The URL can be used to link to this page

Home My WebLink About3105DeLUCA, CHARLES & SYLVIA _i�3�5`Wes R -d; r .-p��anic #3105' CA -construct one -family dwelling with deck addition with an insufficient rearyard set- back. 86--2--part of -l' Uj r ,t oS�FFo��o Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3105 Application Dated March 28 , 1983 (Public Hearing held 4/20/83) TO: Richard F. Lark, Esq. as attorney for [Appellant (s) ] CHARLES AND SYLVIA DeLUCA Main Road , Box 973 Cutchogue, NY 11935 At a Meeting of the Zoning Board of Appeals held on April 27, 1983 the above appeal was considered, and the action indicated below was taken on your ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [X] Request for Variance to the Zoning Ordinance Article III , Section 100-31 [ ] Request f.or The public hearing on this application was held on April 20 , 1983. Upon application for N. CHARLES AND SYLVIA DeLUCA, by Richard F. Lark, Esq. , Main Road, Cutchogue, NY for a Variance to the Zoning Ordi- nance, Article III, Section 100-31 , Bulk Schedule for permission to construct one-family dwelling with deck addition with an insufficient rearyard setback, at 1235 Wells Road, Peconic , NY; County Tax Map Parcel No. 1000-86-2-part of 1. The board made the following findings and determination : By this appeal , appellants seek permission to construct a deck at' the rear of a one-family dwelling which is under construction 15 ' into the rearyard .area, which would leave a 35 ' - setback from the easterly line abutting the "area of questionable title. " The parcel in question is located at the east side of Wells Road, P.econic with a road frontage of 627. 24 feet and an area of 116 ,000 square feet. The premises in question is also depicted as Lots No. 3 and 4 on Minor Subdivision Map for the "Estate of George Wells" approved October 18 , 1979. It is the opinion of the board that the. new dwelling construction as exists was built within reason considering the elevations of the property and the .location of the meadowland. . The .new dwelling is set back from Wells Road 50 feet. Applicant is required to be a minimum of 75 ' landward of the tidal wetland boundary as per plans submitted to the N.Y.S. Department of Environmental Conservation under Permit #10-82-0515. Under the circumstances, the board finds that the appli- cation is not unreasonable. In considering this appeal , the board determines that the variance request is not substantial in relation to the requirements of zoning; that the circumstances are unique; that by allowing the variance no substantial detriment to adjoining properties will .be created; that the difficulty cannot be obviated by a method feasible for appellant other than a variance; that the relief requested will be in harmony with and promote the general purposes of zoning; and in view of the manner in which the difficulty arose and in consideration of all the above factors, the interests of justice will be served by allowing the variance as indicated below. (CONTINUED ON PAGE TWO) DATED: May 6 , 1983. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appeal No. 3105 Matter of CHARLES AND SYLVIA DeLUCA Decision Rendered April 27 , 1983 On motion by Mr. Goehringer, seconded by Mr. Sawicki , it was RESOLVED, that Appeal No. 3105 , application for N:: .CHARLES AND SYLVIA DeLUCA, for permission to construct 15 ' deck leaving an insufficient rearyard setback at 35 ' , BE AND HEREBY IS APPROVED SUB- JECT TO THE FOLLOWING CONDITION: That the deck never be enclosed. Location of Property: 1235 Wells Road, Peconic, NY; Minor Subdivision Lots 3 and 4 of "Map of the Estate of George Wells" ; County Tax Map Parcel No. 1000-86-2-1. 2. Vote of the Board: Ayes : Messrs. Goehringer, Doyen, Douglass and Sawicki. (Member Grigonis was absent. ) This resolution was unanimously adopted. .r. PROVED RECEIVED AND FILED BY THE SOU-1111C.LD TOW14 CLERK Chairman Board. of Appeals DATE 5//a/�3 :ICUIR /o:3o R.a? �. Town Clerk, TOM! of So• -:old r y j 9 A [ 5�1 FOur wiz: s Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI NOTICE IS HEREBY GIVEN, pursuant- to Section 267 of the Town Law .and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following Public Hearings will be held . by the Southold Town Board of Appeals on WEDNESDAY, APRIL 20 , 1983 commencing at 7 : 30 p.m. and as follows: 7 : 30 p.m. Application for ROBERT AND JOANNE DeVOE, by Irving L. Price, Jr. , Esq. , 828 Front Street, Greenport, NY for a Variance to Section 280-A, New York Town Law, for approval of access over a private right-of-way .located off the north side of Main (S.R. 25) Road, at Terry' s Point, Orient,. NY; Parcel in Question: Subdivi- sion Lot 3 of Minor Subdivision of Jonathan D. Stern; County Tax . Map Parcel No. 1000-17-02-001. 2. 7 : 35 p.m. RECESSED. HEARING: Application for ERNEST H. PRUSSNER, by Abigail A. Wickham, Esq. , Main Road, Mattituck, NY. 7:45 p.m. Application for ANDREW KRUPSKI and another, by William B. Smith, 220 Mechanic Street, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of two lots having insufficient area and width. Location of Property: Lots 23 , 24 and 25 of Subdivision Map of Jonathan T. Overton; more particularly known as 1460 Town Harbor Lane, Southold, NY; County Tax Map Parcel No. 1000-064-05-12 and 13. 7 : 50 p.m. Application for N. CHARLES AND SYLVIA7addo Richard F. Lark, Esq. , Main Road , Cutchogue, NY for the Zoning Ordinance, Article III, Section 100-31 , Bu for permission to construct one-family dwelling with with an -insufficient rearyard setback, at 1235 Wells NY; County Tax Map Parcel No. 1000-86-2-pact of 1. 7 :55 p.m. Application for LULA MAE LATHAM, by Twomey, Latham and Shea, Esqs. , 33 West Second Street, Riverhead, NY for a Variance to Section 280-A, New York Town Law, for approval of access over a private right-of-way located off the south side of Main (S.R. 25) Road, Orient, NY; Parcel in Question: 1000-019-01-010 . S Page 2 - Legal Notice of Hearings Southold Town Board of Appeals Regular Meeting for April 20 , 1983 8 :00 p.m. Application for: .ROGER L. MUNZ and VICTOR CATALANO, by Philip J. Cardinale , Esq. , Main Road, Drawer W, Jamesport, NY for a Variance to the Zoning Ordinance, Article VII, Sections' 100-70 100-71,Article VIII, Sections 100-80 &100-81 for permission to estab- lish. retail sales of boats on this 17 ,193 sq. ft. parcel , in- a B-1 Zone. Location of Parcel : 13175 Main Road, Mattituck, NY; County Tax Map Parcel No. 1000-140-03-038 . 8 : 05 p.m. Application for ROGER L. MUNZ and VICTOR CATALANO, by Philip J. Cardinale, Esq. , Main Road, Drawer W, Jamesport, NY for a Special Exception to the Zoning Ordinance , Article VIII, Section 100-80 (B) [14] [15] for permission to utilize premises for boat sales on the premises in question zoned B-1 General Business , which use is permitted in a C-Industrial District by Special Exception. Location of Property: 13175 Main Road, Mattituck, NY; County Tax Map Parcel No. 1000-140-03-038. 8 : 10 p.m. Application of HENRY JOHN PAVLAK, 3505 Grand Avenue, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory garage structure in the sideyard area. Location of Property: 3505 Grand Avenue, Mattituck, NY; County Tax Map Parcel No. 1000- 107-01-005. 8 :15 p.m. Application for JOHN F. AND MARY McFEELY, by Gandia Associates , Inc. , 19 Brookfield Road, Northport, NY for a Variance to the Zoning Ordinance , Article III, Sections 100-31 and 100-32 for permission to locate dwelling with an .insufficient sideyard setback from the east side line, ( and establishing front- yard location of existing garage structure. Location of Property: South 'Side of Peconic Bay Boulevard, Laurel; County Tax Map Parcel No. 1000-128-02-009. 1. 8 : 20 p.m. Application of ANNE POLASHOCK, 570 Third Street, New Suffolk, NY for a Variance to the Zoning Ordinance , Article III, Section 100-31 for permission to replace and increase size of existing porch. Existing and proposed construction will exceed 20.% of lot coverage. Location of Property: East Side of Third Street, New Suffolk, NY; County Tax Map 'Parcel No. 1000-117-09-021. 8 : 25 p.m. RECESSED HEARING: Application for :NORTH FORK BAPTIST CHURCH, C.R. 48 ,and Westphalia Road, Mattituck, NY. Ordinanee-, AEtre-le—!I!, Seetien fer appreval of let aaing i ffisi� area -mod frentage aleng Westphalia Rea'' e�,�- Page 3 - Legal Notice of Hearings Southold Town Board of Appeals Regular Meeting for April 20, 1983 PLzePerty; er-th side of G.R. , Mattituek, , i nnn n -- iv�-c sa= - x c� 8�� -C��e6'e68e� ��"6� ��4��'ch-zy�1983r . 8 : 35 p.m. Application for DOROTHY REISE (Ownef) and RIAL REALTY CORP. (Contract Vendee) , by Rudolph H. Bruer, Esq. , Main Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-30 (A) and (B) for permission to construct garage and tennis court with fencing, for principal use on this vacant parcel. Location of Property: 675 Private Road No. 18A (East' Hyatt Road) , Southold, NY; County Tax Map Parcel No. 1000-50-3-9. Any persons -wishing to be heard concerning the above matters should appear at the times and place above specified.. For addi- tional information, please contact Linda Kowalski, Secretary, at 765-180,9 (or 765-1802) . DATED: April 5 , 1983. BY ORDER OF THE .SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN -------------------------------------------------------------------x .Instructions' to newspapers: Please publish once, to, wit, Thursday, April 14 , 1983 and forward one affidavit of publication to: Board of Appeals , Main Road, Southold, NY 11971. (Tel. 765-1809) . -------------------------------------------------------------------x Copies to the following on or about Monday, April 11 , 1983 : Suffolk Times , Inc. (personally delivered) L. I. Traveler-Watchman Inc. (personally delivered) Town Clerk Bulletin Board Mr. Victor Lessard (Building Dept. ) Supervisor Pell Town Board Members Irving L. Price, Jr. , Esq. , Attorney for Robert and Joanne DeVoe Abigail A.. Wickham, Esq. , Attorney for Ernest H. Prussner Mr. William B. Smith, for Andrew Krupski Richard F. Lark, Esq. , Attorney for N. Charles and Sylvia DeLuca Twomey, Latham and Shea, Esgs. , for Lula Mae Latham Philip J. Cardinale , Esq. for Roger L. Munz and Victor Catalano Mr. Roger L. Munz Mr. Victor Catalano Mr. Henry J. Pavlak Gandia Associates , . Inc. , for John F. and Mary McFeely Mrs. Anne Polashock Mr . Gerry L. Horton, for North Fork Baptist Church --North Fork Baptist Church Rudolph H. Bruer, Esq, for Rial Realty Corp. (Dorothy Reise) FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL File No. