Loading...
HomeMy WebLinkAbout2209 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 Office, Main Road, Southold, New York on Thursday, November 4, 1976, on the following appeals: 7:30 P.M. (E.S.T.) upon application Of st. Peter's Lutheran Church, Main Road and Chapel Lane, Greenport, New York for a variance in accordance with the Zoning Ordinance, Article I Section 100-40 A (2) for permission to construct a multiple residence dwelling exceeding maximum length. Location of prop- erty: South side CR27 and east side Chapel Lane, Greenport, New York, bounded on %he north by CR27; east by A. Shames and the 'Village of Greenport; south by Main Road (Route 25); west by Chapel Lane. 7:45 P.M. (E.S.T.) upon application of Williams Contracting, Inc. a/c Mrs. Augustus Straussner, Sound Road, Greenport, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory ]building in front and side yard area. Location' of property: Sound Road, Greenport, New York, bounded on the north by Victor ]Drown; east by Time Structure; south by James Gannon; west by Sound Road. 7:55 P.M. (E.S.T.) upon application of George Ahlers, Builder, Inc. a/c Richard and Delores Prieto, 40-32 i96th Street, Flushing, New York for a variance in accordance with the Zoning ordinance, Article III, Section 100-30 & Bulk Schedule for per- mission to construct addition with insufficient setback. Loca- tion of property: Minnehaha Boulevard and Opechee Avenue, Southold, New York, bounded on the north by Opechee Avenue; east by Corey Creek; south by D. Prieto; west by Minnehaha Blvd. Legal Notice Pg. 2 Hearings: Nov. 4, 1976 8:05 P.M. (E.S.T.) upon application of Agnes Reinhart, Main Road, Peconic, New York (William Wickham, Attorney) for a variance in accordance with the Zoning Ordinance, Article XI, Section 100-118 for permission to reinstate the nonconforming use of the premises as a public garage. Location of property: North side Main Road, Peconic, New York, bounded on the north by L. Gozelski; east by G. Berkoski; south by Main Road (Route 25); west by L. Gozelski. 8:20 P.M. (E.S.T.) upon application of Catherine A. Colon, New Suffolk Avenue, Mattituck, New York (William Wickham, Att.) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 & Bulk Schedule for permission to divide premises into two lots with insufficient width and area. Loca- tion of property: south side NeW Suffolk Avenue and West side Ole Jule Lane, Mattituck, New York, bounded on the north by New Suffolk Avenue; east by Ole Jule Lane; south by now or formerl M~. King; west by now or formerly N. Addy. 8:30 P.M. (E.S.T.) upon application of Louis V. and Ruth L. Schmidtchen, Main Road, East Marion, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct additional dwelling on undersized lot. Location of property: south side Main Road, East Marion, New York, bounded on the north by Route 25 (Main Rd.) east by Clara Racke~t; south by Marion Lake; west by M. Billman. 8:40 P.M. (E.S.T.) upon application of Doris Carpenter, 3].40 Peconic Bay Boulevard, Mattituck, New York (William Wickham, AttorneY) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 & Bulk Schedule for permission to divide property with existing buildings. Location of property: south side Peconic Bay Boulevard, Laurel, New York, bounded on the north by Peconic Bay Boulevard; east by now or formerly H. and F. Maxson; south by Peconic Bay; west by now or formerly H. C. Young. Legal Notice Pg. 3 Hearings: Nov. 4, 1976 8:50 P.M. (E.S.T.) upon application of William Beebe, Builder a/c Walter Schwendt, Nassau Point Road, Cutchogue, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory building in front yard area. Location of property: east side Nassau Point Road, Cutchogue, New York; Lots 24, 25, and 26, Map of Nassau Point Properties. 9:00 P.M. (E.S.T.) upon application of Millwood Homes, Ltd., 122 Orleans Lane, Jericho, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 & Bulk Schedule for permission to construct dwelling with insufficient setback. Locatio~ of property: east side Nakomis Road, Southold, New York, bounded on the north by other land of applicant; east by C. Nelson; south by A. Kwasnik; west by Nakomis Road. 9:15 P.M. (E.S.T.) upon application of Earl & Elizabeth Keesler, Colonial Road, Southold, New York and Founders Homes, ~(Rudolph Bruer-, Attorney) Inc., Main Road, Southold, New York/for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to change property lines. Location of property: north side Main Bayview Road, Southotd, New York, bounded on the north by J. A. Abraham; east by M. Dickerson & Sons; south by Main Bayview Road; west by T. Eiring. 9:25 P.M. (E.S.T.) upon application of Ernest E. Wilsberg, 01~ Jule Lane, Mattituck, New York (Gary Olsen, Attorney) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 & Bulk Schedule for permission to divide property with insufficient width and area. Location of property: south side Ole Jule Lane, Mattituck, New York, bounded on the north by Ole Jule Lane; east by W. E. Miller; south by Zebroski; west by H. & E. Wi!sberg. Legal Notice Pg. 4 Hearings: Nov. 4, 1976 9:35 P.M. (E.S.T.) upon application of Edward & Justyna Slaga, 1140 Bay Avenue, Mattituck, New York (Gary Olsen, Attorney) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property into two lots with insufficient width and area. Location of property: Woodcliff Drive, Mattituck, New York, bounded on the north by Bassford, Koehler and Gudson; east by other land of applicant; south by Woodcliff Drive; west by Espensen. 