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HomeMy WebLinkAbout30902265 King St., Orien~ ~ ~ 3/23/83 CA-erect fence exceeding the maximum height requirement of 4' within the frontyard area. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11cJ71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3090 Application Dated February 24, 1983 (Public Hearing held TO: Rudolph H. Bruer, Esq., Attorney for MR. CHESTER M. MAYER Main Road Southold, NY 11971 3/23/83) [Appellant(s)] APRIL 27, 1983 At a Meeting of the Zoning Board of Appeals held on the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section ~ ] Request for Variance to the Zoning Ordinance Article III , Section 100-35A [ ] Request for The public hearing concerning this application was held on March 23, 1983. Upon application for CHESTER M. MAYER, 2265 King Street, Orient, NY, by Rudolph H. Bruer, Esq., for a Variance to the Zoning Ordinance, Arti- cle III, Section 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 No. 1000-26-2-43.2. The board made the following findings and determination: By this appeal, appellant seeks to maintain an existing six-foot high stockade-type fence along an 50-56' portion of the southeasterly boundary of the subject premises which is deemed to be within the frontyard area. The premises in question is a 40,131 square-foot parcel located at the northeasterly side of King Street, Orient, having frontage of 200 feet and an average depth of 201.74 feet, and is improved with a one-family, two-story frame dwelling set back approximately 82' from King Street. Upon inspecting the premises and adjoining properties, the board finds that the premises to the east of the subject property has con- structed thereupon a one-family dwelling set back from King Street approximately 22 feet, and technically the neighboring premises would be able to have the same relief requested by this application without a variance. It is the opinion of the .board that the relief requested herein is not unreasonable under the circumstances. In considering this appeal, the board determines tbat the variance request is not substantial in relation to the requirements of zoning; that the circumstances are unique; that by allowing the variance no substantial detriment to adjoining properties will be created; that the difficulty cannot be obviated by a method feasible for appellant other than a variance; that the relief requested will be in harmony with and promote the general purposes of zoning; and in view of the manner in which the difficulty arose and in consideration of all the above factors, the interests of justice will be served by allowing the variance as indicated below. (CONTINUED ON PAGE TWO) DATED: May 12, 1983. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOW/~ ZONING BOARD OF APPEALS Page 2 -Appeal No. 3090 Matter for CHESTER M. MAYER Decision Rendered April 27, 1983 On motion by Mr. Douglass, seconded by Mr. Sawicki, it was RESOLVED, that Appeal No. 3090, application for CHESTER M. MAYER, for permission to maintain (or re-erect) six-foot high fence extending along an area near the southeasterly line of the premises, BE AND HEREBY IS APPROVED, SUBJECT TO THE FOLLOWING CONDITION: That the six-foot fence shall not be erected any closer than 36' to King Street along the southeast property line. Location of Property: 2265 King Street, Orient, NY; County Tax Map Parcel No. 1000-026-02-043.2. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass and Sawicki. (Member Grigonis was absent due to illness.) This resolution was unanimously adopted. R~C~,~,~D AND FILED BY THE ~? .....~"~ ~',~ ~,~ TOWN cr.v. RK DA~ EOUR Town CLr~. Town of ~7outhold Chai~an Board of Appea Southold Town Board of Appeals MAIN ROAD- C::TATE ROAD 2=` c~OUTHOLD. L.I.. N.Y. 11'=371 TELEPHONE (516) 766-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER CHAIRMAN CHARLESGR~GONIS~JR. SERGE DOYE~ JR. ROBERT J. DOUGLAS$ JOSEPHH. SAWICKI NOTICE IS HEREBY GIVEN, pursuant to Section 276 of-the Tow~ 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 JANES AND DORIS IDLER, 27 Anoatok Drive, Huntington, NY 11743 for a Variance to the Plood PlAin Management Law, Chapter 46, Section 46-7 for permission to utilize area below the eight-foot minimum-required elevation for placement of electrical utilities and Location of Property: 1010 Point Filed Map 4650, Subd. 1000-035-05-027. equipment in this A-7 Flood Zone. Maple Lane, East Marion, NY; Cleaves Lot 60; County Tax Map Parcel ID No. 7:35 p.m. 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 6f 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 &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 and 013.4. 7:40 p.m. Application of JOHN AND FRANCES DiVELLO, Drawer 1402, Westphalia Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article VIII, Section 100-80A for 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 Necks NY 11021 for a Variance to the Zoning Ordinance~ Article III, Section 100-31 for permission to construct screen-porch addition with a reduced rearyard 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 ~ AppliCation of CHESTER M. MAYER, 2265 King Street, rient, NY for a VarianCe to the Zoning Ordinance, Article III, /Section 100-35A for permission to erect fance exceeding the maximum height requirement of four feet within the frontyard area at 2265 J King Street, orient, NY; County Tax Map Parcel ID No. 1000-026-02- f 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 100-3I, Bulk Schedule, for permission to construct extension reducing the rearyard setback and exceeding the 20% maxi- mum allowable lot coverage at 910 Old Shipyard Lane, Southold, NY; Founders Estates 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 100-31 for iapproval 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, Uy 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, Sou~hold, NY for a Variance for approval of access pursuant to New York Town Law, Section 280A. Location of Parcel in Question: 5692 Main Bayview Road, Southold, NY; County Tax Map Parcel ID N~. 