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HomeMy WebLinkAbout2928 TOWN OF SOUTHOLI~ NE%V YOEK A~ION OF ~ ~G D~ OF ~ OF T~ TO~ OF To Rudolph H. Bruer, Esq. Mr. Peter S. Terranova Main Road Box 77 Southold, NY 11971 Peconic, NY 11958 at a mee~ng of ~e Zo~ ~d of Appeals ~ December 17, 1981 ' ~s ~ and ~e action ~ted~be~w was ~ on your () ~quest fo~ valance due ~ lack of acce~ to pro~ ( ) R~u~t f~ a ~al exception under the ~g Ord~ce (X) R~u~t for a v~i~ ~ the Zon~ O~n~uee ~r~. Iii, Sections ( ) DAT~ .....Lf ........... / 82 1981 Appellant ~e appeal 100-31 and 100-34 ;granted ( ) be denied pursuant ~ Affdc~ .................. Section .................... Subs~fion .................... paragra~ .................... of the ~ning ~din~ce and the ~cJsi~ of the Building Iuspector ( ) be revers~ ( ) be ~cF~aw~.~ Upon application of Peter S. Terranova, Box 77, Peconic, NY for a variance to the zoning ordinance, Article III, Sections 100-31 and 100-34 for permission to construct deck addition to dwelling with reduc- tion of frontyard area and beyond property line. Location of Property: 1170 Huntington Boulevard (a/k/a 565 Sound Avenue), Peconic, NY; bounded north by Murdock; west by Sound View Avenue; south by Huntington Boule- vard; east by Hoffman. County Tax Map Parcel No. 1000-67-2-1. (SEE NEXT PAGE) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (wouli not) produce hardship because practical difficulties (SEE NEXT PAGE) ;(b) The hardship created (is) (is not) unique and (would) (would not) be stmred by all properties alike in the immediate vicinity of thi~ property aud in the same use distric~ because (SEE NEXT PAGE) :~ (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (SEE NEXT PAGE) (would not) and therefore, it-was ~u~D,a, d=;=~,,~h~d ~ha~ me ~q~ ~ SOUl,SC'kD TOWN C~ .~sted variance ( ) be granted ( ) be denied and confirmed ( ) be reversed. ~hairman )NING BOARD OF APPEALS Page 2 Appeal No. 2928 - Peter S. Terranova Decision Rendered ~--ecember 17, 1981 By this appeal, applicant seeks approval of the construction of decks/walkways along the ~sterly, northerly and southerly yard areas attached to the existing one-family, one-story dwell- ing. The deck/walkway along tbs northerly and westerly yard areas would be constructed at or over the property lines, and approximately 48 feet from the southerly property line. The subject premises is a corner lot as defined by Section. 100-13 of the zoning code and contains a total area of approxi- mately 4,600 square feet of which approximately 917 square feet are occupied bythe dwelling and approximately 407 square feet for proposed deck area. Themaximum-permitted lot c~verage for residential parcels is 20% of the total lot, or in this case 920 square feet. It is the feeling of the board that the location of this project as applied for is substantial in relation to the code requirements and that this location is nog approPriate or feasible in light of the closeness of the dwelling to this intersection and %he board is concerned with safety for all. Applicant in his appeal has set forth the reasons for locating the decks/walkways as applied for rather than in the rearyard or the easterly yard area. Members of the board have visited the site and are familiar with the structures located thereon, including the deck applied for herein which is constructed, as well as the terrain, ~mme- diately adjacent properties and their structures, and private road accessibilities. In considering this appeal, the board finds and determines that a detriment to adjoining properties will be created if the variance is granted as applied for, that a substantial change in the character of the neighborhood will be produced, that the relief as requested will not be in harmony with and promote the general purposes of the zoning code; however the board finds t~at applicant is able to utilize decks/walkways at the rear of the house and considers a 407 square-foot area, which applicant states is needed, to be practical if located at the rear of existing dwelling. On motion by Mr. Grigonis, seconded by Mr. Doyen, it was No. RESOLVED.. that the application of Peter S. Terranova, Appeal 2928, be GRANTED SUBJECT TO THE FOLLOWING CONDITIONS: 1. That a 407-square-foot rear deck is permitted~only in the rearyard (southerly) area -- not to encroach past ~he west side of the existing house; 2. That the deck addition never be enclosed or used for habitable (living) area; 3. Suffolk County Planning Commission referral pursuant to Sections 1323, et seq. of the Suffolk County Charter. Location of Property: 1170 Huntington Boulevard (a/k/a 565 Sound Avenue), Peconic, NY; County Tax Map Parcel No. 1000-67-2-1. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass, Goehringer and Sawicki. LEGAL NOTICE 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, NY on Thursday, December 17, 1981 commencing at 7:15 o'clock p.m. as follows: 7:15 p.m. Application of Frank E. Brophy, 75 Second Street, New Suffolk, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to construct deck addition to dwelling with an insufficient front and side yard setback at 75 Second Street, New Suffolk, NY; bounded north by Grathwohl & ano.; west by Martin; south by Wetzel, Grathwohl and ano.; east by Second Street. County Tax Map Parcel No. 1000-117-10-20.7. 7:25 p.m. Application of James P. Latham, Plum Island Lane, Orient, NY for a Variance to the Flood Damage Prevention Law, Chapter 46, Section 46-19 for permission to construct cellar slab approximately eight feet above mean sea level in this V-5 Coastal Flood Zone and without structural support and anchorage by pilings or columns. Location of Property: Private Road (Peter's Neck Pt.), Orient, NY; bounded north by G. Latham and Gids Bay; west by Strachan, Private Road, and Bliss; east and south by Orient Harbor. County Tax Map Parcel No. 1000-32-1-12. 7:35 p.m. Application of Janet A. Davis, Carrington Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-30A, B for permission to operate an antique shop in an A-Agricultural & Residential COrner of Main Road and Pequash north by Scharadin; west by S.R. District. Location of Property: Avenue, Cutchogue, NY; bounded 25; south by Pequash Avenue; east by Carroza. County T~x Map Parcel No. 1000-102-3-7. // 7:50 p.m. NY for a Variance 100-31 and 100-34 Application of Peter S. Terranova, Box 77, Peconic, to the Zoning Ordinance, Article III, Sections for permission to construct deck addition to dwelling with reduction of frontyard area and beyond property line. L~ation of Property: 1170 Huntington Bird (a/k/a 565 Sound Ave.), Peconic, NY; bounded north by Murdock; west by Sound View Ave.; _~j .Page 2 - Legal Not~ - ~ °~· Board of Ap~als R~iar Meeting of December 1',~ 1981 south by Hunting~on Blvd~; ~ast by Hoffman~ County Tax Map Parcel No. 1000-67-2-1. 7:55 p.m. Application of David. St~ong~ by Richard J. Cron, Esq.,-Main Road, Cutchogue, NY for a Variance to the Zoning Ordi- nance, Article XtV, Section 100-141(D) for permlss~o to construct additions to existing building pursuant to Appeal No~ 825. Location of Property: 2400 Camp Mineola Road~ Mattituck, NY; bounded north by Strong; west by Wilsberg, south by Kreh & eno.; east by Kreh & eno. No. 1000-122-9-6.1· Strong and James Creek; County Tax Map Parcel 8:05 p.m. Application of Jay P. & M. Joanne Davis-Slotkin. Box 950, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-30 for permission to establish professional medical offices on premises zoned "A" Residential and Agricultural at 50 Ackerly Pond Road (a/k/a 49725 ~ain Road), Southold, NY; bounded north by Johnson; west by Baker and ano.; south by Ackerly Pond Lane; east by Main Road. County Tax Map Parcel No. 1000-70-5-4. 8:20 p.m. Application of Martin Nelsen, Great Peconic Bay Boulevard, Laurel, NY, for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition with reduction in frontyard area at 2835 Great Peconic Bay Boule- vard, Laurel, NY; bounded north by Williams; west by Wendy Drive; south by Gt. Peconic ~Bay Blvd.; east by Blvd. and Kennedy. County Tax Map Parcel No. 1000-128-5-4. 8:25 p.m. Application of William J. Clark, Esq. for Joseph Yaboni and Myron Hauptman, Middle Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-30(A) and 100-32B for approval of insufficient side yard areas of exist- ing buildings due to location of new lot lines. Location of Property: Oregon Road and Elijah's Lane, Mattituck, NY; bounded north by North Road and Reliable Associates; west by Elijah's Lane; south by Tuthill; east by Yaboni &ano. County Tax Map Parcel No. 1000- 100-4-6. Legal Notice Board of Appeals RegUlar Meeting of December 17, 1981 8:40 p.m. Application of WiltiamA. Krietsek, 9030 Sound- view Avenue, Southold, NY for a Variance to the Zoning Ordinance Article III, Section 100-31, Bulk Schedule for approval of the construction of attached deck and pool withreduced rear~rard set- back at 9030 Soundview Avenue~ Southold, NY; bound~d north and east by Gratta~4 south by Mudd; west by Kreitsek. County Tax Map Parcel No. 1000-59-7-27.2. 