HomeMy WebLinkAbout3997~ .~???
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APPEALS BOARD MEMBERS " z SCOTT L.RABBIS
e
Supervisor
Gerard P.Goehringer,Chairman
Charles Grigonis,Jr. Town Hall,53095 Main Road
Serge Doyen,Jr. P.O.Box 1179
James Dinizio, Jr. Southold,New York 11971
Robert A. Villa BOARD OF APPEALS Fax(516)765-1823
Telephone(516)765-1809 TOWN OF SOUTHOLD Telephone(516)765-1800
ACTION OF THE BOARD OF APPEALS
Appl. No. 3997.
Upon Application of MITCHELL A. MARKS. Variance to the
Zoning Ordinance, Article XXIII, Section 100-239.4A for approval
of accessory swimming pool, deck and fence construction with a
set-back at less than the required 100 feet from the top of the
bluff on along the Long Island Sound. Premises is zoned R-80
Residential and is located at 29829 Main Road, Orient, NY;
County Tax Map Parcel No. 1000-14-2-1.6.
WHEREAS, a public hearing was held on February 22, 1991; and
WHEREAS, the Board has carefully considered all testimony
and documentation submitted concerning this application;
WHEREAS, the Board Members have .personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
WHEREAS, the Board made the following findings of fact:
1. This is an application for a Variance under Article
XXIII, Section 100-239. 4A for approval of an accessory inground
swimmingpool with deck and fencing all as shown on the sketched
photocopy (which appears to be a part of a survey) submitted
under this application.. The set-back at the closest point to the
top of the sound bluff for the deck around the pool appears to be
at 76+- feet (but not less than 75 feet) . A new dwelling was
constructed under Permit No. 16851 issued March 22, 1988
(although the pool structure apparently was built by a contractor
for - the landowner without a building permit for the same. ) The
applicant indicates that the actual pool structure is situated
approximately 86 feet from the sound bluff at its closest point,
and was placed in a vertical position rather than horizontally.
2. Article XXIII, Section 100-239.4A of the Zoning Code
requires all buildings and structures located on lots upon which
there exists a bluff or bank landward of the shore or beach of
shall be set back not less than one hundred ( 100) feet from the
top of such bluff or bank.
Page 2 - Appl. No. 3997
Matter of MITCHELL MARKS
Decision Rendered March 8, 1591
3. A similar in-ground pool with fence, accessory to the
dwelling structure immediately to the east of this parcel, was
the subject of Appl. No. 3932 rendered May 30, 1990 in the Matter
of the Application of Mathias and Maureen Mone conditionally
approving a lap pool structure at not less than 58 feet from the
top of the bluff at its closest point.
4. It is the position of this Board that in considering
this application:
(a) the relief, as noted below, is not substantial in
relation to similar structure existing within the immediate
area;
(b) the grant of the requested relief will not alter
the essential character of the neighborhood;
(c) the di€ficulties are uniquely related to the
property and are not personal in nature;
(d) the amount of relief requested will not in turn be
adverse to the safety, health, welfare, comfort, convenience or
order of the town, or be adverse to neighboring properties;
(e) in view of all the above, the interests of justice
will be served by granting relief, as conditionally noted below.
Accordingly, on motion by Mr. Goehringer, seconded by
Mr. Villa, it was
RESOLVED, to GRANT a variance for the location of an
accessory inground swimmingpool with decks and fence enclosure as
applied in the Matter of MITCHELL MARKS under Appl. No. 3997,
with the setbacks as more particularly described in para-
graph 1, supra, and SUBJECT TO THE FOLLOWING CONDITIONS:
1. That the pool structures remain unroofed;
2. That the pool and deck structure not be physicially
linked to the dwelling at any time (must be detached) ;
3. That the grade of the area within 100 feet of the bluff
not be altered (except that the storm basins may be placed to
deflect water runoff) .
Vote of the Board: Ayes: Messrs. Grigonis, Doyen,
Goehringer, Dinizio and Villa. This resolution was duly adopted.
lk
j GERARD P. GOE IN.GER, CHA hZMAN
APPEALS BOARD MEMBERS j SCOTT L.RABBIS
Supervisor
Gerard P.Goehringer,Chairman
Charles Grigonis,Jr. Town Hall,53095 Main Road
Serge Doyen,Jr.
_ P.O.Box 1179
James Dinizio, Jr. Southold,New York 11971
Robert A. Villa BOARD OF APPEALS Fax(516)765-1823
Telephone(516)765-1809 TOWN OF SOUTHOLD Telephone(516)765-1800
ACTION OF THE BOARD OF APPEALS
Appl. No. 3997.
Upon Application of MITCHELL A. MARKS. Variance to the
Zoning Ordinance, Article XXIII, Section 100-239.4A for approval
of accessory swimming pool, deck and fence construction with a
set-back at less than the required 100 feet from the top of the
bluff on along the Long Island Sound. Premises is zoned R-80
Residential and is locatRd at ?9R94 mAin Ar%mA n,-; ,,.,+- *tv_
.. .G�1 J .�_ i`JiJ J .6.J BY
THIE SGU tis L t: .,
DALE T�BUR
9 Z (N(
Town Cleric, '.Po—,,n of "cul":old
OF S0 Southold Town Hall
BOARD MEMBERS
Leslie Kanes Weisman,Chairperson ,`O l0 53095 Main Road•P.O.Box 1179
Southold,NY 11971-0959
Patricia Acampora Office Location:
Eric Dantes �p� Town Annex/First Floor,
Robert Lehnert,Jr. l 54375 Main Road(at Youngs Avenue)
Nicholas Planamento ,� Southold,NY 11971
http://southoldtownny.gov
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel.(631)765-1809•Fax(631)765-9064
October 17, 2019
Robert E. Herrmann
En-Consultants
1319 North Sea Road
Southampton,NY 11968
Re: De Minimus Request Denied,File 93997
Mitchell Marks , 29829 Main Road, Orient
SCTM No. 1000-14-2-1.6
Dear Mr.Herrmann;
I am in receipt of your correspondence dated October 8, 2019, requesting a de minimus approval
to remove and replace an existing swimming pool upon the above referenced premises with the
same configuration(20 ft. by 40 ft.), in the same location, and as depicted in the survey that you
provided.
I reviewed your letter and the Zoning Board of Appeals determinations No. 3997, decision
rendered March 8, 1991. The decision states that the swimming pool was built without the
benefit of a building permit, setback 76 feet from the top of the bluff; and therefore, a variance for
an "as-built"accessory structure was granted.
It is the Building Department's assessment that once a structure is demolished the corresponding
certificate of occupancy will be extinguished, a notice of disapproval shall issue, and an area
variance for top of bluff setback relief will,again,be required to rebuild. This decision is
consistent with other determinations we have issued to applicants having identical circumstances,
and, therefore,we concur with the Building Department's decision.
As a result,the proposed demolition and rebuild is not de minimus in nature. Should you wish to
pursue replacing the swimming pool,you will need additional variance relief with a new
application and a public hearing.
Please c tact our office for any additional questions or concerns.
Sin
L she Ka s Weisman
Chairperson
cc: Michael Verity, Building Department
RECEIVED
OCT 0 9 2019
EN-CONSULTANTS
ng Board Of e'!!
October 8, 2019
Leslie Weisman, Chairwoman
Board of Zoning Appeals
Town of Southold
P.O.Box 1179 .
Southold,NY 11971
Re: TG3 Holdings LLC (formerly Mitchell Marks),29829 Main Rd.,Orient: Case No.3997
Dear Ms. Weisman:
The above referenced variance decision(copy attached),which was issued on February 22, 1991,
granted the relief necessary to maintain the existence of a 20' x 40' pool (with a 4' x 16'
extension on its landward side) located less than 100 feet from the bluff. Presently the current
property owner, TG3 Holdings LLC, would like to remove and replace the pool in the same
location and configuration, which is depicted both on the survey connected with the variance
approval (copy attached) and the current survey prepared by Kenneth M. Woychuk, dated April
1, 2019,two copies of which are attached hereto.
Because the new swimming pool would be constructed in the same location and configuration as
the existing ZBA-approved pool structure, I am writing to request that the Board consider
issuance of a de minimis letter or some other form of waiver letter indicating that the Board
would not need to grant additional variance relief to permit the in-place replacement of the same
pool structure the Board allowed to remain in the same location in 1991.
Once you've had a chance to review our request, please let me know if you have any questions
.or require any additional information in support of our request, and we thank you for your
consideration.
Rkfullyyours,
Rmann
Coastal Management Specialist
1319 North Sea Road Southampton,New York 11968 p 631.283.6360 1 f 631.283.6136 www.enconsu[tants.com
environmental consulting
.s
RECEIVED
EN-CONSULTANTS "T
OCT 0 92019
Zoning Board Of Appeals
TO WHOM IT MAY CONCERN:
This letter will authorize En-Consultants to access my property for the purpose of
evaluating and/or delineating wetlands and other environmental features and/or making
official inquiries on my behalf and/or representing me and acting as my agent for the
purpose of securing regulatory approvals and related matters.
nature
Timothy Charles Quinn,Managing Member
TG3 Holdings LLC
Print Name
-?-ID-5/0,C)I ?
Dated
1319 North Sea Road Southampton,New York 11968 J,p 631.283.6360 1 f 631.283.6136 www.enconsultants.corri
environmental consulting
COUNTY -O'F SUFFOLK r `
MAR 2 7 1991
PATRICK G. HALPIN -- _
SUFFOLK COUNTY EXECUTIVE
DEPARTMENT OF PLANNING ARTHUR H. KUNZ
360-5206 DIRECTOR OF PLANNING
March 25, 1991
Town of Southold
Zoning Board of Appeals
Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County
Administrative Code, the following application(s) which have been referred to
the Suffolk County Planning Commission are considered to be a matter for local
determination. A decision of local determination should not be construed as
either an approval or a disapproval.
Applicant(s) Municipal File Number(s)
i/MaAprks, Mitchell A. 3997
Very truly yours,
Arthur H. Kunz
Director of Planning
S/s Gerald G. Newman
Chief Planner
GGN:mb
VETERANS MEMORIAL HIGHWAY
HAUPPAUGE, L.I., NEW YORK 11788
(51 6)360-5 1 92
r-::'t+.by'�y e✓�'l��fit,��
APPEALS BOARD MEMBERS SCOTT L.HARRIS
10
Supervisor
Gerard P.Goehringer,Chairman
Charles Grigonis,Jr. �� ex3is r Town Hall,53095 Main Road
Serge Doyen,Jr. � P.O.Box 1179
James Dinizio, Jr. Southold,New York 11971
Robert A. Villa BOARD OF APPEALS Fax(516)765-1823
Telephone(516)765-1809 TOWN OF SOUTHOLD Telephone(516)765-1800
Pursuant 't'o Article XIII of the Suffolk County Charter , the
Board of Appeals of the Town of Southold , New York, hereby refers
the following to the Suffolk County Planning Commission :
Variance from the Zoning Code , ArticleXXIII Section 100-239: 4A
Variance from Determination of Southold Town Building Inspector,
Special Exception , Article Section
Special Permit
Appeal No . : 3997 Applicant : MITCHELL A. MARKS
Location of Affected Land : 29829 Main Road , Orient , NY
County Tax Map Item No . : 1000- 14-2-1 . 6
Within 500 feet of:
Town or Village Boundary Line
X Body of Water (Bay , Sound or Estuary )
State or County Road , Parkway , Highway , Thruway
Boundary of Existing or Proposed County , State or Federally Owned Land
Boundary of Existing or Proposed County , State or Federal Park or
Other Recreation Area
Existing or Proposed Right-of Way of Any Stream or Drainage Channel
Owned by the County or for Which The County Has Established Channel
Lines ,
or Within One Mile of a Nuclear Power Plant
Within One Mile of An Airport .
COMMENTS: Applicant is requesting approval of accessory
swimming pool , deck and fence construction set back less than required
100 feet from bluff along Long Island Sound .
Copies of Town file and related documents enclosed for your review.
Dated :
March 20 , 1991
TR -
APPEALS BOARD MEMBERS -" SCOTT L.HARRIS
,p..; Supervisor
Gerard P.Goehringer,Chairman
Charles Grigonis,Jr. � ` .ry 9
-.;;<��; Town Hall,53095 Main Road
Serge Doyen,Jr. ,t f of P.O.Box 1179
James Dinizio, Jr. Southold,New York 11971
Robert A. Villa BOARD OF APPEALS Fax(516)765-1823
Telephone(516)765-1809 TOWN OF SOUTHOLD h, Telephone(516)765-1800
-Wkk 3f
March 19, 1991
Mr. Mitchell Marks
60 East 8th Street
New York, NY 10003
Re: Appl. No. 3997 - Variance-Bluff Setback (Pool, etc. )
Dear Mr. Marks:
Transmitted for your records is a copy of the determination
rendered by the Board of Appeals at our Special Meeting held on
Friday, March 8, 1991.
Please be sure to return to the Building Department for
other approvals or permits which are necessary. A copy of this
decision has. simultaneously been transmitted to the Building
Inspector for their files and update.
Yours very truly,
Linda Kowalski
Copy of Decision to:
Building Department
Suffolk County Department of Planning
-` - Southold Town Board f Appeals
� o
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS,JR.
SERGE DOYEN,JR. NOTICE OF HEARINGS
James sD1n�zto , Jr.
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of New York
Town Law and the -Code of the Town of Southold, the following
hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a
Regular Meeting, at the Southold Town Hall, 53095 Main Road,
Southold, NY 11971, on FRIDAY, JANUARY 11, 1991, at the
following times:
7:30 p.m. Appl. No. 3995 - GREGORYFE� Variance to
the Zoning Ordinance, Article XXIV, Section 100-244B for
approval of open deck addition with a reduced setback from the
southerly side property line. (The lot area and depth of this
parcel are nonconforming in this- R-40 Zone District. ) Location
a
of Property: 1450 Naugles Drive, Mattituck, NY; County Tax Map
Parcel No. 1000-099-5-17.
7:33 p.m. Appl. No. 3986 - ROBERT AND NORMA SIEBER.
Variance to the Zoning Ordinance, Article XXIV, Section
100-244(B) for approval of deck/patio construction with an
insufficient front yard setback. (The lot is nonconforming as
to area and width in this R-40 Zone District. ) Location of
Property: 4945 Main Bayview Road and the easterly side of Smith
Drive North, Southold; also. referred to as Lots 83 & 84 on the
i
Page 3
Notice of Hearings
Board of Appeals
Regular Meeting - January 11, 1991
{modified} height of principal building, in excess of that
approved under Special Exception Condition No. 8. Premises is
r
zoned Light Industrial (LI) and is located at 1040 Horton's
Lane, Southold, NY; County Tax Map Parcel ID No. 1000-63-1-10.
(::� 7: 45 p.m. Appl. No. 3977 - MITCHELL MARKS. Variance to
the Zoning Ordinance, Article XXIII, Section 100-239B for
approval of swimming pool, deck and fence construction with a
setback at less than the required 100 feet from bluff along the
Long Island Sound. 29829 Main Road, Orient, NY; County Tax Map
Parcel ID No. 1000-14-2-1. 6. Premises is located in the R-80
Zone District.
7:48 p.m. Appl. No. 3996 - STANLEY WERNICK. Variance to
the Zoning Ordinance, Article XXIII, Section 100-239. 4B for
permission to construct addition and pool with fence enclosure
with a setback at less than the required 100 feet from the top
of bluff along the Long Island Sound. Premises is zoned R-80
Residential and is located along Private Road No. 5 at
Cutchogue; County Tax Map Parcel ID No. 1000-72-1-1.6.
7:52 p.m. Appl. No. 3998 - HENRY AND MARY RAYNOR.
Variance for approval of access pursuant to New York Town Law,
Section 280-A over private right-of-way- extending off the south
side of Peconic Bay Boulevard, Laurel, to premises identified as
County Tax Map Parcel Nos. 1000-126-4-1, 2, 5. Premises . is
located in the R-40 Low-Residential Zone District and is also.
referred to as Lots 24 through 30 on the Map of "A.L. Downs"
i
1 r
APPEALS BOARD MEMBERS :':';, {
SCOTT L.RABBIS
Supervisor
Gerard P.Goehringer,Chairman r%r
Charles Grigonis,Jr. / it Town Hall,53095 Main Road
Serge Doyen,Jr. P.O.Box 1179
James Dinizio, Jr. Southold,New York 11971
Robert A. Villa BOARD OF APPEALS Fax(516)765-1823
Telephone(516)765-1809 TOWN OF SOUTHOLD Telephone(516)765-1800
NOTICE OF HEARINGS
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of New York
Town Law and the Code of the Town of Southold, the following
hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a
Regular Meeting, at the Southold Town Hall, 53095 Main Road,
Southold, NY 11971, on FRIDAY, FEBRUARY 22, 1991, at the
following times:
7: 30 p.m. Appl. No. 3995 - DAVID J. STRUPP. Variance to
the Zoning Ordinance, Article III, Section 100-33 for permission
to locate tennis court and croquet court in an area other than
the required rear yard, for use accessory and incidental to the
applicant' s residence. Location of Property: Private Road,
Fishers Island, NY; County Tax Map District 1000, Section 003,
Block 03, Lot 005; also referred to as Lot 6 and 5C, Block 18,
Map of Chocomount 2.
7:33 p.m. Appl. No. 4001 - PAUL AND KATHLEEN FORESTIERI.