1000-78-4-~1.2. 8:25 p.m. Application for PORT OF EGYPT ENTERPRISES, I~C., Page 3 - Board of Zoning Appeals Legal Notice of Hearings Meeting-~to be Held 3/23/83 62500 Main Road, Southold, NY i(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 76.5-1809 (or 1802). Dated: March 11, 1983. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRPLAN 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 File No ................................ Date· .~...~. ~'ff ,19..~..~. To..C~/~.~...~.~. ~~.... ~'~ .............. PLE~S~ T~E NOTICE that your application dated . for pemit to construct... ~ ............................. ~ ................. at Location of ProPe~y ~6~ ~o~ ..... ~ st~t .... ~/~i County T~ Map No. 1000 Section .... ~.~.~. Block ........ ~ ~. ~t . .~ ~..... ~.. Subdivision ..... .-.~ .-: ....... Filed Map No. ~ ............... LotNo ........... ~ ....... · ' ' ' Building Inspector ~ ' ' ' ' RV 1/80 FORI~ NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1803 Examined ................ ,19 ... Approved ................. 19... Permit No ............ Disapproved a/c ..................................... 4 - ,v Application No .................. (Building Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS a. This application must be completely filled in by typewriter orin ink and submitted to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on promises, relationship ro adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit ~all be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy ~bnll have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for tlie issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other appfcable Laws. Ordinances or Regulations, for the construction of buildings, additions or ~r for removal or demolition, as lierein described. The applicant agrees to comply with all applicable laws, ordinances, hous~>g code, and reg~,3t4o~, and to admit authorized inspectors on premises and Lq btfilding for necessary i of a corporation) ' (Mail/nh address of a State whether applicant is owner7 lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. ..... (3 .¢.' .Xg- ........................................... : .................................. Name of owner of premises ..... .Qr..~..~.~...T'..~-~..~... o, .~:. !.'~ .~.~.~.~. ..................................... (as on the tax--roll or latest deed) If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No~..'....' ...... ./~...... ..... Plumber's License No./ 'x'~' .... ~ ........ - ' Electrician's License_fl~r6 ...... .x~ .............. , Other Trade s 'License No .......... .~. ......... l. Location ofland on which proposed work will be done. ' oc~-~,o ~.,~s ~ ................................ .... : .............. House Number Street Hamlet County Tax Map No. I000 Section .......... . .'-'~..~.... Block .....~ .......... Lot . . ./'f.~: . .~... ........ Subdivision .... ~ .~. ........................... Filed Map No..~/3C. ......... Lot..jkJ. ~ ......... (Name) State existing use and occupancyxff.~z:emises and intended use and occupancy of proposed construction: a. Existing use and occupancy ............................ , ................................ b. Intended use and occupancy .............................. (Description) 4. Estimated Cost ~ 'D/~OO ,Ck.~ c~ tS ,fOb (to be paid on f'ffing this application) 5. If dwelling, number of dwelling units .. ~Y~[~ ./~.- ..... Number of dwelhng units on each floor ................ If garage, number of cars ...... /O/-.Y2~. ......................................................... 6. If business, commercial or mixed occupancy, specify nature ~nd extent of each *ype of~se./~..~4¢? ...... ;~ ...... 7. D~menmons of ex~st~ng structures, if any: Front.. ~. 2.-5-. ...... Rear ....'--.~6..~. .... Depth . .-~.~..~.. ....... Height ............... Number of Stories ...--/TctiO ................................................. Dimensions of~saSn3re~structure with alterations or additions: Front ... ~ g~. ........ Rear . /,.4.'/D~x ........ Depth ..... ~ ~ ............. Height .... j~/~/. ~ ............ Number of Stories . .x/~?.//~. .............. 8.He~ohtDimensi°ns of %ntire,new construction:' Front .... x/~-/.,7~-.yl2, ...... Rear....~.. ~/f"~T.. ..... Depth .//~..~:~.. ....... 'gU ..... /id. d..~._.. Numb~el* of Stories ....... : .~. ................................. ] .......... 9. Size of lot: Front .., .,.~ .O.~O~ .;.. ...... Rear . .~-2,CD¢.5! ......... Depth .]~.~./..././.'~./.¢ / 10. Date of Purchase ' [0 ~ Name of Former Owne ' ;r ....... t 1. Zone or use district in which premises are situated ..................... ,~. ~oe~ progt~eu ~m~rru~mn ~,Jla~e-m& zomng mw, u~&n~nce or regu,anon: . .J~.~t ....................... 13. Will lot be regraded ..... ~.(ok .................. Will excess fill be removed~ from premises: Yes 14. Name of Owner of premises,...Cg'-Y.?