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HomeMy WebLinkAbout1987 Appe~ No. 1987 ACTION OF THE ZONING BOARD OF APPEALS OF TI{E TOWN OF SOUTHOLD To Andrew Galgano, Sr., Andrew Galgano, Jr., Carol Galgano 162 Park Avenue Bethpage, N. Y. TO~N OF SOUTHOIA), NEW ¥OEK DATE .~a~.A....9..,. 1975 ACXION OF THE ZONE~G BOAI%D OF APPEA~$ Dated December 2, 1974 Appellant at a meeting of the Zoning Board of Appeals on January 9, 1975 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 ( ) the appeal 1. SPECIAL EXCEPTION. By resolut~n of the Board ~ was determined th~ a speci~ exception ( ) be gra~ed ( ) be denied pursuit W ~ticle .................... ~c~on ....................Subsection .................... paragraph .................... of the Zoning Ordinance and. the decision of the Building I~pector ( ) be reversed ( ) bc co~irmed b~au~ 9:30 P.M. (E.S.T.) upon application of Andrew Galgano, Sr., Andrew Galgano, Jr., Carol Galgano, 162 Park Avenue, Bethpage, N. Y., for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Section 280A Town Law, for permission to divide lot and for approval of access because of lack of approved access. Location of property: R.O.W. off northeast side of Westphalia Road, Mattituck, New York, bounded on the north by Howard Creek; east by now or formerly Gimbernat; south by Penny & Schutt; west by Schutt & Others. Fee paid $15.00. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical hardship because difficulties or unnecessary SEE REVERSE (b) The hardship created (is) (ks 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 variance (does) (does not) observe the spffit of the Ordinance and (would) change the character of the district because (would net) SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE ~ ~ ~-. _ /Z~ BOARD OF A~-~ALS/'~ ~ ~~ t~rjor~-McDedott, Secretary After investigation and inspection the Board finds that applicant requests permission to divide lot and for approval of access because of lack of approved access on property located on R.O.W. off northeast side of Westphalia Road, Mattituck. The findings of the Board are that the proposed lot will be approximately 40,000 sq. ft. in area, and the waterfront lot which has an existing house and garage is approximately 60,000 sq. ft. Applicant wishes to erect a one family dwelling on the 40,000 sq. ft. lot and asks for approval of access from Westphalia Road. In addition, the waterfront lot will have a right of way over the rear lot to allow ingress and egress, and also, the rear lot to have a right of way to the water. The Board agrees with the reasoning of the applicant. 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 this 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. THEREFORE IT WAS RESOLVED, Andrew Galgano, Sr., Andrew Galgano, Jr., Carol Galgano, 162 Park Avenue, Bethpage, N.Y. be GRANTED permission to divide lot and be GRANTED approval of access, as applied for. Vote of the Board: Grigonis, Hulse, Doyen. Ayes:- Messrs: Gillispie, Bergen, LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the To%rn Law and the provisions of the~Amended Building Zone Ordinance of the Town of Southotd8 Suffolk County~ New York~ public hearings will be held by the Zoning Board of Appeals of the Town of Southold~ af the Town Offices Main Road~ Southold~ New York~ on January 9~ 1975, on the following appeals: 7~45 PoMo (E~SoT~) upon application of Harvey Bagshaw~ Deep Hole~ Drive~ Mattituck~ New York for a variance in accordanc~ with the Zoning Ordinance~ Article V~I~ Section 100~70 (B) for permission to construct Body Shop on property which may not be 300 feet from a residential zone on the Bray Avenue side of ~he street° Location of property: N/S ~ain Road~ Laurel (Disto ll}~ New York~ bounded on the north by Jo O~Connell~ east by A~ Goodale~ south by Main Road~ west by J~ O~Connello S:t5 ~o~o ~EoSoTo) upon application of Angelo Petrucc~ Bay Avenue iSkunk Lane) ~ Cutchogue~ New York for a variance accordance with the ~oning Ordinance~ Article ~I~ Section !00-30 (C) and t00~32 for permission to construct private garage ~n the front yard area of the loto Location of property~ S/S of Bay Avenue (Skunk Lane) ~ bounded on the north by Bay Avenue ~Skunk Lane}~ ess% by other land of appLicant~ south by ~roadwater Cove/Grah~ west by otker l~d of appilcant~ 8:30 PoMo (E.SoTo) upon application of Valentine Ruch IV~ ~uch Lane~ Southoid~ New York for a variance in accordance with the Zoning Ordinance~ Article 2iI~ Section 100-30 and Bulk Schedule~ and Section 100~12~ ~or permission to construct drain s~p which will reduce width of Lots 2 and 3o Location of property: Lots 2 and 3~ ~ap of Shorecrest~ south side CE 27~ Southold~ New York~ Leaal Notice Page 2 8:45 P~Mo (E.S~T~o) upon application of Beryl Steadman~ Sound Avenues Mattituck~ New York for a variance in accordance with the Zoning Ordinance~ Article III~ Section 100-35~ for permission to construct front yard fence over four feet° Location of property: N/S Sound Avenue~ Mattituck~ bounded on the north by E. Gilles; east by H~ Gilbourne~ south by Sound Avenue~ west by Long Island Lighting Company° 9:00 PoMo (EoSoT.) upon application of LeRoy and Martha Paul~ 240 Billard Road~ Cutchogue~ New York for a variance in accordance with the Zoning Ordinanc~e, Article III~ Section 100-30 (C) {5) for permission to, accessory building (stable) on existing foundation which ms not in required rear yard area° Location of property: E/S Billard Road~ Cutchogue~ New York~ bounded on the north by Stoutenberg~ 3illard Road° 9:15 PoMo (EoSoTo) east by Hei~man~ south by Heitman~ west by upon application of Catherine Wo Drake~ 3050 Fairwa~ Orlve~ Cutchogue~ New York for a variance in accord- ance with the Zonmng Ordinance~ Article i!!