Variance to the Zoning Ordinance, Article IIIA, Section
100-30A. 3, Article XXIV, Section 100-244, for confirmation or
recognition of lot for the purposes of obtaining, in the future,
a building permit for a single-family dwelling in accordance
with the zoning code set-back regulations. This vacant" parcel
Page 2
Notice of Hearings
Board of Appeals
Regular Meeting - February 22, 1991
is nonconforming as to lot area in this R-40 Zone District.
Location of Property: East Side of Paradise Shores Road,
located approximately 1250 feet from the north side of Bayview
Road, Southold, NY; County Tax Map Designation 1000-80-01-
024.001.
7: 37 p.m. Appl. No. 4000 - SALVATORE AND JEANNE
CATAPANO. Variance for approval of access pursuant to New
York Town Law, Section 280-a, over a private right-of-way
beginning at a point 514.73 feet from the southerly side of S.R.
25 (Main Road) , along the easterly side of South Harbor Road,
and extending in an easterly direction 431. 56 feet to Lot #2 of
the pending Minor Subdivision of the applicants conditionally
approved by the Planning Board on March 26, 1990. County Tax
Map Designations of the subject Right-of-Way and Lot #2 are:
1000-69-6-9. 3 and part of 27 in the Hamlet of Southold, NY.
7:40 p.m. Appl. No. 4002 - FRANK C. GILBERT, JR.
Variance to the Zoning Ordinance, Articles XXIII, Section
100-239. 4B and Article XXIV, Section 100-244B for permission to
construct new addition with an insufficient set back from the
rear property line and less than 75 feet from bulkhead. The
existing nonconformities of this property are the lot area and
setback of the existing dwelling to the bulkhead. Location of
Property: 1095 North Parish Drive at Bayview, Southold; County
Tax Map Designation: 1000-71-01-011.
Page 3
Notice of Hearings
Board of Appeals
Regular Meeting - February 22, 1991
7 :43 p.m. Appl. No. 400.6 - ERIC AND MARY ANN ALEXANDER.
Variance to the Zoning Ordinance, Article XXIV, Section 100-244B
for permission to construct addition to dwelling with an
insufficient side yard setback from the westerly property line.
Premises is nonconforming as to lot area in this R-40 Zone
District, and the existing dwelling structure is nonconforming
as to the westerly side yard and southerly (rear) yard
setbacks. Location of Property: South Side of Peconic Bay
Boulevard, Laurel, NY; County Tax Map Designation:
1000-128-04-020.
7: 45 p.m. Appl. No. 3977 - MITCHELL MARKS. Variance to
the Zoning Ordinance, Article XXIII, Section 100-239B for
approval of swimming pool, deck and fence construction with a
set-back at less than the required 100 feet from bluff along the
Long Island Sound. 29829 Main Road, Orient, NY; County Tax Map
Designation 1000-14-2-1.6. Premises is located in the R-80 Zone
rict.
7:50 p.m. Appl. No. 4004 - DAVID J. VERITY. Variance to
the Zoning Ordinance, Article IIIA, Section 100-30A.4 (100-33)
for approval of accessory storage buildings located in an ,area
other than the required rear yard. Location of .Property: 1673
. ROW located off the easterly side of Rocky Point Road, East
Marion, NY; also referred to as Lot #3 , Minor Subdivision for
Kimon and Woodene Retzos; County Tax Map Lot Designation:
1000-31-02-010. 002.
Pagb 4
Notice of Hearings
Board of Appeals
Regular Meeting - February 22, 1991
7: 53 p.m. Appl. No. 4005 - THOMAS KELLY and NANCY
IANNICELLI. Variance to the Zoning Ordinance, Article III,
Section 100-33 for permission to locate accessory garage
structure in an area other than the required rear yard and
situated approximately 40 feet from Wells Road. Premises is
nonconforming as to lot area in this R-40 Zone District and
fronts along Jockey Creek. Location of Property: 2725 Wells
Road, Southold, NY; County Tax Map Designation: 1000-70-4-16.
8: 00 p.m. Appl. No. 3990 - MICHAEL CHOLOWSKY (LORINDA C.
CASOLA, Owner) . Variance to the Zoning Ordinance, Article
R
III, /Section 100-31B(7) (c) concerning proposed establishment,
construction and operation of a golf driving range, a miniature
golf course and building with office accessory and incidental
thereto, without necessity of ownership or operation by a
not-for-profit corporation. Special Exception application to be
filed separately. Premises is known as 3340 Horton' s Lane,
Southold, NY; County Tax Map Parcel ID No. 1000-55-1-9 and
contains 16.7+- acres.
The Board of Appeals will at said time and place hear any
and all persons or representatives desiring to be heard in each
of the above matters. Written comments may also be submitted
prior to the conclusion of the subject hearing. Each hearing
will not start before the time allotted. Additional time for
Page 5
Notice of Hearings
Board of Appeals
Regular Meeting - February 22, 1991
your presentation will be available, if needed. For more
information, please call 765-1809.
Dated: February 8, 1991. BY ORDER OF THE SOUTHOLD
TOWN BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
----------------------------------------------------------------x
.j : LL��JJllll����IIJJ OF HEALTH:
3 .SETS OF PLANS
FORM NO. 1 S VTR V E Y . . . .
TOWN OF SOUTHOLD" 'C11ECK
BUILDING DEPARTMENT SEPTIC FORM . . . . . . . . . . • , . .
TOWN HALL
SOUTHOLD, N.Y. 11971 NOTIFY
TEL.: 765-1802 CALL . . .
�. . �� . . . . . . . . . . . . . . . . ...
Examined . . . . . ., 19 MAIL TO :
. . . . . . . . . . . . . . . . . . . . . .
Approved . . . . . . . . . . . . .. 1119 . . . Permit No: . . . . . . . .
Disapproved a/c Q . . _ . . . . . . . . . . . . . . . . . . . . . .
. . .: . . . . . . . . . . . . . . . . . . . . . . . . . . . . QI'
(Building Inspector)
APPLICATION FOR BUILDING PERMIT-
.,_:;...
NDate . . : . . . . . 7y 1.910
/ INSTRUCTIONS
Y. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector,with 3
sets of plans,accurate plot plan to scale. Fee according to schedule.
bPlot plan showing location of lot and of buildings on premises, relationshipto adjoining S� � premises or public street_
or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli-
cation.
c. The work covered by this application may not be commenced before issuance of Building Permit.
d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit
shall be kept on the premises available for inspection throughout the work.
e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy '
shall have been granted by the Building Inspector.
APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the
Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or
Re;ulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described.
ti
The applicant agrees to comply with all applicable laws, ordinances, building code, housing code. and regulations, and to
admit authorized inspectors on premises and in building for necessary inspectio /i✓�--
•(Signature of applicant, or name, if a corporation)
. .
(Mailing address of applicant) /09 o 3
State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder.
Name of owner of premises . ,/�jiT,��EL.L . . . . . . . . . . . . . . . . . . . . . . . . . . . .
i
(as on the tax roll or latest deed)
If applicant is a corporation, signature of duly authorized officer.
i
• • • • (Name and title of corporate officer)
Builder's License No. . . . . . . . . , . . . . . ,�. . . .196 A,, 'y' /2_ y
Plumber's License No. . . . . . . �. . . . .
Electrician's License No. . . .
i
Other.Trade's License No. . . . . . . . . . . . . . . . . . . . .
I! Location of land on which proposed work.will be done:.
�. . . . . . . . . . . . . . . . . . . . . . . . Y..
. .house Number Street
amlet I
-County Tax llap No. I000 Section . . . . . . . . . . Block . . . . . . . . . ... . . . . Lot . . ;., v.C. , , ,
Subdivision . /.rivGs�IGn�. �? : . . . . . . . . . F.ilcd Map No.
. . . . . . . . . . . . .(N111ej ' . . . . . . . . . . . . . . . Lot . . . . ... . . . . . . ,
'• State existing use and occupancy of premises and intended use and occupancy of proposed construction:
A. Existing use and occupancy—��totnii�L. . . . . . . . . . . . . . . . • . . . . • . . .
B. Intended use and occupancy. ./�� /�L. . �. . . . . .T. . . . . . . . . . . .. . . .
Nature of work (check which applicable): New Building . . . . . . . . . . Addition/:X• • • • • • • Alteration •.,:�• • ' ' ',�' "
Repair . . . . . . . . . . . . . . Rpmoval . . . . . . . . . . . . . . Demolition . . . , . ,Swi:nming pool. . .k .. . . .;. f
Tennis Court . . . . . . Accessory Building. . . . . . . . . .Fenc,e Other Work: : . . . . . . . . .
4. Estimated Cost . . . . . . . . /o"Opo. . . . . . . . . . . . . . . . . . . . . Fee . .I?�s 0 00. . . . ��i9!/J�. . . . . . . . . . . . . . .
/ (to•be paid on filing this application)
S: "If dwelling,numbernumber of dwelling units . . . . . . . . . . . . . . . Number of dwelling units on each floor . . . . . . . . . . . ... . . . .
O
If garage, number of cars . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6,. If business commercial or•mixed occupancy,specify nature and extent of each type of use . •�• .'O `.":9:�-: . . . . . . .
7. . Dimensions of existing structures, if any: Front . -4. F. . . . . . . . . Rear . .:..�lr?. . . . . . . . . Depth . . . . . . . . . . . . . . . .
Hei^lit . . e2R . . . . . . . . . . Number of Stories . . .aZ. ... . . . . . . .;. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.Dimensions of same structure with alterations or additions: Front : .: . : . .:: . . . . . Rear . . . . . . . . . . . . . . . . . . .
Depth . . .. . . . . . . . . . . . . . . . . . . Height . . . . . . . . . . . . . . . . . . . . . ...Numb cr of Stories.... . . . . . . . . . . . . . . . . . . . .
tion: Front . . . . . . . . . . . . . Rear . . . . . . . . . . . . . . . Depth . . . . . . . . . . . . . . . ..
$. Dimensions of entire new constnuc
Hai-lit . . . . . . . . . . . . .Number of Stories . . .. . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9. Size of lot: Front .. . . . . . . . . . . . . . . . . Rear . . . . . . . . . . . . . . . . . . . . . . Depth
10. Date of Purchase . . . :��5,1. p¢. . . . . . . . . . . . . . . Name of Former Owner . . . . .�• 't''.' • !�1`�S-AS S .
11. Zone or use district in which premises are situated . XCA42Q'th4ri . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12. Does proposed construction violate any zoning law, ordinance or regulation_.w...!a.• • - • • • • • • • - • ° • - ° - •- :. •••
13. Will lot be reDraded . . e °. . . . . . . . . . . . . . . . . . . . . . .Will excess fill be removed from premises: Yes
14. Name of Owner of premises i Address . .(b . . .�' /.''S!�Y: Phone No. .Z�l:6�*?:q��t`'• • • .
Name of Architect . . . . L'�°."'.��. . . . . . . . . Address . . . . . . . . . . . . . . . . . . .Phone No. . . . . . . . . . . . . . . . .
Name of Contractor . .�^.'�C'"'¢�. !�°LS. ... . . . . . . .Address . .. . . . . . . . . . . . . . . . . . Phone No. .. . . . . . . . . . . .
15 .Is ;this property located within 300 feet of a tidal wetland? YEs.— .NO. . . .
*If yes, .Southold Town Trustees DIAGRrmit
a required.� ,P
Locate clearly and distinctly all buildings, whether existing or proposed, and.indicate all set-back dimensions from
property Unes..Give street and block number or description according to deed, and show street names and indicate whether
interior or corner lot.
STATE OF NEW YORK, S.S
COUNTY OF . . . . . . . . . . . . . . . ...
. . . . . . . . . . . . . . . . . . . . , being duly sworn,deposes and.says that he is the applicant
• , , , , , , , . . . • .
(Name of individual signing contract)
above named.
Heis the . . . . . . . . . . O. . . . ..2 r . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Contractor,agent, corporate officer, etc.)
of said owner or owners, and is duly authorized to perform.or have performed the said work and to make and file this
application; .that all statements contained in this application are true to the best of his knowledge and belief;and that the
work will licperformed in the manner set forth in the application fled therewith:.
Sworn to before me this p
. . . . . . ..l . . . . . . . . . . . .day of. . ./Jl/Gri>!. . . . . . . . .; 19 .7.b
Notary Publi . . . . . . . . . . . . . . . County"
HARVEY . . .5
NOTARY PUBLIC,State of New Yet t . . . . . . . . . . . . . . , , , . . . . . . . . . . . . .
No.30.2539625
Qualified in Nassau County (Signature of applicant)
GQmmisslon.Explres r cn 30,.192a
Art -
FORM NO.3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD,N.Y.
NOTICE OF DISAPPROVAL
Date . 8.o��. ��. . . . . . . . . . . . . . . . .. 19 9�.
�V- ,414
PLEASE TAKE NOTICE that your application dated � , , ,
for permit to L41� J�e7. .4Yi. . . . . .4j. . . at
2 • r. . . '
Location of Property � .!�. �f, , p, ,,, , , ,
House No. Street Ham%et
County Tax Map No. 1000 Section /. , , . . Block . . . . . . : ."'&'v2-. . . Lot . :�"6. . . . . . . . . .
Subdivision . . . . . . . . . . . . . . . . . Filed Map No. Lot No. . . . . . . . . . . . . . . . . .
is returned herewith and disapproved on the following grounds . .U1mlala. . . ��
. . . . . . . . . . . .� . .�� . . . . . . . .' . . . . . . . . . . . . . . . . .
. . . . . . . . . . _ : .�.
. . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . .. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
".4 . . . . . .4. . '
ildi� Inspector
RV 1/80
K �
_ _ NN OF SOUTHOLD, t��r�O� ale..A e
s APPEAL FROM DECISION OF BUILDING INSPECTOR DEC°.13 1990 APPEAL ,NO. F7 t
+ '
...1Q/19/90 Y DATE ..........................
Sxyut lad Tower, Cleuk I
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLE: , N. Y.
1, (We) ..... ' ........of ..........................................
....
Name of Appellant Street and Number
................Qx.igAtv... R 1.D.t............................................... ....M W... S7x k.. .HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF .THE BUILDING INSPECTOR ON
t�
APPLICATION FOR PERMIT NO. .................................... DATED ......................................................
WHERE°Y THE BUILDING. 1`!SPECTO,r? DENIED TO
ti
Mitchell A. Marks
..................... ....o............................. . . ................
Nome... f Applicant for per.. m mit
of Main St. Orient Point New' York
treet and Number ���������������....... Municipality .State..............i
( ) PERMIT TO USE
00 PERMIT FOR OCCUPANCY .
1. LOCATION OF THE PROPERTY ......NWA..151.,......4.F .S:t1.i~.. .0�. .c... ....................._.........
Street /Hamlet / Use District on Zoning Map
District 1000 Section Block 2 Lot /006Current Owner Mitchell A. Marks
......................................................
Mop No. Lot No. Prior Owner Geor.ge. Mesaikos
2. PROVISION. (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by ;umber. Do not quote the Ordinance.)
Article ;/VTU Section /da -- 2�75 , p (i
3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box)
(-I A VARIANCE to the.Zoning Ordinance or Zoning Map
( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3 t '
4. PREVIOUS APPEAL A previous appeal (kds) as Dnot) een made with respect to this decision
of the Building Inspector or with respect to this property.
Such appeal was ( ) request for a special permit
( ) request for a.variance
and was made in Appeal No. ................................Dated .................................................................... ..
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
( ) A Variance to the Zoning Ordinance
is requested for the reason that Mitchell A. Marks be granted permission to locate l'
his pool closer than the top of the bluff than is allowed under the current
zoning ordinances. The mistake thatras made was made bX the contractor and
was a measurement mistake:
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TTAizCHITECTS
�;;11Lt:aY'y 10, 1C91
lAitchel Marks
lvfain Road
Orent Point, fdzc:' York.
Residence
Vlain Road
Orrnt point.New Fork
Bea):
I have revici,,,ed the information you st:pplieti my i!fflC.e re�a3Cling the. disposition of the
location of the cwimmi r, pool at:your residence. In a brief coxisultatiorP i have made the MAial
c?cterntin,:Ptiail that to move),70CIr pool at this Oj-Aie might .further disv-ipt the delicate nature of
the bluff upon which it is sitclated. i'Ne extensive landscaping you have und0--Ttaken over the
lest yoa.r to insure the stability of the bluff should assist the municipality in determining that
to P_Iproot the pool at.this ti,n would only have deleterious effect can O)c bluff as a whole. I
hope my ar alysis pro=res helpful'. to you.
I look forward to woriwinf,with you further on your plans. If I may be of further se-vice in this
I?1?i ttF'C'�)lca$ ' i,r`t :'Plc"` lc:7ii'vV.
f arrlQ.,it;r A. I la fit, AJ.<*.
-1.19 lvlr>rcer:street New York,New York:t.t)012
Tel:: 12 2226-56% Fax, 21.2-226-82`4
Page 11 - February 22, 1991
Public Hearing - Frank C. Gilbert, Jr.
Southold Z.B.A.
is correct.
MR GILBERT: There is more space there. I guess there is a
least four or five feet.
CHAIRMAN GOEHRINGER: Sometime in the mid 80 ' s we imposed
which was originally 239, I 'm sorry 139. 4 which ended up to
be in the new zoning code 239. 4 or 239d. In all cases it
reflects the bulkhead or the lip of the bluff on the Long
Island Sound.
