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GNOZZO,~ JOSEPH & MARY ~,$~0~5_~ 73265 Main Rd., Greenport 2/4/83 CA-reinstate nonconforming dwelling use for existin~bldg, in this B-Zone. 45-3-2 MAIN ~OAD- STATE ROAD 25 SOUTHOLD, L.I.. N.Y, 11971 TELEPHONE (516) 765-180g ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3075 Application Dated January 12, 1983 (Public TO: Gary Flanner Olsen, Esq. as attorney for JOSEPH AND MARY GNOZZO Main Road, Box 38 Mattituck, NY 11952 Hearmng held 2/4/83) [Appellant[s)] At a Meeting of the Zoning Board of Appeals held on February 4, 1983 the above appeal was considered, and the action indicated below was taken ] Request for Variance Due to Lack of New York Town Law, Section 280-a [ ] Request for Special Exception under Article t Section IX] Request for Variance to the Zoning Ordinance Article V! , Section 100-60 Article XI , Section 100-118D [ ] Request for on your Access to Property the Zoning Ordinance The public hearmng on this application was also held on February 4, 1983. Upon application for JOSEPH & MARY GNOZZO, by Gary Flanner Olsen, Esq., Main Road, Mattituck, NY [Owner: W. Moritz] for a Variance to the Zoning Ordinance, Article Vi, Section 100-60 and Article XI, Section 100- l18D for perm!ssion to reinstate nonconforming dwelling use for existing building mn this B-Zone at 73265 Main Road, Greenport, NY; County Tax Map Parcel ID No. 1000-45-03-092. The board made the following findings and determination: By this appeal, appellants seek permission to reinstate the use of the easterly most building on the subject pre/nises as a one-family residence, which use has been discontinued for over two years. The building in question connains approximately 1,000 square feet of living area, upon information supplied to the board, and is set back approxi- mately 35 feet (exclusive of canopy area) from the front property line abutting the Main Road. Also existing on the premises are a concrete block, one-story building containing an area of approximately 2400 square feet, small shed to the rear of the "residence" structure and blacktopped parking areas. The premises contains 5.126 acres and fronts along the Main Road 147.43 feet. The parcels immediately abutting the subject parcel on the west and east are also zoned B-Light and appear to have been used as one-family residences prior To the adoption of zoning. In considering this appeal, the board determines that the use applied for will no~ alter the essential character of the neighborhood; that the use will not prevent the orderly and reasonable use of adja- cent properties or of proper~y in adjacent use districts; that the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located, or of permitted or legally established use in adjacent-use districts; that the safety, health, welfare, comfort, convenience and order of the town will not be adversely affected by the proposed use and its location; and that the interests of justice will be served by allowing the variance, as noted below. On motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that Appeal No. 3075, application for JOSEPH AND MARY DATED: March / 1983 Form ZB4 (rev. 12/81) (CONTINUED ON PAGE TWO) CHAIRMAN, SOUTHOLD TOW~ ZONING BOARD OF APPEALS Page 2 - Appeal NCo 3075 Matter of JOSEPH & MARY GNOzzo Decision R6nder-~e~-~bruary GNOZZO for permission to reinstate one-family dwelling Use in existing structure, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING: {t) ~ny change of use of this structure to be used as a one-fe3nily residence must 2~Yb~it~ ~e zoning laws; i.e no more than One use of this structure r ' P ltted at one time). (2) Review by the Suffolk County Planning Con%mission pursuant to Sections 1323, et seq. of the Suffolk Counny Charter. Location of Property: 73265 Main Read, Greenport, NY; CounTy Tax Map Parcel ID No. 1000-45-03-002. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was unanimously adopted. RECEIVED AND FILED BY DATE ' ~, ~0 '-2~ ID;OOA, MAIN ROAD-STATE ROAD 25 BDUTHBLD, L.h, N,Y, 119'71 TELEPHONE (516 765~'~809 GERARD P. GBEHRINGER. CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN. JR. ROBERT J. DOUGLASS ~OSEPH H SA~CKI NOTICE IS R~EREBY GIVEN, Dursuann to Section 267 of the Town Law and-the Provisions of the Amended Code of the Town of Southold, a ReGular Meetina and the followinc Public HearinGs will be held by the Southold Town Board of APPeals at the Town Hall, Main Road, Southotdr New York on FRIDAY, FEBRUARY 4, 1983 commencinq at 7:30 p.m. and as follows: 7:30 p.m. Application of FRANK TARULLI, 1540 North Bayview Road, Southold, NY for a Variance ~o the Zoninq Ordinance, Article III, Section 100-30 for permission to construct accessory horse stable and staff one horse for personal use in this A-Residential District at 1540 North Bayview Road, Southo!d, NY; County Tax MaD Parcel ID No. 1000~79-06-002.1. 7:35 p.m. Application of LAST ASSOCIATES, Box 796, Cutchoque, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct one-family dwelling with reduced front and rear yard setbacks upon parcel located on the north side of Birch Avenue, Southold, NY; County Tax MaD Parcel ID No. 1000- 77-01-021. 7:40 ~.m. APPlication for GRACE E. KENNEY, 2020 East Gillette Drive, East Marmon, NY for a Variance to %he Zoning Ordinance, Article III, Sections 100-31 and 100-34 for Dez~rLmssion to construct additions to existinc dwellin~ increasin~ the lot coverage over ~he 20% allowable and reducin~ the front and rear yard setbacks, at 2020 East Gillette Drive, East Marion, NY; Marion Manor Subdivision MaD ~2038, Lot ~47; County Tax MaD Parcel ID No. 1000-38-03-020. 7:45 p.m. Application of GEORGE AND NATALIE WIESER, Harbor Lane, Cutcho~ue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for pemission ~o construcm accessory garage in the front~ard area at 1415 Harbor Lane, Cutchoque, NY; County Tax Map Parcel ID No. !0~0-97-06-010. (continued on pa~e two Pace 2 - LeGal N'ueice of HearinGs '~ ~ · ~ ReG¢lar Meetinq of Februarv 4, 1983 Southold Town Board of Appeals 7:50 ~.m. APplication for EAST END SUPPLY CO., INC. bv Irvinq L. Price, Jr., Esq., 828 Front Street, Green~ort, NY for a Soecial ExcePtion to the Zoning Ordinance, Article VIII, Sec- tion 100-80B for ~ermission to construct warehouse-office building in this "C~LiGht Industrial" Zone. Location of Property: South side of Cot.win Street, Greenport, NY; County Tax MaD Parcel ID No. 100,0~-48-02-002 & 003. 