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date . . r"�!? . . .�� . . . . . .. 19 . � PLEASE TAKE NOTICE that your application dated , , , , . ., 1904 for permit to construct . .4weE.c-4 . �"'�(��,�(� , , •��f p / /- Location of Property . l(X.�,�-, , ,1�/, ,EIr,S, /l:c� i e. at House No. Street Ham/e f. County Tax Map No. 1000 Section . . Q .. , . , . . Block , , , , , , , , Lot /.r Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . . Lot No. . . . --. . . . . . . . . . . is returned herewith and disapproved on the following grounds. . . . . . . . . ..ga-Ze. ca �Q, GfS2 ,�� • eel . . �.� �X ... r. . '.. . . . . . . . . Building Inspector RV 1/80 h TOWN OF SOUTHOL,D, NEW YORK RECER' AL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. i 1983 March 2�; 1983��«:�� o DATE .............................. T RA ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. X, (We) N..,....ktaxles...De-Luca...and..S.ylvia DP-Luca .......240... ............ Name of Appellant Street and Number Merrick ........... N.,Y. 11566......HEREBY APPEAL TO . ........................ .. .................................................. ...... Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. .................................... DATED ...March„21,,,,,19,83................. WHEREBY THE BUILDING INSPECTOR DENIED TO Charle.s,,,& Sylvia„DeLuca .... .......................... Name of Applicant for permit of 2401 Hal and Drive Merrick New York 11566 ...... .... .... .... . .... .... Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( X) Permit.:;to-;.construct deck addition to dwelling. 1. LOCATION OF THE PROPERTY 12.35. Wells Road, Peconic,„New„York Street Use District on Zoning Map g b-a-p ".A" )fieSi,deatia,l and Suffolk„Courity,,, 0,0-,,,. xbXx4oX Agricultural 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III, Section 100-31 Bulk and Parking Schedule (Rear Yard) 3. TYPE OF APPEAL Appeal is made herewith for ( X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ") A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance andwas made in Appeal No. ................................Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X ) A Variance to the Zoning Ordinance is requested for the reason that Petitioners are in the process of constructing a one family dwelling on their property. In the opinion of the Building Inspector the proposed deck addition to this dwelling reduces the rear yard setback to less than the required 50 feet from "clear title boundary line"; thereby requiring a rear yard variance. (See Notice of Disapproval of Building Inspector Edward Hindermann attached hereto. ) Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because your Petitioners are owners of property on the easterly ,side of Wells Road, Peconic, New. York, which was purchased from the Estate of George H. Wells by deed dated March 9 , 1982 , recorded in the Suffolk County Clerk' s Office on March 1.7, 1982, in Liber 9155 _page 424 (a copy of. which deed is attached hereto as. Exhibit A) . The metes and bounds description of the property contained in Exhibit A is depicted on a survey prepared by .Roderick Van. Tuyl.. dated August 30, 1981, and amended October 6 , 1982 (a copy of said survey is attached hereto as Exhibit B) . The property is also depicted as Lots No. 3 and 4 on a certain Minor Subdivision Map made for the "Estate of George Wells" which was approved by the Southold Town Planning Board on October 18 , 1979 (a copy of which minor subdivision map is attached. hereto as Exhibit C) . The purpose of your Petitioners ' purchasing this property was to build an attractive single family home. thereon. Due to the property' s location to Richmond Creek and. the presence of wetlands on the property itself, your Petitioners discovered a Tidal Wetlands Permit had to be obtained from the New York State Department of Environmental Conservation before any dwelling could be constructed. Your Petitioners did obtain - such a permit..on August 8 , 1982. A copy of said Permit No. 10-8270515 (continued on Attached Rider) 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because: the shape of your Petitioners' property the ,presence of the tidal:.n;mtlandsthereon; the stringent . requirements of the New York State Department of Environmental Conser- vation; the interpretation of the Building Inspector as to the rear lot line is the clear title boundary line coupled with the problem of the boundary line dispute with the northerly neighbor make this property truly unusual. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because this neighborhood .is zoned "A" Residential and Agricultural which allows the construction of a one family dwelling. The granting of the rear yard variance to allow a wooden deck to be attached to Petitioners' one family dwelling will an asset to their property in particular and the neighborhood in general. The 12 foot area to be occupied by the wooden deck will be within the area of the Department of Environmental Conservation Permit (Exhibit D) . N. Charles DeLuca STATE OF NEW YORK ) ss ... ........................ ... . ......... COUNTY OF SUFFOLK ) Signature Sylvia DeLuca Swornto this ................cQ......................... day of.............M-arC-h................................ 19 83 Notary Public rr' ' BASETTS CORNiNE NOTARY PUBLIC State ai New York suffoll, County No, 52.5792800 Commission ExPit"Morch 30, I9 COUNTY OF SUFFOLK DEPARTMENT OF PLANNING 1, p (516) 360-5513 LEE E. KOPPELMAN DIRECTOR OF PLANNING July 15, 1983 Town of Southold Board of Appeals Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter_ , the following applications which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant Municipal File Number Allen Ovsianik 3049 John & Frances DiVello 3088 George & Sybil Penny 3095 Roger L. Munz & Victor Catalano 3100 Roger L. Munz & Victor Catalano 3101 Charles & Sylvia DeLuca 3105 Very truly yours, Lee E. Koppelman Director of Planning by \J GGN:jk Gerald G. Newman Chief Planner VETERANS MEMORIAL HIGHWAY ■ HAUPPAUGE,L. L. NEW YORK • 11788 o��FFo��o L Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: xx Variance from the Zoning Code, Article III , Section I00-3I Variance from Determination of Southold Town Building Inspector Special . Exception, Article , Section Special Permit, Appeal No. : 3I05 Applicant: CHARLES AND SYLVIA DeLUCA Location of Affected Land: I235 Wells Road, Peconic County Tax Map Item No. : 1000- 86-2-part of I Within 500 feet of : Town or Village Boundary Line xx Body of Water (Bay, Sound or Estuary) Richmond Creek 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 Estab- lished Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport• wa'j c-01/4 - COMMENTS: Applicant XX K' permission to construct one-family dwelling with deck addition with Pn insufficient rearyard setback. Copies of Town file and related documents enclosed herewith for your review. Dated: July 1 q, I98341 ' Temp. Secret ry, Board. of Appeals Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TEI.FPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI May 10 , 1983 Richard F. Lark, Esq. Main Road P.O. Box 973 Cutchogue, NY 11935 Re : Appeal No. 3105 - N. Charles DeLuca Dear Sir or Madam: Attached herewith is a copy of the formal findings and deter- mination recently rendered and filed this date with the Office of the Town Clerk concerning your application. In the event your application has been approved, please be sure to return to the Building Department for approval of any new construc- tion in writing, or for other documents as may be applicable. If you have any questions, please do not hesitate to call either our office (765-1809) or that of the building inspector (765-1802) . Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Enclosure By Linda F. Kowalski Copy of Decision to Secretary Building Department Mr. and Mrs. N. Charles DeLuca BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of N. CHARLES DELUCA & SYLVIA DeLUCA NOTICE TO to the Board of Appeals of the Town'of Southold ADJACENT . PROPERTY OWNER TO: Alfred N. DiNunzio & Wf 12 Haverford Lane Michael Zaneski & Wf Henry Pierce & Wf Coram, New York 11727-- - Wells_Road- - We11s Road 'Peconic, New York 11958 Peconic,New York 119E ARE HEREBY GIVEN NOTICE: YOU _ 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (the following relief: A rear yard variance for permission to erect a deck addition to dwelling, 1. 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 1235 Wells Road, Peconic New York, bounded northerly by lands of Zaneski and DiNunzio, easterly h= lands, of ninunzin and Richmond Creek, southerly by lands of H Pier_eee; westerly by Wells Road 3. That the property which is the subject of such Petition is located in the-following zoning district: "A" Residential and Agricultural District 4. That by such Petition, the undersigned will request the following relief: Permission to erect a wooden deck addition to the dwelling in the rear yard area 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Section 100-31 Bulk and Parking Schedule 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) 7�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 Travel er-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. f Dated: March 23, 1983 Petitioner N. Charles DeLuca ylvia DeLuca, Petitioner Post Office Address 2401 Halyard Drive Merrick, New York 11566 /. J �Glil Lt LA046L NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Building 40, SUNY--Room 219 Stony Brook, NY 11794 (516) 751-7900 AMENDMENT TO PERMIT RE: Permit No. /o os15 Q cbwr � ' 19802 C hoar-I a..S DQ a y e d b . ve_ (�r1Q.r J< /U.Y. 11 SU Dear Mir. IR-�>LCjD- Your recent request to modify the above permit has been reviewed, pursuant to 6NYCRR, Part 621. It has been determined that the proposed modifications will not substantially change the scope of the permitted actions or the existing permit conditions. Therefore, the permit is amended to authorize:n This letter is an amendment to the original permit and as such, shall be posted at the job site. All other terms and conditions remain as written in the original permit. Very truly yours, l Daniel J. La n Regional P t Administrator DJL:cz EXHIBIT s' - ' .i' - '..;�PERMIT NO. � NE RK STATE DEPARTM£NT.'Ct`.E(�VIRONME`NTAlf CON! ,TION' I�1 1/�1 /^//� 4-0515 y{I ,'1.'