MR GILBERT: Thank you.
CHAIRMAN GOEHRINGER: You are very welcome Mr. Gilbert.
Thank you. Hearing no further questions I make a motion
closing the hearing reserving decision until later.
All in Favor - AYE.
Appl. No. 4006
Applicant(s) : Eric and Mary Ann Alexander
Location of Property: Peconic Bay Blvd. , Laurel
County Tax Map No. : 1000-128-4-20
The Chairman opened the hearing at 8: 02pm and read the
notice of hearing and. application for the record.
CHAIRMAN GOEHRINGER: I have a copy of the survey done by
Young and Young. The most recent date is May 29, 1975.
Indicating a rather large one story frame house and garage on
this 19665 sq ft lot and a copy of the Suffolk County Tax Map
indicating this and surrounding properties in the area. Is
there somebody who would like to be heard in behalf of this
application? The Alexander' s have requested a recess until
the next regularly scheduled meeting unless there' s any
questions from Board Members I' ll grant that request.
Thank you. The date will be March 22, 1991 and I offer that.
as a resolution gentlemen.
All in Favor - ,AYE.
Appl. No. : 3977
Applicant(s) : Mitchell Marks
Location of Property: 29829 Main Road, Orient
County Tax Map No. : 1000-14-2-1. 6
The Chairman opened the hearing at 8:05pm and read the
notice of hearing and application for the record.
CHAIRMAN GOEHRINGER: , This is an application that was opened
Page 12 - February 22 , 1991
Public Hearing - Mitchell Marks
Southold Z.B.A.
at the last regularly scheduled meeting and was asked for a
recess. You are welcome to use the microphone and state your
name.
MR MARKS: I contracted a builder to build a pool in my
backyard and supposedly he was going to comply with all local
variances and ordinances. After the pool was built it turned
out that it was approximately 12 to 16 feet too close to the
rear property line which is on the water, which faces the
water. I have a letter, I had an architect take a look at
the property and take a look at the plantings that we did, I
have submitted this to the Board. Which basically says that
he feels that to move the pool back would probably cause more
damage then to keep the pool where it is. Also the neighbor
to the east of my property recently received a variance to
build a pool which was less then half the distance between my
pool and the top of the bluff, the rear of the house I 'm
sorry. The top of the bluff is approximately 58 feet from
the top where mine is I think 88 feet.
CHAIRMAN GOEHRINGER: I measured it. 76 from the closest
blow out on the top of the lip of the bluff to the edge of
the deck.
MR MARKS: 76 feet instead of 100.
CHAIRMAN GOEHRINGER: Right. You are talking pool and I 'm
talking about closest construction. Closest construction is
really the deck.
MR MARKS: Right there' s another 10 feet which makes 88, 86.
The deck is just laying on top of the dirt. The other thing
is I don' t think it would really abduct any of the neighbors
to having it where it is opposed to moving it back. It' s
visible by property, the lot to the right and it' s a
relatively a large piece of property. I don' t think it' s
going to disturb them too much.
CHAIRMAN GOEHRINGER: Will anything change other then what we
see except for the fact that you will put a permanent fence
around it?
MR MARKS: No.
CHAIRMAN GOEHRINGER: Overhead lighting?
MR MARKS: Nothing. I mean I would probably next year I
would build, I would replace the steel pipes with wooden
pipes.
Page 13 - February 22, 1991
Public Hearing - Mitchell Marks
Southold Z.B.A.
CHAIRMAN GOEHRINGER: Right. You have no intentions of
enclosing it?
MR MARKS: No.
CHAIRMAN GOEHRINGER: I have no problems with it, to be
perfectly honest with you. I have no idea how my fellow
Board Members feel about it. Only because of where the
property slopes. It slopes away from the bluff toward the
pool and we are concerned about sloping toward the bluff and
an erosion factor. That would only occur, god forbid if you
lost the whole bluff. I doubt seriously in that case.
MR MARKS: I put fertilizer on the bluff and throw some grass
seed on it a couple times a year. It' s also watered
regularly.
CHAIRMAN GOEHRINGER: It looks great.
MR MARKS: Do you want the letter from the architect?
CHAIRMAN GOEHRINGER: Sure. Thank you very much sir. Is
there anybody else who would like to speak in favor of this
application? Is there anybody who would like 'to speak
against the application? Questions from Board Members?
Hearing no further questions I make a motion closing the
hearing reserving decision until later.
All in Favor - AYE.
Appl. No. : 4004
Applicant( s) : David J. Verity
Location of Property: Rocky Point Road, East Marion
County Tax Map No. : 1000-31-2-10 . 2
The Chairman opened the hearing at 8: 08pm and read the
notice of hearing and application for the record.
CHAIRMAN GOEHRINGER: I have a copy of the Suffolk County Tax
Map indicating this and surrounding properties in the area.
How are you tonight sir? Is there anything you would like to
state for the record other then what you told me when we
were down there?
MR VERITY: I ' ll answer any questions.
CHAIRMAN GOEHRINGER: We have for the record a framed garage
which is 16. 3 ft in depth and approximately 29 feet in length
at it' s closest point it' s 7.1 feet from the southwesterly
property line. It does not contain any lighting fixtures
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PEA R
1,
l,:titchel lvla*5
1\4ain Road
Orent roi.nt,i,'Pw York
1-4,; I?esidellce
,Main.Road
Orent Point,New York
Dear
I have reviewed the information you -supplied my office regarding the di-
,position ot.the
location of the Swimming,pool at Four residence. Ina brief consultation I have made the initial
de.tzrrnination that to move your pc at this tirne.might further disrupt the delicate nature of
the bluff upon-which it is sitiz3ted. The extensive landscaping you have undorta.ke" over the
last year t0 insurio the stability o{ the bluff should assist the municipality in determining that
to uproot the pool at this tirnp,vould only have deleterious effect on the bluff as a.whole. I
1101:)e 1T1y E1naiysis pro?"e_s htlpf"11 to you.
i look torw.ard to working,with you further on voT.ir plans. If I may be of further ser v-ce in this
matter please lett rune know.
erely,
Canipion H. Platt, A.I.A.
-t Now`Cork,New York:I.0012
26-5656 Fax: 21.2-226-8224
B0�1t.0 .OF HEALTH' . . . . . . . . . . . .
3 SETS OF PLANS . . . . . . . . . . . .
FORM NO. 1 .. SURVEY
TOWN OF SOUTHOLD. CHECK
BUILDING DEPARTMENT SEPTIC FORM . . . . . . . . . . . . . . . .
TOWN HALL
SOUTHOLD, N.Y. 11971 NOTIFY
TEL.: 765-1802 CALL . . . . . . . . . . . . . . . . . . . . .
Examine! . . . . . . . . . . . . .. 19 MAIL T0 .
. .
Approved . . . . . . . . . . . . .. 19 .
Disapproved a/c . . Permit No. . . . . . ... .
Q . . _ . . . . . . . . . . . . . . . . . ... . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Building.Inspector) f f
APPLICATION FOR BUILDING PERMIT-
Date
INSTRUCTIONS
This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector,with 3
sets of plans,accurate plot plan to scale. Fee according to schedule.
1 Plot plan showing location of lot and of buildings on remises relationship adjoining
P p to � g� premises or public streets
or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli-
cation.
c. The work covered by this application may not be commenced before issuance of Building Permit.
d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit
shall be kept on the premises available for inspection throughout the work.
e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy
shall have been granted by the Building Inspector.
APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the
Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or
Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described.
The applicant agrees to comply with all applicable laws, ordinances, building code, housing code. and regulations, and to
admit authorized inspectors on premises and in building for necessary inspectio
. . . . ... . . . . . . . . . . . .
(Signature of applicant, or name, if a corporation)
. . . :. . . . 6 �' . . : . . . .�i/. .(�.: : . . . ti-y. . .:� . . . .
(Mailing address of applicant) /o- o 3
State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder.
OWti��
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. . ..,. . . . .. . . . .
Name of owner of premises . . i�•��/c L.. . . . . . ..z.��. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..... . . . . . . .
(as on the tax roll or latest deed)
If applicant is a corporation,signature of duly authorized officer. l
. .. .. .. . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . .
(Name and title of corporate officer) i
Builder's License No. . 1r7PEl!A� • /oo�•�. .19c-
Plumber's License No.
•. . .CL. . . . . . . .
a.�aA�-.
Electrician's License No. . . . . . . . . . . . . . . . . . . . . . .
Other.Trade's License No. . . . . . . . . . . . . . . .
j! Location of land on which proposed work will be done:
House Number Street. Hamlet . . . .
i
County Tax llap No. 1000Section . . • • . • . • . Block . . ,�, , , , , , , , , , , • , Lot . . :� , , , _ •
Subdivision . ����°� /'�'v� '� c" GD : . . . . . . . . . File Ma N. . . . . . . . . . . . . .(Nailie) . . p .,o. . . . . . . . . . . . . . . . Lot . . . . . . . . . . . . . . . l
State existing use and occupancy of premises and intended use and OCCU a
d � P' y .._ P ncy of proposed construction:
.
A. Existing use and occupancy— . . . : . . . . . . , , ,
B. Intended use and occupancy. . . . . . . . . . . . . . . . . �� . .. . . . ... ... . . . . . . . . . . .
v.
3. Nature of work (check which applicable): New Building . . . i. . . . . . Addition .X• • • • • • • . Alteration
Repair . . . . . . . . . . Removal . . . . . . . . . . . . . . Demolition . . . . ..... . . . . . . .Swi:n�ing pool. . •.. . . ... . : .
Tennis�Court . . . . . . . . . Accessory Building. . . . . . . . . .Fe' e Other Work. . . . . . . . . . . .
Estimated Cost . . . . . . . . . . Fee
(to be paid on filing this application)
S. If dwelling,number of dwelling units . . . /• •.. • • . . . . . Number of dwelling units on each floor . . . . . . . . . . . . . . . .
Ifgarage,number of cars . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... . . . . . . .
6. If business.commercial or mixed occupancy, specify nature and extent of each type of use . •�•7�� :"'¢�'
7. Dimensions of existing structures, if any: Front . .�f. . . . • • • • . Rear . .:..��. . . . . . . . . Depth . . . . ... . . . . . . . . .
Height . . aO. . . . . . . . . . . Number of Stories . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . .. . . . . . . . .
Dimensions of same structure with alterations or additions: Front : . :.. . .:: . . . . . . . Rear . . . . . . . ... . . . . . . . . .
Depth . . .. . . . . . . . . . . . . . .. . . . Height . . . . . . . . . . . . . . . . . . . . . . Number of Stories . . . . . . . . . . .... . . . . . . . . .
8. Dimensions of entire new constriction: Front . . . . . . . . . . . . . . . Rear . . . . . . . . . . . . . . . Depth . . .... . . . . . . . . . .
Height . . . . . . . . . . . . . . .Number of Stories . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . .
9. Size of lot: Front . . . . . . . . . Rear . . . . . . . . . . . . . . . . . . . . . . Depth
0. Date of Purchase . . . ��S�.. . . . . . . . . . . . . . . . Name of Former Owner . .(''�. `• •f '`•'.' • !?��3A«S
1. Zone or use district in which premises are situated . X6..q?'44- • • • • • • • . • • • • • • • • • • . ' ' ' ' ' ' ' ' ' ' "' ' ' ' ' ' ' '
?2. Does proposed construction violate any zoning law, ordinance or regulation:_— .!Ga. • • • • • • • . . • • • •• . .
3. Will lot be regraded . . N. °. . . . . . . . . . . . . . . . . • • . . . . Will excess fill be removed from premises: Yes .. 1 .•.
14. Name of Owner of premises . f?�!:��/C�Y. !.�:" • •Address . .�.o , , , ;a', �!!�!�Y: Phone No. ?��:��*�•q��'• • • .
Name of Architect . . . . �'�.'°°'6j. . . . . . . . . . Address . . . . . . . . . . . . . . . . . . . Phone No. . . . . ... . . . . . . . . .
Name of Contractor . ./,,r,�c�i�L. uc,s. . . . . , , , . . Address . . . . . . . . . . . . . : . . . . . Phone No. . . • • • • • :•
15•Is this property located within 300 feet of a tidal' wetland? ^Y1;S.0 .NO... .
*If yes, Southold Town Trustees pIcOrmit TDIAGRAlv4 a .required.�h,,",.Co
Locate clearly and distinctly all buildings, whether existing or proposed, and.indicate all set-back dimensions from
property lines. Give street and block number or description according to deed, and show street names and indicate whether
interior or corner lot. \
STATE OF NEW YORK, S,S
COUNTY OF . . . . . . . . . . . . . . . . .
• ••. , , • . . . . . . . . . . . . . . . . . . . . . being duly sworn, deposes and says that he is the applicant
• . . . . . . . . . . . . . . . . . . .
(Name of individual signing contract)
above named.
Heis the . . . . . . . . . . . Gv.. . . .. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . .....
(Contractor,agent, corporate officer, etc.)
of said owner or owners, and is duly authorized 'to perform or have performed the said work and to make and file this
application; that all statements contained in this application are true to the best of his knowledge and belief;and that the
work will be•perf`otmed in the manner set forth in the application filed therewith.
Sworn to before me this p
a
. . . . . . ..1 a
. . . . . . . of. . . . . . . . %. . . . . . . . .. 19 .7.b
Notary Publi . . . . . . • • • • County NARVEY MA S
NOTARYPUBLIC,State of NewYotk . . . , , . . . . . . • . . , . • , . . . . . . . . . . . . . . •
No.30.2539625 (Signature of applicant)
Qualified in Nassau County
Commission Expires)WIh 300 1436�
wo.,
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APPEALS BOARD MEMBERS SCOTT L. HARRIS
Supervisor
Gerard P. Goehrin er, Chairman �
Charles Grigonis, Jr.
Town Hall, 53095 Main Road
Serge Doyen, Jr. P.O. Box 1179
Joseph H. Sawicki Southold, New York 11971
James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823
Telephone (516) 765-1809 TOWN OF SOUTHOLD Dec . 13 , 1990 Telephone (516) 765-1800
S.E.Q.R.A.
TYPE II ACTION DECLARATION
Appeal No. 3997
Project/Applicants: Mitchell Marks
County Tax Map No. 1000 14-2-1 . 6
Location of Project: 29829 Main Rd. , Orient , NY
Relief Requested/Jurisdiction Before This. Board in this Project:
Variance for approval of swimming pool , decks and fence construc-
tion with a setback at less than the required 100 ' from bluff along
L . I . Sound
This Notice is issued pursuant to Part 617 of the
implementing regulations pertaining to Article 8 of the N.Y.S.
Environmental Quality Review Act of the Environmental
Conservation Law and Local Law #44-4 of the Town of Southold.
An Environmental Assessment (Short) Form has been submitted _
with the subject application indicating that no significant
adverse environmental effects are likely to occur should be
project be implemented as planned.
It is determined that this Board' s area of jurisdiction
concerning setback, area or lot-line variances determines this
application to fall under the established list of Type II
Actions. Pursuant to Section 617.2jj , this Department is
excluded. as an involved agency.
This determination shall not, however, affect any other
agency' s interest as an involved agency under SEQRA 617.233 -
For further information, please contact the Office of the
Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at
. (516) 765-1809.
me
Notice of Hearings
Southold Town Board of Appeals
Regular Meeting - January 11 , 1991
Copies mailed to the following:
Mr. Gregory Fegos, 215-14 49th Ave. , Bayside, NY 11364
Mr. Rudoloh Bruer, P.O. Box 1466, Southold, NY 11971 for Mr. & Mrs. Robert Sieber
Mr. Paul Caminiti , Esq. P.O. box 992, Southold, NY 11971 for Mr. & Mrs. John Fiore
Pamela Ann Conlon, 96 Shelley Ave. , Port Chester, NY 10573
Pudge Corp. , P.O. Box 1465, Southold, NY 11971
, �Mr. Mitchell Marks, 60 East 8th St. , New York, NY 10003—
Ward Associates, P.C. , 1500 Lakeland Ave. , Bohemia, NY 11716 for Stanley Wernick-
Mr. and Mrs. Henry Raynor, 275 Cardinal Drive, Mattituck., NY 11952
Mr. Joseph Sawicki , 4002 ROW off Old North Rd. , Southold, NY 11971 for Frank Sawicki
J. Kevin McLaughlin, Esq. , 828 Front St. , P.O. Box 803, Greenport, NY 11944 for
Michael Cholowsky
Kenneth L. Edwards, P.O. Box 332, Fishers Island, NY 06390
enclosure for patio and eri�ting Exception applicatiot;to lie I
wooden deck with insuf-`1 su4 �f!�parately.-Ptemi4e! s,knd"
I
backs from the bulkhead de(or.> �3340 Horton's Lane:5ovthol ;NY:•,
rear)property line on"ih =-jcit ;;'Cotia�t}t.'laz IV ap_0 16.± 1000-•`
fronting along Cedar Beach Road and ,' 55-1 9 and - ._ L
x�xµ-8:15 ,P.' 4p1. No,3993
the west sidc_•of Sunset WaY;`.;:, ' KENNETH L.EDWARDS.Vari=`
Southold,NY;County Tax Map Par-..' '.ance to the Zoning Ordinance.Article'
cel ID No.1000 91-1-5;also referred
to as Lots 158 and 159 on the"Map III,Section 100-33 (100-30A.4)'for.;,
of Cedar Beach Park Subdivision" `r::.-permission to locate.accessory b�
(The dwelling as exists is noncon='`'"'''m8 ed
in an a�other than the nq.
aid.Location Of.Propertyi,The<
forming as to the rear yard and side- ':'raT Y Fishers Island,'NY,
yard setback,and the lot area and , _Gloamu►8.
depth are also nonconforming m this 3 ijrTax Map Pared ID•Pio t1000-
rsr;x•••c
�L RAO Zane DistncL, i''
R-40 Zane District) vt Sara of pppeata wtII:t snd
7:38 p ppl No 3992- r �ii,and 0-cc hear any,and a1l;pet.
jMELA'ANN,CONLON(:Vanance *pm , to _
to the Zoning Ordinance;Article r; ;:,sans a rue+ �� - '
}pOV,Section 100 244B for permis= .` ;heard in each�of the above matters:"
sion to construct new dwelling.with ;a�; _written comrrieriu'may,also be sub=
insufficient front and side-yard set;;Fit;:m .Pt!of to the conclusion of the•
backs.(The lot is nonconforming as ?:?,pibject hearing,.Fick hearing will riot;
to area and depth in this Agriailtural=;.° rt before the time allowed on W _Y
Conservation Zone District•)Location .' F'-oral time for.your preaeote
of property. pcconic Bay Boule- I kbe available;if needed For more,
-i orrnation plesse.ca11765 1809 (:.c
ward (aJk/a 100 N. Oakwood Dr.),
13,1990
Laurel,NY;Parcel ID No.1000 127-,:r, ?mod tt�i 't
BY ORDER OF THE SOUTHOLD
8-9.. TOWN BOARD OF APPEALS
7:42 p.m. Appl No. 3984 - 1 GERARD P GOEHRINGER
pUDGE CORP.Variances to the sf arCHAIRMAN
:�Zoning Ordinance,Article XIV,Sec- r By Linda Kowalsk.i
Lions 100-141B(1)and CS1):( forte
\ permission to establisli truck"Yen% -
business as an accessory use,in addi=
-- lion to the Special Exception use oon- '
ditionally approved 9110187 under
peel.No..3660,and as limited by
"'
Condition No..`10; and (2) for
;approval of extended (modified)J
'height of principal building.in excess', STATE OF NEW YORK)
<:•of that approved under Special .
