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HomeMy WebLinkAbout2472 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF A~'PEAL$ Appeal No. 2472 Dated August 31, ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Mr. Rein Narma 1000 Private Road (Hyatt Road) Southold, New York 11971 (Robert C. at a meeting of the Zoning Board of Appeals on September was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance ( ) 1978 Wertz, Esq.) 28, 1978 DATEq~.~....~.f 1978 Appellant the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 8:15 P.M. (D.S.T.) Upon application of Rein Narma, 1000 Private Road, (Hyatt Road), Southold, New York (Robert C. Wertz, Esq.) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32, for permission to construct a garage in the front yard area. Location of property: Private Road (Hyatt Road), Southold, New York, bounded on the north by Long Island Railroad; east by A. Gina; south by right-of-way; west by R. A. Brown and P. R. Bie. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because SEE REVERSE practical difficulties or unnecessary (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The var/ante (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) SEE REVERSE and therefore, it was further determined that the requested variance ( that the previous deeisinns of the Building Inspector ( ) be confirmed ( FORM ZB4 ~~ ) be granted ( ) be reversed. BOARD OF APPEALS ) be denied and After investigation and inspection the Board finds that the applicant requests permission to construct a garage in his legal front yard. The Board agrees with the reasoning of the applicant. The adjoining properties have garages in their front yard areas, and this will not affect the character of the area. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of the property and in the same use district; and the variance will not change the character of the neighborhood and will observe the spirit of the Ordinance. On motion by Mr. Tuthill, seconded by Mr. Grigonis, it was RESOLVED that Rein Narma, 1000 Private Road (Hyatt Road), Southold, New York, (Robert C. Wertz, Esq.) be GRANTED permission to construct a garage in the front yard area. LoCation of property: Private Road (Hyatt Road), Southold, New York, bounded on the north by Long Island Sound; east by A. Gina; south by right-of-way; west by R. A. Brown and P. R. Bie upon the following conditions: (1) The size of the garage shall not exceed 25 feet by 25 feet. (2) The garage shall be located 85 feet from the Private Road and at least 5 feet from any property line. Vote of the Board: Ayes: Messrs: and Douglass. Gillispie, Grigonis, Tuthill AND FILED BY Y~iE SOU'I2IOLD TOWN CL~ DATE 1~/~o/7~ HOUR ~%'o o~ ~0. ~k, Town o~ ~u[ho]d Legal Notice of Hearings -2- September 28, 1978 8:15 P.M. (D.S.T.) Upon application of Rein Narma, 1000 Private Road, (Hyatt Road), Southold, New York, (Robert C. Wertz, Esq.) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32, for permission to construct a garage in the front yard area. Location of property: Private Road (Hyatt Road) Southold, New York, bounded on the north by Long Island Sound; east by A. Gina; south by right-of-way; west by R. A. Brown and P. R. Bie. ~ 8:30 P.M. (D.S.T.) Upon application of Sandra Rave and Mary Tloczkowski, 22 Edison Lane, Bayville, New York, (Gary F. Olsen, Esq.) for a special exception in accordance with the Zoning Ordinance, Article III, Section 100-30 B (6) for permission to operate a tennis and racket ball club with swimming pool. Location of property: North Road, Peconic, New York, bounded on the north by Middle Road; east by Haas; south by Long Island Railroad; west by Case. Dated: September 18, 1978 BY ORDER OF THE SOUTHO~D TOWN BOARD OF APPEALS PLEASE PUBLISH ONCE [1) SEPTEMBER 21, 1978, and FOR¥'~ARD SIX (6) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS, MAIN ROAD~ SOUTHOLD, NEW YORK, PRIOR TO SEPTEMBER 28, 1978. Copies mailed to the following on September 18, 1978: Edward and Helen Jaskowiak Anthony P. DeRiggi, Esq. a/c Daniel and Laura Shybunko Charles A. Brautigam Peter Stoutenburgh a/c Mr. Robert Wacker Robert C. Wertz a/c Rein Narma Gary F. Olsen, Esq. a/c Sandra Rave and Mary Tlockowski LEGAL NOTICE NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordinance of the Town of Southold, New York, public hearings will be held by the Zoning Board of Appeals at the Town Hall, Main Road, Seuthold, New York, on Thursday, Sep- tember 28, 1978, on the following appeals: 7:30 P.M. (D.S.T.) Upon applicatiea of Edward and Helen Jaskowiak, 'RFD., Ruth Road, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and bulk S~hedule for permission to