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Home My WebLink About3015WAS~iN: ~3015z$/ Great Peconic Bay Blvd., Laurel 12/22/82 parcel, ha~in~ insuff, area_& wi~h. 126-9-13.1 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. ACTION OF THE ZONING BOARD OF Appeal No. 3015 Application Dated July 15, 1982 TO: Gary Flanner Olsen, Esq. as Attorney Mrs~ Marguerite Wasson Main Road, Box 38 Mattituck, NY 11952 for ~,- LE~'HOi'~E (5i6i 765-1aC,~ RECEIVED AND FILED BY *n,'- o~u~n~ TOWN C~ /~ , To~ Clerk, To~ of Southold At a Meeting of the Zoning Board of Appeals held on December 22, 1982 the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [X] Request for Variance to the Zoning Ordinance Article III , Section 100-31 [ ] Request for The public hearing on this application was also held on December 22, 1982. Upon application of MARGUERITE R. WASSON, by Gary Flanner Olsen, Esq., Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to establish each existing house on a legal building parcel, having insufficient area and width. Location of Property: Great Peconic Bay Boulevard, Laurel, NY; County Tax Map Par- cel No. 1000-126-09-013.01. The board made the following findings and determination: By this appeal, appellant seeks permission to set apart from other property she owns the house parcel located on Bray Avenue, which have become merged due to common ownership. It is stated in the record that each house was built prior to zoning and have been in common ownership by the appellant, with each house being entirely independent of each other with private wells and cesspools serving each house. Parcel No. 1 is to be set off with an area of 8,799 square feet and established road frontage of 74.38 feet. Parcel No. 2 will have 28,953 square feet and established road frontage of 96 feet. Parcel No. 1 is improved with a one-family frame house; Parcel No. 2 is improved with a one-family frame house and three accessory structures. It is the opinion of the board that Parcel No. 1 Should contain more area from Parcel No, 2; however, under the circumstances, particularly the character of the premises, it would be most unfeasible. For the record, this project has received the approval from the Southold Town Planning Board as a set-off on November 8, 1982. In considering this appeal, the board determines that the variance request is not substantial; 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 to appellants 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 interest of justice will be served by allowing the variance. On motion by Mr. Douglass, seconded by Mr. Goehringer, it was RESOLVED, that Appeal No. 3015, application of MARGUERITE R. WASSON for approval of insufficient area and width of two proposed parcels, be and hereby IS APPROVED SUBJECT TO THE FOLLOWING CONDITION: (Continued on Page Two) DATED: January 4, 1983. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Forum ZB4 (rev. 12/81) Page 2 - Appeal No. 3015 Matter of Marguerite R. Wasson Decision Rendered December 22, 1982 No further subdivision shall be permitted of either parcel. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. AP ,quVr_D Chairman Board ot Appeal~ APPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAiRMAN CHARLES GRIGONIS. JR. SERGE DOYEN. JR. ROBERT J. DOUGLASS JOSEPH H. SAWICK] Southold T wn Board of Appeals MAIN ROAD- STATE ROAD 25 SDUTHOLD, L.I., N.Y. 11971 TELEPHONE (516~ 765-1809 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of tke Amended Code of the Town of Southold,. a Regular Meeting and the followinq public hearings will be held by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, NY on Thursday, December 16, 1982 commencing at 7:30 o'clock p.m., as follows: 7:30 p.m. Application of CHARLES M. ~D KATHRYN BLASS NELSON, by Rudolph H. :Bruer, Esq., Main Road, Southold, NY 11971 for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to establish two legal building lots, each having insuffi- cient area and width at Wabasso Street, Southold, NY; County Tax Map Parcel ID Nos. 1000-78-3-31, 34 and 36. 7:35 p.m. Application of WILLIAM BURKHARDT, c/o Alfred J. Skidmore, Esq., 117 Newbridge Road, Hicksville, NY 11802 for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission reestablish two legal building lots, e~ch having insuffi- cient area and width at Wabasso Street, Southold, NY; County Tax Map Parcel ID Nos. 1000-78-3-39 and 41. 7.40- p.m. Application of ' ~ MARGUERIT~ R~. WASSON_, Dy Gary Flanner ~Olsen, Esq., Main Road, Mattituck, NY for a Variance to the Zoning JOrdinance, Article iii, Section 100-31 for permission to establish each existing house on a legal building parcel, having insufficient area and width. Location of Property: Great Peconic Bay Boulevard,~ Crel, NY; County Tax Map Parcel Non 1000-126-09-013.01. ~ 7: 45 p.m. Application of THOMAS AND JACQUELINE OCCH!OGROSSO, 77 Vanderbilt Boulevard, Oakdale, NY 11769 for a Variance to the Zoning Ordinance, Article II!, Section 100-31 for permission to re-locate dwelling with insufficient front, setbacks at 1580 Corey Creek Lane, Southold, Estates Filed Map 94923, Lot 28; County Tax No. 1000-78-4-19. side and rearyard NY; Corey Creek Map Parcel ID Page 2 Legal Notices of Hearings Southold Town Board of Appeals Regular Meeting for December 16, 1982 7:50 p.m. Application of PATRICIA A. BAILEY, 2155 Skunk Lane, Box 114. Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Secion 100-31 for permission to reestablish legal building parcels as existed prior to the 1971 change in area requirements, Lot 42 having insufficient arsa and Lot ~3 having insufficient road frontage along Leslie's Road. Location of. Property in Question: Skunk Lane and Leslie's Road, Cutchogue, ..... ~¥~Co~nty Tax Map Parcel ID Nos. 1000-97-4-11, 12 and 17. 8:00 p.m. Application of ESTHER M. WILLIAMS, Mechanic Street, Southold, NY (c/o Mr. D. Smith) for a Variance to the Zoning Ordinance, Article VIi, Section 100-71 for permission to construct addition to existing residence with insufficient sideyards. Zone District: B-1. Location of Property: West side of Mechanic Street, Southold~ NY; County Tax Map Parcel ID No. 1000-061-04-013. 8:05 p.m. Application for DONALD BRENNAN by John Scaramucci, 1965 Westphalia Road, Mattituck, NY for a Variance to the Flood Damage Prevention ~aw, Sections 46-12 and 46-17(C) [1] for permiss!on to utilize basement for utilities below the minim~ required elevation above mean sea level in this A-4 Flood Zone. Location of Property: 10090 New Suffolk Avenue, Mattituck, NY; County Tax Map Parcel ID No. 1000-116-06-002. 8:10 p.m. Application for DONALD BRENN~N by John Scaremucci, 1965 Westphalia Road, Mattituck, NY for a Variance for approval of access, New York-Town Law, Section 280-a. Location of Property: Off the south side of New Suffolk Avenue, Mattituck, NY; County Tax Map Parcel ID No. 1000-116-06-002. 