. t:✓..... '}. ti .• _ i ti.. NPoiENTAL,CONSEPVATION LAW `:: ••, -,' : t, ,'"' UNDER THE ENVIRO "�•r + , ARTICLE 15; (P,rotection of Ylaterj ARTICLE 25,(Tidal Wetlands)., t ARTICLE 24 (Freshwater; ARTICLE 36 (Construction in Flood•Hazard Areas)'","•k"'`... t . PERMIT ISSUED'TO' F. ..' CHARLES" De LUCK, •'Tsontak'is, ADDRESS OF PERMITTEE :^' '• .2401 Hal` and Dr. Merrick;` N�, .: :11566 '%Drawer'-141+6 Mi idle'' Rd. ,Mattitu I: LOCATION OF PROJECT,(Section of stream, tidal wetland, dam; building) .c: , • 11952 ..Easterl side of. Wells`Rd. Richmond :Creek':' DESCRIPTION OF PROJECT. Construct. -'a- one fam. ' dwellinj7 `.and 'detck a m nimum::of f 75'�"'�lax dt,rard`of T.W. .� hole ldary and install. sanitary -system..a,minimurli:of. 10Q:!.``-1-andw6rd,'of 'T:W. bound. d plans 'subrriitted ' 28 82.. COMM MUNIT NAME(City,Town, i lage) TOWN Southold COUNTY ;.y FIA COMRtUNITY NO. DAM NO. PERMIT EXPI(Zf.TION DATE ?I3 i/$3 GENERAL CONDITIONS 1. The. permittee shall'file in 'the office 'of the'.appropriate' Regional ~B.' .That the State of New Nork shail''im�ro cauef be (fable for any damage ermit Administrator, a notice of ,intention to commence.work at least:qB%�;;'"or injury to the structure or work herein authorized which may be caused by or ours in advance of the .time of commencement and shall also notify him•":::' result from future operations undertaker) by the State for the conservation or romptly in writing.of.the completion of the work.' jrnpro, ment...of navigation, or far other purposes;'and qo claim or right to 2. The.permitted'.work shall be subject to inspection by'an aufhorfzed "' compensation-shall:accrue frorii�any such%damage.-� presentative, pf the Department of Environmental Conservation wiio.rnaY '' • 9, ThaG.if the display:of,ll&hts acid signals on any.work'hereby authorized rder the work suspended if the public interest so requires: : :- is not otherwise vided`for by law;such lights'and signals as may be pre- pro . sc ma ribed:by the United States CoaWiSuard shall be'-'installed and intained 3. As a-condition of the issuance_of this permit, the'applicant'has ac- ..•:- epted'expressly, by the execution of the-application, the full legal�respon= by.and at the expense-of the owner. bility.for all damages, direct or indirect,•of whatever nature, and by'whom-.A. 10,`'AII'..work parried out tinder this. ermit shall=be-performed in.actor. wer suffered; arising out of the-project described herein.and has.agreed ►o • -`dance•with established englneerin.g_practice..and in,a workmanlike manner. rdemnify and, save`-harmless the-State from"sults, actions, 'damages "+nd' asts of every name and description resulting from,the said project;';- .11. If, granted under Articles 24 or 25; the-Department reserves the right to:reconsider this approval*at•.any.:time and,after:.due notice and hearing to 4. Any material dredged in the prosecution of'the'work,herein' 'permitted' ontinue;i:iescjnd or modify this permii:'iq'such a-manner.as may be found to call be removed evenly, without leaving'large refiise piles, ridges across the"=; ':'pe;just and.equitable. If upon.the e�piratjon or revocation of this permit, the d of the waterway or flood plain or deep holes that may.have a tendencY. 9 '-'modificationof. the'wptla4 eieby"authgrized::has'not been.completed, the cruse injuryto navigable channels or to the banks of the waterway. v :4 applicant shall,without expense.to the State,.and.to such extent and in such 5.. Any material to be deposited or dumped under this permit;'=erther )n trmG..a.nd manner as the Department Q(Environmental Conservation.may require le waterway Or.on shore above high-watermark, shall be deposited or,-dumped;-.,',',remove all o.r any:portion''.of,.the,uricorgpleted;.structure.or till and restore the the )atoll[ t ..'-site:to.its formercondition.'No:clairn shall be made against the State of New y.showri on the drawing hereto attached, and,'if so prescribed' York an account of.any such removal.:or•alteration �:'lereon, within or.behind a good and substantial bulkhead or bulkheads,•,sucfi s will prevent escape of the material into the waterway-''` 12.'.This pef'mif shall not be'construed' as'coitveying'to the applicant any 6. There shall be no unreasonable interference with'navigatiod by,the 4. _.right to trespass;upon the lands`or interfeie.'with the riparian rights of others ork herein authorized. -to.perform the permitted work or as authorizing the Impairment of any rights, title or Interest in real or.personal property held"or vested in a person not a 7. That if future' operations by the State of New York require an alteration• '.` party-to the permit. . the position:of the structure or work herein authorized, or if, in the opinjorj.;';;''•', j3: The permittee.is respgnsible ,for obtainjng-.any other the Department of Environmental Conservation it shall cause unreasonable r permits, ap- ,struction to the free navigation of said waters or flood flows or endanger.":,t' .pova.ls, lands, easemepts_and;rights-of-way,.which may be'required for this e health safety or welfare of the project. q.. people of the State, or loss or'destruction the natural resources.of the.State, the owner may be ordered by the Depart "..`:,' ;:.14 IIf:granted under Articler'36, this permit;i''-irithted solely on the basis rnt to remove or alter'-the.structural:work, obstructions; or hazards caused:' of the requlrements'of Articlet36 of the Environmental Conservation Law and ereby without expense to.the State;:.and if, upon the expiration or revocation^ Part.50b of 6 NYCRR(Construction in Flood-.Plain Areas having Special Flood this permit, the structure, fill, excavation;•or other-modification of the•'-,:.:`.Hazards Building Permits) and in noway signifies'that the project will be aercourse hereby`'authorized shall not be completed, the owners 'shark,[)`--.free*from flooding: "' S thous expense to the State, and to such extent and in such time and manner the Department of Environmental Conservation may require, remove.all or"';:`:''': 15.' By. acceptance of this:permit the permittee'agrees that the permit y portion of the uncompleted structure or fill and restore to -its former:;c. :•''rs. contingent upon strict: compliance-with•the' special conditions on the ndition the.navigable and flood capacity of the watercourse. No claim shall,;::: 'reverse side.; ;.Y + made against the State of New York on account of•any, such removal or.;,; ','' 1 ',,' teration. : s -20-4(9/75) y �i `' i.:;' a :r c• + (SEES REVERS; E SIDE] :'.:; NDITIONS '•;5•:.. - , Y a. - r w,t w{��C, �- �..�N 33�� r. -• r a - t ,f s t �. .• ,.r� 1 1. Ther beno':d , . vhznL t .a , t . of Tidal Wetland Boi}ridary. .. J' , �r - • .. � tl � 'Y:'... �4�•,'F�a F.!:.S':i' N�... r � _ DJL: cg: c: c. LAW ENFORCEMENT File' YL attachments _ Receipt S•a' i •:'�' :�. . . „ PERMIT ISSUE DATE PERMIT ADMINISTRATOR • ;,.,:., "ADDRESS v - ' $/3/$2 DANIEL J.: _ ldg-4-9, SUNYy$tony:Brook'" N. Y. IT on 0515 alas been issue o CHARLES DE LUCA BY S. TSONTAKIS ' ® 24.01 r Halyard" Y D� . , Merrick, N. Y. 11.566 Drawer. 1446, Middle Rd. , Mattituck, N.Y.11952, KA Construct a one fam. dwellinl . -. _g� and deck a mini-mum � •' .�::.;, :. ~6/28,/82 of 75 1 andward`of T. 1�I. boundary and instjall{yam • { Envi Article: i 5, (protection of water24 _ (Frashjivater xx �t�cl 25 • (Tidal olds) Article: (Coo��tructi®� r N I 1 �� l�.®od rca� h DANIEL / a New..York State J. LARK Permit Administrator 3 F Department of Environmental Conservation j�s 8/3/82 3� 95.20.1 (9/75). } Date:.:lssUed Jt: Formerly EA 93 x t 3 7/3 l�$ NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Building 40, SUNY--Room 219 Stony Brook, NY 11794 (516) 751-7900 AMENDMENT TO PERMIT RE: Permit No. yo -?a - 0515 `I ) ar d r ve- �e.ry i cA<�i N.Y. /1 566 Dear Me. -b!Z J"Ca- Your recent request to modify the above permit has been reviewed pursuant to 6NYCRR, Part 621. It has been determined that the proposed modifications will not substantially change the scope of the permitted actions or the existing permit conditions. Therefore, the permit is amended to authorize: O C►rrL n+0.�h 0 n �� hQ. cyl.w S L- n5 CL-4- �Q,►- rP U-Qd P( Ioh;t5 a This letter is an amendment to the original permit and as such, shall be posted at the job site. All other terms and conditions remain as written in the original permit. Very truly yours, Daniel J. La n Regional P t Administrator DJL:cz EXHIBIT 4 SUFFOLK CO. HEALTH DEPT. APPROVAL 7)749 ir.) MAIN QL)t H. S. NO. MAP 01 Pf2OP[',�l-T T i p" I f 11 STATEMENT OF INTENT AT THE WATER SUPPLY AND SEWAGE,DISPOSAL SYSTEMS FOR THIS, RESIDENCE WILL CONFORM TO THE STANDARDS OF THE 7_0�'VN 0 F LD SUFFOLK CO. DEPT. OF HEALTH SERVICES. APPLICANT SUFFOLK COUNTY DEPT. OF HEALTH. SERVICES — FOR APPROVAL OF CONSTRUCTION ONLY DATE: , '� / s y - _ / ` H. S. REF. NO.: APPROVED: w ,DESIGNATION: SUFFOLK CO. TAX MAP an DIST. SECT. BLOCK PCL. 36. OWNERS ADDRESS: DELUCA '1-40 WAI YAiZO 'DsZ . rz Y' •siv-66 M, 49 (D DEED: L. . P. C-16 4ko TEST HOLE STAMP 1p kwvfokl=ALTERATlOiN OR ADDITIO, 9• Cji(.