divide property with in- sufficient area and width. Location of property: Lot No. 4, Map No. 5023, Sunset Knolls, Mattituck, New York. 7:40 P.M. (D.S.T.) Upon application of Daniel and Laura Shybunko, 5 Hilltop Court, Head of the Harbor, St. JameS, New York, (Anthony p. DeRiggi, Esq.), for a variance in accordance with the Zoning Ordinance, Article III, Sections 100-31,100-33, 100- 34 and 100-36, for permission to reduce front and side yard setbacks. Location of property: Map No. 5126, Nannakoma Waters, LOt No. 5, Southold, New York. 7:50 P.M. (D.S.T.) Upon application of Charles A. Brautigam, 46 Benson Road, Glen Rock, New Jersey, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for per- mission to construct an ac- cessory building in the front yard area. Location of property: West Road, Cut- chogue, New York, bounded on the north by West Road; east by Gustave Buckert; south by Bay; west by George H. Fleet Estate. 8:00 P.M. (D.S.T.) Upon application of Robert Wacker, Nassau Point Road, Cut- chogue, New York, (Peter Stoutenburgh as agent), for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for per- mission to add 10 feet to preSent garage located in front yard area. Location of property: Lots No. 7 and 8, Nassau Point Properties, Cutchogue, New York. 8:15 P.M. (D.S.T.) Upon~ lapplication of Rein Narma,· 1000 Private Read, (Hyattl Road), Southold, New York,[ (Robert C. Wertz, Esq.) for a~ variance in accordance with the Zoning Ordinance, Article III, Section 100-32, for per- mission to construct a garage in the front yard area. Location of property: Private Road (Hyatt Road) Southold, New York, bounded on the north by Long Island Sound; east by A. Gina; south by right-of-way; west by R. A. Brown and P. R. Bie. 8:30 P.M. (D.S.T.) Upon application of Sandra Rave and Mary Tloczkowski, 22 Edison Lane, Bayville, New York, (Gary F. Olsea, Esq.) for a _special exception in accordance with the Zoning Ordinance, Article III, Section 100-30 B (6) for permission to operate a tennis and racket ball club with swimming pool. Locatio,~ ~! property: North Read, ~ic, NeW York, bounded~{~, the north by Middie ~o~d; east by Haas; south ~y- Long Island Railroad; west by Case. Dated: September 18, 1978 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1TS21-3062 COUNTY OF SUFFOLK, ] STATE OF NEW YORK, ~ ss: .... ?.~.o.s' .~.u..~.t.a.v..s.o.n. ................. being duly Sw. says that . .h~ · · is Printer and Publisher of the SUFF( WEEKLY TIldES, a newspaper published at Greenport, in county; and that the notice, of which the annexed is a pri~ copy, has been published in the said Suffolk Weekly Ti once in each week, for . . ane..¢1.) ................. successively commencing on the t~erai;y-£ivst; day of . .S~lv.t.e..la.b.~t. .... Sworn to before me ......... ............. LEGAL NOTICE NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the pro- visions of the Amended Build- ing Zone Ordinance of the Town of Southold, NEw York, public hearings will be held by the Zoning Board of Appeals at the Town Hall, Main Road, Southold, New York, on Thurs- day, September 28, 1978, on the following appeals. 7:30 P.M. (D.S.T.) Upon application of Edward and Helen Jaskowiak, RFD, Ruth Road, Matfituck, New York, for a variance in accordance with the Zoning Ordinance, Article 111, Section 100-31 and Bulk Schedule for permission to divide property with insuf- ficient area and width. Lo- cation of property: Lot No. 4, Map No. S023, Sunset Knolls, Mattituck, New York. 7:40 P.M. (D.S.T.) Upon application of Daniel and Laura Shybunko, 5 Hilltop Court, Head of the Harbor, St. James, New York, (Anthony P. DeRiggi, Esq.), for a variance in accordance with the Zoning Ordinance, Article III, Sec- tions 100-31, 100-33, 100-34 and 100-36, for permission to reduce front and side yard setbacks. Location of property: Map No. 5126, Nunnakoma Waters, Lot No. 5, Southold, New York. 6:50 P.M. (D.S.T.) Upon application of Charles A. Brau- tigam, 46 Benson Road, Glen Rock, New Jersey, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permis- sion to construct an accessory building in the front yard area. Location of~ praperty: West, Road, Cutchogue; new York, bounded on the north by West Road; east by Gustave Buc- kerr; south by Bay; west by George H. Fleet Estate. 