~ Section 100-30 (C) and 100-32 (A) for permission to construct antenna mast of excessive height° Location of property: Lot 16~ Fairway Farms~ Fairway Drive~ Cutchogue~ New York~ 9:30 Po~o (EoSoT~) upon application of Andrew Galgano and Others~ 152 Park Avenue~ Bethpage~ New York for a variance in accordance with the Zoning Ordinance~ Article iII~ Section 100-30 i eu%d Section 280A Town Law~ ~or permission to divide lot and for approval of access because of lack of approved access~ Location of property: RoO:Wo off northeast side of Westphalia Road~ by now or S~nut= and New York~ bounded on the north by Howard Creek~ east formerly Gimbernat~ south by Penny & Schutt~ west by Others° LEGAL NOTICE existing building with insufficiem Notice of Hearings width and ' · Location of pro- Pursuant to Section 267 of the petty: Non. ,~ Private Road- Law and the provisions of North Drive, bounded on the COUNTY OF SUFFOLK [ ss: the Amended Building Zone Ordi- north bv Long Island Sound; east ~ STATE OF NEW YORK j nance of the Town of Southold, by W. Johnson; south by North Suffolk County, New York, public View Drive (Pvt. Rd.); west by hearings will be held by the Helen Hass. Zoning Board of Appeals of the 10:00 P.M. (E.S.T.) upon ap- Town of. Southold, at the Town plication of Richard Cron, Esq. Sherley Katz, being duly sworn, soys that she is an Office, Main Road, 5outhold, a/c Ivan T. Honnett, Orchard Editor, of THE LONG ISLAND TRAVELER - MA'I-I'ITUCK New York, on January 9, 1975, on Street, New Suffolk, New York for appeals: a variance in accordance with the WATCHMAN, o public newspaper printed at Southold, 7:45 P.M. (E.S.T.) upon ap-Zoning Ordinance, Article III, plication of Harvey Bagshaw, Section 100-31 and Bulk Schedule in Suffolk County; and that the notice of which the Deep HoleDrive/Mattituck. New for permission to alter and rebuild onnexed is o printed copy, has been published in said York for a x~ariance in accordance dwelling on non-conforming lot with the Zoning Ordinance with two existing dwellings. Loca-L°ng Island Troveler-Mottituck Watchman once each Article VI1, Section 100-70 (B) (i tion of property: Orchard & Third ,/~4~ . ~ //, for permission to construct Bad: Streets, New Suffolk, New York, week for ...................-..,.,:.~...~., ................. ~ .............weekS Shop on property which may no bounded dn the north by Orchard ' 1 ) . [ be 300 feet from a residenfia Street;eastbyThirdStreet; south;uccessively, commencing on the ................. :..,..~.: .............. zone on the Bray Avenue side o by Helen Kapp; west by G. ~ · . the street. Location of property Lombardi. :lay of ........... /....,~ ...... ~ .............. , ]9~:./.:?... N/S Main Road, Laurel (Dist. 11) 10:15 P.M. (E.S.T.) upon ap- New York, bounded on the nortl plication of William J. Clark, esq. by J. O'Connell; east by A a/c Wilfred & Anna Corw~n, Goodale; south by Main Road Factory Avenue. Mattituck, New west by J. O'Connell. York for a variance in accordance 8:15 P.M. (E.S.T.) upon ap- with the Zoning Ordinance, ~lication of Angelo Petrucs~i, B_a?_ Article Ill, Section 100-30 and Bulk Schedule for permission to Avenue (Skunk Lane), Cutch- divide odd shaped tot resulting in ague, New York for a variance in a reduction of public road front- accordance with the Zoning Or- dinance, Article Ill. Section age and area of remaining lot. Location of property: Factory 100-30 (C) and 100-32 for per- m~ssion to construct private Avenue, Walnut Place, Sound Avenue, Mattituck, New York, garage in the front yard area of bounded on the north by Yar- the lot. Location of property: S/S of Bay Avenue (Skdnk Lane), russo; east by Walnut Place; south by Corwln; west by Factory bounded on the north by Bay Avenue. Avenue (Skunk Lane); east by 10:30 P.M. (E.S.T.) upon ap- other land of applicant; south by plication of Rudolph Bruer, Esq., Cove/Graham; west a/c Anne C. Lemley, Bay Ave- by other land of applicon{, hue. East Marion, New York for a 8:30 P.M. (E.S.T.) upon ap- variance in accordance with the of Valentine Ruch IV, Zoning Ordinance, Article Ill, Ruch Lane, Southold, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Sched- ule, and Section 100-12, for per- mission to construct drain sump which will reduce width of Lots 2 and 3. Location of property: Lots 2 and 3, Map of Shorecrest, south side CR 27, Southold, New York. 8:45 P.M. (E.S.T.) upon ap- of Beryl Steadman, Sound Avel~6e, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article II1, Section 100-35, for permission to construct front yard fence over four feet. Location of property: N/S Sound Avenue. Mattituck, bounded on the north by E. Gilles; east by H. Oil- bourne; south by Sound Avenue; west by Long Island Lighting Company. 9:00 P.M. (E.S.T.) upon ap- plication of LeRoy and Martha Paul, 240 Billard Road, Cutch- ague, New York for a variance in accordance with the Zoning Ordi- nance, Article IlL Section 100-30 (C) (5) for permission to construct accessory building (stable) on existing foundation which is not in required rear yard area. Loca- tion of property: E/S Billard Road, Cutcbogue, New York, bounded on the north by Stouten- berg; east by Heitman; south by Heitman; west by Billard Road. 9:15 P.M. (E.S.T.) upon ap- plication of Catherine W. Drake, 3050 Fairway Drive, Cutchogue, New York for a variance in ac- cordance with the Zoning Ordi- nance, Article Ill, Section 100-30 (C) and 100-32 (A) for permission to construct antenna mast of ex- cessive height. Location of pro- perty: Lot 16, Fairway Farms, Fairway Drive, Cutchogue, New York. · 9:30 P.M. (E.S.T.) upon ap- n of Andrew Galgano and others, 162 Park Avenue, Beth- page. New Yqrk f0Y a variant9 L9 accordance Wi~h tile Zoning Ordi- nance, Article II1, Section 100-30 and Section 280A Town Law, for permission to divide lot and for approval of access because of lack of approved access. Location of property: R.O.W. off northeast side of Westphalia Road, Matti- tuck, New York, bounded on the north by Howard Creek; east by now or formerly Gimbernat; south by Penny & Schutt; west by Schutt and Others. ~ 9:45 P.M. (E.S.T.) upon ap- plication of George Stankevich, Esq., a/c Edna Doll, Byown's Hills Estates. Orient. New York, for a variance in accordance with the Zoning Ordinance. Article llI, Section 100-30 and Bulk Schedule for permission to divide lot with existing buildings with insuffici- ent width and area. Location of property: South side l~ay Avenue, East Marion, New York, bounded on the north by J. Fazio; east by Private R.O.W.; south by Le- browski and Heroy; west by Bay Avenue. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated December 26. 1974 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1%1/2 Sworn to before mo this ........... .3 ............ d~y of 19,.( ...... ~ Notary Public NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordinance of the Town of Southald, Suffolk County, New York, public hearings will be held by the Zoning Board of Appeals of the Town of Southold, at the Town Office, Main Road, Southold, New York, on January 9, 1975, on the following appeals: 7:45 P.M. (E.S.T.) upon ap- plication of Harvey Bagshaw, Deep Hole Drive, Maltituck, New York for a variance in ac- cardance with the Zoning Or- dinanen, Article VII, Section 100- 70 (B) (f) for permission to construct Body Shop on property which may not be 300 feet from a residential zone on the Bray Avenue side of the street. Location of property: N*S Main Road, Laarcl (Dist. 11), New York, bounded on the north by J. O'Cenncll; east by A. Goodaie; south by Mstn Road; west by J. O'Coanell. 8:15 P.M. (E.S.T.) upon ap- plication of Angelo Petrueni, Bay Avenue (Skunk Lane), Cut- chogue, New York for a variance in accordance with the Zoning Ordinance, Article IH, Section 100-30 (C) and 100-~ for per- mission to construct private garage in the front yard area of the lot. Location of property: S-S of Bay Avenue (Skunk L~ne), beonded on the north by Bay Avenue (Skank Lane); east by other land of applicant; south by Broadwater Cove-Graham; west by other land of applicant. 8:30 P.M. (E.S.T.) upon ap- plieatinn of Valentine Rueli IV, Euch Lane, Southald, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Balk Schedale, and Section 100-12, for permission in construct drain sump which will reduce width of Lots 2 and 3. Location of property: Lots 2 and 3, Map of Suerecrest, south side CR 27, Southold, New York. 8:45 P.M. (E.S.T.) upon ap. )lication of Beryl Steadman, Sound Avenue, Muttituck, New York for a variance in ac- cardance with the Zoning Or- dinance, Article III, Section 100- 35, for permission to construct front yard fence over four feet. Location of property: N-S Sound Avenue, Mattituck, bounded on the north by E. Gilles; east by H. Gilbourne; south by Sound Avenue; west by Long Island Lighting Company. 9:00 P.M. (E.S.T.) upon ap- )lication of LeRoy and Martha Paul, 240 Billard Road, Cut- chogue, New York for a variance m accordance with the Zoning Ordinance, Article III, Section 100-30 (C) (5) for permission to construct accessory building (stable) on existing foundation which is not in required rear yard area. Location of property: E~ Blllard Road, Cutchogue, New York, bounded on the north by Sthutenberg; east by Hellman; south by Heitman; west by Billard Road. 9:15 P.M. (E.S.T.) upon ap- flication of Catherine W. Drake, 3050 Fairway Drive, Cutchogue, New York for a variance in ac- LEGAL NOTICE cordance with the Zoning Or- dinance, Article III, Section 30 (C) and 100-32 (A) for per- mission to construct antenna mast of excessive height. Location of property: Lot 16, Fairway Farms, Fairway Drive, Cutchogue, New York. I 9:30 P.M. (E.S.T.) upon pllcalion of Andrew Galgano and Others, 162 Park A~anue, Beth- page, New York for a variance in accordo with the Zoning Ordinanc.. Article IIIi Section 100-30 and Section 280A Town Law, for permission to divide lot and for approval of access because of lack of approved access. ' ~ation of property: R.O.W., northeast side of Westphalia Road, Mattituck, New York, bounded on the north by Howard Creek; east by now or formerly Ghnberoat; south by ~Penny & Schutt; west by Sohutt 9:45 P.M. (E S plication of George Stankevich, Esq., a-c Edna Doll, Brown's Hills Estates, Orient, New York, COUNTY OF SUFFOLK, STATE OF NEW YORK. ~ ss: existin~ building with insufficient width and area. Location of prop~y: North Side Private Road-North Drive, bounded on the north by Long _Island Sound; east by W. Johnsen; south by North View Drive ~Pvt-. Rd.); weat by Helen I/ans. I~00 P.M. (E.S.T.) upon ap. plication of Richard Cron, Esq. a- c Ivan T. Honnett, Orchard Street. New Suffolk, New York for a variance m accordance with the Zoning Ordliumce, Article IH, Section 10031 and Bulk Schedule far permission to alter and rebuild dwelling on, non- conforming lot with two existing dwellings. Location of property: Orchard & Third Streets. New Suffolk, New York, bounded on the north by Orchard Street; east by Third Street; south by Helen Kapp; west by G. Lombardi. 10:15 P.M. (E.S.T.) upon ap. plication of William J. Clark, Esq. a-c Wilfred & Anna Corwin, Factory Avenue, Mattithck, New York for a variance in ac- cordance with the Zoning Or- dinnnce, Article III, Section 100- 30 and Balk Schedule for per- mission to divide odd shaped lot resulting in a reduction of public road frontage and area of remaining lot. Location of property: Factory Avenue, Walnut Place, Sound Avenue, Maltituck, New York, bounded on the ninth by Yarrueso; east by Walnut Place, south by Corwin; west by Factory Avenue. 10:30 P.M..(E.S.T.) upon ap- pllcation of Rudolph Bruar, Esq. a-c Anne C. Lemley, Bay Avenue, East Marion, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedale for permission to divide lot with existing buildings with in- sufficient width and area. Location of property: South side Bay Avenue, East Marion,New York, bounded on the north by J. Fazio; east by Private R.O.W.; south by Lebrowski and Heroy; west by Bay Avenue. Any person desiring to be heard on the above appeals shoald appear at the time and place above specified. DATED: December 26, 1974 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS WEEKLY TIMES, a newspaper published at Greenport, in said county; and that the notice, of which the annexed is a printed copy, has been published in the said Suffolk Weekly Times once in each week, for ..... 