9:50 P.M. (E.S.T.) upon application of Henry J. Smith, Robinson Road, Peconic, New York (Rudolph Bruer, Attorney) for a special exception in accordance with the Zoning Ordinance, Article III, Section 100-30 B (9) and Article I, Section 32-10 for permission to construct marina in "A" District. Location of property: east side Wamp~ Way (Private Road), Southold, New York, bounded on the north by F. Bear; east by Corey Creek and J. Hallock; south by Peconic Bay; west by Wampum Way. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: October 22, 1976 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS PLEASE PUBLISH ONCE, OCTOBER 28, 1976, AND FORWARD THIRTEEN (13) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TO~N BOARD OF APPEALS, MAIN ROAD, SOUTHOLD, N. Y. Copies mailed to the following on October 22, 1976: George Koch & Rev. Coleman, St. Peter's Lutheran Church wi~iiams Contracting a/c Mrs. Straussner George Ahlers, Builder, Inc. a/c Richard & Delores Prieto William Wickham, Esq. a/c Reinhart, Colon, & Carpenter Louis V. and Ruth L. Schmidtchen William Beebe a/c Walter Schwendt Millwood Homes, Ltd. Rudolph Bruer a/c Eo Keesler & Founders Homes; Henry Smith Gary Olsen, Esq. a/c Wilsberg & Slaga 7:55 P.M. (E.S.T.) upon ap- plication of George Ahlers, Builder, Inc. a-c Richard and Delores Prieto, 40~32 196th Street, Flushing, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 & Bulk Schedule for permission to construct ad- dition with insufficient setback. Location of property: Minnehaha Boulevard and Opechee Avenue, Southold, New York, bounded on the north by Opechee Avenue; east by Corey Creek; south by D. Prieto; west by Minnehaha Blvd. 8:05 P.M. (E.S.T.) upon ap- plication of Agnes Reinhart, Main Road, Peconic, New York (William Wickham, Attorney) for a variance in accordance with the Zoning Ordinance, Article XI, Section 100-11B for permission to reinstate the nonconforming use of the premises as a public garage. Location of property: North side Main Road, Peconic, New York, bounded on the north by L. Gozelski; east by G. Berkoski; south by Main Road (Route 25); west by L. Gozelski. 8:20 P.M. (E.S.T.) upon ap- plication of Catherine A. Colon, New Suffolk Avenue, Mattituck, New York (William Wickham, Att.) for a variance in ac- cordanee with the Zoning Or- dinance, Article III, Section 100- 30 & Bulk Schedule for per- mission to divide premises into two lots with insufficient width and area. Location of property: south side New Suffolk Avenue and west side Ole Juie Lane, Mattitunk, New York, bounded on the north by New Suffolk Avenue; east by Ole Juie Lane; south by now or formerly M. King; west by now or formerly N. Addy. 8:30 P:M. (E.S.T.) upon ap- plication of Louis V. and Ruth L. Schmidtchen, Main Road, East Marion, New York for a variance in accordance with the Zoning ~)rdinance, Article III, Section 100~30 and Bulk Schedule for 9ermission to construct ad- litional dwelling on undersized or. Location of property: south ,ide of Main Road, East Marion, ~lew York, bounded on the north )y Route 25 (Main Rd.) east by ~lara Rackett; south by Marion · ake; west by M. Billman. 8:40 P.M. (E.S.T.) upon ap- ~licatinn of Doris Carpenter, 3140 'econic Bay Boulevard, Mat- ituck, New York (William Yickham, Attorney) for a 'ariance in accordance with the ;oning Ordinance, Article III, ,ectinn 100-30 & Bulk Schedule ~r permission to divide property ~ith existing buildings. Location f property: south side Peconic :ay Boulevard, Lam'el, New fork, bounded on the north by 'econic Bay Boulevard; east by ow or formerly H. and F. laxson; south by Peconic Bay; 'est by now or formerly H.C. oung. 8:50 P.M. (E.S.T.) upon ap- lication of William Beebe, uilder a-c- Walter Schwendt, assau Point Road, Cutchogue, ew York for a variance in ac- )rdance with the Zoning Or- nance, Article III, Section 100- for permission to construct 'cessory building in front yard 'ea. Location of property: east te Nassau Point Road, Cut- chogue, ? York; Lots 24, 25 and 26, ..,ap of Nassau Point Properties. 9:00 P.M. (E.S.T.) upon ap- plication of Millwood Homes, Ltd,, 122 Orleans Lane, Jericho, New York for a variance in ac- cordance with the Zoning Or- dinanee, Article III, Section 100- 30 & Bulk Schedule for per- mission to construct dwelling with insufficient setback. Location of property: east side Nakomis Road, Seuthold, New York, bounded on the north by other land of applicant; east by C. Nelson; south by A. Kwasuik; west by Nakomis Road. 9:15 P.M. (E.S.T.) upon ap- plication of Earl & Elizabeth Keesler, Colonial Road, Southold, New York and Founders Homes, Inc., Main Road, Southold, New York (Rudolph Bruer, Attorney) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to change property lines. Location of property: north side Main Bayview Road, Soutbeld, New York, bounded on the north by J. A. Abraham; east by M. Dickerson & Sons; south by Main Bayview Road; west by T. Eiring. 9:25 P.M. (E.S.T.) upon ap- plication of Ernest E. Wislberg, Ole Jule Lane, Mattituck, New York (Gary Olsen, Attorney) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 & Bulk Schedule for permission to divide property with insufficient width and area. Location of property: south side Ole Juie Lane, Mattituck, New York, bounded on the north by Ole Juie Lane; east by W.E. Miller; south by Zebroski; west by H. & E. Wilsberg. 