-I.Exception Condition No.8 Prariius )SS:
` .:u zoned Light Industrial{Ll);and
>; COUNTY OF SUFFOLK)
, _.
L"':_-located at 1040 Hortot>�'s.Lane,::
i' Southold NY.Cotm urr Map Par
-.
ce1IDNa 000631 10.. ��/� P�C of Mattituck, in
_..
45`p.m. Appl. No. 397T
SfiTCHELL MARKS.Variance to"" said County,being duly sworn,says that he/she Is Principal
`the Zoning Ordinance._Arlicle
Section 100-239B for-approval'oi Clerk of THE SUFFOLK TIMES, a Weekly Newspaper,
swimming pool,deck and fence coo =. published at Mattituck, In the Town of Southold,County of
sttuction with a setback at less thane
the required 100 feet from.bluff along Suffolk and State of New York,and that the Notice of which
the Long Island Sound 29829 Mom. `
,,Rosa,orient,d S county Tax Map , the annexed Is a printed copy,has been regularly published in
Parcel ID No.1000-14-2-1.6.Premis-, '*� said Newspaper once each week for weeks
es is located in the R-90 Zone Dis successively, cofnmencing on the _ day of
to 7:48 pp m. Appl:No. 3996
STANLEY WFiR ICK.Variance to. ..
the Zoning Ordinaltoe,Article XXHL .F
construct
100 239.4Baddition
for permission to..
... .construct addition and pool with
fence enclosure with a setback at less
;` the required 100 feet from
NOTICE OF HEARINGSIsland
the
,,,. .
NOTICE IS HEREBY GIVEN;1'-'X7"oP 0 bluff along M g gp Re a, -" Pr'nci Clerk -
airsuant to Section 267 of New York `dential and located along Private
I,,and the Code of the Town lRoad Noi Ctitchogue;County ,
,{Southold,the following hearings Tax Ma Parcel ID No 1000 72 1
,/ill be held by the SOUTHOLD t r P 3 '•
IOWN BOARD OF APPEALS at16 Sworn to a ore is
at the Southold '•7.52 p.in Appl: No. 3998 -�
2egular Meeting, gENRY AND MARY RAYNOR day o 19
Town Hall, 53095.Main.Road, Variance for approval of access put-, _ i;;F: Y!�•4FGf�nid
Southold,NY 11971;on FRIDAY, r :rant to New York Town Law Sec �?��Y Pl16LlC,�i2Ce of iimyye k
JANUARY 11 1991,at the-follow' iron A over private right-of way Go°IY� ?o.�,S°,���0
i r extending off the south aide of Peron ,i::.,,i
7:30 p.m. Appl No:3995 is Bay Boulevard;laurel,to premmses r
Variance to the ,
GItF,GORY FEGOS.,.., .. , ��;:(dpnifed as County Tax Map Parcel ---
Zon' Ordinance,Article'XXI 1. _
Section.100-244B for appioval.of.r'!--,-.Nos 1000-126�1-1.2,5.Premises is -
open deck addition with a reduced. ;t;�:,_loam m the R 40 Low-Residential -
setback from the.southerly:side.Plop ;Zone District and is also tefemd to as
ert line (The lot area and.depth of:.._�;n:.`Lots 24 through 30 on the Map of;
this parcel are naacxorming Downs"filed'in the S
in this "A L Qerik's Office on August 14,,"
R-40 Zone District.):Location of n File No.21.
property:1450 NaugIes Drive.Mato } ; 7:as p.m.:Appl No.3999
mck;NY;Count Tax Ma parcel -
Na'1000-099-5-17 ; `R r � rthdinanceID,Aru�ole III,Sec-
7:33 p.m: Appl.`No.:3986
ROBERT AND NORMA SIEBER -:b .;lion 100-31 for permission to utilize _
Variance to the Zoning Ordinance..z. „fisting barns for storage of,general -
Article
XXIV,Section 100 244(B)for
:rums'(instead of agricultural storage)• =.
approval of deck/patio construction +.'=.Subject premises is located in the
with an insufficient front yard setBricultural Conservation Zone Dis-
back (Ihe lot is aaiconformir►g as to �ct and is.situated along the north
area and width in this R-00 Zone Jhs , ;,�-aide of Old North Road,Southold; "
area a Location h Property:4945. .;'identified nn the Suffolk County Tax
Main Bayview Road and the easterly as parcel No.i000 05130399 _; -
side of Smith Drive North,Southold, 8:03 p.m.:App _
also referred to as Lots 83 &84 on '•MICHAEL CHOi -er)
ORINDA C.CASOLA,Owner)., _
the Subdivision map of".Goose 0' Ordinance,
Neck";County Tax Map Parcel ID =-:Variance to the Zoning
:'Article III,Section 100-31B(7)(c),
Na 1000 76 2-20. := -- establishment, :.
concerning proposed
7:35 p.m. Appl. No. 3991 =; - lion of 8 a. olf. ..
JOHN AND GRACE FIORE Vari- ,'•',:00RSOA and operation
driving range,a miniature golf course
>ma to the Zoning Ordinance.Ankle .and building with office accessory
r -
XXIV.Section 100-244 and Article - ,•
:t V Section IM244B and Article and'incidental thereto,without necas- _
�QGII,Section 100-239.4,for pemtis- j_city of ownership or operation by'a.,1;
^fin to'conntuct extension to screen knot for profit corporation Special -
sc'x.'ri;•-:�sY�_.
�\ COUNTY OF SUFFOLK
ss:
STATE OF NEW YORK
Patricia Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in Suffolk County;
and that the notice of which the annexed is a printed copy,
has been published in said Long Island Traveler-Watchman
once each week for.. . ... . .. . ..... . . ......e�. . weeks
successively,commencing on the .... . . ..••... ... ..
da . . . .. .. . ..,
......... . . ......(�/.
Sworn to before me this . . . ...... ..a. day of
� -�
Notary Public
BARBARA A.SCHNEIDER
NOTARY PUBLIC,State of Ibtt r411
No,4806846
Qualified in Suffolk C j
call sbn Expires 773
i 9i
d
NOTICE OF HEARINGS of Cedar Beach Park Subdivi- 100 feet from the top of bluff 8:15 p.m. Appl. No. 3993-w
„ ',of
(The dwelling as exists is along the Long Island Sound. KENNETH L.,EDWARDS:7-
r
Nonconforming as to the rear
yard and sideyard setback,and Premises is zoned R-80 Residen- Variance to the'Zoning Or:
NOTICE IS HEREBY GIV tial and is located along Private :i dinance, Article III, Section•;.
the lot area and depth are also EN,pursuant to Section 267 of Road No. 5 at Cutchogue; 100.33(100-30A.4)for permis-
New York Town Law and the nonconforming in this R-00 Code of the Town of Southold, Zone District.) County Tax Map Parcel ID No. sion to locate accessory bu$ditig'
1000-72-1-1.6..• a. in an area other than the re-''`
the following hearings will be 7:38 p.m. Appl. No. 3992- 7:52 p.m. Appl. No. 3998- quired rear
PAMELA.ANN CONLON. yard. Location of&;
-'held by the SOUTHOLD' :HENRY AND MARY RAY- Property: The Gloaming'•-'t
TOWN BOARD OF APPEALS Variance to the Zoning or-
NOR.Variance for approval of 1 Fishers Island,NY;County Xax rf
at a Regular Meeting, at the dinance,Article XXIV,Section access pursuant to New York Map Parcel ID No.l000-10.9-2:
Southold Town Hall, 53095 100-244B for permission to con- Town Law,Section 280-A over R-40 Zone District.
Main Road, Southold, NL struct new dwelling with insuf- private right-of-way extending The Board of A
11971,on FRIDAY,JANUARY ficient front and side yard set- g y 8 Ppeals y and�'
off the south side of Peconic said time and place hear any and
11,1991,at the following times: backs.(The lot is nonconform- Bay Boulevard, Laurel, to) all persons or representative
7:30 p.m. Appl. No. 3995- t,;,_mg as to area and depth in this premises identified as County desiring to be heard in each of..
GREGORY FEGOS. Variance Agricultural—Conservation Tax Map Parcel Nos, the above matters.Written co'
L?<<to the Zoning Ordinance,Arti z- Zone District.)Location: 1765 1000-126-4-1,2,5. Premises is' ' ments may also be submitted_-
`� 'r+ ?Peconic Bay Boulevard,a/k/a t,u: y,•,;,.^);,:cle XXIV,Section 100-244B for y -"located in the R-40 Low- prior to'-the conclusion of the�,-
approval of open deck addition T-s`d00 N.Oakwood Drive,Laurel,
P Residential Zone District and is subject hearing Each hearing>+
with a seduced setback from the `.r'NY;Parcel ID No.1000-127-8-9. ,. . : referred to as Lots 24 =,will not start before the time,
utherly'side property line 7 1 No. 3984 ? through 30 on the Map of A.L. allotted. Additional time for;'
so " '42 p.m. Appl
e lot area and depth of thisy PUDGE CORP. Variances to Downs".filed in the Suffolk y.,your presentation will be
the Zoning Ordinance,Article y August available,if'needed. For more p
i,parcel are nonconforming in this Count Clerk's office on
R-40ZoneDistrict.)Lwationof XIV,Sections 100141B(1)and 14,1929 as File No.21 information, please- call•
'Property: 1450 Naugles Drive, C(1)t (1) for permission to %'i7:57 {
establish truck rental business as p.m. Appl. No. 3999 Pated D
J�fattituck, NY; County Pax `FRANK SAWICKI:' Var- r Dated:December 13, 1990
an accessory use in addition to ' Ai ap Parcel No. 100-099-5-17. fiances to the Zoning Ordinance BY ORDER OF TH13,;i
7:33 p.m. Appl. No 3986- the Special Exception use con Article I1I,Section 100-31 for SOUTH
OLD TOWN BOARD-ff
ROBERT AND NORMA SIE— druonally approved 9/10/87 permission to utilize existing v a.OF APPEALS]—
BER. Variance to the Zonin under Appl.No.3660,and as t
g :barns for storage of general GERARD P GOEHRINGER
_ "Ordinance,Article XXIV,Sec- limited by Condition No. 10, items (instead of agricultural r is _'> CHAIRMAN
` tion 100-244(B)for approval of �d(2)for approval of extend storage). Subject premises is f z L�stdj "Linda Kowalski'I
deck/patio construction with an (modified) height of pan located in.the Agricultural- a 1X-1/3/91
• ci al building,in excess of that Y1_, _w,
Insufficient front yard setback. P 8 Conservation Zone District and r
fl�`'(The lot is nonconforming as to approved under Special Excep- ' situated along the north side
area and width in this R-40 Zone lion Condition No.8.Premises of Old North Road,Southold, '
District.)Location of Property: is zoned Light Industrial(LI) identified on the Suffolk Coun-
4945 Main Bayview Road and . and is located at 1040 Horton'V 1; _fy •pax Maps as Parcel No.Lin '
the easterly side of Smith Drivel Southold, NY County _1000 51-03 005
North,Southold;also referred Tax Map Parcel ID No o 4;,.8:03 p.m Appl. No. 3990-
tNeck"-
1000-63 110 i et ,
tows Lots 83&84 on the suu}},, MICHAEL CHOLOWSKY
t vision map of"Goose Neck"'� 7:45 p.m. Appl No. 3977 (LORINDA C. CASOLA;
i' MITCHELL MARKS Variance i::.
County Tax Map Parcel ID No. F:i,Owner).Variance to the Zoning .
%400-76-2-20, to the Zoning Ordinance Am :Ordinance,Article Ill,Section
qV.,$W?7:35!p.m. Appl. No. 3991- cle XXIII,Section 100-23911 for _ :a,100-31B(7)(c) concerning pro-
.
JOHN AND GRACE FIORE. approval of swimming pool, Posed establishment,construe-
Variance to the Zonin Or- _ deck and fence construction
8 with a setback at less than the uon and operation of a golf
dinance,Article XXIV,Section driving range,a miniature golf I I
100-244 and Article XXIV,Sec- required 1 o feet from bluff course and building with office
.tion 100-244B and Article along the Long Island Sound. accessory,and incidental thereto,
XXIII, Section 100-239.4, for ':•I'1i29829 Main Road,Orient,NY;.' without necessity of ownership-i
-permission to construct exten- ,Ft,;:County Tax Map Parcel ID No. or operation by a not-for-profit i 1
sion to screen enclosure for 't 1000-14-2-1.6. Premises is '
' located in the R-80 Zone corporation.Special Exception
patio and existing wooden deck o District. application to be filed separate-
Patio insufficient setbacks from 1ly.'Premises is known as 3340'
-- the bulkhead and side(or rear) '1 7:48 p m. Appl. No.+3996STA Horton's Lane Southold,NY'
property line on this corner lot iance Y WERNICK. Vaz County Tax Map Parcel ID No.
•.,fronting along Cedar Beach I fiance to the Zoning Ordinance,r✓ 1000-55-1-9 and contains 16.7t
`Article XXIII, Section,Road and the west 'side of ate,
Sunset Way, Southold, NY; 100-239.4B for permission to
County Pax Map Parcel ID No. %'`'construct addition and pool
-r:1000-91-1-5•also referred to as 66 with fence enclosure with a set-
::+' IAts,158 and 159 on the"Map- "back at less than the required
..... '; ..-�wx_..:_•-.vertu-"�i!�- :•s��:..,.•.� - - . - ,_. : ..d..-_ 1 A / u^
NOTICE OF HEARINGS 7:43 pm.? 40.400t5.—ERIC: I
NOTIC&�REBY GIVEN, AND MARY ::r_ LEXANDER.
pursuant to Section 267 of New York Variance to the Zoning Ordinance,
Town Law and the Code of the Town Article XXIV,Section 100-244B for
of Southold,the following hearings permission to construct addition to STATE OF NEW YORK)
will be held by the SOUTHOLD dwelling with an insufficient side yard )SS:
TOWN BOARD OF APPEALS at a setback from the westerly property.
Regular Meeting; at the Southold line.Premises is nonconforming as to COUNTY OF SUFFOLK)
Town Hall, 53095. Main Road, lot area in this R-40 Zone District,and
Southold.NY 11971,on FRIDAY. the existing dwelling structure is
FEBRUARY 22, 1991, at the fol- l nonconforming as to the westerly side SHARON ROCK of Mattituek, in
lowing times: CI yard and southerly (rear)yard set- Said County, being duly sworn,says that he/she Is Principal
7:30 p.m. Appf No. 3995 backs. Location of Property: South
DAVID J.STRUPP. Variance to the Side of Peconic Bay Boulevard,Lau- Clerk of THE SUFFOLK TIMES, a Weekly Newspaper,
Zoning Ordinance,Article III,Section ref,NY;County Tax Map Designate published at Mattituek, in the Town of Southold,County of
100-33 for permission to locate tennis 000-128-04-020.
court and croquet court in an area 7:45 p.m. Appl. No: 3977 — Suffolk and State of New-York,and that the Notlee of which
other than the required rear yard,for Variance to the the annexed is a printed copy,has been regularly published in
use accessory and incidental to the Zoning Ordinance,Article XXIII,Sec- p Ili
Sec-
applicant's residence. Location of. lion 100-239B for approval of swim- Said N@WSpaper 011Ce each week for 1 W@@kS
Property:Private Road,Fishers Island, ruing pool,deck and fence construc-
NY;County Tax Map District 1000, tion with a set-back at less than the successively, commencing On the 14 day of
Section 003,Block 03,Lot 005;also required 100 feet froM FEBRUARY 1991
referred to as Lot 6 and 5C,Block 18, Long Island Sound.29829 Main Road,
Map of Chocomount 2. Orient,NY;County Tax Map Designs
7:33 p.m.Appl.No,4001—PAUL tion 1000-14-2-1.6.Premises is local-i-
AND K ATHi EEN FORESTIERI. ed in the R-80 Zone District. .