8:45 p.m. Application of Richard A. Miller, 2895 Aldrich Lane, Laurel, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct wind generator exceeding the maximum height requirements 'at 2895 Aldrich Lane, Laurel, NY; bounded north and west by Town of Southold; east by Aldrich Lane; south by Boschetti. County Tax Map Parcel No. 1000-125~2-t.5. Dated: December 5, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS Ins'tructions to newspapers: Please publish Thursday, December 10, 1981 and forward 10 affidavits of publication to Board of Appeals, Town Hall, Southold, NY 11971, on or before December 16, 1981. FORM NO. 3 TOWN OF SOUTItOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL ,,. 7..7. ............ .i..~. ~%,..~. .... z/. ~..~..-F PLEASE TAKE NOTICE that your application dated . ~O~L~..~.., 19 ~. for pe~it to construct..~C~,, ~d~.~.. ~/~ .' .......... ~t Location of Prope~y .~..Z( ~ ~q~{~.4~. ~(~: ...... ~G. ~... House,, No, Street Hamlet County T~ Map No. 1000 Section . .~.~ ...... Block .~ ......... ~t ~.~ ........ s.~v~o~ ~.~ ~ ~ ~o... ~c~ ........ ~o, ~o. ~..~ ~ ....... isl ret~ned ~erewith and disapproved on the follow~g gro~ds~.~. ~.~..-~Z[~% I ~ . ~ ~ ~7.... ~,~,, TOWN Of: $OUTHOt. D BUiLDiNG DEPARTMENT TC WN HALL SOU]HOLD. FLY. 11971 TEL..: 765-1802 Examined .. f 19. ,Approved. ............... , 19 . .. Permit No ............ Disapproved a/c ....... ~ ............................. Application (bnz,omo !nspoctor) APPLICATION FOR BUll. DING PERMIT iNSTRUCTIONS a. This application must be com,nleteb, filler1 i'a by typewriter or in ink and submitted in triplicate to tb~ I inspector, with ~ sets of plans, accurate plot pl2n to scale. Foe according to schedule. . P]o~ plan showing location o, lot and of buildings on premises rc ahonshtp Lo adjoining premises or ar areas(and giving a detailed descripaon of layout of properD' fflust be drawn o~: tire diagram whiclx is '~ c.. ~!~e work covered by this application may nol bo commenced beibre issuance of Building Peru d. Upon appro','al of rids npplication, tho Building lnsa¢ctor will issue a ~uiiding Penn2 to the applicant. st:~il be kept on tht premises available for inspection throudtout the work. e. No buJkling shall be occupied or nsod m w}lolg o¢ nl part for any purpose whatcvgr until a~ shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE io the Baiidi,~g Department for the issuance of a Bui!dix: Building Zone Ordi~;ance of the Town %f Soud~old, Suffolk County, New York. and other appt Jkggu}at,ons, for tl~e constructio ~ 9f buildings, aodibons or ateratmns, or ior removal or dc, mohtmn Ti? 3ppiicant agrees to comply wit!~ alt applicable laws, ordinances, bailding co40, housing code adtni{ .authorized insoectms on premises vqd in bu{idi ~-s for nece 'sa,v ' ~ ,~ $; , (Signature of applicant, or namg ,<tare,whether alyptica2~t is ownei iessee, age;~t, arch. itect cns~i::cer, generic! con~racto~, e!ec!dcian f~s on tho tax roll or latest deed) ~, ¢ppl cant ~s a co~oraaon, s~gnature of duly antl~orize4 officer. (Name and title of coc~)orate officer) raider s Lmense No ......................... ~berts Licens,.; No. ............... s Lice~lse No ............. : ........ Location of 1.and on which proposed work will be done ............................ ...... . .................. Street I-iamle~. .- · . Block ...... ~ ......... ~. ..................... Filed Map No: ............ · '"~ ~' ' ' ~ (Namej s~ and occu.panc¥ of prcmise.~ and intended use and,occupancy of (Description) ~3 , (to be vale on ~iimg dus application) !~ dwe[i~ng; number o~ dwelling units: ~ .~. ....... Number ofdwelling unRs on each fl'oar ..... , ......... tf ga?agO, number Of ~am ...................... ~ ....................... } . .................. " i~ bus n~; commercial Or mixed occupancy specify ~tt re and ~xtent of each t~ ue Of use D~ ~le~s OhS of ernst ng structures f any' Front Rear Denth ." Hmght ~ .... .. ......... Number o~ Stones ................................. .... D~ens[bns of Same structure w t ~ alterat ons or add tions rmnt Dept ~ ....' .......... .... ~... He g it ...................... Number of Stories ....... ........... Dimensions of entire new construction:' Front ............... Rear ............... Depth ............... Height ............... Number of Stories ................ Size oflb~ ~Front ,, ' Rear Depth ' J:- Zone or:use district in which premises are situated ........................ : . : ' . Does proposed construction v~olate any zoning !aw, ordinance or reaulation: ....................... ......... Wit! lot be regraded .:.~; ...... ' ............. ; .... Will execs{ fill be removed from premises: Yes , . No None ¢f Architect .. Address . . ~Eg~¢/~;~,(¢g~hone No ............... PLOT DIAGRAM e cIearty and distinctly all at ildings, ' *' existin~ or , wp.e~ner proposed, 'a id, iud cute ail set-back d~ensions from and block number or descr~?tion accord~n ~ to deed. and show street nar, es and indicate wh~ther r or co~'ner lot. NEW YORK, ..... ; ..................... beh~g duly sworn; deposes aha says,thor he i~ ftie applieafit gning contract~ (Contractor agent, corporate officer, crc,) authorized to perform or have performed the said work and to make and file this in this application are tree t,o the best of his knowledge and belief; and that the e manner set forth hi tl;e application filed v~e~ewitb. . Co[lnty (a~gn ature of avpLcant). ~ TOWN OF'$OUTHOLD, NEW YOR~~ APPEAL FROM DECISION OF BUILDING INSPECTOR To'THE ZiDNING-BO~,RD'oI~'AP?E;~LS; ToWN OF SOUThOLD, N: Y. Peter S. Te~'r~tnova - P.O. Boxy77 ,~ it, (We) ~. ....... ,:.k:;..;; ...... :..;~.;: ............. :-.~ ......... or ......................................................................... - Nam of App~lJ~t - . ~reet and Nu~er:- Municipality ;~ State · THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..........~..o..¥..e.~.e,..~...,.6.t..,,~.8_.]: ...... WHEREBY THE BUILDING INSPECTOR DENIED TO i( ) l( ) (X) Peter S. Terranova (A/C William & Gina Marie Maxwell) Name of Applicant for permit of P.O. BOX 77, Peconic, I~ew York Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO C02~STRUCT 1. ' LoCXT'ION-OF TH E PROPERTY-...5....6..5.....B.._o~...~.~...~?.,e.:.:...?..?..?.?~..i..~. .............. ~.-T~...~.:. .............. Street Use District on Zoning Mop . '~654 i ' -': p)o i2 ,. Mop No. Lot No. 2. PRO~'ISION (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 TTT, Sections 100-31 & 100-34 3. TYPE OF APPEAL Appeal is made herewith {or (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A ~/~,RIANCE due to lack of ~access (State .of New York Town Low Chap. 62 Cons. Laws Art~ f~'~'c~ 280A' Subsection' 3 4. PREVIOUS APPEAL A'~prevrOus appeal- (~ (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 cna was made in Appeal No ................................. Dated ..................................................................... REASON FOP* APPEAL ( ) A Variance to Section 280A Subsection 3 (~) A Variance to the Zoning Ordinance ( ) is requested for the reason that t~h~ Owners of the property would construct a pro?osed deck addition to their residence, (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- san HARDSHIP becau~ the owners would be unable to have a deck due to the fact that the premises was built prior to zoning in the Town of Southold and was constructed close to the property line. As a practi."al matter, the present owners of the property, as well as all previous owners since the premises was built, use as their front yard portions.'of property which are shown as Huntington Boulevard and Sound View Avenue. 2. The hardship created is UNIQUE and is not shared by ali properties alike 'n the immediate vicinity of this property and in this use district because the subject property ' zs undersized (50'X ,92'), whereas the majority of the properties in the immediate vicinity o~" this property are 50' X 150' or more. Also, because the first floor of the premises sits at an elevation that would be most suitable to having a deck around the front., side and rear of the house. This is due to the way the house was-constructed and due to the elevation of the land on which it was constructed. 3. The Variance woulc observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT becau~ the proposed deck would in fact enhance the district in that it will make the premises more attractive. No additional dwelling is being constructed, simply a deck being added. Also, because the majority of houses on the street come up to or close to the property lines, which is consistent with th~s application. STATE OF NEW YORK ) ) ss CObNTY OF SUFFOLK ) Sworn to this 18th day o~ ...... ..RT.R~.e..