8:00 p.m. Recessed HearinG: Appeal No. 3061. ANITA M. SA!IUELS: (1) Pool on vacant lot;, !2) A~Drova!-of Access. 8:00 ~.m. Recessed Hearinq; APpeal NO, 2930. SAL CAIOLA. To construct condominium units at C.R. 48, Southo!d, NY. ~:!0 ~.m, App!ica~ion of RONALD J. ROTH~N, Box 87~, Southold, NY (Owner: V. L'Eppiattnier} for 5 Variance ~o the Zoning Ordinance, Article III, Section 100-31 for permIssion to construct new dwelling wfth insufficient front and rear =;ard seubacks am Lakeview Avenue, PecoDic, NY; Peconic Shores Section Subdivision Lots 52-56 incl.; County Tax MaD Parcel ID Nos. 1003-67-03-002, 003, 012 and 013. 8:15 o.m. ADD!ication of W!LL!A2~ B. BERLiNEe, JR., Box 647, Mattituck, NY (Owner: B. Norris} for a Variance eo the Zoning Ordinance, Article VII, Section 100-71 for pe~iss~on to consuruc5 greenhouse addition with reduced sideyard setback at 105 Love Lane, Hattituck, NY; County Ta~ Mae Parcel iD No. 1000-141-04-031. 8:20 p.m. Application of JOHN &'SABINA BASiLE. 510 Custer Avenue, Southold, NY for a Variance to the Zoninq Ordinance, Article III, Section 100-31 for ee_~misslon to construcu addition to ex,suinG dwei!inc with reduction in frontvard setback 510 CusEer Avenue, Southo!d, NY; Fairv~ew Park Subdivision MaD 3388, Lot I!; County Tax Mae Parcel iD No. 1000-70-08-033. 8:25 e.m. ADnlication for JOSEPH & P~_RY GNOZZO, bv Gary Flanner Olsen, Ese.. Main Road, Mattltuck, NY for a Variance to the Zoning Ordinance, Article VI, Section 100-60 and Article Section 100-1!SD for eermiss~on tO reinstate nonconforming dwelling use for existinu building in this B-Zone at 73265 Main Road, GreenDorH, NY: County Tax MaD Parcel ID No. 1000-45-03-002. 8:30 p.m. Application of IRENE & POPPI PAPADAKIS, Main Road, Box 28, Orient, NY for a Variance to the Zoning Ordinance, Article III, Section 100-30 for permission ue use part of residence for a skin care clinic at 26165 Main Road, Orient, NY; County Tax Map Parcel ID No'. 1000-!8-03-023. Dated: January 13, 1983. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD D. GOEHRINGER, CHA=P~AN {By ~ ; '- ~ ~ ..... ~ [(owa Iski) Ins=~uc=~ons 5o newspapers: PLEASE PUBLIStt THURSDAY, JANUARY 27, 1983 and fo~ard 10 affidavits of publication to: Board of Appeals~ ' .~., _ Mai~ Road, Southo,l~, NY 11971, on or before Eebruarv e . ~ Page 3 - Legal Notic )f Hearings Regular Meeting of Fe~ruary~ 1983 Southold Town Board of Appeals CoDies to the foliowina on or about Monday, January 24, 1983: Suffolk Times L.I. Traveler Town Clerk Bulletin Board Mr. Frank Tarulli~ 1540 N. Bavview Road, Southold~ NY 11971 Last Associates, Box 796~ Cutchogue, NY 11935 Mr. and Mrs. Robert Kenney, 2020 East Gillette Drive, East Marion, NY Mr. and Mrs. Georqe Wieser, Harbor Lane, Cutchoguel NY 11935 Irving L. Price, Jr., Esq. for East End Supply Co., Inc. Mr. Ronald J. Rothman, Box 878, Southold, NY 11971 Mr. Victor L'Epplattenier~ Jr., 2 Dorothy Gates Massapequa~ NY 11758 P.O. Box 361, Peconic, NY 11958 Mr. William B. Berliner, Jr., Box 647, Mattituck, NY 11952 Mr. and Mrs. John Basile,. 510 Custer Avenue, Southotd~ NY 11971 Gary Flanner Olsen~ Esq. for Joseph and Mary Gnozzo, Main Rd, Mattituck Irene & Poppi Papadakis~ Box 28, Main Road~ Orient, NY 11957 11939 Z.BoA. Members Mr. Lessard Town Board Members SuDervisor W. Pell Town Attorney FORM NO, 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTFIOLD, N.Y. NOTICE OF DISAPPROVATL PLEASE TAKE NOTICE that your application dated ... 9 ' for permit ro ~_'~figtfr/a~t.. '.~G..E-...~.X.t.~iT./.;~.~....~.0. ! L. ¢./.~.G...'P(G...~...-.D.?1. C.L!,., .zV.. :C.,QC ...... at Location of Property ....~'.-~:~..b.w'~. .......... .fi! .~.(~... i~ .A../~L~.. ........ .Cr~..~.~ .'~.~... House No. Street Ham/et County Tax Map No. 1000 Section .............. Block .............. Lot .............. Subdivision ................. F/led Map No ................. Lot No .................. ~s returned herewith and disapproved on the following grounds...7'./fff...~U. ?.~.. ~.0.N..F.~.~??.(N...r.~. ...... y.. Y :TJ ..... ~~ Buddha Inspector RV 1180 Rc. cav. r:o Towa SOUT. O .O, JAN 1 983 A~PEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.''~ 4~) ~ DATE 1/...~..i 8~8 .: TOzT-HE ZONING BOARD. OF APPEALS, TOWN.OF SOUTHOLD, N. ¥, ~ ' -" ~'' ]~,:(W~e)~ JOSEiPI-IANI):MARY,GNOZZO o~ ~ 717~'A~°rn Street; Deer~Part~; 11729 ' ~ I'qdme~ Of App~ell6,n~: ' :: Street 6nd N(]n~bef ................................................................................................... i".~.~ ........ :..iHEREDY APPEAL-TO Municipality State THE ZONING BOARD Of APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMI.T NO ..................................... DATED ....~g.;..L.9.,....L..9.,~..~:: ................ WHEREBY THE BUILDING INSPECTOR DENIED TO of Street and Number PERMIT TO USE PERMIT FOR OCCUPANCY .... Z.o.8 .e. D,h.. ~.~...~...~.~¥...qg.o._~.~ g ........................... Name of Applicant for permit 717 Acorn Street, Deer Park, 11729 New York Municipality State LOCATION OF THE PROPERTY ............ ~7~8g~5.~..M..a.~i.n.~..R.g.a.~,.~G..r..e..e.~p..~..r.~.~:~..~..e...w.~.Y.~.~44 Street Use District on Zoning Map 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, SubZ section and Paragraph af the Zoning Ordinance by number. Do not quote the Ordinance.) Article XI 100-118 D and Article VI 100-60 3. TYPE OF APPEAL Appeal is made herewith for (%) A VARIANCE to the Zoning Ordin,ance or Zoning Map (~) '~,' VA~,[ANcE ' . ,. _ ~ due tO lock 6f access (State of New York Town Law Chap 62 Cons Laws Art. 16, Sec. 280,A Subsection 3 · , -~ ~ 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and wes made in Appbal No ..... .(.....[[ ................... Dated ...................................................................... REASON FOR APPEAL ) A Variance to SeCtion 280A Subsection 3 Zx~ A Variance to the Zoning Ordinance is requested for the reason that applicants seek to reinstate nonzednforming dwelling us e for exis ting b u~lding;- ~ Form (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because applicants are under contract to purchase the subject premises from Wayne A. Mortiz, There is presently existing c~n the subject property~ which is located in the B Zone, a building which was formerly used as a residence, but which use has been discontinued over two years, Applicants seek to reinstate the residential use of the Ecs ~erly most building, and due to the fact that this property is located in a B Zone, this -Variance Procedure is required to reinstate the resi- dential use. 2. The hardship created is UNIQUE and is not shared by al properties aiike in the immediate vicmh, of this property and in this use district because the existing dwelling use has been discontinued for over two years necessitating a Variance. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the Easterly z~est bnilaing has been udl~ed as a residence in the past and accordingly, the character of the neighborhood would not be changed by reinstating this non-cor~orming use in the B Zone. STATE OF NEW YORK ) ) COUNTY OF SUFFOL~ Sworn to this ........ Il.th, .................... ~:~ ..... day of ........ ~[gBgg.r.~, ............................... ~9 ,~ ............ ~,. %~.,,~ =+ '~z'" ~'"' '~' ...... No ~-~ ~tary-~h~ v4 YO~ · ~-z/~37 ~ - . . 83 DEPARTMENT OF PLANNING (516) 360-5513 Town of Southold Board of Appeals March 7, 1983 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. ~pplicant Municipal File Number William B. Berliner, Jr. eph & Mary Gnozzo 3069 3075 GGN:Jk Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner Southold Town Board o£ Appeals MAIN ROAD- STATE RI'lAD 25 SDUTHOLD, 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 VI, Section 100-60 Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit XX Variance from Article XI, Section 100-118D 3075 Applicant: Appeal No.: Location of Affected Land: County Tax Map Item No.: 1000- Within 500 feet of: __ Town or Village Boundary Line __ Body of Water (Bay, Sound or Estuary) XX State or County Road, Parkway, Highway, __ Boundary of Existing or Proposed County, Owned Land __ Boundary of Existing or Proposed County, or Other Recreation Area JOSEPH AND MARY GNOZZO Thruway State or Federally- State or Federal Park __ 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. was granted COMMENTS: Applicant i~xX~~ permission to reinstate one-family dwelling use of existing building in a B-Light Zoned District. Copies of minutes and file enclosed for your perusal. Copies of Town file and related documents enclosed herewith for your review. Dated: March 2, 1983. Secretary, Board of Appeals Southold Town Board of Appeals ~ O U T H O L~'L ELp'~'~ N ~ 15Y1~ ) 1~6~ ~ 18 09 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR SERGE DOYEN. JR. ROBERT J. DOUGLASS JOSEPH H, SAWICKI March 2, 1983 Gary Flanner Olsen, Main Road, Box 38 Mattituck, NY 11952 Esq. Re: Appeal No. 3075 - Joseph and Mary Gnozzo 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 DIST. 10o0 045.00 oo ~/ 002. OC( PF 28 (6/75) Standard N.Y.B.' :orm 8041-Contract of Sale CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT--THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY NOTE: FIRE LOSSES. This form of contract contains no express provision as to risk of loss by fire or other casualty be~ fore delivery of the deed. Unless express provision is made, the provisions of Section 5-1311 of the General Obligations Law will apply. This section also places risk of loss upon purchaser if title or possession is transferred prior to closing. 'IHIS AGREEMENT, made the day of ~ r-- - , nineteen hundred'and e i~h fy- two BETWEEN WAYNE A. I'IO~ilTZ, resiaing at P.O. Box 23, Shelter Island, New York 11965 hereinafter described as the seller, and JOSEPH GhOZZO and ~-iAiiY Gi~OZZO, his wife, residing at 717 Acorn Street, Deer Park, New York 11729 hereinafter described as the purchaser, WITNESSETH, that the sdler agrees to sell and convey, and the purchaser agrees to pnrchase, all t~t certain plot, piece ~r~arce~f~and~withtheb~dingsandimpr~vementsthere~nerected~situate~ingandbeing~:~we~t O~ the Village of Greenport, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northerly side of Main Road (Route 25) distm 76.74 feet westerly when measured along the northerly side of said b~ain Road, from a point where the southwesterly corner of land now or formerl of Village of Greenport and the southeasterly corner of land now of fo~lerly of Stacla ~!ary ~utkowsi~i intersects the northerly side of said Mai~Road; runnin~ thence alon~ the nortimrl, y side of said Hain Road, South 77 degrees 56 minutes O0 seconds West 147.43 feet to land now or formerly of Walter Twardowski; running thence along sai~ land North 26 degrees 29 minutes 30 seconds West 733.14 feet to land now or formerly of the Village:of Greenport; running thence along said land North 77 de- grees 56 minutes 00 seconds East 481.52 feet to land now or formerly of Stacia Mary Rutkowski; running thence along said land South 0 degrees O1 minutes 30 seconds East 726 feet to the northerly si'de of Main koad at the point or place of beginning. TOGETHER WITit an easement and right et way for the purpose of ingress an egress over the presently black tdpped area at the southwesterly corner of the land of Stacia Hary Rutkowski, ir~,nediately to the east, bounded and described as follows: BEGINNING at the southeasterly corner of the premises above-described and running thence easterly along the northerly side of saiH~ Main Road a distance of 35 feet; rnnning thence in a general northwesterly direcCi a distance of 42 feet to a point on the easterly line of the above de- scribed premises; runnin~ thence Sbutln 0 de~rees 1 minute 30 seconds cas along said easterly line 30 teet to the point or place of beginning. Being and intended to be the same premises conveyed to the seller herein Subject to Lease made as of December 20, 1979 between ~ayne A. Moritz, a landlord, and John P. Schott d/b/a S & S Fuel, expiring December 19, 198 A copy of said Lease is attached hereto and made a part hereof. CONTINUED ON RIDER ATTACHED HERETO.- I. This sale includes all fight, title and interest, if any, of the seller in and to any land lying in the bed of any street, road or avenue opened or proposed, in front of or adjoining said premises, to the centerline thereof, and ail right, tide and interest of the seller in and to any award made or to be made in lieu thereof and in a~nd to any unpaid award for damage to said premfses by reason of change of grade of any street; and the scllei' will execute and deliver to the purchaser, on closing of title, or thereafter, On demand, all proper instm~nents for the conveyance of such title and the assignmeut and collection of any such award. lause 8 if not in few York 2. The price is ;tgVENTY-$EVEN' THOU.q:"-~ND ~:IVE HUNDRED ( 7;77,500, 00) .......... Dollars, payable ~ fgllow~: ;EVEN THOUSAND SEVEN HUNDRED FIFTY ($7,750,00) ....................... -Dollars, on the signing of this contract, by check subject to collection, the receipt of which is hereby acknowledged; : ;;.