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Home My WebLink About4482APPEALS BOARD MEMBERS Gerard E Goehringer, Chairman Serge Doyen James Dinizio, Jr. r Lydia A. Tortora Maureen C. Ostermann o��gUFFO(�-coG W 2 W • BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION ADOPTED AT REGULAR MEETING OF JUNE 19, 1997 Appl. No. 4482 - CHURCH OF GOD IN CHRIST (Jefferson Temple) PARCEL 1000-101-1-10 STREET & LOCALITY: 15625 C.R. 48, Cutchogue DATE OF PUBLIC HEARING: June 19, 1997 FINDINGS (PROPERTY FACTS): DESCRIPTION: This property is located in an A -C Agricultural - Conservation Zone District, being situate on the north side of County Road 48, Cutchogue, with 115.10 ft. road frontage. This lot contains a total area of approximately 44,657 sq. ft. as depicted on the copy of survey map dated May 21, 1982 under this application and which map shows an existing concrete block building and separate one-story frame church building. BASIS OF APPEAL: Building Inspector's Action of Disapproval dated April 30, 1997 for the reason that new ground sign is in excess of the current size requirements of Article XX, Section 100-205. AREA VARIANCE RELIEF REQUESTED BY APPLICANT: To allow a five -ft. high by ten -ft. wide, 50 sq. ft. sign which will replace the existing sign. The new sign is proposed to be lighted and double-faced. The height above ground is proposed at eight feet from ground to the top of the sign. REASONS FOR BOARD ACTION, DESCRIBED BELOW: The existing sign for the church is presently a size exceeding 24 sq. ft. (dimensions are approx. 43"W x 611111). The nonconforming sign has existed for many years. (1) The granting of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because the nonconformity of the new sign is similar to the nonconformity of the existing sign, which would be removed. (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because a smaller sign would not provide the visibility needed for traveling parishioners. Page 2 - June 19, 1997 Appl. #4482: 1000-101-1-10 (Church of God) Southold Town Board of Appeals (3) The requested area variance is not substantial in relation to the existing nonconformity. (4) The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because this sign replaces the existing sign in design and content; (5) The situation has been self-created. (6) This action is the minimum that the Board deems necessary and adequate and at the same time preserves and protects the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to GRANT the relief as applied for and SUBJECT TO THE FOLLOWING CONDITION: The set back from the front property line shall not be closer than 20 feet. VOTE OF THE BOARD: AYES: MEMBERS DOYEN, GOEHRINGER, and DINIZIO. NAYS: MEMBERS TORTORA and C�5 RMANN._Th� so tion was duly adopted (3-2). �� Actions. 97/101-1-10 GERARD P. GOEHRINGER, C RESOLUTION ADOPTED 6/19 RECEIVED AND FILED BY THE SOUT11OLD TOWN CLERK DATE�,/gt�Q, HOUR A!06 A, r JEFFERSON'S TEMPLE CHURCH OF GOD IN CHRIST ROUTE -48, P.O. Box 438 CUTCHOGUE, NEW YORK 11935 Pastor: Eugene Jefferson 0 66 ` k/ 10) -38 (home August 13, 1997 Town of Southold Zoning Board of Appeals 53095 Main Road Southold, New York 11971 AUG 1419971 SUBJECT: Variance for Church sign Dear Board of Appeals: (516) 734-5498 (church) 4g'27- I - I am requesting that the case for Jefferson's Temple Church of God In Christ, Appeal # 4482 be reopened for a new hearing based upon the measurements for the Church sign. The measurements were arrived by measuring from Route 48 Highway to the sign. This was the determining factor based upon the property line. Therefore, we are asking that you reopen this case from June 19, 1997 to seek other means of solving this situation. Thank you for your time in this matter. Respectfully yours, Mr. Ernest Stilley Chairman of the Board C.O.G.I.C. Cc: church file 1 1319 �(`' COUNTY OF SUFFOLK 1097 JUL 2 ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING June 27, 1997 Town of Southold Zoning Board of Appeals STEPHEN M. JONES, A.I.C.P. DIRECTOR OF PLANNING Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county -wide or inter -community impact(s). A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Fischetti, Mary church of God in Christ Homan Realty/Feiler, Donald & Patricia Pearlstein, Lawrence GGN:cc C:IWP WIN601WPDOCSIZONINGIWORKINGILDSIJUNEISD4475.JUN 4475 4482 4487 -SE 4488 Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner 220 RABRO DRIVE ■ P.O. BOX 6100 2 HAUPPAUGE, LONG ISLAND, NY 11788-0044 a 516) 853-5140 a FAX (516) 853-4044 APPEALS BOARD MEMBERS Gerard P Goehringer, Chairman Serge Doyen James Dinizio, Jr. R iXX.XW0X Lydia A. Tortora Maureen C. Ostermann BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Purs aant to Article = of the Suffolk County AZmLv its t-- ati4 e Code, The Board of Appeals of the Tcrwn of Southold, New York, heresy refers the following to the Suffolk Count77 Plarring Ccmiission: XX Variance from the Zoning Code, Article XX Section 100-205 Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No: 4482 Applicant: Church of God in Christ Location of Affected Land: 15625 C.R. 48, Cutchogue, NY County Tax Map Item No.: 1000- 101-1-10 Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) XX State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area . Existing or Proposed Right -of -Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of an Airport Comments: Applicant is requesting permission.to locate a new ground sign in excess of the size requirement ��oies of Town file and related documents enclosea for your review. Dated: Ju,.