~..r. ........... ~ Signature __ ~udolph H. Bruer~ Attorney for Applicant ................ 19 81 Commission Expires ,March 80~ l~_ ~.~ APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, .IR. ROBERT J. DOUGLASS JOSEPH R. SAWlCKI Southold Town Board of Appeals MAIN ROAD-STATE RDAD 25 SI3UTHDLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 April 27, 1982 Mr. Peter S. Terranova P.O. Box 77 Peconic, NY 11958 Re: Your Correspondence Dated April Dear Mr. Terranova: 24, 1982 Please be advised that the board members reviewed your recent letter in which you indicate you wish to extend the rear deck (5' by 32'). It is the opinion of the board members that your project as proposed will require processing again through the building department in order to determine whether or not you will need a variance. In the event the building inspector determines you will require a variance application, we would be most happy to entertain same. Please call if we may be of assistance to you. Yours very truly, GERARD p. GOEHRINGER CHAIRMAN By Linda Kowalski Secretary ~outhold Town Board Of Appeals Main Road - State Road 25 Southold, L.I., N.Y. 11971 Re: Peter S. Terranova P.O. Box 77 Peconic, N.Y. 11958 Appeal No. 2928 Application Of Peter S. Terranova April 24, 1982 Dear Chairman and Members Of The Board: With sincere sadness, I respectfully acknowlege your letter dated March 31, 1982. Pursuant to the Board's decision, the deck construction (5'X44') on the West side of the house, and the deck construction (5'X25') at the front of the house (as shown by the attached diagram) will be removed. Need- less to say at a substantial monetary loss. However, with the Board's approval, in order to make the rear deck (16'X 20-1/2') more functional, and also to use some of the decking material being removed, I would sincerely appreciate and would consider it understanding on the part of the Board if permission be Granted to extend the rear deck (5' X 32') as shown by the attached diagram. It is important to note that in essence this area encompassed the stairs and platform lead- ing to the rear deck. The attached diagram shows that the stairs and plat- form have been relocated near the end of the concrete patio. Please give this request your sincere and human consideration. We are trying to enjoy this home. That is why we are trying so hard to make these improvements - not only for ourselves, but for our neighbors and friends. If we have a deck gathering during the summer we really need the area - so why throw away the lumber. Please. P.S. The original plan and permit Yours Sincerely, application is also attached. .3,1 t__ _ II ,j i Southold Town Board of Appeals MAIN RrlAD- STATE RDAD 25 SDUTHDLD, 1.1., N.Y. llCJ?l TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH R. SAWlCKI March 31, 1982 Mr. Peter S. Terranova Box 77 Peconic, NY 11958 Re: Your Third Request for a Rehearing Correspondence dated March 2, 1982 with Petition(s) Appeal No. 2928 Dear Mr. Terranova: This letter is to confirm that the board reviewed your recent letter with enclosed petition(s) requesting again that the board review and reconsider your appeal. It was the unanimous agreement of the board members not to rehear same, nor change, modify or alter the decision as filed with the Town Clerk on January 22, 1982, which conditionally approved the deck. Yours very truly, GERARD P. GOEHRINGER C~ RMAN Secretary PETER S. TERRA'NOVA, CPA P.O. BOX 77 PECONIC, N.Y. 11958 (516) 765-3684 Board Of Appeals Town Of Southold Main Road - State Rd. 25 Southold, L.I.N.Y. 11971 Dear Sirs: March 2, 1982 Re: Appeal No. 2928 Application Of Peter S. Terranov~ Attached herewith please find petition signed by twelve of adjacent and near-by property owners, with four more signatures to be forth- coming. This petition has been obtained and developed at a great and extensive effort, and, its main purpose is not to compel the impartial Board but to inform the Board that all of these good and law-abiding citizens have inspected what is in process of being done (which is prac- tically completed), and that what is being done, taking all physical aspects into consideration, is not impractical, encroaching, hazardous and/or injurious to health and safety. Not only can provision be made that the deck and walk-ways be never enclosed but in addition provision that the walk-ways be removed upon any future request if circumstances warrant their removal.can be included in the approval of variance to this sub-sub standard property. The plea is not only mine, it is that of the community of Peconic Sound Shores. 'TO: ~he Board Of Appeals Town Of Southold Southold, N. Y. 11971 PETITION March 2, 1982 Dear Sirs: WE, the undersigned, owners of homes at Peconic Sound Shores, and members of the Peconic Sound Shores Association, by our signature, express our approval and are in favor of the deck and walk-ways being erected at the premises of 565 Sound Avenue. We do not find said im- provements to be hazardous, harmful nor injurious to anyone. We feel that the improvements will not only enhance the property, itself, but will enhance the value of the properties of the community as well. WE, therefore, beseech you to grant the necessary variance and approval to allow the construction of deck and walk-ways to be com- pleted. Sincerely, George Hofmann Adjacent Owner Adjacent Owner ~ohn W. Oxee 465 Sound Avenue A%lce ~o~den 415 Sound Avenue J~mes ~¥nam 380 Sound Avenue Beatrice D. Lynam 380 Sound Avenue P~9~ ~ohm 330 Sound Avenue Helen Dohm 330 Sound Avenue William Eckartz 315 Sound Avenue Linda Eckartz 315 Sound Avenue Robert Currie 600 Soun~ Avenue Haskel M. Haddad M.D. Huntington Blvd. Marion Murdock 515 Sound Avenue Mrs. L. Malone 550 Sound Avenue * Upon receipt of petition with signature, it shall be forwarded to The Board Of Appeals. TO: The Board Of Appeals Town Of Southold Southold, N. Y. 11971 Dear Sirs: WE, PETITION Board of Town ot Sourly. old March 2, 1982 the undersigned, o~Jners of homes at Peconic Sound Shores, and members of the Peconic Sound Shores Association, by our signature, express our approval and are in favor of the deck and walk-ways being erected at the premises of 565 Sound Avenue. We do not find said im- provements to be hazardous, harmful nor injurious to anyone. We feel that the improvements will not only enhance the property, itself, but will enhance WE, and approval pleted. the value of the properties of the community as well. therefore, beseech you to grant the necessary variance to allow the construction of deck and walk-ways to be com- Sincerely, George Hofmann Adjacent Owner Marilyn Hofmann Adjacent Owner John W. Oxee 465 Sound Ayenue ~en E. Kirkwood Alice Holden James ~ynam Beatrice D. Peter pQhm Helen Dohm william Eckartz Linda Eckartz Robert Currie 500 Sound Avenue 415 Sound Avenue 380 Sound Avenue Lynam 380 Sound Avenue 330 Sound Avenue 330 Sound Avenue 315 Sound Avenue 315 Sound Avenue TO: The Board Of Appeals Town Of Southold Southold, N. Y. 11971 Dear Sirs: WE, PET I T I ON.D . Board of ppea arch To n ot Sout old 2, 1982 the undersigned, owners of homes at Peconic Sound Shores, and members of the Peconic Sound Shores Association, by our signature, express our approval and are in favor of the deck and walk-ways being erected at the premises of 565 Sound Avenue. We do not find said im- provements to be hazardous, harmful nor injurious to anyone. We feel that the improvements will not only enhance the property, itself, but will enhance WE, and approval pleted. the value of the properties of the community as well. therefore, beseech you to grant the necessary variance to allow the construction of deck and walk-ways to be com- Sincerely, George Hofmann Adjacent Owner Marilyn Hofmann Adjacent Owner John W. Oxee 465 Sound Avenue Helen E. Kirkwood 500 Sound Avenue Alice Holden 415 Sound Avenue Sound Aver de Beatrice D. pC%er DQhm Helen Dohm william Eckartz Lvnam 380 Sound Avenue 330 Sound Avenue 330 Sound Avenue 315 Sound Avenue Linda Eckartz 315 Sound Avenue Marion Murdock 515 Sound Avenue PETITION TO: The Board Of Appeals Town Of Southold Southold, N. Y. 11971 March 2, 1982 Dear Sirs: WE, the undersigned, owners of homes at Peconic Sound Shores, and members of the Peconic Sound Shores Association, by our signatu~e, express our approval and are in favor of the deck and walk-ways being erected at the premises of 565 Sound Avenue. We do not find said im- provements to be hazardous, harmful nor injurious to anyone. We feel that the improvements will not only enhance the property, itself, but will enhance the value of the properties of the community as well. WE, therefore, beseech you to grant the necessary variance approval to allow the construction of deck and walk-ways to be com- and pleted. Sincerely, George Hofmann Marilyn Ho fmann AdJacent Owner Ad] acent Owner John W, Oxee 465 Sound Avenue Evelyn A. Oxee 465 Sound Avenue Helen