Loading...
HomeMy WebLinkAbout3091Southold Town Board of Appeals MAIN ROAD-STATE ROAD 25 5OUTHOLD, L.I.. N.Y. 13973 ACTION OF THE ZONING BOARD OF AP Appeal No. 3091 Application Dated March 1, 1983 TO: Mr. and Mrs. John Kowalski, 404 Atlantic Avenue Greenport, NY 11944 (Public Hearing Jr. TELEPHONE (516) 765-1809 . EIVED AND FILED BY Tile SOUTi'iOLD TOVTN C .LERK h~ / 2, 3/,83 ) At a Meeting of the above appeal on your [ [ ] [x~ the Zoning Board of Appeals held on March 23, 1983 was considered, and the action indicated below was taken 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 [ ] Request for The public hearing on this matter was also held on March 23, 1983. Upon application of JOHN AND LINDA KOWALSKI, 404 Atlantic Avenue, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for a Certificate of Occupancy of Lot No. 3 of Minor Subdivision of Christine King, Map No. 117, with an adjustment of lot line between Lots 3 and 4, leaving insufficient road frontage for Lot No. 3 and leaving an insufficienn sideyabd setback from the existing dwelling on Lon No. 4. Each parcel contamns an area exceeding one acre. Location of Property: West Side of Ole Jule Lane, Mattituck, NY; County Tax Map Parcel ID No. 1000-114-12-013.3 and 013.4. The board mad~ the following findings and ene~nat~on. By this appeal, appellants seek to obtain a Certificate of Occu- pancy for Lot No. 3 of Minor Subdivision Map #117 of Christine King with a change in the position of the lot line separating the parcel in question and the parcel abutting on the south (Lot No. 4). Parcel No. 4 has constructed thereupon a one-story framed dwelling set back approximately 100 feet from Ole Jule Lane, sen back approximately 89 feet from the southerly property line. Applicants propose a 10-foot sideyard setback from the northerly property line of Lot 4 to attain as much road frontage as practical. Lon No. 3 is vacant, having an acreage of 1.793 and frontage along Ole Jule Lane of 100 feet, and thence widens out to 130 feet, 275 back from Ole Jule Lane. Lot No. 4 has an acreage of 2.348 and frontage along Ole Jule Lane of 150 feet. Appellants have received approval from the Southold Town Planning Board of the within proposal at a Regular Meeting held on March 7, 1983. It is noted for the record that the board members are familiar with the statements raised at the public hearing held March 23, 1983, objecting to this application. It is the opinion of the board that the ~hanges p~oposed will non alter the character of the neighborhood; that the subject parcel will conform ~n all other respects with zoning; and that the plan as Submitted is the most practical under the circumstances. In considering this appeal, the board determines ~hat the DATED: March 25, 1983. CHAIRMAN, SOUTHOLD TOWN .OF APPEALS Form ZB4 (rev. 12/81) ZONING BOARD Page 2 - Appeal Noo 3091 Matter of JOHN AND LiNDA KOWALSKI Decislon Rendered March 23, t983 variance request is not substantial; that the circumstances heroin are unique and practical difficulties have been. shown; that by allow- ing the variance no substantial detriment to adjoining properties would be created~ that the difficulty cannot be obviated by a method feasible to appellants other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population~ that the relief requested will be in harmony with and promote the general purposes of zoning; and that the interesss of justice will be served by allowing the variance. On motion by Mr. Douglass, seconded by Mr. Sawicki, it was RESOLVED~ that Appeal No. 3091, application of JOHN AND LINDA KOWALSK!~ BE AND HEREBY IS APPROVED AS APPLIED FOR. Location of Property: West Side oi O!e Jule Lane, Mattituck, NY; County Tax Map Parcels ID Noo 1000-114-12-13.3 and 13.4. Vote of the Board: Ayes: Messrs. Grigonis, Douglass and Sawicki~ (Members Doyen and Goehringer were absent.) Southold Town Board of Appeals MAIN ROAD- STATE ROAD :25 E~0UTHOLD, L.I., N.Y. ll=J?l TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHR[NGER, CHAIRMAN CHARLES GRIGONIS, .JR. SERGE DOYEN; JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI NOTICE IS HEREBY GIVEN, pursuant to Section 27~ or'the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals on WEDNESDAY, MARCH 23, 1983 commencing at 7:30 p.m. and as follows: 7:30 p.m. Application of JAMES AND DORIS IDLER, 27 Anoatok Drive, Huntington, NY 11743 for a Variance to the Flood Pl&in Management Law, Chapter 46, Section 46-7 for permission to utilize area below the eight-foot minimum-required elevation for placement of electrical u~ilities and equipment in this A-7 Flood Zone. Location of Property: 1010 Maple Lane, East Marion, NY; Cleaves Point Filed Map 4650, Subd. Lot 60; County Tax Map Parcel ID No. 1000-035-05-027. 35 p.m. JOH____~NAN__~D LIND____~A KOWALSK________~I, Application of 404 Atlantic f Avenue, Greenport, NY for a Variance to the Zoning Ordinance, Article ~ III, Section 100-31 for a Certificate of OccuPancy of Lot No. 3 af ~Minor Subdivision of Christine King, Map N°. 117, with an adjuStment /of lot line between Lots 3 and 4, leaving insufficient road frontage ~ for Lot No. 3 and leaving &n insufficient sideyard setback from the _ -- ~existing dwelling on Lot No. 4. Each parcel contains an area _ ~exceeding one acre.. Location of Property. west side Of Ole Jule Lane, Mattituck, NY, County Tax Map Parcel ID No. 1000-114-12,013.3 7:40 p.m. Application of JOHN ANDFRANCES DiVELLO, Drawer 1402, Westphalia Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article VIII, Section 100-80A fo~ permission to construct one-family dwelling in this "C-Light Industrial" Zone. Location of Property: 605 Mary's Road (a/k/a 305 Hill Street), Mattituck, NY; County Tax Map Parcel ID No. 1000-140-02-032. 