�t ��, /?,17 r, APPEALS BOARD MEMBERS Gerard R Goehringer. Chairman Serge Doyen James Dinizio, Jr. Lydia A. Tortora Maureen C. Ostermann dol ��o BOARD OF APPEALS TOWN OF SOUTHOLD June 23, 1997 Mr. Ernest Stilley Church of God in Christ Greenport, NY 11944 Re: New Sign ( Variance ) Dear Mr. S tilley : Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Enclosed please find a copy of the Board's determination rendered June 19, 1997. An extra copy is enclosed for the Building Department's file and permanent records. Please be sure to call the Building Inspectors' Office at 765-1802 to re -activate your building permit application since it may be in a separate area being held in abeyance for this variance. You must received your building permit from the Building Inspector (and any other agency having jurisdiction) before placing the new sign. Should you have any questions, please call either our office at 765-1809, or the Building Department at 765-1802. Very truly yours, Linda Kowalski MaryAnn Cybulski Enclosure Copies of Decision to: Building Department (pending sign permit application) BOARD OF APPEALS:TOWN OF SOUTHOLD -----------------------------------x In the Matter of the Application of /� �, u ,C, •,f C,) o Cl � ►1 Cx ri`S (Name of Applicants) ------------------------------------x DU JUN 2 0199T, AFFIDAVIT OF MAILING AND POSTING COUNTY OF SUFFOLK) STATE OF NEW YORK) Q (� ' r I Erne 5,7— S7Y residing at (' ` . l� 0 X 3 �o `�''1 y, g New Y6rk, being duly sworn, depose and say that: 1.) On the I ) day of TL,, n Q_ , 1997, I personally mailed, by certified mail, return receipt requested; a true copy of the attached Legal Notice, addressed to each of the following named persons at the addresses set opposite their respective names, that the addresses listed below are those shown on the current assess- ment rolls of the Town of Southold; that said Notices were mailed at the United States Post Office to each of said persons by certified mail, return receipt requested: Name of Surrounding Property Owner • Mailing Address 0_40A and, 2) On the day of 1997, I personally posted the subject property identified as District 1000, Section , Block Lot by placing the Town's official poster ten (10) feet, or closer, from the property line facing the street or facing the right-of-way, and that I have checked to be sure the poster has remained in place for seven full days prior to the subject hearing date, which is June 19, 1997. Sworn to before me this (si&V&9&ZWALSrJ day of June, 1997. Notary Public, State of Newyork No. 62-4524771 r-- Qualified in Suffolk County g�}p Commission Expires Nov. 30, 19 ,Ld otary Public **Please return to the office of the Board of Appeals when completed. (Town Hall hours are 8 — 4 p.m.) Thank you. SIGN SPECIFICATIONS CHURCH OF GOD I CI" HIST Name as it is to appear CHURCH OF GOD IN CHRIST FOUNDERS JOHN fi MARY'LEE Sign S,pecificat-ions : on sign: OF CUTCHOGUE JEFFERSON, IMOde1. , : , , . . . . . , , . . witness Size............... Supra Sgl/Di)1 Sided...... Double Sided X?unting Method,-,. 10 CAbinet Color...... Atiq Bronze Faces: Background Color":.. P.I. Purple TyPe......•.,,, Translucent vinyl Name Color...,,..:. White Draft Color.,,,,.., White Sytpbol Number...... 20 Outline Color .... .."Black Message Center..... Yes # of Lines..... 3 Letter Size.... ® Inch # of Letter6.:, 495 Fetter Color... Black Vandal Cover.,. Yes ORIGINAL J.M. STEWART CORP. DESIGN DO NOT DUPLICATE IL_$00-237_3925 C# A 101666 I2-5-96 M Ho WITNESS SUPRA ZCc;:E1;� Com' rD C AFFL•AL5 -rU'I' hJ FI�,LL P�9XN ROAD - S. R. 25 SOUTHOLD, N -Y.