E. Mirkwood 500 Sound Avenue Alice Holden 415 Sound Avenue James Lvnam 380 Sound Avenue Beatrice D. Lynam 380 Sound Avenue pg~gr Dohm 330 Sound Avenue Helen Dohm 330 Sound Avenue william Eckartz 315 Sound Avenue Linda Eckartz 315 Sound Avenue 440 Sound Avenue 440 Sound Avenue APPEALS BOARD MEMBERS GERARD P, GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN RI-lAD- BTATIE ROAD 25 5r'IUTHr'ILD, L.I., N.Y. ~l'lC:J'7'l TELEPHONE (516) 765-1809 March 4, 1982 Mr. Peter S. Terranova Box 77 Peconic, NY 11958 Re: Your Letter Dated February 8, 1982 Appeal No. 2928 Dear Mr. Terranova: Please be advised that the board reviewed your recent letter dated February 8, 1982 requesting another review and consideration on your appeal, and it was the unanimous agreement of the board members not to rehear same, nor change, modify or alter the deci- sion as filed with the Town Clerk on January 22, 1982. Yours very truly, GERARD P. GOEHRINGER lfk Chairman "~oning Board Of Appe~ Of Town Of Southold Main Road, S.R. 25 Southold, No Y. 11971 Re: Appeal No. 2928 Application Of Peter S. Terranova Peter S. Terranova P.O. Box 77 Peconic, N.Y. 11958 February 8, 1982 Sirs: I'm ~ ~¢~x~ f, ~,~,~, I deeply regret and/sorely disappointed to learn that the Board did not grant a re-hearing of my variance application following my letter dated January 18, 1982. In the meantime further legal and investigative efforts have been made and costs incurred. This has been done because there is sin- cere belief and justification for seeking the variance. Investigative efforts disclose that, originally, subject plot, since year 1935 measured an area of 50' X 150' or 7500 sq.ft. However, and due the then Board's approval, following the original owner's demise, George Quig]sy in 1965, the South portion of the plot 50' X 58' or 2900 sq.ft. was allowed to be adjoined to the plot on Huntington Blvd., owned by the Hofmann's, giving them a plot size of 50' X 175' or 8750 sq. ft. Marilyn Hofmann and George Quigley Jr. were children of the original owner. This was brought about with the Board's approval after the ef- fective date of April 9, 1957 when zoning regulations became effective. Thus, the problem of variance and trying to make effective and practical use of this undersized plot of only 4600 sq. ft. can be attri- buted to the action of a past Board, which allowed 2900 sq. ft. to be sliced off the South side of the plot. The Board is also respectfully directed to the legal reference Second Edition book of Robert M. Anderson, titled New York Zoning Law and Practice. Therein the author refers to the Case of Fulling V Palumbo by the Court Of Appeals, stating as follows: "The basic rule which has evolved from the cases is: where the property owner will suffer significant economic injury by the application of an area standard ordinance, that standard can be .iustified only by a showinq that the public healthf safety and welfare will be served by up- holding the application of the standard and denying the variance". An inspection of the project clearly reveals that there is ab- solutely no threat to public health, safety and welfare. I would not have proceeded with the project unless I first obtained approval by all the ad- jacent owners and other owners and members of the Peconic Sound Shores Asso- ciation. They are all for it and would like the project completed. Not only have legal costs of about $600.00 been incurred to date but to dismantle what has been done, reconstruct, loss of materials, etc. would result in a loss of over $3,000.00. The constructed walk-way in front (East Side), measuring 5'X 25', an extension of the front entrance porch does not extend over the property line, and is in line with the enclosed porch of the Oxee house. This walk- way will never be enclosed, adds beauty to the house and furnishes a direct view of the Sound. In addition, it will provide practical access to the North Side of the house. This walk-way will be 23ft. from the Stone Wall on Sound Avenue. Again, in line with t~,~9~osed porch of the Oxee's house. 1~ Page 2. On the West Side, Huntington Blvd. the wa I-way can be reduced to a width of 3-1/2 ft. in place of the present 5 ft. width, and so be on the property line. This walk-way would then be 8-1/2 ft. away from the stone wall. It should be viewed from an actual and practical matter that the stone wall, which has been in existence since 1935 has always been con- sidered as the property line. This stone wall serves as a border to the road, protects the house from being undermined and serves as a safety feature. Thus, the walk-ways which are well beyond this stone wall do not in anyway pose a threat to the public. The Board must realize that the area in general is private, the roads are private - maintained and supervised by the Peconic Sound Shores Association. This is not a public road in the sense that there is a continuation of traffic. Off season there is hardly a person or a vehicle that uses that part of Sound Avenue Joining with Huntington Blvd. In the seasonal months there is relative little traffic. Competent legal counsel informs me that the petition has merits and recommends that, if necessary, to seek higher court adjudication. This will be expensive for both the Town and for me and lucrative for the attorneys. I pray that this can be avoided. Accordingly, I plead for another review and consideration on my behalf by the good members of the Board. Respectfully Submitted, APPEALS BOARD MEMBERS CHARLES GRIGONI$, JR. SERGE DOYEN, JR, ROBERT J. DOUGLASS GERARD P. GOEHRINGER r ~haJ._¥'[tlaI1 JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE: ROAD 25 c~OUTHOLD, L,I., N.Y. 119'71 TELEPHONE (516) 765-1809 February 5, 1982 Mr. Peter S. Terranova Box 77 Peconic, NY 11958 Re: Your Letter Dated January 18, 1982 Appeal No. 2928 Dear Mr. Terranova: Please be advised that the board reviewed your recent letter requesting a reconsideration of our decision rendered December 17, 1981 concerning this appeal, and it was the unanimous vote of the board not to rehear same, nor change, modify or alter the decision as filed with the Town Clerk on January 22, 1982. Yours very truly, CHAIRMAN GPG:lk Zoning Board Of Appeals Of Town Of Southold Main Road - S.R. 25 Southold, N.Y. 11971 Re: Appeal Application Of Peter S. Terranova Peter S. Terranova P.O. Box 77 Peconic, N.Y. 11958 Jan. 18, 1982 Dear Sirs: I have recently received from my legal representative, Rudolph H. Bruer, a copy of Chairman Charles Grigonis,Jr.'s letter dated January 4, 1982. Needless to say, I was most disappointed. Yet, I honestly feel that at the meeting of December 17, 1981 all of the pertinent reasons for granting the appeal were not fully and adequately presented to the Board. Thus, kindly allow me to present in my humble language, the im- portant reasons why the appeal should be granted and the proposed "walk-ways" erected. 1. The property which measures 50ft. by 92ft. or 4600 sq. ft. (10.56% of One Acre) falls under the category of "Non-Conforming" property, and, therefore, the guide lines of the Code applicable to "Conforming" pro- perty should not govern the property herewith. If the property was (Conform- ing) as to demenstons, I probably would have no problem with the Building Department. 2. The property is bounded on the East side (Sound Ave,) and con- tinuing around the West side (Huntington Blvd.) by a 2-1/2 ft. high Stone Wall. This Stone Wall and the lawns behind it have been in existence and maintained for over 45 years. The property line is about 23 ft. from this wall on the East side and about 8-1/2 ft. on the West side. 3. If the proposed 5 ft. wide "walk-ways" are permitted to be erect- ed they would be 23 ft. from the Stone Wall on the East side and about 7 ft. from the wall on the West side. For this physical reason the proposed walk- ways would absolutely present no obstruction or threat to the "private" dirt roadway. 4. That the walk-way on the West side would extend 1-1/2 ft. beyond the property line is true. However, if the Board has strong objections to this , then the width of this West side walk-way can be reduced to 3-1/2 ft or up to the property line, and thus be 8-1/2 ft. from the Stone Wall. All that is being requested is a "Walk-Way" not a functional Deck. 5. Not to have permission to erect the "Walk-Ways" which would pro- vide access to views of the Long Island Sound would totally defeat the true purpose for which the premises were purchased and would definitely prove economic hardship and professional discouragement to the occupants. My daughter Gina Marie and her husband, Bill Maxwell, the occu- pants, are professional artists and free-lance painters. The home was pur- chased primarily to furnish them with the required inspirations achieved by constantly viewing the Sound and its surrounding areas. They need this to create works of art and seascapes. The paintings are then sold which pro~ rides them with a livelihood. If this cannot be achieved, then the house will be disposed of for its chief purpose has been thwarted. That is why the Walk-Ways are so important to be erected. 