Variance to the Zoning Ordinance, 7:50 p.m. Appl. No. 4004.
Article IIIA,Section 100-30A.3,Arti- DAVID J. VERITY, Variance to
cle XXIV,Section 100-244,for confir- Zoning Ordinance,Article , ec- Principal Clerk
mation or recognition of lot for the lion 100-30A.4(100-33)for approval The Board of s will at said
purposes of obtaining,in the future,a of accessory storage buildings located time and place hear any and all per-
building permit for a single-family in an area other than the required rear sons or representatives desiring to be
welling in accordance with the zon-. yard. Location of Property: 1673 heard in each of the above matters.
ng code set-back regulations.This ROW located off the easterly side of Written comments may also be sub-
avant parcel is nonconforming as to Rocky Point Road,East Marion,NY; mitted prior to the conclusion of the
of area in this R-40 Zone District. also referred to as Lot#3,Minor subject hearing.Each hearing will notKa?
start before the time allotted.Addition- 19
Location of Property:East Side of Par- ubdivision for.Kimon and Woodene _ ,,.`.�;.^;.�;, „r�.%,,,�,�•�-_.:; Olk
adise Shores Road,located a roxi- etzos;County Tax Ma Lot Desi al time for your presentation will be
PP tN P gam-
mately 1250 feet from the north side of on:1000-31-02-010.002 available,if needed. For more infor-
Bayview Road,Southold,NY;County 7:53 p.m. Appl. No. .4005 — motion,please call 765-1809.. dt/(
Tax Map Designation 1000-80-01- THOMAS KELi.Y and NANCY IAN- Dated:February 8,1991. ,
024.001. NICE . Variance to the Zoning
BY ORDER OF THE SOUTHOLD.
7.37 p.m.Appl.No.4000—SAL- 0Winance,Article M Section 100-33. TOWN BOARD OF APPEALS
VATORE AND JEANNE CATAPANO. ".GERARD E GOEMUNGER
Variance for approval of access pursuant i for permission to locate accessory CHAIRMAN
to New York Town Law,Section 280-a, garage structure in an area other than By Linda Kowalski
over a private right-of-way beginning at the required rear yard and situated 6945-1TF14
a point 514.73 feet from the southerly approximately 40 feet from Wells
side of S.R.25(Main Road);along the Road.Premises is nonconforming as to.
easterly side of South Harbor Road,and lot area in this R-40 Zone District and
extending in an easterly direction fronts along Jockey Creek.Location of
431.56 feet to Lot#2 of the pending Property:2725 Wells Road,Southold,
Minor Subdivision of the applicants- NY, County Tax Map Designation:
conditionally approved by the Planning 1000 70-4-16.
Board on Mardi 26,'1990.County Tax,
Map Designations of the subject Right- m; Appl. No. 3990 — =
of-Way and Lot#2 are: 1000-69-6-9.3 R 8 u A 00 Rl CHOLnW SK_Y(LOR-
and part of 27 in the Hamlet of m Aril A �Variance
Southold,NY. Ordinance,Article III,
7:40 p.m. Appl. No:'4002 to the Zoning
Section 100-31B(7xc)c�ceming ir+o-
FRANK C.GILBERT.JR.Variance to posed establishment,construction and
the Zoning Ordinance,Articles XXIII, p° olf driving range,a
Section 100-239AB and Article XXIV, operation of a g
Section 100-244B for permission to miniature golf course and_building
fi- with office accessory and incidental'
construct new addition with an insuf
cient set bads from the rear property thereto,without necessity of owner
line and less than 75 feet from bulk- ship or operation by a not-for-profit
head.The existing nonconforntties of corporation. Special Exception
this property are the lot area and sei- application.to be filed separately.
back of the existing dwelling to the Premises is known as aunt fax O Mep
bulkhead.Location of Property: 1095 Lane,Southold,NY;County.,
North Parish Drive..at Bayview, Parcel ID No. 1000-55-1-9-and con-
North
Southold;County Tax Map Designa- tains 16.7t acres.,.. _
tion:1000-71-01-011. —�.�
NOTICE OF HEARINGS to as . . .; and 5C, Block 18, nonconforming as a westerl
Map of Chocomount 2., ly side yard and southerly(rear)
7:33 p.m. Appl. No 4001- yard setbacks.Location of Pro- acres.
PAUL AND. KATHLEEN perty:South side of Peconic Bay The Board Appeals will at
NOTICE IS HEREBY GIo FORESTIERI. Variance to the Boulevard,Laurel,NY;County said time and place hear any and
EN,pursuant to Section 267 of, Tax Map Designati all persons or representatives
Zoning Ordinance,Article IIIA, desiring
New York Town Law and the g to be heard in each of
Code of the Town of Southold, Section 100-30A.3, Article 1000-128-04-020. the above matters.Written corn-
the following hearings will be XXIV,Section 100-244,for con- 7:45 p.m. Appl., No. 3977- ments may also be submitted
firmation or recognition of lot MITCHELL MARKS.Variance rior to the conclusion of the
held by the SOUTHOLD P
for the purposes of obtaining,in to the Zoning Ordinance,Arti-
TOWNBOARD OF APPEALS subject hearing. Each hearing
at a Regular Meeting, at the the future,a building permit for cle XXIII,Section 100-239B for will not start before the time
Southold Town Hall, 53095 a single-family dwelling in ac- approval of swimming pool, allotted. Additional time for
cordance with the zoning code deck, and fence construction
Main Road, Southold, NY with a set-back at less than the your presentation will 'be
11971,on FRIDAY,FEBRUARY set-back regulations..This vacant available, if needed. For more
parcel is nonconforming as to required 100 feet from bluff information 22, 1991,at the following times:. along g , please call
7:30 p.m. Appl. No. 3995- lot area in,this R-40 Zone g the Lon Island Sound. 765-1809.
DAVID J.STRUPP.Variance to District. Location of Property: 29829 Main Road, Orient, NY; Dated: February 8, 1991.
the Zoning Ordinance, Article East side of Paradise Shores County Tax Map Designation . By ORDER OF THE
Road, located approximately 1000-14-2-1.6. Premises is
III, Section 100-33 for permis- 1250 feet from the north side of located in the R-80 Zone SOUTHOLD TOWN
Sion to locate tennis court and District. BOARD OF APPEALS,
croquet court in an area other Bayview Road, Southold, NY, GERARD P. GOEHRINGER
than the required rear County Tax Map Designation :50 p.m. Appl. No. 4004-
q yard,for CHAIRMAN
1000-80-01-024.001. DAVID J.VERITY.Variance to
use accessory and incidental to By: Linda Kowalski'
the applicant's residence.Lora- 7:37 p.m. Appl. No. 41100_'�• the Zoning Ordinance, Article s3« 1X-2/14/91(22)
SALVATORE AND JEANNE IIIA,Section 100-30A.4(100-33)
tion of Property:Private Road, CATAPANO. Variance for ap- . for approval of accessory
Fishers Island,NY,County Tax
Map District 1000,Section 003, proval of access pursuant to. , storage buildings located in an
New York.Town Law, Section area other than the required rear.
Block 03,Lot 005;also referred
280-a, over a private right-of- yard. Location of Property:
way begining at a point 514.73 1673 ROW located off the
feet.from the southerly side of easterly side of Rocky Point
S.R.25(Main Road),along the Road, East Marion, NY, also
easterly side of South Harbor referred to as Lot No..3,Minor
Road, and extending in an Subdivision for Kimon and
easterly direction 431.56 feet to Woodene Retzos; County Tax
Lot No.2 of the pending Minor Map Lot Designation:
Subdivision of the applicants 1000-31-02-010.002. .
conditionally approved by the 7:53 p.m. Appl. No. 4005-
Planning Board on March 26, THOMAS KELLY AND NAN-
1990.County Tax Map Designa- CY IANNICELLI.Variance to.
tions of the subject Right-of- the Zoning Ordinance, Article
Way and Lot No. 2 are: III, Section 100-33 for permis-
1000-69-6-9.3 and part of 27 in sion to locate accessory garage
the Hamlet of Southold, NY. structure in an area other than
7:40 p.m. Appl. No. .4002- the required rear yard and
FRANK C. GILBERT, JR. situated approximately 40 feet
Variance to the Zoning Or- from Wells Road. Premises is'
dinance,Articles XXIII,Section nonconforming as to lot area in ,
100-239AB and Article XXIV,. this R-40. Zone .District.and
Section 100-244B for permission fronts along Jockey Creek;c_
to construct new addition with Location of Property: 2725
an insufficient set back from the Wells Road, Southold, NY;
rear property line and less than County Tax Map Designation:
75 feet from bulkhead.The ex- 1000-70-4-16.
isting nonconformities of this 8:00 p.m. Appl. No. 3990-
property are the lot area and set- MICHAEL CHOLOWSKY
back of the existing dwelling to (LORINDA C. CASOLA,
the bulkhead.Location of Pro- Owner). Variances to the '
perty: 1095 North Parish Drive Zoning Ordinance, Article
at Baview, Southold; County III, Section 100-31B(7)(c)
Tax Map Designation: 1000-71- concerning proposed establish-
01-011. ment, construction and opera-
7:43 p.m. Appl. No. 4006- tion of a golf driving range, a
ERIC AND MARY ANN miniature golf course and
ALEXANDER.Variance to the building with office accessory
Zoning Ordinance, Article and incidental thereto,without
XXIV, Section 100-244B for necessity of ownership or opera-
permission to construct addition tion by a not-for-profit corpora-
to dwelling with an insufficient tion.Special Exception applica-
side yard setback, from the. tion to be filed separately.
Westerly property line.Premises Premises is known as 3340 Hor-
is nonconforming as to lot area tonns .Lane, Southold, NY;
in this R-40 Zone District, and County 7hx Map Parcel ID No.
the existing dwelling structure is�;-0 1000-55-1-9 and contains 16.7t
COUNTY OF SUFFOLK
STATE OF NEW YORK ss:
Patricia Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in Suffolk County;
and that the notice of which the annexed is a printed copy,
has been published in said Long Island Traveler-Watchman
once each week for . . . . . . . . . . . . . . . . . . . . . . . . . . weeks
successively, commencing; on the . . . . . . . . .
day oI . /. . . . 19 q�. . .
Sworn to before me this . . . . . . . . . . v. . . . . . . day of
. . . . . . . . . . . . : . . .
Notary Public PARUARA A. SCHNEIDER
NCI ARY PUSH, State of Ne%v York
No. 4S05446
(; a;lifir�i III 5,.;'lolk Cou ty
C'_'I RiSsioa LJNIr J��� �Z
APPEALS BOARD MEMBERS SCOTT L.RABBIS
>r,
Supervisor
Gerard P.Goehrin er Chairman
Charles Grigonis,Jr. Town Hall,53095 Main Road
Serge Doyen,Jr. P.O.Box 1179
James Dinizio, Jr. Southold,New York 11971
Robert A. Villa BOARD OF APPEALS Fax(516)765-1823
Telephone(516)765-1809 TOWN OF SOUTHOLD Telephone(516)765-1800
TO WHOM IT MAY CONCERN:
Enclosed herewith as confirmation of the time, date and
place of the public hearing concerning your recent application is
a copy of the Legal Notice, as published in the Long Island
Traveler-Watchman, Inc. and Suffolk Times, Inc.
Please have someone appear in your behalf at the time
specified in the event there are questions brought up during the
same and in order to prevent a delay in the processing of your
application. Your public hearing will not start before the time
allotted in the attached Legal Notice. If you or your
representative should require more than 20 minutes to present
your case, it is suggested that the extended presentation be
submitted in writing at the hearing (if possible) .
Please feel free to call our office prior to the hearing
date if you have any questions or wish to update your file.
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
Enclosure
Notice of Hearings
Southold Town Board of Appeals
Regular Meeting - February 22 , 1991
Copies of Legal Notice Mailed to the following : 2/8/91
Dr. & Mrs . David J . Strupp , 455 East 86 St . , Apt. 34A, New York ,NY 10028
Mr . Paul Forestieri , 300 East 54 St. , New York , NY 10022
Paul A. Caminiti , Esq . , P . O. Box 992 , Southold , NY 11971 for Catapano
Mr . & Mrs . Frank Gilbert , 1095 North Parish Drive , Southold ,NY 11971
Mr. & Mrs . Eric Alexander , 4580 Peconic Bay Blvd . , Laurel , NY 11948
sOr . Mitchell Marks , 60 East 8 Street , New York , NY 10003
Mr . David Verity , 2085B Shipyard Lane , East Marion , NY 11939
J . Kevin McLaughlin ; Esq . ,8.28. Front _St. , P: O. Box .803 , Greenport ,NY for
Cholows.ky/Casola
Mr . J . Douglas Peix , 50605 Main Road , Box 333 , Southold , NY 11971 for
Kelly/Iannicelli
i 3 �51r��
APPEALS BOARD MEMBERS �^+ �i ► +� SCOTT L. HARRIS
4 Y �,Y rs
Supervisor
Gerard P. Goehringer, Chairman ,�l,`-.p'
Charles Grigonis, Jr.
Town Hall, 53095 Main Road
Serge Doyen, Jr. P.O. Box 1179
Southold, New York 11971
James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823
Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800
Copies of Legal Notice Mailed
to the following with transmittal
letter on 12/31/90: ap
Mr. and Mrs. Frank Reichart
15852 Irish Avenue
Monkton, MD 21111 Mr. and Mrs.
Alexander Aichinger
c/o Rohm International
767 Fifth Avenue
New York, NY 10153
Mr. Charles Andromidas
742 Lakeside Drive
North Palm Beach, FL 33408
Mr. and Mrs. Mathias Mone
10 Cross Road
Plandome, NY 11030
Ms. Rosemary Gutwillis
109 Bay Avenue
Greenport, NY 11944
Mr. Jeffrey Bettancourt
417 West 21st Street
New York, NY 10011 Mr. and Mrs.
Richard Beleski
c/o Colonna
3415 Gray .Moss ,Road
Charlotte, NC 28226
...._ a. ._ . .... ,. .. ... ... ......0 ..'}_L.?e... _ ... ...1 r ..._. '}.. .,.. .,.r.,. _ ... ._. _..>. .<..,. c...G..:.>..✓... ?...L. . ...:ta..._r... ......»,.,,._ _ .._ s ._
Notice of Hearings
Southold Town Board of Appeals
Regular Meeting - January 11 , 1991
Copies mailed to the following:
Mr. Gregory Fegos, 215-14 49th Ave. , Bayside, NY 11364
Mr. Rudoloh Bruer; P.O. Box 1466, Southold, NY 11971 for Mr. & Mrs. Robert Sieber
Mr. Paul Caminiti , Esq. P.O. box 992, Southold, NY 11971 for Mr. & Mrs. John Fiore
Pamela Ann Conlon, 96 Shelley Ave. , Port Chester, NY 10573
Pudge Corp. , P.O. Box 1465, Southold, NY 11971
r/(r. Mitchell Marks, 60 East 8th St. , New York, NY 10003
Ward Associates, P.C. , 1500 Lakeland Ave. , Bohemia, NY 11716 for Stanley Wernick
Mr. and Mrs. Henry Raynor, 275 Cardinal Drive, Mattituck, NY 11952
Mr. Joseph Sawicki , 4002 ROW off Old North Rd. , Southold, NY 11971 for Frank Sawicki
J. Kevin McLaughlin, Esq. , 828 Front St. , P.O. Box 803, Greenport, NY 11944 for
Michael Cholowsky
Kenneth L. Edwards, P.O. Box 332, Fishers Island, NY 06390
APPEALS BOARD MEMBERS o ''''¢Q' SCOTT L. HARRIS
Supervisor
Gerard P. Goehringer, Chairman A
Charles Grigonis, Jr. Town Hall, 53095 Main Road
Serge Doyen, Jr. P.O. Box 1179
Southold, New York 11971
James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823
Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 76/5-1800
�o
' M
TO WHOM IT MAY CONCERN:
i
i Enclosed herewith as confirmation of the time, date and
place of the public hearing concerning your recent application is
a copy of the Legal Notice, as published in the Long Island
Traveler-Watchman, Inc. and Suffolk Times, Inc.
Please have someone appear in your behalf at the time
specified in the event there are questions brought up during the
same and in order to prevent a delay in the processing of your
application. Your public hearing will not start before the time
allotted in the attached Legal Notice. If you or your
representative should require more than 20 minutes to present
your case, it is suggested that the extended presentation be
submitted in writing at the hearing (if possible) .
I
Please feel free to call our office prior to.'-the hearing
date if you have any questions or wish to update your file.
Yours very truly,
I -
GERARD P. GOEHRINGER
CHAIRMAN
Enclosure
•
` 5 Southold Town Board�� of Appeals
A,
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P.GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS,JR.