8:00 P.M. (D.S.T.) Upon application of Robert Wacker, Nassau Point Road, Cut- chogue. New York, (Peter Stoutenburgh as agent), for a variance in accordance with thc Zoning Ordinance, Article IlL Section 100-32 for permis- sion to add 10 feet to present garage located in front yard area. Location of property: Lots No. 7 and 8, Nassau Point Properties. Cutchogue, New York. 8:15 P.M. (D.S.T.) Uponj/ application of Rein Narma,J 1000 Private ~oad, (Hy&tt[ Road), Southold, New York (Robert C. Wertz, Esq.) for variance in accordance wit the Zoning Ordinance, Article Ill, Section 100-32, for permis. sion to construct a garage ' the front yard area. Location property: Private Road (Hyatt Road) Southold, New York, bounded on the north by Long Island Sound; east by A. Gina; south by right-of-way; west by R.A. Brown and P.R. Bie. 8:30 P.M. (D.S.T.) Upon application of Sandra Rave and Mary Tloczkowski, 22 Edison Lane, Bayvil!e, New York, (Gary F. Olsen, Esq.) for a special exception in accord- ance with the Zoning Ordin- ance, Article lit, Section 100- 30 B (6) for permission to operate a tennis and racket ball club with swimming pool. Location of property: North Road, Peconic, New York, bounded on the north by Middle Road; east by Haas; south by Long Island Railroad; west by Case. Dated: September 18, 1978 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS IT - 9/21 (629) COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND ffRAVELER-WATCHMAN, a public newspaper printed at $outhold, in Suffolk County; and that the notice of which the annexed is a printed copy, ~,as been published in said Lon~ Island Traveler-Watch- man once each week for ......... /. ............................ weeks ~uccessively, commencing on the ...?..../~ .................... .............. .......... Sworn to before me this ...~ ........... day at Notary Public TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. L/72, DATE August 31, 1978 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) ....]B~.I,~../xl,%,~ ...................................... of .],Q.O.O...Rri.'c.~t~...~q~,~l,..J[],.~...[JY.9,.t;.!;...~9~.d Name of Appellant Street and Number ...S..o***q.t...h,o**~.c] ........................................................................ ~,e.~..~..o.~..k. ......... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...A.ug~sL.;~...19.?.B ............... WHEREBY THE BUILDING INSPECTOR DENIED TO ~ ( ) ( ) (X) Nome of Applicant for permit Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Permit to Construct 1. LOCATION OF THE PROPERTY L00~.i~:ri.~at~..R~a~..~.lS..~{.y.a~t..~oad ........ , ............... ....... Street '- ' Use District on Zoning Mop 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 Ordinance.) Article III - ,q~cti~n 10~-32 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 ::J~) (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 ...................................................................... ( ) (X) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that Appellant wishes to construct an accessory building in front yard area. Form ZB1 (Continue on other side) REASON FOR APPEAL Continued STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficultiesorunneces- sary HARDSHIPbecau~ we consider our legal back yard our front yard because our home faces waterfront property and consequently we would like to erect a garage in our legal front yard. 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 i .... -_v~ ........... c,, prspcrty sz .... I -- ..~t~f .... t~rcpcrty, ....... lil-e per people who live on property withOut waterfront are permitted to Place their garages in their rear yard and my rear yard is water- front, I need permission to build my garage in my legal front yard. 3. The Variance would observe the spirit of the Ordinance end WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because this is a residential area and my builder would make the garage as attractive and as part of the house. STATE OF NEW YORK ) ) COUNTY OF ) SUFFOLK SS / ROBERT C. SwiEg~l'~r; E~/Q.~orney Mr. REIN NARMA Sworn to this ......31,~t ............................... day of ........ A~gu.st .................................. 19 78 ~/ Notary P~61ic~' Jane Gamsj ager ~&~B[~ t~:)TARY PUBLIC, State of New York rio. §2-45206~] Suffolk Cour~ty Commission Expir~ March 30, 19~) for COMMISSION Seth A. Hubb~rcl Ch~rman L~e E. Koppclman Suffolk County Department of Planning Veteran~ Memork~l Highway JOHN V.N. KLEIN, County Hauppauge, L. i., N. Y. 979-2918 11768 Town of Southold Board of Appeals October 4~ 1978 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 determqnation should not be construed as either an approval or a disapproval. Applicant Municipal File Number Charles Brautigan Rein Narm~. Robert Wacker Sandra P. Rave, Et. Al. 2471 2472 2473 2474 GGN:jk Very truly yours, Lee E. Koppelman Director of Planning CHIEF PLANNER TOWN CLERK 765-3783 Building Dept. Planning Bd. 765-2660 Board of Appeels TOWN OF SOUTHOLD TOWN CLERK'S OFFICE Main Road Southold, N. Y. 11971 Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-B, Sections 239-1 and m, the .. Hoarc~ .of.A~[~lB&~a ............... of the town of.. 8outhold .................. (agency involved) hereby refers the following proposed zoning action to the Suffolk County Planning Commission: (check one) ................ New and recodified zoning ordinance ................ Amendment to the zoning ordinance ................ Zoning changes ................ Special permits ...~. ......... Variances Rein Narma Hyatt Road Southold, New York Appeal No. 2472 11971 Location of affected land: .Er~ya~a..~a~..off..So~..VieM.Av.e~u~,...S.onth~l~,...New...York. within 500 feet of: (check one or more) .....X .......... Town or village boundary line, or shore line ................ State or county road, parkway or expressway ................ State or county park or recreation area ................ Stream or drainage channel owned by the county or for which the county has e~ablished channel lin~. ................ State or county owned parcel on which a public building is situa~d Commen~: Applicant was granted permission to place garage in his legaZ front yard since people who live on the sound consider the property between their houses and roads their back yards. (siened) ..... ........................................................ Tit/e Date received by Suffolk County Planning Commission .................................................................................... File No ................................. TOWN OF SOUTHOLD Building Inspector's Office Town Clerk Building Southoid, N.Y. 765-2660 September 22, 1978 Mr. Vito Randazzo, the builder, has advised me that the garage will be located 85 feet from the road and 10 feet from the westerly side yard. bcc JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS TELEPHONE (516) 765-1801 Southold, L. I., N. Y. 11971 September 5, 1978 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2472, application of Rein Narma for a variance. Also included are notification to adjoining property owners as follows: Ruth Ann Brown, 56 S. Brookside Drive, Toms River, N.J. 08753; Anna S. Gina, 14 East 90th Street, New York, New York; Paul R. Bie, 7 Tompkins Court, Commack, New York 11725. Town Clerk JTT/bn cc:file Enc./ ROBERT C,. ~AfERTZ 257 MIDDLE COUNTRY ROAD - SMITRTO~rN, NEW YORK ! ! 787 August 31, 1978 Town of Southold Building Department Town Clerk's Office Southold, New York 11971 Re: Appeal from Decision of Building Inspector on property owned by Rein Narma Dear Sir: Enclosed herewith please find Appeal form in duplicate, together with Notice served upon all existing neighbors and certified receipts of same. I am also enclosing a copy of the survey and description of property and check in the amount of $15.00 to cover cost of filing same. It would be greatly appreciated if this application could be submitted at the next board meeting, which I understand is September 7, 1978. Thank you for all your courtesies and your kind cooperation. RCW: j g Enclosures ~V~truly yours ROBERT C. WERTZ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTNOLD, N. Y. NOTICE OF DISAPPROVAL FiFe No ................................................................... Date ............................... b.U....~........~...~......, 19Z.~.... · o ........... ....................... PLEASE TAKE NOT CE that your app cpt on dated . ~U~' .~...~ , 19'78 /~c ~s~ ~ ~) ~u,~,~c~ ................................................ for permit to construct .................. ..~. ................... at the premises located at .................................... ...................................................................... Street ...qOdT HO L-I::) . Mop -- Block ......................... ; .................. Lot ...................... ~ ......................... is ~¥u~-~'l '~ t~'"~ looo-$'f - I-I returned herewith and disapproved on lhe following grounds ...~.~.6..~.~.~"'~ .............................. .~.tb.~.J.~..~..q ....... ~.~. 0~,~ ~ ~ ;:~ ~, r~ ~ m~o....~.g.~.> ......... ,, ,~ , .~E~..Y.9.~ ....... 0.~ ....... ~.S.E ....... .E~.~..~2.~.O......~.SL...?..~ ...... E.~.9.~.Z.....X~.~.E ....... Building Inspector BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : 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 Southolcl to request a (Variance) ~1~/~4~1~(~) (the following relief: ~,O OO~ql~ ~ · qir~j~ in my f&'o~t, yard. ~. 