9:35 P.M. (E.S.T.) upon ap- plication of Edward & Justyna Slaga, 1140 Bay Avenue, Mat- titack, New York (Gary Olsan, Attarney~ in~ a variance in ac- cordance with the Zoning Or- dinanee, Article III, Section 100- 30 and Bulk Schedule for per- mission to divide property into two lots with insufficient width and area. Location of property: Weedcliff Drive, Mattituek, New York, bounded on the north by Bassford, Koehler and Gudson; east by other land of applicant; s~h~ Woodcliff Dri~ ?p~cat~dn of Henry J. Smith, ~son Road, Peconic, New York (Rudolph Bruer, Attorney) for a special exception in ac- cordance with the Zoning Or- dinance, Article III, Section 100- 30 B (9) and Article I, Section 32- 10 for permission to construct marina in "A" District. Location of property: east side Wampum Way (Private Road), Southold, New York, bounded on the north by F. Bear; east by Corey Creek and J. Hallock; south by Pecouic Bay; west by Wampum Way. Any person desiring to be liear~-'"- on the above appeats should appear at the time and place above specified. Dated: October 22, 1976 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1TO28--2499 FOLK. ! YORK. ~ ss: ...................... being duly Sworn. is Printer and Publisher of ~he SUFFOLK I newspaper published at Greenport, in said :e notice, of which the a,~exed is u printed blished in the said Suffolk Weekly Times .............. weeks .~ncing on the .* .., ......... 19 .... e this . .... ty: cast side Nakomis' R~ad, Southold, New York, bounded on the north by other land of appli- cant; east by C. Nelson; south by A. Kwasnik; west by Nakomls Road. 9:15 P.M. (E.S.T.) upon ap- plication of Earl & Elizabeth Keesler, Colonial Road, Southold, New York and Founders Homes, Inc.. Main Road, Southold, New York (Rudolph Bruer, Attorney) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to change property lines. Location of property: north side Main Bayview Road, South- old, New York, bounded on the by J. A. Abraham; east by north M. Dickerson & Sons; south by Main Bayview Road: west by T. Eiring. 9:25 P.M. (E.S~T.) upon ~p- plication of Ernest E. Wilsberg, ale Jule Lane, Mattituck, New York (Gary Olsen, Attorney) for a variance in accordance with the Zoning Ordinance, Article Ili, Section 100-30 & Bulk Schedule for permission to divide property with insufficient width and area. Location of property: south side ale Jule Lane, Mattituck, New York, bounded on the north by ale Jule Lane; east by W. E. Miller; south by Zebroski; west by H. & E. Wilsberg. 9:35 P.M. (E.S.T.) upon ap- plication of Edward & Justyna Slaga, 1140 Bay Avenue, Matti- tuck. New York (Gary Olsen, Attorney) for a variance in accord- ance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property into two lots with insufficient width and area. Loca- tion of property: Woodcliff Drive, Mattituck, New York, bounded on the north by Bassford, Koehler and Gudson: east by other land of applicant; south by Woodcliff Drive; west by Espensen. -x9:50 P.M. (E.S.T.) upon ap- plication of Henry J. Smith, Robinson Road, Peconic, New York (Rudolph Bruer, Attorney) for a special exception in accord- ance with the Zoning Ordinance, Article IlI, Section 100-30 B (9) and Article I, Section 32-10 for permission to construct marina in "A' D'strict. Location of proper- ty: east side Wampum Way (Pri- vate Road). Southold. New York, · bounded on the north by F. Bear; east by Corey Creek and J. Hallock; south by Peconic Bay; west by Wampum Way. ~Any person desiring to b~'~-~ heard on the above appeals should appear at the time and place above specified. Dated: October 22, 1976 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS IT-10/2g COUNTY OF SUFFOLK [ ss: STATE OF NEW YORK i Sherley KarT, being duly sworn, soys that she is on 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 o printed copy, has been published in said Long Island Traveler-Watch- man once each week for ............. /. ......................... weeks successively, commencing on the ...~,.~.9~.. ............................ doy of ...[.'..~Y:~.~.( .................. 19"!.~.. Sworn to before me this ....~./. .............. day o* .... ............. FORM NO. 3 0 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No .................................................................. Dote ~ ~ ~9?~ To " ' L ~ PLEASE TAKE NOT CE that your opp cat on dote4 ..................... , ]9 for permit to construct ..[~.~ ............. :t the premises located at ..... ~ ...... ~.~ .~t~d b~--wff,~ :~ disappr~ed on the following grounds ..... ~.~....~.~ ..... L~Z ~...~j ¥ ................. ~ ........ ~ ........................................................................................................ "~" '"'~'u'"'- ........ ........................................................................... .............................. ........... ~..~..~...~.~.~.~ ......... ~...:...Z...J~.~..z..~....~?.z? TEL, 765-2660 Mr. Henry J. Smith Robinson Lane Peconic, N.Y. TOWN OF SOUTHOLD OFFIr':E: OF BUILDING INSPECTOR Towhi r".LERI~'.'S OFFICE SOUTHOLO, hl, Y. 119'71 September 28, 1976 Dear Sir; Upon Complaint of a witness~ Thursday P.M. Sept 23~ 1976 RE: Diggin§ in wetlan~d~ at the easterly side of Wampum Way, subdiwision of Nunek r ~ head of s~w branch of Corey Creek) Southold N.Y.