0. .n.e. . .( .].. ). ............. weeks successively commencing on the ..... S..e.c.q.rt.d. ............. Sworn/lit0 before me this . I~iOiA/,Y PUBLIC OF NE~¥ ¥0,~ My C~mmissio~ Expizes for a variance in accordance with ........... $.tO~a~.~:..C. o Dormatl being duly Sworn, the Zoning Ordinance, Article IIL ' .............. Section 100-30 and Bulk Schedale s~o2's that .h.e. .... is Printer and Publisher of the SUFFOLK for permission to divide lot wi~ TOWN OF $OUTHOLD BUILDING DEPARTMJ[NT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOYICE OF DiS^PPROVAL File No ................................................................... Date ......... l..~:..~...~_~ds...~ .............................. ...... ~.~.....~..../. ............................. PLEA,SE TAKE NOTICE that your application dated ................... ;~....c_.......~ ........... , 197..~... EOF perrmt to Ccm,,o~,~ct .........~..~ ..........~.......Dt the premises located a~ ,..~ ............................ ....~ ~ ......~/.~-- ..... ",ap ............ ~ ................. BlOck ........ i.....:::: .......................... Lot · ¢-et'~+med hc;ewgh ~,,d disapproved on the fallowing grounds ....~.~...~..~..~./......C~..~.~...~......i....~..... Building ~nspec¢or TOWH OF SOgTHOLD, HEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Andrew G~lgano, Jr., Carol Galg~o APPEA NO./?5? 7 DATE ................. ,..,..~..... ~/~ 1, (We) ..~r~d.. ~W..G~L~O.,...~ ....... of .&62..~a~k..A~e,.,...~agm~..~]~TZ..,.. & Name of Appeila,nt Street and Number -~ ~ vreSpectively ..~O.~..~d...~-..~s~..%..~m~s~e~.,...~,~,., ~ ,.......; .................... HEREBY APPEL TO Municipality ~ State ( ) ( ) ( ) Name of Applicant for permit of Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ...Comh=a~...l~_~h..~es~r~3D_~o~..~.%~ch~,~l ............... Street Use District on Zoning Mop ......................... .................. ~ Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- sectio~ and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance~ 3. TYPE OF APPEAL AppeaJ is made herewith for (X) A VARIANCE to the Zoning Ordinonce or Zon]ng Map A VARIANCE due to lack of access (S¢a¢e of New York Town Law Chap. 62 Cons Laws Art ]6 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (has not) been mode with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special oermH ( ) request for a variance and was made in Appeal No ................................ Dated ...................................................................... (X) ~) ( ) is reauested for the reason that REASON FOP, APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance two one~famiiy 8~ellings wili premises be allowed on Form ZB~ (Continue on other side) REASON FOR APPEAL 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because $~ ~IDE~ ATTACHED 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because SEE RIDER ATTACHED 3. The Variance would observe the spirit of the Ordinance ond WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because SEE RIDER ATTACHED STATE OF NEW YORK ) ) couNTY OFsuffolk ) S,.,orn to th~s ~ ~ ~ 3~ .................................... -~. ......... day of ........................................................ 19 ? New ¥o¢ Application is hereby mmde for a variance due to lack of a~eess te the two ~e!s of land shown on the survey of Roderiek Van Tu¥t dated Ootob~u' 29, !97b ~nioh applicants have contracted to purchase° Smid contract is subject to and conditioned upon purchasers obtzining a ~riance to permit the erection of Mn additior~i one-family dweiiing~ One o~e-family dwelling is now on the property~ hereinafter called the ~aterfrent lot"o It is contemplated hy the parties that a~ additional one-family residence will he built by another member of the family on the parcel closest to Westphalia ~oad, hereinafter referred to as the "rear lot"o The parcel ze a whole h~s access to and from ~$~tphalia Road b~ use of a right of way recorded in Libor 5~4 o~ Desds~ Page 549 in the Office of ~he Clerk of Suffolk Comnty~ The deed. of conveyance will convey the ~waterfront !ct~ and the ~reari!lot~ together with the right of way from Westphal- i~ Road as aforssaid~ In addition, the waterfront let will have a riEht of w~.y over the "rear lot~ to sllow ingress and egrees~ and the ~rear ~!et~ will h~v~ a right of w~7 to tbs ~t~r~ The purchase of this property would be economically '~feas~ ible unless mnot~sr residential dwelling m~y be constructed on the premises and to do this ~ v~rianoe is required for each plot due to ]~.aok oF access e~oept for the right of way now in emietenoe and the rights of way to be oreatedi~s aforesaid° There is no other purpose for this application but to comply with the Zoning Laws of t~e Town of $outhold and the State of New York so that two one=family dwellings mmy stand on the entire pmrcel one on the "waterfront lot" already existir~ and the other to be erected on the "rear' lot"~ It is only because the property being purchased does not have such mccess that this varim~uce is being requested~ To dis- allow such appliomtion would produce p~eti~a! dif~ioulties in that the property would not suit the needs of the parties and would be economically unfeasible to purchase a~d thus the sale would not be eon~ummatedo It is believed that this would re- sult Lu ~nneeess~ry econo~i¢ hmr~ to the seller~ Further, the ~iroumsSances of this oo~n veya~e ~nd plsns of the purchaser~ do not require the structure and Future struc- ture to be related to existing or prOposed ~treets. Pinally, a variance would observe the spirit of the Ordir~nce and. wo~ld not change ~he eh~r~eter of the district beemu~e the property will in~l! other respects conform with Town and State L~w o Bespeotf~mTly su~omitted~ STATE OF N~ ¥O~f CO~JN~£ OF SL~OLE Andrew Galg~n~ Sro Ouaiifle~ i~ Su .olk Dee. 12, 197~ Job~ ;~. Giblin Jr 33 Green Meadow L~ne Huntingtons ~,.