_~5...~. .Cg'-Y.?_~5...~. P~O~/O~ddress . .&~/?~.'l..,Ctl.,. O/Ty.~/-r.r.q~hone No. ~ .~5 .~.~.S&~.. Name of Architect ..... ½~: F)r- ................. . kddress ...'. :...~..c~..'7 & .~... tthone No ................ Name of Contractor .../yr./...Ow: ................. Address ................... Phone No ................ PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set-back dimensions from property tines~ Give street and block number or description according to deed, and show street names and indicate whether interior or coruer lot. 1 3TATE OF NEW YO~RK~, ~ &t~,: ' . .. ................... berg dffiy sworn, depots ~d (N~e >f md~vi~ua~ ~i~n~g contract) ~bove named. says that he is the applicant ie is the ....... ~ ..[./. ....... !~. (Contractor, agent, corporate officer, etc.) )f said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this pplication; that all statements contained in this application are true to the best of his knowledge and belief; and that the york will be performed in the manner set forth in the application filed therewith. ;worn to before me this ..................... day '. ......19 "': ....... :'" :" 'ti Qua ,, ;!I KL,~a Coun :' re Of apphcan TOWN OF SOUTHOLD, NEW YORK ^ PE^LCJ- P3 FROM DEC,S,ON OF BU"D'NG 'NSPECTOR TO THE zONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) ~ ~" ~ of ~65 ~g Name of Appella,nt Street and Number ......................................................................................................................... HEREBY APPEL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. DATED geae~e~ ZZ, Z98~ WHEREBY THE BUILDING INSPECTOR DENIED TO DATE ... ,2. ,/. ,~. 3/..8..3. ........... ( ) ( ) (x) CHESTER M. MAYEI~ Name of AppJicont for permit of 2265 King St., Orient, N.Y. ~t~';~;c ~;~J 'l~j~i~ Municipality ..... ~-~ ...................... PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO CONSTRUCT 1. LOCATION OF THE pR©pERTV2265 King St., Orient "A" Res./A~ri. Street . Use District On Zoning Map Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinances) Article III, Section 100-35 A 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 Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (P'~:3 (has not) been made with respect to this decision of the Building inspector or with respect to this property. Such appeeJ was ( ) request for a special permit ( ) request for a variance and wes made in Appeal No ................................. Dated ( ) (X) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance maintain is requested forthe reasonthat .A~ppellant desires to ~c~ a 6 ft. high stockade ~ type ~fenc~ along a~ 8f~f~i Portion of the property's southeast boundary, extending partially into thefront yard area of the property. (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practica]difficu[ties or unneces- sary HARDSHIP because applicant would be unable to create the privacy he desires between the subject premises and the adjacent property to the southeast. 2. The hardshipcreatedis UN[QUEandisnotsbared by ali properties alike in the immediate vicinity ofthis property and in this use district because the dwelling on the applicant's property has a front yard set-back from King Street of 82 feet, whereas the dwelling on the premises to the southeast sits practioally on the road. This situation creates a serious !ack of privacy which cannot be alleviated by restricting the fence to the side yard of the premises. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because both the applicant's dwelling and the dwelling on the adjacent property to the southeast remain clearly visible from either direction on King Street. The fence creates no obstruction to visibility except as desired between the adjacent properties. STATE OF NEW YORK ) )~ .ss COUNTY OF SUFFOLK ) ' // Sionoture Mary. Diana .Foste~, ~r~ Rudolph ~ ~~ttorney. lf fDr19 83Appellant Sworn to this ..............................................day of ............................7"~" ................. Southold Town Board of Appeals MAIN RrlAD- STATE ROAD 25 SEIUTHOLD. L.I., N.Y. 11cJ'71 TEl FPHONE (516) 765-'~809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI May 13, 1983 Rudolph H. Bruer, Esq. Main Road Soutbold, NY 11971 Re: Appeal No. 3090 - Chester M. Mayer Dear Sir or Madam: 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 GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski Secretary MAIN R{3AD March 24, 1983 Southold Town Board of Appeals Town Hall Main Road Southold, New York 11971 Re: Appeal of Chester M. Mayer Gentlemen: As you directed at last night's meeting, we enclose herewith the following: 1. Copy of deed dated 2/7/74, made by N. Douglass Lathem and Audrey E. Latham, his wife, to Pierre-Andre Gazarian, re- corded 2/25/74 in Liber 7593 page 439. 2. Copy of title policy (8008-272497) issued by Foremost Abstract Inc. referring to Covenants and Restrictions contained in the above deed. 3. Copy of deed dated 4/9/81, made by Pierre-Andre Gazarian to Chester M. Mayer, recorded 4/29/81 in Liber 8995 page 111. This deed refers again to Covenants and Restrictions contained in Liber 7593 page 439. You will note that the Covenants and Restrictions contained in the Latham/Gazarian deed make no reference to fences or the height thereof. S~rely, Rudolph H. Bruer P, HB/df Encs. 7593 439 THIS INDENTURE, made the ~ day of February , nineteen hundr~ ~ sevent~-h.mr, BE~ N. DOUGLASS LATHAM and AUDREY E. LAT~M, his wife~ both residing ~t 12~ Fourth Avenue, Haddon lleighta, New Jersey, party of the first part, and PIERRE-ANDRE GAZ:\I{IAN0 residing at 20 Beekrna,t Place° New York, New York, P..EAL ESTATE . TATE OF *' ; -"' l;~.u-~.