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HomeMy WebLinkAbout3680 Southold Town Board o£Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11cj71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3680 Application Dated 0ct0ber 8, ]987 TO: Mr. Gerry L. Horton, Builder for LEONARDUS VAN OUDENALLEN Kirkup-Lane Mattituck, NY 11952 [Appellant (s) ] At a Meeting of the Zoning Board of Appeals held on November ]8~ ]987, 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 [×] Request for Variance to the Zoning Ordinance Article III , Section 100-3l, Bulk Schedule [ ] Request for Application of LEONARDUS AND MARIE VANOUDENALLEN for a Variance to the Zoning Ordiqance,-Article III, Section 100-31, Bulk Schedule, for permission to construct addition to dwelling with an insufficient set- back from the closest point of arc along the front property line. Location of Property: North Side of Sailors Lane (a private road), approximately 147 feet west of Little Peconic Bay Road, Nassau Point, Cutchogue, NY~ County Tax Map Parcel No. lO00-111-14-7. WHEREAS, a public hearing was held and concluded on November 10, 1987 in the Matter of the Application of LEONARDUS AND MARIE VANOUDEN- ALLEN under Appl. No. 3680; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application, and 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: l. The premises in question is a described parcel of land located along the north side of Sailors Lane, Cutcho§ue, and is more particularly shown and identified on the Suffolk County Tax Maps as District 1000, Section 114, Block 14, Lot 7. 2. The subject premises contains a lot area of approximately .65 of an acre, and is improved with a single-family, two-story frame dwelling (constructed 1/23/67 under Building Permit #3365Z and under Building Permit #15418 issued 10/22/86). The existing dwelling is set back 35 feet from the front property line along Sailors Lane, 12 feet from the easterly side yard, 100 feet from the westerly side yard, and 104 feet from the rear property line (at its closest points). The dwelling with the westerly addition is shown to be set back 28'9" as shown by survey amended Septem- ber 16, 1986, prepared by Roderick VanTuyl, P.C. from the closest point along the arc of the cul-de-sac and 32'2" at the southwesterly corner of the westerly addition. (CONTINUED ON PAGE TWO) DATED: November 18, 1987, Foz~n ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appl. No. 3680 Matter of LEONARDUS VANOUDENALLEN Decision Rendered November 18, 1987 3. By this application, appellants request a Variance from the Provisions of Article III, Section 100-31, Bulk Schedule of the Zoning Code, for approval of the construction of an open brick porch, steps and planter construction, of a size 20' deep by 12'2" wide, leaving an insufficient setback from the front property line at not less than 15 feet. 4. Article III, Section 100-31, Bulk Schedule require a minimum frontyard setback at 35 feet or the established setback within 300 feet on the same side of the street on the same block for a principal building. 5. Article I, Section 100-13 of the Zoning Code excludes "steps and open porches projecting not more than five (5) feet from the exterior walls and having an area of not more than thirty (30) square feet .... " Since this open porch area exceeds this requirement, a variance is necessary. 6. It is the understanding of this Board that the open porch construction will remain open at all times, without any temporary or permanent enclosure (as constructed). 7. The open porch construction was shown on the survey amended September 16, 1986, submitted with the Building Permit application; however, the building plan did not show same. The record is not clear as to the exact date the existing construction took place, except that the Notice of Disapproval was issued September 30, 1987, and a final inspection was approved on November 5, 1987, and the construction existed prior to September 30, 1987. 8. It should be understood that the variance granted for the open porch/platform construction shall not be considered an extension of the principal building floor area and accordingly shall not be used in calculating the "average" of setbacks (Section 100-33) in the frontyard of existing dwellings within 300 feet on this street. 9. For the record it is noted that a previous appeal been granted concerning these premises under Appl. No. 3559 rendered October 10, 1986 for the setback of the addition at 28'9" and 32'2' along the arc in the frontyard area. has 10. In considering this appeal, the Board also finds and determines: (a) the location of the property at the end of a cul-de-sac lends to the unique circumstances herein; (b) the variance will not in turn cause a sub- stantial effect of increased population density or be adverse to the safety, health, welfare, comfort, convenience or order of the town; (c) the practical difficulties are sufficient, (d) there will be no substantial detriment to adjoining properties; (e) the relief requested is substantial; (f) in view of the manner in which the difficulties Page 3 - Appl. No. 3680 Matter of LEONARDUS VANOUDENALLEN Decision Rendered November 18, 1987 arose and considering all the above factors, the interests of justice will be served by granting the variance, as noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to GRANT a Variance for approval of the open brick construction as an entranceway (with platform, steps and planter), as applied, in the Matter of the Appli- cation of LEONARDUS AND MARIE VANOUDENALLEN under Appl. No. 3680, with the understanding that the setback of same shall not be used as the "principal building setback" in establishing the "average-setback" standards provided in Section 100-33, and that the construction remain open, unroofed, and without a temporary or permanent enclosure of any type [except by formal application and consideration by this Board]. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was duly adopted. lk NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the 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, Main Road, Southold, New York, on TUESDAY, NOVEMBER 10, 1987 at the following times: 7:30 p.m. Appl. No. 3677 - ROBERT MOHR. Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of decks attached to dwelling with insufficient rear and front yard setbacks, and Article III, Section 100-32 for approval of accessory garage structure located partly in the sideyard area. Location of Property: West Side of Wabasso Street, Southold, NY; County Tax Map Parcel No. 1000-78-3-34.2. 7:35 p.m. Appl. No. 3675 RICHARD MULLEN, JR. Variance to the Zoning Ordinance, Article VII, Section 100-71, Bulk Schedule, for permission to construct showroom addition with an insufficient frontyard setback from the north property line. Location of Property: Corner of Main Road and the East Side of Cottage Place, Southold, NY; County Tax Map Parcel No. 1000-62-3-20 and 19. 7:35 p.m. Appl. No. 3674 - RICHARD MULLEN, JR. Special Exception to the Zoning Ordinance, Article VII, Section 100-71, Bulk Schedule, for permission to construct addition for showroom use incidental to the existing car-sales business "B-l" General Business Zoning District. Location Corner of Main Road and the East Side of Cottage NY, 1000-62-3y19 and 20. use in this of Property: Place, Southold, 7:45 p.m. Appl. No. 3684 - WILLIAM AND VERA MOLCHAN. Variance to the Zoning Ordinance, Article III~ Section 100-32, for permission to locate accessory inground swimmingpool, decks, and fence enclosure in the frontyard area (in excess of 300 feet from the front property line) at premises located along the north side of Ruth Road (north of Sunset Drive), Mattituck, NY~ County Tax Map Parcel No. 1000-106-1-3. 7:50 p.m. Appl. No. 3514 GEORGE P. SCHADE. Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of the proposed insufficient lot area and width of two parcels in this pending set-off division of land located along the west side of Cedar Lane (west of Summit Road), Southold, NY; County Tax Map Parcel No. 1000-78-7-42. Page 2 Notice of Hearings Regular Meeting - November 10, Southold Town Board of Appeals 1987 7:55 p.m. Appl. No. 3673 - NICK MIHALIOS. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to locate inground swimmingpool, decks and fence enclosure with an insufficient setback from the top of bluff along the Long Island Sound. Location of Property: north side of The Strand, Lot #124, Map of Pebble Beach Farms, East Marion, NY; County Tax Map Parcel No. 1000-30-2-74. 8:O0 p.m. Appl. No. 3680 - LEONARDU~S A~N~ MAR~I~ VANOU~DENALLE~N. 'x~ Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk / i Schedule, for permission to construct addition to dwelling with (, L~ insufficient setback from the closest point of arc along the an front property line. Location of Property: North Side of Sailors ~ Lane (a private road), approximately 147 feet west of Little Peconic Bay Road, Nassau Point, Cutchogue, NY; County Tax Map ~,,.__Parcel No. 1000-111-14-7. ~ 8:05 p.m. Appl. No. 3683 GEORGE L. PENNY INC. Variance to the Zoning Ordinance, Article XI, Section lO0-119.1, for permission to erect fence in the frontyard area at a height not to exceed 6½ feet. Location of Property: North Side of Sound Avenue (or North Road), and the South Side of C.R. 48, (Middle Road), Mattituck, NY~ County Tax Map Parcel No. 1000-141-3-38.1. 8:10 p.m. Appl. No. 3682 - GEORGE L. PENNY INC./JERRY SHULMAN. Special Exception to the Zoning Ordinance, Article VIII, Section lO0-80(B) for permission to use existing storage building for warehousing and storage of lumber and building materials and supplies, in conjunction with the existing lumberyard opposite Sound Avenue. Zone District: "C-Light Industrial." Location of Property: South Side of Sound Avenue (or North Road), Matti- tuck, NY; County Tax Map Parcel No. 1000-141-3-41. 8:15 p.m. Appl. No. 3678 DAVID LaFRENIERE. Variance to the Zoning Ordinance, Article VII, Section 100-71, Bulk Schedule, for permission to construct addition to existing building with an insufficient setback from the side (westerly) property line. Location of Property: Corner of Main Road and the West Side of Peconic Lane, Peconic, NY; County Tax Map Parcel No. 1000-75-5-10. Zone District: "B-I" General Business. 8:20 p.m. Appl. No. 3671 ANDRE AND THOMAS CYBULSKI. Variance to the Zoning Ordinance, Article III, Sectio~ lO0-30(A) Page 3 - Notice of Hearings Regular Meeting November 10, 1987 Southold Town Board of Appeals for permission to utilize premises for book publishing operations, wholesale book storage, and updated 280-A approval over the existing private right-of-way Residential and Agricultural. of Depot Lane, Cutchogue, NY; 1000-96-5-1.2 and part of 1.1. for such use. Zone District: "A" Location of Property: West Side County Tax Map Parcel No. 8:35 p.m. Appl. No. 3679 - ROBERT AND DOLORES SCHISSEL. Variance for permission to construct open deck addition with an insufficient setback from nearest wetlands per Article XI, Section 100-119.2. Location of Property: 710 West Shore Drive, Reydon Shores Map, Lot 9 ana part o~ 8, $outhold, NY; County Tax Map Parcel No. 1000-80-1-46. 8:45 p.m. Appl. No. 3564 - JOHN DEMPSEY/ROBIN RAEBURN. Variances: (a) for final approval under New York Town Law, Section 280-A over the existing private right-of-way, and (b) for permission to locate proposed dwelling with an insufficient setback from top of bluff along the Long Island Sound, per Article XI, Section 100-119.2. Location of Property: Extending at the north end of a private right-of-way (traveled over lands of Bokina from the north side of Bridge Lane Extension and Oregon Road in a northerly direction) to the subject premises identified on the Suffolk County Tax Maps as District 1000, Section 73, Block 2, Lot 3.6 (prev. 3.4 and 3.5). 9:00 p.m. Appl. No. 3672. ANTHONY GAMBINO. Variance to the Zoning Ordinance, Article XI, Section 1.00-119.2 for approval of the construction of new a~elling with an insufficient setback from nearest tidal wetlands and/or ordinary hi§hwater mark along Deep Hole Creek. Location of Property: East End of Lupton Point Road, Mattituck, NY; County Tax Map Parcel No. 1000-115-11-10. The Board of Appeals will hear at said time and place all persons or representatives desiring to be heard in each of the above matters. Each hearing will not start before the time allotted. Written comments may be submitted prior to the conclusion of the subject hearing. For more informa- tion, please call 765-1809. Dated: October 26, 1987. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary FORM NO. 3 TO$¥N OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTIIOLD, N.Y. NO'I'iCE OF DISAPI'ROVA L PI,IiASE TAKE NOTICE that your application dated ........................ H~Y~ ~ .......................... ~. ,~ ............. ~~4- Cotmty 'lax Map No. 1000 Section . .-. //./ ...... Block . d~. · . Lot . .. ~. Z ...... N d)d/%'i,,i } · .Filed,Map No ................. Lot No ................. ~ ~ ......... ,. , , ............... / 9~ ~ ...... ~ "~ ..... ...... .~ ~/. ~ .~~ ................. . ............. ~.ulth n~j;mp,?c t o r FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1803 Examined ..1~. ~ . .~-.~'.., 19 .~.(q. Approved. ?..~....or-~....~.3w.., 19~.b.. Permit No.I..~.~.1.?.~.... Disapproved a/c ..................................... .................................. :' ....... .............. (Building Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS ~eceived ........... ,19.. a. This application must be completely filled in by Wpewriter or in ink and submitted to the Building Inspector, with: sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining 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 permii shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used ip 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 necessa, r~ inspections. ~..~T..~..~....c.9~..x-_9~..~\~.~ ~<~ .~.... (Sj, gnature of applicant, or name, if a corporation) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. .... ........................................................... Name of owner of premises ~C)..9...f~..[~..~....~..~..~....~...~. ?..~...~...q~-.L.5 .~. ........................... (as on the tax roll or latest deed) If apl~lica~t is a corporotion, signature of duly authorized officer. · ............ (Name ~ title of corporate officer) Builder's License No .......................... Plumber's License No ......................... Electrician's License No ....................... Other Trade's License No ...................... Location of land on which proposed work will be done.~--w~f~..L-~...~.. ~ ............................ · .~ .~..o. ................. 3-~. ~.X.~. r)~...[.c~..~ ............. c~.~. q~ < ............. ltouse Number Street llamlet ~J ...5. County Tax Map No. 1000 Section .............. Block . .~ ........... Lot .... [ .............. Subdivision ..................................... Filed Map No ............... Lot ............... (Name) State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. E use and occupancy ............. q.( .\ b.'='~nte-~ded use and occup . .... (Description) (to be paid on filing this application) , ,,l dwelling units ...... /. ........ Number of dwelling units on each floor ................ ~ of CaTS ........................................................................ · ::nercial or mixed occupancy, specify nature and extent of each type of use ..................... . :xisting structures, if any: Front ............... Rear .............. Depth ............... ......... Number of Stories ........................................................ ;nme structure with alterations or additions: Front ................. Rear .................. ................ Height ...................... Number of Stories ...................... :' '-" '.? entire new construction: Front ............... Rear t.. ~- - · ......... Number of Stories ............... Depth ............... [,:~,.- ,, z_,lnt .................................. ~,~a, .... · ..................... Rear ...................... Depth ............................ Name of Former Owner .......... Zor,,, ,,, , z .:;:rict in which premises are situated ....................... ' ........... WiJi ..,~, ' "": ~' construction violate any zoning law, ordinance or regulation: ................................ ,, ' ':.-aded ..... ~um ~.. · ...................... Will excess fill be removed from premises: Yes No Na , - of premises .................... Address . Phone No ................ ........................... Address Nm:.,. ".'.,ractor ................... Phone No ................ .......................... Address ................... Phone No ..... / .......... · Is , ' >:cperty located withinl:00 feet of a tidal wetland? * Yes ..... No ..~'~... ~ If /, ' L·-'~rhold Town Trustees Permit may be required. PLOT DIAGRAM Locate ,petty h~?i>'~7 ~ad distinctly all buildings, whether existing or proposed, and, indicate all set-back dimensions from , . , C./e street and block number or description according to deed, and show street names and indicate whether TE OF NI W 7ORK, NTY OI, S.S '~' ~ ~'~. V-f ....... ~X~ ...... being duly sworn, deposes and says that he is the applicant : named, o~ in~wdual mgnlng contract) .... x~ 0 ~ id owner ,, (Contractor, agent, corporate officer, etc.) cation; ~ ~al',[ w~e~, ~d is duly authorized to perfo~ or have perfo~ed the said work and to m~e and file this statements contained ~ this application are true to the best of his ~owledge and belief; and that the will be p,,i ruined in the m~ner set forth ~ the application filed therewith. a to bcfotx, 111¢ fha '//...; .... .... .......... ...... TOWN OF SOUTHOLD, NEW' YORK DEC,S,ON OF BU,LD,NG ,NSPE OR JllllJJ~J~ ~IJ~NG BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) ..~...~.~...~.....~..:.....~..~..~....~.... .................. of N6me of Appell~, ................... ~;;;~['~'~"~'; .......................... ~ I~ ...)~.:.~:. ......... HEREBY APPEL TO Municipali~ State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BI, JILDI,NG INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..... ..C~./r~....~J... ............................ WHEREBY THE BUILDING INSPECTOR DENIED TO .... ....................................................... Name of Applicant for permit o, ............... ............. ................ Street and Number Municipali~ State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PR~PERTY..~....~.~....~....~."~.q..~..~.....~.~..~....~.~...~.C~.~.~.~.`~...~..q.C~?.~.~. ............ ~...~..'.