--11971 Minimum considerations for sign applications: This is a preliminary review of your sign inquiry. The following information'is necessary in the initial review. You must submit all of the following information before filing an application concerning an existing sign: {x} Is this property located within 500 feet of County or State road or highway? Q (Yes or No). If yes, proof is necessary to sho that the N.Y.S. Department of Transportation in Hauppauge has received and approved a permit under Highway Laws, Section 88; {x} Copy of previous sign permit issued by the Building Department, or copy of Notice of Disapproval dated within the last 60 days from the Building Inspector -- if you do not have a previous sign permit, you will need to file a sign:permit application with the Building Inspector in order to obtain a Notice of Disapproval; {x} A previous sign approval was" ined from the Board of Appeals by Special Exception to advertise —aA A/� (please fill in); {x} If you sign has been erected for more than 35 years, please submit proof; 5 )J° n e s fS 4- W J c,L Ge, )- {x} Has this sign ever been altered: to change the wording (Yes or No). to change the size of the sign (Yes or No). to be in a different location on the property /UO or removed for the purposes of painting (Yes or No to each of the above.) {x} Please submit a copy of the owner's written consent. {x} The month and year that the sign was placed on the property must be provided: {x} The exact wording of the sign must be provided: {x} The dimensions•of the sign must be provided: length by teff- height. Also clearance from ground to bottom of sign: Also total height of sign from ground: {x} Location of the sign must be provided on a sketch, with setbacks to other buildings and two nearest property lines. a--k-a_C-<ec,/ --/o 2V,,42rd uQ {x} If sign is located on a building, please indicate which 1,1 6% pd section of the building: front wall; J, " roof; side wall other. fl ✓{x} Current photograph of the` is gn is required with the above information. {x} Have you or any member of your family been contacted by the Building Department concerning noncompliance with any provision of: the zoning code for this n or any existing structures? (Yes or No) If yes, please explain briefly: 5/11/931k _ ,.••,t , :. t,:;l ;,.:t;, .� 5 i p".F;19 v ?.. +iy} i. $t�I i�A.C,k.o1;y AT'; 'i. if��LA ..5�i n►_ �_.:;.. : 1 . ' ,� Q j .. -'r.- - _�T..t (-c - - ', , i------�= i� .. i.A' r•I�ul-ji?i:. L y.�,�;•'rf•*i.,.,r.:a.t'�t:•� .`.: ' 4. •`•i �•tr`• q.i.'aSre'6t;;,. t~..I. .4' J� 1t� �M+N ipryy. yt�� +'-:, :I: y, ;�'_�r�i'4�� J,J ..,' ':I.','r• ..4. ',. I ..> ,':':�1 .1:. . . (•l,:• :11, 1^'rv,�Kfi1 'i. t,.,i,Ari, 'L'Q' ''1' ;A':1;Sr•" ''r"''a;1f��.'�_.':•., t..'i••: -A', ,, �1. ,!,.. " :.r-i!1.4-:1=r•�.S••�S.i::!f ,r:'iw'•�'h:'�• k :i :it :'. h "''N: "i. 1.: I ,!•,' :r.::. 1'..% SOUTHOLDTOWN , • : BOARD OFAPPEALS THURSDAY, JUNE 19,4997.• .; NOTICE IS HEREBY GIVEN, pur-'. suant to Section 267 of the Town.Law: and the Code of the Town of Southold, the following applications will be held for public hearings by , the, SOUTHOLD •TOWN BOARD OF. APPEALS, atthe Southold Town Hall; 53095 Main Road; Southold, New York _ 11971; on THURSDAY,' JUNE 19; 1997 at the time noted below (or as • soon thereafter as possible): 6:45 p.m. Appl. No. 4475 - MARY FISCHETTI (carryover).' ' 6:55 p.m. Appl. No. 4483 — AN- DREAS VASSILIOU. Request for a Variance under Article III -A, Section 100-30A.4 based upon the March 21, 1997 Action of Disapproval issued by the Building Inspector for permission to locate an accessory gazebo in a front yard area at premises known as' 580 Inlet Drive, Mattituck, NY; Parcel ID 41000-106-2-1. Zone: R-40. Residential.. : 7:05 p.m. Appl. No., 4482 — CHURCH OF GOD IN CHRIST, • Request for ' n :Variance under; Article • XX, •.Sectioa.100-205 based.upon'the'; April 36, 1997 Action of Disapproval issued by the Building Inspector for permission to locale a new ground sign in excess of the size requirements of the code. Location of Propertyi 15625 C.R. 48, Cutchogue. Parcel #1000-101-1-10. Zone. District: Agricultural Conservation. '' '7:10 p.m. • Appl.': No. 4488 — LAWRENCE • and JOSEPHINE • PEARLSJi'EIN. Request for a Variance under Article XXIV, Section 100-244B { for permission to construct addition, a . portion of which will not meet the min- imum required front yard setback at, premises known as 2225 North Sea Drive, Southold; Parcel #1000-544-23:' : , Waiver under Aiticle H, Section 100-26, Zone: R-40 Residential. - for nonconforming lot identified as 7:20 p.m. Appl. No. 4484 — 1000-103-07-11, which adjoins non- PAULETTE • SATUR MUELLER conforming lot 1000-103-07-12, under and EBERHARD MUELLER. This • Article II, Section 100-26. application is based upon the April 28, The lots in question were created by 1997 Action of Disapproval by the . a' deed dated 2/1/1923, and dated Building Inspector. Variances are `'`• 10/26/1964; under Section 100-25 the requested' under Article III, Section '::': lots in question are nonconforming and 100-33 for approval of the location of a ::.; have merged because they' have been new dwelling to the rear (behind) exist- ' held, In common ownership at some Ing accessory buildings, leaving -a front .. time after July.- 1, 1983." Location of ' yard location for the accessory build- Property: . Stillwater Avenue, ings. Location of Property: 3705 Cutchogue; NY; also shown as Lots 7 Alvah's Lane, Cutchogue; County and 8 on the Map of Green Acres filed Parcel #1000-101-2-24.5. Zone Dis- ., in. the Suffolk County Clerk's Office trict: Agricultural -Conservation. `.. ' November 3, 1971. . 