6. The proposed "Walk-Ways" do not in way obstruct the panoramic view of any of %he adjacent home owners. In fact, the pro- posed construction is fully supported by all of the adjacent and the other home owners in the community. They want these improvements to be made for they enhance not only the property, itself, but the pro- perty values of the general community. They like it and are net a- gainst it. 7. Both Sound Avenue and Huntington Blvd. are private roads used primarily by the home owners and mainly during the favorable sea- sonal months. These roads are maintained under the direction and expense of the Peconic Sound Shores Association. Years ago I had the honor to bring about the legal existence of this Association of which I am very proud of. 8. The "Walk-Way" at the front of the house is simply an ex- tension of the front entrance porch. Again, its erection would not only render direct views of the Long Island Sound but would also give the house symetrical beauty. Based on the above facts and reasons, I sincerely request that the Board reconsider its decision and to grant permission to erect the walk-ways (permission was granted as to the rear deck) on the East and West sides of the house. Respectfully Submitted, COUNTY OF SUFFOL~~' DEPARTMENT OF PLANNING (516) 360-5513 L[£ E. KOPP£LMAN Town of Southold ,Board of Appeals February 10, 1982 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 Comm{ssion 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 Allan C. Dickerson Peter S. Terranova 2906 2928 GGN:Jk / Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHDLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: XX Variance from the Zoning Code, Article III, Section 100-31, Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit 100-34 Appeal No.: 2928. Location of Affected Land: County Tax Map Item No.: Within 500 feet of: Applicant: XX 1170 Huntington Blvd., 1000- 67-2-1. Mr. Peter S. 7,erranova Peconic Town or Village Boundary Line __ Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Boundary of Existing or Proposed County, Owned Land Boundary of Existing or Proposed County, or Other Recreation Area 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. COMMENTS: Applicant is requesting permission to approve deck addition to dwelling with reduction of frontyard area and beyond property line. ZBA approved limited deck area with restrictions as shown on the attached. Copies of Town file and related documents enclosed herewith for your review. Dated: February 8, 1982. Secretary, Board of Appeals APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR. SERGE DOYEN, JR, ROBERT J. DOUGLASS GERARD P, GOEHRINGER v (~la.~ JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.h, N.Y. llg?l TELEPHONE (516) 765-1809 ~azmary 22, ~982 Rudolph H. Main Road ~ou~hold, NY Mr. Peter S, Box 77 Pe~'onto, NY Bruer, BSq, 11971 Terranova 11958 Dear Sir: Attached herewith is a copy of the formal findings and determination of the Board of Appeals recently rendered and filed with the office of the Town Clerk concerning your appeal. In the event your appeal has been approved, please be sure to return to the Building Department for approval of any new construction or for a certificate of Occupancy of the premises, as may be applicable. If you have any questions, please do not hesitate to call either our office or that of the Building Inspector at 765-1802. Yours very truly, GG:lk Enclosure GERARD P. GOEHRINGER CHAIRMAN By: Linda Kowalski Secretary Southold Town of Appeals -9- ~ecember 17, Janet A. Davis Appeal No. 2927 continued:) 1981 just making lunch or whatever the case might be. Thank you. MR. BRUER: Mrs. Davis, I would just like to ask you a question. Street traffic. How often do you usually get on a main street like that, a large number of cars, in case the board has any questions about the parking. MRS. DAVIS: I would say two cars usually. MR. BRUER: At a time? MRS. DAVIS: Yes. MR. BRUER: And I think from the survey you can see there is adequate parking, or it can be made available in the rear and the side. Thank you. MR. CHAIRMAN: Any other questions from any of the members of the board? (None) I'll offer a resolution closing the hearing and reserving decision until we get this all together. MEMBER GOEHRINGER: Seconded. On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that the hearing be declared closed and decision reserved in the matter of the application of Janet A. Davis in Appeal No. 2927. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass, Goehringer and Sawicki. PUBLIC HEARING: Appeal No. 2928. Upon application of Peter S. Terranova, Box 77, Peconic, NY for a Variance to the Zoning Ordinance, Article III, Sections 100- 31 and 100-34 for permission to construct deck addition to dwelling with reduction of frontyard area and beyond property line. Location of Property: 1170 Huntington Boulevard (a/k/a 565 Sound Avenue), Peconic, NY; bounded north by Murdock; west by Sound View Avenue; south by Huntington Boulevard; east by Hoffman; County Tax Map Par- cel No. 1000-67-2-1. The Chairman opened the hearing at approximately 7:50 p.m., read the legal notice in its entirety and appeal application. MR. CHAIRMAN: Mr. Bruer, do you have anything you would like to add to what you have in the application? Southold Town B~d of Appeals -10- December 17, 1981 (Appeal No. 2928 - Peter S. Terranova continued:) RUDOLPH H. BRUER, ESQ.: Thank you. Yes, I would like to point out here, I believe the board or most of the board have visited the property, and you can see that the way the property was divided, the house sits approximately, the front of the house sits approximately five feet from the frontyard line. An examina- tion of the property will also reveal that the frontyard that is being used on this property consists of an additional 20 something, 23 feet going out into the alleged road. This is a, since Novem- ber, learned that the road I believe is not taxed to any known owner. You will notice that the property has a stone fence sort of speak going right out 23 feet and closing the aesthetic part of the property. This fence has been there since about 1935 I've been told. The sideyard, on the side going down the other side of the road, there was other construction abutting out into that alleged right-of-way where the deck is, or proposed deck would like to be. I would like to point out the size of the lot, 50 by 92. This is a lot that was much larger at one time and obviously the house behind it was cut out of that prior to zoning. I'd like to show the board some photographs that were taken during the early 1960's showing the continuous use of the premises extending into the roadway as part of its natural domain. These premises were taken approximately 1961. Here's One showing a front porch going out to approximately the property line where the proposed deck is. Again, here is another photograph of the house showing that front deck, and also showing construction going out into the other right-of-way, wherein the owners consistently over the years felt they had a claim of right to use that part of the roadway. Now you have to remember this is not a public road but owned by the association if any, not even owned by the association. If any- thing by the adjoining land owners. This is another photograph showing the property from the rear looking at it, also showing the side construction that was there a few years ago. I may point out that these photographs were supplied to us by adjoining land owners indicating and as indicated to us that they appreciate and approve the application that is being made here. I would also like to submit a letter, a follow-up letter to one in your file I believe, from a Dr. Haddad addressed to Mr. Peter Terranova, dated December 2, 1981. I believe copies were supplied to you and I would like to read it: ...I am glad you explained the purpose of the deck in your house in your letter of November 28, 1981. Please be advised that I have no objection to the way the deck is being constructed in your house as you specify in your letter. Please use my letter for the Board of Appeals, Town of Southold, and give it to your lawyer, Mr. Rudolph Bruer. May I mention that my previous letter was written without having seen or had any information regarding the deck you have been constructing. I trust this will help you in your endeavors. Sincerely yours, /s/ Heskel M. Haddad, M.D ..... Southold Town of Appeals -11- December 17, (Appeal No. 2928 - Peter S. Terranova continued:) 1981 MR. BRUER continued: I suggest that we have here a situation of practical difficulties regarding the property. The