~... Street /Hamlet / Use District on Zoning Map Mop No, Lot No. Prior Owner 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 ~-~ Section ~0~'~ 3. .TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( 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 O {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 and was mode in Appeal No. ..... gated ............. ./._ ................................................... ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that Form ZB1 (Continue on other side) REASON FOR APPEAL Continued sary HARDSHIP because STRICT APPLICATION OF THE ORDINANCE would produce practical difficultie~or unneCe~, vicinity of this property and in this use district because The hardship created is UNIQUE and is not shored by all properties alike in the immediate CHARACTER OF THE DISTRICT because The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE ) ss .................... ~i~t~'~ .................. COUNTY OF ~4~) Sworn to this ........... Z.~.,. ........................... day of ....... ~.~:~,. ........................... 19 ~ Notary Pul~lic MARY ANN t'¥t~UL~r,. NOTARY PUBLIC :~iaik u h~, ~,:, No 52;589590~ OWN ER TOWN OF SOUTHOLD PROPERTY ISTREET J VILLAGE FORMER OWNER L I ~?~ ~ s~s. VL. N /4. p. FARM RECORD CARD DIST.] SUB. LOT TYPE OF BUILDING COMM. CB. MiCS. Mkt. Value .f ,:..--~' LAND IMP. NEW FARM Tillable Woodland Meadowlond House Plot Total' TOTAL ~ DATE AGE BUILDING CONDITION NORMAL Acre BELOW ABOVE Value Per Volue Acre FRONTAGE ON WATER BULKHEAD DOCK M..B ldgz/~'~ Exte~gn 2 Porch Breezeway Garage Patio COLOR TRIM Total /, Foundation ~ Bath = ~_ Dinette Basement -~, ~- Floors Ext. WalEs ,,/:' ~,/ Fire Place Type Roof Interior Finish Heat /- ~- _ '~ tDR' Reams 1st Floor BR. Rooms 2nd Floor FIN. B Recreation Room Dqrmer Driveway 'OUNDATION (1st) 'OUNDATION (2nd) tOUGH FRAME & PLUMBING iNSULATION PER N. Y. STATE ENERGY CODE ADDITIONAL COMMENTS FI~AL DEPARTMENT OF PLANNING COUNTY OF SUFFOLK M~CHAEL A. LOGRANDE SUFFOLK COUNTY EXECUTIVE 360-5206 LEE E. KOPPELMAN DIRECTOR OF PLANNING December 31, 1987 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) Leonardus Van Oudenallen 3680 Very truly yours, Lee E. Koppelman Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner Southold Town Board of Appeals MAIN Er'lAD- STATE EDAD 25 SDUTHDLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIOONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI 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: ×× Variance from the Zoning Code, ArticleIZi , Sectionlo0_3l' BuZk Schedule Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.:3680 Applicant: Leonardus Van Oudenalle~ Location of Affected Land: Sailors Lane, Pvt. Rd.), Cutchogue, NY County Tax Map Item No.: 1000- 111-14-7 Within 500 feet of: Town or Village Boundary Line XX Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area Lan or 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, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to construct addition to dwellin~ with an insufficient setban~ frnm fh~ ~'~osest ~oint of arc along front property line. Copies of Town file and related documen[s enclosed for your review. Dated: December 29, 1987 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SDUTHOLD, L.I., N.Y. llg?l TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWiCKI December 24, 1987 Mr. Gerry L. Horton Horton Construction Co. Kirkup Lane Mattituck, NY 11952 Re: Appl. No. 3680 - Leonardus VanOudenallen (Variance) Dear Gerry: Transmitted herewith for your file and perusal is a copy of the official findings and determination recently rendered by the Board of Appeals, the original of which has this date been filed with the Office of the Town Clerk. Please be sure to issuance of any permits be applicable. return to or other the Building Department for approvals in writing as may Please do not hesitate to call either our office (765-1809) or that of the Building Inspector (765-1802) if you have any questions. Yours very truly, Enclosure Copy of Decision to: Building Department Suffolk County Planning Commission GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski TRANSCRIPT.OF HEARING SOUTHOLD ?OWN BOARD OF APPEALS R'EGULAR MEETING OF TUESDAY, NOVEMBER 10, 1987 Appl.-N0.. 3680 App]icant(s): Leonardus and Marie Vanoudenallen Location of Property: N/s Sailors Lane (private road) Nassau Point, .County Tax. Map ID No. 1000, lll G 14 - 7 Cutchogue. Board Members present were: Chairman G0ehringer P. G0ehringer, Members: Grigonis, Douglass, Doyen and Sawicki. Absent was: (None) Also present were: Victor Lessard (Building Dept.). Linda Kowalski, Z.B.A. Secretary, and approximately 20 persons in the audience. The Chairman opened the hearing at 7:55 o'clock p.m. and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a cqpy of a map amended Septeraber 16, 1986 indicatin~the proposed add£~ion which is now an actual addi- tion to the west side of the property approximately and at it's closest point to Sailor's Lane and we have 32.2 feet and to the arc of the cul-de-sac we have 28.9'feet. And I.have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Would you like to be..heard Mr. Horton? MR. HORTON: Yes. My name is Jerry Horton. And unfortunately/ my brother is off to dinner with his son tonight and he asked me to come down. I really would answer any questions you would have. When we did this (Gerry) bhe existing porch, as you can see on that survey, was out where this one l~ow is. Unfortunate for my brother but it came out with a platform and then went down three s~eps, came out with another platform and then proceeded down. And what they did with .the architect's plan, .he had this large platform and came down the s'ame number of steps but to. a larger platform. But in essence, th.e po~ch isn't out any further than it was before ex- cept we have a larger platform. And really, I would just answer any questions..th~t you have. CHAIRMAN GOEHRtiNG~R: Well, it's already built. And to be perfectly honest with you, I don't think the cul-de-sac is as large as it ap- pears to be. MR. HORTON: NO. The house looks beautiful. It appears far back from the road. ~ut evidently, town property does go way up on his law, and everything else. CHAIRMAN GOEHRINGER: I personally have no objection to it but we ~ill see what develoPs through the hearing. I thank