7:35 p.m. Appl. No. 4480 _ NICK-'. -.'. ; • The• Boaid of Appeals will at said HART REALTY. This application is', time and place hear any aid all persons based upon the September 18, 1996, or• representatives desiring to be heard April 28, .,1997„Action of in the •abovejapplications. The above ,updated Disapproval by,lhe Building,Inspector`..'',_.'fieaiings'will not start before the time which'states: "..A) Insufficient tot area ` -designated. Each file' is available for and depth in an R-40 Zone. A lot is .:• review during regular business hours, required to have an area of 40,000 sq. ft.:; ; and written comments may be submit - and is required to have a depth of 175 ted before that hearing is concluded. If feet..Article III -A, Section 100-30A.3, you'have questions, please do not hesi- 2) Insufficient front yard setback for a late to call 765-1809. . non -conforming lot — Article XXIV, Dated: June 2, 1997. ' Section 100-244B ...” Location, 'of... .";1j," BY ORDER OF THE SOUTHOLD. Property: 53400 County Road 48, .•, , .; TOWN BOARD OF APPEALS Southold, NY. County Parcel #1000-52. ' ' `GERARD P. GOEHRINGER, 2-13. Zone District: R-40 Residential r> `1 7 i t'ifiaiiinan (Also, proposed two parcels conta}ri L`��, (C (= 'Sy; Linda Kowalski insufficient lot width; code requirement i1017.1TJ_u5= --- is 150 ft. for each lot created.) j 7:55 p.m. Appl. No. 4487 — DON• Gt ALD and 'PATRICIA FEILER (Owner: Homan Realty). This isIa request for a Special Exception undo' i i �! 11 j Article' VII for coirveision 'of bdildi g % from single-family to "business a d professional offices" as provided by Section 100-71B, subsection 2. Zone' District: Residehtial-Office (RO). Location of Property: 117525 Main Road, ,Mattituck; County Parcel No. 1000-141-440. 8:00 p.m. Appl. No, 4469 — RAY- MOND FEDYNAK. (Carryover) 8:15 p.m. Appl.. No, 4489 — DOU- •: GLAS W. McGAHAN (Owner: Evelyn Fleet). Applicant is requesting a STATE OF NEW YORK) ) SS: COUN OF SUFFOLK of Mattituck, In said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regular- ly publ shed in said Newspaper once each week for weeks su ces v ly, mmencing on the dap o= 1 . Principal Clerk Swornto fore me this day of 19 7 MARY DIANA FOSTER NOTARY PUBLIC, STATE OF NEW YORK No. 52A655242, SUFFOLK COUNTY hh COMMISSION EXPIRES AUGUST 31, 190/7 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Lydia A. Tortora Maureen C. Ostermann BOARD OF APPEALS TOWN OF SOUTHOLD May 28, 1997 Re: New Application Dear Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Attached for mailing 'by you, certified mail, return receipt (green signature cards), is a copy of the Legal Notice regarding your application and hearing. The Legal Notice confirms a brief description of your request, the hearing date, time and place. At least ten (10) days prior to the hearing, please send a copy, certified mail -return receipt requested, of this Legal Notice to all surrounding property owners and owners across any street or right-of-way. It is suggested that you include a cover letter giving your name and telephone number and a copy of the map showing your proposed project. Also enclosed is a sign for you to post on your property within 10 feet from the front property line, for a period of seven (7) days, or longer at your choice. The sign must face the traveled road or town street. Please sign the enclosed Affidavit of Posting and Mailing before a notary public and return it to our office (not later than the hearing time), and attach the following: a) postmarked mail receipts (which show the neighbors names, addresses and post office location when mailed) ; b) return green signature cards once they have been received (you may return these later if you do not receive them all by the hearing date) . If .you have any questions, please feel free to call us. Very truly yours, MaryAnn Cybulski Enclosures P. S. An extra copy of the standards of law is attached for your use at the hearing. lnag.97/letter r .J APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen Lydia A. Tortora Maureen C. Ostermann BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF HEARINGS SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, JUNE 19, 1997 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following applications will be held for public hearings by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, JUNE 19, 1997 at the times noted below (or as soon thereafter as possible) : 6:45 p.m. Appl. No. 4475 - MARY FISCHETTI (carryover). 6:55 p.m. Appl . No. 4483 - ANDREAS VASSILIOU. Request for a Variance under Article III -A, Section 1.00-30A.4 based upon the March 21, 1997 Action of Disapproval issued by the Building Inspector for permission to locate an accessory gazebo in a front yard area at premises known as 580 Inlet Drive, Mattituck, NY; Parcel ID #1000-106-2-1. Zone: R-40 Residential. 