7:45 p.m. Application of ANN WYDEN and PEGGY HELLER, One Harris Court, Great Neck, NY 11021 for ~ Variance to the Zoning Ordinance, Article III, Section 100-31 for ~ermission to construct screen-porch addition with a reduced rearya~d setback at '2015 Bay' Avenue, East Marion, NY; County-Tax Map Parcel ID No. 1000~31-17~002. Page 2 - Board of Zoning Appeals Legal NOtice of Hearings Meeting to be Held 3/23/83 7:50 p.m. Application of CHESTER M. FiAYER, 2265 King Street, Orient, NY for a Variance to the Zoning Ordinance, Article III, Secslon 100-35A for permission to erect fence exceeding the maximum height requirement of four feet within the frontyard area at 2265 King Street, Orient, NY; County Tax Map Parcel ID No. 1000-026-02- 043.2. 7:55 p.m. Application of ERNEST H. PRUSSNER, 910 Old Shipyard Lane, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to construct extension reducing the rearyard setback and exceeding the 20% maxl- mum allowable lot coverage at 910 Old Shipyard Lane, Southold, NY; Founders Estatss Map 834, Subd. Lot 91; County Tax Map Parcel ID No. 1000-064-04-0022. 8:00 p,m. Application of NORTH FORK BAPTIST CHURCH, C.R. 48, Mattituck, NY (by Gerry L. Horton) for a Variance to the Zoning Ordinance, Article III, Section 10~-31 for approval of lot having insufficient area and frontage along Westphalia Road. Location of Entire Premises: C.R. 48 and Westphalia Road, Mattituck, NY; County Tax Map Parcel ID No. 1000-121-02-021.1. 8:05 p.m. Application for GEORGE AND SYBIL PENNY, ~y Skinny Dip Pools Inc., Box 108, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct swimmingpool and fence in the front and side yard areas at 9305 Soundview Avenue, Southold, NY; County Tax Map Parcel ID No. 1000- 59-6-21. 8:10 p.m. Application of FRANK AND BRENDA CICHANOWICZ, Lupin Drive and Skunk Lane, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-32 and 100-35, for permission to construct accessory swimmingpool, detached garage, and fence exceeding the maximum-permitted four feet within the frontyard area at 255 Lupin Drive and 4135 Skunk Lane, Cutchogue, NY; Hickory Acres Map 3325, Subd. Lots 1 and 2; County Tax Map Parcel ID Nos. 1000-97- 9-15 and 16. ~ 8:15 p.m. Rehearing in the matter of ANN O'SULLIVAN, by Rudolph H. Bruer, Esq., Main Road, Southold, NY for a Variance for approval of ~ccess pursuant to New York Town Law, Section 280A. Location of Parcel in Question: 5692 Main Bayview Road, Southold, NY; County Tax Map Parcel ID No. 1000-78-4-41.2. 8:25 p.m. Application for PQRT OF ~GYPT ENTERPRISES, INC. Page 3 Board of Zoning Appeals Legal Notice of Hearings Meeting~t~ be Held 3/23/83 62500 Main Road, Southold, NY (by George A. Cottral) for a Variance to the Zoning Ordinance, Article VIII, Section 100-80A for permission to construct addition with an insufficient frontyard setback and to use p~oposed addition for retail sales in this'"C-Light Industrial" Zone. Location of Property: 62500 Main Road, Southold, NY; County Tax Map Parcel ID No. 1000-056-06-006. Any person wishing to be heard concerning the above matters should appear at the times and place above specified, or he may contact the Secret&fy at 765-1809 (or 1802). Dated: March 11, 1983. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEERINGER CHAIRMAN Instructions to Newspapers: Please publish once, to wit, Thursday, March 17, 1983 and forward affidavits of publication to: Board of Appeals, Main Road, Southold, NY 11971 on or before March 22, 1983. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL RV 1/80 File N~o ......... , ...................... . ~~ ~ ~./..~.~.~ ....... ~s~ ~ ~o~cs ~ you~ ~i~a~ion ~a~a ....... ~.. ,o~ ~ ~,..~//~~~...~ ~.~...~ ........ Location of Prope,y ~;~ ..... f~f. ~...~ ........ County Tax Map No. ?O~ection .. ~F ....... Block .. Z~ ....... ~t . .~/.~'~ .... is ret~ned herewith and disapproved on the follow~g grounds..~ ~. ..._..___..._.___.... .... ~mg Inspector TOWN OF SOUTHOLD, NEW' YORK FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, APPEAL NO. '~ ~ ? ! DATE ~/.~_~.~ ....... I, (We) .J..o..h...n....R....L.%.n...d.~..~iqw.~l~i£ ................ of ......~O..~...~l~.n~.a,C...~.v. ep_n~ ....................... Name of Appellant Street and Number .G.~...e..e...n..p...o..r...t.,:,.,N.,e.w.....Y..o..r...k..,..l_l...9.~ ............................................................. HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO .................................. DATED t~..e...]P~..u..a.,.~.~Z....2.,$.,....%..9..8.~. ............ WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X) Permit for Certificate of Occupancy for Lot ~3, Subd. Map of C. King I LOCATION OF THE PROPERTY .......... Qle Street Use District on Zoning Mop Subd. Map ~117, Christine King Minor Subd. Mop No Lot No. County ~a~ ~? ~ !00O, Sectio-TM- !!~, -~!eck 12, Let !3.3 ~= !3.4. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III, Section 100-31 Bulk 3. TYPE OF APPEAL Appeal is made herewith for (X) 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. Lows Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal kr'ixcJ~k(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 (X) A Variance to the Zoning Ordinance ( ) is requested for the reason that the proposed road frontage of 100' along Ole Jule Lane and sideyard setback of 10' from the existing dwelling to 'the division line between Subdivision Lots 3 & 4 are required to obtain a Certificate of Occupancy for Subd. Lot ~3 as shown on the attached February 16, 1983 survey. Form Z~! (Continue on other side) REASON FOR APPEAL Continued 1 STRICT APPLICATION OF THE ORDINANCE would produce practico~difficuJtiesorunneces- sarv qARDSHIPbecau~ on October 25, 1978, these two lots were formally approved by the Plannzng Board in the Minor Subdivision of Christine King; and due to the unusual location of the existing dwelling on Lot ~4 an alteration in the location of the lot line is required between Lots ~3 and #4 as shown on the attached survey dated February 16, 1983. It should be noted that the area of Lot ~3 will remain the same -- 1.793 acres and a variance is needed for the frontage along Ole Jule Lane of 100 feet. Lot ~4 will be in compliance with the zoning code, having an area of 2.348 acres. In altering the lot line, a variance will also be needed for the sideyard distance from~the existing house on Lot ~4 %o the northerly sideyard line. 2. The hardsh ~ created is UNIQUE and is not shared by ali properties alike in the immediate vicin,t, of this property and in this use district because this is a request for a change in the location of an existing subdivision line. 3 Tine Yar~ance would observe the spirit of the Ordmance and WOULD NOT CHANGE THE C~4ARACTER OF THE DISTRICT because the lots will not be changed ±n area and will remain the same as to character and u'Ee. This ms not a request for a new subdivision. STATE OF NEW YORK ) ) COUNTY OF SUFFOLK ) SS Signature ............................ 19 83. COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 LEE E. KOPPELMAN June 20, 1983 Town of Southold Board of Appeals Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications 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 Municipal File Number Anita M. Samuels Last Associates ~ohn & Linda Kowalski 3061 3070/ 3091~ GGN:jk Very truly yours, Lee E. Koppelman Director of Planning ../ ./ ~ , I/ Gerald G. Newman Chief Planner Southold Town Board of Appeals MAIN ROAD- ¢tTATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: XX Variance from the Zoning Code, Article III , Section 100-31 Variance from Determination of Southold Town Building Inspector ~ Special Exception, Article , Section __ Special Permit Appeal No.: 3091 Applicant: JOHN AND LINDA KOWALSKI Location of Affected Land: West Side of Ole Jule Lane, Mattituck, NY County Tax Map Item No.: 1000414-12-013.3 and 013.4 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 __ Existing or Proposed Right-of-Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Estab- lished Channel Lines, or Within One Mile of a Nuclear Power Plant __Within One Mile of An Airport. waas ~rant~dn COMMENTS: Applicant w~~~permission to (see attached decision) Copies of Town file and related documents enclosed herewith for your review. Dated: June , 1983. Secretary, Board of Appeals HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSK1, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. Southold, N.Y. 11971 TELEPHONE 765-1938 March 17, 1983 Mr. and Mrs. John Kowalski 404 Atlantic Avenue Greenport, New York 11944 Re: Proposed lot line change formerly Christine King Minor (#117) Dear Mr. and Mrs. Kowalski: The following action was taken by the Southold Town Planning Board, Monday, March 7, 1983. RESOLVED that the Southold Town Planning Board approve a set- off (106-13) for a lot line change as designated on the map of John P. & Linda F. Kowalski, formerly filed as Christine King Minor Subdivision #117, subject to applicant receiving approval for a ~ariance regarding road frontage from the Zoning Board of Appeals. Please forward the filing fee in the amount of $50 to our office along with four (4) copies of the final map. When the above condition has been met, the Chairman will endorse approval on said maps; two will be returned to you for your records. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD CC: By Susan E. Long, Secretary Zoning Board of Appeals/ 27 Anoatok Driw NY 11743 for a V Flood Plain Law, Chap~r 4 for permission below the minimum-requ for placement utilities and equ A-7 Flood Zone Property: 1010 East Marion, i Point Filed Ma Lot 60; Coun~ Parcel ID No. 10 7:55 p.m. JOHN KOWALSKI, Avenue, Grcenl Variance to Ordinance, Artt~ 100-31 for a Occu King, Map No adjustment of bots 2 and insufficient ro~ 'Lot No. 3 an insufficient sit from the extsti Lot No. contains an a" CESSPO( I SERVICE' , c, DAYSMAN MORRIS, Pres. ' 31 Years of Prompt ,&, D~pendebis Service' 2760 YENNECOTT DRIVE SOUTHOLD, L.I., N.Y. 11971 765-3300 CofltraCtor8 ' TWIN FORK 81DING CO. NEVER PAINTAGAIN RT.#, MA. I.~CK,N.y. Aluminum & Vinyl Siding, Trim, Roofing, Leaders and Gutters. Remodeling, Home Improvements, Blown one acre· ADDITIONS :::/g.~at~&o Property: WE RENOVATIONS Zule Lane MROOFING.785-3121 County Tax 1~ No. 10~1-114-12-BOB 7:40 p.m. ~ ~ ~- JOHN AN[ DiVELLO, ] I]Sidi~ ;TATE OF NEW YORK :OUNTY OF SUFFOLK ) SSI~ ~.~..e..~....~..e...e:,.~,...~.~/~....s..~..o. .................. .L... of Greenpert, in said County, says~/she is a representative of THE SUFFOLK TIMES, a weekly newspaper, published at Greenpert, in the Town of Southotd, County of Suffolk, State of New York, and annexed is a printed copy that has been regularly published in said newspaper once in each week for,.......Q.~.,e. ....... week(s) successively, commencing the....1...7-.