~. 117Z,-3 Dear Sir $ ~0l~2 ~]~.llOS. tlo~ ~"0~ ~:~)i~OV~I ~nd others reoeived to~ay. of ~cce~s A/C Galg~no This will be on the Appe:~Is Doard agenda in ~arly January~ as soon c~s the date is determined. Notice ~ill be~orw=r¢~e~, ~ ~ fro~ tho Do~.rd to~'~.ther. ~ith a re~cel '~ .~.~ :~.oe.'~ ][ours ~uilding Inspector John W. GIBLIN, JR. COUN~I~LLOR AT L~W 74 TRINITY PLACE December 10, 1974 Please refer replies to: 33 Green Meadow Lane Huntington, New York 11743 Zoning Board of Appeals Southold New York 11971 Gentlemen: Enclosed herewith in duplication is an application for variance due to lack of access together with the following documents: 1. Photocopy of the Contract of Sale dated September 17, 1974. Photocopy of the survey of Roderick Van Tuyl showing the two parcels being conveyed and the rights of way being created along the westerly boundary of said parcels. 3. Check in the amount of $15.00. Please advise whether anything else is required. JWG,Jr:bld Enclosures cc: William J. Very truly yours, Clark, Esq. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAtRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, .IR. ROBERT J. DOUGLASS JOSEPH H. SAWiCKI January 12, 1984 Abigail A. Wickham, Esq. Main Road P.O. Box 1424 Matituck, NY 11952 Re: Appeal o~~ John M. Dear Gail: and Frances C. DiVello At a Special Meeting of the board held on January 10, 1984, the board members reviewed the subject application, and the following action was taken: RESOLVED, that Appeal No. 3205, application for JOHN M. and FRANCES C. DiVELLO, be temporarily held in abeyance pending receipt of the following: (1) Comments or recommendations from the Southold Town Planning Board concerning the layout of this proposed subdivision and the proposed right-of-way; (2) An executed joint easement or agreement between the parties involved concerning the use of this proposed new right- of-way. This resolution was unanimously adopted. Upon receipt of the above, this matter will be placed on the available agenda for consideration of a public hearing date and advertising in the official newspapers. If you have any questions, please don't hesitate to call. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN cc: Planning Board Building Department By Linda Kowalski Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, I.,I., N.Y, 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$, JR. 5[:EL"iE DOYEN, JR. RODERT J. DOUGLASS JOSEPH H. SAWlCKI December 5, 1983 Mr. Edward F. Hindermann Building & Housing Inspector Southold Town Building Department Southold, NY 11971 Re: Your Letter of November 21, 1983 Proposed Abandonment of Right-of-Way (DiVello) Appeals #1987 and #2959 (Galgano & schwartz) Dear Ed: Please be advised that at a Regular Meeting held on November 30, 1983, the board members have acknowledged their acquiescence with your November 21st letter in that the abandonment of this existing right-of-way which was previously approved by this board would void that use; and accordingly, additional application should be made to the ZBA requesting approval of access over the newly proposed right-of-way for all those parcels involved. lk CC: Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Mr. and Mrs. John DiVello Mr. A. Galgano, Jr. Mr. R. Johnsen Mr. C. Berner, Jr. Dr. A. Schwartz Mr. Roger Munz TOWN OF $OUTHOLD OFFICE OF BUILDING INSPECTOR P.O. BOX ?28 TOWN HALL SOUTHOLD, N.Y. 119'/1 TEL. 765-1802 November 21, 1983 Board of Appeals Town of Southold Town Hall Southold, NY 11971 Re: Appeai #1987 Galgano 280a Appeal #2959 Schwartz 280a Gentlemen: We have received a request from the office of Wickham, Wickham & Bressler, ?.C., for Notice of Disapproval for the proposed re-subdivision of property owned by John M. & Frances C. DiVello, copy of survey herewith. The proposal is to abandon an existing R.O.W. approved under the above actions, that runs thru lot #1 of this proposed subdivision and locate a new R.O.W. at the easterly side of lot #1. It wouid appear that a 280a will be needed for R.O.W. and that the property owners who are subject this access be notified accordingly. this new to using Your~tru~ / . Building & Housing Inspector EFH:ec Attch. THIS AC_sREEMENT, made the /~/~ day of Sept:ember , nineteen hundred and seventy four BEI'WEEN ~nn Bubier, residing at 601 Leigh Drive, Westfield, New Jersey. hereinafter descn'bed as the seller, and Andmew Galgano, Jr. and Carol Galgauo, his wife, both residing at Park Avenue, Bethpage, New York and Andrew Galgano, Sr., residing at 403 Garfield Avenue, West Hempstead, New York. beremafter d,~.scn'hed as the purchaser, WITNESSI~'I'~ls that the seller agrees to sell and convey, and the purchaser agrees to purchase, all that certain .plot, piece or parcel of land. with the buildings and improvements thereon erected, situate, lying and being km~ at Matt3.tuck, ~own of Southold, County of Suffolk and State of New York, Bounded and iescribed as follows: BEGINNING at a point on the Southwest corner of the premises heri~ described adjoining land of Arthur H. Penny on the South and land now or formerly of Schutt on the West: From said point of beginning rmmning along said land of Penny N. 69° $9' 30" E. 177.96 feet to lamd conveyed by the party of the first part to Ruth Sloan Gimbernat by deed dated April 25, 1966; RUNNING TNk~CE along said land of Gimberna$ N. ~9° $3' 40" W. 600.58 feet to the shore of Mapes Creek; RUNNING THENCE Southwesterly along the shore of Mapes Creek to said land now formerly of Sohutt; RUNNING T~k~CE slong said land now or formerly of Schutt S. 20° 39' 10" E. 53~.00 feet, more of less, to the point or place of BEGINNING. TgGETHER with a right ~f way for eg~es~ and ingress between said premises and Westphalia Road, fifteen (15) feet wide fron the ~outhwest corner of the premises, which said right of way was res- erved in a deed made by Lizzie Y. Meday to William B. Codling dated ~pril ~8, 1906 and recorded April 27, ~906 in Liber 58~ of Deeds, ~age 5~9 in the Office of the Clerk of ~uffolk County. SUBJECT, however, to the right of way reserved to Lauretta ~elen Meday and Henrietta August Meday, their heirs and assigns in ~eed dated September $, 1919, made by Lauretta Helen Meday and ~enrietta Augusta Meday to Mabel L. Bubier, recorded September 12, 1919 in Liber 98~, of Deeds, page 99, said right of way being ~ifteen (~5) feet in width across the Southerly border of the ~remises herein described.