`/ �`r i� !i /` XO N35 SURVEY 15 A MLATI(1,40F 7209 OF 7�p 41lt A L 60 1' SliON - _W YORK STATE 4_1(3 1�LZ LAW. %4 M c"1 JF OR 7:IP A t ": _w C-Z"'sci�lEo[�L-A-- ',�C -1 tZU14 1: L.1ALr TO THE AGEINCY , , LT. 69AY27t. L!STED- 'HEPFON, Al— k-INDING JNST� AMENDED PECJ5,198Z T C"w; SEAL A I % Ao I ILI, \C,\ -NO, RODERICK VAN 111YL, P. E. —7 L)- H•!N 1. Z LICENSED LAND SURVEYORS A GREENPORT NEW YORK N01780 NOTICE ;NOTICE IS IS HEREBY GIV-,. COUNTY OF SUFFOLK EN,pursuant to Section 267 of-', ss: the Town Law and the Provi- STATE OF NEW YORK sions'of the Amended Code of:? the Town of Southold,a Regu? lar Meeting and the following:;; Public Hearings will be 'held` Patricia Wood, being duly sworn, says that she is the by the Southold Town Board of Appeals on Wednesday, April : Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, 20, 1983'af the Southold Town a public newspaper printed at Southold, in Suffolk County; Hall, Main Road, ,Southold,: j New ,York,' 'commencing:, at,.! and that the notice of which the annexed is a printed copy, 7:30 p.m:and as focation'for has been published in said Long Island Traveler-Watch-r_. 7:30 p.m."Application for.' ROBERT AND JOANNE De- man once each week for .......................................weeks VOE, by Irving L. Price;,Jr., Esq.,828 Front Street, Green-; successively, commencing on the To rt; N.Y. for a Variance`to. Section 2804,New York Town- d'3 day of 19........ - Law,; for approval of`.access,' ............ ........... ................ over" a' private right-of-way..1 located off the�"north,side of,.' .......... ........ ................ ...... Main-(S.R.;.25),;Road,,:4,Tec Ws Point,,Orient, N.Y.;.;Par-;'. eel in Question: Subdivision;. Lot 3 of Minor'Subdivision of Jonathan D.Stem,County Tax' Map Parcel No 1000-17 02 ,l 1 `� 001 2. ` fl Sworn to before me this ................................ day of 7:35 p.m:= RECESSED. HEARING:-APP - ............. , 19.... 3 lication � for;;^. """""" ERNES, ' RUSSNE_R,,by , . Abigail:A ..Wickham; Esq'.. Main Road,;Mattituck,_NY:`"- 7;45' - p.m: Application for,,. n ANDREW KRUPSKI and an-... .......0.4 A ... �'�t. . ............................. other; by,William, B: Smith;' _ .Notary Public 220. Mechanic Street, South-—JJ old,N.Y.'for.a Variance to the CLEVIP i Fiar o ZoningOrdinance, Article III c FS� h(ilkRY Ply,LtC,State Of New York Section 100-31 for approval of. 52-�3 17z5 two.,lots; having. insufficient. Fiesi±inF in StlirOlfi 0aa,, area;:and width. 'Location'of. Property:Lots 23,24 and25 of,. Subdivision.Map. of Jonathan„ T: Overton;'.more'particularly,''- known.as 1460.Town Harbor, >; Lane; Southold, N.Y.; County" Tax Map Parcel,No. 1000-064-, 05-12 and 11 :50 p.m:Application for`N. CHARLES AND SYLVIA De,, LUCA, by Richard F. Esq.,.Main Road, Cutchogue, _. N:Y.'for a;;Variance:;to the Zoning Ordinance; Article III; Section 100-31,.Bulk Schedule,. for;:permission to construct . one-family dwelling with deck addition with an insufficient W rearyard setback, at .: 1235 Wells: Road, Peconic, N.Y.; County Tax Map Parcel-No. -86-2 Application for LULA .MAE LATHAM, by T,womey;, Latham and. Shea, Esgs:,. We'st.Second Street, Riveihead,N.Y,for a Variance j . to Section.280-A,. New York Town Law, fore approval of access•over a private-'right-of- way located off the south side - bf Main.(S.R.'25) Road, Or- '"•dent,N.Y.;Parcel in Question: 1000-019-01-010:,'.,' J::. 8:00 p,m. Application for, a_.ROGER L. MUNZ and VIC- TOR CATALANO,by Philip J. , Cardinale, Esq' 'Main Road, b Drawer .W, Jamesport, N.Y. for a Variance to the Zoning Ordinance, Article VII, Sec- . •.tions; 100-70 100-71, Article VMi.Sections 100-80& 100-81 for;. permission to establish retail sales of boats on this 17,193 sq. ft. parcel, in a B-1 zone.Location of Parcel: 13175 Main Road, Mattituck, N.Y.; 'County Tax. Map Parcel No. 1000-140-03-038. 8:05 P.M. Application for 17,193 sq. ft. parcel, in a B-1 zone.Location of Parcel: 13175 - Main Road, Mattituck, N.Y.; County Tax Map Parcel No. 1000-140-03-038. 1 &05 p.m. Application for ROGER L. MUNZ and VIC- TOR CATALANO,by Philip J. Cardinale, Esq., Main Road, Drawer W. Jamesport, N.Y. for a Special Exception to the Zoning Ordinance, Article VIII, Section 100-80(B) [141_(l [451-4orspermission.,to,utilize- premises for boat sales on the premises in question zoned B-1 General Business, which use is permitted in a C-Indus- trial District by Special Excep- tion. Location of Property: 13175 Main Road, Mattituck, N:Y.; County Tax Map.Parcel 8:10 pm." Application of HENRY JOHN PAVLAK,3505 Grand Avenue, Mattituck, N.Y. for a Variance- to,the Zoning Ordinance, Article III,- Section 100-32 for permission to construct.accessory garage structure in the'sideyard area.' Location of Property: 3505 Grand Avenue,: Mattituck,, N.Y.; County Tax Map Parcel No. 1000-107-01-005.;...,t,;.-'' 8:15 p.m.. ,Application ,for JOHN F: AND MARY., Mc- FEELY,'by'Gandia Associates, Inc., 19 Brookfield Road, Northport,N.Y.for a.Variance to-the Zoning Ordinance, Ar- ticle III, Sections 100-31 and 100-32 for permission to locate dwelling with .an insufficient sideyard setback from the east side line; and establishing frontyard location of existing garage structure. Location of Property:South Side of Pecon- ic Bay:_Boulevard;. .Laurek. County Taa Map Parcel No. 1000-128-02-009.1...`' p.m. Application ofxl ANNE POLASHOCK; 570- __Th(rd 'Street, New Suffolk,'? N.Y. for.-a Variance to the Zoning Ordinance, Article III, Section 100731 for permission to.replaae.and.increase;size..of.. existing porch: Existing and proposed construction.will ea- reed- 20% of lot coverage. Location of Property:East Side of Third Street, New Suffolk, N.Y.; County Tax Map Parcel No. 1000-117-09-021. 8:25 . p.m. RECESSED HEARING: Application for NORTH FORK- BAPTIST CHURCH, C.R. 48 and West- phalia.Road, Mattituck, N.Y. 8:35,,p.m. Application for b r DOROTHY REI3E"' ..(Owner),V` and RIAL REALTY._CORP. (Contract Vendee);' by Ru= dolph-H. Bruer, Esq., Main Road, Southold, N.Y: for Variance to the Zoning Ordin.. ante, Article III, Section 100-. 30(a)and(B)for permission to; any ct• garage and tennis; . court with fencing, for princi- use 14 on this vacant parcel. Location'of Property: 675 Pri- _vate Road No. 18A(East Hyatt Road),Southold,N-Y_;County Tax. Map Parcel No. 1000- Any persons wishing to be J� heard concerning the, above matters should appear at the time.and place above sped- D fied. For additional informay�$ tion, please contact Linda Ko- walski, Secretary, at 765-1809 Property: Lots 23,24 and 25 of Suffolk,NY; County Tax Map Subdr- -`-e44ap of Jonathan;: : Parcel No.1000-117- 1. T.Ov i;-more particularly`�' 8:25 p.m. AppRi 1A for know.:.:.. 1460.Town Harbor;; NORTH . FORK nAPTIST Lane, Southold, NY; County•_.. ' CHURCH, C.R. 48,Mattituck, Tax Map Parcel No. 1000 064 N.Y. (Recessed from March 05- and 13. ` , 23,1983). .._ :50 p.m.Application for 8:35 p.m. Application for CHARLES AND SYLVIA`: DOROTHYREISE (Owner) DeLUCA,by Richard F.Lark,"', and RIAL.REALTY CORP. Esq., Main Road, Cutchogue,,; . (Contract : .Vendee), by NY for a Variance to the. Rudolph H.Bruer,Esq.,Main Zoning Ordinance;Article III;;`'' Road, Southold, NY,.for a Section IW31, Bulk Schedule;" Variance to the Zoning for permission to construe -Z Ordinance,Article III,Section one-family dwelling with dec ,: 100-30(A)-'..'.and (B) for addition with an insufficien permission . to construct -rear setback, at 1235.•'.: garage and tennis court with -Wells Road, Peconic, NY � fencing, for principal use on County Tax Map Parcel No:•': : .this vacant parcel.Location of 1000-86-2-part of 1. ;.., r .- Property: 675 Private Road 7i55 p.m. Application for.:. ; No. 18A-(East Hyatt Road), LULA MAE LATHAM, by Southold, NY; County.Tax Twomey, Latham and Shea,',,'-. ;._ •Map Parcel No.1000-50-3-9. Esqs.; 33 West Second Street::.•' ,,;:Any persons wishing.to be Riverhead,NY for a Variance;, ';.heard concerning the-above to Section 280-A, New York; matters should appear at the Town Law, for approval .6 times and place above access over a private right-of- ` specified. For additional in- :way located off the south side :' ' ;-formation, please contact .-of. Main'' (S.R. 25)..Road, • L•inda Kowalski,Secretary,at Orient, NY; Parcel in.Ques _765-1809(or765-1802). lion:1000-019-01-010. DATED:April5,1983. 8:00 p.m. Application for BY ORDER OF ROGER L. MUNZ :=and '> _-.,:; TIMSOUTHOLDTOWN VICTOR CATALANO, ',:'by--, PhilipJ. :Cardinale Es `BOARD OF APPEALS , , q.,- , GERARD P.GOEHRINGER Main .,Road; Drawer..'.W 'y p, ;OHAIRMAN. Jamesport,NY for a Variance F;S 1TA14 4220 ^ to the Zoning Ordinance, G Article VIt, Sections 100-70 8z 100-71, Article VIII, Sections 100-80.Sr100-81 for permission to establish retail sales of boats on this -17,193 sq. ft: parcel,in.a B-1 Zone.Location of Parcel: 13175 Main Road, Mattituck, NY County Tax Map Parcel No 1000-140-03- 038 ft 8:05 p.m. Application fora ROGER L. MUNZ and . VICTOR CATALANO, by Philip J.,.,Cardinale, .Esq., Main Road; Drawer W, Jamesport, NY for a Special Exception to the-.-,Zoning Ordinance, - Article, VIII, Section 100-80(B)[14][15].for permission.to utilize premises for boat sales on the premises in question zoned B-1 General Business, which' use . is permitted in.a• C-Industrial District by Special Exception. LEGAL NOTICE Location of Property: 13175 NOTICE IS HEREBY- Main Road, Mattituck, NY; GIVEN County Tax Map Parcel No. OF NEW YORK ) pursuant to Section::;_; 1000-140-03-038. 2 7 of the Town Law and the:__:= g;10 ) SS: I rovisions of the Amended,'.' ,::: P•m. Application of HENRY JOHN PAVLAK,3505 TY OF SUFFOLK ) ode of the Town of Southold;";:'; :.'Grand Avenue,Mattituck,NY Regular Meeting and fhe•:.:;��.'.for a Variance to the Zonin following Public Hearings will _'µ;=Ordinance,Article III,Section • Gustayson be held by the Southold Tuwn,�; ...............................................................of Greenport, in said County Board of A eals on'`; ?"'100-32 for permission to e PP construct accessory garage she is a representative of THE SUFFOLK TIMES, a weekly structure in the side and area. a er,published at Greenport, in the Town of Southold, County 1983, at the Southold Town _: ;'::.Location of Property: 3505 p p Hall, Main Road,,Southold, :;:::.Grand Avenue, Mattituck, olk,State of New York,and annexed is a printed copy that has commencing.at 7:30 p.m. and ::NY• County Tax Map Parcel as follows y = regularly published in said newspaper once in each week 7:30 m Application for > No.1000-107-01-005.