~ and after investigation~ we find the following wiolations of the Code of Town of Southold (Town ordinances): 1. draina~ rin~th_solid metal cover and attached outlet pipe rrm into s/~b~-anch~Corey Creek installed in wetland area without a permit from the Town Board OR Town Trustees~ in Violation of Chapter 97~ Article II, section 97-20 of the Code of Town of Southold. 2. Docksh~ be~en~er~acted with no_q_~~rom the Town Trustees ~n s/w branch of~orey C-reeE~-~n~Violation of Chapter32~ Article ~ section 32-10 of Code of Town of Southold AND no permit from ~ne zoning Board of Appeals for a marina use in the "A" residential- Agricultural zone district in Violation of Capter 100~ Art III~ section 100-30 B (9) of Code of Town of Southold. You are hereby ordered to cease any further work in this subdivisic and or area, and to apply for the required permits within ten (10) days from today- September 28~ 1976~ to the Town Board, Town Trustees and the Zoning Board of Appeals as required by the Code of Tomn of Southold. You may appeal to the Town Board for a formal hearing in this matter within the ten days above noted if you wish. Yours truly Building Inspector JUDITH T. TERRY TOWN CLERK R~GiSTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 TELEPHONE 765-3783 October 6, 1976 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is special exception application No. 2209 filed by Henry J. Smith. Also included is notice to Mr. Franklin Bear, adjoining property owner. Town of Southold Board of Appeals Suffolk County Department of Planning H. Lee Dennison Executive Office Building Veterans Memorial Highway Hauppauge, New York 11787 December 13, 1976 Petitioner: Henry J. Smith Mun. File No.: 2209 S.c.P.D. File No.: SD-76-17 Gentlemen: Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the above captioned application which has been referred to the Suffolk County Planning Commission is considered to be a matter for local determination. The decision of local determination should not be construed as either an approval or a disapproval. Co~ents: With the understanding that: (1) the boat basin will be restricted for use only by owners and residents of property in'"Nunnakoma Waters"; and (2) Com- pliance with any conditions setforth by the N.Y.S.D.E.C. as regards the "Tidal Wetlands Act". It would further appear necessary to prohibit erection of any addit- ional docks until '~uch time as an overall plan for the basin has been submitted to and approved by the Town Trustees. The number of boats accommodated in the basin should be consistent with environmental constraints and available area, not exceeding twenty two. GGN:fp Very truly yours, Lee E. Koppelman Director of Planning by Southold Town Board of Appeals SOUTHOLD, L. I., N.Y. 11c~71 Telephone 765-9660 APPEAL BOARD MEMBE~ Rob¢~ W. Gillisple, J~,Chairman Robe~ Bergen Charles Grigonis, Jr. Serge Doyen, Jr. Fred Hulse, Jr. Mr. Gerald Newman Suffolk County Planning Commission Dennison Building County Center Hauppauge, NY 11787 December 7, 1976 Re: Appeal No. 2209; Henry J. Smith. Dear Mr. Newman: With regard to your letter of November 22, 1976, enclosed please find the following: Board of Appeals Copy of approved minutes of November 4th hearing. Copy of unapproved minutes of December 2nd hearing. Letter of November 26th from the Board to Rudolph Bruer, Esq. Board of Trustees Copy of approved minutes of November 1st meeting. Letter of November 8th to the Town Board. Letter of December 7th to the Board of Appeals. Rudolph Bruer, Esq., attorney for Henry Smith Letter of December 6th to the Board of Appeals Covenants and Restrictions for Nunnakoma Waters Survey listing owners of docks. Typical deed from Henry Smith to subdivision lot Copy of Mr. Smith's deed. owner. Also enclosed are referrals for Lillian Qualls, Rosemarie Burnside, Greenport Board of Education, and Frank and Frances Rizzo. Yours ~ul¥~ M/ar~E. Dawson Secretary December 6, 1976 Southold Town Board of Appeals Main Road Southold, New York 11971 Re: Henry J. Smith; Appeal No. 2209 Dear Mr. Gillispie; In accordance with your letter of November 26, 1976 and our conversations of December 2, 1976 enclosed please find the following: 1. Survey of A. W. Lewandowski identifying the owners of the existing six docks. 2. Copy of a typical deed from Mr. Smith to a purchaser. 3. Copy of Covenants and Restrictions Nunnakoma Waters. 4. Copy of deed showing Mr. Smith's source of title. New York State Department of Environmental Conservation has made no findings or recomendations regarding this matter. Sinc~.the~x~sting'dodks were . built by individual lot owners and not Mr. Smith we do not know their construction dates. If you need any more information please let me know and I will try and get it for you. ~~,/Bu~o£phWH. Br~ Covenants and Restrictions - Nunnakoma Waters 1. That only one single family dwelling house for residential purposes containing at least 1200 square feet of living area, and a private garage for family use only, shall be built on these premises. No trailer, tents or camping shall be permitted, and no occupancy of any such dwelling house shall be permitted until the outside and the roof shall be fully and completely finished and painted. Plans and Specifications must be approved by the grantor prior to construction. 