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HomeMy WebLinkAbout3105DeLUCA, CHARLES & SYLVIA _i�3�5`Wes R -d; r .-p��anic #3105' CA -construct one -family dwelling with deck addition with an insufficient rearyard set- back. 86--2--part of -l' Uj r Appeal No. 3105 Southold Town Board of Appeals MAIN ROAD -STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Application 'Dated March 28, 1983 (Public Hearing held 4/20/83) TO: Richard F. Lark, Esq. as attorney for [Appellant(s)] CHARLES AND SYLVIA DeLUCA Main Road, Box 973 Cutchogue, NY 11935 At a Meeting of the Zoning Board of Appeals held on April 27, 1983 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 [ 1 Request for Special Exception under the Zoning Ordinance Article , Section [X1 Request for Variance to the Zoning Ordinance Article III , Section 100-31 [ ] Request for The public hearing on this application was held on April 20, 1983. Upon application for N. CHARLES AND SYLVIA DeLUCA, by Richard F. Lark, Esq., Main Road, Cutchogue, NY for a Variance to the Zoning ordi- nance, Article III, Section 100-31, Bulk Schedule for permission to construct one -family dwelling with deck addition with an insufficient rearyard setback, at 1235 Wells Road, Peconic, NY; County Tax Map Parcel No. 1000 -86 -2 -part of 1. The board made the following findings and determination: By this appeal, appellants seek permission to construct a deck at the rear of a one -family dwelling which is under construction 15' into the rearyard.area, which would leave a 35' setback from the easterly line abutting the "area of questionable title." The parcel in question is located at the east side of Wells Road, Peconic with a road frontage of 627.24 feet and an area of 116,000 square feet. The premises in question is also depicted as Lots No. 3 and 4 on Minor Subdivision Map for the "Estate of George Wells" approved October 18, 1979. It is the opinion of the board that the new dwelling construction as exists was built within reason considering the elevations of the property and the location of the meadowland. The new dwelling is set back from Wells Road 50 feet. Applicant is required to be a minimum of 75' landward of the tidal wetland boundary as per plans submitted to the N.Y.S. Department of Environmental Conservation under Permit #10-82-0515. Under the circumstances, the board finds that the appli- cation is not unreasonable. In considering this appeal, the board determines that 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 6, 1983. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appeal No. 3105 Matter of CHARLES AND SYLVIA DeLUCA Decision. Rendered April 27, 1983 on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that Appeal No. 3105, application for N. CHARLES AND SYLVIA DeLUCA, for permission to construct 15' deck leaving an insufficient rearyard setback at 35', BE AND HEREBY IS APPROVED SUB- JECT TO THE FOLLOWING CONDITION: That the deck never be enclosed. Location of Property: 1235 Wells Road, Peconic, NY; Minor Subdivision Lots 3 and 4 of "Map of the Estate of George Wells"; County Tax Map Parcel No. 1000-86-2-1.2. Vote of the Board; Ayes: Messrs. Goehringer, Doyen, Douglass and Sawicki. (Member Grigonis was absent.) This resolution was unanimously adopted. RECEIVED AND FILED BY THE SOUTHICLD TOV24 CLERK DATA 51101Y3`ACS /0:30Aa7 T� ic, To:I.In cd Sohfo?d PROVED chaimmaa Board of APPOIS Southold Town Board of Appeals MAIN ROAD -STATE ROAD 2S SOUTHOLD, L.1., N.Y. 11971 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J.:'DOUGLASS JOSEPH H. SAWICKI TELEPHONE (516) 765-1809 NOTICE IS HEREBY GIVEN, pursuant -to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following Public Hearings will be held by the Southold Town Board of Appeals on WEDNESDAY, APRIL 20, 1983 commencing at 7:30 p.m. and as follows: 7:30 p.m. Application for ROBERT AND JOANNE DeVOE, by Irving L. Price, Jr., Esq., 828 Front Street, Greenport, NY for a Variance to Section 280-A, New York Town Law, for approval of access over a private right-of-way located off the north side of Main (S.R. 25) Road, at Terry's Point, Orient,.NY; Parcel in Question: Subdivi- sion Lot 3 of Minor Subdivision of Jonathan D. Stern; County Tax Map Parcel No, 1000-17-02-001.2. 7:35 p.m. RECESSED.HEARING: Application for ERNEST H. PRUSSNER, by Abigail A. Wickham, Esq., Main Road, Mattituck, NY. 7:45 p.m. Application for ANDREW KRUPSKI and another, by William B. Smith, 220 Mechanic Street, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of two lots having insufficient area and width. Location of Property: Lots 23, 24 and 25 of Subdivision Map of Jonathan T. Overton; more particularly known as 1460 Town Harbor Lane, Southold, NY; County Tax Map Parcel No. 1000-064-05-12 and 13. 7:50 p.m. Application for N. CHARLES AND SYLVIA DeLUCA, by Richard F. Lark, Esq., Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to construct one -family dwelling with deck addition with an insufficient rearyard setback, at 1235 Wells Road, Peconic NY; County Tax Map Parcel No. 1000 -86 -2 -part of 1. 1 , 7:55 p.m. Application for LULA MAE LATHAM, by Twomey, Latham and Shea, Esgs., 33 West Second Street, Riverhead, NY for a Variance to Section 280-A, New York Town Law, for approval of access over a private right-of-way located off the south side of Main (S.R. 25) Road, Orient, NY; Parcel in Question: 1000-019-01-010. Page 2 - Legal Notice of Hearings Southold Town Board of Appeals Regular Meeting for April 20, 1983 8:00 p.m. Application for.ROGER L. MUNZ and VICTOR CATALANO, by Philip J. Cardinale, Esq., Main Road, Drawer W, Jamesport, NY ,for a Variance to the Zoning Ordinance, Article VII, Sections -100-70 100-71, Article VIII, Sections 100-80 &100-81 for permission to estab- lish retail sales of boats on this 17,193 sq. ft. parcel, in -a B-1 Zone. Location of Parcel: 13175 Main Road, Mattituck, NY; County Tax Map Parcel No. 1000-140-03-038. 8:05 p.m. Application for ROGER L. MUNZ and VICTOR CATALANO, by Philip J. Cardinale, Esq., Main Road, Drawer W, Jamesport, NY for a Special Exception to the Zoning Ordinance, Article VIII, Section 100-80(B)[14][15] for permission to utilize premises for boat sales on the premises in question zoned B-1 General Business, which use is permitted in a C -Industrial District by Special Exception. Location of Property: 13175 Main Road, Mattituck, NY; County Tax Map Parcel No. 1000-140-03-038. 8:10 p.m. Application of HENRY JOHN PAVLAK, 3505 Grand Avenue, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory garage structure in the sideyard area. Location of Property: 3505 Grand Avenue, Mattituck, NY; County Tax Map Parcel No. 1000- 107-01-005. 8:15 p.m. Application for JOHN F. AND MARY McFEELY, by Gandia Associates, Inc., 19 Brookfield Road, Northport, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-31 and 100-32 for permission to locate dwelling with an insufficient sideyard setback from the east side line, and establishing front - yard location of existing garage structure. Location of Property: South Side of Peconic Bay Boulevard, Laurel; County Tax Map Parcel No. 1000-128-02-009.1. 8:20 p.m. Application of ANNE POLASHOCK, 570 Third Street, New Suffolk, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to replace and increase size of existing porch. Existing and proposed construction will exceed 200 of lot coverage. Location of Property: East Side of Third Street, New Suffolk, NY; County Tax Map Parcel No. 1000-117-09-021. 8:25 p.m. RECESSED HEARING: Application for -NORTH FORK BAPTIST CHURCH, C.R. 48,aiid Westphalia Road, Mattituck, NY. - 9,-diRaRee, AEE 9le „rr; +@.rP91. ra Fr„rtge a'eng—West£ha'ia Read. 13eeabiea—ag Page 3 - Legal Notice of Hearings Southold Town Board of Appeals Regular Meeting for April 20, 1983 ,-Mattituelt, 1Y; 8:35 p.m. Application for DOROTHY REISE (Owner) and RIAL REALTY CORP. (Contract Vendee), by Rudolph H. Bruer, Esq., Main Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-30(A) and (B) for permission to construct garage and tennis court with fencing, for principal use on this vacant parcel. Location of Property: 675 Private Road No. 18A (East Hyatt Road), Southold, NY; County Tax Map Parcel No. 1000-50-3-9. Any persons wishing to be heard concerning the above matters should appear at the times and place above specified.. For addi- tional information, please contact Linda Kowalski, Secretary, at 765-1809 (or 765-1802). DATED: April 5, 1983. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN Instructions to newspapers: Please publish once, to,wit, Thursday, April 14, 1983 and forward one affidavit of publication to: Board of Appeals, Main Road, Southold, NY 11971. (Tel. 765-1809). -------------------------------------------------------------------x Copies to the following on or about Monday, April 11, 1983: Suffolk Times, Inca (personally delivered) L.I. Traveler -Watchman Inc (personally delivered) Town Clerk Bulletin Board Mr. Victor Lessard (Building Dept.) Supervisor Pell Town Board Members Irving L. Price, Jr., Esq., Attorney for Robert and Joanne DeVoe Abigail A. Wickham, Esq., Attorney for Ernest H. Prussner Mr. William B. Smith, for Andrew Krupski Richard F. Lark, Esq., Attorney for N. Charles and Sylvia DeLuca Twomey, Latham and Shea, Esqs., for Lula Mae Latham Philip J. Cardinale, Esq. for Roger L. Munz and Victor Catalano Mr. Roger L. Munz Mr. Victor Catalano Mr. Henry J. Pavlak Gandia Associates,,Inc., for John F. and Mary McFeely Mrs. Anne P61ashock Mr. Gerry L. Horton, for North Fork Baptist Church -North Fork Baptist Church Rudolph H. Bruer, Esq. for Rial Realty Corp. (Dorothy Reise) FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL U / J File NNo. .../. ..... .. ............. Date .. !: ! / !? ...w! ....... 