~r:a I~^~ . . %.- ,oW lOkK * ...... : of the second pa~ ........... ~1'~ that the pa~y of the 6rst part, in consideration (St 00)---- ~wJul monty of thc United States, and other good ~nd valuable consideration paid b~ the party of the s~ond part, docs hereby grant and rel~a~e unto the part)' ~ucces~s and assigns o[ tbe party of the second part ~ that c~rt.ain plot, piece or parcel of land, with the bu'~dings and improvements thereon erected, situate. lying and being ](a.xll~x at Orient. Town of Southold. County of Suffolk and State of New York. bounded and described as follows: BEGINNING at a point on the northeasterly side of King Street where the same is intersected by the division line between the northerly side of land now or former of R and M Schnoor and the southerly side of the hereinafter described parcel; ru.nni, ng t.h~ence along the northeasterly s~de of King Street North 40 degrees 00 ~ manures zu seconds West 200 feet to land now or formerly of the party of the first part; thence North 49 degrees 59 minutes 50 seconds East 215.59 feet to the westerly side of land.now or formerly of Vilna Estates, Inc.; thence along said land, South 32 degrees 01 minute 50 seconds East 199.92 feet to the northerly side of land now or formerly of R and M Schnoor; and thence along said land, South 49 degrees 22 minutes 50 seconds West 187.89 feet to the northeasterly side of King Street, at the point or place of beginning. The conveyance is made upon the express conditions and the part~: of the second part, for himself, his heirs or assigns does hereby covenant and agree to and with the parties of the first part, their heirs or assigns as follows: 1. That no structure other than one single family dwelling with a private garage shall be erected or caused to be erected upon the premises. 2. That the exterior of all structures erected upon the premises shall be completed within one (1) year from the date of the Commencement of construction thereof. 3. That no structure shall be erected or structurally altered in such manner as to alter the exterior appearance of the structure on the premises until the plans and specifications therefor and a plot plan showing the location thereof on the premises are approved in writing by the parties of the first part, or a person designated by the parties of the first part for such p. rpnse. The parties of the first part t:ovuna,,L and agree that stLcit appv,,.ats wilt ,.)t be unreasonably with- held and that the parties of thc first part will :t,:t upon such requests or approvals within a reasonable period of time. 4. That the foregoing covenants and restrictions are to run with the land and shall be biqding upo,, the party of tile second part, and his heirs and assigns. K4~7 33 Q~7 12 0~478 4-1Q-81 S40,000.00 l~orbum~imuredbyt]dspolicyb FEE $ll4PI.E vestcdintbcinsuredbyu~.e~d ~tmd 4-09-81 and n~orded uJ~ tM ,~UffQlk Coun~ Clerks SCHEDULE A which tl~ insured Ires tl~ estatc or interest covered by this policy is dcscribed on the description sbc~t SCHEDULE B e~atce, interests, defects, objectiom to title, liens, and Othor nmtters are excepted from the covera~ of this incumbrances irising or becoming a lien after the date exit ~ b~r~n provided. ~ of the exercise and enforcement or attempted enrorce- Sovernments], wm or police powers over the ptemises. reauhtto~ or ordinances (including, but not limited to nad environments] protection) as to the use, occupancy, of the premises adopted or imposed by nny Or the effect of rely noncompliam~ with or any 4. Judgments against the insured or estates, interests, defecM, ol~ecflonn, liens or incumbrances created, suffered, ~sumed or a~eed to by or with the privity of the insured. 5. Title to any property beyond the lines of the pretmses, or title to areos within or rights or easements in any abutting strcet~, roids, ivenues, hnea, ways or waterways, or the t~ht to maintain therein vaults, tunnels, ramps or any other structure or improvemeM, unless this poUcy specifically provides that such titie~, rishtA, or ettemcnts are insu~. Notwitlutandin~ any provisions in this paragraph to the contrary, this policy, unless other- wise excepted, insures the ordinary rights of acce# and ~'~m b~lol~ to abuttins owners. 6. Titlc to any personal prope~y, whether the same be attached to or used in connection with said premises or otherwhe. "S~ ATfACHED' NOTE: ATTACHED HERETO ATTORNEY'S COPY page 2 Title No. 8008-272497 Mortgage made by Chester M. Mayer to the Southold Savings Bank, dated 4-10-81 in the amount of $40,000.00 and recorded in the Suffolk County Clerks Office. Survey made by Roderick Van Tuyl, P.C. dated January 20, 1981 shows a two story frame house. Fence on or near the southwesterly lot line. Covenants an~ restrictions contained in deed recorded in Liber 7593 page 439. For Information Only 1980/81 Town and School Taxes: $1296.58 Paid in full Prior paid Water ChargJs, if any, not included. TITLE NO. 8008-272497 SCHEDULE A - Description ALL that certain plot, piece or parcel of land, situate, lying and being at Orient, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northeasterly side of King Street where the same is intersected by the division line between the northerly side of land now or formerly of R. and M. Schnoor and the southerly side of the hereinafter described parcel; running thence along the northeasterly side of King Street North 40 degrees O0 minutes l0 seconds West 200 feet to land now or formerly of Latham: thence North 49 degrees 59 minutes 50 seconds East 215.5g feet to the westerly side of land now or formerly of Vilna Estates, Inc.; thence along said land, South 32 degrees O1 minutes 50 seconds East 199.g2 feet to the northerly side of land now or formerly of R and M Schnoor; and thence along said land, South 49 degrees 22 minutes 50 seconds West 187.89 feet to the northeasterly side of King Street, at the point or place of beginning. , 8 DESCRIPTION .