Loading...
HomeMy WebLinkAbout4040 · APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Applications No. 4032 and 4040. ACTION OF THE BOARD OF APPEALS Upon Application of MARY AND PETER BLANK. Appeal: (a) under Article II, Section 100-23, Article III, Section 100-32, and Bulk Schedule, Column "v," requesting approvals of the reduced lot area and depth of Parcels 1 and 2, which nonconformities remain in private ownership following appropriation of the total balance of land after acquisition by the N.Y.S. Department of Environmental Conservation, and requesting approval of the proposed building area for placement of principal dwelling structure with related accessory building(s), having insufficient setbacks in the front yard, rear yard and lot coverage in excess of the five (5%) percent limit, and (b) under New York Town Law, Section 280-a interpreting non-jurisdiction or otherwise determining access approval. Location of Property: Along Peter's Neck Road, extending approximately 2900 feet south of King Street, Hamlet of Orient, Town of Southold, NY; County Tax Map Parcel Nos. 1000-32-1-part of 2 and 4; also Lot 3 (ROW). WHEREAS, a public hearing was held on July 12, 1991, and 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, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The subject premises consists of two parcels which are located along Peter's Neck Road and private right-of-way, extending in a southeasterly direction off the easterly side of King's Street in the Hamlet of Orient, Town of Southold. P~ge 2 - Appl. No. 4032 and 4040 Applications of MARY AND PETER BLANK 'Decision Rendered - July 25, 1991 Special Meeting 2. The first parcel, referred to on the survey map as Parcel 1: (a) is identified on the Suffolk County Tax Maps as 1000-32-1-4.1) {previously identified as part of 4}, and (b) is located north of the private right-of-way; has a total land area of 1.6461 acres (71,704 s.f.).; {the total acreage prior to acquisition of the contiguous 2.5281 acres by the N.Y.S. Department of Environmental Conservation on Octo- ber 26, 1990 was 4.2271 acres}; and (c) has a lot depth of approximately 200 feet at its greatest distance from the front property line along the right-of-way; (d) is shown on the July 12, 1991 survey map with a proposed building envelope of 12,085 sq. ft., covering 16.8% of the lot, for the future construction of a principal building and related accessory buildings or structures; (e) is shown on the survey map with a proposed "envelope" area with an insufficient setback at 40 feet from the front (southwesterly) property line and an insufficient setback at 60 feet from the rear (northeasterly) property line of this parcel {for future construction}. 3. The second parcel, referred to on the survey map as Parcel 2: (a) is identified on the Suffolk County Tax Maps as 1000-32-1-2.1 {previously identified as part of 2}, and: (b) is located to the south of the private right-of-way having a total area of 1.7478 acres or 76,133 s.f.; (the total acreage prior to acquisition of the contiguous 7.4047 acres by the N.Y.S. Department of Environmental Conservation on October 26, 1990 was 9.1525 acres; (c) has a lot depth of approximately 150 feet at its greatest distance from the front property line along the right-of-way; (d) is shown on the July 12, 1991 survey map with a proposed "envelope" area of 18,871 sq. ft., covering 24.7% of the lot, for the future construction of a principal building and related accessory buildings or structures. (e) is shown on the survey map also with the "envelope" area an insufficient front yard setback at 40 feet from the front property line and an insufficient rear yard setback at 60 feet from the rear (southwesterly) property line. ?~ge 3 - Appl. No. 4032 and 4040 Applications of MARY AND PETER BLANK ~Decision Rendered - July 25, 1991 Special Meeting 4. In this R-200 Low-Density Residential Zone District, as adopted in the new Master Plan Revisions and Update of the Zoning Code on January 10, 1989, the following Bulk Schedule requirements, under Column "v", are listed as a minimum for a one-family detached dwelling: (a) Lot size 200,000 sq. ft. (b) Lot depth 400 feet (c) Front Yard Setback at 60 feet (d) Rear Yard Setback at 100 feet. Also limited in this section is the lot coverage of the parcel for all structures at 5% of the lot area. 5. The percentages of relief sought by this variance application concerning Parcel 1 are as follows: (a) Lot size at 71,704 s.f. is approximately 35.5% of the total requirement of 200,000 s.f.; (b) Lot depth at approximately 195 feet 97.5% of the total requirement of 200 feet; (c) Front yard setback at 40 feet is 67% of the total requirement of 60 feet; (d) Rear yard setback at 60 feet is 60% of the total requirement of 100 feet; (e) survey exceeds total of 16.8% The proposed building envelope area shown on the the maximum lot coverage (5%) by 11.8%, for a of the total lot area, or 12,085 s.f. 6. The percentages of relief sought by this variance application concerning Parcel 2 are as follows: (a) Lot size at 76,133 s.f. is approximately 38% of the total requirement of 200,000 s.f.; (b) Lot depth at approximately 150 feet is 75% of the total requirement of 200 feet; (c) Front yard setback at 40 feet is 67% of the total requirement of 60 feet; (d) Rear yard setback at 60 feet is 60% of the total requirement of 100 feet; (e) The proposed building envelope shown on the survey at 18871 s.f. is 19.7% over the maximum permitted (5%), for a total proposed at 24.7%. P~ge'4 - Appl. No. 4032 and 4040 Applications of MARY AND PETER BLANK ~Decision Rendered - July 25, 1991 Special Meeting 7. For the record, it is noted that Peter's Neck Road is a town-maintained road in good to excellent condition and extends to each of both parcels under consideration. Therefore, the jurisdiction under New York Town Law, Section 280-A, is waived as to need for further road improvements. No 280-A requirement has been found of record for this access road to any of the houses either to the east of the subject premises or to the west, except as the Planning Board may have conditioned under the 1981 minor subdivision (1000-32-1-12) situated at the most easterly end of the private right-of-way. 8. For the record, it is noted that the Board has also considered the history of conveyances over the years since prior to 1962, and as shown on the single-and-separate search prepared by Aquebogue Abstrac~ Corp. dated July 3, 1989. The Board recognizes these two parcels as having been in single and separate ownership up until the present time. 9. In considering this application, the Board also finds and determines: (a) the relief as granted is substantial in relation to the requirements; (b) the evidence submitted and practical difficulties claimed are sufficient to warrant a grant of this variance; (c) there will be no substantial change in the character of the neighborhood, and a precedent would not be set since the physical characteristics of this land as it related to the general area and wetlands has existed since before the enactment of zoning in 1957; (d) the difficulties cannot be obviated by some method feasible to the appellant to pursue, other than a variance; (e) that in view of the manner in which the difficulties arose, and in considering all the above factors, the interests of justice will be served by granting the variance, as conditionally noted below. P~ge 5 - Appl. No. 4032 and 4040 Applications of MARY AND PETER BLANK ~- 'Decision Rendered - July 25, 1991 Special Meeting Accordingly, on motion by Mr. Mr. Dinizio , it was Villa , seconded by RESOLVED, to ALTERNATIVELY GRANT for Parcel #1, relief permitting a rear yard setback at not less than 7 5 feet from the rear property line to the dwelling (foundation without decks or overhangs), and at not less than 65 feet from the rear property line for all other structures or buildings; be it further RESOLVED, to ALTERNATIVELY GRANT relief as to Parcel #2 as as limited below: (a) rear yard setback at not less than 75 feet from the rear property line for all buildings and structures; (b) maximum lot coverage at 20% of the total lot area for all buildings and structures; and be it further RESOLVED, to GRANT the following relief, as applied and requested under Appl Nos. 4032 and 4040: (a) as to both Parcels #1 and #2, a front yard setback for a future principal building at not less than 40 feet from the front property lines along the private right-of-way; (b) as to both Parcels #1 and #2, a waiver of jurisdiction under New York Town Law, Section 280-A, concerning further road improvements; (c) approval of the a~'ea and depth-Parcels #1 and #2. (d) approval of the maximum lot coverage for all structures on Parcel #1 as requested at 16.8% of the total area. lot Vote of the Board: Ayes: Messrs. Goehringer, Dinizio and Villa. (Member Doyen left to return to Fishers Island.) (Member Grigonis was absent due to illness.) This resolution was duly adopted. R EIVED AND FILED BY Town Cle~, To~ GERARD P. GOEHRING4~R, CHAI~4AN APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTt L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 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 matters will be held for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS ~t the Southold Town Hall, 53095 Main Road, Southold, NY 11971, on FRIDAY, JULY 12, 1991, commencing at the times specified below: 7:30 p.m. Appl. No. 4033 - RANDI LACALAMITA. Request for variance to the Zoning Ordinance, Article III, Section 100-33 for approval of carport in the front yard area with reduced setbacks from the front and side property lines. Location of Property: 1395 Henry's Lane, Peconic, NY; County Tax Map No. 1000-74-01-10. 7:35 p.m. Appl. No. 4028 - RICHARD OLIVERI. Request for variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate new principal dwelling structure with insufficient rear yard and side yard setbacks. Zone District: R-80. Location of Property: Westerly Side of Crescent Avenue, Fishers Island, NY; County Tax Map No. 1000-006-06-20.5, containing 2+ acres. Pa~e 2 - Legal Notic~ Regular Meeting of July 12, 1991 Southold Town Board of Appeals 7:45 p.m. Appl. No. 4036 ELLEN BRAUNSTEIN. Request for variance to the Zoning Ordinance, Article IIIA, Section 100-30.A3 to construct addition to dwelling with a reduced rear yard setback on this corner lot. Lot area is nonconforming in this R-40 Zone District.' Location of Property: Corner of Wendy Drive and Peconic Bay Boulevard, Laurel, NY; County Tax Map No. 1000-128-5-7. Also referred to as Lot "A" on the Map of Rollingwood Estates. under Article II, Section 100-23, Article III, Section 100-32 ! and Bulk Schedule, Column "v," requesting approvals of the / / reduced lot area and depth of Parcels 1 and 2, which / nonconformities remain in private ownership following ! appropriation of the~total balance of land after acquisition by ~ ~~~n~f°~h~n~°~t~i~r~°~ra~acement~ ~ of principal dwelling structure with related accessory building(s), having insufficient setbacks in the front yard, rear yard and lot coverage in excess of the five (5%) percent limit, and (b) under New York Town Law, Section 280-a, interpreting non-jurisdiction or otherwise determining access approval. Location of Property: Along Peter's Neck Road, lextending approximately 2900 feet south of King Street, Hamlet of Orient, Town of Southold, NY; County Tax Map Parcel Nos. 1000-32-1-part of 2 and 4; also Lot 3 (ROW). Page 3 - Legal Noti Regular Meeting of July 12, 1991 Southold Town Board of Appeals 8:00 p.m. Appl. No. 4034 - ANTHONY AND MARIA MERCORELLA. Request for variance to the Zoning Ordinance, Article III, Section 100-33 for permission to amend previous variance application and decision rendered July 11, 1990 under Appl. No. 3944 in order to locate two-car garage building, with partial enlargement for a second floor with windows, and other structural modifications as shown on a new construction plan (including plumbing facilities for a half bath), in an area other than ~he required rear yard. Location of Property: 2~60 Peconic Bay Boulevard, Laurel, NY; also known as Lot 19 on the Map of Edgemere Park; County Tax Map No. 1000-145-4-4. 8:05 p.m. Appl. No. 4035 - MR. AND MRS. EUGENE CROASDALE. Request for a variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 to permit addition to dwelling with insufficient front and side yard setbacks. Premises is nonconforming as to lot area and width; the subject dwelling as exists is nonconforming as to the front and total side yard setbacks in this R-40 Zone District. 595 North Parish Drive, Southold, NY; No. 1000-71-1-6, containing 28,250 sq. Location of Property: County Tax Map ft. in total area. 8:10 p.m. Appl. No. 4024 - RONALD STRITZLER, M.D. Request for variance to the Zoning Ordinance, Article III, Section 100-33 for permission to locate accessory tennis court structure in an area other than the required rear yard on this 4.9+- acre .Page 4 - Legal Notice Regular Meeting of July 12, 1991 Southold Town Board of Appeals parcel. Location of Property: 3055 Soundview Avenue, Mattituck, NY; County Tax Map No. 1000-94-1-14. (Recessed from June 7, 1991) 8:15 p.m. Appl. No. 4036 - JOHN AND RICHARD ZEISLER. Request for variance to the Zoning, Ordinance, Article IIIA, Section 100-30A.4 (100-33) for permission to locate accessory two-car garage structure in an area other than the required rear yard at 700 Jackson%s Landing Road, Mattituck, NY; Lot area is nonconforming in this R-40 Zone District; Map of Jackson's Landing, Lot %7, filed in the Suffolk County Clerk's Office as Map %5280; also identified as County Tam(Map %1000-113-4-9. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. For more information, please call 765-1809. Dated: June 24, 1991. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski TO: Times-Review Delivered 6/24/91 L.I. Traveler-Watchman For Publication FORM NO. 3 TOg'iN OF SOUTHOLD BUILDING DEPARTblENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date To ....~....~. .... .A4..~,....~.?.~du~,. ~... ~.~%~.,?~,...~?)... LEASE TAKE NOTICE that your application dated .... .... ~ ..... ; ....19 ~.. Location of Property ..... ~..~.. House No, County Tax Map No. 1000 Section ...~. ~. .... Block .... ~ ]~ ....... Lot . .~ ~ ........ Subdivision ................. Filed Map No ................. Lot No .................. ~.~ ......... ~.~..~~ , .. ~~g. ~. ~ ~.,.3 .~...~ ~.,. ~. ~. t...~.~% ........................ Building Inspector ' RV 1/80 III ¢IIVID TOWN OF 5OUTHOLD, NEW YORK APPF. AL FROM DECISION OF BUILDING NSPECTOI ¥ J~Jl APPEAL NO. i.J O,~ O. TO THE ZONING BOARD OF APPEALS, TOWN O.F'SOUTHOI-D,-N.~-Y. Peter Blank and 1, (We) ...... ..Mp,~y...I~,i~C..]~;I. ap.k .......................... of ....P..e..t..e..r.~..s..N.e..c..k....R..o,.a.,d. ...................................... Name of Appellant Street and Number New York Orient ............................ NEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NOS .................................... DATED ....M...a..r..c..,h.....2..9..~....I...9..9..1. .................. WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (x) Peter and Mary Louise Blank Nome of Applicant for permit of ?eter's Neck Road, Or±e.n..~;,...N...e..w.....Y_o...r.k. ...................................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMITS TO CONSTRUCT ONE-FAMILY DWELLINGS !. LOCATION OF THE PROPERTYPeter's Neck Road, Orient R-200 .................... tP/O 2 & Mary Louise L. Blank (Tax Lot 2) District 1000 Section 032Block 1 Lo . - .................................................... ~2.~, uurren~ 0w~erPeter Blank (Tax Lot Map No. · Lot No. Prior 0whetGe°rge and Elizabeth E. Latham (Tax ~ary ~OUlSe L. Plank (iax mag 4) ~t2) - 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALEO (Indicat~ th~ Articla Section, Sub- secti6n and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Articlezz ~ iii Section 100-23 a 100-32 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (x) A VARIANCE to the Zoning Ordinance or Zoning Map to ~c~c~ o~ access ~State of New York Town Law Chap. 62 Com. Laws (x) A VARIANCE/~U~ in e p etatio Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (has)h~s not)~een made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit { ) request for a variance and was made in Appea! No ................................. Dated ............................. ~ ........................................ -- REASON FOR APPEAL or interp~retation of (x) A Variance to/Section 280A Subsection 3 (x) A Variance to the Zoning Ordinance ( ) is requested for the reason that the two subject parcels, which are the portions of .Tax Lots 2 and 4 that remain in private ownership following appropriation of the balance of Tax Lot~ 2 and 4 by the New York State Department of Environmental Conservation, are non-conforming.as to the area and depth and possess no reasonable building envelopes under the Bulk Schedule for the R-200 district. In addition, a variance pursuant to Town Law §280-a may be required before building permits can issue for the subject parcels. ~onn ZB! (Continue on other side) REASON FOR APPEAL O '~ V ! qJ ~ ;IC~ontinued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the~d~ ~ b~a~and setback requirements of the zoning code render the subject parcels unbuildable, and, in addition, the subject parcels may not meet the.requirements of Town Law §280-a. 2. The hardship created is UNIQUE and is not shared by all prope~ies alike in the immediate vicinity of this prope~y and iht his use di~rict because applicants are in the unusual position of having had the bulk of their-properties appropriated by the New York State Department of Environmental Conservation, leaving~the residues non=conforming wSth respect to the requirements of the R-200 district. 