~ ~HIRTY-THREE THOUSAND SEVEN HIJNDRED FIFTY ($33,750.00) .............. Do~n, in cash or good certified check to the order of the seller on the delivery of the deed as hereinafter provided;' EIGIiTEE£'; THOUSAND [:Il:ri'Y-ONE ($[,~,05 1. 51.) 51/100 (approx) .......... Dollars, by taking lille subject to a mortgage now a lien on said premises in that amount, beating interest ,t the rateof 7 1/2 per cent per annum, t, latlu~r~al~.daama~a~mlfl~t payable in monthlY 'in- stallments 9f $169.97 until blarch 3, 1997, said sum appli~ed .fir.st '~to payment of interest and the ~ remainder to the reduction o£ prlnCxpa£, Rutkowskz Mortgaoe) . ' by taking title subject t~ another tuort,qage now a lien on said premises in the ~m~o~mt of $17,94~{.49 (approx) bearing; interest at the rate of eleven (llfo) pe~- centum pc~r anmmt, payable in monthly installments of $227.32 until biay 22,, 1994, said sum x~~a~ appli?c first to the payment or znneresn an~ ~ne r.emalnuer to the reduction o£ principal. Copies of both of the above-mentioned mortgages are attached hereto and made a cart hereof. (Cataldo and Kane ' Mortgage) 3. Any bond Or note and mortgage to be given hereunder shall be drawn on the standard forms of New York Board of'title Underwriters for mortgages of like lien; and shall be drawnby the attorney for the seller at the expense ofthl?purchaser, who shall also pay the mortgage recording tax and recording fees. . . 4. If such purchase money mortgage is to be a subordinate mortgage on the premises it shall provide that it ,~,lmlLbe subject and subordinate to the lien of the existing mortgage of $ i '~ ~n~ exten- sions thereof and to any mortgage or consolidated mortgage which may be placed on the premiSes.m lieu)hereof,' and to any extensions thereof provided (a) that the interest rate thereof shall not be greater than Per cent per annum and (b) that, if the principal amount thereof shall exceed the amount of principal owing and unpaid on said existing mortgage at t~e time of placing such new mortgage or consolidated ntortgage, the excess be paid to the holder:of such purchase money mohgage in reduction of the principal thereof. Such purchase money mortgage shall also provide that such payment to the holder thereof shall not alter or affect the regular installments, if any, of principal payable the. reund~t and shall further provide that the holder thereof will, on demand and without charge therefor, execute, acknowledge arid deliver any agreement or agreements further to effectuate such subordination. 5. If there be a mortgage on the premises the seller agrees to deliver to the purchaser at the time of delivery of the deed a proper certificate executed and acknow edged by tle lo der of sucr mortgage and in form for recording, certifying i~s to the amount of the unpaid principal and interest thereon, date of maturity thereof and rate of interest thereon, and she Seller pay the fees for record ng such certificate. Should the mortgagee be a bank or other institution as defined in Section Real Property Law, the mortgagee may, in lieu of the said c~rtificate, furnish a letter signed by a duly authorizeid officer, ~ or employee or agent conta n ng the nformation required to be set f?.rth in said certificate. Seller represents that such mortgage will not be in default at or as a result of the delivery of the deed hereunder and that neither said mortgage,nor any ."i~ modification thereof contains any provision to accelerate payment, or to change any of the other terms or provisions thereof by reason of the de ivery of the deed hereunder 6. Said premises are sold and are to be conveyed subject to: = a. Zoning regulations and ordinances of the city, town or village in which the premises lie which are not violated by existing structures. ~ b. Consents by the seller or any former owner of premises for the erection of any structure or structures on, under or ~ above any street or streets on which said premises may abut. ~ c. Encroachments of stoops, areas, cellar steps, trim and cornices, if any, upon any street or highway. ~ 7. All notes or notices of violations of law or municipal ordinances, orders or requirements noted in or issued by the Depart. merits of Housing and Buildings, Fire, Labor, Health, or other State or Municipal Department having jurisdiction, against or affecting the premises at the date hereof, shall .be complied with by the seller and the premises shall be conveyed free of the same, and this provisinn of this contract shall survive delivery of the deed hereunder. The seller shall furnish the pur- chaser with an anthorization to make the necessary searches therefor. ~ All obligations affecting thexpremises incurred under the Eme/Jl~cy Repairs provisions of the.~dministrative Code of the City of New Yurk (SegC,~ins~64-18.0, etc.) prior to the deljicMry:~f the deed shall be paid an~ffl~harged by these~x :[~_ ler~q)o, lite dc very u' he:l~;i~d Th s.-plov s s a srvive I e d,eNljvcry o[.~hc deed. x X 9. x~f, al the linle nf th~delivery (fflh~.deed, lite p~enfises or aJ?y part Ihe?i, of shall he or shall~ave been affected by'in asse.qgtu, cnl or assessme~?~s which are or ~fihxbccomc payable i~),annual instalhP/~enls, of which tl~ first iustalknent is then a charge 9{~ten, or hasXbeen prod, then lor tlg>purposes of:;4;h~s contract all the :~t~a~d installments of any su~t asselgment including tll~se whic"fi are to become due and paA'able afar the delivery of the dee~:i, hall be d~emed to be duellnd payable and to be 'lii~a.~ u~on the premises affected the~,.by ~tnd shall be paid and dischar~d by: the seller, upon fflg_delivery of the deed. ^X ^X --Xx t.~x 10. The following are to be apportioned: (a) Rents as and when collected. (b) Interest on mortgages. (c) Premiums on existing transferable insurance policies or re- newals of those expiring prior to Ibc closing. (d) Taxes and sewer rents, if any, on the b~isis of the .t~;.i~year for which assessed. (e) Water charges on the basis of the calendar year. (0 Fuel, if any. Lien 11. If the closing of the title shah occur before lbe tax rate is fixed, the apportionment of taxes shall be upon the basis of the tax rate for tb~ next preceding year applied to the latest assessed valuatiou. Subject to any state o? '-'" - ==c~a au uccacate s~rvey or personal lnspec~- tion may show, p.rovid~d sa~ ,Joes not feuder aicle aa~arketable; covenants, utility cascmcl~Ls, ccscritCloas, rLahts el] way and str~otures o~' thc usc Lhcrcol. 