19 1 PLEASE TAKE NOTICE that your application —dated ....... 19 P.j for permit to construct . akc,.4 . G(CYt. !/.(9?!' �/J.�1. ............. at Location of Property :.ICXFJ,�...WEI!-�. �4� ....................1.4'S<i�e�. House No. ' I street Hamlet County Tax Map No. 1000 Section Q�,S ..... Block ..0.h........ Lot . Subdivision ................ Filed Map No. .............. Lot No................. . is returned her and disapproved on the following grounds `o Gf e r.V" x1- rC'1.... r i Building Inspector RV 1/80 / 1 TOWN OF SOUTHOLD, NEW YORK n ME AL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. 13 161-'5 (MAR 2 819-6u DATEolvjMarch 2� 1983 7_M ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. a% (We) N..,. Maxles...DeLuca..ane1.,S.ylvia DeLuca ....... 2401,HATYAa dJ.-Ki.Y.P............ Name of Appellant Street and Number ,,,Merrick,,, ............. NrXv..,1155,6„,,..HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO . ................................... DATED... ,,,,,,,,,,,,;,,,, WHEREBY THE BUILDING INSPECTOR DENIED TO Charles &„Sylvia„DeLuca,;,,,,,,,,,,,,,,,,,,, Name of Applicant for permit of 2401 Hal and Drive Merrick New, York 11566 ........ f ... .......R...... .......... I ............................. Street and Number Municipality State ( ) PERMIT TO USE ( )- PERMIT FOR OCCUPANCY (X) Permit to,construct deck addition to dwelling. L ;' LOCATION OF THE PROPERTY 1235..We 11s..R ad.r..,Peconic a ,New York Street Use District on Zoning Map t°-.2 ,'f° 1 "A” Residential and Sui:£o7.k„CountY....Tax..MAp N9:,..1000-,... `--'�{ =14ox t Agricultural t2. ' 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 and Parking Schedule (Rear Yard) 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 Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 ” 4 =t PREVIOUS APPEAL A previous appeal kxze (has not) been made with respect to this decision of,:"tide Building Inspector or with respect to this property. $Lkb appeal was ( ) request for a special permit ( ) request for a variance and'was made in Appeal No.................................Dated...................................................................... REASON FOR APPEAL ( i)s A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance ested for the reason that petitioners are in the process of constructing a amily dwelling on their property. In the opinion of the Building ctor the proposed deck addition to this dwelling reduces the rear setback to less than the required 50 feet from "clear title boundary ; thereby requiring a rear yard variance. (See Notice of Disapproval ilding Inspector Edward Hindermaan attached hereto.) Bi (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because your Petitioners are owners of property on the easterly side of Wells Road, Peconic, New York, which was purchased from the Estate of George H. Wells by deed dated March 9, 1982, recorded in the Suffolk County Clerk's Office on March 17, 1982, in Liber 9155 page 424 (a copy of which deed is attached hereto as Exhibit A). The metes and bounds description of the property contained in Exhibit A is depicted on a survey prepared by Roderick Van Tuyl dated August 30, 1981, and amended October 6, 1982 (a copy of said survey is attached hereto as Exhibit B). The property is also depicted as Lots No. 3 and 4 on a certain Minor SubdivisionMap made for the "Estate of George Wells" which was approved by the Southold Town Planning Board on October 18; 1979 (a copy of which minor subdivision map is attached hereto as Exhibit C). The purpose of your Petitioners' purchasing this property was to build an attractive single family home thereon. Due to the property's location to Richmond Creek and the presence of wetlands on the property itself, your Petitioners discovered a Tidal Wetlands Permit had to be obtained from the New York State Department of Environmental Conservation before any dwelling could be constructed. Your Petitioners did obtain such a permit on August 8, 1982. A copy of said Permit No. 10-82-0515 (continued on Attached Rider) 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: the shape of your Petitioners' property; the presence of the tidai.:.wetlands thereon; the stringent requirements of the New York State Department of Environmental Conser- vation; the interpretation of the Building Fnspector as to the rear lot line is the clear title boundary line;coupled with the problem of the boundary line dispute with the northerly neighbor make this property truly unusual. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because this neighborhood is zoned "A" Residential and Agricultural which allows the construction of a one family dwelling. The granting of the rear yard variance to allow a wooden deck to be attached to Petitioners' one family dwelling will an asset to their property in particular and the neighborhood in general. The 12 foot area to be occupied by the wooden deck will be within the area of the Department of Environmental Conservation Permit (Exhibit D). STATE OF NEW YORK ) ) ss COUNTY OF SUFFOLK ) I� VSs N. Charles DeLuca >... .......................... Signature Sylvia DeLuca Sworn to this ....... .........`�...�..................... day of............Mdr9.x1.. Notary Public a.... _ 84BM —g g C(SRRiP$NE i NOTARY PUBLIC, State of New York S.jfra& Coorty No, s2.57928C,0 Commission apires ASorch 26, 89�'y ......................... 19 83 e9749 °", M/V lk, i r c j:. 4Yo 9 , t � aY5 J �'. P"9 eke �O 6 �t 4 WTI 51 3X6 7sl(s Q f$ 1 � F �4)<o i Q 4 xg *ko N01M L r n 0 H - i .t oke �- SrAL.E-50,-1 TITLE` No. 815Z--3-7191 AMENC+�-:D OCT. c7, AMENDED DEC.IS 1982 70 546 �`�aU A-, iui<1/�YE t A.tjG.2G'Si r RODERICK VAN` UYL. P.C. ' L\0 k1Z VA. / EtEV/>.' iC1N` kE.F�<, ;�� i::.<✓. H. W. 1.2� LICENSED LAND SUR EYORS AEiuVE Mt:A1 i SEA 1 E VE: i.' GREENPORT NEW YORK SUFFOLK CO HEALTH DEPT. APPROVAL H S NO. STATEMENT OF INTENT THE WATER SUPPLY AND SEWAGE DISPOSAL SYSTEMS FOR THIS RESIDENCE WILL CONFORM TO THE STANDARDS OF THE SUFFOLK CO. DEPT. OF HEALTH SERVICES. (S) APPLICANT SUFFOLK COUNTY DEPT, OF HEALTH SERVICES — FOR APPROVAL OF CONSTRUCTION ONLY DATE: H. S. REF. NO.. APPROVED: SUFFOLK CO. TAX MAP DESIGNATION: DIST. SECT, BLOCK PCL. :000 086 2 P/o 1. OWNERS ADDRESS: ESE LUG A Z40 H AL.YA;Z D ? fZ t'4.y. 11.966 I DEED: L. P. I i 610 t ISAYN: / Z' Oi N J Vl t13 SAND. TP.. L.C1AM SAND, LT. GRAVEL 5 SAN D ti'VY. F+auYEl SEAL wA rerz. 0 COUNTY OF SUFFOLK 9y� cDv,^f .� ti �`�� DEPARTMENT OF PLANNING ��� c^�c� 71��0� (516) 360-5513 LEE E. KOPELMAN / 4 DIRECTOR OFFPLANNING �/ July 15, 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 Allen Ovsianik John & Frances DiVello George & Sybil Penny Roger L. Munz & Victor Catalano Roger L. Munz & Victor Catalano Charles & Sylvia DeLuca GGN:jk Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner 3049 3088 3095 3100 3101 3105 VETERANS MEMORIAL HIGHWAY • HAUPPAUGE, L. L. NEW YORK • 11788 11 u Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11971 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.: 3I05 Applicant: CHARLES AND SYLVIA DeLUCA Location of Affected Land: 1235 Wells Road, Peconic County Tax Map Item No.: 1000- 86 -2 -part of I Within 500 feet of: Town or Village Boundary Line xx Body of Water (Bay, Sound or Estuary) Richmond Creek 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, t.Jgs r;�Jr%, COMMENTS: Applicant icsxxw7mskic permission to construct one -family dwelling with deck addition with an insufficient rearyard setback. Copies of Town file and related documents enclosed herewith for your review. Dated: July K 1983 Temp. Secret ry, Board of Appeals Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD. L.I., N.Y. 11971 TF1 FP"ONE 15161 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI May 10, 1983 Richard F. Lark, Esq. Main Road P.O. Box 973 Cutchogue, NY 11935 Re: Appeal No. 3105 - N. Charles DeLuca 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, GERARD P. GOEHRINGER CHAIRMAN Enclosure By Linda F. Kowalski Copy of Decision to Secretary Building Department Mr. and Mrs. N. Charles DeLuca 0 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of N. CHARLES DELUCA & SYLVIA DeLUCA 0 NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: � OPROPERTY OWNER Alfred N. DiNunzxo & Wf 12 Haverford Lane Michael Zaneski & Wf Henry Pierce & Wf Coram, New York 11727 Wells Road Wells Road Peconic, New York 1111958 Peconic,New York 1191 YOU ARE HERE3GIVEN NOTICE: i 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (the following relief: A rear yard variance for permission to erect a deck addition to dwelling- 1. 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 1235 Wells Road, Peeonic, New York, bounded northerlyby lands of Zaneski and DiNunzin, easterly by lands of nintlrizin and Richmond Creek, southerly by lands of H. Pierce, westerly by Wells Road 3. That the property which is the subject of such Petition is located in the following zoning district: "A" Residential and Agricultural District 4. That by such Petition, the undersigned will request the following relief: Permission to erect a wooden deck addition to the dwelling in the rear yard area - 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 and Parking 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) 7d5-1809. 