3. The Variance would obse~e the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE Dl$1K1CTb~ause the appropriated portions of the sgbject parcels, as well as other parcels in the immediate area acquired by the New York State Department of Environmental Conservation, will, upon information and belief, be kept in their natural state and will not be built upon or otherwise developed. In addition, several other houses in the area of the subject parcels have their' ~ccess by means of Peter's Neck Road, the proposed access to the subject parcels. STATE OF NEW YORK SS COUNTY OF SUFFOLK ~_~ & Mary Louise Blank Sworn to this ~ '~ ...... day of i~a.-y ...... ~ ....... 19 Notary Public John ~[; Wagner, attorney for Peter Blank 91 I/4a'3':$ ~'- / .... F./ TOWN OF SOUTHOLD PROPERTY RECORD CARD ,,~'-,~-0 OWNER STREET VILLAGE DIST. SUB. LOT S W ~PE OF BUILDING RES. S~S. VL ~t~ FARM COMM. CD. Mkt. Valu. ~ND IMP. TOTAL DATE REMARKS ~/, ,/~ -/-' , /_:2 ¢¢ 1~.:., /3¢~ . ~, ~, ~;-,4,r.~,~" ~,,~r~,~-/¢~ FARM Acre ~aque Per ~alu~ Acre Tillable 1 Tillable 2 Tillable 3 ,~ ~ 2J ~ Woodland Swampland , ~ ~ ~ (~ ~' FRONTAGE ON WATER Brusfiland~ FRONTAGE ON ROAD House Plot ~ ~ J ~ OO DEPTH ,. ....... BULKH~D Total '1 ~ I ~ DOCK M. Bldg. Extension : Extension Extension Porch Porch Breezeway Garage i3otio Total COLOR Basement Ext. Wails Fire Place Type Roof Recreation Roo~ Dormer Driveway Both __ Dinette :loors ~_ K. Interior Finish Heat Rooms 1st Floor Rooms 2nd Floor LR. DR. BR. FIN. B. Ioc)~.~2-'l-~ TOWN OF SOUTHOLD PROPERTY RECORD CARDN,A4p ~_.u; OWNER STREET VILLAGE DIST. SUB. LOT ACR. FoRMJ~R OWNER N' S ~ W TYPE OF BUILDING RES. SEAS. VL. FARM COMM. CB. MICS. ,-., Mkt. Value LAND IMP. TOTAL DATE fi~RKS Tillable FRONTAGE ON WATER I W~land FRONTAGE ON ROAD ~d~bnd DEPTH H~ Pl~ BULKH~D Total M. BIdg, ] Foundation Bath Extension Basement Floors Extension Ext. Walls Interior Finish Extension Fire Place Heat Porch Pool Attic Deck Patio Rooms 1st Floor Breezeway Driveway Rooms 2nd Floor Garage O.B. I /TOWN OF SOUTHOLD PROPERTY RECORD CARD (,,,'(?(t "~ ..~ ~- I /-- ' ' OWNER STREE'F VILLAGE DIST. SUB. LOT ~PE OF BUILDING AES. / S~S, VL q/~ FARM COMM. CB. MISC. Mkt. V~lue ~ND IMP. TOTAL DATE REMARKS I AGE BUILDING CONDITION N~ NOR~L BELOW ABOVE FARM Acre Value Per Value Ac Tillable 1 Tillable 2 Tillable 3 Woodland sw~.~ ~.ONT~ ON W~R Brushland FRONTAGE ON ROAD . BULKH~D To~ I qT ~ gOCK M. Bldg. Extension Extension Extension Porch COLOR TRIM Foundation Basement Ext. Wails Fire Place Type Roof Recreation Room Porch Dormer Breezeway Driveway Garage Patio O.B. Total Bath Floors Interior Finish Heat Rooms 1st Floor Rooms 2nd Floor Dinette LR. DR. BR. FIN. B. J I-4 ~o~ Parcel No. Area of Bu ding Envelope_ Lot Area Percent of Lot I 12085 S.E + 1.6461 Acres : 168% 2 18871 S.F + 1.7478 Acres = 24.7% SURVEY FOR PETER BLANK & MARY LOUISE BLANK AT ORIENT TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James DinizJo, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN O~ SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 August 13, 1991 John M. Wagner, Esq. Esseks, Hefter & Angel 108 East Main Street P.O. Box 279 Riverhead, NY 11901 Re: Appl. Nos. 4032 and 4040 - Mary and Peter Blank Dear Mr. Wagner: Transmitted for your records is a copy of the determination rendered by the Board of Appeals concerning the above application. Please be sure to return to the Building Department, Town Trustees, N.Y.S. Department of Environmental Conservation, County Health Department, and any other agency for permits or other approvals which are appropriate for this project. Copies of this decision have simultaneously ~erewith been transmitted to the Building Inspectors for their +file and update. Very truly yours, Linda Kowalski Enclosure Copy of Decision to: Southold Town Building Department Suffolk County Department of Planning APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN O~ SOU~OLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 August 26, 1991 John M. Wagner, Esq. Esseks, Hefter & Angel 108 East Main Street P.O. Box 279 Riverhead, NY 11901 Re: Appl. Nos. 4044 and 4032 - Peter and Mary Blank Dear Mr. Wagner: Transmitted herewith for your information and file is a copy of the determination from the Suffolk County Department of Planning in response to our referral under Section A14-23 of the Suffolk County Administrative Code. Very truly yours, Enclosure Linda F. Kowalski DEPARTMENT OF PLANNING OCOUNTY OF SUFFOLK PATRICK Go HALPIN SUFFOLK COUNTY EXECUTIVE Ab6 2. 3 ARTHUR H. KUNZ DIRECTOR OF PLANNING August 21, 1991 Town of Southold Zoning Board of Appeals Applicant: Mary and Peter Blank Mun. File No.: #4032 S.C.P.D. File No.: SD-91-16 Gentlemen: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Comments: Alternative rear yd./lot coverage relief appears warranted as set forth. Very truly yours, Arthur H. Kunz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio. Jr. · Robert A. Villa Telephone (516) 765-1809 BOAR~D OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Pursuant to Article Board the XlII of the Suffolk County Charter, the of Appeals of the Town of Southold, New York, hereby refers following to the Suffolk County ~r~no~n~ L~O~n, misSeSc%9~~ 280-a Variance from the Zoning Code, Article II , Section 100-23 Article III Section 100-32 Variance from Determination of Southold Town Building Inspector. XX Special Exception, Article , Section Special Permit 4032 and Appeal No.:4040 Applicant: Mar~ and Peter Blank Location of Affected Land: Peter s Neck Rd., Orient, NY County Tax Map Item No.: 1000- 32-1-p/o 2 and 4 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 Land 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 R~R~R~ k~.approvals of reduced lot' area and depth of Parcels 1 & 2, placement of principal dwelling with re~a~ed accessory structures, front and rear yard setbacks, lot coverage in exce~ of 5~ !imi* aha 280-a interpretation. Copies of Town file and related documents enclosed for your review. Dated: Aug. ]3, 1991 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 MEMORANDUM FOR THE FILE RE: Appl. of PETER AND MARY BLANK Friday, 7/12/91: 3:30 p.m. Spoke with Valerie Scopaz, Sr. Planner for the Planning Board Office, who said she is preparing a letter for the ZBA file but due to the lateness of the hour, would probably not have it ready until Monday. I agreed to tell the ZBA Members at tonight's hearing that a letter was forthcoming from the Planning Board on Monday. Valerie also indicated that the contents of the letter would probably give a little historical synopsis of similar farmland conveyances in other areas of the Town of Southold in the early 1960s for informational purposes. 7/12/91 ZBA Hearing was held and concluded, except for receipt of the Planning Board's letter forthcoming on Monday, July 15, 1991. Monday, 7/15/91 Planning Board letter not received. Tuesday, 7/16/91 A.M. ZBA Secretary asked that a message be left for Valerie concerning proposed letter we discussed on Friday since we didn't have it. 7/16/91 3:35 P.M. Valerie confirmed that a letter was not authorized by the Planning Board Chairman, and she had no further message except that Ben Orlowski may contact Jerry Goehringer. She said she didn't know what Ben was going to say and was not authorized to be involved at this point. lk ,JANE ANN R. KRATZ ~JOHN N1, WAGNER WILL~AM POWER ~vlALONEy THOMAS F, WHELAN E$SeKS, H£FTER & ANGEL, ':~z~! .~ COUNSELORS AT LAw 'Ii ~~ ~ ~ 108 EAST MAIN STREet P. O. BOX 279 WATER MILL OFFICE i~10 N TAU K HIGHWAY P. O. BOX 570 WATER MILL. N.Y, 11976 {516) 726-6633 July 8, 1991 Town of Southold Zoning Board of Appeals Town Hall, 53095 Main Road Southold, New York 11971 Attention: Ms. Linda Kowalski Re: Application for Variances/Interpretations of Peter and Mary Louise L. Blank Dear Ms. Kowalski: Pursuant to our recent discussions, I enclose herewith the following in connection with the above-referenced application: 1. Additional original Notice to Adjacent Property Owner, dated July 1, 1991, reflecting service of the Notice on the New York State Department of Environmental Conservation; and 2. Copies of" ' variance searches" for the two subject parcels, both dated July 3, 1989 Title Nos. AAC-796A and AAC-796C). Please note that the enclosed variance searches do not reflect a later deed, dated November 16, 1989 and recorded January 2, 1990 at Liber 10991 of Conveyances, Page 596, a copy of which has previously been filed with your office. This deed places title to the northerly of the two subject parcels in Peter Blank's name. I am ordering a revised survey of the two subject parcels to show contour lines. The additional filing fee of $500.00 you have requested will be forwarded to you as soon as possible. Very truly yours, JMW:pi Encs. AQUEBOGUE ABSTRACT CORP. 123 Maple Avenue RIVERHEAD, NEW YORK 11901 VARIANCE SEARCH TITLE # AAC-796A STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELYSE G. WOHLARS, being duly sworn, deposes and says: That she resides at 123 Maple Avenue ' Riverhead, New York 11901 and is over the age of 21 years and that she is Office Manager of AQUEBOGUE ABSTRACT CORP. That under.~r direction, title was examined to the parcels of land described on the annexed Schedule and labelled Parcels: A, B, C, D and E THAT said examination, dated 6/9/89 discloses a chain of title to determine if any contiguous property was owned by an owner of property involved since the date of any previously applicable Zoning Ordinance as of 1957 And that this affidavit is made to assist the Board of Zoning Appeals to the Town of SOUTHOLD to reach any determination which requires as a basis therefore the information set forth herein and knowing full well that said Board will rely upon truth thereof. SWORN TO BEFORE ME THIS 3RD DAY OF JULY, 1989 KENNE~I B. ZJU'g/R NOTARY PUBLIC, STA~ O~ NEW YORK SUFFOt. K COUNI%'-NO. 01ZA.4517618 TERM EXPIRES FEBRUARY 28, 1991 1 OFFICE MANAGER Title Number: AAC-796A DESCRIPTIONS PARCEL "A": SU~ PR M~ ALL that certain plot, piece or parcel of land, situate lying and being in the Town of SOUTHOLD , County of Suffolk and State of New York and being a described parcel County Tax Map Rolls as District 1000 Section 032.00 Block: 01.00 Lot: 002.000 PARCEL "B" (Adjacent oH North) County Tax Map Rolls as District 1000-027.00-04.00-010.004 PARCEL ."C" ..(Adjacent on East ~ County Tax Map Rolls as District 1000 -032.00-01.00-003.000 PARCEL ."D" {Adjacent on the West County Tax Map-'Rolls as District 1000-032.00-01.00-014.001 PARCEL ."E" ~o__~n~he ~outh) ORIENT HARBOR State of New York)SS: County of Suffolk) Elyse Wohlars being duly resides at 123 Maple Avenue the age of 21 years and sworn, deposes and says: That she , Riverhead New York and is over that she is the Office Manager of Aquebogue Abstract Corp. That the above is the true description of the subject premises and of the adjoining premises as shown on the record in the variance search under the above captioned title number. SWORN TO BEFORE ME THIS 3RD DAY OF JULY, 1989 KENNETH B. ZAHLER F,'OTARY PUBLIC, STATE OF NEW YORK SUFFOLK COUNIY-NO. 01ZA-4517618 TERM EXPIRES FEBRUARY 28, 1991 AQUEBOGUE~TRACT /E~YSE CHAIN OF TITLE FOR PARCEL ~ S. BROWN TABOR & BERTHA A. TABOR TO GEORGE LATHAM JAMES F. DOUGLASS LIBER: 1410 CP 140 DATED: 2/9/29 REC: 2/11/29 (CONVEYS P/O PREM SOUTH OF CREEK) DOUGLASS & LILL~AN J. LIBER: 1410 CP 131 CONVEYS P/O PREM SOUTH TO GEORGE LATHAM JAMES F. DOUGLASS & LILLIAN J. DOUGLASS TO GEORGE R. LATHAM OF CREEK) LIBER: 2021 CP 12 DATED: 11/4/37 REC: 11/24/38 (CONVEYS ALL PREM NORTH OF CREEK) GEORGE LATHAM, a/k/a GEORGE R. LIBER: 5286 CP 33 LATHAM & ELIZABETH E. LATHAM DATED: 12/28/62 TO MARY-LOUISE BLANK REC: 12/31/62 LAST OWNER OF RECORD State of New York)SS: County of Suffolk) Elyse Wohlars being duly sworn, deposes and says: That she resides at 123 MAPLE AVENUE Riverhead New York and is over the age of 21 years and that she is the Office Manager of Aquebogue Abstract Corp. That the above are the true chains of title as shown on the record in the Variance Search under the above captioned title number. SWORN TO BEFORE ME THIS 3RD DAY OF JULY 1989 KENNETNB. ZAHLER N~TARY PUBLIC, STATE OF NEW YORK SU[[OLKCOUN'IY-NO. 01ZA~517618 TERM EXPIRESFEBRUARY 28, 1991 AQUE BO. GI~'-~B~CT OFFICE MANAGER CHAIN OF TITLE .FOR .pARCEL B JAMES F. DOUGLASS & LILLIAN J. DOUGLASS, MAUDE E. LATHAM TO FRANCES E. DOUGLASS LIBER: 3570 CP 290' DATED: 7/31/53 REC: 8/28/53 FRANCES EMELINE DOUGLASS TO NELSON DOUGLAS NELSON DOUGLAS under L/W/T of to Peter Blank Jr. PETER BLANK, JR. & GEORGE R. LATHAM JR. TO GEORGE R. LATHAM JR. LAST OWNER OF RECORD CHAIN O~F TITlE-FoR PARCEL ~ JAMES F. DOUGLASS & LILIAN J. DOUGLASS TO GEORGE R. LATHAM LIBER: 220 P 253 DATED: 7/10/31 LATHAM REC: 6/25/58 (D.O.D 5/31/58) LATHAM, as devisee LIBER: 7319 CP 561 Frances Emeline Latham DATED: 12/22/72 REC: 1/9/73 & George R. Latham Jr. LIBER: 10516 CP 141 DATED: 11/4/87 REC: 1/15/88 LIBER: 2021 CP 12 DATED: 11/4/37 REC: 12/24/38 GEORGE LATHAM, a/k/a GEORGE R. LATHAM & ELIZABETH E. LATHAM TO MARGARET L. STRACHAN, ANN L. BLISS, MARY-LOUIS L. BLANK RALPH W. LATHAM, GEORGE R. LATHAM, JR. & PETER BLANK LIBER: 5286 CP 23 DATED: 12/28/62 REC: 12/31/62 LAST OWNER OF RECORD State of New York)sS: County of Suffolk) Elyse Wohlars being duly sworn, deposes and says: That she resides at 123 MAPLE AVENUE Riverhead New York and is over the age of 21 years and that she is the Office Manager of Aquebogue Abstract Corp. That the above are the true chains of title as shown on the record in the Variance Search under the above captioned title number. SWORN TO BEFORE ME THIS / NOTARY ~ KENNETH B. ZAHLER t,'OTARY PUBLIC, STAiT OF NEW YORK SUFFOLK COUNTY-NO. 01ZA-4517618 TERM EXPIRES FEBRUARY 28, 4 AQUEBOGUE ABSTRACT wg LAR O FZCE NAGER CHAIN OF TITLE FOR pARCEL ~ S. BROWN TABOR & BERTHA A. TABOR TO GEORGE LATHAM JAMES F. DOUGLASS DOUGLASS TO GEORGE LATHAM JAMES F. DOUGLASS & LILLIAN J. DOUGLASS TO GEORGE R. LATHAM LIBER: 1410 CP 140 DATED: 2/9/29 REC: 2/11/29 (CONVEYS P/O PREM SOUTH OF CREEK) & LILLIAN J. LIBER: 1410 CP 131 CONVEYS P/O PREM SOUTH OF CREEK) LIBER: 2021 CP 12 DATED: 11/4/37 REC: 11/24/38 (CONVEYS ALL PREM NORTH OF CREEK) GEORGE LATHAM, a/k/a GEORGE R. LIBER: 5286 CP 27 LATHAM & ELIZABETH E. LATHAM DATED: 12/28/62 TO REC: 12/31/62 MARGARET L. STRACHAN NOTE: NO DEED FOUND FROM MARGARET L. STRACHAN TO KENNETH M. STRACHAN, KENNETH M. STRACHAN JR. & LIBER; 10340 30 DEIDRE E. STRACHAN DATED: 5/23/87 TO REC: 6/12/87 MARGARET L. STRACHAN LAST OWNER OF RECORD PARCEL E ORIENT HARBOR State of New York)SS: County of Suffolk) Elyse Wohlars being duly sworn, deposes and says: That she resides at 123 MAPLE AVENUE Riverhead New York and is over the age of 21 years and that she is the Office Manager of Aquebogue Abstract Corp. That the above are the true chains of title as shown on the record in the Variance Search under the above captioned title number. SWORN TO BEFORE ME THIS NOTARY ' _/ KENNETH B. ZAHL~ NOTARY PU~UC, STATE OF NE~ YORK SUFFOLK COUNTY.NO. 01ZA451761~ TERM EXPIRES FEBRUARY 28, 190] AQUE~E ABSTRACT //fOR . / n [CE MANAGER 4 ~.t44c) AQUEBOGUE ABSTRACT CORP. 123 Maple Avenue RIVERHEAD, NEW YORK 11901 VARIANCE SEARCH TITLE # AAC-796C STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELYSE G. WOHLARS, being duly sworn, deposes and says: That she resides at 123 Maple Avenue Riverhead, New York 11901 and is over the age of 21 years and that she is Office Manager of AQUEBOGUE ABSTRACT CORP. That under her direction, title was examined to the parcels of land described on the annexed Schedule and labelled Parcels: A, B, C, D and E THAT said examination, dated 6/9/89 discloses a chain of title to determine if any contiguous property was owned by an owner of property involved since the date of any previously applicable Zoning Ordinance as of 1957 And that this affidavit is made to assist the Board of Zoning Appeals to the Town of SOUTHOLD to reach any determination which requires as a basis therefore the information set forth herein and knowing full well that said Board will rely upon truth thereof. SWORN TO BEFORE ME THIS 3RD DAY OF JULY, 1989 KENNETH B. ZAHLER T:OTARY PUBLIC, STATE OF NEY/YORK SUFFOLK COUNTY-NO. 01ZA4517618 TERM EXPIRES FEBRUARY 28, ~.991 1 AQUE BOGU~,/ABS T~ACT CORP. OFFICE MANAGER Title Number: AAC-796C DESCRIPTIONS ALL that certain plot, piece or parcel of land, situate lying and being in ~he Town of SOUTHOLD , County of Suffolk and State of New York and being a described parcel County Tax Map Rolls as District 1000 Section 032.00 Block: 01.00 Lot: 004.000 PARCEL "B" ~ o__~n~orth) County Tax Map Rolls as District lO00-Section: 027.00-05.00-002.000 PARCEL "C" ~ o__~n East ~ County Tax Map Rolls as 'District GIDS BAY PARCEL ,D" .(Adjacent pn the West County Tax Map Rolls as District 1000-032.00-01.00-003.000 PARCEL !'E" ~ on ~he ~outh) PETE NECK CREEK State of New York)sS: County of Suffolk) Elyse Wohlars being duly sworn, deposes and say.~: That she resides at 123 Maple Avenue , Riverhead New York and is over the age of 21 years and that she is the Office Manager of Aquebogue Abstract Corp. That the above is the true description of the subject premises and of the adjoining premises as shown on the record in the variance search under the above captioned title number. SWORN TO BEFORE ME THIS 3RD DAY OF JULY, 1989 NOTARY ~ KENNETH 9. ZAHLER NOTARY PUBLIC, STATE OF NEW ¥0R~ SUFFOLK COUNIY*N0.01ZA-45176~.8 1ERM EXPIRES FEBRUARY 28, ~991,. AQUEBOGUE ABSTRACT ELYS~ WOHLARS ~ OFFICE MANAGER 2 .