2. That the property which i.s the.subject of the Petition is located adjacent to your property and is des- cribed as follows: ~ ~'~lli~,~ &~&~ 3. ThaLthe property which is the subject of such Petition is located in the following zoning district: A Bee~deat~a~ 4. That by such Petition, the undersigned will request the following relief: to ommtruo~ · q&nqe in uy fret y~.d. 5. That the provisions of the SoutholdTownZon_in~ Code applicable to the relief sought by the under- signed are: ~O~ 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 Wat/c. hra)an, newspapers published in the Town of Southold and designated for the publication of such notices; t~yo~or your representatiye have the right to appear and be heard at such hearing. Dated: A~lfl~, 3~., ]~''" . Petitioner NAME PROOF OF MAILING OF NOTICE ADDRESS AHHA S. GZNA i~AUL B.. BZB S6 8. Brookoide E)rLve Tomo P~VOr, #mr 3eroe~ 093'53 3.4 B88~ 90'&h StXOe~ 1~v YOS~, Ilev York. '1, ,r4m~Lnl Z FOR CERTIFIED MAIL--30(~ (plus postage) RUTH ANN BROWN 56 South Brookside Dr~z~ Toms River. New Jers~_v 09753 POSTMARK OR DATE NO INSURANCE COVERAGE PROVIDED-- (S.e o~her s~de) NOT FOR INTERNATIONAL MAIL ,,,'- :;,?~.-~-4,. 3800 N*9 INSURANCE COVERAGE PROVIDED_ (S.. other side) NOT FOR INTERNATIONAL MA;L .:,,. 1,0 INSURANCE COVERAGE PROVIDED-- (See other side) ' NOT FOR INTERNATIONAL MAIL ~ :,-~, - ,t .. STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: ~ , being duly sworn, deposes and says that on the day of ~ 19 ~i , 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 thor respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the curre~ a~e~me~oll~~ of Southold; that said Notices were ms--the United States Post Of- rice at '~~' ~ ''~ ; that said Notices we~ai~o each of said p~rsons by (certified) (~d) mail. ~ .~ /~ . ~ / .~ ~ Sworn t%~e this DESCRIPTION ALL that tract or parcel of land situate at Horton's Point, near Southold, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a concrete monument set at the Southeasterly corner of the premises hereinafter described, on the Northwesterly side of a 50 Foot Private Road; running thence North 64 degrees 50 minutes Westpartly along land of Ragina Bie and partly along land of Ruth B~own, 556 feet to the ordinary high water line of Long Island Sound; thence )forth 34 degrees 42 minutes East along said ordinary high water line, a tie line distance of lO1 feet to land of Anna Gina; thence South 64 degrees 50 minutes East along said land 548 feet to the Northwesterly side of the 50 foot private road mentioned above; thence South 30 degrees l0 minutes West along said private rpad 100 feet to the monument set at the point or place of Beginning. ALSO a right of way over said 50 foot strip of land reserved for a road, abutting the southeasterly line of the premises herein described and thenc~ continuing along th~ southeast?fy line of l~nd ~f said Ju:~i ~4. Li_ ~v ~,e concrete monument set at tne southerly corner of land of said Juell M. Bie; thence said right of way continues 20 feet in width and the southwesterly line of said 20 foot right of way runs from said concrete monument South 64 degrees 50 minutes East 530 feet; thence South 12 degrees 30 minutes East 34.91 feet to the southeasterly line of land now or formerly of Walter E. Hyatt. Also a right of way over the existing roadway from said southeasterly line to Sound View Avenue. - continued - DESCRIPTION ALSO a right of way 20 feet in width from Horton's Lane to the premises, the southeasterly line being described as follows: BEGINNING at a point on the northeasterly line of Horton's Lane 25 feet southeasterly along said line from the point of beginning of the curve in said line as recently altered; running thence on a curve to the left whose radius is 25 feet, and whose center is the point of curve in said line of Horton's Lane, a'distance on said curve of · $g.27 feet; thence wester)y on a curve to the left and ~arallel to the northerly line of Horton's Lane and at all points d~stant 25 feet therefrom, a distance on said curve of 87.54 feet; thence through beach land now or formerly of Walter E. Hyatt, three courses, as follows: 1. North 14 degrees 59 minutes 20 seconds East 181.95 feet; thence 2..North 22 degrees 30 minutes West - 170 feet; thence 3. North 25 degrees lO minutes East 569.42 feet to the southwesterly line of the premises herein described. SUBJECT, however, to a right of way reserved by Walter E. Hyatt over a strip of land 20 feet in width, the southeasterly line of which begins at the terminus of last described right of way and runs across the premises, North 25 degrees l0 minutes East 99.62 feet to other land now or formerly ef Walter E. Hyatt. TOGETHER WITH all of the rights of the Party of the First Part ~nder a certain deed made by Anna S. Gina ~x~du~x dated November 6, 1975, recorded November 26, 1975 in Liber 7949 page 579 ~II~(¢) ~ 33 16 31 SEC NO 130 ~. 0 A (¢)