8:15 p.m. Application of DOUGLAS E. MURPHY, 437 Seventh Street, Greenport, NY for a Variance to'the Zonlng Ordinance, Article III, Section 100-31 for permission ~o construct addition to dwelling which exceeds the 20% allowable tot coverage requirement at 437 Seventh Street, Greenpors, NY; County Tax Map Parcel No. 1000-048- 01-035; Greenport Driving Park Map No. 54~, part of Lot #35. 8:20 p.m. Application for THEODORE AND MEL METALIO~, by Irv- ing L. Price, Jr., Esq., 828 Front Street, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Sections t00-30C and 100-32 for permission to construct tennis cour~ and deck to be located in the frontyard area at 16315 Main Road, East Marion, NY; County Tax Map Parcel ID No. 1000-023-0~-012.2. Page 3 Legal Notices of Hearings Southold Town Board of Appeals Regular Meeting for December 16, 1982 8:30 p.m. Mattituck, NY Section 100-34 with reduction Drive, Mattituck, Application of CYNTHIA KAMINSKY, 75 Woodctiff Drive, for a Variance to the Zoning Ordinance, Article III, for permission to construct addition (enclosed pool) in the rearyard (sideyard) setback at 75 Woodcliff NY; County Tax Map Parcel ID No. 1000-107-07-028. Ail persons wishing to be heard on the above applications should appear at the time and place above specified. Dated: December !, 1982. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski, Secretary Notice to Newpspaper: PLEASE PUBLISH ONCE, TO WIT, THURSDAY, DECEMBER 9, 1982 and forward 1t affidavits of publication to: Board of Appeals, Main Road, Southold, NY, on or before December 15, 1982. (Tel. 765-1809) Copies mailed to the following 12/3/82: Suffolk Times L.I. Traveler-Watchman Rudolph H. Bruer, Esq. for Mr. and Mrs. Alfred J. Skidmore, Esq. for Mr. Gary Flanner Olsen, Esq. for Ms. Mr. and M_rs. Thomas Occhiogrosso Mrs. Patricia A. Bailey Mr. D. Smith for Ms. Esther M. Williams Mr. John Scaramucci for Mr. Donald Brennan Mr. Douglas E. Murphy Irving Lo Price, Jr., Esq. for Theodore and Mel Me%alios Mrs. Cynthia Kaminsky Posted on Town Clerk Bulletin Board Copies to Mr. Lessard (Building Department) Charles M. Nelson William Burkhardt Marguerite R. Wesson and Town Board FORM NO. 3 TOWN OF SOUTItOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ To ~.~..~..~. ~..~.~ PLEASE TAKE NOTICE that your a~ d4ted ........... , for permit to omasl-lai~...~. ~. ~.~'~.~../.=? .~7.o..~. ¢ .~7- .~. .............................. at Location of Property .7.~..~..~.. ~,ZT.. ~.~.C..~..~.~..~.(~. ~. ............. g~.~...t~.,. (..'... House No. r Street Hamlet County Tax Map No, 1000 Section .. f..~.~. ....... Block ...O.;~ ........ Lot (3 z ~_ O? Subdivision ~ Filed Map No ................. Lot No... ~' is returned herewith and disapproved on the fbllowing grounds. ~4 .~...~. ?.~ .~(~.../?.. ~ ...... ~-5~..~.. ~. ~.~. ~. ~/, ~. ~~. &,~...=... fL ~ / B~ding Inspector RVI~O ~ ~bPi~4L FROM DECISION OF BUILDING INSPECTOR TOWN OF SOUTHOLD, NEW YORK APPEA NO. DATE .~, ....... .T?XHE ZONING. BOARD-OF APPEALS, TOWN OF.SOUTHOLDr N.-Y. ' 1, (We) ..~YI~gtle2'[!e:.~....x~r~"qsD~ ................. of ~'".i~.le.QOllic:.][~a~r.~ol~ie'v'8~'0 ......... i..~. .......... Name Of Appellorit -:~ - ~ Street and Number ......... ~r.~.t.i.i.t.u.9.~. ..................................... ~ ........................... '~...~...e."'w'...~...°.~.....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 ( ) ( ) ('X) Name of Applicant for permit of Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Variance 1. LOCATION' OF THE PROPERTY..Ble.a..y:..g.y..e. ag.e. ....... :....;~. ........ .~...a..t..t.i.~..m}...k..,.:...~...e..w....X.o.~k.: ...1.1952 Street Use District on Zoning Map ................................................................................. A grie ultural- Residential Mop No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordi,nance.) Article III, Section 100-31 and Bulk Schedule 3. TYPE OF APPEAL Appeal is made herewith for (X) A VAR_lANCE to_the Zoning Ordinance or Zoning Map ( ) A V~ARIANCE~due to.lack_ of access (State pf New yqrk Town_~Law Chap, 62 Cons. Laws ~ _ Art, 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~z~(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 o variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL (X) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance ( ) is requested for the reason that applicant seeks to set apart from other property, which she owns, the house parcel located on Bray Avenue as shown on the survey of Van Tuyl, which is made part of this application. Form ZB1 (Continue on other side) c q J COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 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 Ernest E. Wilsberg Jerome E. & M. Dorothy Bloom Robert W. Gillispie, Jr. Madeline J. Heinisch Peter S. Terranova Anthony & Carmela Prisco Alice G. Levien Peter D. Pizzarelli Marguerite R. Wasson Alice G. Levien Mary Sayegh William Keinath Thomas & Jacqueline Occhiogrosso Michael & Annette Collins Andrew Pafitis Nicholas W. Ippolito Allen Ovsianik Theodore & Mel Metalios George & Natalie Weiser Harold P. Schwerdt J. Royal & Virginia Gifford Patnick Realty Corp. Ann Wyden & Peggy Heller John F. & Mary McF~ely GGN :jk Very truly yours, Lee E. Koppelman Director of Planning ; Gerald G. Newman Chief Planner 2811 2977 2978 2979 2983 2984 2985 2986 3015 3020 3021 3023 3031 3038 3042 3044 3048 3059 3071 3O76 3083 3084 3089 3102 Southold Town Board of Appeals NIAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. llgT1 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.: 3015 Applicant: MARGUERITE R. WASSON Location of Affected Land: Great Peconic Bay Blvd., Laurel County Tax Map Item No.: 1000-126-09-013.01 Within 500 feet of: -- Town or Village Boundary Line -- Body of Water (Bay, Sound or Estuary) -- State or County Road, Parkway, Highway, Thruway __Boundary of Existing or Proposed County, State or Federally- Owned Land -- Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area __ Existing or Proposed Right-of-Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Estab- lished Channel Lines, or Within One Mile of a NUclear Power Plant __Within One Mile of An Airport. COMMENTS: Applicant z~~ permission to establish each existing house on a legal building parcel, having insufficient area and width. Copies of Town file and related documents enclosed herewith for your review. Temp. Secretary, Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS. JR SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SDUTHOLD, L.I., N.Y. IlB?I TELEPHONE (516) 765-1809 January 5, 1983 Gary Flanner Olsen, Esq. Main Road Box 38 Mattituck, NY 11952 Re: Appeal No. 3015 - Marguerite Wasson 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 Planning Board GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski Secretary Parties: Property Purchase Price: WARNING: NO REPRESENTATION IS MADE THAT THIS FORM OF CONTRACT FOR THE