%, N.Y.S. Transfer Tax $101.20 TAX MAP DI >,1( ;NATION n~,, 1000 S,-, 026.00 ~lt 02. O0 043.002 CONSULT YOUR lAWYER BIIroI~IE SIGNH4G THIS INSTRUMENT--T#IS HqiSTRUMENT SHOULD BE USED BY LAWYERS OH, TH~INDENTU~madethe 9Lh ~yof April ,ninet~n hundred ~d eighty-one BEl%VEEN 2xEAb~-~%~o GA~AAi~,,, z~iding at 20 Beekman Place, New York~ New York ~rrtyofthefir~.~d' CHESTER M. MAYER, residing at 22,65 King Street lent, New York ' lyi~ ~d heinsia~l~o~ at State of New York ~ BEGINNING at where the same is northerly side of party of the second part, WITlqF.~TH, that the party of the first part, in consideration of Ten Dollars and other valuable consi,leralion paid by the party of the second part, does herehy grant and release mite the party of the second parl. the heirs or successor~ and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buihling$ and improvement~ thereon orecled, situate, Orient, Town of Southold, County of Suffolk and , bounded and described as follows: a point on the northeasterly side of King Street intersected by the division line between the land now or formerly of R. and M. Schnoor and the southerly side of the hereinafter described parcel; runninq thence along the northeasterly side of King Street, North 40° 00' 10" West 200 feet to land now or formerly of N. Douglass Latham Audrey E. Latham; thence North 49° 59' 50" East 215.59 feet to the westerly side of land now or formerly of Vilna Estates, Inc.; thence along said land, South 32° 01' 50" East 199.92 feet to the northerly side of land now or formerly of R. and M. Schnoor; and thence alonq said land, South 49° 22' 50" West 137.89 feet to the northeasterly side of King Street, at the point or place of beginning. BEING AND INTENDED TO BE the same premises as conveyed by the party of the first part by deed dated February 7, 1974 and recorded in the Suffolk County Clerk's Office on February 25, 1974 in Libor 7593 Page 439. SUBJECT TO Covenants and Restrictions contained in Liber 7593 Page 439. TOGF. TI II£R with ~11 right, title and interest, if auy. of the party of Ihe first part in and to any stre~ls ami roads almtting Ihe alH)ve described i),-(.,,,ises to the c('uter lines thereof; 'I'O(;ETIII'~I~. wilh thc ;tl~l)nrle,i;u. ,.. and all the estate mid rights nf the party of lhe first part in and to sold i)remises; TO IIAVIC ANI) '1() IIOLI) the premises Iwr~qn ffrauted unto the party of die secoud part, the heirs or successors and assJgf)s ,,l the Party of lhe secoud part forever. AND the i)art¥ of thc first parc covenants that the F~rty of t.he fir~ pa~ l~ not done nr suffered anylh,,,K whcrd~y the said pr~nises have bee. enonnbered i,, any way whatever, except as afore~id. AND I~.party of 1he first part, in COml,liam-e wilh Section 13 of the Lien ~w, covenants Ihat the I~rty the first part will receive Ihe consideration for this omveyance and will hold the right to receive snch consid eraliou as · trost fuml to he apl~lied lirsl for Ihe imrl~se of payi,,ff the cost of lhe improv~wnl and will apply lite samc. firsl h, lhe i~lyment of the coM of the improw',nent before using any ~rt of the total of Ihe any otller pnrlv~Se. The ~ml "patay' shall be conslrned as if il read attics whenever lhe sense of this imleutnre so reqnh'es. IN WITNE,~ WHERF..OF, the party of the first written. iN P~F-$ENCE O~: N~a~ Public. Stal~ of New Y~ No. 41-6795210 Qualified In OmnRe Coun~ ~ ~on ~plr~ Mmch 30, 1982 part has duly executed this deed the day and y~a~t - PJ erre-A~ Oa the9~h 4ay of April per,orally came '-. PIERRE-ANDRE GAZARIAN YORK 1981 , before me to me known to I~ the individual desctlbed in and who ~xeecuted tbe .foregOing instrument, and acknowledged that executed the ~ ",.MO {.ar_y Publzc ' ': *'~ .... '~Y%.- ' ~%~ New Y~ ~,~.. ~'I~:~~unt~ . ~mlsa~ Expl~ M~c~ ~0, , ,, ' , .: . 71~: >,?' On the ~y o; ]9 , ~[ore me to me k.o~n, who, ~t~ by me d.ly sworn, did de~se ami say that he ~sid~ at No. that he is the of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the beard of directors of said corpora- lion, and dust he signed h name thereto by like order. On the day ol personally came to me known to be the individual described in and who executed the foregoing instrument, and acknowledged Ihat executed the same. STATE OF NiW YORK, COUNTY O~ ss: On the day of 19 , before mr personally came the sul)scrihing witness to the foregoing instrument, wiH~ wb.m I am personally acquainted, who, being hy me dub sworn, did depose and say that he resides at No. that he knows to be the individual described in and who executed the foregoing inslrumenl; that he, said subscribing witness, was present and saw execute the same; and that he, said wime~s, at the same time subscribed h name as witness thereto. PIERRE-ANDRE GAZARIAN TO CHESTER M. MAYER SECTION BLOCK LOT COUNTY OK TOWN TAX