- '�•• •th• P pp 8:15 p.m. Application'for 17•P,......... week(s) successively, commencing the.. 4 day ROBERT AND JOANNE,: ;.,,_..JOHN F. AND MARY r11 83 DeVOE, by Irving L. Price, McFEELY, ............by Gandia 19.......................... Jr., Esq., 828 Front Street, :` Associates,Inc.,19 Brookfield Greenport,NY.for a Variance.. Road, Northport, NY for a to Section 280-A, New.York Variance to the Zoning Town Law,for approval of York., ..... . .... . ....................................................................... cess over a private right-of- o:;, ,Ordinance, Article III, way located off the north side Sections 100 31 and 100-32 for of Main (S.R. 25) Road, at. Permission to locate dwelling to before me this............................................. th Ter Main Point, Orient, N a with an insufficient sideyard Parcel in Question:Orient, N ; setback,from the east side ••••••..... ~�'..................••. 19••••••.0....................••••• sion Lot 3 of Minor Subdivision line;and establishing front- .. yard location of of Jonathan D. Stern; County existing Tax Map Parcel No. 1000-17- garage structure. Location of 02-001.2. ' Property: South Side of => ..Peconic Bay Boulevard, 7:35 ' p.m. RECESSED ;Laurel; County Tax Map HEARING: Application for ""Parcel No.1000-128-02-009.1. . "a HELEN K.DE VOE ERNEST H. PRUSSNER, by.. 8:20 p.m. Application of MARY PUBLIC,State of New York Abigail A. Wickham, Esq., 1 Main Road,Mattituck,NY � ANNE POLASHOCK, 570 No.4107878,Suffolk County Main Road, p.m Application for Third Street,New Suffolk,NY -i Term Expires March 30, 19-5 ANDREW KRUPSKI and for a Variance to the Zoning Ordinance Article III Section 'i an they,by William B.Smith, ' 22 Mechanic Street,Southold, 100-31 for permission to .a N for a Variance to. the ".replace and increase size of f 9 )C .39 = 6 0.0 Z ng Ordinance,Article III, •existing porch. Existing and S . tion 100-31 for approval of. Proposed construction will exceed 20% of lot coverage. two lots having . insufficient . Location of Property: East area and width. Location of Side of Third Street. New RICHARD F. LARK ATTORNEY AT LAW MAIN ROAD- P. O. BOX 973 CUTCHOGUE. NEW YORK 11935 TELEPHONE 516 734-6807 March 23, 1983 Mrs. Judith T. Terry Southold Town Clerk Town Hall - Main Road Southold, New York 11971 RE: N. Charles DeLuca and Sylvia Deluca - Wells Road, Peconic, New York Property Dear Mrs. Terry: In connection with the above-captioned matter, I am enclosing the following: 1. Application for Variance in triplicate. 2. Exhibit A: Deed from Herbert W. Wells, Executor to N. Charles DeLuca and Sylvia DeLuca dated March 9, 1982. 2. Exhibit B: Survey of .Van Tuyl dated August 20 , 1981, amended October 6, 1982. 3. Exhibit C: Minor Subdivision Map made for Estate of George Wells prepared by Roderick Van Tuyl, P.C. dated November 22, 1977. 4. Exhibit D: New York. State Department of Environmental Conservation Permit No. 10-82-0515 with Amendment dated October 26 , 1982. 5. Notice to Adjoining Property Owners with .proof of mailing together with certified mailing receipts attached thereto. 6 . Notice of Disapproval from Building Inspector. 7. Short Environmental Assessment Form. 8 . Letter to the Southold Town Board of Appeals concerning Tidal Wetlands. • Mrs. Judith T. Terry -27 March 23 , 1983 9. Three (3) additional copies of survey prepared by Van Tuyl dated August 20, 1981, amended October 6, 1982. 10. Check payable to the order of the Town of Southold in the amount of $25. 00 representing the required filing fee. If the above papers are in order, please place this matter before the Board of Appeals so a date may be set for a public hearing. Very truly yours,,., Richard F. Lark RFL:bc Enclosures �VP T Town Hall, 53095 Main Road � P.O. Box 728 Southold, New York 11971 JUDITH T.TERRY `6 TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OP VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 28, 1983 To : Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3105 application of Charles & and Sylvia De Luca for variance. Also included is notification to adjacent property owners ; Short Environmental Assessment Form; Letter relative to N.Y.S . Tidal wetlands Land-Use; Notice of Disapproval from the Building Department; and survey. Judith T. Terry Southold Town Clerk t RECEIVED TOWN OF SOUTHOLD, NEW Y(FKt% MAR 2 ��96L FROM DECISION OF BUILDING INSPECTOR APPEAL NO. March 2�, 19 8 3 D 0L�S S_o�Ldl DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. X, (We) N.,.. MaXlP-s...Del,uea..,and..S.ylvia DeLuca...... 24.0...?WY )7A..PXiX.Q............ Name of Appellant Street and Number ......................Merrick ... ...................................... N.Y.,... 15.6.6......HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR, PERMIT NO. ........... DATED ...March„21,19,83................. WHEREBY THE BUILDING INSPECTOR DENIED TO Charles & SyApplvia„DeLuca ... ...... Nome of licant for permit. ................ of 24,01..Halyard Drive,,... errick, New„York ,, 11566, Street and Number Municipality ��State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( X) Permit-to-construct deck addition to dwelling. 1. LOCATION OF THE PROPERTY 1235„Wells„Road,, Peconic,,„New„York ................... Street Use District on Zoning Map Suffolk... oufity TaA, iag...N , 1;000:-75--6- 3 . "All Residential and i xmxmx Agricultural 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III, Section 100-31 Bulk and Parking Schedule (Rear Yard) 3. TYPE OF APPEAL Appeal is made herewith for ( X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal kwa) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance andwas made in Appeal No. ................................Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A'Subsection 3 (X ) A Variance to the Zoning Ordinance. is requested for the reason that Petitioners are in the process of constructing a one family dwelling on their property. In the opinion of the Building Inspector the proposed deck addition to this dwelling reduces the rear yard setback- to less than the required 50 feet from "clear title boundary line"; thereby requiring a rear yard variance. (See Notice of Disapproval of Building Inspector Edward Hindermann attached hereto. ) Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sory HARDSHIP because your Petitioners are owners of property on the easterly ,side of Wells Road, Peconic, New York, which was purchased from the Estate of George H. Wells by deed dated March 9, 1982, recorded in the Suffolk County Clerk' s Office on March 17, 1982, in Liber 9155 page 424 (a copy of which deed is attached hereto as Exhibit A) . The metes and bounds description of the property contained in Exhibit A is depicted on a survey prepared by Roderick Van Tuyl dated August 30, 1981, and amended October 6 , 1982 (a copy of said survey is attached hereto as Exhibit B) . The property is also depicted as Lots No. 3 and 4 on a certain Minor Subdivision Map made for the "Estate of George Wells" which was approved by the Southold Town Planning Board on October 18, 1979 (a copy of which minor subdivision map is attached hereto as Exhibit C) . The purpose of your Petitioners ' purchasing this property was to build an attractive single family home thereon. Due to the property' s location to Richmond Creek and the presence of wetlands on the property itself, your Petitioners discovered a Tidal Wetlands Permit had to be obtained from the New York State Department of Environmental Conservation before any dwelling could be constructed. Your Petitioners did obtain such a permit. on August 8, 1982. A copy of said Permit No. 10-82-0515 (continued on Attached Rider) 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because: the shape of your Petitioners' property; the presence of the tidal;Lwetlands thereon; the stringent requirements of the New York State Department of Environmental Conser- vation; the interpretation of the Building Inspector as to the rear lot line is the clear title boundary line coupled with the problem of the boundary line dispute with' the northerly neighbor make this property truly unusual. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because this neighborhood is zoned "A" Residential and Agricultural which allows the construction of a one family dwelling. The granting of the rear yard variance to allow a wooden deck to be attached to Petitioners' one family dwelling will an asset to their property in particular and the neighborhood in general.. The 12 Foot area to be occupied by the wooden deck will be within the area of the of the Department of Environmental Conservation Permit (Exhibit D) . N. Charles DeLuca STATE OF NEW YORK ) .. _ ) ss . .... . ............................................ .... . .. . . ..... . COUNTY OF SUFFOLK ) Signature . Sylvia DeLuca Sworn to this ......... .......�.�......................... day of............M,MArCh................................ 19 83 (�iiGLs�i ........................Notary Public............................. BABEtT$CORNlNE t N TA k PUMIC, 5iare of New York SuffCommiscio Ex tY No. �?-5794A00 picot March 30, i9...