't'l;c V~Ol~lLio~/~ Ut' a~y COVellalILs and restrictious b~ cxistia~ - siiaLl ~ot be deemed an ob- jection to title provided th~ title comply insuring title shall agree to insure ghat such improvements may remain in their present ~location as long as s~e shall stand. ~ It is expressly understood that the seller has not reade and does not make any ceprcscuLations as r.~ Lhc physical condition, opera- the premimiscs herein unless specifically sbt ~orth herein. The purcnasers hereby acknowludoc that no ,su=h represenuations have been made and they l~av~ pei'so~taily maae a thorough inspection of the premises, are faaiiiar with th= condition of sane and agree to accept sase in their prcscnL ~ondicioa "us is." Purchasers agree to deliver to the attorney for the seller herein a list of any objections or violations which may appear on any proper ex~ination of this title, and if any objections or viola- ~ions appear on said title ex~ninatlon and emmet be cleared by ~he seller by the time set for the closin& of title, then the seller, at his option, shall be entitled to a reasonable adjourn- ment of the closing for the purpose of rcmovin~ said objections or violations. Nothing herein shall be deemed to require the seller ~o take any legal action or proceeding to cure any defects in Any paymeans made o~ account of this contract are to be held in escrow by ~cllec's attoru~y ~mtil LiLle ~loucs or other ten~[nauion oY this contract. 1.~ .n0 int~-es~ is earned thereon it shall be renained by escrowce to defr~y administrative costs for maintaining escrow account. It is agreed that Burr G. Lewis, Jr. is the sole and only broker entitled to any cou,~aission in conuectlon with the sale herein agreed upon and th= purchasers represent that the broker herein referred to is the sole and only bv~ter with whom they conducted any and all negotiations resulting in the sale her~.in agreed. The slier agrees to ~y the brokerage c'm:mission as per separate agreement out of the proceeds of thc sale, if, as and when title closes hereunder. In the event of any loss or d~aoe to the seller from brokerage claims ar[sin, out ,,~ the ~)~-cha~c, rs~ acts, then LllercfFOln. 'l'hi~ ~ ].,uJ:;C Lo :;~l?v'i~c Ihc d~'l[v~.~-y el Lhu deed hOl'U- I[ any required l)ayi.~cht~; arc 'mad~~ ,u~ hhc ~x' ~- lst.ino iaot-tLages be- tween now and c[osin° wi,ici: r(-duc~ tile uupaia prlucipal anonnts of ~he existing mort,a~es below the amount sho~ in paragraph 2, then the balance of th~ ~rice payable at closing will be adjusted. Seller agrees that the anonnts shown in Iarasraph 2 are reasonably correct and that only [)avm~mts r~'qulrod }>v the existin~ mortgages will be made. Should /nero be amy e::.c utiqn ra3. scd bv ' *-~ -,. ~.~= title company search- ing the tJtIe c,)nccrnin-o Franchise ~' ~ , .ax(,.s ,)f any corporation now or fo~erly [n tile · ' Df ' -L ~ C w~]n title, shall not be considered an t~ S object!on to title so !Jn~ as J title company will imsure against collection out of tke ~ -~ RIDER TO CONTRACT OF SAI~],] }g]CTWE]~]N WAYNE MORITZ AS SELLER AND JOSEPH GNOF~ZOand N1At~¥ GNOZZO, his wife, AS UR( ItASERS. PURCHASERS understand that the sales price has been reduced by $2 500.00 due to the fact that the oil tanks must be removed and that the Purchasers understand that after file clod, in? of title,, /bore, is nc obligation on the part of CONTRACT is subject to and contingent upon the Purchasers, at their own. cost and expense, obtaning a variance from the Southold Town Zoning Board of Appeal~ to utilize the existing buildiug as a residence. Purchasers agree to ~ make immediate application and to pay all necessary filing fees .with the Zoning! Board of Appeals. In the event approval is not obtained withint sLxty (60) days i from the date hereof, the Seller shall have the option of extending the Purchasers' time to obtain said variance or to return the down payment made, hereunder, ai which time this contract shall become null and void. ~ It being understood by the parties hereto that in con- sideration of the reduction in the purchase price by the said sum o£ ~2,500.00, the purchasers assume the responsibility ~or the removal o£ the said tanks~and should seller remove s~e at sellers sole option prior to closint, the said sum of $2,500.00 ~,ill be restored and the purchase price shall revert t(~ read the sum of $80,000. O0. .~ ~scph Gnozzo .z. If.there be a water meter on the premises, the seller shall furnish a reading to a date not more than thirty days prior to the time herein set for closing title, and the unfixed meter charge and the unfixed sewer rent, jf any, based thereon for the intervening time shldl be apportioned on the basis of such last reading. ' 13. The deedshallbetheusual " .~- ' & Sale with cov~tmnL ~gainst ~ranto~'s acts 5a~ ga~_n deed in proper statutory short form fi~r record and shall be duly execuled aud acknowledged so as to convey ~{~ the pur- chaser the fee simple of the said premises, free of all encumbrances, except as herein stated, and shall contain the covenant required by subdivision 5 of Section 13 of the Lien Law. If the seller is a corporation, it will deliver to the purchaser at tbs time of the delivery of the deed hereunder a resolutiou of its Board of Directors authorizing the sale and delivery of the deed, and a ccrtiGcatc hy the Secretary or Assistant Secrelary of the corporation certifying such resolution and setting forth lhcts showing requiremehts of Section 909 ) ' that the conveyance is in cmdormilv with Ibc ~stablish compliance with said scclJou. 14. At the closing of the title the seller shall deliver to thc tm~chasc~ a cetlificd check [o tim o~dcr el Ihs recmdmg officer of the county in which the deed is 1() bd recorded fi)r rite amount of tbs docmnentary stamps to he aJfixed thereto in accordance with Article 31 of lite Tax l.w, and a certified check 1o the o~der of the appropriate .t'ficer other tax payable by reasun or the del/very of the deed, a~d a return, if any be required, duly signed and sw,nn to the seller; ~nd file p ~rcl assr also agrees to sign and sweat 1o thc rcturu and to cause the check and the return [u be to the appropriate .filter promptly alter thc closing of title. ~ addifi~y~,.JOe seller shaik~ e sa, e t~ de vet to ~pmc ascr mr fled cle~o tbs r el the [ ~ce ~ '~ ~ ~ '~ ( ~nc atlllo~v Ihcrc 'du- si,, eda d~,-[ . , ,, u~y t~ sad statue nd ere .... c. ' ' ' .,,, .,~;< ..... ~¢~]c ~ny ,egl~r pro]np~2fter the~singofthe 16. The seller shall give and the purchaser shall accept a title such as al~f E~ tl.e company doing bus~nese in Suffolk COI]~Ev aI]C , a Member of lbs New York Board of Title Underwriters, will approve and insure. 