BII.I.ING ADDRESS RETURN BY MAIL TO: Rudolph H. Bluer, Esq. Main Road Southold, New York 1197] RECEIVED REAL ESTATE APR 29 1981 TR^NSFER It~ SUFFOLK MAIN ROAD SEJUTHOLD, NEW Y~]RK 11971 March 18, 1983 Board ol g. ppeals Town oi Sauthold Southold Town Board of Appeals Town Hall Main Road Southold, New York 11971 Re: Appeal No. 3090 Chester M. Mayer Premises: Orient, New York Dear Sirs: It is our client's desire to amend the above variance request as follows: REASON FOR APPEAL Ix] A Variance to the Zoning Ordinance is requested for the reason that "Appellant desires to maintain a 6 ft. high stockade type fence along an approximate 56 ft. portion of the property's southeast boundary, extending par-~ally into the front yard area of the property." The actual lowering of approximately 24 feet (three sections) of the fence, to a height of four (4) feet, running to a point ten (10) feet deeper than the neighboring set-back (premises of Schnoor)/ has not as yet been accomplished and therefore is not ready for your inspection at this time. Would the board, however, entertain our proposal to consider this appeal on the basis of future performance. I am enclosing a sketch of our proposal for your review and would appreciate any comments you may have on this matter. Sincerely, Rudolph H. Bruer RHB/df Enc. *This is pursuant to a recent agreement between Mayer and Schnoor. 27 Anoatek Drivt NY 11743 for a V. Flood Plain l Law, Chapter 4( for permission t below the minimum-requi for placement utilities and equ A-7 Flood Zone Property: 1010 East Marion, i Point Filed M~ Lot 60; Counl P_arc~ID No. 1.0 Contractors '::~ p.m. A'.. ' JOHN ANil KOWALSKI, / 1'WIN FORK Avenue, Greenj[ RIDIN~ r,rt Variance to / N~---~ R"'" vv. Ordinance, Arti, J · PAINTAGAIN - w.v s%a%a~,p ' TATE OF N,'-:W YO2K ) c ssPoo SERVICE . II cou.TYOFS': o , > DAYSMAN MORR S Pres, ~ T ~ ~O - ' . . ~e~ ~e~ ~ ....... ~....of Green~ m ~d ~unty, ea. JS,di ...................................... De~n~b~ Servia" ~ s~']~y~/she ~s a repre~n~tive of THE SUFFOLK TIMES, a w~kly 2760 YENNECOTT DRIVE . a er, ublish~ at Gr~n~, in the Town of ~uthold, ~unty SOU~.~ ~ ~1971 ~:o:, State of New York, and annexed is a printed ~PY that has ~ b~n regularly published in ~id newspa~r o~ in each w~k --for........g.~.~. ...... week(s) su~essively, ~mmencing the..~.~.~.~ day NT.4~, MA e a, I ~CK,N.Y, Aluminum & Vinyl Siding Trim, Roofing, Leaders and' Gutters. Remodeling, Home Improvements, Blown Insulation. FREE E~TIMA TES. 100-31 for a ( Occupancy of Minor Subdivisi King, Map No adjustment of 1, Lots 3 and insufficient ro~ Lot No. 3 an insufficient sic from the existi Lot No. 4. contains an a one acre. ADDITIONS Property: WE RENOVATIONS Toaol Jule Lane MROOFING 765-3120 County Tax B NO. 1000-114.12- BOB 7:40 p.m. ~ JOHN ANE _.~Di,~V.ELLO, ] before me this....1.,7..~ ........................... day of....~.a..~..c...h- ............................. '19.......-8-.~. ................ : ........ , OTARy Pu-q:.tC, S ale ot New York No. 47078?8. Suffolk Count,,, ]'err. Expires 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 Southold, a Regular Meeting and the following public hearings ~wil] 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 Plain Management Law, Chapter 46, Section 46-7 for permission to utilize aren~ below the .eight-foot minimum-required elevation for placement of electrical utilities 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. UX)0.035-05.027. ~50 p.m. Application of~ ~CHESTER M. MAYER, 2265 ! King Street, Orient,.NY for i .Variance to the Zoning ,Ordinance, Article III, Section 100-35A for permission to erect Ience exceeding th( maximum height requiremen~ of four feet within the frontyard area at 2265 King !Street, Orient, NY; Count~ '~ Tax Map Parcel ID No. 1000L ~--,:o~ p.m. Application of ERNEST H. PRUSSNER, 910 Old Shipyard Lane, Southold, NY for a Variance to the Drive and 4135 Skunk Lane, Cutchogue NY; Hickory ~ Acres Map 3325, Subd. Lots 1 ~ and 2; County Tax Map Parcel ID Nos. 1060-97.9-15 and 16. 8:15 p,m. Rehearing in the ' matter of ANN O'SULLIVAN, by Rudolph H. Bruer, Esq., i~lw~laain Road, Southold, NY for a riance for approval of ~ access 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.. * :~.~ .~ ~ Zoning Ordinance, Article III, :: 8:25 p.m. ApplicatiOn for 7:35 p.m. Application of - Section 100-31, Bulk Scheduled~ PORT OF EGYPT ENTER- JOHN AND LINDA *~'for permission to construct ·PRISES, .INC., 62500 Main KOWALSKI, 404 Atlantic extension ~roducing the Road, Southold, NY (by Avenue, Greenport, NY for a ~ rearyard setback ~ and George A. Cottral) for a Variance to the Zoning ;. exceeding the 20% maximum ~Variance to the Zoning Ordinance, Article III, Section allowable lot coverage at 910 : Ordinance, Article VIII, 100-31 for a Certificate of ' Old Shipyard Lane, Southold,. ~i~Section 100-~0A for permission Occupancy of Lot No. 3 of NY; Founders Estates Map !~to construct addition with an Minor Subdivisien of Christine 814, Subd. Lot 91; County Tax ~ '~insuffielent frentyard setback King, Map No. 117, with an Map Parcel ID No. 1000-064.04- !;~and to nsc proposed,,a, dditien adjustmentoflotlinebetwec~ . 0022. -,;~ ~'~ for retell sales in t~s C-Light 5pis 3 -and 4, leaving 8:00 p.m. Applicg'/ion of ~ ~Indnstrial" Zone.-Lenationof 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 Pie Jute Lane Mattituck, NY; County Tax Map Parcel ID No. 1000-114-12-013.3 and 013.4. 