SALE AND PURCHASE OF REAL ESTATE COMPLIES WITtI SECTION 5-702 OF TIlE GENERAL OBLIGATIONS LAW , ("PLAIN ENGLISH"). CONSULT YOUR LAWYER BEFORE SIGNING IT. NOTE: FIRE AND CASUALTY LOSSES: This cllnlra,'t form docs not provide for wi.il happens in the event of fire or easuahy loss hefore the litle closi.g. Unless difl'erent provision is made in this contract, Section 5-1311 of the General Obligations Law will apply. One part of that law makes a purchaser responsihle for fire and casualty loss upon taking of title to or possession of the pre~nises. CONTRACT OF SALE made as of the /*'/ day of ~tt~t,~)~ ~ 1~'~ BETWEEN / MARGUERITE REEVE WASSON, residing at: Address: Peconic Bay Boulevard, Mattituck, NY, 11952 hereinafter called "SELLER", who agrees to sell, and LYLE E. GULICK, residing at: Address: 2684 Wildale Road, Baldwin, NY, 11510 hereinafter called "PURCHASER", who agrees to buy: The property, including all buildings and improvements thereon (the "PREMISES") (more fully described on a separate page marked "Schedule A") and also known as: Street Address. (no #) Bray Avenue, Laurel, New York, 11948 Tax Map Designation: District I000, Section 126, Block 9, Lot - Part of 13.1 Together with SELLER'S~ interest, if any, in streets and unpaid awards as set forth in Paragraph 9. The sale also inc]udes all fixtures and articles of persona] property attached to or used in connection with the PREMISES, unless specifically excluded below. SELLER states that they are paid for and owned by SELLER free and clear of any lien other than the EXISTING MORTGAGE(S). They include but are not limited to plumbing, heating, lighting and cooking fixtures, bathroo~n and kitchen cabinets, mantels, door mirrors, venetiari blinds, shades, screens, awnings, storm windows, window boxes, storm doors, mall hoxcs, weather vanes, flagpoles, pumps, shrubbery, fencing, outdoor statuary, tool sheds, dishwashers, washing machi.es, clothes dryers, garbage disposal units, ranges, refrigerators, freezers, air conditioning equipment and installations, and wall to wall carpeting. Excluded from this sale are: Furniture and household furnishings, 1. a. The purchase price is ~ayable as follows: 43, 000.00 On the signing of this contract, hy check suhj,,ct lo collcclio.: ( TO be held in escrow by seller's attorney unI:il closing) By allowance for the principel a.,.ount still unpaid on EXI:~TINt; MCtBTGAGI!',IS): By a Purchase Money Note and Mortgage from PURCHASER for assigns) to SELLER: BALANCE AT CI,OS1NG: $ 4, 300.00 $ 38, 700.00 b. If this sale is subject to an EXISTING MORT(;AGE. the Purchase M,ney Note and Mortgage will also ~rovide that it will remain subject to the prior lien of any EXISTING MORTGAGE even though the EXISTING MORTGAGE is extended or modified in good faith. The Purchase Money Note and Mortgage shall be drawn on the standard form of New York Board of Title Underwriters by the attorney for SELLER. PURCHASER shall pay the mortgage recording tax, recording fees and the attorney's fee in the amount of $ for its preparation. c. If any required payments are made on an EXISTING MORTGAGE between now and CLOSING which reduce the unpaid principal amount of an EXISTING MORTGAGE below the amount shown in Paragraph 2, then the balance of the price payable at CLOSING will be adjusted. SELLER agrees that the amount shown in Paragraph 2 is reasonably correct and that only payments required hy the EXISTING MORTGAGE wilt be made. d. If there is a mortgage escrow account that is maintained for the purpose of paying taxes or insurance, etc., SELLER shall assign it to PURCHASER, if it can be assigned. Ill that event PURCHASER shall pay the a~nount in the escrow account to SELLER at CLOSING. Existing Mortgage(s): Acceptable Funds: "Sub~ret to" Provisions: Closing Defined and Form o! Deed: Closing Date and Place: Streets and Assignment Unpaid Awards: Mortgager's Certificate or Letter as to Existing Mortgoge(s) : Compliance with State and Municipal Department Violations and Orders: Omit i! the Property is Not In the City o[ New York: Installment 2. The PREMISES will be conveyed subject to the contimdng lien of "EXISTING MORTGAGE(S)" as follows: Mortgage now in thc fid principal amount of $ per year, presently payahle which include principal, interest, and with any balance of principal being due and payable on ,qlltl interest at the rate of in installments of $ SELLER hereby states that no EXISTING MORTGAGE coutains any provision that permits the holder of the mortgage to require its immediate payment in full or to change auy other term thereof by reason of the fact of CLOSING. 3. All money payable under this cuntract, unless otherwise specified, shall be either: . ~:~ a. Cash, but not over one thousand ($1,000.00) Dollars, b. Good certified cheek of PURCHASER or o~cial check of any bank, sav ngs auk, trust company, or savin~ and loan association having a banking o~cc i. Ibc State of New York, pawdfle lo the order of SELLER, or t0 order of PURCItASER and duly endnrs,:d by PtJIICIIASER (if an individual) to thc order of SELL~ in presence of SI,:I,I,ER nr SEI,I.I,:I{'5 allorncy. c. Money other than the purchase price, payable to SELLER at CLOSING, may be by check of PURCHAS~ up to the amount of ~ive Hundred ......................... ($ 500~ 00 ) dollars, or d. As otherwise agreed to in writing by SELLER or SELLER'S attorney. · ,' 4. The PREMISES are to be transferred subject to: a. Laws and governmental regulati~ms that affect lhe nsc and maintenance of the PREMISES, provided that tbcy are nol vi,,ha,.d by Ibc I).ihlings ami imln-Owqncrfls ,.r,'ctc, I ,,n thc I'IH';MISES. h. Consents for the crcetinn of any $trucqul'es on, under or above any slreets on which the PREMISES abut, c. Encroachments of sloops, areas, cellar sh.ps, trim and ,'.mites. if any, upon any street or. highway d. Any set of facts an accurate survey may show prodded atle is not rendered unmarke table. e. Covenants, easements and restrictio;~ o~record, provided not ~o~ted by existing structures. S. SEI,I.ER s~]l give and PUIICIIASEII shall aece ,1 suc ,, Ibe~r standard form of htle pohcy, subject only to Iht melters provided for in this contract. 6. "CLOSING" means the settlement of the obligations of SELLER and PURCHASER to each other under contract, including the payment of the purchase price to SELLER, and the delivery to PURCHASER Barea~ & Sale Deed wi~ Covenants ~ in proper statutory form for r~ord~ so as to ~ansfer full ownership (fee simple title) to Iht PREMISES, free of all enemnbrances except as stated. The deed will eontaiu a eowmant by SELLEI{ as required by Section 13 of the Lien ~aw. , .~ If SELLER is a corpnration, it will deliver to PUl{CHASER at the time cf CLOSING (a) a resolution o~ Its Boar of Directors authorizing the sale and delivery of the deed. and (b) a certificate by the Secretary or Secretary of the corporation certifying such rcsolutiou aud setting forth facts showing that the transfer is conformity with the requirements of Section 909 of the Business Corporation Law. The deed in such ca~ shall,; contain a recital su~cient to establish co~nptiance with that section. 