~HAIN OF TITLE FOR _.?ARCEL "A": JAMES F. DOUGLASS & LILLIALN J. DOUGLASS TO GEORGE R. LAT~AM Title No.AAC-796C LIBER: 2021 CP 12 DATED: 11/4/37 REC: 12/24/38 GEORGE LATHAM, a/k/a GEORGE R. LIBER: 5286 CP 31 LATHAM, & ELIZABETH E. LATHAM, UX DATED: 12/28/62 TO REC: 12/31/62 MAY LOUISE L. BLANK LAST OWNER OF RECORD CHAIN ~F TITLE FOR PARCEL ~ JAMES E. DOUGLASs & LILLIAN J. DOUGLASS AND MAUDE E. LATHAM TO FRANCES E. DOUGLASS FRANCES EMELINE DOUGLASS WILL : TO DATED: NELSON DOUGLASS LATHAM PROVED: SURR. 576P58 NELSON DOUGLAS LATHAM LIBER: TO DATED: THE PEOPLE OF THE STATE OF NY LAST OWNER OF RECORD LIBER: 3570 CP 290 DATED: 7/31/53 REC: 8/28/53 220 W 253 7/10/31 6/25/58 10495 CP 567 12/7/87 REC: 12/16/87 State of New York)SS: County of Suffolk) Elyse Wohlars being duly resides at 123 Maple Avenue the age of 21 years and Aquebogue Abstract Corp. That the above are the true record in the Variance Search number. SWORN TO BEFORE ME THIS 3RD DAY OF JULY sworn, deposes and sayS?That she Riverhead New York and is over that she is the Office Manager of chains of title as shown on the under the above captioned title KENNETH B. ZAHLER NOTARY PUBLIC, STATE OF NEW YORK SUFFOLK COUNTY-NO. 01/1-4517618 TERM EXPIRES FEBRUARY 28, 1991 CHAIN OF TITLE FOR PARCEL GIDS BAY CHAIN OF TITLE .~OR PARCEL ~ JAMES F. DOUGLASS LIBER: 2021 CP 12 & LILIAN J. DOUGLASS DATED: 11/4/37 TO REC: 12/24/38 GEORGE R. LATHAM GEORGE LATHAM, a/k/a GEORGE R. LATHAM LIBER: 5286 CP 23 & ELIZABETH E. LATHAM DATED: 12/28/62 TO REC: 12/31/62 MARGARET L. STRACHAN, ANN L. BLISS, MARY-LOUIS L. BLANK RALPH W. LATHAM, GEORGE R. LATHAM, JR. & PETER BLANK LAST OWNER OF RECORD CHAIN OF TITLE FOR PARCEL E Petes Neck Creek State of New York)SS: County of Suffolk) Elyse Wohlars being duly sworn, deposes and says: That she resides at 123 MAPLE AVENUE Riverhead New York and is over the age of 21 years and that she is the Office Manager of Aquebogue Abstract Corp. That the above are the true chains of title as shown on the record in the Variance Search under the above ca~tioned title number. ~. SWORN TO BEFORE ME THIS 3rd DAY OF July, 1989 AQUEB/O~ ABSTRACT ELYSE OFFICE MANAGER KENNETH B. ZAHLER NOTARY PUBLIC, STATE OF NEW YORK SUFFOLK COUNTY-NO. 01ZA-4517618 TERM EXPIRES FEBRUARY 28, 199! TRANSCRIPT OF HEARINGS SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF FRIDAY, JULY 12, 1991 Board Members Present: Chairman Gerard P. Goehringer and Members: Dinizio, Doyen, and Villa Members Absent: Grigonis (due to illness) Linda Kowalski, Z.B.A. Secretary and approximately 35-40 persons in the audience. Appl. No. 4033 Applicant(s): Randi Lacalamita Location of Property: 1395 Henry's Lane, County Tax Map No.: 1000-74-1-10 Peconic, NY The Chairman opened the hearing at 7:30 pm and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a sketch of a survey produced by Roderick Van Tuyl with no specific date indicating a penned in carport 18 by 35 in the front yard area. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Now we're ready for you. If you would kindly state your name for the record please sir. MR LACALAMITA: My name is Joseph Lacalamita, my wife is the owner of the property. CHAIRMAN GOEHRINGER: How close to the I guess that's the northerly property line at its closest point is the carport? MR LACALAMITA: It's approximately midway between the house itself and the street (Henry's Lane). CHAIRMAN GOEHRINGER: Okay, but in reference to its closeness on the side yard area, how close is it to that property line do you know? MR LACALAMITA: It's I think three feet. CHAIRMAN GOEHRINGER: Three feet. Could you measure that for us please and let us know on Monday. MR LACALAMITA: Yes I will. CHAIRMAN GOEHRINGER: Okay. The only reason why I didn't measure was I was down early one morning looking and I didn't Page 2 - July 12, 1991 Public Hearing - Randi Lacalamita Southold Z.B.A. CHAIRMAN, cont'd: want to go traipsing around your property looking for monuments or anything of that nature. Okay? Is there anything you would like to state for the record? MR LACALAMITA: Well, my father-in-law who's a graphic artist did the sketch and on the bottom of the sketch I'm sure you have a copy of it. It said, carport to be settled with blacktop driveway. I got a copy of it with notations that it was approved, unfortunately, on the sketch it said that it was going to be with a blacktop driveway. Unfortunately he didn't read this green piece of paper that said that it had to be in the back the yard. Well if it was to be put in the back of the yard it would be feasible because it's too narrow to drive four vehicles. He never intended to bangle or break the law and the structure cost over, close to $4,000. and we' re seeking relief because it's a little expensive to tear it down, so we're looking for relief. CHAIRMAN GOEHRINGER: How long has it been up? MR LACALAMITA: Since May. CHAIRMAN GOEMRINGER: This past May? MR LACALAMITA: Yes. CHAIRMAN GOEHRINGER: And you're planning never to enclose it? MR LACALAMITA: Never to enclose it no% CHAIRMAN GOEHRINGER: And it presently houses four cars? approximately MR LACALAMITA: Yes. CHAIPJ~AN GOEHRINGER: Alright. And you will call us and tell us how close it is to that closest property line on the side. MR LACALAMITA: How soon will we know because they're anxious to know? CHAIRMAN GOEHRINGER: Probably in about a week or ten days. MR LACALAMITA: Very good. I'll call you back and you want to know from one property .... CHAIRMAN GOEHRINGER: I want to know from the front monument on Henry's Lane, how close it is and I want to know how close it is to that closest property line, which is really like the Page 3 - July 12, 1991 Public Hearing - Randi Lacalamita Southold Z.B.A. CHAIRMAN, cont'd: northwest side. MR LACALAMITA: Very good. That's it? CHAIRMAN GOEHRINGER: That's it. MR LACALAMITA: Thank you very much. CHAIRMAN GOEHRINGER: Does anybody else have any other questions for this gentleman? (He's gone). I'm sorry we had a discussion concerning the individual setbacks myself and the Board since the hearing. I had no idea he was leaving. I'm sorry I apologize. (UNIDENTIFIED): Do you want us to call him back? CHAIRMAN GOEHRINGER: No that's alright. MEMBER DOYEN: No unless someone had a question. CHAIRMAN GOEHRINGER: I mean I think he pretty much answered all our questions. Did you have any questions? MEMBER VILLA: The only question I had was, did I hear him say he couldn't drive to the backyard? MEMBER DOYEN: It seems that he did say that. CHAIRMAN GOEHRINGER: Well I think the property falls away in the back. MEMBER DOYEN: He's got a 21 foot offset on that side. CHAIRMAN GOEHRINGER: Yeah I know. Alright well we're going to get the approximate side yards that this thing and the front yard that this thing is off so we'll make a determination at that point. MEMBER DINIZIO: What was submitted to the building department? MS KOWALSKI: That was what was submitted to the building department. MEMBER DINIZIO: This, right here? MS KOWALSKI: That yes and I have another one. MEMBER DINIZIO: I'm wondering how he could have approved that. Page 4 - July 12, 1991 Public Hearing - Randi Lacalamita Southold Z.B.A. MS KOWALSKI: And this. Do you have a copy of the building permit. CHAIRMAN GOEHRINGER: Yes. MEMBER DINIZIO: So okay. CHAIRMAN GOEHRINGER: Is there anybody else who would like to speak in behalf of this application, either for or against? Seeing no hands (TAPE CUT OFF) Appl. No.: 4028 Applicant(s): Richard Oliveri Location of Property: Crescent Ave, Fishers Island, County Tax Map No.: 1000-6-6-20.5 CHAIRMAN GOEHRINGER: (TAPE CONTINUED) That has been again postponed, so we will continue that postponement and I will offer a resolution postponing it without a date at this particular point. ALL IN FAVOR - AYE Appl. No.: 4036 Applicant(s): Ellen Braunstein Location of Property: Corner of Wendy Dr and Pec. Bay Blvd., County Tax Map No.: 1000-128-5-7 Laurel, NY The Chairman opened the hearing at 7:45 pm and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of the survey produced by Alden Young, dated October 1, 1975 indicating a one story frame house almost perfectly centered in the property, a little more toward the rear of the property. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. It appears that the application that is before us is for an addition to the rear of the dwelling which is approximately 15 x 15. We would like to ask the agent for the applicant if he would like to speak please. Just state your name for the record if you would? MR REILLY: Norm Reilly, president of A. Reilly and Sons. you have any questions I would be happy to answer them. CHAIRMAN GOEHRINGER: This will be a permanent addition to the rear of the dwelling? If MR REILLY: That's correct. It's attached. Page 5 - July 12, 1991 Public Hearing - Ellen Braunstein Southold Z.B.A. CHAIRMAN GOEHRINGER: What kind of foundation will it be? MR REILLY: It will be according to the building codes of the Town of Southold, State of New York, we'll have a crawl space and it will be framed according to the building codes. CHAIRMAN GOEHRINGER: And I assume the setback I believe is 35 feet and you will have if the Board is so willing to grant this application, a 25 foot setback so you are looking for a reduction of approximately 10 feet? MR REILLY: That's correct. CHAIRMAN GOEHRINGER: What is the approximate offset off the corner of the house? MR REILLY: Approximately 5 feet. CHAIRMAN GOEHRINGER: Okay great. I don't have any other questions, it's a one story addition right? MR REILLY: Yes. It will, slope roof, a. couple skylights and that will be that. CHAIRMAN GOEHRINGER: Does anybody have any problems with that? MEMBER VILLA: Yeah, are they going to leave all of that dense landscaping intact back there, you're not going to take any of that. MR REILLY: That's correct, nothing will be touched back there at all. CHAIRMAN GOEHRINGER: Does anybody have any other questions? I have no problems with this application I'll make a motion to approve it as applied for. ALL IN FAVOR - AYE. Page 6 - July 12, 1991 Public Hearing - Mary and Peter Blank Southold Z.B.A. Appl. No.: 4032- and 4040 Applicant(s) Mary and Peter Blank Location of Property: Peter's Neck Road, Orient, NY County Tax Map No.: 1000-32-1£part of 2 and 4 also lot 3 The Chairman opened the hearing at 7:50 pm and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a map produced by Young and Young or Howard Young the most recent date is June 4, 1991. Indicating parcel one which is an area which is the nature of this application of 1.6461 acres and parcel two an area of 1.7478 acres and I have a copy of the Suffolk County Tax Map this and surrounding properties and for the record this was a condemnation I believe by the New York State Department of Environmental Conservation and these are the remainder parcels left from that condemnation. Mr. Angel would you like to be heard concerning this? MR ANGEL: Yes I would. CHAIRMAN GOEHRINGER: you? It's so nice to see you again. How are MR ANGEL: I haven't been here in a while. CHAIRM3~N GOEHRINGER: Yes you haven't. MR ANGEL: Really not since Bob Villa got on the Board. his pavilion face it's a different setting. Can I, do I speak into the microphone? CHAIRMAN GOEHRINGER: Unless anybody complains. With MR ANGEL: I prefer just not standing back and addressing you directly in the bank. CHAIRMAN GOEHRINGER: You can hear it? MS KOWALSKI: I think so. I'll let you know if I don't. MR ANGEL: I'll speak loudly. Does the audience want, do they hear better if I speak in the mike. CHAIRMAN GOEHRINGER: There's a microphone right here. MS KOWALSKI: It might be better. MR ANGEL: I'll do whatever you want me to do. Page 7 - July 12, 1991 Public Hearing - Mary and Peter Blank Southold Z.B.A. MS KOWALSKI: You better use the mike, that would be better. CHAIRMAN GOEHRINGER: You know what you could do, you could pull that table over if you wa~ted to use it. MR ANGEL: Is it better if I speak to the mike? Mr. Goehringer was correct this is an application for variances of lots that were in fact reduced in size as a result of condemnations by the New York State Department of Environmental Conservation, the DEC. As I said my name is Stephen Angel I represent the applicant, an attorney in Riverhead and what we're seeking here are a series of variances from your Board. A front yard variance as your Board describes front yards, from about 60 feet to 40 feet and a rear yard variance from 100 feet to 60 feet. A lot depth variance from 400 feet to 40, but the way you measure your lot, the way you define lot depth, did I say rear yard or depth, lot depth is sort of unusual in the ordinance and the nature of our variance here is not going to be as great as it sounds as you see in the survey. And finally a lot coverage variance, we want to increase the permissible lot coverage in this five acre zone from 5% to approximately 16% and 24% given the remaining parcels. Now Mr. Goehringer identified a survey or a couple of surveys I think that were prepared by Young and Young in this case. We have updated those surveys and I would like to present essentiality the same surveys to you with some additional information on them and they most recently revised today. The first survey which is marked as "A" is a survey of the area showing the building envelope that we are requesting. The ones showing the variances that we are requesting. It has bunch of information on it, which you have on those other surveys but it also includes the 5 foot contour from the Suffolk County Topo. And the precise measurement of the depth of lot as measured by your ordinance. In addition to the other stuff that you see on the one that's already been submitted and with your permission Mr. Goehringer I would like to hand this out. I have a bunch of copies for you, how many would you like? MS KOWALSKI: About six would be great. MR ANGEL: How we produce this. I think Howard is ..... Now I have a survey also prepared by Young and Young which is delaminate "B" which shows the extent of the building envelope if all setback requirements were adhered to, given the lot configuration we're left with. Or the lot configurations we're left with after the DEC taking and you will see it's dramatically less. If you look at those parcels and they're both shown on Plain "B", parcel one Page 8 - July 12, 1991 Public Hearing - Mary and Peter Blank Southold Z.B.A. MR ANGEL, cont'd: originally consisted of 4.1742 acres, parcel two originally consisted of 9.1525 acres all of the land not remaining was taken by the DEC on October 26, 1990. We're left with as you said Mr~ Goehringer parcel being 1.6461 acres and parcel two being 1.7478 acres clearly less then what's required under the 200 square foot minimum zoning requirement in this zone. Now I've mentioned to you briefly what the requested variances are, I don't think that I need to go over with them again. We respectfully submit that in this situation we have a practical difficulty, obviously the difficulty was created by the condemnation for the record we have opposed the condemnation from day one, the Blanks of the many people who were involved in the, as lot owners, condemnation conducted by the DEC were perhaps one of two or three that have actually not sit with the DEC they fought it out and tried to maintain their property and did not arrive at a voluntary agreement. There's no self created hardship by doing this. As I said the DEC took their property there is not even an agreement as to price on their property. That is going to be the subject of a claim in the court of claims. The variances that we're seeking I respectfully are not as substantial as they seem at first glance. The property around that is developed on lots are not in the, certainly are not 5 acres, the ones on Peter's Neck. There are some that are small there. More over the lot sizes themselves that we're left with are surrounded by a tremendous amount of open land that the State has taken, it used to be part of it. We're not in a situation where by allowing the development of these two parcels you are creating houses on what are going to appear to be smaller parcels. They-are going to be surrounded hopefully in perpetuity by the large expansive DEC acquired wetlands. It's not going to effect the substantial change in the character of the community, we can't solve the problem other then by getting variances from you. I should point out in this regard that in all their conversations and in all their approach to dealing with the Blanks the DEC has taken a position that what is remaining, in other words these parcels one and two that you see, are buildable parcels. They have made payments to Mr. and Mrs. Blank in accordance with law, they have to make an advance payment and those advanced payments are predicated on these two parcels being buildable. I'm not saying you are bound by that, but the DEC has treated it as such. It's not like they required or paid for the use of these parcels. They have assumed through purposes of their condemnation that we can get a building permit on each one of these parcels. CHAIRMAN GOEHRINGER: Why did they do that Mr. Angel rather than allowing the variances to occur first? Page 9 - July 12, 1991 Public Hearing - Mary and Peter Blank Southold Z.B.A. MR ANGEL: They wanted to take the property. Their timetable is their own. They just did it. They were convinced, in my conversations with them, know whether they are wrong or right they were just convincing, based upon unidentified conversations with people in this town that they were going to remain as buildable parcels. They never explained to me why they were convinced of that. Though I have had numerous discussions about the value of property and they have always taken the position, that what remains are two building lots. But as far as