any unique or unusual land form found on the site? Will project alter or have a large effect on an existing body of water? · Will proJec~ have a potentially large impac~ on groundwater quality? . , . . . , · · Will project significantly effect drainage flow Will project affect any threatened or endangered plan~ or ani~! species? · · · . · , . Will project result in a major adverse effect on air quality? · . · , · . · · X Yes No X Yes No X Yes No X Yes No Yes X No X · , Yes__._ No Yes x No Will project have a major effect on visual char- acter of the community or scenic views or vistas X known to ce important to the community? . . . .., ,~ Yes ,, ,, No Will project adversely Lmpact any site or struct- ure of historic, pre-~istorio, or paleontological importance or any Site designated as a critical environmental area by a local agency? . · · Will project have a major effect on existing or Will project result in major traffic problems or cause a major effect to existing transportation Will project regularly cause objectionable odor% noise, glare, vibration, or elec~rlcal disturb- ance as a result of the project's operation? · Will project have any impact on public health or safety? · · · . · · . · , . . . ~5. Is there PREPARER'$ S!GNATt~E: REPRESENT!::C: 9/L/78 X Yes X No X Yes NO Yes X No Yes X No Will project Affect the existing community by directly causing a ~.rowth in permanent popula- tion of more than 5 percent over a one--year period or ha~ major afire effect on the X character of ~h~co~.~un,~y ~r nelghbornoo~.. Yes No TITtE: contract obligee and spouse DATE: Septe~er 5, 1984 '~'~ ~ Town Hall Main Road, S.R. 25 Southold, N.Y. 11971 ' NOTICE iS HEREBY GIV- EH, pursuant to Section 2?6 of the Town Law and the Provi- sions of the Amended Code of the Town of Southold, a Regular Meeting and the following matters will be held for public hearings by'the Southold Town Board of Ap- peals on THURSDAY OCTO- BER H, 1984, commencing at 7:30 o'clock p.m. at the Southold Town Hall, Main Road, Southold, NY and as follows: 7:30 p.m. Application for J. ~CH~:I.I.I~NBACH AND A. ~ 1225 Ninth Street, Greenport, NY for a Variance to the Zoning Ordinance, Article Ill, Section 100-31, Bulk Schedule, for permission to construct deck addition with insufficient side and rear yard setbacks and exceeding the 20% lot coverage require- ment. Location of property: 1225 Ninth Street, Greenport, NY; County Tax Map Parcel No. 1000.045-03-028; Green- port Driving Park Subdivision Lot 4. .~ f7:35 p.m. Application of J.~M~.S F. AND ELLEN M PRESTON., Box 1422, South- uld, NY for a Variance to the Zoning Ordinance, Article IlL ;ection 100-31 for approval of he insufficient area and width of this parcel in this proposed iset.off of land located along Hyatt Road, Southold, NY; County Tax Map Parcel No. 1000-05-01-18.3 (part of 18.00). k, 7:40 p.m. Application for' HENRY DOMALESKI (re- cessed from 9-13-84). For variances: (a) to Article II1, Section 100-31 for appruva! of width (b) to New York Town Law, Section 280-A for ap- proval o! access. R-O-W off the North side of Oregon Road, Cutchogue; 1000-095- 01-part of 11. 7:45 p.m. Application of PATRICIA AND ~EINER LOLLOT for variance to Article Xl, Section 100-119.1(A) for permission to erect fence exceeding maximum four-foot height requirement at 1120 Ryder Farm Lane, Orient; 1000-015-05-024.11. (recessed from 9-13-84). 7:50 p.m. Application of ~ ~ 161 Brook Road, Westhampton Beach, NY 11978 for a Variance to the Zoning Ordinance, Article Ill, Section 100-31, for approval of an insufficient frontyard set- back of a one-family dwelling structure to be located at 675 Meadow Lane, Mattituck Es- tates Lot 42, Mattituck, NY: 1000-115-05-007. · &:05 p.m. Application of ~i)WARD L. HERRMANN, 1000 Mariene Drive, Matti- tuck, NY for a Variance to the Zoning Ordinance, Article ill, Section 100-31, for permission to construct addition with reduction of sideyard setback to less than the required 10 feet. Location of Property: 1000 Mariene Drive, Matti- . COUNTY OF SUFFOLK STATE OF NEW YORK Patricio Wood, being duty sworn, soys 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-Watch- man once each week for .......................... ../. ........... weeks successively, commencing on the ............... Z. ............... day ~/f' ................. ~<.