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: March 23, 1983 _0 _ Petitioner N. Charles DeLuca ylvia DeLuca, Petitioner Post Office Address 2401 Halyard Drive Merrick, New York 11566 NEW YORK STATE DEPARTMENT OF Building 40, SUNY --Room 219 Stony Brook, NY 11794 (516) 751-7900 AMENDMENT TO PERMIT RE: Permit No. 10-8a - 0515 bQx CX111198a Cho -1- I Q� V Q F-, CL - Ll 0 / 14014 or d ve- Ne.rY I Jk' N.Y. 1 ! Su Dear M c. 12- d--+cia- Your recent request to modify the above permit has been reviewed pursuant to 6NYCRR, Part 621. It has been determined that the proposed modifications will not substantially change the scope of the permitted actions or the existing permit conditions. Therefore, the permit is amended to authorize: C) (da --hon �d iia c,lLL)QCC4 � ctJ- io/ash a - This letter is an amendment to the original permit and as such, shall be posted at the job site. All other terms and conditions remain as written in the original permit. DJL:cz Very truly yours, Daniel J. i(n�n',—Strator Regional P EXHIBIT ri J✓ _ ''.�-_r PERMIT NO. - --. >. NE•RK STATE DEPARTMENT Cr. ENVIRONMENTAL' CONOTION .� 10-$2-0515 SUNDER THE ENVIRONMENTAL CONSERVATION LAW ` 8 ARTICLE 15, (Protection of Water)Do 25, (Tidal Wetlands) ` , ,ARTICLE 36, (Construction m Flood Hazard Areas) ARTICLE 24, (Freshwater Wetlands).'. PERMIT ISSUED TO - CHARLES De'LUCA By: .S. Tsontakis ADDRESS OF PEKMITTEE - LQ1 Halyard Dr.p Merrick, N.Y. 11566 -Drawer "1446, Mi.ddle'11.,Mattitu LOCATION OF PROJECT (Section of stream, tidal wetland, dam, building) -• - . ', , - Easterly side of Wells'Rd. Richmond Creek DESCRIPTION OF PP..0)ECT - onstruct a one fam. dwelling and deck a minimum of ,75' landlrard of T.W. boundary and install sanitary system.a,minimum of 100!'landward�6f'T.W. bound - D ns submitted 6 28 $2. b �OMMU T NAME (City, Town, Vi loge) TOWN Pt=con5 c Southold �OUNTY fIA COMMUNITY NO. DAM NO. PERMIT EXPIRATION DATE 7/31/83 lit NLICAL CUNUMUNS 1. The permittee shall file in the office of the appropriate RegionalIf.' .That the State of New York shall. in no case be If for any damage �rmit Administrator, a notice of intention to commence work at least 48,�. or injury to the structure or work herein authorized which may be caused by or )urs in advance of the time of commencement and shall also notify him result from future operations undertaken by the State for the conservation or �omptly in writing of the completion of the work.- improvement of navigation, or for other purposes, and no claim or right to 2. The permitted work shall be Subject to inspection by an authorized - COp1p;nsalion shalt accrue from'any such-0amaga' -presentative of the Department of Environmental Conservation who may 9, That, If the display of lights and signals on any work hereby authorized 'der the work Sus ended II the public interest so requires: - is not otherwise provided for by law, such lights and signals as may be pre. 3. As a condition of the issuance of this permit, the applicant has ac- sc°bed by the United States Coast Guard shall •be . installed and maintained opted expressly, by the execution of the application, the full legal respon• by and at the expense of the owner.'" ability for all damages, direct or indirect,. of whatever nature, and by whom. 10. All work carried out under this permit shall -be performed in actor. +er suffered, arising out of the project described herein and has agreed to dance with established engineering practice and in a workmanlike manner. �demnify and save harmless the State from suits, actions, damages and zsts of every name and description resulting from,the said project. ^ 11. If granted under Atticles 24 or 25, the Department reserves the right to reconsider, thisapprovalatpny. time and after due notice and hearing to 4. Any material dredged in the prosecution of the work herein permitted'' continue; rescind or modify this permit in such a manner as may be found to )all be removed evenly, without leaving large refuse piles, ridges across the ` be just and equitable. If upon the expiration or revocation of this permit, the �d of the waterway or flood plain or deep holes that may have a tendency to' ' -' modification of the wetland hereby authorized has not beencompleted, the ruse injury to navigable channels or to the banks of the waterway. I.: applicant shall, without expense to the State, and to such extent and in such S. Any material to be deposited or dumped under this permit;erther`intime; 10 manner as the Departmegtpf Environmental Conservation may require, e waterway or on shore above high-water mark, shall be deposited or dumped; remove all or any: portion of the. uncompleted structure or till and restore the the locality. shown on the drawing hereto attached, and, if sopresc(ibed --situ to its former condition. No claim shall be made against the State of New ancon, within or behind a good and substantial bulkhead or bulkheads York on acfount of any such removal oralteration.11 such " will prevent escape of the material into the waterway. - 12, This permit shall not be construed as conveying to the applicant any 6. There shall be no unreasonable Interference with navigation by the, right to trespass upon the lands or interfere with the riparian rights of others irk herein authorized. _ to perform the permitted work or as authorizing the impairment of any rights, title or interest in real or personal property held or vested in a person not a 7. That if future operations by the State of New York require an alteration - party to the permit. the position of the structure or work herein authorized, or if, in the opinion 73. The permittee is responsible for obtaining -any other permits, ap• the Department of Environmental Conservation it shall cause unreasonable provals, lands, easements and. rights-of-way which may be required for this struction to the free navigation of said waters or flood flows or endanger project , e health, safety or welfare of the people of the State, or loss or destruction the natural resources of the. State, the owner may be ordered by the Depart 14. If .granted under Article 36, this permit is -granted solely on the basis mt to remove or alter the structural work, obstructions, or hazards caused of the requirements of Arlicle 36 of the Environmental Conservation Law and ereby without expense to the Stale; and if, upon the expiration or revocation' Part .500 of 6 NYCRR (Construction in Flood; Plain Areas having Special Flood this permit, the structure, fill, excavation, or other modification of the : . Hazards — Building Permits) and in no way signifies that the project will be :tercourse hereby' authorized shall not be completed, the owners shall, • free from flooding, - thous expense to the State, and to such extent and in such time and manner the Department of Environmental Conservation may require, remove all or 15, By acceptance of thispermitthe permittee agrees that the permit y portion of the uncompleted structure or fill and restore to Its former is contingent .upon strict compliance with the Special conditions on the ndition the navigable and flood capacity of the watercourse. No claim shall:- reverse side.- made against the State of New York on account of any such removal or, - eration. -20-4 (9/75)' - - +(SEES REVERSE SIDE) r EIHIBIT ' XHIBIT ,�) I Pli, 2-0575 J has issu Ofd tc)e CHARLES DE LUCA BY S. TSCNTAKIS X -dense 2N01 Halyard Dr., Merrick N. Y• 11566 - Drawer 1 46, Middle Rd., Matt.it_tcit, i!-Y-11c52 Construct a one fans. ' awel- 111 g and deck a minimum of 6��8�e �r 75' landward of T. G�T� bcurwarand install r.� ,d Article 15, (Protection of tPl at er) Article 24, (Freshl,°iater Article 25, (Tidal Wetlands) LEI tv� y Article 36, (Construction in Flood &9�eaPd Peas) thew York State Department of Environmental Conservation 93-00.7 (9/75) FOlmlerI, EA -93 DANIEL J. LARKZ I Permit Administ(ator x/3/82 Date Issued NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Building 40, SUNY --Room 219 Stony Brook, NY 11794 (516) 751-7900 AMENDMENT TO PERMIT RE: Permit No. J0 -8a - 05i5 C hoar l a b Q L �• cs� (aLIN fia�1�CLrd 7)ri ve- y� 1 � IQ -r" , C'K-'I N.Y. 11 % Dear Mf. 'k jj-Aca- dc,* ba„ ax, 19 ?d- Your a Your recent request to modify the above permit has been reviewed pursuant to 6NYCRR, Part 621. It has been determined that the proposed modifications will not substantially change the scope of the permitted actions or the existing permit conditions. Therefore, the permit is amended to authorize: Of%r-AAAho.. t �4" cCLL,X�an5 CL This letter is an amendment to the original permit and as such, shall be posted at the job site. All other terms and conditions remain as written in the original permit. DJL:cz Very truly yours 4 `- Daniel J. La Regional P fm EXHIBIT 6 Administrator SUFFOLK CO. HEALTH DEPT. APPROVAL H. S. NO. STATEMENT OF INTENT THE WATER SUPPLY AND SEWAGE DISPOSAL SYSTEMS FOR THIS RESIDENCE WILL CONFORM TO THE STANDARDS OF THE SUFFOLK CO. DEPT. OF HEALTH SERVICES. ISI APPLICANT SUFFOLK COUNTY DEPT. OF HEALTH SERVICES — FOR APPROVAL OF CONSTRUCTION ONLY DATE: H. S. REF. NO., APPROVED: SUFFOLK CO TAX'MAP DESIGNATION: DIST. SECT. BLOCK PCL. :000 086 2 P/O1. OWNERS ADDRESS: OE LUCIA 240 NALYAG:K?.,/ D4. mtecizicK, N. i. iiJ"EIIR DEED: L. P. T HOLE TT.A A . 