SERGE DOYEN, JR. NOTICE OF HEARINGS
J- m&-s J,D-n- Z-tD , J r.
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of New York
Town Law and the Code of the Town of Southold, the following
f
hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a
Regular Meeting, at the Southold Town Hall, 53095 Main Road,
Southold, NY 11971, on FRIDAY, JANUARY 11, 1991, at the
following times:
7:30 p.m. Appl. No. 3995 - GREGORY FEGOS. Variance to
the Zoning Ordinance, Article XXIV, Section 100-244B for
approval of open deck addition with a reduced setback from the
southerly side property line. (The lot area and depth of this
parcel are nonconforming in this R-40 Zone District. ) 'Location
of Property: 1450 Naugles Drive, Mattituck, NY; County Tax Map
Parcel No. 1000-099-5-17.
7: 33 p.m. Appl. No. 3986 - ROBERT AND NORMA SIEBER.
Variance to the Zoning Ordinance, Article XXIV, Section
100-244(B) for approval of deck/patio construction with an
insufficient front yard setback. (The lot is nonconforming as
to area and width in this R-40 Zone District. ) Location of
Property: 4945 Main Bayview Road and the easterly side of Smith
Drive North, Southold; also, referred to as Lots 83 & 84 on the
1
Page 2
Notice of Hearings
Board of Appeals
Regular Meeting - January 11, 1991
Subdivision map of "Goose Neck" ; County Tax Map Parcel ID No.
1000-76-2-20.
7:35 p.m. Appl. No. 3991 - JOHN AND GRACE FIORE.
Variance to the Zoning Ordinance, Article XXIV, Section 100-244
and Article XXIV, Section 100-244B and Article XXIII, Section
0..
100-239.4, for permission to construct extension to screen
enclosure for patio and existing wooden deck with insufficient
setbacks from the bulkhead and side (or rear) property line on
this corner lot fronting along Cedar Beach Road and the west
side of Sunset Way, Southold, NY; County Tax Map Parcel ID No.
1000-91-1-5; also referred to as Lots 158 and 159 on the "Map of
Cedar Beach Park Subdivision." (The dwelling as exists is
nonconforming as to the rear yard and sideyard setback, and the
lot area and depth are also nonconforming in this R-40 Zone -
District. T r'
7:38 p.m. Appl. No. 3992 - PAMELA ANN .CONLON. Variance
}
to the Zoning Ordinance, Article XXIV, Section 100-244B for
permission to construct new dwelling with insufficient front and
side yard. setbacks. (The lot is nonconforming as to area and
depth in this Agricultural-Conservation Zone District- ) Location of Property-
1765 Peconic Bay Boulevard (a/k/a 100 N. Oakwood Dr. ) , Laurel , NY; Parcel ID #1000-127-8-9
.7:42 p.m. Appl. No. 3984 - PUDGE CORP. Variances to the
Zoning Ordinance, Article XIV, Sections 100-141B(1) and C(1) :
(1) for permission to establish truck rental business as an
. accessory use, in addition to the Special Exception use
conditionally approved 9/10/87 under App1. No. 3660, and as
' limited by Condition No. .10; and (2) for approval of extended
_. :. ._... . ., ..:, , . ....... ... ,:_. ...;.;. -..,;::•. _ . .. . .u.... , .,._.w .._ ram.�� �, .��. .� . �..
Page 3
Notice of Hearings
Board of Appeals
Regular Meeting - January 11, 1991
{modified} height of principal building, in excess of that
approved under Special Exception Condition No. 8. Premises is
zoned Light Industrial (LI) and is located at 1040 Horton's - `
Lane, Southold, NY; County Tax Map Parcel ID No. 1000-63-1-10.
«� 7:45 pp �-
P.m. Appl. No. 3977 - MITCHELL MARKS. Variance to
the Zoning Ordinance, Article XXIII, Section 100-239B for
approval of swimming pool, deck and fence construction with a
setback at less than the required 100 feet from bluff along the
Long Island Sound. 29829 Main Road, Orient, NY; County Tax Map
Parcel ID No. 1000-14-2-1. 6. Premises is located in the R-80
Zone District.
7: 48 p.m.. Appl. No. 3996 - STANLEY WERNICK. Variance to
the Zoning Ordinance, Article XXIII, Section 100-239.4B for
permission to construct addition and pool with fence enclosure
with a setback at less than the required 100 feet from the top
of bluff along the Long Island Sound. Premises is zoned R-80
Residential and is located along Private Road No. 5 at
Cutchogue; County Tax Map Parcel ID No. 1000-72-1-1.6.
7: 52 P.M. Appl. No. 3998 - HENRY AND MARY RAYNOR.
Variance for approval of access pursuant to New York Town Law,
Section 280-A over private right-of-way extending off the south
side of Peconic Bay Boulevard, Laurel, to premises identified as
County Tax Map Parcel Nos. 1000-126-4-1, 2, 5. Premises is
located in the R-40 Low-Residential Zone District and is also
referred to as Lots 24 through 30 on the Map of "A.L. Downs"
Page 4
Notice of Hearings
Board of Appeals
Regular Meeting - January 11, 1991
filed in the Suffolk County Clerk' s Office on August 14, 1929 as
File No. 21.
7:57 p.m. Appl. No. 3999 - FRANK SAWICKI. Variance to
the Zoning Ordinance, Article III, Section 100-31 .for permission
to utilize existing barns for storage of general items (instead
of agricultural storage) . Subject premises is located in the
Agricultural-Conservation Zone District and is situated along
the north side of Old North Road Southold, identified on the
Suffolk County Tax Maps as Parcel No. 1000-51-03-005.
8:03 p.m. Appl. No. 3990 - MICHAEL CHOLOWSKY (LORINDA C.
CASOLA, Owner) . Variance to the Zoning Ordinance, Article III,
Section 100-31B(7) (c) concerning proposed establishment,
construction and operation of a golf driving range, a miniature
golf course and building with office accessory and incidental
thereto, without necessity of ownership or operation by a
not-for-profit corporation. Special Exception application to be
filed separately. Premises is known as 3340 Horton'-s Lane,
Southold, NY; County Tax Map Parcel ID No. 1000-55-1-9 and
contains 16.7+- acres.
8:15 p.m. Appl. No. 3993 - KENNETH L. EDWARDS. Variance
to the Zoning Ordinance, Article III, Section 100-33 (100-30A.4)
for permission to locate accessory building in an area other
than the required rear yard. Location of Property; The
Gloaming, Fishers Island, NY; County Tax Map Parcel ID
No. 1000-10-9-2. R-40 Zone District.
Page 5
Notice of Hearings
Board of Appeals
Regular Meeting - January 11, 1991
The Board of Appeals will at said time and place hear any
and all persons or representatives desiring to be heard in each
of the above matters. Written comments may also be submitted
prior to the conclusion of the subject hearing. Each hearing,
will not start before the time allotted. Additional time for
your presentation will be available, if needed. For more
information, please call .765-1809.
Dated: December 13, 1990. BY ORDER OF THE SOUTHOLD
TOWN BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
----------------------------------------------------------------x
o��F�ot�r�oG
o
APPEALS BOARD MEMBERS =3 ►Z SCOTT L. HARRIS
Supervisor
Gerard P. Goehringer, Chairman
Charles Jr.,onis Gri yO •
g �'y01 �� Town Hall, 53095 Main Road
Serge Doyen, Jr. P.O. Box 1179
Joseph H. Sawicki Southold, New York 11971
James Dinizio, Jr. BOARD OF -APPEALS Fax (516) 765-1823
Telephone (516) 765-1809 TOWN OF SOUTHOLD Dec . 13 , 1990 Telephone (516) 765-1800
S.E.O.R.A.
TYPE II ACTION DECLARATION
Appeal No. 3997
Project/Applicants: Mitchell Marks
County Tax Map No. 1000- 14-2-1 . 6
Location of Project: 29829 Main Rd. , Orient , NY
Relief Requested/Jurisdiction Before This. Board in this Project:
Variance for approval of swimming pool , decks and fence construc-
tion with a setback at less than the required 100 ' from bluff along
L . I . Sound
This Notice is issued pursuant to Part 617 of the
implementing regulations pertaining to Article 8 of the N.Y.S.
Environmental Quality Review Act of the Environmental
Conservation Law and Local Law #44-4 of the. Town of Southold.
An Environmental Assessment . (Short) Form has been submitted
with the subject application indicating that no significant
adverse environmental effects are likely to occur should be
project be implemented as planned.
It is determined that this Board' s area of jurisdiction
concerning setback, area or lot-line variances determines this
application to fall under the established list of Type II
Actions. Pursuant to Section 617 .2jj , this Department is
excluded as an involved agency.
This determination shall not, however, affect any other
agency' s interest as an involved agency under SEQRA 617 .233 -
For further information, . please contact the Office of the,
Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at
(516) 765-1809.
1�f OtAr
t s s+ = SCOTT L. HARRIS
APPEALS BOARD MEMBERS
Supervisor
Gerard P. Goehringer, Chairman
Charles Gri onis, Jr.
g �1 Town Hall, 53095 Main Road
Serge Doyen, Jr. P.O. Box 1179
Joseph H. Sawicki Southold, New York 11971
James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823
Telephone (516) 765-1809 TOWN OF SOUTHOLD Dec . 13 , 1990 Telephone (516) 765-1800
S.E.0.R.A.
TYPE II ACTION DECLARATION
a
Appeal No. 3997
Project/Applicants: Mitchell Marks
County Tax Map No. 1000- 14-2- 1 . 6
Location of Project: 29829 Main Rd . , Orient , NY
Y
Relief Requested/Jurisdiction Before This. Board in this Project:
Variance for approval of swimming pool , decks and fence construc-
tion with a setback at less than the required 100 ' from bluff along
L . I . Sound
This Notice is issued pursuant to Part 617 of the
implementing regulations pertaining to Article 8 of the N.Y.S.
Environmental Quality Review Act of the Environmental
Conservation Law and Local Law #44-4 of the Town of Southold.
An Environmental Assessment (Short) Form has been submitted
with the subject application indicating that no significant
adverse environmental effects are likely to occur should be
project be implemented as planned.
It is determined that this Board' s area of jurisdiction
concerning setback, area or lot-line variances determines this
application to fall under the established list of Type II
Actions. Pursuant to Section 617 .2jj , this Department is
excluded as an involved agency.
This determination shall not, however, affect any other
agency' s interest as an involved agency under SEQRA 617 .2jj .
For further information, please contact the Office of the
Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at
(516) 765-1809.
me
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Town Hall, 53095 Main Road
v'0 Off- P.O. Box 1179
Southold, New York 11971
JUDITH T.TERRY 1 FAX(516)765-1823
TOWN CLERK TELEPHONE(516)765-1801
REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TO: Zoning Board of Appeals
FROM: Office of the Town Clerk
DATE: December 13, 1990
RE: ZONING APPEAL NO. 3997 - Mitchell A. Marks
Transmitted herewith is Zoning Appeal Application No. 3997 of
Mitchell A. Marks together with the Notice to Adjacent Property
Owners, the Short Environmental Assessment Form, Notice of
Disapproval from the Building Department, Zoning Board of
Appeals' Questionnaire, a site plan map, a copy of the deed,
a copy of the contract sale of property, and a map of
the property.
Judith T. Terry
Southold Town Clerk
•� r 1+
REASON FOR APPEAL `Continued
Iri ,
,
1. STRICT APPLICATION OF THE ORDINANCE"would produce practical difficulties.or unneces-
sary HARDSHIP because there was a pool• that -was contructed slightly + `
less than .100 ,Square"Feet '.from the top of the bluff. This
was installed by, supposedly,"'� a professional ' installer 'and
he was supposed to comply with .all zoning '.ordinances ;and` .
building applications. I have tried to •contact.,him. -regarding
this matter and he has not" taken my calls: .'`,`All' of ' the monies
have been ,paid to .him with regard. ,to his contract.
y'•
+
2. The hardship created is UNIQUE and is not.s hared by all properties` alike in,.the immediate
Vicinity of this property and in this use district because
3. The Variance would observe the spirit of the Ordinance and WOULD..NOT CHANGE;,THE,
CHARACTER OF THE DISTRICT because
'Jl e variance would observe .the spirit of the .ordinances and
would not change- the character of •the district '.because' the
pool was built approximately 10-15 feet closer,-:than it should
have been and I feel that .this mistake will:'not'..intefere with
the typography or the 'spirit of the zoning` rules'. : :The: house inobL
is also situated on six acres and and is not;:;visible' by any.,
other houses or any other property.
i
STATE OF NEW YORK ) _ss COUNTY OF - ..
) signature,............
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Sworn to this .................................. \}.` day of ✓ .
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F ` *r )WN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL.NO.
DATE'..1Q/19/90........ j
; I
` TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. `
1, (We) ........:........of ......................... ...
iName of Appellant . Street and Number
................QN.igAt..ppint........................:................:..... ....NQW..YQX.'1L....HEREBY APPEAL TO r.
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO. .................................... DATED ......................................................
WHEREBY THE BUILDING. INSPECTOR DENIED TO
Mitchell A. Marks
.................................................................................
Name of Applicant for permit
of Main St. Orient•'Point New York
.....Street and Number.......................Municipality................. ....................`........
( ) PERMIT TO USE ..State
00 PERMIT FOR OCCUPANCY .
1. LOCATION OF THE PROPERTY ...... ....................._.........
Street /Hamlet / Use District on Zoning Map
District 1000 Section Block 2 Lot /004Current Owner Mitchell A. Marks
...............................................
Mop No. Lot No. Prior Owner. George Mesaikos
2. PROVISION. (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.)
Article �'►_7T7 Section /P01279 ej ,q_(�>
3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box)
(-I A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A VARIANCE due to lack of access (State of New York Town Law. Chap. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal (Kc(s) as not) een made with respect to this decision
of the Building Inspector or with respect to this property.
Such appeal was ( ) request for a .special permit
( ) request for a variance
and was made in Appeal No. ................................Dated .......................................................................
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
( ) A Variance to the Zoning Ordinance
N is requested for the reason that Mitchell A. Marks be granted 'permission to locate
his pool closer than the top of the bluff than ' is allowed under the current
zoning ordinances'. The mistake;.•that,:;was,. made :was:°.:made :bXy-ahe contractor and l
was a measurement mistake. I )
Form ZB1 * )
(Continue on other side). :
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REASON FOR APPEAL Continued
t
1. STRICT APPLICATION OF THE ORDINANCE would produce proctical`difficulties`or unneces-
sary HARDSHIP because there was a pool':that was contrueted -slightly
less than .100 Square.'Fee t:-from the .top of' ,the``bluff. This
was installed by, supposedly,'' a' professional installer and
he was supposed to comply with .alb. zoning'.ordinances. and
building applications. I have tried to -con tact;`,him. :regarding
this matter and he has not''taken my calls. :':All1'of' the monies
have been .paid to •him with 'regard to his contract ;
• I
A
2. The hardship created is UNIQUE and is not shared by all properties' alike...in the. immediate
vicinity of this property and in this use district because
i
3. The Variance would observe the spirit of..the Ordinance and WOULD-;NOT, CHANGE THE,
CHARACTER OF THE DISTRICT because
,,be variance would observe the spirit..of the ordinances and
would not change the, character of 'the district .because' the
Pool was built approximately 10-15 feet closer, ;than it should
have been and I feel that .this' mistake will;•not . intefere with
the typography or the spirit 'of the zonin •g rules`.`;' ''The house 41obL
is also situated on six acres'Nand and is not;:"visible by any
other houses or any other property.
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STATE OF NEW YORK ) ��
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COUNTY OF ignature
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Sworn to this .......................... �
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NOTARY PUBLIC. State of New York � �>n..�r_ �.,:t ,� � r � �r� F < ,� 44,ri4
1. �.'ra �Fc, i Tlx rjr .�� ti 5 ZSdyi'cc%2.:,�No.30-2539625
Fps t�� ds + t
Qualified in Nassau County.
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ARRIS
APPEALS BOARD MEMBERS SCOTT L.ya�`• �O� Supervisor
Gerard P. Goehringer, Chairman ''77
Charles Grigonis, Jr. Ol Town Hall, 53095 Main Road
Serge Doyen, Jr. P.O. Box 1179
Joseph H. Sawicki Southold, New York 11971
James Dinizio, Jr. BOARD OF APPEALS Fax (516) 7654823
Telephone (516) 7654809 TOWN OF SOUTHOLD Telephone (516) 7654800
November 28 , 1990 .
Mr . Mitchell Marks
60 East 8 Street
New York , NY 10003
Re : Variance - Pool & Deck
Dear Mr . Marks :
We return herewith your Notice to Adjacent Property
Owner together with Certified Mail Receipts .
Please return to our office as soon as possible with
properly notarized signature on reverse side of the form .
Thank you for your cooperation .
Yours very truly ,
GERARD P . GOEHRINGER
CHAIRMAN
Linda Kowalski
LK:tr
Encl .