~ ............................. 19 ........ ....... Sworn to before me this ................................ day of ............. . .~...~....~_..'~.. ~. .............. , 19......~.. Notary Public BARBARA FORBES lqotary Public, State of New York No. 4806846 Qualified in 8uffcik County Commission Expires March 30, 19 ~ LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following matters will he held for public hearings by the Southold Town Board of Appeals on THURSDAY, ~OCTOBER 11, 1984, commencing at 7:30 o'clock p.m. at the Southold Town Hall, Main Road, Southold, NY and as follows: 7:30 p.m. Application for J. SCHELI.I~NBACH AND A. ROJAS, 1225 Ninth Street, Greenport, NY for a Variance to the Zoning Ordinance, Article IH, Section 100-31, Bulk Schedule, for permission to con- struct deck addition with insuffi- cient side and rear yard setbacks and exceeding the 20% lot cover- age requirement. Location of Property: 1225 Ninth Street, Greenpert, NY; County Tax Map Parcel No. 1000-048-03-028; Greenport Driving Park Subdivi- sion Lot 4. :35 p.m. Application of~ S F. AND ELLEN M.~ TON, Box 1422, Southold, ! for a Variance to the Zoning ] inance, Article III, Section [ 31 for approval of the insuf- {. nt area and width of this par- ~ in this proposed set-offofland { ted along Hyatt Road, South- \ NY; County Tax Map Parcel } 1000-50.01-18.3 (part of] :40 p.m. Application for HENRY DOMALESKI (recks- ~ed from 9-13-84). For variances: (a) ~l~rticle IH, Section 100-31 for approval of width (b) to New York Town Law, Section 280-A for approval of access. R-O-W off the North side of Oregon Road, Cutchogue; 1000-095-01-pert of 11. 7:45 p.m. Application of PAT- RICIA AND REINER LOL- LOT for variance to Article XI, Section 100-119.1(A) for permis- sion to erect fence excee~i-~ m,-imum four-foot height re- quirement at 1120 Ryder Farm Lane, Orient; 1000-015-05- 024.11. (recessed from 9-13-84). 7:50 p~m. Application of RE- NATE RIEDEL, 161 Brook Road, Westhampton Beach, NY 11978 for a Variance to the Zon- ing Ordinance, Art/cie IH, Sec- tion 100-31, for approval of an insufficient frontyard setback of a one-family dwelling structure to he located at 675 Meadow Lane, Mattituck Estates Lot 42, Mattituck, NY; 1000-115-05- 007. 8:05 p.m. Application of ED- WARD L. HERRMANN, 1000 Marlene Drive, Mattituck, NY for a Variance to the Zoning Or- dinance, Article III, Section 100- 31, for permission to censtr~ct addition with reduction of sideyard setback to less than the required 10 feet. Location of Property: 1000 Marlene Drive, Mattituck, NY; 1000-114-2-40. 8:15 p.m. Application for DR. BALA HARI PILLAI, by G~ry F. Olsen, Esq., Box 706, Cuteh- ogue, NY 11935 for a Variance to the Zoning Ordinance, Article III, Section 100-30(C) for permis- sion to establish sleeping quar- ters in a nonconforming accel- sory building. Location of Prop- erty: 8280 Great Pecenic Bay Boulevard, Laurel, NY; 1000- 126-11.019. Persons desiring to be heard should so so, either in writing or in person, before or during the public hearing. For additional in- formation, please contact our of- rice at 765-1809 i Dated: October 1, 1984. BY ORDER OF THE SOUTHOLD TOWN ) BOARD OF APPEALS { ~: GERARD p. GOEHRINGER, CHAIRMAN ) 1TO4-4678 ANtrA T,RN',~AS of Greenport, in seid County, being duly sworn, says thet be/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newsl~per, published et Greenport, in the Town of $outhold, County of Suffolk snd Stste of New York, end thet the Notice of which the ennexed Js e printed copy, hss been regulsrly published in seid Newspaper once eech week for ~ weeks successively, commencing on the 4t-h deyof October 1984 Principal Clerk Sworn to before me this 4 th deyof Oct_~be~ 198d Town Hall, 53095 Main Road P.O. Box 728 Southold. New York 11971 (5161 765 1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 12, 19 84 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3289 application of James F. and Ellen M. Preston for a variance. Also included is notification to adjacent property owners; Short Environmental Assessment Form; copy of the deed; Notice of Disapproval from the Building Department; and survey. ?'