04 i'i xA «>s.nua s snNo. .IC LT. aawvtc *v-.. sawci SEAL wn re�z • Sic ti �`U Tn . Y 89749 MAIN Q'Li 0 /., S- o U A3 O� TITLE I <C 515Z-3-7191 ` AMENDED DEC.15,1982 4�9. s 'r' 0X6 , 5- e 4k6 -r0 8 i P SIU R RODERICK VANJUYL, P.C. 12. V414 LICENSED LAND SUR EYORS A;` 1t- SUFFOLK CO. HEALTH DEPT. APPROVAL H. S. NO. STATEMENT OF INTENT THE WATER SUPPLY AND SEWAGE DISPOSAL SYSTEMS FOR THIS RESIDENCE WILL CONFORM TO THE STANDARDS OF THE SUFFOLK CO. DEPT. OF HEALTH SERVICES. ISI APPLICANT SUFFOLK COUNTY DEPT. OF HEALTH SERVICES — FOR APPROVAL OF CONSTRUCTION ONLY DATE: H. S. REF. NO., APPROVED: SUFFOLK CO TAX'MAP DESIGNATION: DIST. SECT. BLOCK PCL. :000 086 2 P/O1. OWNERS ADDRESS: OE LUCIA 240 NALYAG:K?.,/ D4. mtecizicK, N. i. iiJ"EIIR DEED: L. P. T HOLE TT.A A . 04 i'i xA «>s.nua s snNo. .IC LT. aawvtc *v-.. sawci SEAL wn re�z • Sic ti �`U cR I*� . Y 0 S- o k, Oka `v 4 x3 TITLE I <C 515Z-3-7191 AMENDED DEC.15,1982 Jii 'A ` T - I -J P RODERICK VANJUYL, P.C. 12. V414 LICENSED LAND SUR EYORS A;` 1t- E .:_[ '. .. GREENPORT NEW YORK SUFFOLK CO. HEALTH DEPT. APPROVAL H. S. NO. STATEMENT OF INTENT THE WATER SUPPLY AND SEWAGE DISPOSAL SYSTEMS FOR THIS RESIDENCE WILL CONFORM TO THE STANDARDS OF THE SUFFOLK CO. DEPT. OF HEALTH SERVICES. ISI APPLICANT SUFFOLK COUNTY DEPT. OF HEALTH SERVICES — FOR APPROVAL OF CONSTRUCTION ONLY DATE: H. S. REF. NO., APPROVED: SUFFOLK CO TAX'MAP DESIGNATION: DIST. SECT. BLOCK PCL. :000 086 2 P/O1. OWNERS ADDRESS: OE LUCIA 240 NALYAG:K?.,/ D4. mtecizicK, N. i. iiJ"EIIR DEED: L. P. T HOLE TT.A A . 04 i'i xA «>s.nua s snNo. .IC LT. aawvtc *v-.. sawci SEAL wn re�z NOTICE NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of the Town Law and the Provi- sions of the Amended Code of the Town of Southold, a Regu. lar Meeting and the following Public Hearings will be held by the Southold Town Board of Appeals on Wednesday, April 20, 1983 at the Southold Town Hall, Main Road, Southold, New York, commencing at 7:30 p.m. and as follows: 7:30 p.m. Application for ROBERT AND JOANNE De- VOE, by Irving L. Price, Jr., Esq., 828 Front Street, Green- port, N.Y. for a Variance to Section 280-A, New York Town Law, for approval of access,-�' over a private right-of-way located off the north side of Main (S.R. 25) Road, at Ter- ry's Point, Orient, N.Y.; Par- cel in Question: Subdivision Lot 3 of Minor Subdivision of Jonathan D. Stem; County Tax Map Parcel No. 1000-17-02. 001.2. 7:35 p.m. RECESSED HEARING: Application for ERNEST H. PRUSSNER, by Abigail A. Wickham, Esq., Main Road, Mattituck, N.Y. 7:45 p.m. Application for ANDREW KRUP$KI and an- other, by William B. Smith, 220 Mechanic Street, South- old, N.Y. for a Variance to the Zoning Ordinance, Article 111,40 Section 100-31 for approval of two lots having insufficient area and width. Location of Property: Lots 23, 24 and 25 of Subdivision Map of Jonathan T. Overton; more particularly known as 1460 Town Harbor Lane, Southold, N.Y.; County Tax Map Parcel No. 1000-064- -'7:50 p.m. Application for N. CHARLES AND SYLVIA De- LUCA, by Richard F. Lark, Esq., Main Road, Cutchogue, N.Y. for a Variance to the Zoning Ordinance, Article 111, Section 100-31, Bulk Schedule, for permission to construct one -family dwelling with deck addition with an insufficient -W rearyard setback, at 1235 Wells Road, Peconic, N.Y.; County Tax Map Parcel No. - 7:55 p.m. Application for LULA MAE LATHAM, by Twomey, Latham and Shea, Esqs., 33 West Second Street, Riverhead, N.Y. fora Variance to Section 280-A, New York Town Law, for approval of access over a private right-of- way located off the south side of Main (S.R. 25) Road, Or. ient, N.Y.; Parcel in Question: 1000.019-01.010. 8:00 p.m. Application for ROGER L. MUNZ and VIC- TOR CATALANO, by Philip J. Cardinale, Esq., Main Road,jb Drawer W, Jamesport, N.Y. for a Variance to the Zoning Ordinance, Article VII, Sec. tions 100-70 100.71, Article VIII, Sections 100-80 & 100.81 for permission to establish retail sales of boats on this 17,193 sq. ft. parcel, in a B-1 zone. Location of Parcel: 13175 Main Road, Mattituck, N.Y.; County Tax Map Parcel No. 1000.140-03.038. ' 8:05 p.m. Application for COUNTY OF SUFFOLK STATE OF NEW YORK ss: Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER -WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler -Watch- man once each week for .......................................weeks successively, commencing on the/ .................................... day of .....................�':J..... ....., 19.. �3, Sworn to before me this ..................�........... day of �.............. 19....F.3 L. aKlnv. �-S�P.�-.- ...................... Notary Public C1 F"r, Er f_9 gi� �ii.lcc� CLC�a1l� 17,193 sq. ft. parcel, in a B-1 zone. Location of Parcel: 13175 • Main Road, Mattituck, N.Y.; County Tax Map Parcel No. 1000-140.03.038. 8:05 p.m. Application for ROGER L. MUNZ and VIC- TOR CATALANO, by Philip J. Cardinale, Esq., Main Road, Drawer W. Jamesport, N.Y. for a Special Exception to the Zoning Ordinance, Article VIII, Section 100.80(B) [141_ItH [151 for.:permission to utilize premises for boat sales on the premises in question zoned B-1 General Business, which use is permitted in a C.Indus- trial District by Special Excep- tion. Location of Property: 13175 Main Road, Mattituck, N.Y.; County Tax Map Parcel No. 1000-140.03-038. 8:10 p.m. Application of HENRY JOHN PAVLAK, 3505 Grand Avenue, Mattituck, N.Y. for a Variance to the Zoning Ordinance, Article III, Section 100.32 for permission to construct accessory garage structure in the sideyard area. Location of Property: 3505 Grand Avenue, Mattituck"'V N.Y.; County Tax Map Parcel No. 1000.107.01-005. 8:15 p.m. Application for JOHN F. AND MARY Mc- FEELY, by Gandia Associates, Inc., 19 Brookfield Road, Northport, N.Y. for a Variance to the Zoning Ordinance, Ar- ticle III, Sections 100-31 and 100-32 for permission to locate dwelling with an insufficient sideyard setback from the east side line, and establishing frontyard location of existing garage structure. Location of Property: South Side of Pecon- ic Bay Boulevard, Laurel', County Tax Map Parcel No. 1000-128-02-009.1. 8:20 p.m. Application OP� ANNE POLASHOCK, 570 Third Street, New Suffolk, N.Y. for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to replace and increase size of existing porch. Existing and proposed construction will ex- ceed 20% of lot coverage. Location of Property: East Side of Third Street, New Suffolk, N.Y.; County Tax Map Parcel No. 1000.117-09-021. 8;25 p.m. RECESSED HEARING: Application for NORTH FORK BAPTIST CHURCH, C.R. 48 and West- phalia Road, Mattituck, N.Y. 8:35 p.m. Application for p DOROTHY REISE (Owner),1b and RiAL REALTY CORP. (Contract Vendee); by Ru- dolph H. Bruer, Esq., Main IRoad, Southold, N.Y. for a Variance to the Zoning Ordin. ance, Article 111, Section 100- 30(a) and (B) for permission to construct garage and tennis court with fencing, for princi- pal use on this vacant parcel. Location of Property: 05 Pri- vate Road No. 18A (East Hyatt Road). Southold, N.Y.; County Tax Map Parcel No. 1000- 50-3-9. Any persons wishing to be heard concerning the above matters should appear at the time and place above speci- fied. For additional informs- # tion, please contact Linda Ko- walski, Secretary, at 765-1809 Property: Lots 23, 24 and 25 of Suffolk, NY; County Tax Map' Subdi�p of Jonathan Parcel No. 1000-117 1. T. Ov more particularly 8:25 p.m. App t for know 1460 Town Harbor NORTH FORK AM Lane, Southold, NY; County CHURCH, C.R. 48, Mattituck, Tax Map Parcel No. 1000-064- N.Y. (Recessed from March m:a and 13. 23, 1983). :50 p.m. Application for N. 8:35 p.m. Application for CHARLES AND SYLVIA DOROTHY REISE (Owner) DeLU 'A. by Richard F. Lark, and RIAL REALTY CORP. Esq., Main Road, Cutchogue, (Contract Vendee), by Es for a Variance to the Rudolph H. Bruer, Esq., Main Zoning Ordinance, Article III, Road, Southold, NY for a Section 100 31, Bulk Schedule, Variance to the Zoning for permission to construe Ordinance, Article III, Section one family dwelling with d 100-30(A) and (B) for addition with an insufficien ` permission to construct rearyard setback, at 1235 garage and tennis court with Wells Road, Peconic, NY; _ fencing, for principal use on County Tax Map Parcel No. this vacant parcel. Location of 1000 -86 -2 -part of 1. Property: 675 Private Road 7:55 p.m. Application for No. 18A (East Hyatt Road); LULA MAE LATHAM, by Southold, NY; County Tax Twomey, Latham and Shea, Map Parcel No. 1000-50-3-9. Esgs., 33 West Second Street, Any persons wishing to be Riverhead, NY for a Variance heard concerning the above to Section 280-A, New York matters should appear at the Town Law, for approval of times and place above access over a private right -of- specified. For additional in - way located off the south side formation, please contact of Main (S.R. 25) Road, Linda Kowalski, Secretary, at Orient, NY; Parcel in Ques- 4 765-1809 (or 765-1802). tion: 1000-019-01-010. DATED: April 5, 1983. 