17. All sums paid on account of this conlract, and ~hc reasonable expenses of the examination of the title ~o said prom- 18. All fixlures and articles of personal properly attached or appmlenanl ~om used in conneclion with said tuemiscs are this sale; without limiting the generality of thc loreg } n~,, such fixlurcs ami arliclcs of personal property im:lmlc phunhmg, that stone may now be on the premises, ane ow[md by the seller. discharge, with the interest and pena]ities thercou to a date not less titan two business days after the date of closing title, may at the optiou of the seller be allowed to the purchaser out of the halancc of the purchase price, provided official bills therefor with interest and penalties thereon figured ~o said date ale l'm'uishcd hy Ibc seller at the el.stag. 20. If at the date of closing there may be a~y olhc~ liens or cncmub~mccs which thc seller is obligalcd It> pay aqd dis- charge~ the seller .may t se auy simultaneously either deliver to the purchaser at the ch)sing of title *stru, e s u reco~dnhl~s~me' pro~d~, t~c sclle~ shall such liens and encumbrances of record together with.the cost of recording or filing said instruments; or, provided that the seller has made arrangemenls with fl:e ~itle co]npnny employed by the purchaser in advance of closing, seIIcr will deposit with said company sufficient monies, acceptable ~) and required by it to insure obtaining and thc recording of such satisfactions against enfmccment of same out of Ibc insm'cd prcudses. The purchaser, if request is made within a reasonable time p~ior to the dale of closing of title, agrees ~o provide al thc closing scpa]ale ce~til]etl checks as requested, aggregating t}~c amount such laxes or oilier liens and encumbrances shall not be deemed objcchons to ~itlc il' thc seller shall comply wiflt thc fore- going requiremenls. . 22. In Ihs event fl~at the seller is m~ahle to convey lille in accordance with the lerms of this contract, the sole liability of the seller will be to rOfund to the pmchaser Ihs anmunt paid on account ()f Ibc purchase Imce and to pay the net cost of { examining the title, which cost is not to exceed the charges tixed by thc New York Board of Title Underwriters, and the net this contract shall he considered canceled. 23. The deed shall he delivered upon tim receipt of said paymenls at Ihs office of ~CreOe rick J. eec schl, 218 v'ronc Street, Gre:eapor[, .~. y. [L9~4 or about T -~ ' ~t o'clock 198~ on/~ 23, 24. The parties agree thai BerE Lewis~ Jr. $~ is the broker who ~,rought about this sale and the seller agrees to pay any commissim~ earned flmreby. 25. Il is understood and agreed that all understandings and agreementshcretofore had between the parties hereto are full investigation, neither party ~clying upon any statement or representation, not embodied in this contract, made by the other. The purchaser has inspected the buildiugs standing on said premises and is tborou~ly acquainted with and agrees to take title "as 's' and in - their condition tion between the date thereof and the closing of title. 26. This agreement may not be changed or terminated orally. The stipulations aforesaid are to apply to and bind tho 27. If two or more persons constitnte either the seller or the purchaser, the word "seller" or the word "purch~er" ~ WITNESS WHEREOF, this agreement has been duly executed by the parties hereto. Joseph Gnozzo Mary Gnozzo Wa~Pne Ao hCrz~.zC) hid to ally la d lying in the bed of any sliest, road s center line lhercof, and all right, title and interest d in gnd to any unpaid award for dan age to said execute and deliver to the m:r,-h.e ...... , _ . . 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 at the Town Hall, Main Road, Southold, New York on FRIDAY, FEBRUARY 4, 1983 com- mencing at 7:30 p.m. and as follows: 7:30 p.m. Application of FRANK TARULLI, 1540 North Bayview Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-30 for ~ermission to construct accessory horse stable and staff one horse for personal use in this A- Residential'District at 1540 Greenpor,, ,,- '[[~e- ioning Exception to ordinanCe, ~icle VIII, Section 10040~ permission t w~Enouse-offiee to co.n~truC. .... ~.l.i~ht" buildmg in u,e v- o Industrial Zone. Location of property: South side of Corwin Street, Greenport, NY; County Tax Map parcel ID No. 1000-4~02-002 & 003~se~ 6~tA~r 00 p.m. Rece earing: Appeal No. Anplication for SAL CAIOLA{' condominium units at C.Ry 4B. Southold, NY. /~4~8:t0 p.m. Application of RoNALD J' RoTHMAN, Ho~,x 876, Soutbeld, NY (owner: -. L,Epplattnier) for a Variance to the Zoning Ordinance, Article III, Section 100-31 for " permission to construct new dvelling with insufficient front and rear yard setbac.ks at Lakeviow Avenue, pecomc, NY; PeconiC Shores Section II, subdivision LotS 52-56 incl.; CountY Tax Map parcel ID Nos. 1000-67-03-002, 003, 012 and 013. 8:15 p.m. ApplicatiOn of WILLIAM B. BERLINER, JR., Box 647, Mattituck, NY (Owner: B. Norris) for a -~dinance, Artmle v Section 10~-71 for permission to construct greenhouse addition with reduced sideyard setback at 105 Love Lane, Mattituck, NY; County Tax Map Parcel ID No. 1000- 141~-031. 3:20 p.m. Application of JOHN & SABINA BASILE, 510 Custer Avenue, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition to existing dwelling with reduction in frontyard setback at 510 Custer Avenue, Southold, NY; Fairview Park Subdivision Map 3388, Lot 11; County Tax Map Parcel ID No. 1090-7008- North Bayview Road, Southold, NY;-Coufity/Tax Map Parcel ID No. 1L'~L79-06~ 002.1. 7:35 p.m. ~fl~on of LAST AS~CIATES; ~, Cutchogue, ~ for a Variaq~ Article III, ~ction 100-31 for permission to construct one- family dwelling wi~ r~uc~ front and rear yard set~cks upon parcel located on the north side of Birch Avenue, .~_..Southold, NY; County Tax Map Parcel ~ No. I~W~I- ~.p~pplication for GRACE E. KENNEY, 2020 East Gillette Drive, East Marion, the ~ng ~nan~, ~cle III, S~tio~ i~31 and 1~ for permissiOn to construct additio~ to ~ting dwe~ng increasing the lot coverage over the 20% allowable and reducing the front and rear yard setbacks, at 2020 East Gillette Drive, East Marion, NY; Marion Manor Subdivision Map g2038,' Lot g47; County Tax Map Parcel ID No. 1~3~20. 