7:40 p.m. Application of JOHN AND FRANCES DiVELLO, Drawer 1402, Westphalia Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article VIII, Section 100-80A for~ permission to construct one- family dwelling in this "C- Light Industrial" Zone. Location of Property: 605 Mary's goad (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 a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct screen-porch addition with a reduced rearyard setback at 2015 Bay Avenue, East Marion, NY; - County Tax Map Parcel ID/ NO. 10~0-31-1741o? NORTH FORK BAPTIST i'Property: 62500 Main Road, CHURCH. C.R. 48, MatUtuck, -: Southold, NY; County Tax NY (by Gerry L. Horten) for a ~ Map Parcel ID No. 1000-05iN)6- Variance to the ,,Zoning 006. Ordinance, Article III, Section ·i Any person wishing to be 100-31 for approval of lot heard concerning the above having insufficient area and matters should appear at the frontage along Westphalia times and place-above Road. Location pi Entire~ specified, or he may contact Premises: C.R. 48 and the Secretary at 765-1809 (or Westphalia Road, Mattituck, : 1802). ~'::.~ · . ' NY; County Tax Map Parcel :~ Dated: March 11 1983. ID No. 1000-121-02-021.1. : ~' -- ~:: BY ORDER OF 8:05 p.m. Application for GEORGE AND '$YBIL PENNY, by Skinny Dip Pools Inc., Box 108, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100~32 for permission to cnastruct swimmingpool and fence in the front and side yard areas at 9305 Soundview Avenue, Southeld, 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 1.00-32 and 100-35, for permission to construct accessory swimmingpool, detached garage, and fence exceeding the maximum- permitted fotu' feet within the ': THE SOUTHOLD TOWN · BOARD OF APPEALS GERARD P. GOEHRINGER ~ 1TMi7.4i92 ~ CHAIRMAN as fellows: 7:30 p;m. Application of JAMES AND DORIS IDLE-R, 27 Anoetok Drive, Huntington, N.Y. 11743 for a Variance to the Flood Plain Management Law, ChaFtor 46, Section 46-7; for permission' to utilize a~e~ below the eight.foot minimum~" required elevation for place- ment ~of electrical utilities and equipment in_this A-7 Flood~ Zone.' Location of Property:' 1010 Maple Lane, East Ma~- ion, N,Y.; Cleaves Point Fried i~,la~ 4650, Subd. lot ~60; 1000'035-05-027. ~ ·"~"~?',3S p.m. Applicatlon'~ JOHN AND LINDA KOWAL- SKi, 404 Atlantic' Avenue, Cn~'enpott, N.Y. for a V~ ' :to the Zoning O~dinance,'At-" fiele, Hi, Section 100-31 for a Certiflcatq of Occupancy of lot No. 3 of Minor Subdivision of Christine King, Map No. 117', with an adjustment of lot line between lots J and 4, leaving, insufficient read 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 ale Jule Lane, Matti- tuck, N.Y,; County Tax Map Parcel ID No. 1000-114-12- · 013.3 and 013.4. 7:40 p.m. Application of JOHN AND FRANCES Di- VELLO, Drawer 1402, West- phalia Road, MatQtuck, N.Y. for a Variance to the Zoning Ordinance, Article vm, Sec- tion 100-80A for permission to construct one-family dwelling in this "C-Light industria~-'~,~ Zone. location of Property: 605 Mary's Road (a/k/a 305 Hill Street), Mattituck, N.Y.; 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, N.Y. 11021 for a Variance to the Zoning Ordin- ance, krticle HI, 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 King Street, Orient, N.Y. for a v, an to the Zonin_S .Or- dinance, Article m, Section : 100.3SA for permission to erect fence exceeding the , maximum height req!lire_ment ~ of four feet within the_front- I yara area at 22~ King Street, ~ Orient, N.Y.; County Tax Map ! Pa : ID No. 1000-01 -0 -.C ~i~b p.m. Application of ERNEST H. PRUSSNER, 910 Old Shipyard Lane, Southold, N.Y. for a Variance to the Zoning Ordinance, Article HI, Section 100-31, Bulk Schedule, for permission to construct e~ension reducing the ~ear- yard setback and exceeding ', the 20% maximum allowablo.*~ . lot coverage at 910 Old Ship- i _yard Lane, Southold, N.Y.; ~ Founders Estates Map 834, Subd. lot 91; County Tax Map ~ Parcel ID Nq. 100-064-04-- and that the notice of which :nnexed is o printed copy, has been published in said Island Traveler-Watch- man once each week for ......................... ../. ............ weeks successively, commencing on the ............ (..~ ................... day ~.. ~.....~.~.. ~.¢.~ ...'~.. ..................... 19...~.?... ~i Sworn to before me this /-~ ~' ................................ day of ............ ................. , Legal Notice of HeOngs for March 23, 1983 ~opies to the following on or about March 14, 1983: Mr. Mr. Mr. Ann Wyden and Peggy Heller, One Harris Court, Great Neck, NY Ann Wyden and Peggy Heller, 2015 Bay Avenue, East Marion, NY 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 and Mrs. James Idler, 27 Anoatok Drive, Huntington, NY'11743 and Mrs. John Kowalski, Jr., 404 Atlantic Ave, Greenport, NY 11944 and Mrs. John DiVello, Drawer 1402, WEstphalia Rd, Mattituck 11952 11021 11939 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. Ann 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 (personal delivery) Suffolk Times, Inc. (personal delivery) Town Clerk Bulletin Board Supervisor Town Board members Town Attorney Planning Board Victor Lessard, Building Dept. Z.B.A. individual files JUDITH T. TERRY TOWN CLI. RK RliGISTRAROI VII'ALii \IIS[ICS 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 February 24, 1983 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3090, application of Chester Mayer for an appeal. Also transmitted herewith 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 survey. ~~. Judith T. Terr~'~ Southold Town Clerk BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter. of the Petition of CHESTER M. MAYER to the Board of Appeals of the Town of Southold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That,~.