8:00 p.m. Application forr' BYORDEROF ROGER L. MUNZ and THESOUTHOLDTOWN VICTOR CATALANO, by: BOARD OF APPEALS Philip J. Cardinale, Esq., GERARD P.GOEHRINGER Main Road, Drawer W, CHAIRMAN Jamesport, NY for a Variance 1TA14-4220 to the Zoning Ordinance, -- Article VII, Sections 100-70 & 100-71, Article VIII, Sections 100-80 & 100-81 for permission to establish retail sales of boats on this 17,193 sq. ft. parcel, in a B-1 Zone. Location of Parcel: 13175 Main Road, Mattituck, NY; County Tax Map Parcel No. 1000-140-03- 038. 8:05 p.m. Application for ROGER L. MUNZ and VICTOR CATALANO,by. Philip J. Cardinale, Esq., Main Road, Drawer W, Jamesport, NY for a Special Exception to the Zoning Ordinance, Article VIII, Section 100-80(B)[141[151 for permission to utilize premises for boat sales on the premises in question zoned B -I General Business, which use is permitted in a C -Industrial District by Special Exception. LEGAL NOTICE ' Location of Property: 13175 HEREBY Main Road, Mattituck, NY; NOTICE IS GIVEN, pursuant H Section County Tax Map Parcel No. OF NEW YORK ) 1000-140-03-038. 12 7 of the Town rovisions of tLaw and the 8:10 p.m. Application of ) 1 he Amended ' ode of the Town of Southold, HENRY JOHN PAVLAK, 3505 Y OF SUFFOLK ) Regular Meeting and the Grand Avenue, Mattituck, NY following Public Hearings will for a Variance to the Zoning t -1 Gustayson be held by the Southold Town Ordinance, Article III, Section ..•••••.••••••••••-•••••-••-••••••••••• ............................... 01 Greenport, in Said County, 100-32 for permission to Board of Appeals on construct accessor she is a representative of THE SUFFOLK TIMES, a weekly WEDNESDAY, APRIL 20, structure in thesideya dares. aper, published at Greenport, in the Town of Southold, County 1983, at the Southold Town Location of Property: 3505 Hail, Main Road, Southold, - Grand Avenue, Mattituck, olk, State of New York, and annexed is a printed copy that has commencing at 7:30 p.m. and NY; County Tax Map Parcel as follows: No. 1000107-01 005. regularly published in said newspaper once in each week 7:30 p.m. Application for 8:15 pp ROBERT AND JOANNE p.m. Application for x1.......... week(s) successively, commenting the�..4t..... day DeVOE, b Irvin L. Price, -JOHN F. AND MARY Zll 83 Yg MCFEELY, by Gandia .............................. 19.......................... Jr., Esq., 828 Front Street, Associates, Inc., 19 Brookfield Greenport, NY for a Variance Road, Northport, NY for a � ��- Q to Section for approval New York Variance to the Zoning •••�.p """""""""'"""""""""""""""' " '....... Town Law, for approval of ac- Ordinance, Article III, cess over a private right -of- Sections 100-31 and 100-32 for 1 4th way located off the north side permission to locate dwelling to before me this ............................................ of Main (S. R. 25) Road, at with an insufficient sideyard Terry's Point, Orient, NY; setback from the east side ........... '1'�""""" 19....... .'�.......................... Parcel in Question: Subdivi- line, and establishing front- sion Lot 3 of Minor Subdivision yard location of existing of Jonathan D. Stern; County garage structure. Location of Tax Map Parcel No. 1000-17- Property: South Side of 02-001.2. Peconic Bay Boulevard, 7:35 p.m. RECESSED Laurel; Count Tax Ma HEARING: Application for Y p HftEN k DE v0E Parcel No. 100Appli 2-009.1. J/Qy��,.✓ ERNEST A. Wickham, E ., 8N P.M. Application 70 DIARY PUBLIC, Sate of New York Abigail A. Wickham, Esq., ANNE POLASHOCK, 570 No. 4707874, SufIoIN County Main Road, Mattituck, NY. Third Street, New Suffolk, NY Term Expires March 30,145- 7:45 p.m. Application for for a Variance to the Zoning ANDREW KRUPSKI and Ordinance, Article 111, Section anppppppther, by William B. Smith, 100-31 for permission to t 22"Mechanic Street, Southold, replace and increase size of N fora Variance to the existing porch. Existing and Z Ing Ordinance, Article III, proposed construction will Sc tion 100-31 for approval of exceed 20% of lot coverage. two lots having insufficient Location of Property: East area and width. Location of Side of Third Street. New RICHARD F. LARK ATTORNEY AT LAW MAIN ROAD - P. O. BOX 973 CUTCHOGUE. NEW YORK 11935 TELEPHONE $16 734-6607 March 23, 1983 Mrs. Judith T. Terry Southold Town Clerk Town Hall - Main Road Southold, New York 11971 RE: N. Charles DeLuca and Sylvia Deluca - Wells Road, Peconic, New York Property Dear Mrs. Terry: In connection with the above -captioned matter, I am enclosing the following: 1. Application for Variance in triplicate. 2. Exhibit A: Deed from Herbert W. Wells, Executor to N. Charles DeLuca and Sylvia DeLuca dated March 9, 1982. 2. Exhibit B: Survey of Van Tuyl dated August 20, 1981, amended October 6, 1982. 3. Exhibit C: Minor Subdivision Map made for Estate of George Wells prepared by Roderick Van Tuyl, P.C. dated November 22, 1977. 4. Exhibit D: New York State Department of Environmental Conservation Permit No. 10-82-0515 with Amendment dated October 26, 1982. 5. Notice to Adjoining Property Owners with proof of mailing together with certified mailing receipts attached thereto. 6. Notice of Disapproval from Building Inspector. 7. Short Environmental Assessment Form. 8. Letter to the Southold Town Board of Appeals concerning Tidal Wetlands. Mrs. Judith T. Terry -2- March 23, 1983 9. Three (3) additional copies of survey prepared by Van Tuyl dated August 20, 1981, amended October 6, 1982. 10. Check payable to the order of the Town of Southold in the amount of $25.00 representing the required filing fee. If the above papers are in order, please place this matter before the Board of Appeals so a date may be set for a public hearing. Very truly yours, Richard F'., Lark RFL: be Enclosures R:D] FII "I I I RRI' 7bwN (Ci rite It rniti rR:� k o1 A'i 1:V. ti ri1 nrt OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 28, 1983 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 1'F 1+PH ONF. (5 16) 765-1801 Transmitted herewith is Zoning Appeal No. 3105 application of Charles & and Sylvia De Luca for a variance. Also inc uded 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. Terry Southold Town Clerk - _ 1 TOWN OF SOUTHOLD, NEW YO� APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE ,March 2�, 1983 a0R4'Oi4 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. X, (We) N.,...Chaxles... Del,uaa..and..Sylvia DeLuca ....... �4.Ql... ............ Name of Appellant Street and Number ......................Merrick...................................................... N. Y.....115.6.6......HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...March„21,_, 19,83,,,,,,,,,,,,.,,, WHEREBY THE BUILDING INSPECTOR DENIED TO Char.les.. & Sylvia„DeLuca ............... Name of Applicant for permit of 2.4.0.1 Hal .a..n..d....D..r...i..v..e...r..Mer.ri.ckr...w......11566 ......... ................... Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X) Permit to construct deck addition to dwelling. 1. LOCATION OF THE PROPERTY 12.35.. Wells„ Road,r,,,Peconic.r„ Wew.York................... Street Use District on Zoning Map Suffolk„ Couity,Ta, ,. , a 0100,0-,75-6-13 '"A” Residential and P...N.. Agricultural 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 and Parking Schedule (Rear Yard) 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 ) (hos not) been made with respect to this decision of the Building Inspector or with respect to this property. Such Gppeal 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 1 A Vorionce to the Zoning Ordinance is requested for the reason that Petitioners are in the process of constructing a one family dwelling on their property. In the opinion of the Building Inspector the proposed deck addition to this dwelling reduces the rear yard setback to less than the required 50 feet from "clear title boundary line"; thereby requiring a rear yard variance. (See Notice of Disapproval of Building Inspector Edward Hindermann attached hereto.) Form zat (Continue on other side) REASON FOR APPEAL • Continued • 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because your Petitioners are owners of property on the easterly side of Wells Road, Peconic, New York, which was purchased from the Estate of George H. Wells by deed dated March 9, 1982, recorded in the Suffolk County Clerk's Office on March 17, 1982, in Liber 9155 page 424 (a copy of which deed is attached hereto as Exhibit A). The metes and bounds description of the property contained in Exhibit A is depicted on a survey prepared by Roderick Van Tuyl dated August 30, 1981, and amended October 6, 1982 (a copy of said survey is attached hereto as Exhibit B). The property is also depicted as Lots No. 3 and 4 on a certain Minor Subdivision Map made for the "Estate of George Wells" which was approved by the Southold Town Planning Board on October 18, 1979 (a copy of which minor subdivision map is attached hereto as Exhibit C). The purpose of your Petitioners' purchasing this property was to build an attractive single family home thereon. Due to the property's location to Richmond Creek and the presence of wetlands on the property itself, your Petitioners discovered a Tidal Wetlands Permit had to be obtained from the New York State Department of Environmental Conservation before any dwelling could be constructed. Your Petitioners did obtain such a permit on August 8, 1982. A copy of said Permit No. 10-82-0515 (continued on Attached Rider) 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: the shape of your Petitioners' property; the presence of the tidal _wetlands thereon; the stringent requirements of the New York State Department of Environmental Conser- vation; the interpretation of the Building Inspector as to the rear lot line is the clear title boundary line;coupled with the problem of the boundary line dispute with the northerly neighbor make this property truly unusual. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because this neighborhood is zoned "A" Residential and Agricultural which allows the construction of a one family dwelling. The granting of the rear yard variance to allow a wooden deck to be attached to Petitioners' one family dwelling will an asset to their property in particular and the neighborhood in general. The 12 foot area to be occupied by the wooden deck will be within the area of the of the Department of Environmental Conservation Permit (Exhibit D). N. Charles DeLuca S FATE OF NEW YORK s5........ \..... ....:.... �.`................................................ COUNTY OF SUFFOLK ) Signature Sylvia DeLuca Sworn to this .........:. .�............................ day of ...... ...... March ................................ 19 83 Notary Public BABETTE CORNINE NOTARY PUBLIC, Stater of New York Suifelk Coun'' ty N�. ":'?-•+ Commiaion � 92800 . EaPirec t•:orch 30, 19 Appeal from Decision of Building Inspector To the Zoning Board of Appeals, Town of Southold, N.Y. N. Charles DeLuca and Sylvia DeLuca 1. STRICT APPLICATION OF THE ORDINANCE (CONT'D): dated August 3, 1982 and amendment thereto dated October 26, 1982 is attached hereto as Exhibit D. As seen from the Tidal Wetlands Permit (Exhibit D), the Department of Environmental Conservation required the house be constructed a minimum of 75 feet landward of the tidal wetlands boundary. Even though your Petitioners property is substantially large in relation to zoning requirements, the requirements of the New York State Department of Environmental Conservation left very little area in which your Petitioners could construct a home. When your Petitioners' applied for a Southold Town Building Permit, the Building Inspector Edward Hindermann determined despite the fact the front of the house would face to the south to take advantage of the natural beauty of the property and the area, as well as to comply with the Department of Environmental Conservation requirements as to the distance from the wetlands, the front yard area would be the westerly side of the house towards Wells Road and the rear yard area would be the easterly side of the house. This determination in and of itself would not be a problem except for the fact the adjoining property owner to the north, Alfred N. DiNunzio, who is successor in title to a John Krukowski claims ownership to certain portions of your Petitioners' property which is depicted on Exhibit B as "Area of Questionable Title". The Building Inspector for purposes of zoning insists the rear lot line must be the line shown on Exhibit B which he determines to be the clear title boundary line and not the ordinary high water mark of Richmond Creek. Since your Petitioners' dwelling could not be closer than 50 feet to Wells Road as shown on Exhibit B, because the Building Inspector determined that to be the front yard area, your Petitioners are now required to seek a rear yard variance in order to locate a wood deck which is attached to the main floor area on the easterly side of the house. The problem concerning the "Area of Questionable Title" has been of great concern to your Petitioners, and your Petitioners are de- sirous of and have attempted to work out some amicable means of clearing the title to this particular area of their property, but to date this has not transpired. It is your Petitioners' belief the problem of clearing the title might take several years and a possible litigation. Your Petitioners' do not want to wait that long in order to build the deck addition to their home which is currently under construction. The requirement for the rear yard variance to construct this 12 foot wide wooden deck is not substantial when the size and shape of your Petitioners' parcel of land as well as the location of the house to the wetlands is taken into consideration. The granting of the variance has absolutely no effect on the density which would affect any governmental facilities, and Petitioners have already agreed with the Southold Town Planning Board to merge lots numbered 3 and 4 on the minor subdivision so there will be just one building lot in- stead of two. Furthermore, due to the stringent requirements of the New York State Department of Environmental Conservation, it is seriously doubted any construction will ever take place on the trian- gular parcel denoted on Exhibit B as "Area of Questionable Title" due to the presence of the tidal wetlands. The point being is although the construction of the deck will require a "rear yard" variance, the practical result is this "rear yard" as determined by the Building Inspector will always be greater than the zoning require- ments due to the restrictions imposed by the Department of Environ- mental Conservation. For reasons stated above concerning the history of this problem, there is no feasible method of resolving this problem other than the granting of a variance for the relief requested; and the interests of justice would also be served by allowing the variance. N. Charles DeLuca Sy is DeLuca Appeal from Decision of Building Inspector To the Zoning Board of Appeals, Town of Southold, N.Y. N. Charles DeLuca and Sylvia DeLuca 1. STRICT APPLICATION OF THE ORDINANCE (CONT'D): dated August 3, 1982 and amendment thereto dated October 26, 1982 is attached hereto as Exhibit D. As seen from the Tidal Wetlands Permit (Exhibit D), the Department of Environmental Conservation required the house be constructed a minimum of 75 feet landward of the tidal wetlands boundary. Even though your Petitioners property is substantially large in relation to zoning requirements, the requirements of the New York State Department of Environmental Conservation left very little area in which your Petitioners could construct a home. When your Petitioners' applied for a Southold Town Building Permit, the Building Inspector Edward Hindermann determined despite the fact the front of the house would face to the south to take advantage of the natural beauty of the property and the area, as well as to comply with the Department of Environmental Conservation requirements as to the distance from the wetlands, the front yard area would be the westerly side of the house towards Wells Road and the rear yard area would be the easterly side of the house. This determination in and of itself would not be a problem except for the fact the adjoining property owner to the north, Alfred N. DiNunzio, who is successor in title to a John Krukowski claims ownership to certain portions of your Petitioners' property which is depicted on Exhibit B as "Area of Questionable Title". The Building Inspector for purposes of zoning insists the rear lot line must be the line shown on Exhibit B which he determines to be the clear title boundary line and not the ordinary high water mark of Richmond Creek. Since your Petitioners' dwelling could not be closer than 50 feet to Wells Road as shown on Exhibit B, because the Building Inspector determined that to be the front yard area, your Petitioners are now required to seek a rear yard variance in order to locate a wood deck which is attached to the main floor area on the easterly side of the house. The problem concerning the "Area of Questionable Title" has been of great concern to your Petitioners, and your Petitioners are de- sirous of and have attempted to work out some amicable means of clearing the title to this particular area of their property, but to date this has not transpired. It is your Petitioners' belief the problem of clearing the title might take several years and a possible litigation. Your Petitioners' do not want to wait that long in order to build the deck addition to their home which is currently under construction. The requirement for the rear yard variance to construct this 12 foot wide wooden deck is not substantial when the size and shape of your Petitioners' parcel of land as well as the location of the house to the wetlands is taken into consideration. The granting of the variance has absolutely no effect on the density which would affect any governmental facilities, and Petitioners have already agreed with the Southold Town Planning Board to merge lots numbered 3 and 4 on the minor subdivision so there will be just one building lot in- stead of two. Furthermore, due to the stringent requirements of the New York State Department of Environmental Conservation, it is seriously doubted any construction will ever take place on the trian- gular parcel denoted on Exhibit B as "Area of Questionable Title" due to the presence of the tidal wetlands. The point being is although the construction of the deck will require a "rear yard" variance, the practical result is this "rear yard" as determined by the Building Inspector will always be greater than the zoning require- ments due to the restrictions imposed by the Department of Environ- mental Conservation. For reasons stated above concerning the history of this problem, there is no feasible method of resolving this problem other than the granting of a variance for the relief requested; and the interests of justice would also be served by allowing the variance. N. Charles DeLuca . A-_ Syl is DeLuca BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of N. CHARLES DELUCA & SYLVIA DeLUCA NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO:PROPERTY OWNER Alfred N. DiNunzio & Wf 12 Haverford Lane Michael Zaneski & Wf Henry Pierce & Wf Coram, New York 11727 Wells Road Wells Road Peconic, New York 11958 Peconic,New York 11158 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (the following relief: A rear yard variance for permission to erect a deck addition to dwelling, 1. 