waiting for a variance, I personally think that they have an agenda, they wanted to acquire a whole bunch of properties in Orient. The properties were acquired under funds that were made available back in 1972 on the 1972 environmental bond act. They developed their agenda and they just went ahead with it. I don't think that they made municipal approvals. There wouldn't be municipal approval applications on anything that they did in the Orient positions. CHAIRMAN GOEHRINGER: Thank you. MR ANGEL: The other thing that is involved in this application is there's also a 280A application because we are building on a private road. That's a little bit of an interesting question, because I think 280A requires an application for a variance to build on a road that's not part of the official map. If you look at your official zoning map the road is on that map. I leave it to you people to decide whether the 280A application would be necessary in this case. I believe that when my associate John Wagner checked into the necessity of the 280A application there was a subdivision done at the end of Pete's Neck off this road within the last few years, a minor subdivision and I don't believe that that had a 280A application. That doesn't necessarily mean that we shouldn't, but I want to bring that to your attention. We previously submitted single and separate certificates that go back until 1962, we're led to believe that in 1962 and even prior there to has been thereafter for a few years the town uniformly allowed divisions to these large lots without the necessity, especially where there's only a five lot and four lot subdivision, not be a necessity of minor subdivision frugal. I'm here and the Blanks are here to answer any of your questions. CHAIRMAN GOEHRINGER: How long has this road been in existence? MR ANGEL: Well the road was created as a separate parcel in 1962. How long is it physically been there? Page 10 - July 12, 1991 Public Hearing - Mary and Peter Blank Southold Z.B.A. CHAIRMAN GOEHRINGER: Yeah. MR BLANK: 1938. CHAIRMAN GOEHRINGER: And how long has it been in actually improved to the point of either asphalt or some sort of hard base surface. MR BLANK: 1955, something like that. CHAIRMAN GOEHRINGER: Thank you. MR ANGEL: And there's one thing that by the way John was going to be here tonight, but somebody is ill in his family, he could be here so I'm handling this all by myself. He promised that he'd bring Linda a copy of the Peconic Bay Estuary CEA, the critical environmental area map and a resolution. It is possible, again I'm not sure, that we fall within that area. I'm not as you can see from looking and I have an extra copy of this map, as you can see from looking at it is not a very paced boundary. CHAIRMAN GOEHRINGER: We've had that trouble with the flood plain maps, I assure you. MEMBER VILLA: Jerry could I ask you a question? CHAIRMAN GOEHRINGER: Sure. MEMBER VILLA: Mr. Angel, I don't have' a problem with the 40 foot setback from the front,i from the road too much, but looking at the parcels, looking at parcel one, just working off this as a one inch equals 100 feet, it would appear that the depth of parcel is about 60 feet plus or minus. The building envelope. Now, the Trustees will require a 75 foot setback from the wetlands, have the Trustees been approached at all on this? MR ANGEL: No they haven't. The reason, in fact, I'm going to brutally honest with you, I'll just tell you what happened in this application. When we originally drew the, or asked Howard Young to draw the lines, we suggested a 75 foot setback from the wetlands line and Howey told us, Howeys very familiar with this area. Howey was the surveyor for the DEC on all the acquisions and has been involved in applications representing people on both sides and he suggested the setbacks that we have now because I guess with the DEC taking he was familiar with the DEC approving a setback similar to the ones that you see here. He had made that suggestion to give us more area in which to deal with Page 11 - July 12, 1991 Public Hearing - Mary and Peter Blank Southold Z.B.A. MR ANGEL, cont'd: the zoning, more area to deal with placing the structures for a house. MEMBER VILLA: Well I just, I ~as just wondering if your clients would you know if you reduce that 60 foot plus or minus to meet the 75 foot from the wetlands you still have a 35 foot building envelope and most houses aren't 35 feet in depth. MR ANGEL: Which one are you talking about parcel one or parcel two? MEMBER VILLA: Parcel one. Parcel two you even have a greater depth with that one is about 90 feet plus or minus. MR ANGEL: Well needless to say, we like the flexibility, certainly 35 feet to build a house is sufficient, but here you are talking about, we want an area that may be sufficient to place a deck or a pool, we don't know what's going to come in ultimately when an application is made to build a house. We realize that we have to make an application to the DEC after we come before you and we have to make an application to the Trustees, all of those applications will be made. So if I have a way to, if I can take a position I would sooner have the building envelope as it appears on the survey and then make my application to the Trustees and deal with their setback before that Board. MEMBER VILLA: They are looking down a loaded gun, so to speak, because you have already gotten'a variance from us. MR ANGEL: We haven't gotten a variance from them though. MEMBER VILLA: No. I know. But it makes it more difficult. That's why I was wondering if you could live within the existing setbacks without requiring the variances. MR ANGEL: Well to be honest with you, I think that parcel one, there would be a diminution in value in the lot if we went to a 35 foot, if we went to the 75 foot setback. Parcel two is more, is... MEMBER VILLA: Yeah it's 90 feet. MR ANGEL: Is a bigger area, we have more room to play with. Once you get down in this area, I don't know if you have visited the property Bob, you have, it's magnificent property. MEMBER VILLA: Oh yeah. Page 12 - July 12, 1991 Public Hearing - Mary and Peter Blank Southold Z.B.A. MR ANGEL: I mean it's one of the two nicest lots I've seen since I've been practicing on Long Island. In my opinion, the constriction of the building envelope in lot number, given by that additional 50 fe~t, may make a substantial difference in value to the parcel, because you are looking at a parcel that is going to appeal to somebody with means. MEMBER VILLA: Well you are talking about a deck or something, would they be at all adverse to restricting a major, you know a major building where you would require a foundation and everything else to the 75 foot. MR ANGEL: I haven't laid it out but, it sounds, we certainly could look at that. The idea of the building envelope since nothing has been designed as yet and we're left with the condemnation facing us that assumes that you guys have done all this is to find out whether we do have the right to build on those lots, certainly that's an important issue for us in facing the condemnation part. But you know, I mean I can't, we haven't analyzed that setback, but it seems to me that if the house is, if the foundation is sufficient enough for a house and there is more room which could fit deck and other accessory structures could probably be easily livable. CHAIRMAN GOEHRINGER: Any other questions? MEMBER DINIZIO: Just as far as size is concerned of parcel one, what is the footage, the road frontage of the buildable lot? I ... MR ANGEL: What is the what? MEMBER DINIZIO: The road frontage of the buildable parcel. There is no measurements on here so I really can't. CHAIRMAN GOEHRINGER: Yeah, they are Jim, it appears it's a 298 + 146 + 99. MEMBER DINIZIO: No, no I'm talking about just this part. MEMBER VILLA: You're talking about the envelope. MEMBER DINIZIO: Just right here. CHAIRMAN GOEHRINGER: Oh, the envelope. MR ANGEL: We could scale that off. It's 140, 1 inch equals 40 or 1 inch equals 100. CHAIRMAN GOEHRINGER: 1 inch equals 100. Page 13 - July 12, 1991 Public Hearing - Mary and Peter Blank Southold Z.B.A. MR ANGEL: What does that look like Bob about 160, 1757 MEMBER VILLA: Probably more t~en that about 180. MR ANGEL: Okay 180. And the other one's maybe 200. We have no expectation that there would be structures in that entire area. What we've chosen is a building area in which we can impose the structures. I don't think there's any intention of developing a 24% coverage on this lot with impervious materials, you know we would, if you felt it necessary to limit the percentage of coverage to something less then that if it fit in this area we would have no objection to that. What we want is ... MEMBER VILLA: That's an area where you could put a house. MR ANGEL: An opportunity, yeah an area where we could put a house potentially a pool if they wanted it potentially a deck. Some area where we can locate those structures, that's what we're looking for. CHAIRMAN GOEHRINGER: When you referred to the 16% of lot coverage, Mr. Angel, you are referring to lot number one or lot number two? MR ANGEL: 16% is lot, the 16% lot coverage is the total building envelope shown on "A" for lot number one, given the reduced size of the lot. The 25%, and it's slightly more than that, it's shown on the map by the way, the computation, all these computations are on that new map. You'll see it on the side, it's 24.7 and 16.8 and it shows it Jerry on the right hand side. CHAIRMAN GOEHRINGER: Yeah. I see it now. I was still going back to the first map. MR ANGEL: If you use this .... By the time Howey prepared this today he put on just about everything. The only thing we don't have on is the flood zone, which I tried to read and is either A6 or B something. CHAIRMAN GOEHRINGER: We have a copy for you if you want it. MR ANGEL: I have a map too. But as you know, the flood zone questions are going to, they'll have to be determined at a construction phase, if whatever the construction requirements of the particular zone we're just going to have to move them. CHAIRMJ~N GOEHRINGER: Right. Does anybody else have any Page 14 - July 12, 1991 Public Hearing - Mary and Peter Blank Southold Z.B.A. CHAIRMAN, cont'd: further questions concerning this? Anybody in the audience like to speak concerning this application? Seeing no hands,.Mr. Angel, I assume we'll continue with the deliberation~ after this and any other further questions gentlemen? Okay. Hearing no further questions we thank you for your presentation and I'll make a motion to close this portion of the hearing reserve decision until later. We'll extend this hearing until Monday in receipt of information from the Planning Board concerning the subdivision in this area. MS KOWALSKI: Just a written part of the record. CHAIRMAN GOEHRINGER: Written portion. ALL IN FAVOR - AYE. Appl. No.: 4034 Applicant(s): Anthony and Maria Mercorella Location of Property: 2260 Peconic Bay Blvd., Laurel, NY County Tax Map No.: 1000-145-4-4 The Chairman opened the hearing at 8:15 pm and read the notice of hearing and application for the record. CHAIRMAN GOEHi~INGER: I have a copy of a sketch of the plan, the placement of the building appears to be in the same position as it was in 1990, the difference and the nature of this application appears to be the fact that we are now asking for a second story accessory dwelling for storage purposes. How do you do si~., would you kindly state your name. MR MERCORELLA: Mr. Goehringer, my name is Anthony Mercorella I'm the applicant. CHAIRMAN GOEHRINGER: How do you do? Is there anything you would like to state for the record Judge? MR MERCORELLA: Yes, we would rather put the preliminary plans together rather hardly after remodeling the which is located on the same piece of property and so that we did not consult at length with an architect. But this house, after having dispensed with certain sums of money to remodel it, leaves us short of any storage area. We have no basement because of the wetland situation, we have no attic space because of the height restrictions and we have a half acre of property and we do have a deck, we have considerable garden furniture and I do a lot of gardening and we need to store our gardening equipment and our garden furniture and other Page 15 - July 12, 1991 Public Hearing - Anthony and Maria Mercorella Southold Z.B.A. MR MERCORELLA, cont'd: things we are intending to everyday living in some area other than the house. The house itself when we applied, when we built the house we conformed to the original envelope, the original foot. We didn't apply for a variance with respect to that. So it's a question of convenience, the story this time and also we want to conform the accessory dwelling to the existing house, so there would be some symmetry. We had previously asked for a, a pull down ladder, but that wouldn't afford us the excessive building to store these rather large things upstairs. Also we intend to buy a boat perhaps and we would like to store that in the garage and that would preempt us from any necessary storage space. Basically that's it. CHAIRMAN GOEHRINGER: Could you tell us the purpose of the half bath on the second story. MR MERCORELLA: The half bath is really a, I would want a sink and a toilet basin so that I'm in the garage or in the little work shop that I would like to put in the garage I don't have to run back to the main house. CHAIRMAN GOE~tRINGER: Will the building be heated in any way? MR MERCORELLA: No sir. CHAIRMAN GOEHRINGER: Okay. I thank you so very much. Before you sit down, does anybody have any questions from this gentleman? Thank you so much. Is there anybody else who would like to speak either in favor or against this application? Seeing no hands I'll make a motion closing the hearing reserving decision until later. ALL IN FAVOR - AYE. Appl. No.: 4035 Applicant(s): Mr. and Mrs. Eugene Croasdale Location of Property: 595 North Parish Drive, County Tax Map No.: 1000-71-1-6 Southold, NY The Chairman opened the hearing at 8:20 pm and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a sketch, it's actually a site plan produced by Garrett A. Strang Architects, the most recent date is June 19, 1991 indicating the proposed garage addition approximately 13 feet from North Parish Drive and it appears 16 feet wide and approximately 22 feet deep and approximately 4 feet from the westerly property line. I have a copy of the Suffolk County Tax Map indicating Page 16 - July 12, 1991 Public Hearing - Mr. and Mrs. Eugene Croasdale Southold Z.B.A. CHAIRMAN, cont'd: this and surrounding properties in the area. How are you Mr. Strang? MR STRANG: I'm fine thank you~ yourself? CHAIRMAN GOEHRINGER: Good, thank you. MR STRANG: The application I think pretty much states what we're trying to accomplish here. We have an existing house that was built probably somewhere in the mid sixties, mid to later sixties. It does not have a garage. My client, Mr. Croasdale, is not the original owner or the person who built the house, he's purchased it I guess in one of the resent years and is the second or third owner. He has a need for a garage. The placement of the house, I guess at the time it was built it was set with a minimum front yard, now for what reason I can't say. I believe that the front yard, existing front yard was in compliance with the zoning at the time it was built. And we have no real alternative as far as a placement for a garage on this property. There is a driveway there presently where he can park his car on site, but again we'd much rather prefer to be able to house his car in the garage and since we can't put the garage in the rear yard and there's really no room to place it on the side, given the side yards as being what they are. We're left with this as our only alternative for the placement of the garage. CHAIRMAN GOEHRINGER: It's an interesting situation because we have been wrestling with the differences between front yards and rear yards in waterfront parcels for years and the problem that we have is that we always wanted enough area so that if the garage door was closed, the car would at least being outside of the garage would be on the person's property and not hanging out into the road and that's one of the problems that we have here with this particular application, unless you had a Honda civic, the car is going to hang out into the road. MR STRANG: Well the reason if you'll note on the site plan did indicate that although the property line is given, the actual right of way is wider than the actual pavement which is normal in most communities today and the edge of the pavement is depicted on the site plan and there is a 25 foot dimension from the edge of the pavement to the garage if they were parked in the front of the garage, so in essence, although the vehicle would not be totally contained within the property, it still would not extend out into the public traveled road. CHAIRMAN GOEHRINGER: Okay and what is the purpose of the 4 Page 17 - July 12, 1991 Public Hearing - Mr. and Mrs. Eugene Croasdale Southold Z.B.A. CHAIRMAN, cont'd: feet from the, I assume that's west.. MR STRANG: The 4 foot side yard on the west is presently as you see noted on the site planlthere is an existing entry porch which is our intention to become a basic vestibule transition area. There is a door that comes from presently, that comes from this porch and enters into the kitchen area, which is in what I'll refer to as the southwesterly corner of the house, that is the garage, I'm sorry is the kitchen and there is a door from the kitchen out into this area that's noted as a porch, so the 4 foot is sort of dictated so that we have 3 feet left over if you will from the existing corner of the