7. CLOSING~y will take place at the o$ce of Gary Flanmv Olsen, Esq.,Main' Rd. ,Mattit~/t,' ' at 10:00 o'clock on or about 21 days after ~ sub-di~sion approval 8. PURCI1ASEB bercby states that PURCI{ASEB has not deah with auy broker in connection with this sale other than Celic Estate Agents, ~c. and SELLER agrees to pay the broker the commission earned thereby (pursuant to separate agreement). 9. This sale includes all of SELLER'S ownership and rights, if any, in any land lying in the bed of any street or highway, opened or proposed, in front of or adjoining the PR~MISES to the center line thereof. It also includ~ any right of SELLER to any unpaid award hy reason uf any taking by condemnation and/or for any damage to the PREMISES by reason of change nf grade of any streel ur highway. SEI.LER will deliver at no additional cost to PURCHASER, at CLOSING, or thereafter, on demand, auy dochments which PURCHASER may require to collar the award and damages. 10. SELLER agrees to deliver to PURCHASER at CLOSING a certificate dated not more than thirty (30) days before CLOSING signed by the holder of each EXISTING MORTGAGE. in form for recording certifying tho',,f,~ amount of the unpaid principal and interest, date of maturity and rate of interest. SELLER shall pay the fee~ x~o~ recording such cerlificate. If the bolder of a mortgage is a bank or other institution as defined in Section 274-a, Real Pruperty Law.. it. ,may' instead of tl~ certificate,, furnish a z lu~lifitd letter dated~ not more than thrty ( )30 days bqforc CIA)SIN(. colltalnlng ti. salnt~ Inf, mual~,m. NEI,[,I',I r,l v sin ~s t a ~v EXISTING MORTGACE will not be in defaut at ti t'~ e ff CIA)SING - ' - ~ a. SELLER will comply with all ,.acs or ,,oti~ of viohuio,,s of law ~-mmfie~L~~r ~rqUi~e~en~ ~oted in or issued by any govermuental de ~artment baying authority as to lands housing, buildinvs, e, health and labor conditio,,s affecting thc I BEMISES at 0,e date ber*~of. The PREMISES shall b[transferr~ frec of them at CLOSING and this provision shall survive CLOSING. SELLER shall furnish PURCHASER ~th any authorizations necessary to make th~-aearchcs that could disclose these matters b. All obligations a~eeting thc IqlEMISES, incurred mrsuant to ~he Adnn~i~ ~Code of the City of New York prior to CLOSING and payable in money shall bc discharged by SELLE~ at CLOSed__on ~![ s~vive.C~SING ........... 1 PREMISES are affected by an assc~sm w h s r may become payable in 12. If lime CLOSING annual installments, and the firsl installment is thcu a lien. or has been paid, then fur )ur $oses of this contract all the unpaid installments shall be considered due and are to be paid by qEI I ER at CI OSING Rider* y be used with Standard NYBTU Form rev. I 1/78 SCIIEDULE A (Description of Premises) All that certain plot, piece or parcel of land, with tile buildings and improvements thereon erected, situate, lying and being ~ at Laurel, Town of Soathold, County of Suffolk, State of New York, more particularly ddsignated as parcel //2 as outlined in ~'ed ink in the enclosed survey of Van Tuyl & Son. The parties understand and agree that this contract is contingent upon the Seller obtaining approval from the Southold Town Planning Board, Southold Town Zoning Board of Appeals and any other appropriate governmental agencies to divide subject premises from others owned by the Seller. The Seller shall have 90 days from the date hereof to obtain'said approvals and in the event said approvals are not obtained, wthin said 90~day period, either party, upon written notice to the other, may cancel this contract. The Seller shall return the down-payment paid herein at which time this contradt sh all be considered null and void. purchasers may have a termite and/,or other wood boring insects inspection made of the premises at their sole expense within 10 days of signing contract. If such inspection shows the presence of termites or other wood boring insects, Seller shall have the sole option to make the necessary repairs and/or treatment or to return the down payment herein to Purchasers and to cancel this contract or Purchasers may elect to take thc pr(~mises with said infestation at no abate- ment in price. SeLler represents that the plumbing, heating and electrical systems will be ih wov?ing order at the time of the closing and roof is free of leaks. Seller will deliver a pre-existing Certificate of Occupany at or prior to closing of title, as a single family residence. PREMISES to be delivered vacant and broom clean and refrigerators and other belongings of the Seller will be removed from the basement and yard. Distributed b.v CHICAGO TITLE INSIJII&NCE C O 1~! P,& 1~¥ ,,iDER TO CONTRACT OF SALE BETWEEN: MARGUERITE REEVE WASSON, AS SELLER, AND LYLE E. GUI~ICK, PURCHASER' The purchaser agrees to deliver to the attorney for the Seller any objections to title or violations which may appear on any propE tton of title, and if anyof the objections or violations which may ' d title examination cannot be cleare by the Seller prior to the date set f ing of title, then the Seller shall be entitled to a reasonable 'closing for the purpose of clearing such objeqtions or violations. ~ the event that the Seller is unable to convey title in .ms of this agreement, the Seller shall have the option of ~ections to title or violations, or to return to the Purchaser the amount account of the purchase price hereunder and to reimburse the Purchaser cost of the title examination, which cost is not to exceed $100.00, and the of any survey made in connection therewith incurred by the Purchaser; mhd upon such payments being made, this agreement shall be considered and of no further force and effect and the parties heretO shall leased of any and all further liability as against each other, and any, of the purchaser against the premises shall cease and termtn~%el Seller shall not be required to brin~ any action or proceeding or incur any expense to render the title to the premises marketable chaser may, nevertheless, accept such title as the Seller may,, · vey, without any reduction of the purchase price or any credit or against the same and without any liability on the ,gatt veyance. The acceptance of a deed by the Purchaser shall be full performance and discharge of every agreement and obligation'~ of the Seller to be performed pursuant to the provisions of this cept those provisions, if any, which are specifically stated herein to the delivery of the deed. ire Reeve ~sson Lyle Readings: Allowance /or Unpaid Taxes, Etc.: Deed Transfer and Recording Inability to Entire Singular Plural: Survive CLOSING. ' ' ~ "".e.. -LiS provision 14. If there be a waterOer on the PREMISES. SELIA;R sba furnis} a nadie o a dale. days before CLOSING dale anti of such last reading, the unfixed meter charge am{ sc ¥.r rent t ~',, ,.t.