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 1235 Wells Road, Peconic, New York, bounded northerly by lands of Zaneski and Di Nunzio, easterly by lands, of 11itt,1n7in and Richmond Creek, southerly by lands of H. Pierce, westerly by Wells Road 1 3. That the property which is the subject of such Petition is located in the following zoning district: "A" Residential and Agricultural District 4. That by such Petition, the undersigned will request the following relief: Permission to erect a wooden deck addition to the dwelling in the rear yard area, 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 and Parking 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) 7�5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Travel er-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: March 23, 1983 (� Petitioner N. Charles DeLuca ylvia `DeLuca, Petitioner Post Office Address 2401 Halyard Drive Merrick, New York 11566 PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS Alfred N. DiNunzio & Wf 12 Haverford Lane, Coram, New York 11727 Michael Zaneski & Wf Wells Road, Peconic, New York 11958 Henry Pierce & Wf Wells Road, Peconic, New York 11958 SIJ �oli� w of N� pII «,i LL a� rol rflJ I Ati INSURANCE COVERAGE PROVIDED — ,Ir .2 � "�I � r I I i I I i � i NOT FOR INTERNATIONAL MAIL .W m .�I ,.dj a = �� _ (See Reverse) .0 �m UIg Q qi Nlo ri I� > a ,� w t. T"rQ o�ww o �f�f �f-� �V� SENITO O Waw W, 9 j o _= Henry Pierce &_Wf m zio v to zQQ` SIPLETAND No o� w . ad Q Weis Ro U POSTATE AND ZIP CODE E _1_1_9 5 8331ANPeconic, NY 4-1 1333 N01 S301AU3S 1YN011d0 aJ POSTAGE $ O _ a 5333 BOi 831SYW1SOd 11nSN03 ° CERTIFIED EEE n W SPECIAL DELIVERY 2 9L61 'JAV HH8Y. woo, LL d Sd RESTRICTED DELIVERY t o w W SHOW TO WHOM AND DATE Q w DELIVERED - W I Ia as u H T W J W •r e. •a I S 6 1111 ADDRESSHOW 6 OE�DELIV RY' AND t Z W L ,� " W seaw TO NOR AND DATE t ED _ r' oe DELIVERED WITH RESTRICTED a f>_ yi .moi Gn y o DRIVERY SHDW TO WHOM DATE AND �� w ¢ U w o �+ ADDRESS OE DELIVERY WITH RESTRICTED DELIVERY jo w Ri� 'O.o7 sTOTAL POSTAGE AND PEES $,7�w Nf0 9 u0.'izU,0 w 1a POSTMARK ORO Gr' a� M z z i'.0 a� z O w¢ m a 301A83S 1d1303N N8n138 0 g x c � a �qq r z IQ U S3'JIA83S 1tlN011d0YI a ? E N a S333 NOd a31SVIIII 11nSN00 ° $ �Q^g 9L61 dV bHAF mAoS S,i STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK) Barbara Diachun residing at School House Road, Cutchoaue New York 11935 being duly sworn, deposes and says that on the 24thday of March 119 83 deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at _CutehoglL, New York ;that said Notices were mailed to each of said persons by (certified) (rgl) mail. Barbara Diachun Sworn to before me this 25th day of March / ; 19 83 Notary Public BABETTE CORIJ INE NOTARY PUBLIC, State of tJew York 5„rfol'a Cour.ty No. 52-5792800 (. ,- Commission Expires March 30, 19 Y�— c'I.S )(t J CONSULT YOUR LAWYER)1111 SIGNING THIS INSTRUMENT -THIS INSTR NT SNOULD 111 USED BY LAWYERS ONLY. sm THIS INDENTURE, made the day of March nineteen hundred and eighty—two, BETWEEN HERBERT W. WELLS, residing at (no number) Main Road, Southold, New York 11971, as sole surviving Executor XKNNDMK of the last will and testament of George H. Wells, late of the Town of Southold deceased, who died on the 11th day o?September nineteen hundred and thirty—nine, party of the first part, and N. CHARLES DeLUCA and SYLVIA DeLUCA, his wife, as tenants by the entirety, both residing at 2401 Halyard Drive, Merrick, New York 11566, party of the second part, WITNESSETH, that the party of the first part, to whom letters testamentary were issued by the Surrogate's Court, Suffolk County, New York Oil and by virtue of the power and authority Given in and by said last will and testament, and/or by Article I l of the Estates, Powers and Trusts Law, and in consideration of the sum of - - - - TWENTY-FIVE THOUSAND $25,000.00) - - - - - - - - - dollars. paid by the party of the second part, does hereby grant and release unto the party of the second part, the distributees or successors and assigns of the party of the snood partforever, all the right, title and interest of the party of the first Kffpart in and to: that certain plot, piece or parcel of land, Y020¢k situate, lying and being bolt at Peconic, in the Tuan of Southold, Suffolk .County, New York, bounded and described as follows: BEGINNING at a monument set at a point of deflection in the easterly line of Wells Road on the westerly line of land now or formerly of Zaneski, said monument being 897.49 feet southerly along said line of Wells Road from the southerly line of Main Road; RUNNING THENCE along said land now or formerly of Zaneski and along land now or formerly of Krukowski, South 19 degrees 59 minutes 10 seconds East, 205.0 feet; THENCE continuing along said land now or formerly of Krukowski, South 64 degrees 59 minutes 10 seconds East 220 feet, more or less, to ordinary high water mark of Richmond Creek; THENCE southerly along said high water (nark 380 feet, more or less, (on a tie -line course running South 9 degrees 05 minutes 20 seconds West, 368.13 feet), to land now or formerly of Henry Pierce; THENCE along said land now or formerly of Henry Pierce, North 84 degrees 44 minutes 30 seconds West, 270 feet, more or less, to said easterly line of Wells Road; THENCE along said easterly line, North 5 degrees 15 minutes 30 seconds East, 627.24 feet to the point of beginning, said premises containing 2.6 acres, be the same more or less, according to survey by Roderick Van Tuyl, P.C., dated August 20, 1981. 22u0s EXhIBIT r_ RFAL ESTATE MAR 17 I982 Th„ 4FER I AX SUFFOLK X 0 0 TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center fines thereof, TOGETMR with the appurtenances, and also all the estate which the said decedent had at the time of decedent's death in said premises, and also the estate therein, which the party of the first part has or has power to convey or dispose of, whether individually, or by virtue of said will or otherwise, TO HAVE AND TO HOLD the premises herein granted unto the party of the second put, the distributees or successors and assigns of the party of the second part forever. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PEFSENCEOF: PAIlA/ �/y'► As sola surviving Executor of the Last Will and Testament of /// George H. Wella, deceased. EXHIBIT ,a trfe�F:ll�rllr�4Ld STATE O/ NEW YORK, COUNTY` SUFFOLK, so STATE Or R7E1O1K, COUNTY OS so On the 9fx�day of March 19 82, before me On the day of 19 before me personally gO1e HERBERT W. WELLS, as sole Personally Came surviving Executor of the Last Will ad Testament of Georn H. Wells decease ' to me (mown to be the individual describe in and who to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that he exe ted the same. executed the same. SrNSSrL_4rR C1 TERRY. 1R. IIUTAIIY I11,411 :I i b. 6:-irX4M 03101.A i ::allrlk Coo,ty Comrt.tcih it L,p:u ►,Leith 30; M STATE OF NEW YORK, COUNTY OF tat On the day of 19 before me personally Came to me known, who, being by me drily sworn, did depose and say that he resides at No. that he is the of the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. M-3333 Caetutot's $lceb I ITLB No. HERBERT W. WELLS, as sole surviving Executor of the Last Will and Testa- ment of George H. Wells, deed,, TO N. CHARLES DeLUCA and SYLVIA DeLUCA, his wife. Recorded By. "FE TITLE INSURANCE Company of Now York 127 W. Main Street Rwefheed, N. Y. 11901 Return to: STATE OF NEW YORK, COUNTY Of IW On the day of 19 , before me personally came the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he knows to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h [lame as witness thereto. attcrlon DOCK t.oT courm oa TOWN �9iti�r sari a&►m E4 0I N d44 03UU03l a EXHIBIT Recorded By: MUM TITLE INSURANCE Company of NOW York 127 W. Main Street Rivemead, N. V. 11901 Return to: z4U.17) CONSULT �NT S LT YOUR LAWYNAMME SIONINO THIS INSTRUMENT -THIS INSTRHOULD RE USED AT LAWYERS ONLY. Mr L18 ampr YG1 Z ,31 33 THIS INDENTURE, made the � day of March nineteen hundred and eighty-two, BETWEEN HERBERT W. WELLS, residing at (no number) Main Road, 4,1 Southold, New York 11971, as sole surviving Executor XKRmrRlt M of the last will and testament of George H. Wells, late of the Town of Southold deceased, who died on the 11th day o?September nineteen hundred and thirty-nine, party of the first part, and N. CHARLES DeLUCA and SYLVLA DeLUCA, his wife, as tenants by the entirety, both residing at 2401 Halyard Drive, Merrick, New York 11566, ij I i �I i 2 party of the second part, c WITNESSETH, that the party of the first part, to whom jtestamentary were issued b the Surrogate's Court, u Icucrs Y g S ffolk county, New furl: O° and by virtue of the power and authority Given in