situation is one that was created prior to zoning and without decks these days, it's a way of enjoy- ing and using your property, people like to be outside, particularly this type, this piece of property and where it's located, to be able to sit out there and enjoy the view in the way that house and the original owners and the way this property was cut up and intended them to use it. Again, I'd like to point out the wall and the existence of the property owners, present owners, past owners, using this as their frontyard and always considering this as part of their property. Again, the road is privately owned and as a matter of fact if you look at the tax map as I stated before, there is no known owner. I think this shows that the landowner cannot reasonably develop his property within the zoning limits without having this. It just couldn't be properly enjoyed and we respectfully request that the application be granted. It's not going to change the character of the district. Nothing new is being added other than the deck, which all the adjoining landowners, and we've canvased them, pretty much approved. We've heard no negative voice regarding it. And it is unique, it is unique in the sense the way it was built. It's on a corner lot, sort of speak, with respect to the right-of-way. The owners are present if you have any questions regarding it. MR. CHAIRMAN: Thank you, Mr. Bruer. MEMBER GOEHRINGER: We asked Mr. Terranova on Saturday morn- ing, Mr. Bruer, if you would give us the existing square footage of the house and the existing square footage of the proposed deck. If you will calculate that, what dimensions. MR. CHAIRMAN: You can use the mike down there if you would like. Doesn't make any difference, whichever way you'd rather. MR. TERRANOVA: The house being 38' by 24' would give us a square footage of 912. The proposed deck, the rear deck would be 407 square feet, and the side deck on Huntington Boulevard or walkway would be 119 square feet. Plus a small additional side walkway to continue to the front would be another 83 square feet, and the extension of the front porch along the house would be 130 square feet. So we have something like 740 square feet of which, as a deck only 407 square feet can be used as such, as a deck. The rest of it is purely aesthetic and to enjoy the view of the sound, and that's it. Appreciate it very ~uch, sir. MEMBER GOEHRINGER: Thank you. Southold Town of Appeals -12- December 17, 1981 MR. BRUER: Thank you, gentlemen. Would you please keep in mind the smallness of this lot, 50 by 92. MR. CHAIRMAN: Thank you. Is there anyone else to speak for this application? (None) Anyone to speak against it? (None) Do any of the board members have any other questions? I'll offer a resolution closing the hearing and reserving decision till we write out all the figures and everything to see where we're at and come up with a decision in the near future. MEMBER GOEHRINGER: Seconded. On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, to close the hearing and reserve decision in the matter of Peter S. Terranova in Appeal No. 2928. Vote of the Board: Ayes: Messrs. Doyen, Grigonis, Douglass, Goehringer and Sawicki. This resolution was unanimously adopted. PUBLIC HEARING: Appeal No. 2933. Upon application of David Strong, by Richard J. Cron, Esq., Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article XIV, Section 100-t41(D) for permission to construct addi- tions to existing building pursuant to Appeal No. 825. Location of Property: 2400 Camp Mineola Road, Mattituck, NY; bounded north by Strong; west by Wilsberg, Strong and James Creek; south by Kreh and ano.; east by Kreh and ano. County Tax Map Parcel No. 1000- 122-9-6.1. The Chairman opened the hearing aS approximately 8:02 p.m., read the legal notice of hearing in its entirety and appeal appli- cation. MR. CHAIRMAN: Is there anything you would like to add to what you have stated in the application? RICHARD J. CRON, ESQ.: If it pleases the board, I can only again emphasize to the board that we are here this evening solely because of the requirements of Appeal 825 which this zoning board, not consisting of the same members of course, imposed a require- ment upon Mr. Strong, that if he sought to do any other improve- ments to the marina premises such as building construction, et cetera, that it required the approval of this board. This appli- cation deals, doesn't deal at all with a use variance or an area variance or anything like that. It deals solely with securing your permission to do that which he would be legally entitled to do but for the requirement imposed by Appeal No. 825. We had previously, I don't mean "we", I mean Mr. Strong had secured the approval to do the very work that we seek from the approval of APPEALS BOARD MEMBERS CHARLES GRIGONrS, JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD p. GOEHRINGER JOSEPH R. SAWICKI Southold Town Board o£Appeals MAIN ROAD- STATE ROAD Z5 SOUTHOLD, L,I., N.Y. TELEPHONE (516) 765-1809 January 4, 1982 Rudolph H. Bruer, Esq. Main Road Southold, NY 11971 Re: Appeal No. 2928 Application of Peter S. Terranova Dear Mr. Bruer: Please be advised that the following action was taken by the Southold Town Board of Appeals at a Regular Meeting held on Thursday, December 17, 1981 concerning the above appeal: RESOLVED, that the application of Peter S. Terranova, Appeal No. 2928, be GRANTED SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the 407 square-foot rear deck is permitted only in the rearyard area -- not to encroach past the west side of the existing house; 2. That the deck addition never be enclosed or used for habitable (living) area; 3. Suffolk County Planning Commission referral pursuant to Sections 1323, et seq. of the Suffolk County Charter. This resolution was unanimously adopted. An official determination and findings will be filed with the office of the Town Clerk as soon as possible and simultane- ously forwarded to you for your records. If you have any questions, please do not hesitate to call our office. Also, if you wish to start construction as early as Page 2 Rudolph H. Bruer, Esq. Re: Appeal No. 2928 Application of Peter S. Terranova possible, please return to' or call the Building Department for issuance of your building permit at 765-1802. Yours very truly, CHARLES GRIG~NIS, JR. CHAIRMAN CG:lk Tbday' s Date: l~lembers Absent~ if any: T~rsday, December 17, 1981 Appeal No. 2928 Agenda Item/~Iatter of: PETER S. TERRANOVA Type of Variance or Appeal: To construct deck to house with reduction frontyard. 1170 Huntingt---~]~l-~-Pecon~c ~Charles ~oy~n Robert ~ G~rard Joseph. ~rlgon~s Dougr~ss ~oenrmger ~awmK~ Resol'ution made by: (~/ ' ( )/( ) ( ) ( ) Seconded by: ( ) (~-)~ ( ) ( ) ( ) Action: ( ( ( ( ( ) Approve as applied for ) Deny as applied for ) Deny ) Deny without prejudice ) Withdrawn without Prejudice ) ~7'Appr0ve with the following conditions: [~/'.Subiect to County Plannin~ refe~-ral Subject to Planning Board approval Subiect to D.E.C. recmlations ( ) Other: Findings of the Board are as follows: Other: Not Within the Character of the Neighborhood ( ) Granting the Relief Requested is within Variance is Substantial in Relation to Code spirit of the zoning code Not .in ha~.o, ny ~ith purposes of the Code ( ) Relief is not substantial Hardship not sufiicient ( ) Burden of hardship or difficulty shown Circumstances are Not Unique '~ ( ) Circumstances are unique Will set a precedent in the neighborhood ( ) Variance will not change character of Area is already very congested the neighborhood Interests of justice served by denying ( ) Interests of 3ustice served by §rantin,c ( ) Othe]; for Special Exceptions Vote of the Board: Ayes: ()/) CG (/~D ( )/RD Nay: ( ) ( ) ( ) Abstain: ( ) ( ) ( ) Absent: ( ) . ( ) ( ) No[es: /~//-~J~ //~/X/Z/L/~ /~7,/~/, () () () () () () HESKE1 M. HADDAD, M.D. 427-1246 NINE EAST NINETY-SIXTH STREET. NEW YORK, N.Y. 10028 Mr. Peter S. Terranova 280 Sound Avenue P.O. Box 77 Peconic, New York 11958 December 2, 1981 Board of ppeal Dear Mr. Terranova: I am glad you explained the purpose of the deck in your house in your letter of November 28, 1981. Please be advised that I have no objection to the way the deck is being constructed in your house as you specify in your letter. Please use my letter for [he Board of Appeals of the Town of Southold and give it to your lawyer, Mr. Rudolph Bruer. May I mention that my previous letter was written without having seen or had any information regarding the deck you have been constructing. 