~ ~not mo~e t~n 15.S~L~ has the option to credit PURCHASER as an adjustment of the purchase price with the amount date ~, m ter charges and sewer rents, together w th an interes Y , s.~ d: ys after CI OS NG -,-~--' ' .... Y - , t and penat es thereon to produced at CLOSING. ~ ~ ~ ' , I'"~n,e. mat omcm~ bills therefor c.mputed to a said date are 16. If there is anything else affecting H.~ sale ;~hich SELLER is -IJigated to pa~ and d?scba~e at CLOSING~ SELLER ma) use any porlion ~ff Ibc, ha[am.c ~,f thc i.ircha:.e I.i.. t,, di~ch:l%,, h. X. ,'m ~llh'rnalivc SEI.LER may tml -.ly if Ilie Ihh' IIIsllram,. t','lllIl/l) ~*ilt i.~t.c I'uRCIIASI':I{'S title ch?ar >f the matter or insure a a~t enforcement out of t ,e PI{EM SES. Upo,, request, made within a reasonable time before CLOSING, ~e Pu~~ agrees to provide separate certified checks as requested to assist in clearing up these matters. 17. Ifa lilh~ cxamlnalion fl s,'h ~..~ i.dg m. a ba.kr ii 'h.z ,n olh.~ n't.r.s againsl persons having names s;un,, a:~ or simih. I. lh0l ,,[ SEIJ.Ell SEIJ.I,'.II si.dj d,'lixcr ~ salisfa,.t,,D detailed affidavit at CLOSING showing that fi.w are nol agai.sl SELl,ElL recording ~ ,~. I]ll .l~u~ , / lie a)proprm ~ State City or ami I. vausc Ibp c "kgb) ami II.. lax ~,'lurn h, h,' ,h'llvcr.,I I,, H.' alq.'opHatc ,JIic.r i~r,..ptly after CLOSING. 19. All n.mcy pai,[ ,m accmml .f Ihls (,,nlra~L aud Ibc r..so.aldc -xpcnses of examination of the title to the PREMISES and ol a.y survey and survc) inspc, qion chargers are hereby made liens on the PREMISES and collectable oul of the PREMISES. S.ch liens shall m)t continue after deffiuh in performance of the contract by PURCHASER. 2~ If SELLER ,s unable to t[],~sf r t, c to PUI~CI~ASEll in acctr a ~ vt s t ontract.~qEnnERs shall be to refund a I money [a.I .tt~.n.t of ~s c , , _ sole ( 1.~ 1.1)} a~propr,.m~ add,h(.,.I sc r '1,.~ d . . ?l[~.].t.. pit 7, all. h.,rgts math, for: ( ~ exam n n the ' . --) ~mmcr r~gnts agamsl the olh, ~ ....... ¢.e¢~. and neither SELLER 21. PUl/( HASER has inspcclcd thc h.lhli.gs ,, ~ Ibc PR ']M ~ ,N ami is thoroughl~ a,.luainpM with their ,',mdltion PURCH4~Fil and the personal property i.cluded in this sale .grocs Io p.rchasc them "as is" and in PUR(3IASI]II shall ~t tvc Ibc right, afl,. I,,;~-on.l~lc .,)two ~,, SI, LE/~ t,, ill~p(,fq [hPnl before CLOSING. 22. Ali prior underskmdings and agrc,'n.,nl~ I..rwvc. SEI,I1]/ arm I)l~ It IIA~I'II arc ..'rged in Il, is contract. 23. This (:()llll'it('[ ~ll;ly IlO[ he chaug,,d or call(',~l[cd ex, tqm[ il, ~' lng '['}l,~ conlrm.f shall also a*pply t. and bind hen.h~ aulhorizc their atl.rn.ys I..g~ce in writi.g h, any cJmngcs in dates and time periods provided for in this contract. 24. 41,; si.gular word or h'rm herein shah also bc rc.d as in Ibc plural wh,'m.;cr thc sense of this contract may requin~ il. In Presence Of: OVER STATE OF NEW YORK, COUNTY OF On the day of personally came 19 to me kno:~n to be the individual described in and who executed-the foregoing instrmnent, and acknowledged that ~ executed the same. STATE OF NEW YORK, COUNTY OF ss: On the day ol I') . I,cf,~rc mc personally came to me known, who, being by me duly sworn, did depose and say that be resides at No. ; that he is the of , the corperation described in and which executed the forcgoi.g instrume.t; that he knows the seal of said corperafio,; tlmt the seal affixed to said instrmnent i~ such corperatc sea]; that it was so M~xed by order of thc board of directors of sahl corper~tlon, and that he si~ncd h name thereto h~ llke order. ss: STATE OF NEW YO4OUNTY OF SS: 19 , before me , before me On the day of personally came to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the sa~ne. STATE OF NEW YORK, COUNTY OF ss: On Iht day of 19 , be[ore me a partnership, and known to me to be the person described i~ and who cxcculed the foregoing instrument in the partnership nan]e, ami said duly acknowh.dgcd that he executed the foregoing instrument for and on hchalf I.f said partnership. Ch)sing of title under the within contract is hcreb) adjourned to 19 , at o'clock, at : tith. to bc cl.sed and all adjustments to be ~nade as of 19 Dated. 19 For value received, the within contract and all the right, tith' and interest .f the purchaser thereunder are hereby assigned, transferred and set over unto and said assignee hereby assumes all ohligations of the purchaser thereunder. [)a ted, 19 Assignee o/Purchaser TITLE No. WASSON TO GULICK STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Distributed b~ JTITLE GUARANTEE- NEWYORK A TICOR COMPA~IY PREMISES Z NOTICE NOTI~ IS HERI~Y N.Y. on Wednesday, D~i!~n- bet 22, 1982 oommellcing at 7:30 o'clock p.m., ~nd as 7:30 p.m. Application of ~ M. AND KATH- RS~N BLASS I'll, SON, by Rudolph H. Bruor, F..sq., Main Road, Southold, N.Y. 11~71 for a Variance to the Zoning Ordinance. Article Ill, ~tion 100-31 for pezmission to estab- lish two legal building lots, each having insufficient area and width at Wabasso Street; Southold, N.Y.; County Tax Map Parcel ID No.s 1000-78-3- 31, 34 and 36. 7:3S p.m. Applicalic~t{ "of WILLiIAM BURKHARDT, c/o Alfre~ ,1. Skidmore, Esq., 117 Newb~idge Road, Hicksviile. N.Y. 11802 for a Variance to the Zoning Ordinance, Article Ill, Section 100-31 for permis- sion to reestablish two legal building lots, each having insufficient area and width at Wabasso Street, Southold, N.Y.; County Tax Map Parcel ID Nos. 1000-78-3-39 and 41. ~, /~"7:40 p.m. Application of~ · MARGUERrFE R. WASSO~4, by Oary Flanner Olsen, Esq., Main Road, Maitituck, N.Y. for a Variance to the Zoning Ordinance, Article Ill, Section 100-31 for permission to estab- lish each existing house on a legal building parcel, having insufficient area and width. Location of Property: Oreat Peconic Bay Boulevard, Laur- el. N.Y.; County Tax Map J ~ Parcel No. 1000-126-09o0131// 7:45 p.m. Application of THOMAS AND SACQUELINE OCCHIOGROSSO, 77 Vander- bilt Boulevard, Oakdale, N.Y. 11769 for a Variance to the Zoning Ordinance, Article Ill, Section 100-31 for permission to re-locate dwelling with insufficient front, side and rearyard setbacks at 1580 Corey Creek Lane, Southold, N.Y.; Corey Creek Estates Filed Map #4923, Lot 28; County Tax Map Parcel 1D No. 1000-78-4-19. 7:S0 p.m. Application of PATRICIA A. BAILEY, 21SS Skunk [~an~e, BOx 11 Cut- COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southo{d, 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, comme~)/:?ng on the ........... ../....~........~'. .......... day of ~~ ........... 19....~....'~ (~ Sworn to before me this ............................... day of ....... ~..~ ........... , 19.....'~..."