you. Public Hearing - ~ardus and Marie Vanouden en Southold Z~B.A. MR. HORTON: Ok. Thank you very much. CHAIRMAN GOEHRINGER: Is there anybody else who would, like to speak in favor of the application? Anybody like to speak against the ap- plication? Any questions from Board members? Hearing no further questions, I'll make a motion closing the hearing, reserving deci- sion until later. Thank you very much. Ail in favor - AYE. "I',,,IA %'SA lu t NOTICE OF HEARINGS NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of the T~wn Law and the Code of the '[bwn of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall, Main Road, Southold, NY on TUESDAY, NOVEMBER l0t 1987 at the following times: 7:30 p.m. Appl. No. 3677- ROBERT MOHR. Variances to the Zoning Ordinance, Article Ill, Section 100-31 Bulk Schedule, for approval of decks attached to dwelling with insuf- ficient rear and front yard set- backs, and Article 111, Section 100-32 for approval of accessory garage structure located partly in the sideyard area· Location of Property: West Side of Wabasso Stree[, Southold, NY; County Tax Map Parcel No. 1000-78-3-34.2. 7:35 p.m. Appl. No. 3675- RICHARD MULLEN. JR. Variance to the Zoning Or- dinance, Article V/I, Section 100-71, Bulk Schedule, for per- mission to construct showroom addition with an insufficient frontyard setback from the north property line. Location og Prnp~rty: Correct of M.a!~ and the East Side of Cottage, Place, Southold, NY; County Tax Map Parcel No. 1000-62-3-20 and 19. 7:35 p.m. AppL No. 3674- RICHARD MULLEN, JR. Special Exception to the Zoning Ordinance, Article VII, Section 100-71, Bulk Schedule, for per- mission to construct addition for showroom use incidental to the existing car-sales business use in this "B-l!' General Business Zoning District. Loca- tion of Property: Corner of Main Road and East Side of Cottage Place, Southold, NY, 1000-62-3-19 and 20. 7:45 p.m. Appl. No. 3684- WILLIAM AND VERA ~4OLCHAN. Variance to the Zoning Ordinance, Article 111, Section 100-32, for permission to locate accessory inground swimming pool, decks, and fence enclosure in the fromyard area (in excess of 300 feet from the front property line) al premises located along die north side Gl Rmh Road 0mrth of Sunset Drive), Mall/tuck, NY Coil/ltV Tax Map Parcel No. 7!50 ~l~['. ApPl. NO. 3514- GEORGE p. SCHADF. V ' armnces to the Zoning Or- dinance, Article Itl, S~ction 100-31, Bulk Schedule, for ap- proval of the proposed insuffi- cient lot area and width of two parcels in this pending set-off division of land located along t~ west side of Cedar ~ne (west of Summit Road), ~uthold, NY; County T~ Map P~el No. 1~-78-7-42. 7:55 p.m. ~p[. No. 3673- _~CK MIHA~OS. Variance to the ~ning Ordinance, A~icle XI, Section 1~-119.2 for per- mission to locate inground swimming pool, decks and fence enclosure with an insufficient setback from the top of bluff along the ~ng Istand Sound. ~cation of Pro~rty: north side of The Strand, ~t No. 124, Map of ~bble Beach Farms, East Marion, NY; County Tax Map ~rcel No. 1~3~2-74. ~ 8~ p.m. Appl No. 3680-~ LEONARDUS AND MARIE~ VA~O~DENALLEN. Variance} to the ~niug Ordinanc~ Arti-J cie Ill, Section 1~-31, Bulk/ Sch~ul~ for ~mi~i~ to mn- struct addtion to dwelling with ~ an insufficient setback from the [ struct addition to dwelling with an insuffici~t setback from the closet ~int of arc abng the front property line. L~ation of Pro~rty: North Side of Sailors Lane (a private road), approx- imately 147 f~t w~t of Little Peconic Bay Road, Nassau point, Cutchogue, NY, Coun- ty Tax Map Parcel No. 1~-111-14-7. ~:~ p.m. Appl. No; 3~ G~RG~ L. PENNY INC. Varian~ to the Zoning Or- dinance, Article XI, Section 1~119.1, for permission to erect fence in tbe frontyard area at a height not ro ~ce~ 6~ feet. Location of Property: North Side of Sound Avenue (or North Road), and the South Side of C. R. 48, {Middle RoadL Mattituck, NY; County Tax Map Parcel No. 1~-141-3-38.1. ' 8:10 p.m. A~I.' 3~m,3682- GEORGE . ~NNY iNC./JERRY SHU~'~AN. Special Exception to the Zoning Ordinance, Article VIII, Section 100-80(B) for permission to use existing storage building for warehousing and storage of lumber and building materials and supplies, in conjunction with the existing lumberyard op- posite Sound Avenue. Zone Distric~t: ',~,¢3L ght ,~]?le.uust~'i~!:' ,, S de hf S6~fi~f A;;&h~e' e3?!N6rtfi7 ' Road), Mattituck,'NY: Couatg 'Ihx Map Parcel No. 1000-141-3-41. 8:15 p.m. App[. No. 3678- DAVID LaFRENIERE. Variance to the Zoning Or- dinance, Article VII, Section 100-71, Bulk Schedule, for per- mission to construct addition to existing building with an insuf- ficient setback from the side (westerly) property line. Loca- tion of Property: Corner of Main Road and the West Side of Peconic Lane, Peconic, NY: County Tax Map Parcel No. 1000-75-5-10. Zone District: !'B-I" General Business. 8:20 p.m. AppL No. 3671- ANDRE ArID THOMAS CYBULSKIr Variance to the Zoning Ordinance, Article Ill, Section 100-30(A) for permis- sion to utilize premises for book publishing operations, wholesale 280-A approval over the existing private right-of-way for such use. Zone District: "A" Residen- tial and Agricultural. Location of Property: West Side of Depot Lane, Cutchogue, NY; Coua6~ Tax Map Parcel No. 1000-96-5-1.2 and part of I.I. 8:35 p.m. Appl. No. 3679- ROBERT AND DOLORES .SCHISSEL. VurJance for per- mission to construct open deck addition with ;tn insufficient set- back from nearest wetlands per Article XI, Section 100-119.2. Location of Property: 710 West Shore Drive, Reydon Shores Map, Lot 9 and part of 8, Southold, NY; County Tax Map Parcel No. 1000-80-1-46. 8:45 p.m. Appl No. 3564- JOHN DEMPSEY/ROBIN RAEBURN. Variances: (a) for final approval under New York Town Law, Section 250-A over the existing private right-of-way, and (b) for permission to locate proposed dwelling with an in- sufficient setback from top of bluff along the Long Island Sound, per Article XI, Section 100-119.2. Location of Property: Extending al the north end ora private right-of-way (travel~l over lands of Bokina from the north side cfi Bridge Lane tension and Oregon Road ,in a northerly direetioi.0 to the sub- ject premises idgntified on the Suffolk County lPax Maps as District 1000, Section 73, Block 2, Lot 3.6 (prev. 314 and 3·5). 