house to allow entrance into this area without having to walk through the garage and get to the door to the kitchen. CHAIRMAN GOEHRINGER: What's the approximate height of the garage wall in that 4 foot setback area. MR STRANG: It would be a normal 8 foot wall, obviously probably one course of block or cell above grade, because 8 inches is mandated by code to be from existing grade to the beginning of framed structure, so we'd be looking at maybe 9 feet to the plate line and then give a little. CHAIRMAN GOEHRINGER: both sides. MR STRANG: That's right imagine at the present time. base to the road as I CHAIRMAN GOEHRINGER: I don'~ have any other questions. Does anyone else have any questions? Mr. Villa? Dinizio? MEMBER DINIZIO: No. MEMBER VILLA: I know why you have the three foot offset, but is it really a problem to line up the garage so you'd have a 7 foot offset, I mean we normally require what's it 10 feet? CHAIRMAN GOEHI~INGER: Yes. MR STRANG: The side yard would normally be 10 feet in this district, yes. If we were to slide over the other 3 feet that would basically mean you'd have to walk through the garage to get into the vestibule if we go that particular transitional area and into the kitchen, through the kitchen door, so we did shift it off to the side specifically so that you could have a door at that point or opening or someway to get into this transitional area to get into the kitchen without having to open the garage door per say and walk Page 18 - July 12, 1991 Public Hearing - Mr. and Mrs. Southold Z.B.A. Eugene Croasdale MR STRANG, cont'd: through the garage. MR VILLA: I realize that but you still, even if that we would have to grant a variance~because it would be 7 feet instead of 10. MR STRANG: That's true. Even if it were to be in alignment with the corner of the house we would need a variance still for the side yard and it really, we did look at the possibility of shifting it further to the east which would prevent, would present a difficulty in that we have a window in the kitchen, the only window in the kitchen is basically right on that corner of the house facing the southerly direction and we would then be coming over that window and not allowing any natural light to come into the kitchen. CHAIRMAN GOEHRINGER: Also the other thing would be of course if the Board would grant any type of alternate relief or this application as it stands, it will clearly state that there would be no closing of any other side yards and the other side yard would be the east side yard. MR STRANG: That's right I don't see any reason why we would have (microphone not picking up) no further encroachment on the other side that would maintain a 17 foot side yard. CHAIRMAN GOEHRINGER: Okay. We'll see what else develops, thank you very much for your presentation. Is there anybody else who like to speak either for or against this particular hearing? Seeing no hands I make a motion closing the hearing reserving decision until laker. ALL IN FAVOR - AYE. Appl. No.: 4024 Applicant(s): Ronald Stritzler, M.D. Location of Property: 3055 Soundview Ave, Mattituck, County Tax Map No.: 1000-94-1-14 The Chairman opened the hearing at 8:30 pm and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: One behalf of Dr. Ronald Stritzler it is a hearing that we have postponed from the last regularly scheduled meeting and, Doctor, you have patiently sat there through the major portion of our hearings tonight and you are very welcome to speak, we do have some questions of you. DR STRITZLER: I'm the applicant and I would be happy to answer any questions or address the issue of why we selected Page 19 - July 12, 1991 Public Hearing - Ronald Stritzler, Southold Z.B.A. M.D. DR. STRITZLER, cont'd: this however you wish. CHAIRMAN GOEHRINGER: Why don't you address that issue of why you selected that area. ~ DR STRITZLER: For those of you who have seen the property I think, would recognize that the contours of the property are very steep and there are numerous trees throughout as well as lawns and gardens and berms that we have worked on for quite a few years now. The particular site that we have chosen is one where we have a vegetable garden many years ago and we know it's been level and although there has been some incredible pollination and growth there over the years, it looks a lot like the amazon jungle. There is actually very few trees that have to be taken there as opposed to any other conceivable site where there would be more than 24 trees that we have calculated. There, there may be at most 4 and only 2 and obviously both the cost involved in leveling the land and the environmental effect have made this a seemingly the most preferable site. And also there's an issue here that we can punch in right from the road with the equipment necessarily, excuse me, do the tennis court, whereas at , actually any other site the equipment would have to come on our land and would certainly cause some problems in terms of lawns and gardens we have. CHAIRMAN GOEHRINGER: Dr. the approximate size of the court itself, is how wide? DR. STRITZLER: It's approximately 120-feet in length, maybe 140 feet, I forget frankly, by 65. I'm not, frankly I've forgotten those exact measurements, I didn't look at the dimensions before I came, I'm sorry. CHAIRMAN GOEHRINGER: Right. And the fence you're proposing is 8 feet or 10 feet? DR. STRITZLER: 8 feet, it's an 8 feet fence, said by the person to put it up to be "invisible". It's not a chain-link fence by the way. CHAIRMAN GOEHRINGER: Oh, it's not a chain-link. DR. STRITZLER: It's not a chain-link fence, it is a that is much less visible than a chain-link. CHAIRMAN GOEHRINGER: And the court will not be lighted? DR. STRITZLER: It will not be lighted. Page 20 - July 12, 1991 Public Hearing - Ronald Stritzler, Southold Z.B.A. M.D. CHAIRMAN GOEHRINGER: Well we'll go over to my other two gentlemen over there, fellow Board Members, and ask them if they have any questions concerning this application. MEMBER VILLA: My only concern is that it's quite close to the neighbors house, the neighbors house is very close to his property line and that's why I was wondering if it couldn't possibly be shifted to some extent. DR. STRITZLER: I'm not sure, which house? MEMBER VILLA: Well on the survey it says something about Rodney W. Cane or John Miller I'm sorry. CHAIRMAN GOEHRINGER: John Miller. DR. STRITZLER: That property there, there's no house there, I actually spoke to the man who's actually willing to come here with me to support my presentation actually. So in terms of that particular man, there is no objection. In terms of fixing it, I would be willing to shift it to any reasonable degree, but the shifting will then involve the knocking down of trees, to a significant number. CHAIRMAN GOEHRINGER: Any other questions? Dr. we thank you so much for coming in and it's a pleasure meeting you. I was up the other night in between, the lights were on, not in the house, there were some spot lights on, I did run up with my old pick up and I did look at the area.. It's a beautiful piece of property. Absolutely magnificent. DR. STRITZLER: Thank you very much. CHAIRMAN GOEHRINGER: We'll do the best we can for you. Thank you again. Hearing no further questions I make a motion closing the hearing reserving decision until later. ALL IN FAVOR - AYE. Page 21 - July 12, 1991 Public Hearing - Joan and Richard Zeisler Southold Z.B.A. Appl. No.: 4036 Applicant(s): Joan and Richard Zeisler Location of Property: 700 Jackson's Landing Rd, Mattituck, County Tax Map No.: 1000-113-4-9 NY The Chairman opened the hearing at 8:35 pm and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a survey produced by Roderick Van Tuyl P.C. dated July 11, 1991 indicating a proposed garage in the dotted postage stamp area that most surveyors usually use showing approximately 23 feet from the front property line, 9 feet from the southwesterly property line and somewhat falling within the normal conformities of the existing dwelling. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Mr. Zeisler would you like to be heard? MR ZEISLER: First of all I just want to say it's Joan not John Zeisler. MS KOWALSKI: Oh. That's a typo. I'm sorry. MR ZEISLER: I'm now calling her Joan. We're moving out here permanently and we really need the garage for just storage space, we're going to have ground. There's going to be no becoming a nuisance. Certainly an accessory building as a garage and a storage space above and on the rear walls. You know the normal. CHAIP/~AN GOEHRINGER: Okay. ~ Is it going to be a one story garage? MR ZEISLER: Well it's the same, I'm sorry, here is what it's going to look like. CHAIRMAN GOEHRINGER: Okay. MEMRER VILLA: buildings. It's the same height as all the other CHAIRMAN GOEHRINGER: Ail the other attached buildings. Okay and what's the approximate size 20 X 20? MR ZEISLER: 20 X 20. And we're not doing any excavating, it's going to be on a slab. Do you want to see a nice picture? CHAIRM3%N GOEHRINGER: Really nice. I remember when we had the original Flood law variance. Thank you. Ail those Page 22 - July 12, 1991 Public Hearing - Joan and Richard Zeisler Southold Z.B.A. CHAIR/~AN, cont'd: portions of those buildings were actually brought in, were they brought in separately or were they built on site. MR ZEISLER: No, they were all built, everything was built on site. CHAIRMAN GOEHRINGER: Everything was built on site. MR ZEISLER: And as I say the DEC will give a letter of non- use decision. We have over the 10 and half feet in the width. We haven't gotten it yet, but they told me on the phone, with the 10 and half feet and where as we have DEC approval for everything else and this is the furthest away from the water so. CHAIRMAN GOEHRINGER: Great. Thank you very much. You want your get a picture back right. We have a tendency to keep pictures, do want this back? MR ZEISLER: Yeah, that I need. CHAIRMAN GOEHRINGER: That's alright as long as I have the site map. Thank you. Is there anybody else who would like to speak in favor or this application? Is there anybody who would like to speak against the application? Hearing no further comments, I make a motion closing the hearing reserving decision until later. ALL IN FAVOR - AYE. (Hearings transcribed by tape, not present at hearings) APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD ,OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 August 13, 1991 Mr. Richard C. Ryan, Regional Supervisor N.Y.S. Department of Environmental Conservation Building 40 - S.U.N.Y. Stony Brook, NY 11790-2356 Re: ZBA File Nos. 4032 and 4040 - Peter and Mary Blank Your Letter of August 2, 1991 Dear Mr. Ryan: We have prepared the copies with certification as requested by you concerning the above project. Please forward to our office a check in the sum of $30.00 in payment of 120 copies at the town's rate of $.25 per page. Since we understand these parcels are the subject of litigation between the State and the property owner, you may wish to have someone pick up the copies instead of having it mailed to you. Ver~ truly yours, Linda Kowalski Fax Transmission to 751-3839 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN O~ SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 CERTIFICATION TO WHOM IT MAY CONCERN: Attached is a complete set of photocopies of the documentation made a part of the record under ZBA No. 4032 and No. 4040 up to and including August 13, 1991. I hereby certify that I have compared these copies with the original files and find them to be a true and accurate reproduction of same. Dated: August 13, 1991. Linda F. Kowalski, Secretary Southold Town Board of Appeals CO~L~£CT~D COPY B/~e ~ntro. Res, NO. ~?07-88 La~ o~ TahOe 7/~2/~ ~n~od~¢ed by Legislator ~ie~e R~SOLUTION NO. - 1988, ADO~NG LOCAL LAW NO. ~AR 1988, A CHARTER LAW TO THE DESIGNATION OF CRITICAL E NVI RO~ ENTAL AREA (~CONZC BAY) WHEREAS, there wag duly p~esented and introduced to local !aw entitled, "A CHARTER LAW TO ~X PAND THE DES :GNATZON aESOL~D, ~a: ~a~d ~ocal law be enacted in f%~a~ form a~ EOl~ow~: LOCAL LAW NO. YEAR 198~, SUFPOLK COUNTY, N~ A CHARTER LAW TO EXPAND THE O~SIGNAT~ON OF CRiTICA~ ENVZRO~ENTAL AREA BE IT ENACTED By THE COUNTY LEGIS~TSRE OF THE COUNTY OF SUFFOLK, a~ $_e ct %o_~. O~ e. _La qisl. a~lvn Intent. fragile scan%~ beau&~. 2.) ~ha~ any devolo~en= o~ ~&ont o~ %his land migh adve~sel~ a~ec~ ~he public or p~lva~e d~i~lng ~e= s~pl~ an 3.) ~l~ ~e v~etation and Sauna o~ thi~ land constitute na~u~ le~ p~ov~dlaq a wildlife h~i~a~ and open ~pace; 4,l '~t i~ is pa~ of ~e ~un~y'a he~i~e o~ ~ng ls~nd an ~.) t~t i~ contain~ an inhe~ea~ ecoloqical, h~zoioqical lanml~ivit~ tO change which could be adve,:naly a2~ecte~ any change la ~h$ na~U~a~ cha~ac~e~i8~tc~ and Iat~ity O~ the land,ape ?.) th&~ l~ has,ore or contains habitatl for efldanqmre Yo~k S~a~e au~horl~lee, and/o~ ~aze e~ciee or ~ace-plan~ q loba~ lign&fic~ce. Therefore, ~he purple o~ ~hia law il ~o expand ~he deeSgna~ion aene&~ve land ~th&n &he ~=a~ of $uf~o~ al a critLca~ a~ea o~ env~o~t concern lo as ~o enau~e th~ any ectXone ~inq p~ace wholly o~ pa~ally w~ Or S~s~aatially con~iquovl ~o ~ch'arel wi%~ be co'side,ed as ~ I ac~Lc unde~ ~he N~ YO~ STATE ENVZ~ QUALITY R~I~ ACT (SEQRA), and ~cai I v~ll have to be p~epaged Eoz p~o~ectm and/or actions c~nced the~e&n. ~tion T~. ~eint~lonI. A. ~tionl shall seam (~) are directly undertaken by an agency; or (~l; involve fundi~ by an agency; or (i~X) rec~%re uae or more ~e=mit~ from any .a~n~. 2.) p~ann~ag ae~iv~tL~s o~ an agency ~at com,~ %n~ agent/ shall be co~sidered a~ action, rega~dlese of w~et~er such Se.c=io~ Three. ~xpansion of Critical Znvirom~n~al of a new s~seotLon 9 CO read as follows: 7-7 A. The followinq lende within the County o£ Suffolk, aa mo Par~icularly described bel~, ere hereby designs%ed as crLt~c~ environmental areal pu=euan= to ~clud~n~ ~]a)~ Zl~in4 ~und~' ~he '~nd ~nea=h the Days, ~d aec ~a five ~n~re~500~ ~-o~ ~e ~o~e~ne 4.) ~egavin9 of exllt~ng h~gh~lyl not tnvol~ing the eda£cion ney trmve! l&nel! $,] street o~n~ngl ~or the pu~am o~ repair or maintenance =sade, and h~hways; 7.) public or 9c~vace foresC-Mnagement practices other than 1 10.) mapping o~ ex~st~n~ roads, street~, hi~hway~ uses, including sur Dlus gOvernm~n~ p~o~er%y o~he~ than land, i4.) license, lease, and P~rmit reem~aLe Where there involve capital co~struc~lo~ including schooX closings,. ~ut not ~6.) in~o~ation col~ectiOn i~¢lu~i~g basic ~ata collection an and soil studies that are not a preliminary step to~arcle any 9ivan pro]act; and 17.) minor .t~pora~ uses Of [a~ having negligible or n retl~n~ ~yl~ oN =ef~nancing existing 4abel and 20.) ~e e~enelon et ~eility dll~rl~t~ou eacil~ies to se~ new et al~er~ llagle o~ t~-~ll~ ~eilden~iaL structural, o~ to reade service la ap~ I~ivialonl. Section ,~ive. ~~tna~io~ t.) Zhe public health will ~ p=~C~ and beflofite4 bF C contemplated 2.) a~aa= ~ha~ havi inhe~en~ aco~ogical, h~olo/lcal sensitivitiel to change ~ill ~ ~avoca~i~ a~ectedj and 3.) emac~en~ oZ ~hie law will not ~esul~ in any change~ In Section Six. ~.uncy ~r~eflts ', Al I ~uncy de~r~lnts, agencies, employeee, o~cer,, authotlzad agent thereon, La impleMnting ~he ~oviiiont oe thil law. s61?.4(k). .... Undeclining shall mean addition. DATED: APPROVED BY: Date Of Approval: '& A N D S 0 J N D ~ ' Pecon~c ~ i Great ,,' A T I A N Y I C PECOMC BAY ESTUARY CRITICAL ENVFIOM~NTAL ZONE Five Easlem Towns Counl¥ o! SuHolk, New York Black line Zepre~ent~ * 500' from Peco~ic Ba~ and lributarle~ ' Sound Pn.'pa~cd by: SUFlaJLK COUNT'( I'LANNINI; I)I'.'PARTMENT 0 C E A N New York State Department of Environmental Consewation Building 40--SUN~ Stony Brook, New York 11790-2356 (516) 751-2235 FAX # (516) 751-3839 Thomas C. Jorling Commissioner August 2, 1991 Town of Southold Zoning Board of Appeals 53095 Main Road Southold, NY 11971 Attn: Mr. Gerard P. Goehringer, Chairman RE: ZBA Applications File No. 4032 - Peter Blank File No. 4040 - Mary Blank Dear Mr. Goehringer: Please provide this office with a certified copy of the complete files for the above-noted. This information is necessary to the official business of the Department. Thank you for your consideration and assistance with my request. re, truly yours, /~ 'Richard C.'Ryan~ Regional Supervisor Real Property - Region I RCR:rr $ 25 25 35 35 35 2~ 2~ 2~ 2O 25 35 35 10 may be reduced up to two hundred (200) for moderate- and/or lower-cost 2- 25- 89 § 100-238 ~(tUTHOLD CODE § 100-239.1 occupancy be issu~ ~ respect to the use and occupancy of such buildings and/or premises unless and until all such required systems and facilities have been constructed and are in pmpor operating condition and have been approved by all agencies having jurisdiction thereof. § 100-239. Land under water;, f'dled land. Streams, ponds, tidal marshes and portions of Long Island Sound and its various bays and estuaries, lying within the boundaries of the Town of Soutbeld, whether or not so indicated on the Zoning Map as being in a particular use district, shall be considered as being in the most-restricted use district abutting thereon, and such zoning classification shall continue in force regardless of any filling or draining of such lands. Nothing herein contained shall be eonst~'ued to permit the filling or dredging of such ]and. For the purpose of computing density for the development of any lot or lots, no land under water, unless filled pursuant to law, shall be included in computing the minimum lot area for each dwelling unit permitted under the appropriate zoning district in which the property lies. § 100-239.1. Excavations. No excavation of any kind shall be permitted except in connection with the construction in theisame lot of a building for which a building permit has been dul~, issued. In the event that a building operatiou is arrested prior to completion and the building permit therefor is allowed to lapse, within six (6) months after the date of expiration of such permit, the premises shall be cleared of any rubbish or other unsightly accumulations, and topsoil shall be replaced over all areas from which such soil may have been removed. Any excavation for a basement or foundation with a depth greater than three (3) feet below grade shall be either filled or surrounded by a substantial fence adequate to deny children access to the area and adequately maintained by the holder of the permit. 