~ ~-~it is th~e intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a((Variance Special Exception)(Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adiacent to your property and is des~ cribed~follows: 2265 King Street, Orient, New York Suffolk County Tax Map designation: Dist. 1000, Sec. 26, Blk. 2, Lot 43.2 3. Thattheproperty whichisthesubjectofsuchPetitionislocatedinthefollowingzoningdistrict: "A" - Residential/Agricultural maintain 4. ThatbysuchPetition, theundersigned willrequestthefollowingrelief: ~ermission to~= a 6 ft. high stockade type fence along an 80 foot ~ortion of the property's southeast boundary, extending partially into the front yard area. $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Sectio~ 100-35 A 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) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffelk Times and in the iLong Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for tee publication of such notices; that you or yourrepresentative have the right to appear and be heard at such hearing. ~ney for Petitioner P~tOffice Addr~s Main Road, P.O. Box 1047 Southold, New York 11971 ~-~ ~ ~. CEIPTS :sthill Court ~gton Sta., N.Y. 11746 ' trk Avenue ~ton Park, N.Y. 11596 ,u Road Bay Cove, N.Y. 11771 a, Rosenfeld & Essig, Plaza, Room 2515 k, N.Y. 10119 PoCo STATE OF NEW YORK COUNTY OFSUFFOLK SS.: ,Mary, Diana Foster , residing at (No %) McCann Lane, Greenport. N,Y. ' ' . being duly sworn, deposes and Says that On the 14~h~'day of . :~/,9~-~4' ,19 83 , deponent mailed a trBe copy of the Notice set forth on the re-' verse side hereof, directed to e'ach of the above'named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at Southold (certified) (r~,l~c,~l) mail. Sworn to b6fore me this NOTARY PUBLIC, STATE OF NEW YORK RESIDING IN DUTCHESS COtlN'~¥ NO. 4502666 COMMISSION EXPIRES MAR. .; that said Notices were mailed to each of said persons by Ma Foster StlO,,i' Ei'P/I,,O~,,,,L~,I/,L ASiESSHEHI hUi<14 15. PREPARER'S SIGHATU'RE REPRESEHT]NG iNSTRUCT IOH~: ~ (o) In order to answer tile questions in that the preparer ¥~ill use currently avo-Lloble information concerning the project and the likely impacts oF the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be significant and o completed Environmenlol Assessment Form is necessary. (c) If all questions have been ons¥/ered Jqo it is likely %hat this ct is not significant. = · · 1. Will projec~ resull in a large physical change to the project site 6r physically alter more than 10 acres of land? ..................... Yes 2. ¥/ill there'be a major change ~o any unique .unusual land form found on the site? ......... Yes ~ 3. ¥1ill project aller or have a large· effect'on ' b dy f ? Yes. ~ existing o o water ...................... . 4. ¥/ill project have a potentially large impact on ground~?ater quality? ...................... Yes No 5. ¥1ill project significantly effec.t drainage ' . flay on adjacent sites? ' Yes y No 6. ¥/ill project affect any threatened or endangered plant or animal species? ........... Yes ~ No 7. Will projec~ result in o major adverse eff.,e~t air quali~y? ' Yes ~ No 8. ¥;ill project have o major effect on visual character of the commuaiiy or scenic views or vistas known to,be imporlont to the community?. 'Yes. 9. %'/ill projec~ a'dversely impoct any site or .. structure of historic, prehistoric or paleontological importance or any site designated os a critical environmental oreo 10. ¥7ill projacl have o major effect on exlsiihg f ''? Y yN or uture recreationo opportunztzes ......... es o 11. ¥/itl project result in .major traffic problems or. cause o major effecl to ex-isling transportation systems? ....................... Yes ~ No 12. ¥7ill project .regularly cause objeclionable odozs, noise, glare, vibration, or elec'krical · disturbance OS o result of ~he project's o~ion? ~ Yes ~ No opcr .................................... _ 13. ¥1ill pr'eject have an>, impact on public health or.safety? .................................... . Yes ~ No 1~. ¥;ill p~oject affect the existing community by directly causing o growth in permanent " population of more than 5 perccgt over a one year period or have o major negative e~fect on the character of the community or neighborhood? ................................. Yes ~ No Is there public controversy concerning ihe p~oject? ...................................... Yes ~ No this short EAF i{ is assumed CHESTER M. MAYER DATE To: Southold Town Board of Appeals Main Road Southold, NY 11971 Re: Appeal Application of CHESTER M. MAYER Location of Property: 2265 Kinq St., Orient, Suffo Co. Tax Map: 1000-026-02-043.2 Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject property id the within appeal application: (please check one box) [ ] May be located within 300 feet of tidal wetiands; ho~ever, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length.* [ ] May ~e located within 300 feet of tidal wetlands; h©wever, 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. [ ] not appear to May be located within 300 feet of tidal wetlands; and there 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 fall within the jurisdiction of the N.Y.S.D.E.C.] Sincerely yours, Rudo,!?h Ho Bruer, Attorney for hpplicant