9:00 p,m. Appl. No. 3672-- ANTHONY GAMBiNo. dinance, Article XI, Section 10~%ii9.2 i'or approval oi the construction of new dwelling with an insufficient setback from nearest tidal wetlands and/or ordinary highwater mark along Deep Hole Creek. Loca- tion of Property: East End of l-upton Point Road, Mattituck, NY: Co, my Tax Map Parcel No. 1000-115-II-10. The Board of Appeals will hear at said time and place all persons or representatives desir- ing to be h~eard.in each of the above matters. EaCh hearing will not start before $fie time allot- ted. Written comments may be submitted prior to the conclu- sion of the subject hearing. For more information, please call 765-1809. Dated: October 26, 1987 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary 1T-10/29/87(30) COUNTY OF SUFFOLK 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 ...................... ~... weeks successively, commencing on the .......... .~..~'...'~. ..... Sworn to before me this ..................... day of ...... .... Notary Public BARBARA FORBES Notsry Public, State of New York No. 480/~46 Qualified in Suff21k County Commission ExpiresZX~ .~/ 19d'o~ ~alle ~l~The Suffolk Times/October 29, t987 Legal Notices NOTICE OF .I~,ARINGS NOTICE [~' HEREBY GIVEN, pursuant t~ Section 267 of the Town Law and the Code of the Town of Southold, the follow- lng heari~[~_~ilJ_be held by the OF APP~t a Regular Mee~g at ~mthold Town Ha~in ~ ~ hold, New Yo~P' o~~'~ TUESDAY, NOVEMbeR 1~, 19~/ at the following ti.m~ ..~.. 7'~0 ~. No. 3677 - ~ Variances to he '~t~lfli~mce~, Article ~t~i~S with insuf- idl~j~.~.' t yard set- ~suval of accessory n th~ sid~l a~. Lo~tion of Property:i~/est Si6e of Wabasso Street, Southold, NY; County Tax M~p Parcel blo. 1000-78-3- 34.2. 7:35 p.m. Appl. bio. 3675 - e VII, Section 100- 71, B~k Schedule, for peFmis- sion to a)nstruct 8howrsum addi- tion with an insufficient fran- tysrd se*h,b f~m the north psoi~ty line. Location of Prop- e~. CoFneF of Msia Road aid t~e Emit ~/de of Cottage Place, SSU~oM, NY; County Tax Map Pm~l No 10{N)-62-3-20 and 19 ?'25 p~ Al~d. No. ~674 - Ordinance, Article VII, Section 100-71, Bulk Schedule, for per- mission to construct addition for showroom use incidental to the existing car-sales busin~s~ line in this "B-i" General Business Zoning District. Locatiofl' "of Property: Corner of Main Read and the East Side of Cottage Place, Soutbeld, NY, 100062-3- 19 and 20. 7:45 p.m. AppL No. 3684 - WILLIAM AND VERA MOL- CHAN. Variance to the Zoning Ordinance, Article HI, Section 100-32; for permission to locate accessory ingreund swim- mingpool, decks, and fence en- closure in the frontyard area (in excess of 300 feet from the front property line) at premises 1o- cated along the north side of Ruth Road (north of Sunset Drive), Mattituck, NY, Cotmty Tax Map Parcel No. 1000-106-1- 3. 7:50 p.m. Appl. No. 3514 - GEORGE P. SCHADE. Vari- ances to the Zoning Ordinance, Article IH, Section 100-31, Bulk Schedule, for approval of the prope~d insufficient lot area and width of two parcels in this pending set-off division of land located along the west side of Cedar Lane (west of Summit Road), Southold, NY; County Tax Map Parcel No. 1000-78-7- 42. 7:55 p.m, Appl. No. 3673 - NICK MIHALIOB. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for perm/s- sion to locate inground swim- mingpool, decks aid fonce enclo- sure with an insuffcient setback from the top of bluff along the Long Island Sound. Location of Property: north side of The Strand, Lot ~124, Map of Pebble Beach Farms, East Marion, NY; County Tax Map parcel No. 1000-30-2-74. 8:00 p.m. Appl. No. 3680 fl.~ONARDUS AND MARIE V~O~rOEbiALL~.~. ance (o the Zoning Ordinance, Article IH, Section 100-31, Bulk ~x Schedule, for permission to con- / struct addition to dwelling with an insufficient setback from the closest point of arc along front property line. Location of Property: North Side of Sailors Lane (a private road), approxi- mately 147 feet west of Little Peconic Bay Read, Nassau Point, Cutchogue, NY, County ,Tax Map Parcel No. 1000-111- 14-7. ~ 8:05 p.m. AppL No. 3683~- GEORGE L. PENNY INC. Variance to the Zoning Ordi- nance, Article XI, Section 100- I19.1, for permiSSion to erect fence in the frontyard area at a height not to exceed 6~,i feet. Lo- cation of Property: North Side of Sound Avenue (or North Road), and the South Side of C.R. 48, (Middle Road), Mattituck, NY, County Tax Map Parcel No. 1000-141-3-38.1. 8:10 p.m. Appl. No. 3682 - GEORGE L. PENNY INCJ J~RRY $~. Special Exception to the Zoning Ordi- nance, Article VIII, S~ction 100- 80(B) for permission te use exist- ing storage building for wareh- ousing and storage of lumber and building materials and supplies, in conjunction with the existing lumberyard oppe~ite Sound Avenue. Zone District: ~C-Light lndnstrial.~ Location of Property: South Side of Sound Avenue (or North Road), Mat- tituck, NY; County Tax Map Parcel No. 1000-141-3-41. 8:15 p.m. Appl. No. 3678 - DAVID I~FRENIER~. Vnri- ance to the Zoning Ordinance, Article VII, Section 100-71, Bulk Schedule, for permission to con- struct addition to existing build- lng with an insufficient setback from the side (westerly) property line. Location of Property: Corner of Main Road and the West Side of Peconic Lane, Peconic, NY; County Tax Map Parcel No. 1000-75-5-10. Zone District: "B-i" General Busi- 8:20 p.m. Appl. No. 3671 CYBULSKI. Variance to the Zoning Ordinance, Articl~ IH, Section 100-30(A) for permission to utilize premises for book pub- lishing operations, ~'holesale book storage, and updated 280-A approval over the existing pri- vate right-of-way for such use. Zone District: "A~ Residential and Agricultural. Location of Property: West Side of Depot L~ne, Cutchogue, NY; County Tax Map Parcel No. 1000-96-5- 1.2 and part of 1.I. 8:35 p.m. Appl. No. 3679 - ROBERT AND DOLORES ~C~I~EL. Variance for per- mission to censtruct open deck addition with an insufficient net- back from nearest wetlands per Article XI, Section 100-119.2. Location of Property: 710 West Shore Drive, Reydon Shore~ Map, Lot 9 and part of S, South- old, NY; County Tax Map Parcel No. 1000~0-1~6. 8:45 p.m, Appl. No. 3564 JOHN DEMPSEY/ROBIN ~.