2. No trade, c~aft, business, manufacture, industry, commerce or profession (medical and dental professions permitted) including hotels, boarding and rooming houses, shall be conducted on said premises. e e e No nuisances nor noises of any kind unwholesome and offensive to the neighborhood, shall be permitted to exist on said prem- ises, nor shall any accumulation of rubbish, garbage, junk or materials of any kind be permitted to remain on said premises. No advertising signs, billboards or other sign devices shall be permitted on any of said lots, excepting a developer's sign or a "for sale" or "for rent" sign of reasonable dimensions. No fowl, poultry, animals or livestock shall be kept on said premises except domestic household pets.. Said premises shall be subject to electric, electric light, gas, water, and telephone easements on the surface or below the surface along the roadway or lane adjacent to said premises. No sand, earth or sod shall be removed from the premises, or excavation be allowed to remain open thereon, except as may be necessary during building construction periods. No fence shall be erected or maintained on any ±ot over four feet in height. Fences shall be picket, ranch type or privet only. No title in and to the bed of any private road on said tract of land bordering said premises is herein conveyed to the grantee. The grantor retains the said title, and also the right to dedicate and convey the said title to the Town of Southold, or in.his sole discretion, to convey said title to an association of owners of lots of said tract. The grantee herein agrees to pay a beach maintenance charge annually, not to exceed $25.00, to the grantor, his heirs or assigns, for the upkeep of the beach area and the approach to it, as shown in said map. In the event the grantor, his heirs or assigns, conveys said approach road and beach area to an associ- tion of the then owners of lots as shown on said map, said association shall thereupon become the obligee of this covenant. The said covenants and restrictions are hereby declared to be covenants and restrictions attached to and running with the land, and shall expire on January, 1983. CONSULT yoUR LAWYER BIIqNM/SIGNING THIS INSTRUMINT. THIS INSTRUMMiIr SHOULO II USlO IY LAWYBIS ONLY THIS INDENTURE, made the 12thday of ~snuery , nineteen hundred and OeVOIJty'Otle BET~T~ J. BIll,H,' residing at RobinsOn Road (no number), Peco~lo, Hew York 11958, /- / 3--7 / party~a~q~R! and ~ SCt~RRI, his wife, both reeiding at 629 Iorth Brierwood Avenue, West Islip, New York 11795, party of the second part, WITNF~qSETH, that the party of the first part, in consideration of dollars, lawful money of the United States, ~nd othor cjoo~ &n~ ve~.glable ~oneiderat:l. ol~e paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildhags and improvements thereon erected, situate, xxxx at Southold, Town o£ SouthoLd, County o£ Su££o~k l~qf~ I~f~l~eyork' known and designated aG Lot IS. 11 on Mp ~itled "Nap of lunnakmua Waters at Southold, l. Y.", filed in the o££1ce o~ the Clerk o£ the County of Su££olk ~uly 9, 1968 Nap lo. 5126. Subject to CoVenants and Restrictions recorded in Libor 6S13 et Page 168 on ~4arch 3, 1969 a copy of which Is at~ached hereto. THIS INDENTURF~ made the 15th day of December , nineteen hund~d and siXty-five BETWEEN ~STANTON MOTT and GLADYS M. MOTT, his wife, both residing at ~Laughing Water (no number)Southold, New York, ~1~.~ HElqRY J. SM'rTH, residing at Robinson Road (no number), Indian Neck, Peconic, New York, party of the second part, WITN~$ETH, that the party of the first part, in consideration of Ten ($10.00) ................................................. dollars, t lawful money of the United States, and other good and valuable consideration paid b~' the party of the second part, doe~ hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being~r~r at South HarBor, Southold, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at an iron pipe on the westerly line of Minnehaha Boulevard marking the division of land of Rios and land of Stanton Mott and Gladys M. Mott, his wife; running thence along the said westerly line of Minnehaha Boule- vard S. 8° 00' E. 70.00 feet to a monument and land of Biegan; running thence along said land of Biegan S. 80a 56' W. 101.95 feet to a monument; running thence along land of Biegan, Prieto, Palombella and Bulge! S. 12° 45' 00" E. 295.41 feet to a monument; running thence along said land of Bulger N. 81° 01' 30" E. 130.91 feet to the westerly line of Minnehaha Boulevard; running thence along the said westerly line of Minnehaha Boulevarc S. 25° 00' E. 72.15 feet to a monument~ running thence (1) S. 80° 48' (2) S. 76° 27' (3) S. 10° 41' along land of Halleck three courses as follows: 30" W. 146.25 feet to a monument; 00" W. 148.50 feet to a monument; 00" E. 1018.37 feet through a monument and across Corey Creek to the ordinary high water mark of Hog Neck Bay; running thence along the ordinary high water mark of Hog Neck Bay, the tie line of which course is N. 61° 39' 10" W. 572.36 feet to land of Williams and Terry; running thence along said last mentioned land, two courses as follows: (1) N. 3° 11' 20" W. and through a monument 945.62 feet to a monument; (2) N. 61° 20' 10' W. 196.50 feet to a monument and land of Ball enger; runr~ing thence along said land of Ballenger N. 14° 40 '30" E. 101.60 feet to land of Pearson; running thence along said land of Pearson three courses as follows: (1) N. 86° .19' (2) N. 89° 12' (3) N. 4° 07' 30" E. 22.91 feet; 00' E. 269.40 feet; 10" W. 18.00 feet to a monument and land of Woodward; running %hence along the southerly boundary of land of Wood- ward, which boundary is also the northerly line of an old road, the tie line of which runs N. 83° 59' 50" E. 273.06 feet to an iron pipe and land of Rios, first above mentioned; RUnning thence along said land of Rios N. 80° 52' 007 E. 107.76 feet to the iron pipe on the westerly line of Minnehaha Boulevard at the point or place of BEGINNING. 