1 trust this will help you m your endeavors. Sincerely yours, HMH:cs Heskel M. Haddad, HESKEL M. HADDAD, M.D. 427-1246 NINE EAST NINETY-SIXTH STREET. NEW YORK. N.Y. 10028 November 23, 1981 Mr. Rudolph ti. Bruer Edson and Bruer Attorneys at Law Main Road Southold, New York 11971 Dear Mr. Bruer: Regarding your sending me a copy of 1he appeal to the Town of Southold for permission to construct a deck, I basically have no objection, unless such a deck is going to infringe on my right of way and would create such conditions that would become hazardous. For this reason I think any additions should conform to the code to insure such safety, which is essential for the inhabitants of the house. ] trust this will be helpful to you. Sincerely yours, HMH:cs cc: Mr. Peter S. Terranova Board of Appeals Town of Southold Heskel M. Haddad, M.D. Legal Notices LEGALNOTICE NOTICE IS HEREBY GIVEN, pursuant toSection267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the fol- lowingpublic hearings will be held by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, NY on Thursday, December 17, 1981 commencing at 7:15 o'clockp.m.asfollows: 7:15 p.m. Application of Frank E. Brophy, 75 Second Street, New Suffolk, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to construct deck addition tn dwelling with an in- sufficient front and side yard setback at 75 Second Street, New Suffolk, NY; bounded north by Grathwohl & ann.; west by Martin; south by Wetzel, Grathwohl and ann.; east by Second Street. County TaxMapParcelNo. 1000.117-10. 20.7. 7:25 p.m. Application of James P. Latham, Plum Island Lane, Orient, NY for a Var- iance to the Plood Damage Pre- vention Law, Chapter 46, Section 46-19 for permission to construct cellar slab approximately eight feet above mean sea level in this V-5 Coastal FloodZoneand without structural support and anchor- age by pilings or columns. Location of Property: Private Road (l-'eter's NecR Pt.), Orient, NY; bounded north by G. Latham and Gids Bay; west byStrachan,PrivatoRoad,and Bliss; east and south by Orient Harbor. County Tax Map ParcelNo. 100~32-1-12. 7:35p.m. Applioationof Janet A. Davis, Carrington Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-30A, B for permission to operate an antique shop in an A-Agricul- tural & Residential District. Location of Property: Corner of Main Road and Pequash Avenue, Cutchogue, NY; bounded north by Scharadln; west by S.R. 25; south by Pe- quash Avenue; east by Carroza. County Tax Map ParcelNo. 1000-102-3-7. 7: 50D.m. AodlicationofPeter ~ Terranova, Box 77 Peconi_c~ __ ~ x fora vanancetotlaeZonm. Ordinance, Arucle III, ~ectlons i00-3~ and ,uu-34 fur ~ dwemng wilh reduction ~ronryard area and property nne. ~ocauon ot ~-'re- petty: 1170 HUntington Bird c'~IIC, NY F bm~nd~'nortb by Iglnr~oeg; we~t 13ySOtihff~7~ew ~'~'-'by tiottman; C o u n-]TY~ Tffx--IVf'g~:r~'~ e I ~o. ~TY55-p.m Application of David Strong, by Richard J. Cron, Esq., Main Road, Cut- chogue, NY for a Variance to the Zoning Ordinance, Article XIV, Section 100-141(D) for permission to construct additions to existing building pursuant to Appeal No. 825. Location of Property: 2400 Camp Mineola Road, Matti- tuck, NY; bounded north by Strong; west by Wilsberg, Strong and James Creek; south by Kreh & ann.; east by Kreh & ann. County Tax Map Parcel No. 1000.122-9-6.1. 8:05 p.m. Application of Jay P. & M. Joanne Davis-Slotkin, Box 950, Cutchogue, NY for a ariance to the Zoning Ordin- ance, Article III, Section 100.30 for permission to establish pro- fessional medical offices on premises zoned "A" Residential and Agricultural at 50 Ackerly Pond Road (a/k/a 49725 Main Road), Southold, NY; bounded north by Johnson; west by Baker and ann.; south by Ackerly Pond Lane; east by Main Road. County Tax Map Parcel No. 1000-70-5-4. 8:20 p.m. Application of Martin Neisen, Great Peconic Bay Boulevard, Laurel, NY, for a Variance to the Zoning Ordin- ance, Article III, Section 100-31 for permission to construct addition with reduction in front- yardarea at 2835Great Peconic Bay Boulevard, Laurel, NY; bounded north by Williams; YORK ) )SS: IFFOLK ) :~....~.~...~.~Q .......................... o! Greenpert, in said County, a representative of THE SUFFOLK TIMES, a weekly fiished at Greenpert, in the Town of Southold, County : of New York, and annexed is a printed copy that has published in said newspaper once in each week week(s) successively, commencing the...l....O.~..}}, day ]:. ........ :9...s..! .................. : me this......1..Q~.~l. ........................ west by Wendy Drive; south by ~) e T ~ 1 Gt. Peconic Bay Blvd.; east by ............................. ,19 ....................................... Blvd. and Kennedy. CountyTax MapParcelNo. 1000-128-5-4. 8:25 p.m. Application of William J. Clark, Esq. for Jo- seph Yaboni and Myron Haupt- man, Middle Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Sec- tions 100.30(A) and 100.32B for approval of insufficient side yardareas of existing buildings due to location of new lot lines. Location of Property: Oregon Road and Elijah's Lane, Mattituck, NY; bounded north by North Road and Reliable Associates; west by Elijah's Lane; south by Tuthill; east by Yaboni & ann. County Tax Map ParcelNo. 1000.100.4-6. 8:40 p.m. Application of William A. Kreitsek, 9030 Soundview Avenue, Southold, NY for a Variance to the Zoning Ordinance Article III, Section 100-31, Bulk Schedule for ap- proval of the construction of at- tached deck and pool with re- duced rearyard setback at 9030 Soundview Avenue, Southold, NY; bounded north and east by Grattan; south by Mudd; west by Kreitsek. County Tax Map PareelNo. 1000-59-7-27.2. 8:45 p.m. Application of Richard A. Miller, 2895 Aldrich Lane, Laurel, NY for a Variance to the Zoning Ordinance, Article III, Soction 100-32 for permission to construct wind generator exceeding the maximum height requirements at 2895 Aldrich Lane, Laurel, NY; bounded north and west by Town of Southold; east by Aldrich Lane; south by Bosehetti. County Tax Map Parcel No. 1000-125-2-1.5. Dated: December5,1961. BYORDEROF THESOUTROLDTOWN BOARDOFAPPEALS 1TD10.3823 EN K DE VOE 'cs Mac 30 I9,~ LEGAL NOTICE :6 tq ~A $ NOTICE IS HEREBY GIV- EN, pursuant to Section 267 the Town Law and the Provi- sions 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, N.Y. on Thursday, December 17, 1981 commencing at 7:1S o'clock p.m. as follows: 7:15 p.m. Application of Frank E. Brophy, 75 Second Street, New Suffolk, N.Y. for a Variance to the Zoning Ordin- ance, Article III, Section 100- 31, Bulk Schedule, for permis. sion to construct deck addition to dwelling with an insufficient front and side yard setback at 75 Second Street, New Suffolk, N.Y.; bounded north by Grath- wahl & ano.; west by Martin; south by Wetzel, Grathwohl and aha.; east by Second Street. County Tax Map Parcel No. 1000-117-10-20.7. 7:25 p.m. Application by James P . Latham, Plum Island Lane, Orient, N.Y. for a Variance to the Flood Damage Prevention Law, Chapter 46, Section 46-19 for permission to construct cellar slab approxi- mately eight feet above mean sea level in this V-5 Coastal Flood Zone and without struc- tural support and anchorage by pilings or columns. Loca- tion of Property: Private Road (Peter's Neck Pt.}, Orient, N.Y.; bounded north by G. Latham and Gids Bay; west by Strachan, Private Road, and Bliss; east and south by Orient Harbor. County Tax Map Parcel No. 1000-32-1-12. 7:35 p.m. Application of Janet A. Davis, Carrin~on Road, Cutchogue, N.Y. for a Variance to the Zoning Ordin- ance, Article III, Section 100- 30A, B for permission to operate an antique shop in an A-Agricultural & Residential District~ Location of Property: Corner of Main Road and Pequash Avenue. Cutchogue, N.Y.; bounded north by Schar- odin; west by S.R. 2S; south by Pequash Avenue; east by CarroTs. County Tax Map Parcel No. 1000-102-3-7. 7:S0 p.m. Application of Peter $. Terranovg, Box 77, Peconic N.Y. for a Variance to ~he Zoninlt Ordinance. Artiel~ ltl Sections 100,31 and for permission to construct deck addition to dwelling with reduction of frontvard area and beyond orooertv line. · Location of Property: 117{} Huntin?~nn Rlvd. (a/k/a ,~fi,~ Sound Avenue). Peconie. N.Y.; bounded nqrth by Mur- dock; west by Sound View Avenue; south by Huntington Blvd.; east by Hoffman; Coun- ty Tax Map Parcel No. 1000- 67-2-1. 7:S5 p.m. Application of David SIrong. by Richard 3. Cron. Esq., Main Road~, Cut- chogue, N.Y. for a Variance to the Zoning Ordinance, Article XIV, Section 100-141 (D) for permission to ~x~nstruct addi- tions to existing building pur- suant to Appeal No. 82S. COUNTY OF SUFFOLK ss: STATE OF NEM/ YORK Patricia Wood, being duly sworn, soys that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in. Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long tsland Traveler-Watch- man once each week for .................. ~ ................... weeks successively, commencing on the ..... .~..~ ....................... d~..~,...~~....: ...... l ~...x~...~ Sworn to before me this ............ .\....~... ........... day of ........ ......... , CLEMENT J, TttO~PSON NOTA~ PUBUC, State ~. [2-g321725 K JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 November 18, 1981 TELEPHONE (516) 765-1801 To; Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Aooeal No. 2928 application of Peter S. Terranova for a variance. Also included is notification to adjoining property owners: Letter relative to N.Y.S. Tidal Wetlands Land-Use; Short Environmental Assessment Form, Notice of Disapproval from the Building Department; and survey of the property. ~;. Terry~ Town Clerk ~ JTT/bn Enclosures Legal Notice to the following on or about Monday, Dec. 7, 1981: Suffolk Times, Inc. L.I. Traveler-Watchman, Mr. Frank E. Brophy Mr. James P. Latham Ms. Janet A. Davis Rudolph H. Bruer, Esq. Mr. Peter S. Terranova Rudolph H. Bruer, Esq. Mr. David Strong Inc. for Davis for Terranova Richard J. Cron, Esq. for Strong Abigail A. Wickham, Esq. for Davis-Slotkin Mr. Martin Nelsen William J. Clark, Esq. for Yaboni & Hauptman Mr. William A. Kreitsek Mr. Richard A. Miller !NSTF, UCT !OHS: ~ (6) in order t~ answer the qbestions in this short EAF it is assumed that the preparer ~.,ill use currently available inforn~olion concerning the project and the ~ihely impacts of the action. It is not expected chat additional slud~es~ ~esaarch o~ other ~nvest~gations wLll be undertaken. (b) If any ques~on has been ons',~ered Yes the p~o)ec¢ may be s~gn/f~cont and o completed Env&ron~antal Assessment Fo~m is necessary. (c) If o11 (lUeStLons have been onswe~ed No Lt is l/kely chat (dj E'nvironmantal Assar, smanl ' 1. ?I~ pzoject result in o la~ge physLcol change ~o ~he p~o~ec~ silo az physLcol]y ol~e~ more th~.m 10 acres of land? ....................... _ Yes,~ No 2, ¥1ill there be o mo~or change ~o any unique or -miusuol land fozm found on the site? ........ Yes 3 ¥/ill project alter or have a large effect on existisg body of wafer? ..................... _ YDs ~ N~ 4 ¥;ill project hove o potentially large impact on grouncJwotcr quality? ........... Yes, flow on sdjacen¢ silos? ..................... ,. Yes, ~ NQ 6 ~?ill project affect any threatened or endangered plan¢ or animal species?. . Yes 7 ¥/ill project result &no major odvcrs;';Ff;~'[ ' ' on air quality? ............................. ..~Yes. X No 8 71ill project character of vistas known Will project · structure of hove o major effect on visual the coramuni',7 or scenic views or to:be importor, t to the community?. Yes ~.No adversely i~pect any site or .. hlsforic~ prehlstorlc or paleontological importol]ce or any site designated as a c~itic¢:l envlronmentol oreo by a local agency? ............ ::...-..,-.;.....:--,..v. Yes X No 10. ¥/ill project have o mo jar effect on exls~ihg or future recreational opportunities? ......... Yes. 11. ¥/ill project result in .~ojor ~ro~fic problems or. cause o major cf fcc% ia existing transportation systems? Yes ~ No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturbance os o result of the project's tiaa? ' Yes ~ No opero ..................................... . ~ , 13. ¥/ill project have any impact on public health or safety? Yes y No 14. ¥;ill p~oject off ecl the existing community by directly causing o gro'..~lh in permanent population of more ilion 5 pcrccgt over o one year period or hove o major negative on ibc character of the community or neighborhood? Yes Y No 15. Is there public controversy concerning project? ...................................... PREPARER'S SIGNATURE REPRESENTING Peter S. Terranova DATE 11/18/81 TOWN OF SOUTHOLD, NEW YORK · APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Peter S. Terranova - P.O. Box 77 I, (We) ................................................................ or ............................................................................ Name of Appellant Street and Number. Peconic, N.Y. ....................................................................................................................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ........ ~°.~.e.~.e..~....6. t....!.9,..8.~ ....... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) Peter S. Terranova (A/C William & Gina Marie Maxwell) Name of Applicant for permit of P.O. Box 77, Peconic, New York Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO CONSTRUCT I LOCATION OF THE PROPERTY 565 Sound Ave:, Peconic A-Res. Street Use District on Zoning Mop .... ....................................... ............. Map No Lot No, 2' PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III, Sections 100-31 & 100-34 3 TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art 16 Sec. 280A Subsection 3 4 PREVIOUS APPEAL A previous appeal (k~3 (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such cppeal was ( ) request for a special perrhit ( ) request for a variance and was made ~n Appeal No ................................. Dated ...................................................................... ( ) (x) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ~s requested for the reason that the owners of the property would be unable to construct a proposed deck addition to their residence~ ~~ ~ (Continue on other side) REASON FOR APPEAL Continued _ I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the owners would be unable to have a deck due to the fact that the premises was built prior to zoning in the Town of Southold and was constructed close to the property line. As a practical matter, the present owners of the property, as well as all previous owners since the premises was built, use as their front yard portions, o.f property which are shown as ~unti. ngt?n Boulevard and Sound View Avenue. 2. The hardship created is UNIQUE and is not shared by all properties alike, in the immediate vicinity of this property and in this use district because the subject property is undersized (50' X 92'), whereas the majority of the properties in the ~mmediate vicinity of this property are 50' X 150' or more. Also, because the first floor of the premises sits at an elevation that would be most suitable to having a deck around the front, side and rear of the house. This is due to the way the house was constructed and due to the elevation of the land on which it was constructed. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the proposed deck would in fact enhance the district in that it will make the premises more attractive. No additional dwelling is being constructed, simply a deck being added. Also, because the majority of houses on the street come up to or close to the property lines, which is consistent with this application. ) ss ' t Signature COUNTY OF SUFFOLK ) .......................................................... Rudolph H. Bruer, Attorney for Applicant Sworn to this ' 18th day of November ..................................................................................................... 1981 ~' Notary Public ~ommi~ion Lxpu~ ~ar0h ~,, BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petitior~ of : PETER S. TEILR~q'OVA' : (for William & Gina M. MaX~ell) : to the Board of Appeals of the Town of Southold : TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) ~l~,~eap~'~M~~~~: 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 3. That the property which is the subject of such Petition is located in the following zoning district: A - Residential 4. That by such Petition, the undersigned will request the following relief: permission to construct a deck addition to the existing dwelling. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Section s 100-31 & 100-34 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma)' then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the~matter bY~the~ Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers pub!i~hed in the . Town of Southold and designated for the publication of such notices; that you or your representativ~ have the right to appear and be heard at such hearing. Dated: November 18, 1981 Petitioner/ Rudolph I~,-]3~q2er; Attorney for Peti~iOn~'~:~ ~ Post Office Address Main Road Southold, New York 11971 NAM~ PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Mr. and Mrs. George J. Hofman Ms. Marion Murdock Heskel M. Haddad Mr. & Mrs. Robert Currie Mr. & Mrs. Lew Malone Helen E. Uhl 65 Spruce Street Roslyn Harbor, New York 11376 321 Ivy Avenue Westbury, New York 11590 Lakeview Drive Peconic, New York 11958 Box 12 Peconic, New York 11958 569 Fourth Street Brooklyn, New York 11200 York 11958 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: Mary Diana Foster , residing at (No ~) McCann Lane, Greenportf New York , being duly sworn, deposesand Says that on the 18th day of Novem]oer ,19 81 , 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 5outhold; that said Notices were mailed at the United States Post Of- fice at Southold, New .York ; that said Notices were mailed to each of Said persons by (certified) (legl~lald~ mail. Sworn to before me this 18th RUDOLPH H. BRUER ~IOTARY PUBLIC, State ef No. 52-0465530 - Suffolk Cou~/'~.~. Commission Exl~ires March 0 m o EC NO ,. / "° X / /