7:05 p.m. Appl . No. 4482 - CHURCH OF GOD IN CHRIST. Request for a Variance under Article XX, Section 100-205 based upon the April 30, 1997 Action of Disapproval issued by the Building Inspector for permis- sion to locate a new ground sign in excess of the size requirements of the code. Location of Property: 15625 C.R. 48, Cutchogue. Parcel #1000-101-1-10. Zone District: Agricultural -Conservation. Page 2 of 3 - Legal , ice Southold Town Board of Appeals Regular Meeting of June 19, 1997 7:10 p . m : Appl .. No. 4488 - LAWRENCE AND JOSEPHINE PEARLSTEIN. Request for a Variance under Article XXIV, Section 100-244B for permission to construct addition, a portion of which will not meet the minimum required front yard setback at premises known as 2225 North Sea Drive, Southold; County Parcel #1000-54-4-23. Zone District: R-40 Residential. 7:20 p.m. Appl . No. 4484 - PAULETTE SATUR MUELLER and EBERHARD MUELLER. This application is based upon the April 28, 1997 Action of Disapproval by the Building Inspector. Variances are requested under Article III, Section 100-33 for approval of the location of a new dwelling to the rear (behind) existing accessory buildings, leaving a front yard location for the accessory buildings. Location of Property: 3705 Alvah's Lane, Cutchogue; County Parcel #1000- 101-2-24.5. Zone District: Agricultural -Conservation. 7:35 p.m. Appl. No. 4480 - NICKIIART REALTY. This application is based upon the September 18, 1996, updated April 28, 1997 Action of Disapproval by the Building Inspector which states: "...1) . Insufficient lot area and depth in an R-40 Zone. A lot is required to have an area of 40,000 sq. ft. and is required to have a depth of 175 feet. Article III -A, Section 100-30A.3, 2) Insufficient front yard setback for a non -conforming lot - Article XXIV, Section 100-244B ...." Location of Property: 53400 County Road 48, Southold, NY. County Parcel #1000-52- 2-13. Zone District: R-40 Residential. (Also, proposed two parcels contain insufficient lot depth, and principal building envelopes show { . A Page 3 of 3 - Legal ice Southold Town Board or Appeals Regular Meeting of June 19, 1997 proposed reduction in the required rear yard setbacks of future dwellings . ) 7:55 p.m. Appl. No. 4487 - DONALD AND PATRICIA FEILER (Owner: Homan Realty) . This is a request for a Special Exception under Article VII for conversion of building from single-family to "business and professional offices" as provided by Section 100-71B, subsection 2. Zone District: Residential -Office (RO) . Location of Property: 11725 Main Road, Mattituck; County Parcel No. 1000-141-4-40. 8: 00 p. m. Appl. No . 4469 - RAYMOND FEDYNAK. ( Carryover) 8:15 p.m. Appl. No. 4489 - DOUGLAS W. McGAHAN (Owner: Evelyn Fleet) . Applicant is requesting a Waiver under Article II, Section 100-26, for nonconforming lot identified as 1000-103-07-11, which adjoins nonconforming lot 1000-103-07-12, under Article II, Section 100-26. The lots in question were created by a deed dated 2/1/1923, and dated 10/26/1964; under Section 100-25 the lots in question are nonconforming and have merged because they have been held in common ownership at some time after July 1, 1983." Location of Property: Stillwater Avenue, Cutchogue, NY; also shown as Lots 7 and 8 on the Map of Green Acres filed in the Suffolk County Clerk's Office November 3, 1971. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above applications. The above hearings will not start before the time designated. Each file is available for reviews during regular business hours, and written comments may be submitted before that Bearing is concluded. If you have questions, please do not hesitate to call 765-1809. Dated: May 29, 1997. BY ORDER OF THE SOUTHOLD TOWN. BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman By Linda Kowalski x (S�UUND 6-tV I Z E V14 it / /1 A) CE NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a public SOUTHOLD TOWN BOARD OF APPEALS at the Southold, New York, concerning this property. hearing will be held 6y the Town Hall, 53095 Main Road, f e#*** OWNER(S), OF RECORD: `Pi4mer4X5�7"�� te S o a 7 o�-Jq P I. c DATE OF PUBLIC -HEARING: rµufs._) s"UNE ►9, X997 If you have an interest in this project, you are invited to view the Town files) which are available for inspection prior to the day of the hearing durino' normal business dans between the hours of 8 a.m. and 4 p.m. BOARD OF APPEALS •TOWN OF SOUTFiOLD e (516) 765-1809 15- � 2. 5 C. le, tt T-Cp o 6 tj, E APPEALS BOARD MEMBERS Requested/ Jurisdiction Before This Board in this eaG Locate a o�0$VFF01/v y1 Gerard R Goehringer, Chairman o Serge Doyen ti = - James Dinizio, Jr. #Rm�kw 0 0 41 - Lydia A. Tortora Maureen C. 0steimann BOARD OF APPEALS TOWN OF SOUTHOLD S.E.¢.R.A. TYPE II ACTION DECLARATION Appeal No . 