2-25-89 unit) (~lUare feet ~er dwel{ing dimensions: H,u~..Schedule for ReSidential Distrle~ dwL~;x.c, ept one-bedroom or ~tudio i~ ~,u,,.~zjlni ~mun~. Lot Size Schedules fo ....... ~ ~ ~ ~ cODg § d , a ries g ~eS ~ . ..~ioUS b~S ~ ~her or no ~- _t.res~r~e~ ,, continue.' t in con~eet'~o~ .,.av~fion v~ 7 ~ ~he s~n, _~ In t~e ~' ~uilding ~. ~ ~'~,n;n~ ~r~l~ ~'~a nr~or ~ ~.~ s~ (6~ ~o~ ~ cle~reu ~/ be buuu, .~ :~ ~rres~ ~ ~ ~t~m --~ sh~~ ~ -~n~l s~'* ~ ~er~t~on ~ . ~ ~ ~P~' ~ nre~ ~na ~P~- ~movetu ow ~,. is ~B°~ ~t, t~e ~ _nl~io~S, , ~ve b~n r~,-- ~or there~-, oi suc~ P~'. htlY ~ccUU~,_ ~1 ~Y ~' ~enth ~e~T' rubbish ~ ~II ~re~ ~j~ent or t°u~'~,her filled or ~he ~re~ an~ ~'-s~OS~nnm ~--wmed bY the "~' Building 40--SUNY, Stony Brook, New York 11790-2356 ............. JUL 2 5 1991 Thomas C. Jorling Commissioner Board of Appeals, Town of Southold Southold Town Hall Main Road Southold, NY 11971 23 July, 1991 Subject: Petition for variance by Peter and Mary Louise Blank, Suffolk County Tax Parcels 1000-032-01-002.0 and 004.0 To whom it may concern: As manager for the State-owned tidal wetlands adjacent to the subject parcels, I am in receipt of your notice dated 1 July, 1991. Please be advised of the following: 1 - As a standard procedure, this office requests that local governments extend the maximum protection possible to State wetlands. Variances from standard setbacks from State lands should not be granted, unless the applicant can demonstrate that a practical difficulty exists. No such difficulties appear to be present in this case; we therefore request that the variances not be granted. 2 - As you may know, the proposed construction will require a Tidal Wetlands permit from this Department. The Tidal Wetlands Land Use Regulations (NYCRR Part 661) specify a 75 foot setback from tidal wetlands for principal buildings and structures greater than 100 square feet in area (regardless of who owns the wetland). The petitioners may apply for a variance from this setback, but they will be required to demonstrate a practical difficulty in order to receive one. It appears that they can meet this setback in both lots. This office will be one of several that will review the petitioner's State permit application, and will reserve further comment until that time. You or the petitioners may contact me at (516) 751-7900, extension ~79. Dominick V. Ninivaggi Marine Resources Specialist Bureau of Marine Habitat Protection cc: F. Panek D. Zacchea APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 ~ ','~ ::~ BOARD OF APPEALS TOWN OF SOU~OLD SCOT1~ L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 July 1, 1991 John M. Wagner, Esq. Esseks, Hefter & Angel P.O. Box 279 108 East Main Street Riverhead, NY 11901 Re: Appl. of Peter and Mary Louise L. Blank Dear Mr. Wagner: This will confirm that the subject application has been reviewed and the following are requested at this time: (a) Proof of notice to an adjoining landowner (New York State) at the address shown on the assessment records must be done immediately, particularly since this matter has been advertised for a public hearing to be held on July 12, 1991. Please provide us with an Affidavit of Mailing together with the postmarked certified receipt from the post office that the appropriate notification has been mailed. (b) a copy of an abstract of title from a reputable title insurance company certifying single-and-separate ownership of the subject lots, which should be submitted as soon as possible. (c) separate $500.00 filing fee is necessary for the second lot since the two lots are not merged as originally believed. The $500.00 fee paid to date will be applied to the lot situated south of the right-of-way. The additional filing fee will be applied to the lot situated north of the right-of-way. Please call our office if you have any questions. Thank you. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN TRANSCRIPT OF HEARINGS SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF FRIDAY, JULY 12, 1991 Board Members Present: Chairman Gerard P. Goehringer and Members: Dinizio, Doyen, and Villa Members Absent: Grigonis (due to illness) Linda Kowalski, Z.B.A. Secretary and approximately 35-40 persons in the audience. ~1. No. 4033 icant(s): Randi Lacalamita Lon of Property: 1395 Henry's Lane, Peconic, NY Map No.: 1000-74-1-10 notice of opened the hearing at 7:30 pm and r~ mring and application for the record. the CHAIRMAN I have a copy of a sketch o~ survey produced by Tick Van Tuyl with no specific d indicating a in carport 18 by 35 in the yard area. And I have copy of the Suffolk Map indicating this and properties the area. Now we're ready for you. f you would kindly your name for the record please sir. MR LACALAMITA: My name owner of the property. Lac~ , my wife is the CHAIRMAN GOEHRINGER: How northerly property line at its the I guess that's the point is the carport7 MR LACALAMITA: It's itself and the street lidway between the house CHAIRMAN GOEHRINGER: on the side yard ar~ do you know? but in close is it rence to its closeness that property line MR LACALAMITA: I think three feet. CHAIRMAN us please Three feet. Could let us know on Monday. that for Yes I will. GOEHRINGER: Okay. The only reason why I\~idn't was I was down early one morning looking and~I didn't Page 2 - July 12, 1991 Public Hearing - Randi Lacalamita Z.B.A. cont'd: want to go traipsing around your propel for monuments or anything of that nature. Okay? you would like to state for the record? MR TA: Well, my father-in-law who's a did the tch and on the bottom of the sketch I' have a )f it. It said, carport to be settle blacktop I got a copy of it with was approved, on the sketch it was going to with a blacktop driveway. didn't read piece of paper that to be in the the yard. Well if it wag back of the yard would be feasible beca to drive four He never the law and the cost over, clc we're seeking relief it's ali it down, so we're for relief. artist you with that it that it he that it had be put in the it's too narrow to bangle or break to $4,000. and expensive to tear CHAIRMAN GOEHRINGER: long has been up? MR LACALAMITA: Since CHAIRMAN GOEHRINGER: This MR LACALAMITA: Yes. CHAIRMAN GOEHRINGER: And it? ~lanning never to enclose MR LACALAMITA: Never t¢ nclose i CHAIRMAN GOEHRINGER: it four cars? houses apDrox~l'aatel¥ MR LACALAMITA: Yes CHAIRMAN us how close it Alright. And to that closest call us and tell line on the side. MR LACALAMITA: How soon will we know bec to know? they're anxious CHAIRMAN Probably in about a ~k or ten days. MR to know Very good. I'll call you bs one property .... and you want CHAIRMAN GOEHRINGER: I want to know from the on Henry's Lane, how close it is and I want to it is to that closest property line, which is [font monument how close ally like the Page 6 - July 12, 1991 Public Hearing - Mary and Peter Blank Southold Z.B.A. Appl. No.: 4032 and 4040 Applicant(s) Mary and Peter Blank Location of Property: Peter's Neck Road, Orient, NY County Tax Map No.: 1000-32-11part of 2 and 4 also lot 3 The Chairman opened the hearing at 7:50 pm and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a map produced by Young and Young or Howard Young the most recent date is June 4, 1991. Indicating parcel one which is an area which is the nature of this application of 1.6461 acres and parcel two an area of 1.7478 acres and I have a copy of the Suffolk County Tax Map this and surrounding properties and for the record this was a condemnation I believe by the New York State Department of Environmental Conservation and these are the remainder parcels left from that condemnation. Mr. Angel would you like to be heard concerning this? MR ANGEL: Yes I would. CHAIRMR%N GOEHRINGER: It's so nice to see you again. How are you? MR ANGEL: I haven't been here in a while. CHAIRMAN GOEHRINGER: Yes you haven't. MR ANGEL: Really not since Bob Villa got on the Board. his pavilion face it's a different setting. Can I, do I speak into the microphone? ~ With CHAIRMAN GOEHRINGER: Unless anybody complains. MR ANGEL: I prefer just not standing back and addressing you directly in the bank. CHAIRMAN GOEHRINGER: You can hear it? MS KOWALSKI: I think so. I'll let you know if I don't. MR ANGEL: I'll speak loudly. Does the audience want, do they hear better if I speak in the mike. CHAIRMAN GOEHRINGER: There's a microphone right here. MS KOWALSKI: It might be better. MR ANGEL: I'll do whatever you want me to do. Page 5 - July 12, 1991 Public Hearing - Ellen Braunstein Southold Z.B.A. CHAIRMAN GOEHRINGER: What kind of foundation will it be? MR REILLY: It will be according to the building codes of the Town of Southold, State of New York, we'll have a crawl space and it will be framed according to the building codes. CHAIRMAN GOEHRINGER: And I assume the setback I believe is 35 feet and you will have if the Board is so willing to grant this application, a 25 foot setback so you are looking for a reduction of approximately 10 feet? MR REILLY: That's correct. CHAIRMAN GOFi{RINGER: What is the approximate offset off the corner of the house? MR REILLY: Approximately 5 feet. CHAIRMAN GOEHRINGER: Okay great. I don't have any other questions, it's a one story addition right? MR REILLY: Yes. It will, slope roof, a. couple skylights and that will be that. CHAIRMAN GOEHRINGER: Does anybody have any problems with that? MEMBER VILLA: Yeah, are they going to leave all of that dense landscaping intact back there, you're not going to take any of that. ~ MR REILLY: That's correct, nothing will be touched back there at all. CHAIRMAN GOEHRINGER: Does anybody have any other questions? I have no problems with this application I'll make a motion to approve it as applied for. ALL IN FAVOR - AYE. Page 7 - July 12, 1991 Public Hearing - Mary and Peter Blank Southold Z.B.A. MS KOWALSKI: You better use the mike, that would be better. CHAIRMAN GOEHRINGER: You know what you could do, you could pull that table over if you wa~ted to use it. MR ANGEL: Is it better if I speak to the mike? Mr. Goehringer was correct this is an application for variances of lots that were in fact reduced in size as a result of condemnations by the New York State Department of Environmental Conservation, the DEC. As I said my name is Stephen Angel I represent the applicant, an attorney in Riverhead and what we're seeking here are a series of variances from your Board. A front yard variance as your Board describes front yards, from about 60 feet to 40 feet and a rear yard variance from 100 feet to 60 feet. A lot depth variance from 400 feet to 40, but the way you measure your lot, the way you define lot depth, did I say rear yard or depth, lot depth is sort of unusual in the ordinance and the nature of our variance here is not going to be as great as it sounds as you see in the survey. And finally a lot coverage variance, we want to increase the permissible lot coverage in this five acre zone from 5% to approximately 16% and 24% given the remaining parcels. Now Mr. Goehringer identified a survey or a couple of surveys I think that were prepared by Young and Young in this case. We have updated those surveys and I would like to present essentiality the same surveys to you with some additional information on them and they most recently revised today. The first survey which is marked as "A" is a survey of the area showing the building envelope that we are requesting. The ones showing the variances that we are requesting.. It has bunch of information on it, which you have on those other surveys but it also includes the 5 foot contour from the Suffolk County Topo. And the precise measurement of the depth of lot as measured by your ordinance. In addition to the other stuff that you see on the one that's already been submitted and with your permission Mr. Goehringer I would like to hand this out. I have a bunch of copies for you, how many would you like? MS KOWALSKI: About six would be great. MR ANGEL: How we produce this. I think Howard is ..... Now I have a survey also prepared by Young and Young which is delaminate "B" which shows the extent of the building envelope if all setback requirements were adhered to, given the lot configuration we're left with. Or the lot configurations we're left with after the DEC taking and you will see it's dramatically less. If you look at those parcels and they're both shown on Plain "B", parcel one Page 8 - July 12, 1991 Public Hearing - Mary and Peter Blank Southold Z.B.A. MR ANGEL, cont'd: originally consisted of 4.1742 acres, parcel two originally consisted of 9.1525 acres all of the land not remaining was taken by the DEC on October 26, 1990. We're left with as you said Mr~ Goehringer parcel being 1.6461 acres and parcel two being 1.7478 acres clearly less then what's required under the 200 square foot minimum zoning requirement in this zone. Now I've mentioned to you briefly what the requested variances are, I don't think that I need to go over with them again. We respectfully submit that in this situation we have a practical difficulty, obviously the difficulty was created by the condemnation for the record we have opposed the condemnation from day one, the Blanks of the many people who were involved in the, as lot owners, condemnation conducted by the DEC were perhaps one of two or three that have actually not sit with the DEC they fought it out and tried to maintain their property and did not arrive at a voluntary agreement. There's no self created hardship by doing this. As I said the DEC took their property there is not even an agreement as to price on their property. That is going to be the subject of a claim in the court of claims. The variances that we,re seeking I respectfully are not as substantial as they seem at first glance. The property around that is developed on lots are not in the, certainly are not 5 acres, the ones on Peter's Neck. There are some that are small there. More over the lot sizes themselves that we're left with are surrounded by a tremendous amount of open land that the State has taken, it used to be part of it. We're not in a situation where by allowing the development of these two parcels you are creating houses on what are going to appear to be smaller parcels. They. are going to be surrounded hopefully in perpDtuity by the large expansive DEC acquired wetlands. It's not going to effect the substantial change in the character of the community, we can't solve the problem other then by getting variances from you. I should point out in this regard that in all their conversations and in all their approach to dealing with the Blanks the DEC has taken a position that what is remaining, in other words these parcels one and two that you see, are buildable parcels. They have made payments to Mr. and Mrs. Blank in accordance with law, they have to make an advance payment and those advanced payments are predicated on these two parcels being buildable. I'm not saying you are bound by that, but the DEC has treated it as such. It's not like they required or paid for the use of these parcels. They have assumed through purposes of their condemnation that we can get a building permit on each one of these parcels. CHAIRMAN GOEHRINGER: Why did they do that Mr. Angel rather than allowing the variances to occur first? Page 9 - July 12, 1991 Public Hearing - Mary and Peter Blank Southold Z.B.A. MR ANGEL: They wanted to take the property. Their timetable is their own. They just did it. They were convinced, in my conversations with them, know whether they are wrong or right they were just convincing, based upon unidentified conversations with people in this town that they were going to remain as buildable parcels. They never explained to me why they were convinced of that. Though I have had numerous discussions about the value of property and they have always taken the position, that what remains are two building lots. But as far as waiting for a variance, I personally think that they have an agenda, they wanted to acquire a whole bunch of properties in Orient. The properties were acquired under funds that were made available back in 1972 on the 1972 environmental bond act. They developed their agenda and they just went ahead with it. I don't think that they made municipal approvals. There wouldn't be municipal approval applications on anything that they did in the Orient positions. CHAIRMAN GOEHRINGER: Thank you. MR ANGEL: The other thing that is involved in this application is there's also a 280A application because we are building on a private road. That's a little bit of an interesting question, because I think 280A requires an application for a variance to build on a road that's not part of the official map. If you look at your official zoning map the road is on that map. I leave it to you people to decide whether the 280A application would be necessary in this case. I believe that when my associate John Wagner checked into the necessity of the 280A application there was a subdivision done at the end of Pete's Neck off this road within the last few years, a minor subdivision and I don't believe that that had a 280A application. That doesn't