~ SUBJECT to any state of facts and accurate survey may show; ~rovided same does not render title unmarketable. SUBJECT to covenants, restrictions, reservations nd easements, f any, of record; p~0vi~ same are not violated by existing structures. The Purchasers warrant that they have inspected the afore- mentioned premises and will accept them "as is". The Seller agrees to deliver possession simultaneosly with ~itle. This sale includes all right, title and interest, if any. of the seller in and to any land lying in the bed of any street, road or avenue opened or proposed, in front of or adjoining said premises, to the center line thereof, and all right, title and interest of the seller in and to any award made or to be made in lieu thereof and in and to ~ny unpaid award for damage to said premises by reason of change of grade of any street; and the seller will execute and deliver to the purchaser, on clo.,ing of title, or l~ereaf~er, on demand, all proper instruments for the conveyance of such title and the ,~?i:nment and co]~,c~:on of Fifty-six Thousand ($ ~6,000.00) D~II.., ~yable ~, follo~: ~ive Thousand Six Hundred ($ ~,600.00) Dollam. on the sig~ng of ~, contract, by check subject to collecfon, the receipt of wMch ~ hereby acknowledged; Twenty-one Thousand ~our Hundred ($2~ ,~00.00.) Doll~,~. ~n cash or good certified check on ~e delivery of ~e deed as here'.after pro~ded: Dollam. hy taking ~tte sub~t to a mortgage uow a lien on said prem~ in ~at amount, b~aring intcr~t at ~e rate o~ per ~.t ~r annum, ~e p~nc~al ~ng due and payable Twenty-Nine Thousand ($29,000.00) Dollar~ by the jmrchaser Of assigns execu6ng, acknowledging and delivering tu ~c seller a ~nd or. at the option of thc note ~ur~ by a purcha~ money firs~ mortgage on the a~vc premiss, in that amount, payable i~ ~m~n~s oE ~ ~8~.00 ~o~ ~ ~o~ o~ ~ve (5) together with interest at the rate of 8 per cent r annum ayable semi-n~nually. The purchasers shall have the right snd pe P . . . ~ption of prepaying the prmncmpal balance at any time without penalty. ~u the event the said premises aresold, the principal balance of the morl ~age shall be due at the option of the seller. In the event part of the ~aid premises are sold, the seller agrees to release that portion of the ~aid premises provided the principal balance is reduced to at least $ 14,000.00. Any bond or note and mortgage to ~e given hereunder shall I~ drawn on the standard forms of New York Board of Title Underwriters for mortgages of like lien; and shall he drawn by the attorney for the seller at the expense of the purchaser. who shall also pay the mortgage recording tax and recording fees and pay for and affix to such instruments any and all revenue stamps that may he necessary. If such purchase money mortgage is to he a subordinate mortgage on the premises it shall provide that it shall he subject and subordinate to the llen of the existing mortgage of $ , any extensions thereof and to any mortgage or consolidated mortgage which may he placed on the premises in lieu thereof, and to any extensions thereof provided (a) that the interest rate thereof shall not he greater than per cent per annum and (h) that. if the principal amount thereof shell exceed the amount of princlpa] owing and unpaid on said existing mortgage at the time of placing such new mortgage or consolidated mortgage, the excess he paid to the holder of such purchase money mortgage in reduction of the principal thereof. Such purchase money mortgage shall also provide that such payment to the holder thereof shall not aher or affect the regular installments, if any. of pri0cipal payable thereunder and shall further provide that the holder thereof will, on demand and without charge therefor, execute, acknowledge and deliver any agree- ment or agreements further to effectuate such subordination. If there be a mortgage on the premises the seller agrees to deliver to the purchaser at the time of delivery of the deed a proper certificate executed and acknowledged hy the holder of such mortgage and in form for recording, certifying as to the amount' of the unpaid principal and interest thereon, date of maturity thereof and rate of interest thereon, and the seller shaft pay the fees for recording such certificate. Said premises are sold and are to he conveyed subject to: 1. Zoning regulations and ordinances of the city, town or village in which the premises he whlcb are not vio]ated by existing stn~ctures. 