4482 Project/Applicants : Church of God In Christ County Tax Map No. 1000- 101-1-10 Location of Project: 15625 C.R. 48 , Cutchogue , NY Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 June 19, 1997 Relief Requested/ Jurisdiction Before This Board in this Project: Locate a new ground sign in excess of the size requirement of the code This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Shortl Farm has been submitted; however, Section '017.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type Il classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 19901. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)), this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of appeals, Town Hall, Main Road, Southold, NY 11971 at ( 516 ) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER °�oSUFFoc,��o a ?1 cc Z 1 • OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS FROM: JUDITH T. TERRY, SOUTHOLD TOWN CLERK RE: ZONING APPEAL NO. 4482 DATE: MAY 6, 1997 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Transmitted is an application for a variance submitted by Church of God in Christ together with Zoning Board of Appeals Questionnaire; Short Environmental Assessment Form; Notice of Disapproval from the Building Department; survey; and other relevant documents. Judith T. Terry Southold Town Clerk RECEIVE® L664 9 AVW MAY --- 6 1997 YORK [� �/ 91 APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. / / (?9L� DATE ...�'.,l.f�•/.... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We)f.V.......0�...s'?Q...,�Rtaf�:::!!J.C.......:............................ Name of Appellant Street and Number ............................................................................................. ...:........................HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF - THE BUILDING INSPECTOR ON APPLICATIONFOR PERMIT NO . .................................... DATED ....................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO :� « :.:..s:.1.0...._ ............. . .Name of Applicant for permit of ........ .... ....... .............. ................................ ........ .... ............:............... ....................... Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ()S;G�J 1. LOCATION OF THE PROPERTY ..1.......:L.....L `C'":,?r'�.....}—.m ...........• • .......... ...... Street /Hamlet • / • Use District onZoning Map District 1000 Section/cl/ Block ! Lot gb Current Owner ad Mop No. lDa� 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 Q() Section .19;GA) 100--aOS 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( M-- 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) (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 (A-) A Variance to the Zoning Ordinance m is requested for the reason that ✓L� f/� C ��`/�� ce), 71, �J4 W f 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 drC6- 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 7�e pre- wel -S s /) IS 7t be GiZIU.SC ��Gv;o�� Gu v�'3'r�7� 5�� /f '!5'lM 7�'�✓� l7 /;�I a%y ' GVV Ilee�At C, r 5/�/> S6 be, �� ,cy �a�Ur►r �� 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NEW YORK ) ss COUNTY Sworn to this ......... V ... ..... ................... Signature . .......... day of...........,�... .............................. 19 UNDA F KOWALSKI • ........ Notary Public. State of New York Notary ublic No. 624524771 Qualified In Suffolk County , Commission Expires Nov. 30,19 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE.............................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Name of Appellant Street and Number ............................................................................................. ............................HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO . .................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ............................. Name of Applicant for permit of .................................................................................................................................. Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY .. �t......�� . 4�:........... .......... ...... Street /liamlet/ Use District on Zoning Map District 1000 Section /c/ Block / Lot! d, Current Owner t' Mop No. /OCd Lat�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 Q0 Section S, C� N 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( M` A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lock 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) (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 .... ......................... I........................................ REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (h) A Variance to the Zoning Ordinance is requested for the reason that Form z131 • (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because Ir Aj -el r �,U �%�c'<� �d ,��- ��, rs i✓ •% ��=C�c.LLlSG �L%�Sr �/SL1 ��l�;t-•. 61LrCek. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate u' vicinity of this property 'and in this use district because re- Vl C)u-S A-� Is 77 v �4 vr'IT SIG /f )`Oki % 11k�:Yc �C eitLls�J J' SL•L r SlJ' /-Y- L•1 be, � ✓+- � d c ✓r'r �`�� 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because` STATE OF NEW YORK ss COUNTY OF f�/F>co�K j Signature .... .:............... . ............... day of...........� ............................. 19 / Sworn to this ................. %- LINDA F. KOWALSKI ........ Notary Public, State of New York Notary Public No. 62-4624771 Qualified In Suffolk County q? 0., Commission 6piras Nov. 30,19,4-0 ISI{=?`��'� Town Hall, 53095 Main Road P. O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1802 OFFICE OF THE BUILDING INSPECTOR TOWN OF SOUTHOLD APPLICATION FOR SIGN PERMIT DATE March 30_i. 1997 SCTM #_-f Q% -I FEE: $50.00 PER SIGN APPLICATION # ZONE DISTRICT TYPE OF SIGN(s) GROUND IX} ROOF I } WALL I } ETC. APPLICANT: ,PLL i-'Og2.IT>3 "nm PHONE #734-6938 BUSINESS NAME"``' ''ROD IN CHRIST ^+sT VA10 &--1;41 MOT SIGN PROPERTY LOCATION: MIDDLE ROAD, CUTCHOGUE PROPERTY OWNER: CHURCH OF GOD IN CHRIST The following items are required along with the completed application. (1) Survey or accurate plot.plan showing location of existing and proposed sign(s), building width facing streets. (2) Colored drawings with sizes and types of material of proposed sign(s), or photos of existing signs. Signs cannot be installed until the applicant receives a sign permit application approved and signed by the Building Inspector. After the sign(s) have been installed., the applicant shall request an inspection by the Building Inspector. If the sign(s) are in compliance, a sign permit will be issued and mailed to: 3 C OF CHRIST CHURCH GOD IN 1V , f\ 11 ti P.O. BOX 438 1 1 CUTCHOGUE, L.I. N.Y. 11935 ''' ASP/94 STATE OF NEcTe�' YOR,K��, ) COUNTY OF �.Zj�rrold ) {} Applicant {} Agent for applicant, hereby agree to abide by the conditions and.requirements of Article XX SIGNS of the Zoning Code of the Town of Southold and other applicable laws, rules and regulations pertaining to such signs. A 1 Sworn to before me this I C da . o,f" r ,otary Pun is SIGNATURE OF APPLICrT 19 TrT ROBERT f. SCOTT. JR. *wary Public. State of New York Qualified in Suffolk County No. 01SC4725089 pp Q Term Expires May 31. �L U — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Examined` - Approved Disapprove a/c 19 7y BUILDING/fNSPECTCR- 1 +. c �•;' �.� 4�3'f-r''yG §.)' �4 >tt � � �1> ?tar 4J �'•Sa tl s •: w H *zY]G l y ti 7, 1� 1S SY 41 tr iuY� K M '! ( y w+ htt YM"!tti rir �•-std, r >r %Irrlit3 J�rYh ,i7);NN_elSt ?'C.5,1< 7 s•N44F�Ey > TYSeF,riu 27F3�• �'.' 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[ R�.'°.:.j dF. �;kf! 16, fY-L...t, Sf'a +%.i t1ri•, T�,+S 3.t 3 t...4'" f_ if ki iY�>X S„•�tl ✓ 3�,£ �,1 i �; +d, �.Sa.?t. •, ( sl jw'y�'is-♦'j''a:tYiq! s4 �.Y, 'j ry? �' @'J rJ .y � (4 �� 1i rr+ t 6�it i;. t!�.!i':��"c i.,,, :i'>4`.i, F::..,4��t�.l.i.t,5....i1_)hey.Yt:�•`s..�'.i].}fr.��;J:r�tlh.c.4''.?.. 'r i!)•.Sr��/)Jtyq ��.��;L F'yi ..:� . ,3; `:4 i�A.J8 t.1 t.;,^i fit, ::.rJ�i �,.�.tC1,:Lt,_:ft.''j31.., r..{.,:s:£'.7...�:�c., F:�s. �m ti -;t c,r Wl arJ nc,t Jr+l Haj. {?.el y:' f "rti r"tn• of r { r �• k QUEST. vzMA IRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of Ithe owner(s) and anv other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached.) B. Is the subject premises listed on the real estate market ror = sale- or being. shown to prospective. buyers? { } Yes { } No. (1f Yes, Please attach copy of "cond_ih:_nrs" of sale.) C. Are there any proposals tm change mr alter land c�ntc•�s? { } Yes { } No D. 1. Are there any areas which contain wetland grasses? Lk 2. Are the wetland areas shown on the map submitted with this application? Ajo 3.. is the property bulkhd between the wetlands area and the upland building area? up 4. If your property contains wetlands or pond areas, have You contacted the Office of the Town Trustees for its determination of jurisdiction? \)„ - E. Is there a depression or sloping elevation near.the area of .proposed construction at or below five feet above mean sea level?--gKj() (If not applicable, state "N.A.") F. Are there any patios, concrete barriers bulkheads or fencs which.esist and are not shown an the survey map that you are submitting? C If none exist, please state "none." G. Do you have any construction taking concerning your � �place at this time premises. p If yes, please submit.a copy Of your building permit and map as approved by the Building Department. If none, please state. H- Do you or any cc-o:aner also own other land close to this parcel? � Of deeds.