and by said last will and test:unent, and/or by Article I 1 of the &fates, powers and 1'rusts I.aw, and in consideration of the sum of - - - - - TWENTY-FIVE THOUSAND $25,000.00) - - dollars. Paid by the party of the second pail dues hereby grant and release unto the party of the second part, the distributees or successors and assigns of the party of the strond f1[t part forever, all the right, title and interest of the party of the first part in and to: ALL that certain plot, piece or parcel of land, lying and being buft at Peconic, in the Town of Southold, Suffolk County, e New York, bounded and described as follows: ID BEGINNING at a monument set at a point of deflection in the easterly line of Wells Road on the westerly line of land now or formerly of Zaneski, said monument being 897.49 feet southerly along said line of Wells Road from the southerly line of Main Road; RUNNING THENCE along said land now or formerly of Zaneski and along land now or formerly of Krukowski, South 19 degrees 59 minutes 10 seconds East, 205.0 feet; THENCE continuing along said land now or formerly of Krukowski, South 64 degrees 59 minutes 10 seconds East 220 feet, more or less, to ordinary high water mark of Richmond Creek; THENCE southerly along said high water mark 380 feet, more or less, (on a tie -line course running South 9 degrees 05 minutes 20 seconds West, 368.13 feet), to land now or formerly of Henry Pierce; THENCE along said land now or formerly of Henry Pierce, North 84 degrees 44 minutes 30 seconds West, 270 feet, more or less, to said easterly line of Wells Road; THENCE along said easterly line, North 5 degrees 15 minutes 30 seconds East, 627.24 feet to the point of beginning, said premises containing 2.6 acres, be the same more or less, according to survey �. by Roderick Van Tuyl, P.C., dated August 20, 1981. EXHIBIT r- RFAL ESTATE MAR 17 1982 TIN,ANSFER IAX SUFFOLK TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the ratter fines thereof, TOGETHER with the appurtenances, and also all the estate which the said decedent had at the time of decedent's death in said premises, and also the estate therein, which the party of the fast part has or has power to convey or dispose of, whether individually, or by virtue of said will or otherwise, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the distributees or successors and assigns of the party of the second pert forever. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WRTNFS,S WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE O!: As sole surviving Executor of I't the Last Will and Testawnt of George H. Wells, deceased. EXH'^'T �AFF:11�r,�4Lti STATi Or NEW YORK, COUNTY* SUFFOLK, sm STATR Or e•MOORK, COUNTY OF so On the 9O;day of March 19 82, before me On the day of 19 before me personally tame HERBERT W. WELLS, as sole Personally came surviving Executor of the Last Willa d Testament of LeorQQe H. Wells decease tc me known to be the individual descr&A in and who 'to me (mown to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that :he Zted the same executed the same. r. J p ENSSn-Ac t (I TERRY. JR. 11fifAl" 1 Y411 1 h b. Ya?D518S0 Q:Wahh.O WIPIk ro..,tY Coma 1-.1 n L.pa— latch 30 Im STATI OF NiW YORK, COUNTY O/ on On the day of 19 before me personally tame to me known, who, being by me drily sworn, did depose and say that he resides at No. that he is the of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. M-3333 4eaeeutot's ]Beep YITLa No. HERBERT We WELLS, as sole surviving Executor of the Last Will and Testa- ment of George He Wells, dec'da, TO N. CHARLES DeLUCA and SYLVIA DeLUCA, his wife. Recorded By: LPUFE TITLE INSURANCE Company of New York 127 W. Main Street Riverhead, N.Y. 11901 Return to: 01, oibx STATR OF NNW YORK, COUNTY O/ flat On the day of 19 , before me personally came the subscribing witness to the foregoing instrument, with whom 1 am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he knows to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. SECTION soca LOT COUNT OR TOWN ' k, o(br 1}ld' r 4 t7 Nf1 i�?if' t6`! ag,►w4 01 N' d o 031103�a EXt lbi i', Recorded By: "FE TITLE INSURANCE Company of New York 127 W. Main Street Riverhead, N. Y. 11901 Return to: sc A 11 z4�Ll7) • FORM NO. 3 • TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No . ............................... Date.. (: !�/ GN ...�� ....... 19 � To el PLEASE TAKE NOTI,CE that `your application dated . tel..!/%.4(? .. l ....... 19 P . for permit to construct ..4! /£t e� . 4v Clf2�l. ll.C�7.tl, /. o . GlZli ���?�i, .. at Location of Property .. �GZ!� �1 ...v(/.El(.�. 1��C .................... House No. Street Hamlet County Tax Map No. 1000 Section.. QJ.S ..... Block ..O �........ Lot Subdivision ..... .—'........ Filed Map No. .............. Lot No. ......./......... . is returned herewith and disapproved on the following grounds,,e �O-S5!7 C^vi�e��T..�cxSt�r.../. 1. .. GIX/�fCCP1 �s Building Inspector RV 1/&o ShOR! ( ENVIRONME TAL ASSESSHEid( 1:0'1,1 „i . • �Y 111STPUCTIOh1S: ' 01n order to answer the questions in this short EAF it is assumed thot the preparer will use currently available 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 ons.�ered Yes the project may be significant and a completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that this project is not significant. (d) Environmental Assessment 1. VII 1 project resu t in e large physical change to the project site or physically alter more than 10 acres of land? Yes X No 2. Will there be a major change to any unique or -unusual land form found on the site?.......... Yes`&_No 3. Will project alter or hove a large effect on existing body of water?..... .. .......... Yes X No 4. Will project have a potentially large impact on groundwater quality?..... .... ..... Yes_Lc " No 5. Will project significantly effect drainage floc, on adjacent sites?.. Yes_Z_No 6. V'ill project affect any threatened or endangered plant or animal species? ........... _Yes X No 7. Will project result in a major adverse effect on air quality?........... Yes X No B. Will project have o major effect on visual character of the community or scenic views or vistas known to be important to the community?—Yes X No 9. Will project adversely impact any site or structure of historic, prehistoric or paleontological importance or any site designated as a critical environmental Brea by a local agency?......... Yes X No 10. Will project have a major effect on existing or future recreational opportunities?......... —Yes X No 11. Will project result in major traffic problems or, cause a major effect to existing transportation systems? ...... ... .... ...... _Yes X No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturbance as a result of the project's operation?... .... ... _YesX No 13. Will project have any impact on public health or.sofcty? .................................... Yes No 14. Will project affect the existing community by directly causing a growth in permanent population of more Ilion 5 percent over a one year period or have a major negative effect on the character of the community or neighborhood?................. _YesX No 15. Is there public controversy concerning the projec�t?......tna'i .7...... .. `YesX No PREPAPEPS SIGHATUR Ju REPRESENTING_ N. Charles DeLuca & Sylvia DeLuca DATE March 23, 1983 7 R 2f To: Southold Town ;lain Road Southold, NY Board of Appeals 11971 March 23, 1983 (Today' s Date) Re: Appeal Application of N. Charles DeLuca & Sylvia DeLuca Location of Property: Easterly sid of Wells Road Richmnnd Crack. ParnninNew York Dear Sirs: In reference to the New York State Tidal Wetlands Land -Use Rogulatior:s, 6 F'YCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject property in the within appeal application: (please check one box) ( 1 May be located within 300 feet of tidal wetlands; however, constructe,1 along the water -lying edge of this property is a bulkhead in very good condition and at least 100 feet in length.* I ] May ba 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. [ 1 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. [X ] May be located within 300 feet of tidal wetlands; and there is no bulkhead or concrete wall existing on the premises. See Tidal Wetlands Permit No. 10-82-0515 from the New York State Department of Environmental Con-* [ I 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, *servation dated August 3, 1982 1(g­nalure amended October 26, -19-82 attached hereto. please) N. Charles DeLuca /SEE SEC. NO. 0,5 ♦ -____� MA TCN LINE SEE SEG NO. 075 MATCH LINE Z 4.6 At. r SEE SEC HOW _z .MATCH_ _._ LINE JMx9. °5 _MI LINE 25 _ 11 0 FON MKEL N0. y FOR P9N[EL N0. FOR PARCEL N0. '^ SEE SEC NO O75 aif ev„ •.^^• -06-006 a w P Vv •� M\+ ; W A•� 5{,i •e m a. IN w 5 Adx 2 Ai9 . LI .46 A9 + o Ar . xF p AJ5 t•2 t. rf s ' S lsp 5.0.0 A t ♦ 5 ° .s J' 9 9 9.eAlt1 O 4 X� IziAMT •• 14 JA lai FOR PARCEL NO. SEE SEC, NO.065 A.\ yeA\e\ . -03-011 •, SEE SEG NO. 075 MATCH LINE Z 4.6 At. 0•/ 'rJ v I.x 1 10:M<\ 29Mt 59. `l P ♦ \ 4• \ 3 ; J i µc1 9 ) 5 \JAM ;5 \ .a le la TOWN OF SOU' r'e4el ' iy \ 26 79.4A(sl mNOEFLru LANA) y(r OFF N/GyN,WO FREER 5 3 5 _ 22 � S�Alc1 11 rp. e ' 9 30 10 • 21 A 6 0 : _ S • T +: a .n L "%.I = 17 L ' .. ♦�. $6 SEE SEC HOW _z .MATCH_ _._ LINE /.. _MI LINE FON MKEL N0. y FOR P9N[EL N0. FOR PARCEL N0. 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