�% Appeal from Decision of Building Inspector To the Zoning Board of Appeals, Town of Southold, N.Y. N. Charles DeLuca and Sylvia DeLuca 1. STRICT APPLICATION OF THE ORDINANCE (CONT'D) : dated August 3 , 1982 and amendment thereto dated October 26 , 1982 is attached hereto as Exhibit D. As seen from the Tidal Wetlands Permit (Exhibit D) , the Department of Environmental Conservation required the house be constructed a minimum of 75 feet landward of the tidal wetlands boundary. Even though your Petitioners property is substantially large:.:in relation to zoning requirements, the requirements of the New York State Department of Environmental Conservation left very little area in which your Petitioners could construct a home. When your Petitioners ' applied for a Southold Town Building Permit, the Building Inspector Edward Hindermann determined despite the fact the front of the house would face to the south to take advantage of the natural beauty of the property and the area, as well as to comply with the Department of Environmental Conservation requirements as to the distance from the wetlands, the front yard area would be the westerly side of the house towards Wells Road and the rear yard area would be the easterly side, of the house. This determination in and of itself would not be a problem except for the fact the adjoining property owner to the north, Alfred N. DiNunzio, who is successor in title to a John Krukowski claims ownership to certain portions of your Petitioners ' property which is depicted on Exhibit B as "Area of Questionable Title" . The Building Inspector for purposes of zoning insists the rear lot line must be the line shown on Exhibit B which he determines to be the clear title boundary line and not the ordinary high water mark of Richmond Creek. Since your Petitioners ' dwelling could not be closer than 50 feet to Wells Road as shown on Exhibit B, because the Building Inspector determined_'.that to be the front yard area, your Petitioners are now required to seek a rear yard variance in order to locate a wood deck which is attached to the main floor area on the easterly side of the house,. The problem concerning the "Area of Questionable Title" has been of great concern to your Petitioners, and your Petitioners are .de- sirous of and have attempted to work out some amicable means of clearing the title to this particular area of their property, -but to date this has not transpired. It is your Petitioners ' belief the problem of clearing the title might take several years and a possible litigation. Your Petitioners ' do not want to wait that long in order to build the deck 'additioh" tb:_their home which is currently under construction. The requirement for the rear yard variance to construct this 12 foot wide wooden deck is not substantial when the size and shape of your Petitioners' parcel of land as well as the location of the house to the wetlands is taken into consideration. The granting of the variance has absolutely no effect on the density which would affect any governmental facilities , and Petitioners have already agreed with the Southold Town Planning Board to merge lots numbered 3 and 4 on the minor subdivision so there will be just one building lot in- stead of two. Furthermore, due to the stringent requirements of the New York State Department of Environmental Conservation, it is seriously doubted any construction will ever take place on the trian- gular parcel denoted on Exhibit B as "Area of Questionable Title" due to the presence of the tidal wetlands. The point being is although the construction of the deck will require a "rear yard" variance, the practical result is this "rear yard" as determined by the Building Inspector will always be greater than the zoning require- ments due to the restrictions imposed by the Department of Environ- mental Conservation. For reasons stated above concerning the history of this problem, there is no feasible method of resolving this problem other than the granting of a variance for the relief requested; and the interests of justice would also be served by allowing the variance. "�_4 olk_11&.4 N. Charles DeLuca Sy is DeLuca i Appeal from Decision of Building Inspector To the Zoning Board of Appeals, Town of Southold, N.Y. N. Charles DeLuca and Sylvia DeLuca 1. STRICT APPLICATION OF THE ORDINANCE (CONT'D) : dated August 3, 1982 and amendment thereto dated October 26 , 1982 is attached hereto as Exhibit D. As seen from the Tidal Wetlands Permit (Exhibit D) , the Department of Environmental Conservation required the house be constructed a minimum of 75 feet landward i of the tidal wetlands boundary. Even though your Petitioners property is substantially large in relation to zoning requirements, the requirements of the New York State Department of Environmental Conservation left very little area in which your Petitioners could construct a home. When your Petitioners' applied for a Southold Town Building Permit, the Building Inspector Edward Hindermann determined despite the fact the front of the house would face to the south to take advantage of the natural beauty of the property and the area, as well as to comply with the Department of Environmental Conservation requirements as to the distance from the wetlands, the front yard area would be the westerly side of the house towards Wells Road and the rear yard area would be the easterly side of the house. This determination in and of itself would not be a problem except for the fact the adjoining property owner to the north, Alfred N. DiNunzio, who is successor in title to a John Krukowski claims ownership to certain portions of your Petitioners' property which is depicted on Exhibit B as "Area of Questionable Title" . The Building Inspector for purposes of zoning insists the rear lot line must be the line shown on Exhibit B which he determines to be the clear title boundary line and not the ordinary high water mark of Richmond Creek. Since your Petitioners' dwelling could not be closer than 50 feet to Wells Road as shown on Exhibit B, because the Building Inspector determined that to be the front yard area, your Petitioners are now required to seek a rear yard variance in order to locate a wood deck which is attached to the main floor area on the easterly side of the house. The problem concerning the "Area of Questionable Title" has been of great concern to your Petitioners, and your Petitioners are de- sirous of and have attempted to work out some amicable means of clearing the title to this particular area of their property, but to date this has not transpired. It is your Petitioners ' belief the problem of clearing the title might take several years and a possible . litigation. Your Petitioners ' do not want to wait that long in order to build the deck addition to :their home which is currently under construction. The requirement for the rear yard variance to construct this 12 foot wide wooden deck is not substantial when the size and shape of your Petitioners' parcel of land as well as the location of the house to the wetlands is taken into consideration. The granting of the variance has absolutely no effect on the density which would affect any governmental facilities, and Petitioners have already agreed with the Southold Town Planning Board to merge lots numbered 3 and 4 on the minor subdivision so there will be just one building lot in- stead of two. Furthermore, due to the stringent requirements of the New York State Department of Environmental Conservation, it is seriously doubted any construction will ever take place on the trian- gular parcel denoted on Exhibit B as "Area of Questionable Title" due to the presence of the tidal wetlands. The point being is although the construction of the deck will require a "rear yard" variance, the practical result is this "rear yard" as determined by the Building Inspector will always be greater than the zoning require- ments due to the restrictions imposed by the Department of Environ- mental Conservation. For reasons stated above concerning the history of this problem, there is no feasible method of resolving this problem other than the granting of a variance for the relief requested; and the interests of justice would also be served by allowing the variance. N. Charles DeLuca Syl is DeLuca �i CID BOARD OF APPEALS TOWN OF SOUTHO.LD In the Matter of the Petition of NOTICE N. CHARLES DELUCA & SYLVIA DeLUCA TO to the Board of Appeals of the Town of Southold ADJACENT PROPERTY OWNER TO: Alfred N. DiNunzio' & Wf . \ 12 Haverfozd Vane Michael Zaneski & Wf Henry Pierce & Wf Coram, New York 11,727 Wells Road Wells Road Peconic, New York 11958 Peconic,New York 11,958r YOU ARE HEREBY GIVEN NOTICE.: 1. That it is the intention of the undersigned to petition the Board of Appeals.of'the Town of Southold to request a (Variance) (the following.relief: A rear yard variance for permission, to erect a deck addition to dwelling 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 1235 Wells Road, Peconic, New York, bounded northerly by lands of Zaneski and Di Nunzio Past Prl y hXr 1 AnrlG of n;n„n�; and Richmond Creek, southerly by lands of H. pierce; westerly by Wells Road 3. That the property which is the subject of such Petition is located in the following zoning district: "A" Residential and Agricultural ni sf-ri ni- 4. That by such Petition, the undersigned will request the following relief: . Permission to erect a wooden deck addition to the dwelling in the rear yard area- 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Section 100--31 Bu1k and Parking Sc dole 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) 7�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: March 23 , 19 8 3 - � Petitioner N. Charles DeLuca . . . . . . . . . . ylvia DeLuca, Petitioner Post Office Address 2401 Halyard Drive Merrick, New York 11566 re) o- - �' doft'sM -I �yo/yes fs �s ° OF MAILING OF NOTICE pybd'tr/ of�oppbd �b od �a ,ERTIFIED MAIL RECEIPTS •,� Oyb, -ly y�lo,�7d.�'' ys �� f°,� 'S \ �fbo 316';�y�°� °fyo� �`� , °v°~ �� ADDRESS cb p °f�oy°b `'�'Q�yaQ��S`'Q 12 Hav'crford Lane, Coram, New. York ],] 727 d1j� �ord�72 a,� -Oys �Vay�ti�Qa We]js Road, .-Pecona c, New fork 11958 Wells Road, Peconic, New York 11958 0. � mod' N0. 7'3 6 a_ MAIL TIFIED RECEIPT FOR CER INSURANCE COVERAGE PROVIDED— y.{ NOT FOR INTERNATIONAL MAIL (see Reverse) d �!p/dff� SENT TO & Wf /,X °Lbdyr/ °r'dOp�d °a�``1st °° Henr Pierce STREET AND NO. /yOy'jp''d.� ?