'I~)C~I~THF.~ with all ~t, ~e and ~ter~t, ii ~y, ot ~e ~ oi ~e ~rst ~ ~ ~d to ~y ~ ~d r~ds abuRing ~e above descried premises to ~e c~ter lines ~ereof, ~~ ~ ~e appuR~nces ~d ~I ~e es~te ~d rights of ~e ~ of ~e first ~ in ~d ~ ~d pr~i~, ~ HAVg g ~ ~!~ ~r~e~ ~ted ~to &e ~ of ~e s~d ~R, ~e hgrs or su~rs ~d ~i~ of ~e ~ of ~e ~nd ~R io~. A purchase money mortgage was made by the grantee herein to the grantors herein of even date herewith in part payment of the consideration for this conveyance. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WI'rNF.~$ WHF.,RF. OF, the party of the first part has duly exectsted this deed the day and year first above written. (L. S.) (L.S.) Telephone 516 - 765-3783 BOAR ?11971 December 7, 1976 Southold Town Zoning Board of Appeals Town Clerk's Office Main Road Southold, New York 11971 Gentlemen: Please be advised that all of the docks at the boat basin in the subdivision "Nunnakoma Waters", Corey Creek, developed by Henry Smith have been approved by the Board of Southold Tow~ Trustees under separate applications of the individual dock owners as required by us. The approvals for these docks were granted at ou~ regular meeting held on December 6, 1976. Very truly yours, ~i~ary Board of $outhold Town Trustees cc:file Telephone 516 - 765-3783 BOARD., Or- Town TRUSTEI:S TOwN OF SOU'FHoLD · §~JFFOLK COUNT55 !: Southold,"lA I., N. 'Y.i '11971 November 8, 1976 Southold Town Board 16 South Street Greenport, New York 11944 Gentlemen: Please be advised that the following resolution was passed by the Board of Southold Town Trustees at a regular meeting held on November 1, 1976: "IT WAS RESOLVED that the Board of Southold Town Trustees favorably recommends the approval of Wetlands Application No. 26 by Henry C. Smith for permission to install drainage ring at Wampum Way, Corey Creek, Southold, N.Y. We suggest that you confer with the Highway Superintendent and Building Inspector as to the adequacy of the existing drainage basin to determine whether it is adequate for the amount of drainage that exists to prevent run-off into the southwest branch of Corey Creek. If the present drainage basin is not adequate; then it should be suggested to the o~rner that an additional basin be installed. If this is necessary, the additional basin should be installed at the proper location and be of the proper size so as to prevent run-off into Corey Creek. Respectfully submitted, Alvah B. Goldsmith, Chairman Board of Southold Town Trustees ABG/bn cc:file Board of Appeals Southold Town Board o£ Appeals SOUTHDLD, L. I., N, Y. 11971 Telephone 765-~660 APPEAL BOARD MEMBERS Robert W. Gillispie, Jr., Cheirm,~n Robert Bergen Charles C~rigonis, Jr. Serge Doyen, Jr. Fred Hulse, Jr. November 26, 1976 Rudolph Bruer, Esq. Main Road Southold, NY 11971 Re: Henry J. Smith; Appeal No. 2209 Dear Mr. Bruer: We have recently received notice from the Suffolk County Planning Commission that they require further information on the above captioned appeal. Please forward the following items to this office as soon as possible: Findings and recommendations of the New York State 'Department of Environmental Conservation relative to the "Tidal Wetlands Act." Copies of the deed and subdivision filing require- ments for the map of "Nunnekoma Waters." 3. Construction dates of the existing boat basin and docking facilities. Your prompt attention to this matter will be greatly ap- preciated. Very truly yours, Robert W. Gzllzspie, jr.~/// ~ Chairman RWG:med co: Town Attorney Suffolk County Department of Planning H. Lee Dennison Executive Office Building Veterans Memorial Highway Hauppauge, N~ York 11787 November 22, 1976 Town of Southold Board of Appeals Petitioner: Henry J. Smith Zoning Action: Mun. File No.: 2209 Gentlemen: Please be advised that pursuant to Sections 1323 to 1332 of the Suffolk County Charter, the above captioned application will not be reviewed because of noncompliance with requirements for notice and maps as stipulated in Informational Bulletin No. 8 of the Suffolk County Planning Commission. The following information will only be accepted upon submission through the offices of the municipal referring agency: Please submit: (1) Minutes of the public hearing; (2) findings and rec- 'ommendations of the NYS DEC relative to the "Tidal Wetlands Act"; (3) Copies of the deed and subdivision filing requirements for the map of "Nunnakoma Waters"; (4) Construction date(s) of the existin~ boat basin and dockin~ facilities; amd (5) Preliminary findings of the Board of Appeals. Thank you. GGN:fp Very truly yours, Lee E. Koppelman Director of Planuing COUNTY OF SUFfOLkS) DEPARTMENT OF HEALTH SERVICES MARY C. MCLAUGHLIN, M.D., M.P.H. November 17, 1976 John Wickham, Chairman Southold Town Planning Board