[Vd~ith- T. Terry Southold Town Clerk Board of Appeals Town of Southold In the matter of the petition of James F. and Ellen M. Preston Statement one: The only side land owner of property contiguous property is the Estate of Charles S. Witherspoon. to the subject Statement two: Subject property will be used by applicants as a site for their proposed permanent personal residence. Applicants have sold their home, located 3 lots west of subjedt property and will build upon receiving the necessary apporval form the building department. Applicants have been residents at the same address for 8 years. Statement Three: The process to receive approval began with an inquiry of town records for a completed and approved certificate of occupancy for vacant land. Upon noticing that the process had not yet been completed since 1979, applicant began the process of obtaining the necessary documents for the planning board. Former applicant's attorney delayed the planning board for three months leading them to expect the necessary documents for their review and approval. The final approval of a 1979 application had been given subject to certain covenants and restrictions. Statement Four: Applicants are required to pay interest on the purchase price, for any delay of closing title. To date the payments made for the delay of this application exceed $3,500.00 BOARD OF APPEALS, TOWN OF SOUTHOLD : In the Matter or the Petition of : James F. and Ellen M. Preston : totheBoardofAppealsoftheTownofSouthold : TO: Estate of Charles S. Witherspoon Hortons Point Southold, New York 11971 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 (Variance) ~p~&~L~ff~J~~~X~ [circle choice] ). 2. That the property which is the subiect of the Petition is located adjacent to xour property and is des- Tax Map Section 5000, Block 100 Lot Part of 18000 cribed as follows: 3. Tha~Lthe p~roperty which is the subject of such Petition is located in the following zoning district: ~es£oential I- 4. That by such Petition, the undersigned will request the following relief: R~=I i ,=f frr~rn Article III, Section 100-31, Bulk Schedule: Less than 2 acres, less than 175' wide $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-( signed are Article III Section 100-31 Bulk Schedule 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. Dated: September 5, 1984 James F. Preston Petitioner ~bOStxO f~ ~: ~ 2~ddress Southold, New York 11971 NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED ~AIL RECEIPTS ADDRESS Robert Witherspoon, Executor Estate of Charles S. Wi therspoon Private Road Horton's Point Southold, New York 11971 There are no other contiguous landowners C~ $~ Form 3811, July 1G82 RETURN RECEI~' COUNTY OF SUFFOLK) .... ~'--q'~o,,~[. ; k~:~_,_~Ll~"Rk. It%-11 . being duly sworn, deposes and says that on the ,z::~l~ day of ~---]~['~ t ,19 ~::~, deponent mailed a true copy of the Notice set forth on the re- verse side' hereof, directed to each of the atiove-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 Towp of Southold; that said Notices were mailed at the United States Post Of- fice at ~-~l'~.t,,~ . JM,t4~ '~q.,%q.3Z_ ; that said Noti,Kes were mailed to each of said persons by (certified) (registered) ma'l. I \. L~ L__..~ Sworn to before me this ___~__ '__ day of 9 %,-i \ I Notary Public Memorandum from... · ! TOWN HALL. $OUTHOLD, N.Y. f1971 765-1809 To: Building From: Z.B.A. Department Date: 9/11/84 Please provide us with a copy of your Notice of Disapproval co:~cerning your recent discussions with James F. Preston, lO00-50-Ol-part of Lot 18, in order that the documentation submitted by Mr. Preston for' a variance may be filed accordingly. A copy o~ the sketch ma? o~.I~lining this 1.,tr. left with our office dei-~c~s~' '- the lot to be Lot 18.3. JAMES F. PRESTON P.O. BOX 1422 516 765 1115 Septmeber 5, 1984 Mr. Jerry Gerringer, Chairman Zoning Board of Appeals Town of Southold Southold, New York 11971 Dear Mr. Gerringer, Re: Variance Application The enclosed application is filed at the direction of Planning Board Chairman, Mr. Bennett Orlowski. Your favorable consideration will complete a process which began in 1979. I trust that the application is complete and that you and your staff will advise me immediately of any further documentation to enable the board to make its decision. We have sold our home and must complete the new one as swiftly as possible. If any additional documents are necessary or helpful I shall provide them to you at once. H~. ~s t RO~