— —Q If yes, please explain where or submit copies I• Please list present use or operations conducted at this Parcel�l2(�% and Proposed use Authorized Signatlre-.ana Date - 3/87, -10/901k . § 97-13 WETLANDS § 97-13 TOWNi — The Town of Southold. TRUSTEES — The Board of Trustees of the Town of Southold. [Added 6-5-84 by L.L. No. 6-19841 WEZ---UVDS [Amended 8-26-70" by L.L. NO. 2-1975, 3-26- 85 by LJ_ 2 a. A. TIDAL WETLANDS: (1) All, lands generally covered or intermittently cov- ered with. or which border on, tidal waters, or lands lying beneath tidal waters. which at mean low tide are covered by tidal waters to a maximum depth of five (5) 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, flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following: salt hay. black grass, saltworts, sea lavender, tall cordgrass, high' bush, cattails, groundsel. marshmallow and' law marrh coni ass. Lnz/= • i3) All land immediately adjacent to a tidal wetland as defined in Subsection AM and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESHWATER WETLANDS: (1) "Freshwater %vetlands" as defined in Article 21, Ti- tle 1, § 2.1-0107,,Subdivisions 1(a) to 1(d) inclusive. of the Environmental Conservation Law of the State Of New York; and (2)- All land immediate!}• adjacent to a "fresh%vater wet- land." as defined in Subsection B(1) dnd lying with- _ in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." • - - ,-9705 . 2-xs.es The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environriental review will be rade Ly this .)oard before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed that the preparer will use currently.available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the ._ project is not significant. (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically'alter more than 10 acres of land? 2. Will there be a major change to any unique or unusual land form on the site? Yes MNo 3. Will project alter or have a large effect on an existing body of water? _Yes k6o 4. Will project have a potentially large impact on groundwater quality? Yes 1,--N, 5. Will project significantly effect drainage flow on adjacent sites? Yes �No 6. Will project affect any threatened or endangered ,� plant or animal species? Yes Y No 7. Will project result in a major adverse effect on air quality? _Yes k,14o 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas /� known to be important to the community? Yes !�' No 9. Will project adversely impact any site or struct- ure of historic, pre -historic, or paleontological importance or any site designated as a critical �� envircnmental area by a local agency? Yes YNo 10. Will project have a major effect on existing or future recreational opportunities? Yes No 11. Will project result in major traffic problems or cause a major effect to existing transportation / systems? Yes No 12. Will project regularly cause objectionable odors, �- noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? _Yes VN, 13. Will project have any impact on public health ' or safety? _Yes L No 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over.a one-year Yes No period or have a major negative effect on the character of the community or neighborhood? 15. Is there public controversy concerning the _ project? Yes 11N, Preparer's Signature: IN Representing: Date: - ' 7 ZBA 9/75 -- t 1 ,aTle .�+ -12- April 21, 1966 After investigation and the Board fln€% that the a WIACant XGqUGGt beim to divide pr"rty In ar4m to etas a third dwelling on the prop y. Ihe total area of the p&Wazty An tinea is appimieateiy 22„205 squme &at. To divi t this Into throe parcels wa"d cmate three very =mduaiaed parcels of 2agd. B*wd had sawlawdy divided this psrty into two parmis og land an actabox 260 191. it is the opinion of the Board to further divAder this to Pesatt a third dweil3M wouN eassstIt ate ag ex as a wdbq Of lancu 7he Board also polarA cut that the Bayard of Reath voUd poly not ' approve water eaWly and ceaa las % three dwells an this ps testy. Um Dowd finds that aftlet applitation of the 4"aftimm WIJU Uft .r:T Y.'j.i :t -ti f: !2_.l 3- or m:eesaxy '1. d. F'P •i the hardship +i.. ed not unique and - a s beshared by &U propertim alike In the Immedl4ft Vicinity of thl =.a pisand In the ru? : use and - variance r dmm not abserm the spirit of the Ordinance and wiU chartge tba character of this district. on -mmiai1 by Mr. #fie - semn ded by Mr. GlUleple• 1t was PJWMVBD that ftv. John Jeff, MiddleRoad* Mtttitn , kfta Yorks be faded pmic im to divide prWarty intro three ^- separate .pasCe3e as that a � i end en ty hated on the n s r of Middle Road* �lttti 0 New Rte• �d north by N.2, =��t fit. • east by John south by Midi +int by 1h Jaca oa Vbft of tha Sam* Ay"s- Mr. i 34,1spieo Mr. t Br. Sul". OnmotUa by . W, *aseandedby XC. BftVent it RWMVED that the SamUmId Town Beard of Appeals not 7s 20 B. h. (8.0, 3. T, ) t Zmadayt MW S, X1,669 s . at the Tom €991=• UK" Ro" df Nm / an i►i404 Place of bearim y fm a opmeW N-mmCoption In mba,� . It h to $'fit a- fam 2abm cM po=At S=mftd Jbm 20a ISM ' .:.; z4vat"m of JF&t� out sift Hatt ,r Qzsmto "r 3EW. ,.fid nozW, by WsB. W -i jL-'