Southold, New York 11971 Re: Nunnakoma Waters Dear Mr. Wickham: Your letter of November 12, 1976, regarding the above referenced sub- division, has been received. As you are aware, the developer requested a hearing before the Department of Health Services Board of Review to appeal the condition imposed on the map of Nuhnakoma Waters by the Department of Health Services when the map was processed for our approval in 1968. On September 14, 1976, the developer and his attorney appeared before the Board of Review and presented evidence of the availability of fresh water on the lots in questiont This evidence consisted of test well water sample analyses for test wells on lots 5, 6 and 8. Lot 4 was sold with lot 3 and was not part of the developer's appeal. All the data presented was documen- ted by our field staff and the water analyses were performed by our labora- tory on samples collected after pumping each of the wells for at least one hour at a minimum rate of five gallons per minute. The depths of the wells and static water levels were obtained by our inspector at the time of the field inspection and sample collection. The Board of Review considered the data submitted, a statement from the public water supplier that there was still no plans to extend the water mains into this area and the original test well results on which approval for the other lots was based. The data submitted does indicate a substantial change in the quality and quantity of fresh water available to these lots and the Board of Review~s determination was to grant the request for the use of private wells on these lots. The Board of Review would not have ruled for the applicant if it felt that seasonal fluctuations in the water level would result in water problems for the future homeowners on these lots. C Mr. Wickham - 2 - Nov. 17, 1976 The procedure followed was in accordance with subdivision (c), Sec- tion 7, Article 1, of the Suffolk County Sanitary Code, reproduced below for your reference. "(c) The commissioner may establish a board of review within the department, and rules of procedure to govern the operation thereof. Such board shall consist of not less than three nor more than twenty persons, three of whom shall be designated to hear and report each appeal from the determination of a deputy or application for a variance. In any case where an applicant for a permit or approval is dissatisfied with a determination of a deputy authorized to act for the commissioner, or seeks a variance from the strict application of the letter of the standards promulgated pursuant to this code, he may appeal from the determination of the deputy or for constdera- tion of his application to the board of review. Such board shall be promptly designated and convene, hear the applicant and his witness, the deputy and other members of the staff or consultants, con- sider the evidence and exhibits adduced, and make a determination of the hearing. The action, order or determination of the Board of Review shall be forthwith filed in the office of the commissioner and unless reversed or modified by him within three work days after such filing, shall be deemed to be the action, order or determination of the commissioner. In all appropriate cases, proceedings before the Board of Review shall be deemed to be an administrative remedy and as such a prerequisite to the institution of a special proceeding against the commissioner pursuant to the civil practice law and rules." As you can see by the last sentence of the second paragraph, the deter- mination of the Board of Review is deemed to be the determination of the Commissioner and as such cannot be overruled on this level. The position of the Southold Town Planning Board has no bearing on the determination of the Commissioner and you are certainly free to follow any course of action which you and your Board feel appropriate. Very truly yours, Robert A. Villa, P. E. Chief General Engineering' Services RAV:cah JOHN WICKHAM, Chairman FRANK S. COYLE HENRY E. RAYNOR, Jr. FREDERICK E. GORDON JAMES WALL P T D Southold, N.Y. 11971 November 12, 1976 TELEPHONE 765-1313 Supervisor Albert M. Martocchia 16 South Street Greenport, New York 11944 Re: Nunnakoma Waters Dear Supervisor Martocchia: It has been brought to our attention that the developer of this subdivision has some time ago created a canal and boat basin without complying with either the requirements of the Trustees or the Department of Environmental Conservation. This developer has also filled wetlands and some time in the past has constructed unauthorized drainage structures in the area adjacent to the proposed basin and private beach. In the very recent past, he has constructed additional drainage structures in violation of Planning Board requirements and of Town require- ments. It is our understanding that some of these projects will come before the Town Board and the Town Trusteessome time in the future and we feel that it should be clearly understood that, although a proposed basin is shown on the approved subdivision map, that this does not constitute authority to circumvent the requirements of any other agency. Yours truly, John Wickham, Chairman JW/mb Copies to Justice Demarest Justice Suter Councilman Rich Councilman Homan Justice Doyen ~oWn Trustees ard of Appeals Town Attorney Building Department Dept. of Environmental Conservation