2. Consents by the seller or any former owner of premises for the erection of any structure or structures on. under or above any street or streets on which said premises may abut. 3. E~croachments of stoops, areas, cellar steps, trim and cornices, if any, upon any street or highway. · their o~m cost and exgense with±n /~ da,3r~ o£ the date o£ this oontract. Tn th~ event termite inZest&tion and d&mage is £ou~d, notice thereo£ shall be givon to seller*s attorney in w~itin~ ~ave the option o£ correctinff said condition' or cancall±n~ the ¢o~tract. All notes or notices of violations of law or municipal ordinances, orders or rcqmrements noted in or issued by the Depart- ments of Housing and Buildings, Fire, Labor. Health, or other State or Municipal Department having ~urisdlctlon against or affecting the premises at the date hereof, shall he complied with by the seller and the premises shall he conveyed free of the same. and this provision of this contract shall survive delivery of the deed hereunder. The seller shall furnish the purchaser with an authorization to make the necessary searches therefor. If, at the time of the delivery of the deed, the premises or any part thereof shall he or shall have been affected by an assess- ment or assessments which are or may become payable in annual installments, of which the first installment is then a charge or llen, or has been paid. then for the purposes of this contract all the unpaid installments of any such assessment, including those which are to become due and payable after the delivery of the deed, shall be deemed to he due and payable and to be liens upon the premises affected thereby ~nd shall be paid and discharged by the seller, upon the delivery of the deed. The following are to he apportioned: (I) Rents as and when.collected. (2) Interest on mortgages. (3) Premiums on existing transferable insurance policies or renewals of those expiring prior to the closing. (4) Taxes and sewer rents, if any, on the basis of the fiscal year for which assessed. (5) Water charges on the basis of the calendar year. (6) Fuel, if any. RIDER ATTACHED TO AND FORMING A PART OF CONTRACT OF SALE BETWEEN ANN BUSIER, as Seller; and ANDREW GALGANO, JR., CAROL GALGANO, his Wife, and ANDREW GALGANO, SR., as Purchasers, affecting premises located at Mattituck, Town of Southold, County of Suffolk and of New York. 1. This contract is subject to and conditioned upon ~ obtaining a variance to permit the erection of two one-family dwellings on the property. This contract is further subject to and conditioned upon Purchasers obtaining the consent and approval from the appropriate governmental agencies for the construction of a bulkhead or dock. Purchasers agree to make prompt and diligent efforts to obtain the aforementioned variance and consents. In the event that said variance is not granted or in the event that the consent is not given in either such event this contract shall be deemed null and void and Seller agrees to forthwith return to Purchasers' all monies deposited by Purchasers on account of said contract pric and upon the return of such monies all liability between the part- ies under this contract shall come to an end. II. Seller represents to Purchasers that the real estate taxes (including town and school taxes) do not exceed the sum of $800.00. III. The contract down payment of $5,600.00 hereunder shall be held in escrow by William J. Clark, Esq. until the closing of title or as otherwise provided herein. Said down payment may be de- posited in an interes~ bearing account at a bank insured under the F. D. I. C. and said znterest shall.znure to the benefit of the Seller. ~/ANN BUBIER S/ANDREW GAL'GANO, JR. $ / CAROL GALGANO .~/ANDREW GALGANO, SR. Il the closing of thc title shall occur before the tax rate is fixed, the apportionment of taxes shall he upon the basis of tax rate for the next preceding year applied to the latest assessed valuation. If there be fi water meter on the premises, the seller shall furnish a reading to date not more than thirty days prior to the time herein set for closing title, and the unfxed meter charge and the unfxed sewer rent, if any, based Ihereon for the intervening time shall be apportioned on the basis of such last reading. he deed shall be the usual B~rgain and Sale with Covenant against Gramtor' s acts deed ~n proper statutory short form for record and shall be duly executed, acknowledged, and have revenue stamps ~n the proper amount a~xed thereto hy the seller, at the seller's expense, so as Io convey to the purchaser Ihe fee s~mp]e of the said premises, free of all encumbrances, except as bere~n stated, and shall also contain the covenant required by subdivision 5 of Section 13 of the Lien Law. At the closing of the title the seller shall dellver to the purchaser a certified check to the order of the City Treasurer for the amount of the Real Property Transfer Tax imposed by Title I of Chapter 46 of the Administrative Code of the City of New York and will also deliver to the purchaser the return required hy the said statute and the regulations issued pursuant to the authority thereof, duly signed and sworn to hy the seller; the purchaser agrees to sign and swear to the said return and to cause the said check and the said return to he delivered to the City Register promptly after the closing of the title. The seller shall give and the purchaser shall accept such title as a reputabl ~ titls co~.p~l~' · a member of the New York Board of Title Underwriters. will approve and insure. All sums paid on account ~f this contract, and the reasonable expenses of the examination of the title to said premises and of the survey, if any. made in connection therewith are hereby made liens thereon, but such liens shall not continue afte~ default by the purchaser under this contract. All fixtures and artlc]es of personal property attached or appurtenant to or used in connection with said premises are repre- sented to be owned by the seller, free from all liens and encumbrances except as herein stated, and are included in this sale; without limiting the generality of the foregoing, such fixtures and articles of personal property include plumbing, heating. lighting and.cooking fixtures, air conditioning fixtures and units, ranges, refrigerators, radio and television aerials, bathroom and kitchen cabinets, mantels, door mirrors, venetian blinds, shades· screens· awnings, storm windows, window boxes, storm doors, mail boxes, weather vanes, flagpoles, pumps, shrubbery and outdoor statuary,s '~Nclu. d'lt'tg bed8 s table8, chairs, and a pot-bal.l¥ stove, except the din'tag room chairs, and the kitchen table and chairs. he amount of any unpaid taxes, assessments, water charges and sewer rents which the seller ;s obi;gated to pay and discharge. w~th the interest and penalties thereon to a date not less than two business days after the date of closing title, may at the option of the seller he allowed to the purchaser out of the balance of the purchase price, provided o~icia] bills therefor with interest and penalties thereon fgured to said date are furnished by the seller at the dosing. ]f at the date of closing t~tle there may be any other hens or encumbrances which the seller is obligated to pay and d~scharge, the seller may use any port;on of balance of the purchase price to satisfy the same, provided the seller shall have delivered to the purchaser at the dosing of title ~nstruments in recordah]e form and sufficient to satisfy such liens and encumbrances of record, together with the cost of recording or fl~ng said instruments. '~e purchassr, if request ~s made within a reasonable time prior to the date of closing of title, agrees to provide mt the closing separate certi~ed checks as requested, aggregating the amount of the balance of the purchase price, to facilitate the satisfaction of any such liens or encumbrances. The existence of any such faxes or other hens and encumbrances shal! not be deemed objections to title if the seller shall comply with the foregoing requirements. [fa search of the title discloses ~udgments, bankruptcies or other returns against other persons hav~ng names the same as or similar to that of the seller, the seller wit! on request deliver to the purchaser an a~idavit showing thai such judgments, bank- ruptcies or other relurns are not against the seller. ~n the event that the seller ~s unable to convey title ~n accordance with the terms of th~s contract, the sole I~ah~I;ty of the seller wi]] be to refund to the purchaser Ihe amount paid on account of the purchase price and to pay the net cost of exam;n~ng the title, which cost is not to exceed the charges fxed by the New York Board of Title Underwriters, and lhe net cos~ o~ any survey made ~n connec6on lhe~ewi;h ~ncurred by lhe purchase~, and upon such ~e~und and paymen~ being made [h~s con~racl ' shall ~ cgns~dered canceled. ~e deed shah he delivered u~n ~he ~e~p~ of sa~d payments at ~he o~ice of Willi~ J. Cl~k, Esq. Middle Road, Mattituck, N.Y. a~ 11 ~ o'cl~n October 16, 197g brought about this sale and the seller a~ees to pay the commis~[on ~~_ with a sepia e h is understood and agreed that all understandings and agreements heretofore had ~tween the parties hereto are merged in this contract, which alone fully and completely expres~s their agreement, and that the same is entered into after full investigation. neither party relying u~n any statement or representation, not embodied in this contract, made Ey the other. The purchaser has insured the buildings standing on said premiss and is thoroughly acquainted with their condition. ~is agreement may not ~ changed or terminated orally. ~e stipulations aforesaid are to apply to and bind the heirs. executors, administrators, successors and assigns of the res~ctlve parties. If two or more ~rsons constitute either the seller or the purcha~r, the word "seller" or the word "purcha~r" shall construed as if it r~d "~llers" or "purchasers" whenever the ~n~ of this agreement so requires. ~ ~11~ ~Fs this agreement has been duly executed by the parties hereto. In pr~nce of: S/ ' ' Ann Bubler .~/And'rew Galgano, Jr. ~/Carol Galgano - J A~drew Galgano, Sr. NO'i' E: FIRE LOSSES. This form of contract conta~s no express provision as to risk of loss by fire or other c~su~alty before delivery of the deed. Unless express ptrovision is made. the provisions of Section 5-1311 of the General Obligations Law will apply. This section also places risk of loss upon purchaser if title or possession is transferred pr;or to closing. CREDIT FINANCIAL STATEMENT AS OF I g__ DF_BIT Paid on signing Contract ........ IsI Mortgage Int. from .................... @ ................ 2nd Mortgage Int. from .................... @ ................ Purchase Money Mortgage Security on Lease Rent from Purchase Price Water Rates Sewer Rents Assessments Total Credit Closing of title under the within contract is hereby adjourned to o'clock, at as of 19 Dated. 19 Water Rates Sewer Rents Fuel ..................................................... Total Debit Total Credit Balance Paid 19 , nt ; title to be closed and ~11 adjustments to be made For value received, the within contract and all the right, title and interest of the purchaser thereunder are hereby assigned, Iransferred and set over unto and said assignee hereby assumes all obligations of the purchaser thereunder. Dated, 19 ~ssi~I.ee of P.rchaser THE OBSERVANCE OF THE FOLLOWING SUGGESTIONS WILL SAVE TIME AND TROUBLE AT THE CLOSING OF THIS TITLE The SELLER should bring with him all insurance policies and duplicates, receipted bills for taxes, assessments and water rates, and any leases, deeds or agreements affecting the property. When there is a water meter on the premises, he should order it read, and bring bills therefor to the closing. If there are mortgages on the property he should produce receipts showing to what date the interest has been paid, and if the principal or rate of interest has been reduced, he should produce certificates of such reduction signed and acknowledged by lhe holders of the mortgages. He should furnish to the purchaser a full llst of tenants, giving the names, rent paid by each, and date to which the rent has been paid. The PURCHASER should be prepared with cash or a certified check drawn to his own order. The check may be certified for an approximate amount and cash may be provided for the balance of the settlement. L 0 ',z~ Fl Dl'~ E: xA/ 'T H. I e.. N~