~-~ day March 83 to ~fore me this...12.tlq. ....................... da-of March ,-1a .8.,~. . ......... , ...... NOTARy pij~RijC. State of New York No. 4707878. Suffo!k Term Exp.es March 3~ - LEGAL NOTICE : NOTICE IS HEREBY GIVEN, pursuant to SectiOn ~ 276 of the Town Law and the: Provisions of the Amended Code of the Town of Soathold, ' a Regular Meeting and the following public hearings .will_ be held by the Southeld Town., Board of Appeals Da WEDNESDAY, MARCH 23, lgS3'commencing at 7:30 andasfollows: ~,:~ 7:50 p.m. Application of. Drive and 4135 Skunk Lane, 7:30 p.m..Application of ~CHESTER M. MAYER, 226~ Cutchogue NY; Hickory JAMES AND DORIS IDLER. .~. King Street, Orient, .NY for a Acres Map 3325, Subd. Lots 27 Anoatok Drive, Huntington, ,l:Variance to the Zoning · .and 2; County Tax Map Parcel NY 11743 for a Variance to the ,Ordinance, Article III, Section ID Nes. 1000-97-9-15 and 16. Flood Plain Management : 100-35Aforpermissiontoercct . 8:15 p,m. Rehearing in the Low, Chapter 46, Section 46-7 , '.fence exceeding : the :: matter of ANN O'SULLIVAN. for permission to utilize area,, fmaximum height requirement by Rudolph H. Bruer, Esq., below the .eight-foot :.of four feet within the ]dainRead, Soathold, NYfora minimum-required elevation frontyard area at 2265 King ~'Variance for approval of for placement of electrical ;,? Street, Orient, NY; County ; access pursuant to New York utilities and equipment in this Tax Map Parcel ID No. 1000- . Town Law, Section 280A. A-7 Flood Zone. Location of :~.' 026-02-043.2. ~; :-.~ i . ;' Location of Parcel in Property: 1010 Maple Lane, ~.. 7:55 p.m. Application of .. Question: 5692 Main Bayview East Marion, NY; Cleaves ERNEST H. PHUSSNER, 910 :, Road, Southold, NY; County Point Filed Map 4650, Subd. 'Old Shipyard Lane, Southold, ~.Tax Map Parcel ID No; 1000- Lot 60; County Tax Map NY for a Variance to the ~&78-4-41.2. :zoning Ordinance, Article III, .~ 8:25 p.m. ApplicatiOn for p.m. :. Section 100-31, Bulk Schadul~ PORT OF EGYPT ENTER- JOHN AND LINDA <for permission to construct 'PRISES, .1NC.. 62500 Main KOWALSKI, 404 Atlantic extension reducing the Road, Southold, NY (by Avenue, Greenport, NY for ~ rearyard setback ~ and George A. Cottral) for a Variance to the : exceeding the 20~ maximum ~.Variance to the Zoning Ordinance, Article III .. allowable lot coverage at 910 ~ Ordinance, Article VIII, 100-31 for a Certificate of Old Shipyard Lane, Southuld,. i4:Sectioal00-a0Aforpermission Occupancy of Lot No. 3 of NY; Founders EstateS Map ~;.~to construct addition with an Minor Subdivision of Christine 834, Subd. Lot 91; County Tax / ~:';~linsufficient frontyard setback King, Map No. 117, with MapParcelIDNo. 1000-064414- . X~and to use pro)po?.ed addition . 0022. -~iilt ~'~ forretailsalesmthis"C-IAght 5ors 3 -and 4, leaving 8 00 p.m. Apphcafi'on of ~ ~Industrial" Zune.i,ocation-of insufficient readfruntage for NORTH FORK BAPTIST ~'Property: 62500 Main Road, Lot No. 3 and leaving an : CHURCH, C.R. 48, Mattituck, - Southold, NY; County Tax insufficient sideyard setback NY ( by Gerry L. Hortonl for a :: Map Parcel ID No. 1000-056-06- from the existing dwelling on Variance to the .Zoning ' 0~6. . Lot No. 4. Each parcel OrdinanCe, Article III, Section ~ Any person wishing to be contains an area exceeding 100-31 for approval of lot heard concerning the above one acre. Location of having insufficient area and matters should appear at the Property: West side of Die frontage along Westphalia times and place- above Jule Lane Mattitack,- NY; Road. Location of Entiret~ specified, or he may Contact County Tax Map Parcel ID Premises: C.R. 48- and ' the Secretary at 765-1809 (or · :Westphalia Road, Matlituck, 1802). :~'y:.: . NY; County Tax Map Parcel :~:Dated: March I1, 1983. JOHN AND FRANCES IDNo. 1000-121-02-021.L ' !~':: ¥~/: BYORDEROF DiVELLO, Drawer 1402, ' 8:05 p.m. Application for ! : :THESOUTHOLDTOWN Westphalia Road, Mattituck, ' : GEORGE AND '$YBIL :~ "BOARDOFAPPEALS NY for a Variance to the PENNY, by Skinny Dip Pccls ::': GERARD P. GOEHRINGER Zoning Ordinance, Article -Inc., Box 10~, Mattituck, NY VIII, Section 100-80A for~ for a Variance to the Zoning permission to construct one- Ordinance, Article III, Section family dwelling in this "C- 100-32 for permission to Light Industrial" Zone. construct swimmingpoo] and Location of Property: 605 fence in the front and side Mary's Road (a/k/a 305 Hill : yard areas at 9305 Soundview Street), Mattituck, ' NY; Avenue, Soathold, NY;County County Tax Map Parcel ID . Tax Map Parcel ID No. 1000- No. 1000-140-02-032. 59-6-21. 7:45 p.m. Application of ,8:10 p.m. Application of ANN WYDEN and PEGGY .FRANK AND- BRENDA HELLER, One Harris Court, CICHANOWICZ, Lupin Drive/ Great Neck, NY 11021 for a and Skunk Lane, Cutchogue, Variance to the Zoning NY for a Variance to the Ordinance, Article III, Section Zoning 0rdinahce, Article III, 100-31 for permission to 8~ctions 100-32 and 100-35, for construct screen-porch permission to construct addition with a reduced accessory swimmingpool, _ _ rearyard s~tback at 2015 Bay - detached garage, and fence. Avenue, East Marion, NY; -.exceeding the maximum- County Tax Map Parcel ID** - permitted four feet within the [~.~17M17-4192' ~: ' 'CHAIRMAN as follows: 7:30 p.m. Application of JAMES AND DORIS IDLER, 27 Anoatok Drive, Huntington, N.Y. 11743 for a Varinnce to the Flood Plain lvlnnagement f~r permission' to utilize are~ below the eight-font minlmum.~r~ required elevation for place- ment of electrical utilities and equipment in .this A-7 Flood, Zone. toention of Property: 1010 Maple lane, E.