JOHN WICKHAM, Chairman FRANK S. COYLE HENRY E. RAYNOR. Jr. FREDERICK E. GORDON JAMES WALL P T D Southold, N.Y. 11971 November la, 1976 TELEPHONE 765-1313 Rudolph Bruer, Esq. Main Road Southold, New York 11971 Re: Nunnakoma Waters Dear Mr. Bruer: It has been brought to our attention that the developer of this property has appealed to the Suffolk County Department of Health for approval to sell lots 4, 5, 6, 7 and 8 on the basis that two or more of these lots have satisfactory water at this time. Please be advised that as a condition of the approval of this subdivision, the developer agreed that he would retain ownership of lots 4, 5, 6, 7 and 8 until such time as public water is available to these lots and it is so noted on his subdivision map. Regardless of whether the County Department of Health approves these lots, the developer has entered into an agreement with this board and we will not release him from it at the present time. Accordingly, we are requesting the building inspector to not issue any building permits for these lots. Yours truly, John Wickham, Chairman Southold Town Planning Board JW/mb / Copies to'Board of Appeals Building Inspector S. C. Dept. of Health ~ R, PaNELLA -- t I DICKZNSON AVE ~"~ YONKERS~ N.Y. ~o?o~ TOWN CLERK 765-3783 Building Dept. Planning Bd. 765-2660 Board of Appeals 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 .... RO~r~I~ .of. A~peal~ ............. of the town of ....... ~O1/.t~(~[d .............. (agency involved) hereby refers the following proposed zoning action to the Suffolk County Planning Commission: (check one) ................ New and recodified zoning ordinance Henry J. Smith ................ Amendment to the zoning ordinance [~,o]DinsoI1 ~,oad Peconic, NY ................ Zoning changes ..... ~ ....... Special permits ................ Variances Location of affected land: ....... ]~/.S...~*m~l/.~L..WB.y....~r. ilJ'Zl.t~- ..]~tarl )..~...So.u:I~hO,I,~...NY ............. within 500 feet of: (check one or more) ................ 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 established channel lines. ................ State or county owned parcel on which a public building is situated X Shoreline The Board wanted to further investigate this matter, and postponed decision until December 2, 1976. Robert W. Oillispie, Jr. Chairman Title Date received by Suffolk County Planning Commission .................................................................................... File No ................................. O O BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of HENRY J. SMITH to the Board of Appeals of the Town of Southo~d TO: Mr. Franklin Bear NOTICE YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (~Ji~ (Special Exception) (:g~i~P,~fae.q~.tt,.~i~gc_,,~ ). 2. That the property which is the subject of the Petition is located adiacent to your property and is des- cribed as follows: Private boat basin located Nunnakoma Waters, Southold, New York 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: to allow the existing docking facilities to remain at private boat basin, signed Nunnakoma Waters, Southold, New York, and also permit for existing dredging $.~hatthepr~visi~ns~ftheS~uth~~d~~wnZ~ningC~deapp~icab~et~there~iefs~ughtbytheunder- are: Article III Section 100-30 B (9) and Article I Section 32-10 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: October 5, 1976 Petitioner / ~t'~ry J. Smith Post Office Address Robertson Road Peconi¢, New York 11958 O O NAME PROOF OF MAILING OF NOTICE ADDRESS Mr. Franlin Bear 3495 Bay Front Drive, Baldwin, New York 11510 STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS. ' Bessie L. Austin , residing at (no number) Terry Place, Southold, New York , being duly sworn, deposes and says that on the 5th day of October ., 19 76 ., deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- rice at Southo ld, New York .; that said Notices were mailed to each of said persons by (certified) (l~i~q~ mail. Swor~4o~efore me this 5th d~y~o[ / Oc~c~eF /,~- 76 ~,~"X~ - '11 ' ' · v -- /J VNotary Public RUDOLPH H. BRUER NOTARy PUBLIC, State of New York No, 52-0465530. $~ttolk Coun[y · ,remission Expires March 30, 197~ CTOWNOF $OUTHOLD, NEW YORK O APPLICATION FOR SPECIAL EXCEPTION APPUCATION NO? DAr= TO THE ZONING BOARD OF APPEALS, SOUTHOLD, N. Y. Name Street and Number Municipality State hereby apply to THE ZO1NING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE ARTICLE III SECTION 100-30 B (9) SUBSECTION THE SPECIALEXCEPTIONISREQUESTEDBECAUSE only two boats other than those owned by Henry J. Smith would be allowed in this private boat basin, which was set aside for the owners of property located in Nunnakoma Waters, which said boat basin was approved by the Southold Town Planning Board when it signed the subdivision map for Nunnakoma Waters, said boat basin being located on said filed subdivision map ~5126. The exception is necessary to allow the continued use of the residents of Nunnakoma Waters the use of the private boat basin facility, all in accordance with the filed subdivision map as executed by the Southold Town Planning Board. STATE OF NEW YORK ) COUNTY OF SUFFOLK ) RUDOLPH H, BRU£1~ x NOTARY PUBLIC. State of New¥o]~ No. 52-0465530 - Suffo~k Counly Commission Expires March 30, 1972 FORi%I ZB2 I C TOWN OF SOUTHOLD (UNDERWATER LAND) IO 98.0 A (c} SEE SEC. NO. 133 NECK