7:45 p.m. Application of GEORGE AND NATALIE WIESER, Harbor Lane, Cutcho~e, ~ for a Variance to the Zoning Ordinance, Arti~e III, ~tion 1~32 for permission to construct a~cessory garage in the ~:25 p.m. Application for~ JOSEPH & MARY GNOZZO, ~ by Gary Flanner 01sen, Esq.,/ Main Road, Mattituck, NY f~r~ /ia Variance to the Zoning~ !'~ .Of~d?~ance, Article Vl, Section/ '~ ~a0~,~ and article XI, SectionI 100-113D for permission t~ ~einstate nonconformi~X ~lwelling use for existing ~ building in this B-Zone at 73265 Main Road, Greenport, NY; County Tax Map Parcel ~ID~ No, 1000-45-0,3-002. ~ ~'~6:30 p.m. Application of IRENE & POPPI PAPADAKIS, Main Road, Box 26, Orient, NY for a Variance to the Zoning Ordinance, Article III, Section 100-30 for permission to use part of residence for a skin care clinic at 26165 Main Road, Orient, NY; County Tax Map Parcel ID No. 1000-16-03- 023. Dated: January 13,1983. · BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN (By Linda Kowalski) 1TJ27-4160 COUNTY OF SUFFOLK, STATE OF NEW YORK, ~ ss: .............. beinq duly · Tmoy..G '~6/o av'son ...... says that . .h~ .- · is Printer and Publisher of the SU~ WEEKLY TIMES, a newspaper published at Greenport, county~ and that the notice, of which the annexed is u · copy, has been published in the said Suffolk Weekly one . ~nce in each week, ~m~ .......................... 27th successively commencing on the ................... .... d~y of ~ ,x.T~..~] ,,l,,, .~.~ ...... to before me this . .'-. t .~t. t,. · Sworn ......... r '8 I Januar~r 19...3..j ~-~ ayo, ...... ii[i ...... ~£/£N K O£ VO£ NO[AR'/PUBLIC State at New ,/ork [{o 4Z078/g, Su!/OIA Coont~ lar Meeting ~nd the following Public Hearings will be held by the Southold Town Board of appeals at the Town Hall, Main road, Southold. New York on FRIDAY, FEBRUARY 4, 1983 commencing at 7:30 p.m. and as follows: 7:30 p.m. Application of FRANK TARULLI, 1540 North Bayview Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-03 for permission to con- struct accessory horse stable and staff one horse for person- al use in this A-Residential District at 1540 North Boyview Road, Southold, NY; County Tax Map Parcel ID No. 1000- 06-022.1. 7:35 p.m. Application of lAST ASSOCIATES, Box 796, Cutchogue, NY for a Variance to the Zoning Ordinance, Ar- ticle III, Section 100-31 for permission to construct one- family dwelling with reduced front and rear yard setbacks upon parcel located on the north side of Birch Avenue, Southold, NY; Conty Tax Map Parcel ID No. 1000-77-01-021. 7:40 p.m. Application for GRACE E. KENNEY, 2020 East Gillette Drive, East Mar- ion, NY for a Variance to the Zoning Ordinance, Article Ill, Sections 100-31 and 100-34 for permission to construct addi- tions to existing dwelling in- creasing the lot coverage over the 20% allowable and redu- cing the front and rear yard setbacks, at 2020 East Gillette Drive, East Marion, NY; Mar- ion Manor Subdivision Map #47; County Tax Map Parcel ID No. 1000-38-03-030. 7:45 p.m. Application of GEORGE AND NATALIE WIESER, Harbor Lane, Cut- chogue, NY for a Variance to the Zoning Ordinance, Article m, Section 100-32 for permis- garage in the frontyard area at 1415 Harbor Lane, Cutchogue, NY; County Tax Map Parcel IE No. 1000-97-06-010. 7:50 p.m. Applicaton for EAST END SUPPLY CO., INC, by Irving L. Pt/co, Jr., Esq., 828 Front Street, Green- port, NY for a Special Ezcep- tion to the Zoning Ordinance, Article VHI, Section 100-80B for permission to construct warehouse-office building in this "C-Light Industrial" Zone. Location of Property: South Side of Cot'win Street, Greenport, NY; County Tax Map Parcel ID No. 1000-48-02- 002 & 003. 8:00 p.m. Recessed Hear- ing: Appeal No. 3061. ANITA M. SAMUELS: (1) Pool on vacant lot; (2) Approval of Access. 8:00 p.m. Recessed Hear- lng; Appeal No. 2930. SAL CAIOIA. To contruct condo- minium units at C.R. 48, Southold, NY. 8:10 p.m. Application of RONALD J. ROTHMAN, Boz 878, Southold, NY (Owner: V. L'Epplattnier) for a Variance to the zoning Ordinance, Art- de IH, Section 100-31 for permission to construct new dwelling with inauffident front and read yard setbeclm at ~-~;]La~vleW · Av~ne. Peconle. STATE OF NEW YORK NY; Pecenic. NY; Peconic Patricia Wood, being du'.y sworn, says that she is the Shores Section II, subdivision Lots 52-56 incl.; County Tax tar, of THE LONG ISLAND TRAVELER-WATCHMAN, Map Parcel ID Nos. 1000.67. ublic newspaper printed at Southold, in. Suffolk County; 03-002, 003, 012 and 013. 8:15 p.m. Application of WILLIAM B. BERLINER, JR.. Box 647, Martituck, NY :Owner: B. Norris) for a Vari- anco to the Zoning Ordinance, Article VII, Section 100-71 for permission to construct green- house addition with reduced sideyard setback at 105 Love Lane, Mattituck, NY; County Tax Map Parcel ID No. 1000. 141-04-031. 8:20 p.m. Application of JOHN & SABINA BASIEL, 510 Custer Avenue, Southold, NY for a Variance to the Zoning Ordinance, Article m, Section 100-31 for permission to construct addition to exist- lng dwelling with reduction in frontyard setback at 510 Cus- ter Avenue, Sonthold, NY; Falrview Park Subdivision Map 3388, Lot 11; County Tax Map Parcel ID No. 1000.70-08. 033..~, ~ ~ p.m. Application for · JOSEPH & MARY GNOZZO, by Gary Finnner Olsen, Esq., Main road, Mattituck, NY for a Variance to the Zoning Ordin- ance, Article VI, Section 100- 60 and Article XI, Section ~00.118D for permission tot einstate nonconforming Iwelling use for existing build- j ing in this B-Zone at 73265 [ Main Road, Greenport, NY;i [ County Tax Map Put, el ID N~. tj. -45-03-002. 8:30 p.m. Application of IRENE & POPP! PAPADA- KIS, Main KRoad, BOx 28, Orient, NY for a Variance to the Zoning Ordinance, Article Ill, Section 100-30 for permis- sion to use part of residence for a skin care clinic at 26165 Main Road, Orient, NY; Coun- ty Map Parcel ID No. 1000-18. 03-023. Dated: January 13, 1983. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER* CHAIRMAN GERARD P. GOEHRINGER, CHAIRMAN (By Lindo Kowalski) IT-1/27/83¢10) that the notice of which the annexed is a printed copy, been published in said Long Island Traveler-Watch- ~ once each week for ........................ ./. .............. week~ :essively, commencing on the -~'~ 1 9.......'P~. Sworn to before me this c~ ? day of JUDITII T. TERRY TOWN CLFRK OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 1 t971 TELEPHONE (516) 765-1801 January 12, 1983 To: Southold Town Zoning Board o£ Appeals From : Judith T. Terry, Town Clerk Trasnmittedherewith is Zoning Appeal No, 3075 application of Joseph & Mary Gnozzo for a variance. Also included' 'is n0~fication to adjacent property owners; Short Environmental Assessment Form. Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval ~rom the Building Department. ~;. ~e r r~y~ Southold Town ClerR JTT/bn Enclosures BOARD OF APPEALS, TOWN OF SOUTHOLD : In the Matter or,the Petition of .... ~: : NOTICE to the Board of Appeat~'of the To~vn o(South~ld : ADJACENT TO: M~ry Twarddwski, Oreenport, N~w York PROPERTY OWNER Stacia Mary Rutkov~ki, Greenport, New York YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of South~d to request a (Variance) (Special Exception) (Special Permit) (Other) 2. That the property whi.c.h is the subject of the Petition is located adiacent to your property and is ~d. es- cribed as follows: North - Village of Greenport; East - Rutkowski; South - Main Road, West - Twardowski 3. That the property which is the subiect of such Petition is located in the following zoning district: Agricultural - Residential and B 4. That by such Petition, the undersigned will request the following relief: To reinstate non-conforming residential use. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Artfcle XI 100-118D Secticm Articled VI 100-60 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) 765-~809. 7. That before the relief sought may be granted, a public hearing mu~ be~ld 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 Long Island Traveler~Mattituck W~tchman,/newspapers published in the Town of South°Id and designated for the publication of such notices; tl~a.~,/you or/~our representative have the right to appear and be heard at such hearing. /~ / ~/ Dated: .Tanuary 11. 1983 . ///~ Petitioner Post Office Address P.O. Box 38 Main Road, Mattituck, NY 11952 PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS NAME Mary Twardowski Stacia Mary Rutkowski VilLage of Greenport Greenport, New York, 11944 Greenport, New York 11944 c/o yillage-Clerk, Greenport, New York, 11944 STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: Eleanor Jones , residing at Cardinal Drive, Mattituck~ New York , being duly sworn, deposes and says that on the llth day of .Tanuary ,19 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 ~et opposite their respective names; that the addresses set opposite the names of said persons are the addresse~ of said persons as shown on the current assessment roll ofche Town of Southold; that said Notices were mailed at the United States Post Of- fice at Mattituek, New York ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to ~'efore me this,/' llth day of fZanuar,.~r~,f , 19 ~ Eleanor Jones SHO/,T EHVII~,OHLIZNTAL ' ~:~ project and the likely impacts of the ac~io'n. It is no~ expected additional studies, research or other investigotlons will be undertaken. (b) [f any question has been answered Yes the project may be significant and o completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely-~ha% project is not significant. -.. (d) Environmental Assessment ' ' 1. Will projeci result in o large physical change to the project site or physically alter more than 10 acres of land? ........................ Yes X No 2. %'/itl %here be a major change %o any unique or -unusual land farm found on the sit&? .......... Yes 3 %'/ill project alter or have o large' effect on existing body of wafer? ....................... Y9 4 %'/ill projec~ have o po%an%tally large impact on groundv;ater quality? ....................... Yes 5 %'/ill project significantly effecf drainage flow on adjacent sites? ........................ Yes X No. 6 V/ill projec~ affect any threatened or endangered plant or animal species? ........... Yes X No 7 %'Iill project result in o major adverse effek'l on air quality? ............................... Yes. 8 %';ill project have a major effect on visual character of %he communily or scenic views or vistas known to:be imporlan¢ %o %he community? Yes ~ No g. %'/ill project adversely ~mpac% any site or .. structure of his%eric, prehistoric or paleontological impatience or any site designated as a critical environmental area by a local agency? ...-.- ..... .: ......... Yes X 10. ¥/ill project have a major effec¢ on existing or future recreational opportunities?. ......... Yes X No 11. %';ill project result in.major traffic problems ' ' o~% cause a major effect to existing %ranspor~a%zon systems ........................ Yes X No 12. V/ill pro3ec% ·regularly cause objectionable ' odors, noise, glare, vibration, or electrical disturbance as a result of %he project's ~ion? ' Yes ~ No opera' 13. %'~ill project have any impact on public health' or.safety? .................................... Yes 14. %'~ill p~oject affect the existing community by directly causing a grawlh in permanent population of more than 5 percc~t over o one year period or have o major negative on the character of the community or nezghborhood ............... ~ .............. Yes X No 15. ls there public controvers~//co~cerning PREPARER ' S SIGI,IAI URE Gary F~nne~'(]~ed,~s~. REPRESENTING Joseph and ~ary Gno~zo DATE 1/11/8~ (o) I~ order to answer the questions in this short EAF it is assumed the preparer will use. currently available informal%on concerning %he January 11, 1983 (Today's Date) To: Re: Southold Town Board of Appeals ~lain Road Southold, NY 11971 Appeal Application of Location of Property: JOSEPH AND MARY ~NOZZO 7~2~5 ~ain-aGreenp°rt'~Od New York 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 iQ the within appeal application: (please check one box) [ ] May be located within 300 feet of tidal wetiands; however, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length.* [ ] May b~ 'located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately feet in length. [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. [ ] May be located within 300 feet of tidal wetlands; .and there is no bulkhead or concrete wall existing on the premises. -[ ~ Is not located within 300 feet of tidal wetlands · to the best of ~y knowledg~ [Starred items (*) indic~e~y~o.u.~ property does not appear to fall within the jurisdic/ion of/the N.Y.S.D.E.C.] S ince/e~ y~o~ r, s, COUNTY OF SUFFOtl~ of ,9'/,4P OF L. XlND ,~, .,/.- 60.0 DUI- k CO TAY ~,AP DATA; tCY-,.,~'~ '©45 ' ,~* 2 !t 76. ?'~