~ Mar- ion, N.Y.; Cleaves Point Filed ~p 4~0, suN. ~ot~ 60; County Tax Map JOHN AND LINDA KOWAL. SKI, 404 Atlantic' Avenue, C~eenport, N.Y. for a Vartaa~ ~o the Zoning Ordinance, Ar- ticle, IR, Section 100-~41 for a Ce~ificatq of Occupancy of ~ot No. 3 of Minor Subdivision of Christine King, Map No. 117, with an adjustment of lot line between Lots 3 and insufficient road frontage for Lot No. 3 .and leaving an insufficient sideyard setback from the existing dwelling on Lot No. 4. Each parcel contains an area exceeding one acre. Location of Property: West side of Ole Jule Lane, Matti- tuck, N.Y,; County Tax Map Parcel ID No. 1000-114~12- porn. JOHN AND FRANCES Di- VELLO, Drawer 1402, West- phaila Road, Matfituck, N.Y. for a Variance to the Zoning Ordinance..da'ticle VHI, Sec* tion 100-80A for perm~sion to construct one-family dwelling in this "C-Light Industria~-i~/ Zone. l~cation of Property: 605 Mary's Road (a/k/a 305 Hill Street), Mattituck, N.Y.; County Tax Map Parcel ID No. I000-140-02-032. 7:45 p.m. Application of ANN WYDEN and PEGGY HELLER, One Harris Court, Great Neck, N.Y. 11021 for a Variance to the Zoning Ordin- ance, Article 111, Section 100- 31 for permission to construct screen-perch addition with a reduced rearyard setback at 2015 Bay Avenue, East Mar- ion, N.Y.; County Tax Map Parcel ID No. 1000.31-17-002. 7:50 p.m. Application of CHESTER M. MAYER 2265 King Street, Orient, N.Y. for a~ Variance to the Zoning Or- dinance, Article IlL Section 100-35A for permission to erect fence exceeding the mn~imum height requirement of four feet within the front- yerd area at 2265 King Street, Orient, N.Y.; County Tax Map Parcel ID No. 1000-026-02, 043.2. 7:55 p.m. Application of ERNEST H. PRUSSNER, 910 Old Shipyard Lane, Sonthold, N.Y. for a Variance to the Zoning Ordinance, Article HI, Section 100-31, Bulk Schedule, for permission to construct extension reducing the rear- yard setback and exceeding thc 20% maximum allowable~ lot coverage at 910 Old Ship- yard Lane, Southold, N.Y.; Founders Estates Map 834, Subd. Lot 91; County Tax Map Parcel ID No. 100-064-04- and that the notice of which tF~l~nnexed is a printed copy, has been published in said L~ Island Traveler-Watch- / mon once each week for ........................................ wee[~ successively, commencing on the ............ ./..?. ................... .................... , Sworn to before me this / -~ ~ ................................ day of ............ ................. , CLEMENT J. TP, O.MPSON NOTARY Pd~LIC, S~te of :;~. 52-9321725 R~ding ~mi~ion Ex,res . Legal Notice of _ngs for March 23, 1983 Copies to the following on or about March 14, 1983: Mr. and Mrs. James Idler, 27 Anoatok Drive, Huntington, NY~11743 Mr. and Mrs. John Kowalski, Jr., 404 Atlantic Ave, Greenport, NY 11944 Mr. and Mrs. John DiVello, Drawer 1402, WEstphalia Rd, Mattituck 11952 Ann Wyden and Peggy Heller, One Harris Court, Great Neck, NY 11021 Ann Wyden and Peggy Heller, 2015 Bay Avenue, East Marion, NY 11939 Mr. Walter Gaipa (builder), Box 247, East Marion, NY 11939 Rudolph H. Bruer, Esq., attorney for 3hester M. Mayer Abigail A. Wickham, Esq., attorney for Ernest H. Prussner Mr. Gerry L. Horton, (builder) for North Fork Baptist Church New Suffolk, NY 11956 North Fork Baptist Church, C.R. 48, Mattituck, NY 11952 Mr. and Mrs. George Penny IV, Soundview Ave (~9305), Southold 11971 Skinny Dip Pools, Inc., Box 108, Mattituck, NY 11952 (Hand given 3/14) Mr. and Mrs. Frank Cichanowicz, Lupin Drive, Cutchogue 11935 Rudolph H. Bruer, Esq., attorney for Mrs. ~nn O'Sullivan Mr. George A. Cottral (builder), for Port of Egypt Enterprises Greenport, NY 11944 Port of Egypt Enterprises, Inc., Main Road, Southold, NY 11971 Mr. Scott Thomas, 138 Sterling Avenue, Greenport, NY 11944 L.I. Travler-Watchman Suffolk Times, Inc. Town Clerk Bulletin Board Supervisor Town Board members Town Attorney Planning Board Victor Lessard, Building Dept. Z.B.A. individual files (personal delivery) (personal delivery) JUDITI! T. TERRY TOWN CLERK REGISIRAR O1' VITAL SI \IISIICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 March l, 1983 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3091 application of John P. & Linda Kowalski for a variance. Also included is notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department; and Southold Town Clet'k JTT/bn Enclosures RECEIVED M/~!~ 0 l_ 1S~J TOWN OF SOUTHOLD, NEW YORK Clerk Sout~J~o~EAL FROM DECISION OF BUILDING INSPECTOR ^PPEAL ~Om ~J~/ ...... ..... DATE TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) d~.o.b.~...~...,~..~..~.a....~QW.~l~.~;i ............... of ......~.O.~...~.t.l~n~.c;..2~.~.en.u.e ........................ Name of Appellant Street and Number .G..~..e.~.~..°.~..t.?..,.~.e.~..Z.°.~.~....Z.~..9..4.~ ............................................................. HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ~.e...b.~..zlY.....~.,,5.,....~.9..8.3 ............ WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X) Permit for Certificate of Occupancy for Lot #3, Subd. Map of C. King 1. LOCATION OF THE PROPERTY .............. Street Use District on Zoning Map Subd. Map #117, Christine King Minor Subd. Mop No. Lot No. County Ta× M~? r~-~-~.~- !000 Section !!~. ..... k 12, Lot 13.3 & 13.4. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do nat quote the Ordinance.) Article III, Section 100-31 Bu]k .qchadu]n 3. TYPE OF APPEAL Appeal is made herewith 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. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal X~(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 ...................................................................... ( ) (X) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reasonthat the proposed road frontage of 100' along Ole Jule Lane and sideyard setback of 10' from the existing dwelling to the division line between Subdivision Lots 3 & 4 are required to obtain a Certificate of Occupancy for Subd. Lot #3 as shown on the attached February 16, 1983 survey. Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because on October 25, 1978, these two lot$ were formally approved by the Planning Board in the Minor Subdivision of Christine King; and due to the unusual location of the existing dwelling on Lot #4 an alteration in the location of the lot line is required between Lots #3 and #4 as shown on the attached survey dated February 16, 1983. It should be noted that the area of Lot #3 ~will remain the same -- 1.793 acres and a variance is needed for the frontage along Ole Jule Lane of 100 feet. Lot #4 will be in compliance with the zoning code, having an area of 2.348 acres. In altering the 1Ut line, a variance will also be needed for the sideyard distance from the existing house on Lot #4 to the northerly sideyard line. 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 this is a request for a change in the location of an existing subdivision line. 3 The Variance would observe the spirit ofthe Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the lots will not be changed in area and will remain the same as to character and use. This is not a request for a new subdivision. STATE OF NEW YORK COUNTY OF SUFFOLK SS Signature Sworn to this ........... 3..~.,~ ........................... day of ....... March /// · // Notary Public . ............................. 19 83. BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of John and Linda Kowalski to the Board of Appeals of the Town of Southold TO: Adjoining Property Owners NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Thee intention of the ~ersigned to p?ition the Board of Appeals of the Town of Southold/ to request a ~ (Special Exception) (Special Permit) (Other) [circle choice] (see 94 below) 1- 2. That the property which~i$ the subject of the Petition is located adjacent to your property and is des- cribed as follows: at the West side of Ole Jule Lane, Mattituck; Subdivision Lots 93 and 94 of Christine King Map #117; District 1000, Section 114, Block 12, Lots 13.3 and 13.4 3. That the property which is the subject of such Petition is located in the following zoning district; A-Residential Zone 4. That by such Petition, the undersigned will request the following relief: to obtain Certificate of Occupancy for Lots #3 and #4 with alteration of existing lot line between both lots, leaving less than 150' road frontage and less than 15' sideyard setback from existing dwelling on Lot #4. (copy of map enclosed) 5. 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 may then and there examine the same during regular office hours. (516) 76~5-1809. 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: FebrUary 25, 1983.. John and Linda Kowalski Petitioner Post Office Address 404 Atlantic Avenue Greenport, NY 11944 477-0778 Feller NAME Mr. and Mrs. D. Stanley Chase & F. Alice Pantaleo & J.W. Boutcher, Jr. Mr. and Mrs. William Stars PROOF OF MAILING OF NOTICF A~T~CH CERTIFIED MAIL RECEIPTS ADDRESS p~ tax records 88 Sexix Ave, Center Moriches, NY 11934 Giffords Express Drive North, Box 404, Main Road, Mattituck, NY 11952 (114-12~13.2) Br en tw°°d~12~_Y4_ll~ 717 (122-3-1.1) 173 Main Street, East Hampton, NY 11937 (122-4-2 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) Linda Kowalski , residing at 404 Atlantic Avenue, G~eenport, NY 11944 , being duly sworn, deposes and says that on the _~/~'~ day of ~;7/~4.~4_3 ,19 83 , deponent mailed a true copy of the N0tice set forth on the re- verse side hereot, 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 a~sessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at ~:~/-..~[~-/~ ; that said Notices were mailed to each of said persons by (certifieaJ ~ mail. Sworn to before me this 83. day of / ~7~'~./L~ .19 Notary Public S u,,J.,._EIIf] ,( ....... TAL ASSESSht~:i'i~ ~ ~ order to answer the questions in this short EAF i~ is ossume~ that the preparer ¥,ill use. currently available information concerning ~he project end the likely impacts of the actio'n. It is not expected thai additional studies~ research az other investigations ~ill be undertokeo. (b) If any question has been answered Yes the pro)oct may be significant and a completed Environmental Assessmen~ Form is necessary. (c) )£ oil questions have been answered No it is likel~ tha~ this pro,oct is no~ significant. ~ ..-, (d) Environmental Assessment ~. W±ii pro~ect resui~ in a large physical change /'~ to the pro~ect site or physically al~er more than lO acres of land? ........................ Yes 2. Wz~Z there be o mo3or change to any unzque or . -unusual land form found on the sitS? ......... Yes, existing body of ~ater? ...................... Y~, 4. %'till proj~c~ have a potentially large impact ° ¥ ~/.~o on ground,voter quality? ...................... es 5. ~'/ill project significantly effect drainage --~Z' flow on adjacent sites? ........................ Yes 6. %'/ill project o~ec~ any threatened or './ endangered plant or animal species? ........... YeS, 7. 8. Will project result in o major adverse effea¢ on air quality? ............................... Will project have o major effect on visual character of the community or scenic views or vistas known to:be impatient to the community?. 9. %';ill project adversely impact any site or s~ructure of historic, prehistoric or paleontological importance or any site designated os o critical environmental area by o local agency? .~- "~;' :' '-'- ...... 10. Will project have o major effect on existing or future recreational opportunities?. ......... 11. Will project resul± in.major traffic problems o~ cause a major effect to existing transportation systems? ....................... 