/pysbas b/NO, �o�o��oo aOti�' o� �ti} Wells. Road., , °y4/°JJ yf a� �'� P.O.,STATE AND ZIP co Y 1 i 9 5 8 �b Oyb�o �f�jyppa �tv yaQ yZQ, P econlc $ POSTAGE' Q CERTIFIED FEE '� ¢ SPECIAL DELIVERY 4 /J rib CV RESTRICTED DELIVERY �'j �op•Y y°�i s O� / I '� u+ SHOW TO WHOM AND DATE a A r > > DELIVERED �b� c m H SHOW TO WNOM DATE AND 4 ��byOTE /�aq� �2 'p�� fly of SOo �, �' �- ADDRESS OFDELIVERY M. d0�z aW p' l,�i'�LpIO0 oF- oWe DE�V TO EREDWffHRESTRICTED a d b�1� o ��s O Z DELIVERY .. \ I y ��, s Z �'SHOW W WHOM,DATE AND" 4 ` W ADDRESS OF DELIVERY WITH �/ I RESTRICTED DELIVERY %Jy t $r7�5 Jo / TOTAL POSTAGE AND FEES \®� �H o i � POSTMARK 00 w G a STATE OF NEW YORK ) COUNTY OFUFFOLK) ss.: .S Barbara. Diachun , residing at School House Road, Cutchoque, New York 11935 , being duly sworn, deposes and says that on the 24thday of March , 19 83 deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names;that the addresses set opposite the names of said persons are the addresses of said persons-as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at CutehocEue,New York ;that said Notices were mailed to each of said persons by (certified) (rxgicpg I) mail. - �1JLaeIl.L�� Barbara Diachun Sworn to before me this 25th day of March ;19 8 3 Notary Public BABCTTE CORVINE NOTARY PUBLIC, Stare of New York S,sffo}k Courty No. 52-5792800 Commission Expires March 30, 1 S_� CONSULT YOUR LAWYER 111! SIGNING THIS INSTRUMENT-THIS INSTR NT SHOULD 1!USED BY LAWYERS ONLY. LIB �t �� ,� _ 22005 3� 3� THIS INDBN'IURE, made the day of March , nineteen hundred and eighty—two, BETVVEEN HERBERT W. WELLS, residing at (no number) Main Road, ', P Southold, New York 11971, as sole surviving Executor 0- 7l9ceooe0[>RtR[ of the last will and testament of George H. Wells, , late of the Town of Southold deceased, who died on the IIth day o�September , nineteen hundred and thirty—nine, party of the first part, and N. CHARLES DeLUCA and SYLVIA DeLUCA, his wife, as tenants by the entirety, both residing at 2401 Halyard Drive, Merrick, New York 11566, 11 I j party of the second part, ` WrMESSETH,that the party of the first part, to whom • ` , �' I testamentary were issued by tile letters e Surrogate's Court, Suffolk County, New York°n and by virtue of the lower and :iuthority given in and by said last will and testainent, and/or by Article I of the Estates, Powers and Trusts Law, and in consideration of the sum Of - - - - - TWENTY-FIVE THOUSAND Q25,000.00) - - - - - - - _ _ dollars, paid by the party of the second part, dues hereby grant and release unto the party of the second part, the distrihutees or successors and assigns of the party (,f the second part forever, all the right, title and interest of the party of the first part in and to: ' ' IALL that certain plot, piece or parcel of land, > Wtmiftdtt situate, lying and being aalie at Pe conic, in the Town of Sou thold, Suffolk .County, New York, bounded and described as follows : .� BEGINNING at a monument set at a point of deflection in the easterly ,line of Wells Road on the westerly line of land now or formerly of Zaneski, said monument being 897.49 feet southerly along said line of Wells Road from the southerly line of Main Road; RUNNING THENCE along said land now or formerly of Zaneski and along land now or formerly of Krukawski, South 19 degrees 59 minutes 10 seconds East, 205.0 feet; THENCE continuing along Said land now or formerly of Krukowski, South 64 degrees 59 minutes 10 seconds .East 220 feet, more or less , to ordinary high water mark of Richmond Creek; THENCE southerly along said high water mark 380 feet, more or less , (on a tie-line course running South 9 degrees 05 minutes 20 seconds ,. West, 368.13 feet) , to land now or formerly of Henry Pierce; THENCE along said land now or formerly of Henry Pierce, North 84 degrees 44 minutes 30 seconds West, 270 feet, more or less, to said easterly line of Wells Road; THENCE along said easterly line, North 5 degrees 15 minutes 30 seconds East, 627.24 feet to the point of beginning, said premises containing 2.6 acres , be the same more or less , according to survey by Roderick Van Tuyl, P.C. , dated August 20, 1981. RECEIVED U$ RFAL ESTATE MAR 17 1982 TIN,".4SFER ►" SUFFOLK EXHIBIT' COuwrY � TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances, and also all the estate which the said decedent had at the time of decedent's death in said premises, and also the estate therein, which the party of the first part has or has power to convey or dispose of, whether individually, or by virtue of said will or otherwise, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the distributees or successors and assigns of the party of the second part forever. s AND the party of the first part,in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN VVITNFS$WHEREOF, the party of the first part has duly executed this deed the day and.year first above written. IN PRFSENCE OF: �, tom, , 'As sole surviving Executor of 97 the Last Will and Testament of George H. Wells, deceased. -OBIT STATE OF NEW YOM COUNTY S UFFOLK, sm STATE OF PEE' DRK. COUNTY OF so On the 94;day of March 19 82, before me On the day of 19 , before me Personally came HERBERT W.' WELLS , as sole personally came surviving Executor of the Last Willa d Testament of George H. Wells deceased , to me known to be the i&INidual describe in and who to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that he ex ted the same. executed the same. J . pENSSEL,mR a. TERY.JR. h0JAPY I'ir;•uf. :i . . !I *f.'k . . Quahhi d r,Sull0k co-Ay ;oMaLlLSit n Lxp:,c.With 30, OR I STATE OF NEW TOM COUNTY OF STATE OF NEW YOM COUNTY OF sst On the day of 19 , before me On the day of 19 , before me personally came personally male to me known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with say that he resides at No. whom I am personally acquainted, who, being by me duly I that he is the sworn, did depose and say that he resides at No. of that he knows the corporation described in and which executed the foregoing instrument; that he ► to be the individual knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; to said instrument is such corporate seal; that it was so that he, said subscribing witness, was present and saw affixed by order of the board of directors of said corpora- execute the same; and that he, said witness, Lion, and that he signed h name thereto by like order. at the same time subscribed h name as wimps thereto. M-3333 �xetutor'g �9ceD arcrlolt TiTLB No. BL4DCK LM HERBERT W. WELLS , as sole surviving COUN r OR TOWN Executor of the Last Will and Testa- ment of George H. Wells, dec'd. , Recorded By: TO MUM TITLE INSURANCE N. CIiARLES DeLUCA and SYLVIA DeLUCA Company of New York, 127 W.Main Street his wife. Riverhead, N.Y.11901 Return to: I , Recorded By: U-'FIFE TITLE INSURANCE Company of New York 127 W.Main Street Riverhead, N.Y.11901 r��y T�V L Return to: zo I u 0 Ot, z a �e 0 V W O< W 2 o. r N_ j d3UNSU W of �" rT-TIBIT CONSULT YOUR LAWYER JRE SIGNING THIS INSTRUMENT-THIS INSTO NT SHOULD 3E USED BY LAWYERS ONLY. UB �r �� 22005 3� THIS INDENTURE, made the day of March , nineteen hundred and eighty—two, 3 BETWEEN HERBERT W. WELLS, residing at (no number) -Main Road, S �^ Southold, New York 11971, as sole surviving Executor t XK0o .M= of the last will and testament of George H. Wells , , late of the Town of Southold deceased, who died on the llth day orSeptember , nineteen hundred and thirty—nine, party of the first part, and N. CHARLES DeLUCA and SYLVIA DeLUCA, his wife, as tenants by the entirety, both residing at 2401 Halyard Drive, Merrick, New York 11566, II party of the second part, <,L WITNESSETH,that the party of the first part, to whom letters testamentary were issued by the Surro ate's Court, Suffolk County, New York O1 and by virtue of the power and :authority given in and by said last willand testsunent, and/or by Article 11 of the Estates, Powers and Trusts Law, and in consideration of the sum Of TWENTY-FIVE THOUSAND ($252000.00) - - - - - - - - - dollar., paid by the party of the second part, does hereby grant and •release unto the party of the second part, the distributees or successors and assigns of the party of the second (� 00 part forever, all the right, title and interest of the party of the first par t in and to: Al.l. that certain plot, piece or parcel of land, situate, ' lying aad being butt at Peconic, in the Town of Southold, Suffolk .County, New York, bounded and described as follows : BEGINNING at a monument set at a point of deflection in the easterly line of Wells Road on the westerly line of land now or formerly of Zaneski, said monument being 897.49 feet southerly along said line of Wells Road from the southerly line of Main Road; RUNNING THENCE along said land now or formerly of Zaneski and along land now or formerly of Krukowski, South 19 degrees 59 minutes 10 seconds East, 205.0 feet; THENCE continuing along said land now or formerly of Krukowski, South 64 degrees 59 minutes 10 seconds East 220 feet, more or less, to ordinary high water mark of Richmond Creek; THENCE southerly along said high water mark 380 feet, more or less , (on a tie-line course running South 9 degrees 05 minutes 20 seconds ,. West, 368.13 feet) , to land now or formerly of Henry Pierce; T11ENCE' along said land now or formerly of Henry Pierce, North 84 degrees 44 minutes 30 seconds West, 270 feet, more or less, to said easterly line of Wells Road; THENCE along said easterly line, North 5 degrees 15 minutes 30 1 seconds East, 627.24 feet to the point of beginning, said premises containing 2.6 acres, be the same more or less , according to survey by Roderick Van Tuyl, P.C. , dated August* 20, 1981. 