~ CLEMENT J. THOI~4PSON NOTARy FU'3[IC. State ~t Legal Notices NOTICE OF ADJOURNMENT PLEASE TAKE NOTICE, that the Southold Town Board of Appeals Regular Meeting and Public Hearings for December 16, 1982 and advertised in the December 9, 19~2 publicatiee of the Suffolk Times, have been ADJOURNED UNTIL WED- NESDAY, DECEMBER 22, 1982 AT THE SAME TIMES AND PLACE. Dated: Deceraber 10, 1952. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kow~lski, Secretary 765-1809 (1802) 1TD16~t129 COUNTY OF SUFFOLK. STATE OF NEW YORK, j · ~.?.o.y..Gust;avson being duly Sw=rn, sw/s that . ~e is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published ~t Greenport, county: and ~t the noti~, of which ~e ~ex~ is a priut~ ~py, ~s ~en published in the ~d Sui~lk Week~ Times once in e~ch w~k, ~or ...... 9~ ................. w~ks suc~sziv~ly commencin~ on the .... ] ~.~ ................. Decembe~ '~ ,~ t~ ....... .... .............. Sw~ to ~tore me this . .l~h,~.. ~ day of ... ~e~.~.ac .... I 19. ~. ~ GERARD P. GOEHRINGER CHAIRMAN CHARLESGRIGONIS, JR SERGE DOYEN. JR ROBERTJ. DOUGLASS JOSEPH H. SAWICKI December 10, 1982 Gary Flanner Olsen, Esq. Main Road, Box 38 Mattituck, NY 11952 Re: Application of Marguerite R. Wasson Dear Gary: We regret to inform you that the December 16, 1982 meeting and public hearings have been adjourned to Wednesday, December 22, 1982 (same times and place) due to an oversight by one of the newspapers in the printing of the notice. If you have any questions, please don't hesitate to call our office at (516) 765-1809. Yours very truly, Enclosures GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski, Secretary APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR SERGE DOYEN, JR ROBERT J, DOUGLASS JOSEPH H. SAWICKI Southolcl Town Board of Appeals MAIN ROAD- STATE RDAD 25 SnUTHOLD, L.I., N.Y. llg?l TELEPHONE (516) 765-1809 NOTICE OF ADJOURNMENT PLEASE TAKE NOTICE, that the Southold Town Board of Appeals Regular Meeting and Public Hearings for December 16, 1982 and advertised in the December 9, 1982 publication of the Suffolk Times, have been ADJOURNED UNTIL WEDNESDAY, DECEMBER 22, 1982 AT THE SAME TIMES AND PLACE. Dated: December 10, 1982. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski, Secretary 765-1809 (1802) Instructions to Suffolk Times: Please publish once, to wit, December 16, 1982 and forward one affi- davit of publication to the Board of Appeals, Main Road, Southold, NY on or before December 16, 1982. HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. Southold, N.Y. 11971 November 11, 1982 TELEPHONE 765-1938 Mr. Gary Flanner Olsen Main Road Mattituck, New York 11952 Re: Marguerite R. Wasson Dear Mr. Olsen: The following resolution was passed by the Southold Town Planning Board, Monday, November 8, 1982. RESOLVED that the Southold Town Planning Board approve a set-off (106-13) as designated on the map of Marquerite R. Wasson, located at Mattituck, dated October 6, 1966 and amended August 24, 1982 subject to the applicant receiving approval from the Zoning Board of Appeals f~r a variance. Please forward four (4) copies of the above map to our office for signature when the above condition has been met. Two copies will be returned to your office for your records. If you have any questions concerning the above, please feel free to contact this office. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary cc: Zoning Board of Appeals~/ Legal Notices Section 100-31 for permission to re-locate dwelling with Section 280-a. Location of insufficient front, side and LEGAL NOTICE -NOTICE IS HEREB~ GIVEN, pursuant to Section ~7 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 Soulheld Town HaB~dlL of Appeals at the Town. , Main Road, SeuthOld, NY on Thursday, December 16 1~82 commencing at 7'30 o clock p.m., as follows: 7:30 p.m. Application of CHARLES M. AND KATHRYN BLASS NELSON, by Rudolph H. Bruer, Esq., Main Road, Southold, NY 11971 for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to establish two legal building lots, each having insufficient area and width at Wahasso Street, Seuthold, NY; County Tax Map Parcel ID Nas. 1000- 78-3-31, 34 and 36. · 7:35 p.m. Application of WILLIAM BURKHARDT, c/o Alfred J. Skidmore, Esq., 117 Newbridge Road, Hicksville, NY 11802 for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission reestablish two legal building lots, each having insufficient area and width at Wabasso Street, Southold, NY; County Tax Map Parcel ID Nas. 1000- 39 and 41. 0 p.m. Application o GUERITE R. WASSON ~ by Gary Flanncr Olsen, Esq. ] Main Road, Mattituck, NY roi [ a Variance to the Zoning~ ) Ordinance, Article III, SecJ ~ tion 100-31 for permission to ~ establish each existing house ]on a legal building parcel, ]ha. v.~i.ng insufficient area and Iwidth. Location of Property: ] .Great Peconic Bay Boulevard, ~. eel No. 1000-12609-013.01. 7:45 p.m. Application THOMAS AND JACQUELINE OCCHIOGROS80, 77 Vander- bflt Boulevard, Oakdale, NY 11769 for a Variance to the Zoning Ordinance, Art/cie IH, rearyard setbacks at 1580 Corey Creek Lane, Southold, NY; Corey Creek Estates Piled Map //4923, Lot 28; County Tax Map Parcel ID No. 1000-78-4-19. 7:50 p.m. Application of PATRICIA A. BAILEY, 2155 Skunk Lane, Box 114, Cutchegue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for ~eermission to reestablish gal building' parcels as existed prior to the 1971 change in area requirements, Lot//2 having insufficient area and Lot//3 having insufficient road frontage along Lnslie's Road. Location of Property in Question: Skunk Lane and Leslie's Read, Cutchogue, NY; County Tax Map Parcel ID Nes. 1000-97-4-11, 12 and 17. 0:00 p.m. Application of ESTHER M. WILLIAMS, Mechanic Street, Southold, NY '(c/o Mr. D. Smith) for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for permission to construct addition to existing residence with . insufficient sideyards. Zone- District: B-I. Location of Property: West side of Mechanic Street, Seuthold, NY; County Tax Map Parcel ID No. 1000-061-04-013. · 8:05 p.m. Application for DONALD BRENNAN by John Searamucci, 1965 Westphalia Road, Mattituck, NY.for a Variance to the Floed Damage Prevention Law, Sections 46- 12 and 46-17(C)[1] for ~o.rrmiasion to utilize basement . utilities below the mm~mum required elevation above mean sea level in this A- 4 Flood Zone. Location of Property: 10090 New Suffolk Avenue, Mattituck, NY; County Tax Map Parcel ID No. 1000-116q)6-002. 8:10 p.m. Application for ~)O~NALD BRENNAN by John ramucci, 1965 Westphalia Read, Mattituck, NY for a Variance for approval of access, New York Town Law, Property: Off the south side of New Suffolk Avenue, Mattituck, NY; County Tax Map Parcel ID No. 10(~-116~- 8:15 p.m. Application of DOUGLAS E. MURPHY, 437 Seventh Street, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permiseloa to consffUct addition to dwelling which exceeds the 20% allowable lot coverage requirement at 437 Seventh Street, Greenport, Ny; County Tax Map Parcel No. 1000-048-01-035; Greenport Driving Park Map No. 543, . .......... weeks part of LOt/caS. 0:20 p.m~ Application for. ~ ................. THEODORE AND MEL METALIOS, by Irving L. Price, Jr., Esq., 828 Front Street, Greenport, NY for a Variance to the Zoning Ordinance, Article iii, Sec- tion 100-30C and I00-32 for permission to construct tennis court and deck to be located in the frontYard area at 16315 Main Road, East Marion, NY; County Tax Map Parcel ID No. 1000-~,01-012.2. 