'I odors, noise, glare, vibration, or electrical disturbance os o resul~ of %he projec%'s operation? ..'.. 13. Will project hove any impact on public health or.sofe~¥? .................................... 14. Will p~oject o£fect the existing community by direc[ly causing o growth in permanent population of more than 5 percent over o one year period or hove o major negative effect on tile character of the community or neighborhood? ................................. .. 15. ]s there public controversy concerning the project? ...................................... Yes. .Yes~o Yes, ~o P/No' Yes.~o PREPARER'S SICIIATURE REPI?ESEI~T ]NG -/ DATE ,~/~.~ ' February 2~ 1983 (Today's Date) To: Re: Southold To%¢n Board of Appeals Main Road Southo!d, NY 11971 Appeal Application of Location of Property: John & Linda Kowalski .Ole Jule Lane~ Mattituck Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Pa~ 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject property i~ the within appeal application: [ X '] . See attached prior DEC approvals concernin~ this property. [ ] May be locatad within 300 feet of tidal wetiands; hc%~ever, constructed along the water-lying edge of this property is a bulkhead in very good conditio~ and at least 100 feet in length.* [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately feet in length. [ ] [ ] 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 tidal wetlands; .and thare is no bulkhead or concrete wall existing on the premises. -[ ] Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [Starred items(*) indicate your property does not appear to fall within the jurisdiction of the N.Y.S. D.E.C.] Sincerely yours, (Signature please) NOTE: If proposed project falls wit~h/n D.E.C. jurisdiction, approval must be received an~ submit~Sd to our office before your application can be.scheduled for a public hearing. York S~at~ Dep:.~rtmant o'~ Environmental Conservation Environs.rental ~talysis Unit Building l~0, SUNY Stony Drook, NY 11794 (5].6) 75].-7900 Peter A. A. Bede, Commissioner February 27, 1978 To %q~om It 1.1ay Concern: Re: TW 15275-0101 The 9/27/76 letter concerning home construction on lot .%, Map of Property of Christine King is hereby amended to change the restriction as folios/s: Home construction ~tust be at least 75' east of line of ,.marsh" shown on survey. Cesspools must be at least 100' from this ]ina. This letter is to he attached to or made part of our previous determination. Very truly yours, Alte'~nate Local Tidal Wetland Permit Administrator RLH/cr EnvironmentalAnmlysis Building 49, Stony 3rook~ ~P2 11794 51~ 751-7903 September 27, 1976 ChristineKing c/o Mrs. Ebba Concagh 8 Cake Walk Terrace Smitktown, NY 11787 Re: Petition Mo. TW 15275-0101 Gentlemen: Your petition for a Tidal ~etlands ~bratoritm~ permit has Been reviewed by this office. As a result, we have determined that construction of a one-f~m{ly dwellin§ on lot 3, Map of property surveyed for Christine King, west side Olejule Lane, Mattituck, T4~wn of Southold, will have no adverse effect upon adjacent tidal wetlnds. Hame is %~ be situated 100' west of roadway. There'ts to be no disturbance of area shown of map as "marsh." Therefore, pursuant to Section 25-0202 of the Environmental Conservation Law and $ ~.CfC.RP., Part 060.3 (c), you are hereby notified that no permit will be necessary. A copy of this detemination must be available at the job site at all times durin~ construction activity. Ver~ truly yourm~ Daniel ~. Larkin Local Tidal !'[etlands Permit Administrator DJL:slm cc~ File Corp~ of Engineers~ ~f District Louis ~[. Concra= Albany September 28, 1976 Mrs. Ebba Concagh 8 Cakewalk Terrace Smithtown, New York 11787 Dear Mrs. Concagh: The following action was taken by the Southold To~n Planning Board at a regular meeting held September 20th. RESOLVED to approve the minor subdivision of property of Christine King. RESOLVED to grant a release on Lot #3 in the subdivision of C.hristine King. I enclose the original of the covenants and restrictions which you must file with the Suffolk County Clerk. Upon receipt of same in this office, I will have the chairmen sign your map. Yours truly, Copy to BUilding Inspector Muriel Brush, Secretary - by Christine King , residing au United~~P~sbyterlan Home, 378 Syosset-Woodbury Road, Woodbury, New York 11797 , hereinafter called the ~sqqEREAS, the 0~er has title to certai~. !~ds situate, lying ~d being at Mattituck , in the Tovrn o~ Sou~old, Co~uty of Suffolk ~d State of New York, said lends here~na~ being more particularly described; and W~a~R~,S, it is the Ovmo~'s intention -that ~ ~ ~ '' lands be subdivided into a minor subdivision consisting of not more than four (#) residential lots; NOW, T~O~, the ~ol!ow~ng descrmo~d t~uds shall be · esvrm~v~d as hereinafter set fo~ ~h. ~ t~t ce~n Dlot, pi~e or panel of land, with the buildings and improvements ther~n erected, situate, lying and being ~ at Mattituck, in the Town of Southold, Suffolk County, New York, bounded and described as follows: BEGINNING at a point marked by a monument on the westerly side of Olejulane at the northeast corner of the premises herein des- cribed and the southeast corner of land now or formerly of Colon (which point is South 7 degrees 32 minutes 40 seconds West 242.82 feet from the intersection of the southerly side of New Suffolk Avenue with the westerly side of Olejulane); runnzng thence South 7 degrees 32 minutes 40 seconds West, 316.57 feet; runnzng thence North 69 degrees 09 minutes 50 seconds West, 386.28 feet; runnzng thence North 50 degrees 26 minutes 00 seconds East, 