necessarily mean that we shouldn't, but I want to bring that to your attention. We previously submitted single and separate certificates that go back until 1962, we're led to believe that in 1962 and even prior there to has been thereafter for a few years the town uniformly allowed divisions to these large lots without the necessity, especially where there's only a five lot and four lot subdivision, not be a necessity of minor subdivision frugal. I'm here and the Blanks are here to answer any of your questions. CHAIRMAN GOEHRINGER: How long has this road been in existence? MR ANGEL: Well the road was created as a separate parcel in 1962. How long is it physically been there? Page 10 - July 12, 1991 Public Hearing - Mary and Peter Blank Southold Z.B.A. CHAIRMAN GOEHRINGER: Yeah. MR BLANK: 1938. CHAIRMAN GOEHRINGER: And how long has it been in actually improved to the point of either asphalt or some sort of hard base surface. MR BLANK: 1955, something like that. CHAIRMAN GOEHRINGER: Thank you. MR ANGEL: And there's one thing that by the way John was going to be here tonight, but somebody is ill in his family, he could be here so I'm handling this all by myself. He promised that he'd bring Linda a copy of the Peconic Bay Estuary CEA, the critical environmental area map and a resolution. It is possible, again I'm not sure, that we fall within that area. I'm not as you can see from looking and I have an extra copy of this map, as you can see from looking at it is not.a very paced boundary. CHAIRMAN GOEHRINGER: We've had that trouble with the flood plain maps, I assure you. MEMBER VILLA: Jerry could I ask you a question? CHAIRMAN GOEHRINGER: Sure. MEMBER VILLA: Mr. Angel, I don't have'a problem with the 40 foot setback from the front,~ from the road too much, but looking at the parcels, looking at parcel one, just working off this as a one inch equals 100 feet, it would appear that the depth of parcel is about 60 feet plus or minus. The building envelope. Now, the Trustees will require a 75 foot setback from the wetlands, have the Trustees been approached at all on this? MR ANGEL: No they haven't. The reason, in fact, I'm going to brutally honest with you, I'll just tell you what happened in this application. When we originally drew the, or asked Howard Young to draw the lines, we suggested a 75 foot setback from the wetlands line and Howey told us, Howeys very familiar with this area. Howey was the surveyor for the DEC on all the acquisions and has been involved in applications representing people on both sides and he suggested the setbacks that we have now because I guess with the DEC taking he was familiar with the DEC approving a setback similar to the ones that you see here. He had made that suggestion to give us more area in which to deal with Page 11 - July 12, 1991 Public Hearing - Mary and Peter Blank Southold Z.B.A. MR ANGEL, cont'd: the zoning, more area to deal with placing the structures for a house. MEMBER VILLA: Well I just, I Was just wondering if your clients would you know if you reduce that 60 foot plus or minus to meet the 75 foot from the wetlands you still have a 35 foot building envelope and most houses aren't 35 feet in depth. MR ANGEL: Which one are you talking about parcel one or parcel two? MEMBER VILLA: Parcel one. Parcel two you even have a greater depth with that one is about 90 feet plus or minus. MR ANGEL: Well needless to say, we like the flexibility, certainly 35 feet to build a house is sufficient, but here you are talking about, we want an area that may be sufficient to place a deck or a pool, we don't know what's going to come in ultimately when an application is made to build a house. We realize that we have to make an application to the DEC after we come before you and we have to make an application to the Trustees, all of those applications will be made. So if I have a way to, if I can take a position I would sooner have the building envelope as it appears on the survey and then make my application to the Trustees and deal with their setback before that Board. MEMBER VILLA: They are looking down a loaded gun, so to speak, because you have already gotten'a variance from us. MR ANGEL: We haven't gotten a variance from them though. MEMBER VILLA: No. I know. But it makes it more difficult. That's why I was wondering if you could live within the existing setbacks without requiring the variances. MR ANGEL: Well to be honest with you, I think that parcel one, there would be a diminution in value in the lot if we went to a 35 foot, if we went to the 75 foot setback. Parcel two is more, is... MEMBER VILLA: Yeah it's 90 feet. MR ANGEL: Is a bigger area, we have more room to play with. Once you get down in this area, I don't know if you have visited the property Bob, you have, it's magnificent property. MEMBER VILLA: Oh yeah. Page 12 - July 12, 1991 Public Hearing - Mary and Peter Blank Southold Z.B.A. MR ANGEL: I mean it's one of the two nicest lots I've seen since I've been practicing on Long Island. In my opinion, the constriction of the building envelope in lot number, given by that additional 50 fe~t, may make a substantial difference in value to the parcel, because you are looking at a parcel that is going to appeal to somebody with means. MEMBER VILLA: Well you are talking about a deck or something, would they be at all adverse to restricting a major, you know a major building where you would require a foundation and everything else to the 75 foot. MR ANGEL: I haven't laid it out but, it sounds, we certainly could look at that. The idea of the building envelope since nothing has been designed as yet and we're left with the condemnation facing us that assumes that you guys have done all this is to find out whether we do have the right to build on those lots, certainly that's an important issue for us in facing the condemnation part. But you know, I mean I can't, we haven't analyzed that setback, but it seems to me that if the house is, if the foundation is sufficient enough for a house and there is more room which could fit deck and other accessory structures could probably be easily livable. CHAIRMAN GOEHRINGER: Any other questions? MEMBER DINIZIO: Just as far as size is concerned of parcel one, what is the footage, the road frontage of the buildable lot? I ... MR ANGEL: What is the what? MEMBER DINIZIO: The road frontage of the buildable parcel. There is no measurements on here so I really can't. CHAIRMAN GOEHRINGER: Yeah, they are Jim, it appears it's a 298 + 146 + 99. MEMBER DINIZIO: No, no I'm talking about just this part. MEMBER VILLA: You're talking about the envelope. MEMBER DINIZIO: Just right here. CHAI~ GOEHRINGER: Oh, the envelope. MR ANGEL: We could scale that off. It's 140, 1 inch equals 40 or 1 inch equals 100. CHAIRMAN GOEHRINGER: 1 inch equals 100. Page 13 - July 12, 1991 Public Hearing - Mary and Peter Blank Southold Z.B.A. MR ANGEL: What does that look like Bob about 160, 1757 MEMBER VILLA: Probably more t~en that about 180. MR ANGEL: Okay 180. And the other one's maybe 200. We have no expectation that there would be structures in that entire area. What we've chosen is a building area in which we can impose the structures. I don't think there's any intention of developing a 24% coverage on this lot with impervious materials, you know we would, if you felt it necessary to limit the percentage of coverage to something less then that if it fit in this area we would have no objection to that. What we want is ... MEMBER VILLA: That's an area where you could put a house. MR ANGEL: An opportunity, yeah an area where we could put a house potentially a pool if they wanted it potentially a deck. Some area where we can locate those structures, that's what we're looking for. CHAIRMAN GOEHRINGER: coverage, Mr. Angel, lot number two? When you referred to the 16% of lot you are referring to lot number one or MB ANGEL: 16% is lot, the 16% lot coverage is the total building envelope shown on "A" for lot number one, given the reduced size of the lot. The 25%, and it's slightly more than that, it's shown on the map by the way, the computation, all these computations are on that new map. You'll see it on the side, it's 24.7 and 16.8 and it shows it Jerry on the right hand side. CHAIRMAN GOEHRINGER: Yeah. I see it now. I was still going back to the first map. MR ANGEL: If you use this .... By the time Howey prepared this today he put on just about everything. The only thing we don't have on is the flood zone, which I tried to read and is either A6 or B something. CHAIRMAN GOEHRINGER: We have a copy for you if you want it. MR ANGEL: I have a map too. But as you know, the flood zone questions are going to, they'll have to be determined at a construction phase, if whatever the construction requirements of the particular zone we're just going to have to move them. CHAIRMAN GOEHRINGER: Right. Does anybody else have any Page 14 July 12, 1991 Public Hearing - Mary and Peter Blank Southold Z.B.A. CHAIRMAN, cont'd: further questions concerning this? Anybody in the audience like to speak concerning this application? Seeing no hands,.Mr. Angel, I assume we'll continue with the deliberation~ after this and any other further questions gentlemen? Okay. Hearing no further questions we thank you for your presentation and I'll make a motion to close this portion of the hearing reserve decision until later. We'll extend this hearing until Monday in receipt of information from the Planning Board concerning the subdivision in this area. MS KOWALSKI: Just a written part of the record. CHAIRMAN GOEHRINGER: Written portion. ALL IN FAVOR - AYE. Appl. No.: 4034 Applicant(s): Anthony and Maria Mercorella Location of Property: 2260 Peconic Bay Blvd., Laurel, NY County Tax Map No.: 1000-145-4-4 The Chairman opened the hearing at 8:15 pm and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a sketch of the plan, the placement of the building appears to be in the same position as it was in 1990, the difference and the nature of this application appears to be the fact that we are now asking for a second story accessory dwelling for storage purposes. How do you do sir~, would you kindly state your name. MR MERCORELLA: Mr. Goehringer, my name is Anthony Mercorella I'm the applicant. CHAIRMAN GOEHRINGER: How do you do? Is there anything you would like to state for the record Judge? MR MERCORELLA: Yes, we would rather put the preliminary plans together rather hardly after remodeling the which is located on the same piece of property and so that we did not consult at length with an architect. But this house, after having dispensed with certain sums of money to remodel it, leaves us short of any storage area. We have no basement because of the wetland situation, we have no attic space because of the height restrictions and we have a half acre of property and we do have a deck, we have considerable garden furniture and I do a lot of gardening and we need to store our gardening equipment and our garden furniture and other Page 15 - July 12, 1991 Public Hearing - Anthony and Maria Mercorella Southold Z.B.A. MR MERCORELLA, cont'd: things we are intending to everyday living in some area other than the house. The house itself when we applied, when we built the house we conformed to the original envelope, the original foot. We didn't apply for a variance with respect to that. So it's a question of convenience, the story this time and also we want to conform the accessory dwelling to the existing house, so there would be some symmetry. We had previously asked for a, a pull down ladder, but that wouldn't afford us the excessive building to store these rather large things upstairs. Also we intend to buy a boat perhaps and we would like to store that in the garage and that would preempt us from any necessary storage space. Basically that's it. CHAIRMA~ GOEHRINGER: Could you tell us the purpose of the half bath on the second story. MR MERCORELLA: The half bath is really a, I would want a sink and a toilet basin so that I'm in the garage or in the little work shop that I would like to put in the garage I don't have to run back to the main house. CHAIRMAN GOEHRINGER: Will the building be heated in any way? MR MERCORELLA: No sir. CHAIRMAN GOEHRINGER: Okay. I thank you so very much. Before you sit down, does anybody have any questions from this gentleman? Thank you so much. Is there anybody else who would like to speak either in favor or against this application? Seeing no hands I'll make a motion closing the hearing reserving decision until later. ALL IN FAVOR - AYE. Appl. No.: 4035 Applicant(s): Mr. and Mrs. Eugene Croasdale Location of Property: 595 North Parish Drive, Southold, NY County Tax Map No.: 1000-71-1-6 The Chairman opened the hearing at 8:20 pm and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a sketch, it's actually a site plan produced by Garrett A. Strang Architects, the most recent date is June 19, 1991 indicating the proposed garage addition approximately 13 feet from North Parish Drive and it appears 16 feet wide and approximately 22 feet deep and approximately 4 feet from the westerly property line. I have a copy of the Suffolk County Tax Map indicating Page 16 - July 12, 1991 Public Hearing - Mr. and Mrs. Eugene Croasdale Southold Z.B.A. CHAIRMAN, cont'd: this and surrounding properties in the area. How are you Mr. Strang? MR STRANG: I'm fine thank you~ yourself? CHAIRMAN GOEMRINGER: Good, thank you. MR STRANG: The application I think pretty much states what we're trying to accomplish here. We have an existing house that was built probably somewhere in the mid sixties, mid to later sixties. It does not have a garage. My client, Mr. Croasdale, is not the original owner or the person who built the house, he's purchased it I guess in one of the resent years and is the second or third owner. He has a need for a garage. The placement of the house, I guess at the time it was built it was set with a minimum front yard, now for what reason I can't say. I believe that the front yard, existing front yard was in compliance with the zoning at the time it was built. And we have no real alternative as far as a placement for a garage on this property. There is a driveway there presently where he can park his car on site, but again we'd much rather prefer to be able to house his car in the garage and since we can't put the garage in the rear yard and there's really no room to place it on the side, given the side yards as being what they are. We're left with this as our only alternative for the placement of the garage. CHAIRMAN GOEHRINGER: It's an interesting situation because we have been wrestling with the differences between front yards and rear yards in waterfront parcels for years and the problem that we have is that we always wanted enough area so that if the garage door was closed, the car would at least being outside of the garage would be on the person's property and not hanging out into the road and that's one of the problems that we have here with this particular application, unless you had a Honda civic, the car is going to hang out into the road. MR STRANG: Well the reason if you'll note on the site plan did indicate that although the property line is given, the actual right of way is wider than the actual pavement which is normal in most communities today and the edge of the pavement is depicted on the site plan and there is a 25 foot dimension from the edge of the pavement to the garage if they were parked in the front of the garage, so in essence, although the vehicle would not be totally contained within the property, it still would not extend out into the public traveled road. CHAIRMAN GOEHRINGER: Okay and what is the purpose of the 4 Page 17 - July 12, 1991 Public Hearing - Mr. and Mrs. Eugene Croasdale Southold Z.B.A. CHAIRMAN, cont'd: feet from the, I assume that's west.. MR STRANG: The 4 foot side yard on the west is presently as you see noted on the site plantthere is an existing entry porch which is our intention to become a basic vestibule transition area. There is a door that comes from presently, that comes from this porch and enters into the kitchen area, which is in what I'll refer to as the southwesterly corner of the house, that is the garage, I'm sorry is the kitchen and there is a door from the kitchen out into this area that's noted as a porch, so the 4 foot is sort of dictated so that we have 3 feet left over if you will from the existing corner of the house to allow entrance into this area without having to walk through the garage and get to the door to the kitchen. CHAIRMAN GOEHRINGER: What's the approximate height of the garage wall in that 4 foot setback area. MR STRANG: It would be a normal 8 foot wall, obviously probably one course of block or cell above grade, because 8 inches is mandated by code to be from existing grade to the beginning of framed structure, so we'd be looking at maybe 9 feet to the plate line and then give a little. CHAIRMAN GOEHRINGER: both sides. MR STRANG: That's right imagine at the present time. base to the road as I CHAIRMAN GOEHRINGER: I don'$ have any other questions. Does anyone else have any questions? Mr. Villa? Dinizio? MEMBER DINIZIO: No. MEMBER VILLA: I know why you have the three foot offset, but is it really a problem to line up the garage so you'd have a 7 foot offset, I mean we normally require what's it 10 feet? CHAIRMAN GOEHRINGER: Yes. MR STRANG: The side yard would normally be 10 feet in this district, yes. If we were to slide over the other 3 feet that would basically mean you'd have to walk through the garage to get into the vestibule if we go that particula~ transitional area and into the kitchen, through the kitchen door, so we did shift it off to the side