8:30 p.m. Application of CYNTHIA KAMINSKY, 75 Woodctiff Drive, MattituCk, NY for a Variance to the ZOn- ing Ordinance, Article III, Section 100-34 for permission to construct addition (enelesed pool) with reduction in the rearyard (sideyard) setback at 75 Weedcllff Drive, Mattituck, NY; County Tax Map Parcel ID No. 1000-107.07- 028. All persons wishing to be heard on the above applications should appear at the time and place above specified. Dated: December 1,1982. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER By Linda Kowalski, 1TD9-4122 Secretary being duly Sworn, ~of ~he SUFFOLK iGt~enport, in said mexed is a printed Olk Weekly Times TOWN CLIRK OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 July 15, 1982 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 3015 application of Marguerite R. Wasson for a variance. Also included is notification to adjacent property owners; Short Environmental Assessment Form; Notice of Disapproval from the Building Inspector; and survey. ~_~.~j~ Judith T. Terry Southold Town Clerk JTT/bn Enclosures GARY FIAnNeR OISEn COUNSellOr At LAW P. O. BOX 38 · MAIN ROAD · MATTITUCK, LONG ISLAND, NEW YOrK 1195~ - PHONE Augus~ 12, 1982 Re: Marguerite R. Wasson - Variance File #3281 Dear Susan: Enclosed please find an application for a minor sub-division. I have a Zoning Application pendingbefore the Zoning Board and I would appreciate the Board considering this as a "set off", since the houses are already in existence and Mrs. Wasson is under contract to sell the Bray Avenue house after approvals from the Planning and Zoning Boa_._rds have been obtained. The purchaser would like to close title o~/8~pt~-nber 1, 1982, so I would appreciate your scheduling this for Au~st_ 18, .1982 meeting. My attorney's check in the sum of $50.00 is alscFenclosedf. / Very tr/u~q~s,, CAKY ~NNER 0 GFO/em] Enclosure Susan Long Secretary of Southold Town Plaering Board Main Road Southold, NY 11971 CC: Zoning Board of Appeals Main Road Southold, NY 11971 APPEALS 8OARD MEMBERS GERARD P. GOEHRINGER, CRAIRMAN CHARLES GRIGONI$,JR. SERGE DOYEN, JR. ROBERT J. DOUGLA, SS JOSEPH H. SAWlCKI Southolcl Town 8oarcl o£ Appe l MAIN ROAD- ~TATE ROAD 25 E~OUTHOLD, L.I., N.Y. 11~"71 TELEPHONE {51~) 7~5-180g July 21, 1982 Gary Flanner Olsen, Esq. Main Road, Box 38 Mattituck, NY 11952 Re: Appeal No. 3015 - M. R. Wasson Dear Mr. Olsen: Please be advised that the following action was taken by the board at a Special Meeting held last Saturday, July 17th concerning the variance application for Marguerite R. Wasson seeking to set apart two parcels having insufficient area located at Bray Avenue and Peconic Bay Boulevard, Laurel: RESOLVED, that Appeal No. 3015, application for Marguerite R. Wasson, be held in abeyance pending review and receipt of comments from the Southold Town Planning Board concerning this proposed division of property. If you have any questions, please don't hesitate to call our office. Yours very truly, / GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski Secretary cc: Planning Board (~ 11/I',4 R G UE R I TE IV'fA TT/ TUCK Tol,,Vl~l OF $OUTHOLD SUFFOLK COUNT-~/~. Y. '3, .ad6'. I'~ ,¢, 1~ Of; JA M,.....$ 0 A TOWN OF SOUTHOLD, NEW YORK ppEAL FROM DECISION OF BUILDING INSPECTOR DATE .. :.6.,;.~ ~./'.~ .~ ...... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We)..zMa~ue~'.Lte..I?,o...Wa,ss~n ................ of ..... l?e.conic..lt~v..~oule.v~r.¢] ....................... Name of Appella,nt Street and Number ......... ~[YI~"tJ;J'kg'9"k' .................................................................... .N..~.-w--..Y...°.~..k......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 ( ) ( ) (X) Name of Applicant for permit of Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Variance 1. LOCATION OF THE PROPERTY ....BrB,,~.~.E.~q.e; .M..attituck, New York, 11952 Street ..................................... Use District on Zoning Map Map No. Lot No. Agricultural- Residential 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 and Bulk Schedule 3. TYPE OF APPEAL Appeal is made herewith for (~) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~j-~lK(has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated / REASON FOR APPEAL tx) A Variance to Section 280A Subsection 3 ,~,~(-~) A Variance to the Zoning Ordinance ( ') is requested for the reason that applicant seeks to set apar~ from olher property, which she owns, the house parcel located on Bray Avenue as shown on the survey of Van Tuyl, which is made part of this application. Form ZB1 (Continue on other side) REASON FOR APPEAL Continued I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because applicant owns two houses in common ownership, one house is located on Peconic Bay Boulevard, which is the applicant's primary residence and the other house is located on Bray Avenue. Both houses were constructed prior to~oning, and due to the fact that the rear of the Bray Avenue house is contiguous to the side yard of the Peconic Bay Boulevard house, an application to the Zoning Board is required to divide one from the other. 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 both houses were constructed prior to Zoning and due to the fact that there is common ownership, the parcels have technically merged. Both houses are independent of each other, with one fronting on Peconic Bay Boulevard and the other on Bray Avenue. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the houses are already in existence and have been prior to 7oning, applicant seeks to sell the Bray Avenue parcel and there would be no change in the character of the neighborhood by granting the variance, since it is only the rear yards which are only contiguous. STATE OF NEW YORK ) ) COUNTY OFSuffolk ) SS M rgue ........ Signature Sworn to this ...................... .?.~Lla ............... day of .................. ~l~ne ............................. 19 82 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : MARGUERITE R. WASSON - : to the Board of Appeals of the Town of Southold : TO: NOTICE 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) (~l~~(the following relief: permission to divide 2. That ~he property whiCh is the subjec~ of the Petition is located adjacent to your proper~y and is deS- cribed as follows: North by ~attau: East byS~ith and Borak: South by Peennle Ray ~nul~vard; West by Missakian, ~er. Ob~ien~nd Wright ~ 3. That the property which is the subject of such Petition is located in the following zoning district: Agriculatural Residential 4. That by such Petition, the undersigned will request the following relief: oermission to divide the applicani'g ~lray Avenue .n~vc~] from Pac. nnie B~y V~n,,],~,rn,-d parcel. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: Article III, Section 100-31, Bulk Schedule 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 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. Marguerite R. Wasson Dated: .Tnn~ 9,4; 19R2 ]By: Gary Flanner Olsep,A ttorney Petitioner Post Office Address P.O. Box 38 Main ~d Mattituck, New York 11952 PROOF OF MAILING OF NOTICE NAME Mr. & Mrs. James Kattau Mr. and Mrs. Wallace Smith Elysie Borak Mr. and Mrs. Hatchik Missakian ADDRESS Wells Road, Laurel, NY, 11948 120 First Avenue, Massapequa Park, NY, 11752 53-24 20th Street, Bayside, New York, 11364 41-30 46th Street, APT. 6H, Sunnyside, NY, 11104 Mr. and Mrs. Harry J. Miller Elinor O'Brien John Wright 37 Hickory Place, Bayside, New York, 11361 54 Marshall Avenue, Floral Park, New York, 11011 33 Rope Lane. Levittown, New York, 11756 STATE'gr i~lr_,,a, , ..... COUNTY OF SUFFOLK SS.: Eleanor Jones , residing at Mattituck, New York , being duly sworn, deposes and says that on the ~ day of June ,19 82 , 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 Mnttituek. New York ; that said Notices were mailed to each of said persons by (certified) (regist~ Sworn to befor,~/~qe this/ ~4~h , day of .,~l/e /" ~,d~9 82// Notary Public, Sl~e ~ New Yo~ No. 52- 29596~ Q~lifi~ in Suffolk Coun~/ ~erm Explrm March 30, I~ '7 TOWN OF SOUTHOLD SHORT~VZRONMENTAL ASSESSMENT Fl~l~ Order to answer the questions in this short EAF )afar will use currently available information the likely impacts of the action. It is not expe , research or other investigations will be If any question has b~en answere~ Yes the project may be lcant and a completed £nvzronmental Assessment For~ is necessary. If all questions have been answered No it is lrzkely that this significant. al Assessment o large physical change to the project site or physically alter more than 10 acres of land? ........................ Yes ~No 2. Will there be a major change to any unique or unusual land form found on the site? .......... Yes XNe Will project alter or hage c large effect on existing body of water? ....................... Y~$ XNO ~ 4~ Will project have a potentially large ~mpact on groundwater quality? ....................... Yes ~.~o 5. Will project significantly effect drainage flow on ad3acent s~tes? ........................ Yes X Ne 6. Will pro~ect affect any threatened or endangered plant or animal species?........... Yes ~ I~ 7. Will project result in a ma~or adverse effect quality? Yes X No on air ............................... 8. Will pro~ect have a ma~or e~fect on visual character of the community or scenic views or vistas known to be important to the community? 9~ Will project adversely impact any site or · structure of historic, prehistoric or paleontological importance or any site gnated as a critica! environmental area ~e~ N~ by a local agency? ' '- ' · .......... 10, Will project have a ma~or effect on existing or future recreational opportunities? ......... Yes ~ II. Will project result in major traffic problems or cause a ma)or effect to existing transportation systems? Yes 12. Will project regularly cause objec%ionable odors~ noise, glare, vibration, or electrical it f th project's disturbance as a resu o e ¥~IX operation? .................................... l~. Will project have any impact on public hea~%h YesX No or sofety? .................................... 14~ Will pro~ect offect the existing community by directly causing a growth i~ permanent population of mare %hah 5 percent ove~ a one year period or h~a ma~or negative effect on the chara~'~q~ of ~he community or neighborhood? ~ ..... / ............... ~ ...... ,--- 15. Is there pubic con~ersy concerning the ........... ,...: ..... TOWN OF SOUTHOLD SHORT"E'NVIRONMENTAL ASSESSMENT F~ S: order to answer the questions in this short EAF it is assumed the preparer will use currently available information concerning the pro~ect and the likely impacts of the action. It is not expected that additiona! studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be ~icant and a completed Environmental Assessment Form is necessary. (¢) If all questions have been answered No it is likely that this ect is not significant. ~ (d) Env-~ronmental Assessment I. Will project result in a large physical change to the project site or physically alter more than l0 acres of land? ........................ Yes ~No :~ 2. Will there be a major change to any unique or unusual land form found on the site? .......... Yes XNo 3. Will project alter or ha~e a large effect on existing body of water? ....................... Yes XNo 4. Will project have a potentially large impact on groundwater quality? ....................... Yes X No 5. Will project significantly effect drainage flow on adjacent sites? ........................ Yes X No 6. Will project affect any threatened or endangered plant or animal species? ........... Yes. X No '~ 7. Will project result in a major adverse effect Yes X No on air quality? ............................... :~.: 8. Will project have a major effect on visual character of the community or scenic views or vistas known to be important to the community? Yes ~ No ~. Will project adversely impact any site or structure of historic, prehistoric or paleontological importance or any site ....~ . designated as o critical environmental area · by a local agency? ............. ~ .............. Yes X No 10. Wil! project have a major effect on existing or future recreational opportunities? ......... Yes ~ No ll. Wlll pro3ect result in ma~or traffic problems or cause a ma~or effect to existing transpor%atlon systems? ....................... YesX No 12. Will project regularly cause objectionable odors~ noise, glore~ vibration, or electrical disturbance as a result of the project's operation? .................................... .Yes ~ No 13. Will project have any impact on public health Yes ~ No o~ safety? ..... directly causing a growth iD permanent population of more than 5 percent over o one year period or have o major negative effect on the character of the community or neighborhood? ................................. Yes ~ No 15. Is there public controversy concerning the project? ...................................... , Yes X No PREPARER'S SIGNATURE REPRESENTING DATE Box 812 Mattituck, NY 11952 Southold Town Zoning Board of Appeals Main Rd. Southold, NY 11971 Gentlemen: Please be advised that the following parcel, house, farm, is/was listed by the office that I am connected with, however, I did not have anything to do with the sale. I therefore, do not have any interest in the application. gPg Vary truly yours, L NE ~ERVANCY 00.4 ~,(c) N2