~.EBU~N. Variances: (a) for final al~wOVal under blew York Town Law, Section 280-A over the existing private right-of- way, and Co) for permission to cate proposed dwelling with an insuffirient setback f~om top of bluff along the Long Island Sound, per Arliele XI, Section 100-119.2. Location of Proper{y: Extending at the north end of a private right-of-way (traveled over lands of Rekina from the north side of Bridge Lane Exten- sion and Oregon Road in a northerly direction) to the sub- ject premises identified on the Suffolk County Tax Maps as Dis- trict 1000, Section 73, Block 2, Lot 3.6 (prev. 3.4 and 3.5), 9:00 p.m, Appl. bio. 3672 - ANTHONY GAMB1NO. Vari. ance to the Zoning Ordinance, Article XI, Section 100-119.2 for approval of the construction of new dwelling with an insufficient setback from nearest tidal wet- lands and/or ordinary highwater mark along Deep Hole Creek. Location of Property: East End of Luptan Point Road, Mat- tituck, NY; County Tax Map Parcel No. 1000-115-11-10. The Board of Appeals will hear at said time and place all persons or representatives desir- in~ to be heard in ~ach of the above matters. ~ hearing will not start before the time al- lotted. Written cerements may be submitted prior to the conclu- sion of the subject hearing. For more taforma~on, please call 765-1809. Dated: October 26, 1987. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHIHNGER, CHAHOiAN Linda Kowalski, Board Sc~etary 5756-1T029 APPEALS 8OARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR.. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SDUTHDLD, l.l., N.Y. 11¢J71 TELEPHONE (516) 765-1809 TO WHOM IT MAY CONCERN: Enclosed of the public a copy of the Watchman, Inc. herewith as confirmation of the time and date hearing concerning your recent application is Legal Notice as published in the L.I. Traveler- and Suffolk Weekly Times, Inc. Someone should appear in your behalf during the public hearing in the event there are questions from board members or persons in the audience. Please be assured that your public hearing will not start before the time allotted in the Legal Notice. If you have any questions, please feel free to call our office, 765-1809. Yours very tr,ulv_,~ ~ G~RA~D P. GOEHR~'NGER J CHAIRMAN Linda Kowal ski Secretary and Board Clerk Enclosure Page 4 Notice of Hearings Southold Town Board of Appeals Tuesday,~November 10, 1987 Copies to the following on or about 10/27/87: Mr. and Mrs. Robert Mohr, 37 Mt. McKinley Ave~ Farmingvill~, NY Mr. and Mrs. Donald Lubov, 1275 Nakomis Road, Southold, NY 11971 Mr. and Mrs. Kerry Ellis, 33-51 60th Pl., Woodside, NY 11377 Mr. and Mrs. Michael Tisbo, Minnehaha Blvd, Southold, NY 11971 11738 Mr. John Bertani, 1380 Oakwood Drive, Southold, NY 11971 (for Mullen Motor[ Mr. and Mrs. William Molchan, Box 1197, Mattituck, NY 11952 Mr. Henry E. Raynor (Agent for George P. Schade), P.O. Drawer A, Jamesport, NY 11947 Mr. Nick Mihalios, 23-50 31st St, Astoria, NY lll05 Mr. Gerry Horton (Builder for L. VanOudenallen), Box ~08, Mattituck 11952 Charles R. Cuddy, Esq. (Attorney for Penny Lumber) 180 Old Country Road, Box 1547, Riverhead, NY 11901 J. Kevin McLaughlin, Esq. (Attorney for D. LaFreniere) 828 Front Street, Box 803, Greenport, NY 11944 Abigail A. Wickham, Esq. (Attorney for A. Cybulski) Main Road, Box ~424, Mattituck, NY 11952 Mr. John Bertani, 1380 Oakwood Drive, Southold, NY 11971 (for R. Schissel) Rudolph H. Bruer, Esq., (Attorney for J. Dempsey), Main Road, Southold 119~ Philip J. Cardinale, Esq. (Attorney for T. Bokina), Jamesport Center, Jamesport, NY 11947 Mr. Ted Bokina, Pinewood Road, Cutchogue, NY 11935 Stephen R. Angel, Esq., 108 East Main St., Box 279, Riverhead, NY llgO1 (Attorney for M. Murphy) Eric J. Bressler, Esq. (Attorney for A. Gambino) Main Road, Box 1424, Mattituck, NY 11952 Mr. Anthony Gambino, 850 Deep Hole Drive, Mattituck, NY Mr. and Mrs. Joseph A. Esquirol, Jr. 1350 Lupton Point Road, Mattituck, NY 11952 11952 Suffolk Times, Inc. L.I. Traveler-Watchman, Inc. Personal Delivery Posted on Town Rall Bulletin Board, Z.B.A. Bulletin Board. Copies to Building Department, Planning Department~ and Town Board Members 10/27/87. Copies to ZBA Members with copies of files 10/28/B7 (in person). Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS November 10, 1987 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGON IS, JR. S · E . Q . R . A . SERGE DOYEN, .IR. ROBERTJ. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION .IOSEPHH. SAW~CKI Notice of Determination of Non-Significance APPEAL NO.: 3680 PROJECT NAME: LEONARDUS AND MARIE VANOUDENALLEN 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. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Permission to construct addition to dwell- ing with an ~nsufficient setback from the closest point of arc along the front property line LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as:N/s Sailors Lane, ~utchogue~ NY 1000-111-14-7 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short, form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The relief requested is a setback variance as regulated by Section 617.13, 6 NYCRR, SEQRA FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowals~i, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. mc IUDITH T. TERRY TOWN CLERK OFFICE OF THE TOWN CLERK TOWN OF $OUTHOLD October 8, 1987 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 TO: Southold Town Zoning Board of Appeals FROM: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3680 , application of Gerry L. Horton for a variance. Also included in 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; survey of property; and any other attachments relative to this application. Judith T. Terry Southold Town Clerk HORTON CONSTRUCTION CO. INC. CONTRACTORS & BUILDERS P.O. BOX 1442 MATTITUCK, N.Y. 11952 PHONE (516) 298-5531 October l, lq87 To ihom at may concern: I Leonardus Van Ouden Allen do hereby authorize Gerry L. Horton to act as my agent in obtaining a variance for house at 230 Sailors Lane, Cutchogue, NY the front porch on my BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter ol the Petition of : to the Board of Appea}s of the Town of Southold : TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1, That it is the intention of th: ~dersigned to petition the Board of Appeals of the Town of Southold torequesta V(V(V~rj~Oce) (Special Excep,inn) (Special Permit) (Other) [circle choice] ). 