D
DEC 1 31990 I
BOARD OF APPEALS, TOWN OF SOUTHOLD /
In the Matter or the Petition of
/ti NOTICE
TO
to.the Board of Appeals of the Town of Southold ADJACENT
TO: PROPERTY OWNER
YOU ARE HEREBY GIVEN NOTICE:
1. That the i n ion undersigned to petition the Board of Appeals of the Town of Southold
to request a ariance Special Exceptio ) (Special Permit) (Other) [circle choice]
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: /iJ4IA- Ac.,4o pR��*u�' �o�n,�- L0N6 1514^Ap
/J/37A16:7 /D Od ; SSG . /// BLoc.(< z•; G°?' /-OD6
3. That the property which is the subject of such Petition is located in the following zoning district:
4 That h� such Petition, the undersigned will request the following relief: To i9Grv�✓
--744k� GKSlsi. , b•L. %o ce-oSE 7-6 7.qg 13t. 731
5. That the provisions of the Southold Town Zoning Code applicable to/ a relief sought by the under-
signed are Article )C Section
[A -_Section 280-A, New York Town Law for approval of access over right(s)-of-way.
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. (516) 7E?5-1809.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such
hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers 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: // G gb
17,C#EL(_ !"7,9,z AS
Petitioner
Owners ' Names : (6 �T�
Post Office Address
ti- y.
l0 vo3
Te l 4 No .
[Copy of sketch or plan showing proposal to be attached for convenience
purposes . ]
��C � �' �
NO
DEC Ege RD III j i �� NOV -9 m
_ .a_
PROOF OF MAILING OF NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
NAME ADDRESS
STATE OF NEW YORK ) ss.:
COUNTY OF SUFFOLK)
residing at b f-
y.y N y Do• being duly sworn, deposes and says that on the day
of tib✓ , 192, D. , deponent mailed a true copy of the Notice set forth n the re-
verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective
names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on
the current assessment roll of the Town of Southold;that said Notices were mailed at the United States Post Of-
fice at that said Notices were mailed to each of said persons by
(certified) (registered):mail.
�M
Sworn to before-me this
day of , 19 q►`�
Notar Public
HARV[^!^ MARKS
NARY PUBLIC, State of New York
No.30-2539625
Qualified in Nassau Co30ty19�
Commission Expires la0chPN 3
4
(This side does not have to be completed on form transmitted to adjoin..ing
property owners . )
.1 i ._. `
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�Cit`•Fa.�_i{,.Cfl._3-rFl�t.7';..i CEP7�.�A,PP�cr``_��: �_- ,
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�Vj NOV - 9 1990
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FULBRIGHT JAWORSKI & REAVIS MCGRATH
345 PARK AVENUE
NEW YORK, N Y 10154 NEW YORK
FULBRIGHT&.JAWORSKI
TELEPHONE:212/486-9500 HOUSTON
CABLE ADDRESS:
- WASHINGTON,D.C.
REAVCABLE,NEW YORK AUSTIN
TWX:710-581-3676 November 26, 1990 SAN ANTONIO
TELECOPI ER:212/752-5958 DALLAS
LOS ANGELES
LONDON
ZURICH
BOARD OF APPEALS, u
TOWN OF SOUTHOLD
Town Clerk's Office
53095 Main Road 2 a 1990
Nov P.O. Box 1179
Southold, New York 11971
Dear Sirs:
Kindly be advised of the following change of address:
Change: Achinger, Alexander & Roswitha
c/o Rohm International, P.C.
767 Fifth Avenue, New York, NY 10153
New address: Dr. Alexander Aichinger
Mrs. Roswitha Aichinger
c/o Eberhard H. Rohm, Esq.
FULBRIGHT JAWORSKI & REAVIS MCGRATH
345 Park Avenue
New York, NY 10154
Should you need further information as to this change
of address, please do not hesitate to contact the undersigned.
Sincerely yours,
(ko• r6L...
Eberhard H. Rohm
EHR/cc
14.164(21671—Text 12
PROJECT I.D. NUMBER 617.21 _ SCQR
Appendix C
State Environmental Quality Review .
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART [—PROJECT INFORMATION (To be completed by Applicant or Project sponsor)
1. APPLICANT/SPONSOR 2. PROJECT NAME
^ i TLt✓EvL /''l tic a�r��—���� o ac —
3, PROJECT LOCATION:
Municipality /CJ✓T- Di ti� County sv�yyv
Goy,.
4, PRECISE LOCATION(Street address and road intersections,prominent landmarks, etc.,or provide map)
S. IS PROPOSED ACTION:
New ❑Expansion ❑Modification/alteration
6• DESCRIBE PROJECT BRIEFLY:
U" %b 0 Gc_o sU /"7i /l�oG•n�'- L/ivr; �Z 13�9�-- �i9o�
i
7. AMOUNT OF LAND AFFECTED:
Initially (SZ�_ acres Ultimately , acres (/0 rE� X l!0
S. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
❑Yes No If No,describe briefly
\ 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ,
i
19'Residential ❑Industrial Commercial ❑Agriculture ❑Park/ForestlOpen space ❑Other
Describe:
10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL.
STATE OR LOCAL)?
❑Yes ' No If yes, list agency(s)and permit/approvals
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
Yes ❑No If yes, list agency name and permit/approval
12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION?
Yes ❑No
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Applicant/sponsor name:
^J, Date: v D
Signature:
If the action is in the Coastal Area, and you are a state agency, complete the
Coastal Assessment Form before proceeding With this assessment
OVER
(Continued on reverse side)
• ;,�t �fir.
. II •
The N.Y.S. Environmental Quality Review Act requires submission
of this form, and an environmental review will be made by this board
before any action is taken..
SHORT ENVIRONMENTAL ASSESSMENT FORM
INSTRUCTIONS:
(a) in order to answer the questions in this short EAF it is assumed '
that the preparer will use currently available information concerning the
project and the likely impacts of :the--adtion. It is not expected that
additional studies, research or other investigations will be undertaken.
(b) If any question has been answered Yes the project may..be' sig-
nificant and completed Environmental Assessment •Form is necessary.
(c) If all questions have been answered No it is likely that the
project is not significant.
(d) Environmental Assessment
1- Will project result in a large physical change
to the project site or physically alter more
than 10 acres of land? Yes 4NO
2. Will there be a major change to any unique or
unusual land form on the site? _Yes Z_No
3. Will project alter or have a large effect on
an existing body of water? _Yes Z_No
4. Will project have a potentially large impact on
groundwater quality? Yes x No
5- Will project significantly effect drainage flow
on adjacent sites? Yes X No ,
6. Will project affect any threatened or endangered
plant or animal species? Yes No
7. Will project result in a major adverse effect on
air quality? _Yes No
8- Will project have a major effect on visual char-
acter of the community or scenic views or vistas
known to be important to the community? Yes Z( No '
9: Will project adversely impact any site or struct-
ure of historic, pre-historic, or paleontological
importance or any site designated as a critical /
envircnmental area by a local agency? Yes > No
10. Will project have a major effect on existing or
future recreational opportunities? Yes No
11- Will project result in major traffic problems or
cause a major effect to existing transportation
systems? Yes No
12. Will project regularly cause objectionable odors,
noise, glare, vibration, or electrical disturb-
ance as a result of the project's operation? Yes
, No
13. Will project have any impact on public health
or safety?
Yes X No
14. Will project affect the existing community by
directly causing a growth in permanent popula- t
tion Of more than 5 percent over a one-year Yes
period or have a major negative-effect on the No
character of the community or neighborhood?
15. Is there public controversy concerning the
project?
• _Yes x No
Preparer's Signature:
$ g: AV Date: �� /9Z;1b.
ZSA v/75
QUESTIONNAIRE TO BE COIMPLETED AND SUBMITTED
WITH YOUR APPLICATIOV FORMS TO THE BOARD OF APPEALS
Please complete, sign and return to the Office of the Board of Appeals
with your completed application forms. If "Yes" is answered to any
questions below, please be sure to depict these areas on your survey
(or certified sketch) , to scale, and submit other supporting documenta-
tion.
1. Are there any proposals to change or alter land contours? Yes
2.a)Are there any areas which contain wetland grasses?
(Attached is a list of the wetland grasses defined by
Town Code, Ch. 97 for your reference. ) Yes Io
b) Are there any areas open to a waterway without bulkhead? Yes o
3. Are there existing structures at or below ground level,.
such as patios , foundations, etc? Yes ®o
4. Are there any existing or proposed fences, concrete
barriers , decks, etc? _ Yes . No
5. If project is proposed for an accessory building or
structure, is total height at more than 18 feet above
average ground level? State total: ft. Yes No
6. If project is proposed for principal building or
structure, is total height at more than 35 feet above
average ground level? State total:. . . . ft. Yes
7. Are there other premises under your ownership abutting
this parcel? If yes, please submit copy of deed. Yes
8. Are there any building permits pending on this parcel
(or abutting land under your ownership, if any) ? Yes
State Permit # and Nature:
9 . Do state whether or not applications are pending
concerning these premises before any other department
or agency (State, Town, County, Village, etc. ) : .
Planning Board ' No
Town Board No
Town Trustees Yes
County Health Department Yes
Village of Greenport Yes
N.Y. S.D. E.C. Yes ('. o
Other Yes IT
10. Is premises pending a sale or conveyance?
If yes, please submit copy of names or purchasers
and conditions of sale. . (from contract) Yes
11. Is' new construction proposed in the area of contours
at 5 feet or less as exists? Yes
12. If new construction is proposed in an area within
75 feet of wetland grasses, or land area at an eleva-
tion of five feet or less above mean sea level, have
you made application to the Town Trustees for an
inspection for possible waiver or permit under the
requirements of .Ch. 97 of the Town Code? Yes
13. Please list present use or operations conducted upon the
subject property at this time
and proposed
Please submit photographs .for the record.
I certify that the above statements are true and are being submitted for
reliance by the Board of Appeals in considering my application.
Signature (Property Owner) (Authorized Agent)
/88
NOTE: FIRE LOSSES. This n of contract contains no express provisie to risk of loss by fire or other casualty be-
fore delivery of the aced. Unless express provision Is made, the isions of Section S.1311 of the General
Obligations law will apply.This section also places risk of loss upon purchaser if title or possession is transferred
prior to closing.
THIS AGREEMENT,made the / S day of `l J{-/l�tl fi tZ ,nineteen hundred'and eighty—Seve=
BETWEEN
GEORGE MESAIKOS and ANNA MESAIKOS, his wife, residing at
430 West 23rd Street, New York, New York 10011
hereinafter described as the seller,and MITCHELL MARKS, residing at 60 East 8th Street,
-'New- York, New York 10003
hereinafter described as the purchaser,
WiTNESSETIT, that the seller agrees to sell and convey,and the purchaser agrees to purchase, all that certain plot, piece
or parcel of land,ydd1x*1KU1dAW situate,lying and being izxk [ at Orient,
in the Town of Southold, County. of Suffolk and State of ,,New York,
V.
bounded and described as follows:
DIST. BEGINNING at a point in the.--southeasterly corner .of the, "premises to be
1000 described distant the following two (2) . courses and distances from the
intersection of the westerly line of land of Jessie Pemberton 4nd .the
SECT. northerly line of Old Main, Roaad,-_.to. wit: (1) North 1 degree 34 minutes
014 . 00 30 seconds East 152 . 98 feet; and (2) North 19 degrees . 47 minutes 00
seconds west 1145. 87 feet to the southerly line of the premises herein
BLOCK described; running thence South 79 degrees 38 minutes 3:0 seconds West
BLOCK along the southerly line of the premises herein described 219 .04 .feet
to other lands of Whitcom Investment Company, said point being the
southwesterly corner of the premises herein described; thence running
LOT along said last mentioned land North 18 .degrees 38 minutes 05 seconds
)01. 006 West 1243 . 32 feet to the ordinary high water mark of Long . Island Sound;
thence .on a tie line along the average high water mark of Long Island
Sound North 81 degrees 43 minutes 50 seconds East a distance of 195.08
feet to land of the Estate of Amelia Sledjeski formerly David Petty;
thence along said mentioned land ...South 19 degrees 47 minutes 00 seconds
East 1240 feet to the point or pace of beginning.
TOGETHER WITH a right-of-way in common with others over . the -southerly
60 feet of the premises described as lots numbered 1, 2 and 3 on minor
subdivision map of Whitcom Investment Company, as prepared, by Young and
,Young L. S . , dated July 27; 197,8 and as last amended September 2, 1980,
filed with the Planning Board of the Town of Southold,.
Being: and intended to be the same premises conveyed to '-the sellers here
by deed recorded in Liber 9689 cp.15.
Continued on Exhibit A annexed hereto
1. 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 qnd to any unpaid award for damage to said
premises by reason of change of .grade of any street;and the scllci will execute and deliver to the purchaser,on closing of
title, or thcrca:,ar, on demand, all proper instruments for the conveyance of such title and the assignment and collection of
any such award. .�1 .
2. The price is Dollars,payable as follows:
FOUR HUNDRED AND EIGHTY THOUSAND ($480, 000 . 00) ---------
TWENTY—FIVE THOUSAND ($25 ,000 .`00-)==—=------------
------------------ Dollar:.
on the signing of this contract,by check subject to collection,the receipt of which is hereby acknowledged;
SEVENTY—FIVE THOUSAND ($75, 000 .00) ---------------------------------- Dollar.
in cash or good certified check to the order of the seller on the delivery of the deed as hereinafter provided; Dollar.
Abe
acxaavxxxxxxxxxxxxxxwtt A�U"kW)i*M%Ik WWJMFRSc23
��zb`t�.'."�`tx. ��r►ix�aKpacxoamruxdooct+a��;dia�koe�chlx��l05tt4ifc
THREE HUNDRED AND EIGHTY THOUSAND ($380,000.. 00 -----------------=--=
Dolla;
by the purchaser executing,acknowledging and delivering to the seller a bond*or,at the option of the seller,a no:
secured by a purchase money first mortgage on the above premises,in that amount,payable as to
principal three (3) years from date title closes hereunder,
together with interest at the rate of 10% per cer
per annum payable as follows: interest 'small be payable.�jfran the cldsing through
December 31, 1988 on December 31, 1988, and thereafter interest shall. be payable
quarterly.
3. Any bond or note and mortgage to be given hereunder shall be drawn on the standard forms of New York Board of Tit,
Underwriters for mortgages of like lien; and shall be drawn by the attorney for the seller at the expense of the purchase
who shall also pay the mortgage recording tax and recording fees. (LEGAL FEE: $5 0 0'. 0 0)
4. If such purchase money mortgage is to be a subordinate mortgage on the premises it shall provide that it shall be suble,
and subordinate to the lien of the existing .. mortgage of S ,any exte:
&ions thereof and to any mortgage or consolidated mortgage which may be placed on the premises in lieu therec
and to any extensions thereof provided(a)that the interest rate thereof shall not be greater. than per ces
per annum and (b) that, if the principal amount thereof shall exceed the amount of principal owing and unpaid on sal
existing mortgage at the time of placing such new mortgage or. consolidated mortgage, the excess be paid to the holder r
such purchase money mortgage in reduction of the principal thereof. Such purchase money mortgage shall also provide th
such payment to the holder thereof shall not alter or affect the regular installments, if any, of.principal payable thereund-
and shall further provide that the holder thereof will, on demand and without charge therefor, execute,acknowledge ar
deliver any agreement or agreements further to effectuate such subordination. • , ; -
5. If there be a mortgage on the premises the seller agrees to deliver to the purchaser at the:time•.of delivery of the deed
proper certificate executed and acknowledged by the holder of such mortgage and in form for-recording,certifying as to t;
amount of the unpaid principal and interest thereon,date of maturity thereof and rate of interest thereon,and the Seller sh:
pay the fees for recording such certificate. Should the mortgagee be a bank or other institution as defined in Section 274•
Real Property Law, the mortgagee may, in lieu of the said certificate, furnish a letter signed-by a duly authorized office
or employee, or agent, containing the information required to be set forth in said certificate. Seller represents that sue
mortgage will not be in default at or as a result of the delivery of the deed°hereunder and that;neAer said mortgage,norar
modification thereof contains any provision to=accelerate payment, or to change any of the other terms or provisio
thereof by reason of the delivery of the deed hereunder.
6. Said premises are sold and are to be conveyed subject to:
a. Zoning regulations and ordinances of the city, town or village in which the premises lie which are not violated
existing structures. ;; {
b. Consents by the seller or any former owner of premises for the erection of any structure.or structures on, under
above any street or streets on which said premises may abut.
c. . , '
7. All notes or notices of violations of law or municipal ordinances,orders or requirements noted in or issued by-the Dept
ments of Housing and Buildings,Fire,Labor,Health,or other State or Municipal Department=having jurisdiction, against
affecting the premises at the dace hereof, shall be complied with by the seller and,the prerniies shall be conveyed free
►�,,, the same, and this provision of this contract shall survive delivery of the deed hereunder. The seller shall furnish the pt
= a tt chaser with an authorization to make the necessary searches therefor.
u prop-tY .;...
"I in JX :All obligations affecting the premiss incurred under the Emergency Repairs provisions;of`Lbex, ¢ministtative Co
Y of of!t�e City of New York (Sections 56148.0, etc.) prior to the de��ry�of the deed shall b�p�i4Ad discharged by the s,
'" York ler upanthe delivery of the deed.ThiWrovis6n shall survive the dt.Qrvery of the deed. -X . x
lius� 9 is 9. If, a��Jte time of the deliver ?Ff the deedx to premises or t1y part thgEeof shall be oc,,Aall have beeNffected by
Subtly assessment or assessments whicit�care or may become payable W annual insta atents, of wh . -the first installment is then
it charge or lie�N has been Od, then for the purposes of this-contract all they6 paid inztallments of any suc*assessmg
prop«tY ,s Il be deemed to be due as a.