226 RECEIV�p 05 RFAL ESTATE MAR 17 J W2 7h,,;4SFER l AX SUFFOLK E.XHI13IT COUNTY TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances, and also all the estate which the said decedent had at the time of decedent's death in said premises,and also the estate therein, which the party of the first part has or has power to convey or dispose of, whether individually, or by virtue of said will or otherwise, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the distributees or successors and assigns of the party of the second part forever. AND the party of the first part,in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as it trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WI'I'NEM WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PHFSENCB OF: A / {{ ,/�► As sole surviving Executor of the Last Will and Testament of George H. Wells, deceased. "E"KH 7T4 STATE OF NEW YOM COUNTY S UFFOLK, sm STATE OF HE ORK, COUNTY OF sa On.the 9$;F,day of March 19 82, before me On the day of 19 , before me Personally came HERBERT W.' WELLS , as sole personally tame survivinp, Executor of the Last Willa d TestamenE of Geor e .H. Wells deceased , to me known to be the inAvidual descr&A in and who to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that he ex ted the same. executed the same. I i RENSSE.AM a. TERRY.JR. Qualdi,A ri Su 1111k C WAY Comrnresi,it L>p,rc.blotch 30, am I STATE OF NEW YORK, COUNTY OF sot STATE Of NEW YOM COUNTY OF sfii On the day of 19 , before me On the day of 19 before me personally came personally came . to me known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with say that he resides at No. whom I am personally acquainted, who, being by me duly that he is the I sworn, did depose and say that he resides at No. of I that he knows the corporation described in and which executed the foregoing instrument; that he i to be the individual knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; to said instrument is such corporate seal; that it was so that he, said subscribing witness, was present and saw affixed by order of the board of directors of said corpora- execute the same; and that he, said witness, tion, and that he signed h name thereto by like order. at the same time subscribed h name as witness thereto. M-3333 41xeeutor's 30ceb Br.CT1ON TITLBI No. BLOCK LOT HERBERT W. WELLS , as sole surviving COUNW OR TOWN , Executor of the Last Will and Testa- ment of George H. Wells,, dec r d. , Recorded By: M L&VFE TITLE INSURANCE Company of New York N. CHARLES DeLUCA and SYLVIA DeLUCA, 127 W.Main Street his wife. Riverhead, N.Y.11901 .. Return to: I ' Recorded By: 'FIFE TITLE INSURANCEXV, l Company of New York ) 127 W.Main Street C X I Riverhead, N.Y.11901 ec L D /V Y Return to: ��v T�V i +' yo � I v 0 O �OG� z n at 0 u W 2 0 a$++H� N_ r- a all It U�'31f E I131T, / FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL / n File No. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date V-// . . . . . .. 19 ? To a%'t'/S �. . .r/`�/T�la Ae' e:fz4 .. . . . . . . . . PLEASE TAKE NOTICE that your application dated '. . for permit to construct . E.� . 4Y�' ��. !�.(�"1/'. . .Gf9�i �1.�:�1. . . . . , . . . . . . at Location �E /(1 � - die of Property . �GZ'.�/,�. . .�rG/ .6. . . . . . .�. . . . . . . . . . . . . . ��r. . .�. �.y House No. r Street Ham/et County Tax Map No. 1000 Section . . Q�,S . . . . . Block . . . . . . . . Lot . . . . . . Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . . Lot No. . . . 7-n .. . . . . . . . . . is returned herewith and disapproved on the following grounds ae?t .0:Sc . ./. c!. . ` . . . . . . . . . . . . ...47�. . . . . . . . . . Building Inspector RV 1/80 FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL FileNo. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date To PLEASE TAKE NOTICE that your application dated . . �yC,�?, ,all • , , , , ., 19 O. 4 for permit to construct —4:2 pc4- . 4Y`'�{Y�, ((,(�j�, , ,��1.s21 • • , , , , , , , at Location of Property . 1a J-:: . .(�G/,Ell �,�.// House No. . . . .�.. . . . . . . . . . . . . . . . . . 1.4 S� r!'War • Street Ham/et County Tax Map No. 1000 Section . . 1917 . . , , , Block . . . . . . . . Lot �,��. , , , , Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . . Lot No. . . . . , . . . . . . . . . . . . is returned herewith and disapproved on the following grounds `�,,�G�.S,eG�; , ,�fr� • Building Inspector RV 1/80 #1 SHORT ENVIRONIIIENTAL ASSESSMENT FORIA INSTPUCTIONS : o In order to answer- the questions in this short EAF it is assumed that._ the preporer will use currently available information .concerning the project and the likely impacts of the action . -It is not expected that additional studies, research or other investigations will be undertaken . (b ) If any question has been onseered Yes the project may be significant and a completed Environmental Assessment Form is necessary . (c ) If all questions have been answered No .it is likely that this project is not significant . (d) Environmental Assessment 1 . 1'li 1 pro.ject resu t in a large physical change to the project' site or physically alter more than 10 acres of� land? . . . . . . . . . . . . . . . . . . . . . . . . Yes X. No 2 . Will there 'be a major change to any unique or -unusual land form found on the site? . . . . . . . . . Yes_ x _No 3 . Will project alter or have a large effect ' on existing body of water? . . . . . . . Yes X 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. _Na 6 . Will project affect any threatened or endangered plant or animal species? . . . . . . . . . .. . Yes X No . .7. Will project result in a major adverse effect on air quality? . . . . . . . . . . . .. . . .. . . . . . . . . . . . . . . . Yes No S . Will project have a major effect on visual character of the community or scenic views or. vistas known .tp : be important to the community? Yes X ' No 9 . Will project. adversely impact any site or structure of historic, prehistoric or paleontological importance or any site designated as a critical environmental area by a local agency? . . . . . . . . . . . . Yes No 10 . Will project have a major effect on existing or future recreational opportunities? . 1 . . . . . . . Yes X No `ll . Will project result in .major traffic problems or cause a major effect to 'ex•i'sting transportation systems? . .. . . . . . . . . . . . . . . . . . . . . . Yes X No 12 . Will project regularly cause objectionable odors, noise, glare, vibration, or electrical . disturbance as a result of the pr. oject ' s operation? .. . .. ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yes No 13 . Will - projecthave - on), im.,pactonpublic health or .safety? . . . . . . . . . . . . . . .. . . . . . . . . . . . . • . . . YesX No 14 . Will project affect the existing community by directly causing a growth in permanent population of more thon 5 percent over a one year period or have a major negative effect on the character of the community or neighborhood? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . YesX No 15 . 1s there public controversy concerning* the project? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . YesX No PREPARER ' S SIGNATU'Pl�w_. do"t& REPP,ESENTING N. Charles DeLuca & Sylvia DeLuca DATE March 23, 1983 7 'R A March 23 , 1983 (Today ' s Date) To: Southold Town Board of Appeals Main Road Southold, NY 11971 Re: Appeal Application of N. -Charles DeLuca & Sylvia DeLuca Location of Property: Easterly side of Wells Road Ri nbXonri CrPPk PecQni r, New York Dear Sirs : In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 I,:YCRR, Part 661, and Article". 25 of the New York State Environmental Conservation Law, please be advised that the subject property in the within appeal application: (please check one box) ( ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length. * ( ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately feet in length. ( ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. , (X ] May be located within 300 feet of tidal wetlands; and there is no bulkhead or concrete wall existing on the premises. See Tidal Wetlaaas Perma,t No. 10-82-0515 from the New York State Department of Environmental Con-* ( ] Is not located within 300 feet of tidal wetlands to the best of my .knowledge. * [Starred items (*) indicate your property does not appear to fall within the jurisdiction of the N .Y.S. D.E.C. ] Sincerely yours, *servation, dated August 3 , 1982 amended October 26, 19-82 attached hereto. ( ignature please) c N. Charles DeLuca ' c_ SUFFOLK CO. HEALTH DEPT. APPROVAL - -- 6X$ MA H. S. NO. MAP- 71 " l-A '... Hil"O '' 0 ..� � STATEMENT OF INTENT � 41Y. THE WATER SUPPLY AND SEWAGE DISPOSAL SYSTEMS FOR - THIS' RESIDENCE -WILL _ F THE , CONFORM TO THE STANDARDS O SUFFOLK CO. DEPT. OF HEALTH,SERVICES.. ,.. . ..APPLICANT 8 / 0X6 'SUFFOLK "' COUNTY DEPT•.- -OF, HEALTH f . f' SERVIC_ES�-= F.-O,R APPROVAL- .-..,,.'OF :. CONSTRUCTION ONLY DATE: . _ �,,/'�.�G ,• _ �,, `,�_ ---F- :. ;, „ , ' `: � H'.`S:-REF. NO..: , • APPROVED qa-off. A�.. .8 � � �� ' ' SUFFOLK CO. TAX-MAP DESIGNATION:. t./ 4 �4 `I'' 1 , 9, T.; O;U�, � ,�'II 0, DIST:'_ SECT.. BLOCK PCL. h - f ski Pjo.l_: OWNERS ADDRESS: 97 PO � � . DEED: L . P. ��; �� ko ► • . �. �, Qk6 1. TEST'HOLE: STAMP TO THIS SURVEY IS A VIOLATION'OF" CJy T ''yyI - p_ sECTION 7309 OF•TH€NEW YORK STATE ALF-a0." d MICATION LAW _ ("'� /'� / g �r COP18S OF THIS'SU VEY NAP NOT BEARING '. -4 '! /�� `"I?X$ ✓ . L:L'..M�,./•�1(I t"'f E 0•� - - :'��ICV.S7, ISIk'LP.ND SU:t'd'eY•G?'5 1).K�D S_AL OR 4. J/�� (:�Q _ �"�/�!`"'•� �`' F:,1305,iD 5:;'_Sn.__L•Pd•�7 CONSIDERED O - Mdl. .(f.. .,._......1'"\r�.L«�-\ �, 4.�.�.rvt\+l_4,F�:-::.'�tl..i�.'. r�,-=.�,.�ANi �70 3_A VAIIT) � GUAR `IT:ES I , J- N SHALL RUN : CN Y O , Pam;.1,.,.,'vl _ THE SURVEN � TITLE IS:}. t�l. "37.'I IS BEHALF " - ,"$A-N'C?� 15r2con J r r .TO THE • �y 'J .r.r..w..^,..__,......•. "'-'F O,}. _V-.R''NTAL AGENCY ANr .�` . AMENDED U •OCT. G, I9$� - ti :<.� t.aT u,G, LISTED HEREON; AND �5 �.'^!�'R` �, ro arl.�s5 v,.�t_ o, TH€tmalNG INSTI- .� �j +OT TrRAIv3°ER ee A("I EK E 9 DEC.t S;19 a.c � ,I�T.eS At1 � f._ ,r..__ .�• _a :4iJ1Tti1N" 5„a•.. SFiNl?: � t SEAL GUAR f RODERICK VANYL, Pld 5 =�' ^ ` r ___I 5CE`v A tC�z"ti_ . t E '4. i'C? t.lci�r N.t .,. f. LICENSED LAND SURVEYORS, _-- AE3711 -MAC-� Cf `E .E ', GREENPORT ' NEW YORK ........ ................ A9, ID ...........AV,* '010'40 -P.NXWHORIZED ALTERATION 09 ADDIT101% SURVEY 15 A LATION OF VIO HE NEW YORK STATE t ;ICTION 7209 OF T IDUCATION LAW, r -5 r suavvovs lrarj qEAL ORL�, -A SIDERED' THIS MAP'NOT BEARING L 140T CON '�r A VAL;D SHALL'Rum, T�HE SURVE .3 Ev ALF TO THE C,OvMwENTAL AGENCY A kN: t'jr,:INSTITUTION LISTED HEREOM,'AND; ca kDING INSTI ASSIGNM OF THE LE AQ tjllom.rl)AAANTEES APE NOT TRAP AM t, '40 tj 1 711 +t- I be()o NO IXHIBI!