2. That the property which is the subject of tl~e Petition is located adjacent to your property andis des- cribed as follows: 3. That the property ~,bich is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the follov, ing lelic[: ,~;~}~-~v~ ~ $. That the provisions o_...f the Southold lown Zoning Cocle applicable [o tile relic[ sought by the under- signed are Article ~_ Sect/on ~%O __~ ~ ~ [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-wa~. 6. That within five days from tile date hereof, a written Petition requesting Ibc lc[icl 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. {5~6) 765-~809. 7. That before the relief sought may be granted, a public bearing must be held on the matter by the Board of Appeals; that a notice nf such bearing 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 beard at such hearing. Petitioner 0wne rs' Name s: Pos~Office Address r STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: / , being duly sworn, deposes and says that on the qJrlb,, day of (~)c'.-~,,/ , 19 ~;~1-{ , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- rice at . (~--~ (certified) (re--ail. Sworn tq(~efore me this ~'~/~- day of .,~-~ c'.4.~.,cc~ , / Notary Public ; that said Notices were mailed to each of said persons by MARY ANN CYBULSK~ NOTARY PUBLIC State 0f New Rellflmg m Suffolk Count~ No 52-5895100 [orm transm] Cted t:o adjoining (This side does not have to be completed on property owners.) .INSI~UCTIONS~ {a} ~n order to onowor tho quastion~) in thio :)hart ~AF' ~ 1~ a~num~d that tho [ro~aror w~ll u~ currm~tl7 avallablo lnfomn~tio~ concorning tho project and tho ~o~y ~pact~ o~ tho act~o~, ~ ~o ~ot uxp(~ctcd that add~t~or)~tl c~ otho~ %nvostigation3 w~l be tmdortakon. (b) If any question baa boon answor(~d Y,~r~ the proJec~ cc6.plotod Envlro~ental Am~ossmont Fo~ tn m~ccu~a~7. (c) If all quo~tion~ have been answered No It ls likely W~i project ro~ Ina lar'go phFn[cal c)umgo to the project site or phymtcally niter more than 10 acrcn of land? . . . , . . . . · . Will thoro bo a ~Jor change to any ,mlquo ob unuuu~l land fo~ found on tho site? · ' W~I project alter or have a let;lo effect on an oxi~ln~ body of water? · . . . . * · .. . &. W~! project have a potentially largo lmpacb on ~. W~i pro~cc~ ~l~lflcantly. offuct ~ra~na~o 6, Will project affect any t~oa~,m~,~ o)' endanEcrod -plant or anL%ll species? , . , ..... 7. W~i proJoc~ reset in a ~?ajcr ~dv(~r,.~. o~'[9:ct aa W~i proJec~ haw 'a ~mjor effect ca vl~)unl knmm to bo L~portant to oho COmmunity? 9, Will proJac~ advars~li impact ~m7 sit. or ufo Of h~ori~ pro~ht~toric, oF lmloontologlc~[ Importance o~ a~y site designated a:; n critical onvlronmoa~l urea b~ a local aFulcy? , · , ~ Yet; .---- Ho 10. W~i project have a ~Jo~- ~ffoc% on ~xlug~g or future recreational opportmnitiou? · · · Will project,result' in re%Jar traffic problem:) 12. Will ~ro3oc~ rog%~arly cau[:o ~bJectiunable nols~, glare, vibrat~cn, or clectrical 1), Will project have any impact on punic health or 1L. WIll project ~,ffoct tho oxlotI~u: ('em.,,mzty h7 tiaa cf morn than ~ porc(:nt o'/er a ~.~_ES'IONhAfRE TO BE COMPLETED AND SUBMITTED NITH YOUR APPLICATIO~ FORMS TO Tile B-O~'-RD 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 (~ Z.al 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.) *b) Are there any areas open to a waterway without bulkhead? 2. Are there existing structures at or below ground level such as patios, foundations, etc? ' 4. Are there any existing or proposed fences, concrete barriers, decks, etc? 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. 6. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground 1--~-~-~17 State total: ft. 7. Are there other premises under your ownership abutting this parcel? If.yes, please submit copy of deed. 8. Are there any building permits pending on this parcel (or abutting land under your ownership,-if any)? State Permit # and Nature: Yes Yes Yes (~ 11. 12: 13. Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning. Board Town Board Town Trustees County Health Department Village' Of Greenport ~- N.¥.S.D.E.C. Other Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale.(from contract). Is new construction proposed in the area of contours at 5 feet or less as exists? ~- · 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 requ!rements of Ch. 97 of the Town Code? Please list present use or operations ~onducted upon the subject prpperty at this time v'-F~'.~s~c~_. Yes ~ Yes Yes Yes Yes Yes Yes Yes ~ Yes for and proposed *Please submit photograpl~s For the record. I rCertify that the above s~zktc~ents are true and are being submitted § 97~13 WETLANDS § 97-13 TO%VN -- Tho Town of Soutbold. TRUSTEES __ Tho Bonrd of Trustees of the Town of Southold. [Added 6-5-84 by L.L. No. 6-19841 WETLANDS [Amended 8-26-76 by L.L. No. 2-]976; a-20- 85 by L.L. No. 6-1985]: A. TIDAL WETLANDS: (I) All lands generally covered or ;ntermittently cov- ered witb, or which border on, tidal waters, or'lands lying beneath tidal waters, which at mean Iow title are covered by tidal waters to a maximum depth of five ([) feet, including but. not limited to banks, bogs. salt marsh, Swamps, meadows, flats or other low lying lands subject to tidal action; (2) All banks, bogs. meadows, fiats aml tklal 'marsh : subject to such tides and uI~on which l.'rows or may grow some or any. of the following: salt hay, black grass, saltworts, sea lavender, toll cerd~rass, h{gh bush, cattails, greundsel, marshmallow and low march cordgrass; and/or (3) All land immediately adjacent to a tidal wetland as defined iu ubsection A(_)and lying w/thin seven- fy-five (75) feet hmdw:trd of tile m*,:~t landward edge of such a tidal wetbmd. FRES/IWATEI~. \VETL,\N DS: (1) "Freshwater wetlands" :ts defined irt Article 2.1. Ti- tle 1, § 2-1-0107, Subdivisions l(a) to l(d) inclusive, of the Environmenud Conservation Law of the State of New York; and (2) All land immediately adj'acent to afl cshwater wet- !an t," as defined m Su ~section B(1)/tnt] lying with. in seventy-five (75) feet landward of the most land- wnrd edge of a "h eshw itel. wetlaod." 9705