„o, i„ including those wbdch are t`6 become due and payabl**fter the delivery of the d �a y
. cil� "t and to be liens upon the premises affected thereby % shall be paid and disc aged by the seller, upon the cj lye
.W Yrrk of the deed. x
I0. The following are to be apportioned:
inAt 42ffl"x oft' a43tldRtexx�oxxvaotge8x�{o� c000deanmcoax tia�cxxa�cub4xk�axxnsac cz
(d)Taxes and sewer rents, if any, on. the basis of the X%Wryear for wh>
assessed. ( �br�cxoai �baxaExlicxry�CesSaoc�axoc $�Exot, Camyx lien
11. If the closing of the title shall occur before the tax rate is fixed, the apportionment of taxes shall be upon the b:
of the tax rate for the next preceding ytar applied'to the latest assessed valuation.
URe MA
das
to the time herein set for cla" title, and (he-unfixed meter charge and the Rxed sewer rent,•:i�f any,.based t thereon for
rior
the intervening time shall be apoortioned on the basis of such last reading. , .
13. The deed shall be the us% .largain & Sale with cover.—.,.t against grantor ' s acts
deed in proper statutory short form for record and shall be duly executed and acknowledged so as to convey to the put-
chaser the fee simple of the said premises, free of all encumbrances, except as herein slated, and shall contain the covenant
required by subdivision 5 of Section.13 of the Lien Law.
If the seller is a corporation, it will deliver to the purchaser at the time of the delivery of the deed, hereunder a resolution of
its Board of Directors authorizing the sale and delivery of the deed,and a certificate by the Secretary or Assistant Secretary
of the corporation certifying such resolution and setting forth facts showing that the conveyance,,is in conformity with the
requirements of Section 969 of the Business Corporation Law. The deed "in such case shall contain a recital sufficient to
establish compliance with said section.
14. At the closing of the title the seller shall deliver to the purchaser a certified check to ille order of tile recording
officer of (lie county in which the deed is to be recorded for the amount of the documant4iy stamps to be affixed
thereto,in accordance with Article 31 of the Tax Law, and a certified check to'the order of the appropriate officer
for any other tax payable by reason of the delivery of the deed, and a return,if any be required,:duly signed and sworn to
by-the seller;and the purchaser also agrees to sign and swear to' the return land to cause ilia check and the return to be
ficer promptly after the closing of.
delivered to ilia appropriate of
tr In addition, seller shall at, e sarRe time"deliv34!k the purchai a certifithack tie order gf the Fi�tnce
se pt if
}��ninistrator fdf t IcMount of thXFfe_'I toperty Tran*r Ta)kimpose by-- itle 1lKo hapter--kof the A4pini rative
;r°n`pry Cd�2[99f the CKY of Nev*York and will also Aeliver to Inc purchaser ti rct rn require by fbe slid stallae`Jnd �:t reg-
=�rr of ulatioi�Gssued pursuant tdtkre authority theretxf, dullsigned aril sworn to by,�th�selfer;khe purchaser agrees to sign d
swear to Xis and to cau�e?ttte check and tllti4X0arn lobe deli4C to the tr! -lie isle m tl �f� llre cld�k oft t title. \ g P Y g
16. The seller shall give and the purchaser shall accept a'title such as any `title' company doing business
. in Suffolk County and ,a Member of the New York Board of Title Underwriters,will approve and insure..
17. All sums paid on account of this contract, and the reasonable expenses of the examination of the title to said prem-
ises and of [lie survey, if any,made in connection [herewith are hereby made liens on said premises, but such liens shall not
continue.after default by the purchaser under this contract.
All rLxttlrcstO articles of pars Xoperty at(acltept4r appurtenant XDAor used in p�tnection vAth saidXKmises apgx
re escntnd to be owXed by (lie sell , free, from all liep¢ an(X encumbraAes except as)terefn stag!, and are includedAtn
this?&; wi(hom limipkig the genafalily 00(the fora ing, ;y• fixture' d arr.��'clesof persor��l propertXincOfde plumbing,
heat intXligh t i% and cooing fixXures'�r copdition ftxt nd u s, ran�tierefj{geraOINS, aplio and televisitsRMials,
bathroo�r�,and kitchen ca M s, mantels, door oacf�,, venetian dssyy(�shades, sX ens, awnings Storm 02dows, Wndow
boxes, stS1}jtXloors, mail bo xvca(her vanes, blcs, pumps, sK*6beiy and otxdpor statult X
V A C A N T L A N D. X,
19. The amount of any unpaid (axes, assessments, water charges and sewer rents which the seller�'is obligated to pay and
discharge, with the interest and penalities thereon to a date not less than two business days aflc(;:the date,of closing title,
may at the option of (lie seller be allowed to the purchaser out of the balance of the purchase price,provioed official bills
therefor with interest and penalties thereon figured to said date are furnished by the seller at the closing.
20. If at (lie date of closing there may be any other liens or encumbrances which tile seller is,obligated to pay and dis-
charge, the seller -may use any portion of the balance of ilia purchase price to satisfy. the Sank ''�i•ovided ilia seller shall
simultaneously either deliver to the purchaser at the closing of title instruments in recordable form and sufficient to satisfy
such liens and encumbrances of record together with ilia cost of recording or filing said instruments;,or, provided that the
seller has made arrangements with the title company employed by the purchaser in advance of closing;seller will deposit with
said company sufficient monies, acceptable to and required by it to insure obtaining and the recording of such satisfactions
and the issuance of title insurance'to the purchaser either free of any such liens and encumbrances, or with insurance
against enforcement of same out of the insured premises. The purchaser, if request is made within,a reasonable time prior
to the date of closing of title,agrees to provide at the closing separate certified 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 taxes or other liens and encumbrances shall not be deemed objections to title if the seller shall comply with the fore-
going requirements.
21. If a search of the title discloses judgments,bankruptcies or other returns against other persons having names the same as
or similar to that of the seller, the seller.will on request deliver to the purchaser an affidavit showing that such judgments,
bankruptcies or other returns are not against the seller.
22. In the event that the seller is unable to convey title in accordance with the terms of this contract, the sole liability of
the seller will be to refund to the purchaser the amount paid on account of the purchase price-tnd.to pay the net cost of
examining the title, which cost is not to exceed the charges fixed by the New York Board of Title Underwriters,and the net
cost of any,survey made in connection (herewith incurred by the purchaser, and upon such refund and payment being made
this contract shall be considered canceled.
23. The deed shall be delivered upon the receipt of said, a meets at the office of 30
/ P P P Y Fred rick"'fJ Te a chi,
218 Front Street, Greenport, N.Y. 11944 on the later of March $ 1988 or ten 10� days
after the receipt of the bif lding permits,referred to ip the Rider annexed hereto.
24. The parties agree that no broker is the broker who
brought about this sale and the seller agrees to pay-any commission earned thereby.
25. It is understood and agreed that all understandings and agreements heretofore had between ihie' parties hereto are
merged in this contract, which alone fully and completely expresses their agreement,and that the same is entered into after
full investigation, neither party relying upon any statemenLor representation, not embodied in this, contract, made by the
other. The purchaser has inspected the buildings standing on said premises and is thoroughly acquainted with their condition
and agrees to take title "as is" and in their present condition and subject to reasonable use,wear, tear;and natural deteriora-
tion between the date thereof and the closing of title.
26. This agreement may not be changed or terminated orally. The stipulations aforesaid are to apply to and bind the
heirs, executors, administrators, successors and assigns of the respective parties.
27. If two or more persons constitute either the seller or the purchaser, the word "seller" or the word "purchaser".
shall be construed as if it read "sellers"or "purchasers"wherever the sense of this agreement so r
IN WITNESS WHEREOF, this agreement has been duly executed by th parties hereto
In presence of:
r al
* See Rider annexed hereto �^����Y
/.
An-rfa Me aikos.:.
Mitchell Marks-
RIDER ATTACHED TO AND FORMING PART OF CONTRACT OF
SALE BETWEEN GEORGE MESAIKOS AND ANNA MESAIKOS,
HIS WIFE, AS SELLER, AND MITCHELL MARKS, AS
PURCHASER
1 : Purchaser agrees to deliver to the attorney. .for
the sellers herein a list of any objections or violations which
may appear on any proper examination of this title, and if any
objections or violations appear on said title examination and
cannot be cleared by the Seller by the time set for the closing
of title, then Seller at their option, shall be entitled to a
reasonable adjournment of the closing for the purpose of
removing said objections or violations . Nothing herein . shall
be deemed to require the Seller to take any legal. action 'or
proceeding to cure any defects in title.
2 . The Purchaser and Seller each represent that no
Real- Estate Broker - brought about the sale agreed upon.
Purchaser and Seller, each, as an indemnifying party, agree to
indemnify and hold harmless the other, as an indemnified party,
from and against any and all successful claims (including all
costs and expenses) resulting form any,."'successful claim that
may be made , against the . -indemnified party by. any . broker or
other person successfully claiming a commission, fee" or other
compensation by reason of this transaction, if the same shall
arise by, through, or on account of any act of the indemnifying
party or his representatives . The provi,s,ions.. ,_ .of this
paragraph shall survive the closing . "
3 . Purchaser shall take title, subject to 'any state
of facts an accurate survey or personal inspection :may show,
provided same . does not render title unmarketable; ;covenants,
utility easements , restrictions, rights of way and agreements ,
of record; if any, provided the use of the proposed... structure
will not violate same.
4 . In 'addition to the usual clauses contained in the
Standard Form of New York Board of Title Underw,r#ers for
Mortgages, the Mortgage to be given hereunder by the ;purchaser
shall contain the following:
A. Being the same premises conveyed to the
mortgagor herein by deed from the mortgagee executed and
delivered and intended to be recorded simultaneously' "herewith,
this being a purchase money mortgage for the sum stated herein.
B. The property covered by this mortgage is or
will be improved by a one or two family residence or dwelling .
only.
C. All payments to be made hereunder shall be
delivered to the holder of this- mortgage .at such places as the
holder of same may designate in writing .
D. That the unpaid principal sum shall bear
interest at the rate of .ten (10%) per centum per annum until
the entire principal sum hereof has been fully paid, not
withstanding any default hereunder or condemnation., of the .
mortgaged premises .
E. In the event of a default under this
mortgage, and if the mortgaged premises shall be abandoned or
• 1
action to the parties , Seller ' s attorney shall have no further
obligations with respect to such amount . Seller ' s attorney
shall receive no payment for handling such amount and` shall riot
be liable for such' handling except in the case, of gross
negligence of willful disregard of the provisions of this
Contract . By signing this Rider, Seller' s attorney has agreed
t'o act as escrow agent as provided above.
10 . If Purchaser defaults hereunder, Seller ' s sole
remedy shall be to retain the downpayment' as liquidated damages
and neither party shal-l -have any further liability or
obligation hereunder.
11. All notices hereunder shall be sent by registered
or certified mail, return receipt requested, postage prepaid,
addressed to the parties at their addresses set forth above,
with copies to the attorneys for the parties sent in the same
manner at the following addresses :
To Seller ' s Attorney:
Frederick J. Tedeschi
218 Front Street
Greenport, NY 11944
To Purchaser ' s Attorneys :
Newman Tannenbaum Helpern
Syracuse & Hirschtritt
900 Third Avenue
New York, New York 10022
Attention: Philip L. Sharfstein, .Esq .
The attorneys shall have the authority to send any and
all notices on behalf of their clients .
12 . Seller and Purchaser agree to prepare ' and execute
all forms required under Article 31B of the New York Tax Law
regarding payment of the New York State "Gains Tat"'' Seller
shall pay such tax-, . if any, as and when required thereunder.
13 . Purchaser or his representative may inspect the
Premises from time to time upon reasonable notice to Seller.
14 . Seller will cure any title ,, objections•which may
be cured by the payment of money only. However,, in* no event shall the
payment exceed $100, 000.:00 :
15 . This . contract ___i-s.._ .- conditioned -. upon Purchaser's
obtaining 6nall required permits to build a single Family
Awellin n the premises of not less than 2, 000 square feet by
r/ March . 1988 .- - Purchaser shall submit plans to the
appropriates authorities to obtain such permits not later than
February A . 1988 ,:: ,, and such plans shall provide for building in
accordance with the applicable specifKvent
ations and requirements
applicable to the premises. In th Purchaser: has not
/received such permits by :' March 1988,. Purchaser shall
have the right to terminate this Contract upon notice -to Seller
given not more than ten (10) days thereafter, and ;upon such
termination of the Contract, all sums theretofore paid on
account of the purchase price shall be returned without delay
and without interest to Purchaser, and all parties hereto shall
have no further liability hereunder.
3401h-3
vacated by the mortgagor, or any successor in title, the
mortgagee shall be entitled to take possession of the .premises
and to take whatever steps necessary to protect and conserve
the mortgagor ' s security.
F. That the holder of this mortgage in ' any
action . to foreclose same shall be entitled to reasonable
attorney' s fees to be fixed by the court.
G. At the mortgagee ' s option, mortgagor will
pay a late charge not exceeding three (3%) per cent of any
installment when paid *more than fifteen (15) days after the due
date thereof to cover the extra expense involved in handling
delinquent payments .
H. The whole of said principal sum and' interest
thereon shall become due and payable at the option of the
holder of the mortgage in the event of sale or transfer of
title without the consent . of the holder of this mortgage or
secondary financing.
I . The mortgagor shall have full prepayment
privilege without penalty for the term of. the' mortgage'abut not
in the calendar year of closing of title.'
5 . The submission of this contract does . not
constitute an offer and neither side shall ' be bound until the
contract is signed by all parties .
6 . If there is a conflict between the. printed
portions of this contract and the provisions of this Rider, the
terms of this Rider shall control.
7 . Seller represents that Seller is the soie owner
of the Premises and has full power and authority to sell the
same .
8 . Seller shall deliver to Purchaser at the Closing
possession of the 'Premises vacant .
9 . The amount to be paid to Seller on the signing of I-0
this Contract shall be paid for Seller ' s account to Seller ' s
attorney to be held in escrow : n a- separate, federally insured,
non-interest bearing account until the
Closing, at which time such principal amount shall be paid to
Seller . If for any reason the Closing does not occur and
either Seller or Purchaser makes a written demand upon, Seller ' s
attorney for payment of such amount, Seller ' s attorney shall
give at least 10 days written notice to the other party of such
demand and of his intention to pay over such amount to the
other party on a stated date. , If Seller ' s attorney does not
receive a written objection to the proposed payment before the
'
proposed date for making such proposed payment, Seller ' s
attorney is hereby authorized and directed to make such
payment . If such other party delivers to Seller ' s attorney
written objection to such payment before the proposed payment
date, Seller ' s attorney shall continue to hold such amount
until otherwise directed by written instructions by all parties
or a final judgment of a court . In the event of such a
dispute, Seller ' s attorney may deposit such amount with an
appropriate court and, after given written notice of such
3901h-2
16 . This Contract may be - assigned by Purchaser
provided that Purchaser remains responsible for all obligations
under this Contract.
17 . Seller shall deliver to Purchaser at ,«Cl:osing, an
affidavit that Seller is not, a. "foreign person" as that term is
defined in Section 1445 of the Internal Revenue Code.
SELLER:
��"
r 4XI
s
Mina Mesaikos
PURCHASER:
Mitchell Marks
ESCROW AGENT:
Frederic J. Tedeschi , Esq. ,
3401h-4
lJ . EXHIBIT A
ill I�at cwtan abut.t�r w;--t of W+d.rv.th the tr.n'tj6
""d b"""9 at orient, in the Town of Southold, o m uy of S folk f.
and state of New York, bounded and described as follows:
A one-fourth (1/4) undivided interest in and to the 50 foot
1 Right of Way running between the northerly line of Main Road
(NYS Route 25) and the southerly .line of Lot #1 on the
foregoing described minor subdivision map of Whitcom
Investment Company, more particularly bounded and described
as follows :
BEGINNING at a monument in the southwesterly corner of the
Right of jva)r herein 'described, the said monument also being at
the southeasterly corner of land of Harrison M. Demarest, Jr. ,
Robert T. Demarest, and Louis M. Demarest, formerly Lydia E. Young;
thence from said point of beginning running North 15 degrees
09 minutes 20 seconds West 8,45, 74
of a proposed 60 foot Right O ayfand otheeet helsout line
I�G�� C"r of th e
running thence No -
North 79 degrees 38 minutes 30 along seconds East,
frlir southerly 1.1'ne of- said proposed 60 foot Right
Way feat to a point in the southerly line of said
proposed 60 foot Right of Way;
running t�ience r
20 fi
. 00 southwesterly through othe ti� 1 C-IJ'I 340
the rst part on a curve to the left withna radius of +�
feet (said curve connecting the southerly ,line of 4
said 60 .foot✓ g v
Proposed Right of Way with the easterly line.
of the 50 foot Rigl1t of Way herein described) a distance of l
33. 09 feet;
running thence South 15 degrees
Still through lands of the 0 s '
the westerly line of land now or formerlyyof Ralph 0. and
Elinor r L,. lVil(NYS Route 25)ettts 850. 69 feet to the northerly line of Main
Road ;
thence along said northerly line of Main Road (NYS Route 2 '
North 73 degrees 29 minutes 10 seconds West 58. 75 feet to the
monument at the point or place- of BEGINNING.
FOR INFORMATION ONLY:
DISTRICT 1000 SECTION 014 . 00 BLOCK 02 . 00 LOT
001. 006
uE3111pally will except SuconU hall I11X 111 pulley,
i •
r