140.0 feet; ~ runnzng thence North 88 degrees 39 minutes 30 seconds East, 45.65 feet; runnzng thence North 00 degrees 37 minutes 10 seconds East, 112.68 feet to a point marked by a monument; runnzng thence along land now or formerly of Addy, South 54 degrees 47 minutes 10 seconds East, 107.09 feet; runnzng thence North 00 degrees 34 minutes 30 seconds East, 72.0 feet to a point marked by a monument; runnzng thence along land now or formerly of Colon, South 68 degrees 57 minutes 30 seconds East, 106.68 feet to a point marked by a monument; running thence, still along land now or formerly of Colon, North ~8 degrees 29 minutes 00 seconds East,.60.09 feet to the monument at the point or place of BEGINNING. / j ~ that cecal( ol.ot, piece or parcel of land, wi~'~ the bui~ ~,s and improve,nents thereon erected, situate, ,,~ lylngand being Jl~ at Mattituck, in'tile Town of ~outhold, Sufgdlk County, /, C~ New York, bounded and described as follows: BEGINNING at a point on the westerly side of Olejulane at the northeast corner of the premises herein described (which point is South 7 degrees 32 minutes 40 seconds West, 859.39 feet from the intersection of the southerly side of New Suffol~A~enue with the westerly side of Olejulane); running thence South 7 degrees 32 minutes 40 seconds West, 150.0 feet to a point marked by a monument; running thence in a westerly direction along the northerly line of land now or formerly of Stars, the tie-line course of which line runs North 83 degrees 20 minutes 30 seconds West, 119.98 feet; running thence along land now or formerly of Arnold, North 76 degrees 28 minutes 00 seconds West, 79.02 feet; running thence, still along land now'or formerly of Arnold, South 83 degrees 59 minutes 30 seconds West, 76.42 feet; runnzng thence, still along land now or formerly of Arnold, North 70 degrees 52 minutes 00 seconds West, 103.73 feet; running thence still along land now or formerly of Arnold, North 76 degrees 40 minutes 50 seconds West, 290.82 feet; runnzng thence along land now or formerly of Boutcher, North 17 degrees 54 minutes 00 seconds East, 113.26 feet; runnzng thence South 82 degrees 27 minutes 20 seconds E~st, 643.45 feet to the point or place of BEGINNING. - lying andbeing~.'~ac~ at Mattituck, in the Town of Southold, County of Suffolk, New York, bounded and described as follows: BEGINNING at a pofnt on the westerly side of Olejulane at the northeast co~ner of the premises herein described (which point is South 7 degrees 32 minutes 40 seconds West, 559.39 feet from the intersection of the southerly side of New Suffolk Avenue with the westerly side of Olejulane); running thence South 7 degrees 32 minutes 40 seconds West, 150.0 feet; running thence North 84 degrees 11 minutes 50 seconds West, 619.76 feet; running thence along the easterly side of land of Munn, North 34 degrees 22 minutes 30 secondsfEast, 360.22 feet to land now or formerly of Bond; running thence along said land, South 65 degrees 55 minutes 40 seconds East, 65.0 feet; running thence along land now or formerly of Rose, South 14 degrees 50 minutes 00 seconds East, 49.0 feet; running thence South 69 degrees 09 minutes 50 seconds East, 386.28 feet to the point or place of BEGINNING. ~IJ. Lh~t ~aln plot, piece or parcel o~ l~d, with the buildings ~td improvements there~ erected, situate, l~ng~d~mgJ~ at Mattituck, in thrown of Southold, Suffolk County, New Yo~' Bounded and described as' ~ollow~: ~ ~ BEGINNING at a point on the westerly side of Olejulane at the northea'st corner of the premises herein described (which point is South 7 degrees 32 minutes 40 seconds West, 709.39 feet from the intersection of the southerlY side of New Suffolk Avenue with the westerly side of Olejulane); running thence South 7 degrees 32 minutes 40 seconds West~ 150.0 feet; running thence North 82 degrees 27 minutes 20 seconds West, 643.45 feet; running thence in a northerly direction along the easterly line of a gutter, the tie-line of which runs North 17 degrees 54 minutes O0 seconds East, 133.32 feet; running thence South 84 degrees 11 minutes 50 seconds East, 619.76 feet to the point or place of BEGINNING. DECL~_R_A~[T does hereby warrant, covenant and represent that on approval of the aforesaid described lam_ds as a minor subdivision by the Planning Board of the Term of Southotd, no further application will be made to that Board or to any other Board in the Town of Southold to further subdivide any of the lots set forth in said minor subdivision. DECLARJ~NT does hereby further warrant, covenant and represent that the aforesaid described lands within the minor subdivision camnot be subdivided into more than £ou~ lots mhd that each such lot shall comprise an area of not less than 1.793 acres DECLARANT doDs hereby further warrant, covenant and represent that the foregoing restrictions and agreements shall bind the undersigned, his heirs, successors and assigns, and any and all person or persons who shall succeed to the ovmer- ship of any of the lots shovm on said aforedescribed premises in said minor subdivision by transfer or otherwise. IN ~iTNESS ¥~HEREOF, ~ne '~ Declarant has caNsed his h~nd STATE OF NEW YORK SS.: COO~TY personally came~q~h~.~{~ , to me knovm said k_nova~ to me -~o be t~e zndzvzdual aescrze~d mn and who executed the fore- going instrument and acknowledged to me thatshe executed the same. QuaShed in~u ~unty ~:rs. Muriel Brush, Secretary Planning Board, Town of Southold Suffolk County Southold, N. Y. 11971 (~ COUNTY ....... Real Property Tox Service Agency IOOG 0 APPROVED BY PLA ,~,,m,tu BOAR. D ~,~,.J.. O~ .~Du~,,..,-D /. "7 9,~ g. 3 (+;,/,'.,)