specifically so that you could have a door at that point or opening or someway to get into this transitional area to get into the kitchen without having to open the garage door per say and walk Page 18 - July 12, 1991 Public Hearing - Mr. and Mrs. Southold Z.B.A. Eugene Croasdale MR STRANG, cont'd: through the garage. MR VILLA: I realize that but you still, even if that we would have to grant a variancelbecause it would be 7 feet instead of 10. MR STRANG: That's true. Even if it were to be in alignment with the corner of the house we would need a variance still for the side yard and it really, we did look at the possibility of shifting it further to the east which would prevent, would present a difficulty in that we have a window in the kitchen, the only window in the kitchen is basically right on that corner of the house facing the southerly direction and we would then be coming over that window and not allowing any natural light to come into the kitchen. CHAIRMAN GOEHRINGER: Also the other thing would be of course if the Board would grant any type of alternate relief or this application as it stands, it will clearly state that there would be no closing of any other side yards and the other side yard would be the east side yard. MR STRANG: That's right I don't see any reason why we would have (microphone not picking up) no further encroachment on the other side that would maintain a 17 foot side yard. CHAIRMAN GOEHRINGER: Okay. We'll see what else develops, thank you very much for your presentation. Is there anybody else who like to speak either for or against this particular hearing? Seeing no hands I make a motion closing the hearing reserving decision until laker. ALL IN FAVOR - AYE. Appl. No.: 4024 Applicant(s): Ronald Stritzler, M.D. Location of Property: 3055 Soundview Ave, County Tax Map No.: 1000-94-1-14 Mattituck, NY The Chairman opened the hearing at 8:30 pm and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: One behalf of Dr. Ronald Stritzler it is a hearing that we have postponed from the last regularly scheduled meeting and, Doctor, you have patiently sat there through the major portion of our hearings tonight and you are very welcome to speak, we do have some questions of you. DR STRITZLER: I'm the applicant and I would be happy to answer any questions or address the issue of why we selected Page 19 - July 12, 1991 Public Hearing - Ronald Stritzler, M.D. Southold Z.B.A. DR. STRITZLER, cont'd: this however you wish. CHAIRMAN GOEHRINGER: Why don't you address that issue of why you selected that area. ~ DR STRITZLER: For those of you who have seen the property I think, would recognize that the contours of the property are very steep and there are numerous trees throughout as well as lawns and gardens and berms that we have worked on for quite a few years now. The particular site that we have chosen is one where we have a vegetable garden many years ago and we know it's been level and although there has been some incredible pollination and growth there over the years, it looks a lot like the amazon jungle. There is actually very few trees that have to be taken there as opposed to any other conceivable site where there would be more than 24 trees that we have calculated. There, there may be at most 4 and only 2 and obviously both the cost involved in leveling the land and the environmental effect have made this a seemingly the most preferable site. And also there's an issue here that we can punch in right from the road with the equipment necessarily, excuse me, do the tennis court, whereas at , actually any other site the equipment would have to come on our land and would certainly cause some problems in terms of lawns and gardens we have. CHAIRMkN GOEHRINGER: Dr. the approximate size of the court itself, is how wide? DR. STRITZLER: It's approximately 120. feet in length, maybe 140 feet, I forget frankly, by 65. I'm not, frankly I've forgotten those exact measurements, I didn't look at the dimensions before I came, I'm sorry. CHAIRMAN GOEHRINGER: Right. And the fence you're proposing is 8 feet or 10 feet? DR. STRITZLER: 8 feet, it's an 8 feet fence, said by the person to put it up to be "invisible". It's not a chain-link fence by the way. CHAIRMA~ GOEHRINGER: Oh, it's not a chain-link. DR. STRITZLER: It's not a chain-link fence, it is a that is much less visible than a chain-link. CHAIRMAN GOEHRINGER: And the court will not be lighted? DR. STRITZLER: It will not be lighted. Page 20 - July 12, 1991 Public Hearing - Ronald Stritzler, Southold Z.B.A. MoD. CHAIRMAN GOEHRINGER: Well we'll go over to my other two gentlemen over there, fellow Board Members, and ask them if they have any questions concerning this application. MEMBER VILLA: My only concern is that it's quite close to the neigh_bors house, the neighbors house is very close to his property line and that's why I was wondering if it couldn't possibly be shifted to some extent. DR. STRITZLER: I'm not sure, which house? MEMBER VILLA: Well on the survey it says something about Rodney W. Cane or John Miller I'm sorry. CHAIRMAN GOEHRINGER: John Miller. DR. STRITZLER: That property there, there's no house there, I actually spoke to the man who's actually willing to come here with me to support my presentation actually. So in terms of that particular man, there is no objection. In terms of fixing it, I would be willing to shift it to any reasonable degree, but the shifting will then involve the knocking down of trees, to a significant number. CHAIRMAN GOEHRINGER: Any other questions? Dr. we thank you so much for coming in and it's a pleasure meeting you. I was up the other night in between, the lights were on, not in the house, there were some spot lights on, I did run up with my old pick up and I did look at the area-. It's a beautiful piece of property. Absolutely magnificent. DR. STRITZLER: Thank you very much. CHAIRFR%N GOEHRINGER: We'll do the best we can for you. Thank you again. Hearing no further questions I make a motion closing the hearing reserving decision until later. ALL IN FAVOR - AYE. Page 21 - July 12, 1991 Public Hearing - Joan and Richard Zeisler Southold Z.B.A. Appl. No.: 4036 Applicant(s): Joan and Richard Zeisler Location of Property: 700 Jackson's Landing Rd, Mattituck, County Tax Map No.: 1000-113-~-9 NY The Chairman opened the hearing at 8:35 pm and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a survey produced by Roderick Van Tuyl P.C. dated July 11, 1991 indicating a proposed garage in the dotted postage stamp area that most surveyors usually use showing approximately 23 feet from the front property line, 9 feet from the southwesterly property line and somewhat falling within the normal conformities of the existing dwelling. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Mr. Zeisler would you like to be heard? MR ZEISLER: First of all I just want to say it's Joan not John Zeisler. MS KOWALSKI: Oh. That's a typo. I'm sorry. MR ZEISLER: I'm now calling her Joan. We're moving out here permanently and we really need the garage for just storage space, we're going to have ground. There's going to be no becoming a nuisance. Certainly an accessory building as a garage and a storage space above and on the rear walls. You know the normal. CHAIRMAN GOEHRINGER: Okay. ~ Is it going to be a one story garage? MR ZEISLER: Well it's the same, I'm sorry, here is what it's going to look like. CHAIRMAN GOEMRINGER: Okay. MEMBER VILLA: It's the same height as all the other buildings. CHAIRMAN GOEHRINGER: Ail the other attached buildings. Okay and what's the approximate size 20 X 20? MR ZEISLER: 20 X 20. And we're not doing any excavating, it's going to be on a slab. Do you want to see a nice picture? CHAIRMAN GOEHRINGER: Really nice. I remember when we had the original Flood law variance. Thank you. All those Page 22 - July 12, 1991 Public Hearing - Joan and Richard Zeisler Southold Z.B.A. CHAIRMAN, cont'd: portions of those buildings were actually brought in, were they brought in separately or were they built on site. MR ZEISLER: No, they were all built, everything was built on site. CHAIRMAN GOEHRINGER: Everything was built on site. MR ZEISLER: And as I say the DEC will give a letter of non- use decision. We have over the 10 and half feet in the width. We haven't gotten it yet, but they told me on the phone, with the 10 and half feet and where as we have DEC approval for everything else and this is the furthest away from the water so. CHAIRMAN GOEHRINGER: Great. Thank you very much. You want your get a picture back right. We have a tendency to keep pictures, do want this back? MR ZEISLER: Yeah, that I need. CHAIRMAN GOEHRINGER: That's alright as long as I have the site map. Thank you. Is there anybody else who would like to speak in favor or this application? Is there anybody who would like to speak against the application? Hearing no further comments, I make a motion closing the hearing reserving decision until later. ALL IN FAVOR - AYE. (Hearings transcribed by tape, not present at hearings ) ' ;.~ ~, ' ' : i!'' '.'" iquesungappmvahofthemduccdlot .............. i area and depth of Parcels I and 2, NOTICE OF HEARINGS -- OTICE IS HEREBY GIVEN, ~aot to Section 2~? of the Town ~ and the Code of the Town of :,~old, the following roarers will ;~id for public headnss bufore the 5THOLD TOWN BOARD OF :'EALS at the Southold Town L 53095 Main Road, Southold, 11971, on FRIDAY, JULY 12, cie iii, Section 100-33 for ap- ainc, NY; County Tax Map No. ~ue, Fishers bland, NY; County ~.40 Zone District. LO~OII Of '~y: Comer of Weedy Drive and mty Tax Map No. 1000-128-5-7. ~:50 p.m. Appl. No. 4032 ~ · ,Ry AND PETER BLANK. ~eel: (a) under Article H, Secfien which nonconto~mities rcmath m pri- vate ownership following ap- propnatinn of the total balance of land after acquisition by the N.Y.S. DeparTment of Environmental Con- servauon, and ~equeating approval of the pn~posed budding area for place- ment of p~cipal dwelling structure with related accessory building(s). having insufficient setbacks in the front yard, ~ear yard and lot coverage in excess of the five (5%) percent Umit, and (b) under New York Town Law, Section 280-a, inte~T~eting non- jurisdiction or otherwise detemurang access approval. Location of Proper- ty: Along peter's Neck Road, extend- lng approximately 2900 feet south of ~g SHeet, Hamlet of Orient, Town of Southuld, NY; County Tax Map Parcel Nos. lO00-32-l-paa of 2 and 4; also Lot 3 (ROW). 8:00 p.m. AppL No. 4034 -- ANTHONY AND MARIA MER- CORELLA. Request for vamnce to the Zoning Ordinance, Article Section 100-33 for permission to ~mend previous variance application and decision rendered July 11, 1990 under AppL No. 3944 in order to locate two-cat garage braiding, with perkal e~ugement fo; a second with windows, and other structural mod~catinn$ as shown on a new con- stmction plan (including plumbing fadUties for a half bark), in an area other than the required rear yard. Location of property: 2250 Pecoinc Bay Boulevard, Laurel, NY; also known u Lot 19 e~ the Map of Edge- mere Park; County Tax Map No. 1000-145-4-4. 8:05 p.m. Appl. No. 4035 -- MR. AND MRS. EUGENE CROAS- DALE. Request for a variance to the t~on 100-30A.3 to pemrk adc~tion to dweLUng with insufficient front and side yard setbacks. Premises is non- confon~n8 as to lot area and width; the subject dwelling as exists is nonconforming as to the front and total side yard setbacks in Otis R-40 Zone District. Locmon of Property: 393 North Parish Drive. Sonthold, NY; County Tax Map No. 1000-71-1 6, containing 28,250 sq. ft. in tote] axe& 8:10 p.m. Appl. No. 4024 -- RONALD STR~TZLER, M.D. Re- que,~t for valance to the Zeroing Ordi- nance, Atdcle/~, Sec'den 100-33 for perm~sion to locate accgssoty tennis [be teqinred rear yard on tbis 4.9-Z acre panel. L~catton of Property: 3055 Soundview Avenue, Matrkuck, NY; County Ta.x Map No. 14. (Recessed from .uae 7, 1990 8:15 p.m. AppL No. 4037.-- JO~ AND RLCHARD 7.~JSLER. Request for variance to the Zen~g Otdinence, Aulcle nTA. Sec- rim1 100-30A.4 (100.33) for permission to 700 ~ackson's Landing Road, Mattitock, NY; Lot area is noncc~tforming in this R-40 Zone Distdct~ Map of Jackson's Landing. Lot #7, f'ded in the Sulfotk Cc~nty Clerk's Office as Map #5280; also identified as County Tax Map # 1000-113-4-9. The Board of Appeals wl]l at said time end place heat any ~nd aU pcr~on$ or tcpr=- sentetives design8 to be heard in the above- matters. Wri~gn commenLt may also be sub- mitted prior to the condmion d the subject hearing. Each hc~mtg wLIl not start before information, please caU 765-1809. Dated: Sua¢ 24. 1991. BY ORDER OF THE SOUT~OLD TOWN BOARD OF AppEALS GERARD P. GO~GI~ CHAIRMAN By Linda Kowalskl STATE OF NEW YORK) }SS: COUNTY OF SUFFOLK) said County, being duly sworn, says that be/she is Principal Clerk o! 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 regularly published in said tlewspaper once each week for I weeks successively, commencing on the --~ -/ day of Principal Clerk Sworn to before me this day of ,: J ~-~-'"~ / COUN'IYOF SUFFOLK ~IAIE OF NEW YORK · Palricia Wood,' bein§ duly sworn, says that she is the Edlloh of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and Ihal Ihe nolice of which the annexed is a printed copy, once uach week roi . .................... /.... /recks , y '~: .. ~ .'. .......... 19.7.,. Swll,n Ii, helll,¢ m~ Ihis ......... ~ ?. ~:~ .... day of ........... ~ .... ~9. Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, State ol New York NOTICE OF HEARINGS NOTICE IS HERESY GIV- EN, pursuant to Section 267 of The Town Law and the Code of the Town of Southold, the following matters will be held for public hearings before the SOUTHOLD TOWN ROARD OF APPEALS at the Southold Town Hall, 53095 Main Road, DAY, JULY 12, 1991, commen- a~//~ipropeialio, of the tota7 building(s), having insufficient setbacks in the front yah/, rear yard and lot coverage in ~xc~ of the five (5%) percent limit. and (b) under New York Town Law. Section 28~a. interpreting non-jurisdiction or otherwise L~cation of Property: Along Orient. Town of Southold. NY; Coumy Tax Map Parcel Nos. Lot 3 (ROW). 8:00 p.m. Appl. No. 4034~ ANTHONY AND MARIA MERCORELLA. Request for dinance, Article lit, Section 100-33 for permission to amend previous various app0cadon and decision rendered July Il, 1990 under AppL No. 3944 in order building, with partial enlarge- ment for a second floor with windows, and other struetu~ modifications as shown on a new construction plan eluding plumbing facilities for a half bath), in an area other than the requi~d rear yan:l. Location of Properly: 2260 Peconic Bay Boulevard, Laurel. NY; also known as Lot ~9 on the Map of Edgemere Park; County Tax Map NO. 1000-145-4-4. 8:05 p.m. Apph No. 4035- MR. AND MRS EUGENE CROASDALE. Request for a variance to Ihe Zoning Or- dinance, Article IliA, Section 100-JOA.3 to permit addition to dwelling with insufficient front and side yard setbacks. Premlscs 8:10 p.m. Appl. No. 402~- RONALD STRITZLER, M.D. Request for variance to the Zon- ing Ordinance, Article Ill, Sec- tion 100-33 for permission to locate accessory tennis court structure in an area other than the required ~eax yard on this 4.9+- acre parcel Location of Property: 8055 Soundview Avenue, Mattituck, NY; Coun- ty Tax Map No~ 10~0-94-1-1d. (Reees~d from June 7, 1991}. 8:15 p.m. Appl. No. 4037- JOHN AND RICHARD Z~ISLER. Request for variance to the Zoning Ordinance. Arti~ cie IliA, Section 100-30A.4 000-33) for permission to locate County Tax Map No. ~,h 1 Thl~O~lB3oa~-r~t of Appeals will at ~' IX-6/2?/gl(gO) I APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the tJ~e allotted in the attached Legal Notice. If you or your representative should require more than 20 minutes to present your case, it is suggested that the extended presentation be submitted in writing at the hearing (if possible). Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Enclosure Copies of the Legal Notice for Hearings to be held 7/12/91 were sent to the following on 6/26/91 except as noted: Times-Review (delivered 6/24/91) Long Island Traveler-Watchman, Inc. (delivered 6/25/91) ZBA Board Members with copies from files Individual hearing folders Original posted on Town Clerk Bulletin Board 6/24/91 Ms. Randi Lacalamita 1395 Henry's Lane Peconic, NY 11958 Mr. Paul Reich P.O. Box 384 Peconic, NY 11958 Stephen L. Ham III, Esq. 45 Hampton Road Southampton, NY 11968 (for Oliveri) Steve Latham, Esq. (Re: Oliveri) Twomey, Latham, Shea & Kelley P.O. Box 398 33 West Second Street Riverhead, NY 11901 Mr. Norman Reilly, Jr. A. Reilly & Sons, Inc. P.O. Box 98 Mattituck, NY 11952 John M. Wagner, Esq. 108 East Main Street P.O. Box 279 Riverhead, NY ~11901 Tech Associates 3900 Veterans Memorial Highway Bohemia, NY 11716 Mr. and Mrs. Anthony J. Mercorella 2260 Great Peconic Bay Boulevard Laurel, NY 11948 Mr. Garrett A. Strang, R.A. P.O. Box 1412 Southold, NY 11971 Ronald Stritzler, M.D. 51 Stirrup Lane Roslyn Heights, NY 11577 Column No. Town of Scuthold Bulk Schedule for Re~dontlsd Districts [Added 1-10-89 by L.L. No. 1-1989] iii iv v vi vii A-C R-40 R-80 R-120 R-200 R-400 HD RR RO ~ See text of chapter and Density and Minimum Lot Size Schedules for applicable d~strtets. ~ Except one bedroom or studio in multiple dwelbng may h~e six hundred (600) square feel Minimum fl~or area may be reduced up ta two hundred (200) for moderate- and/or lower-cost dwellings. ~ Except one-bedroom or studio in multipie dwelling may have six hundred (600) square f~et. 2 - 25 - 89 'V/ · ESSEK$, HEFTER & ANGEL COUNSELORS at LAW I08 EAST MAIN STREET P. O. bOX 279 ~:~IVERHEAD, N.Y. 11901 (516) 369-1700 TELex-EHCA 6852318 UW June 7, 1991 Town of Southold Zoning Board of Appeals Town Hall, 53095 Main Road Southold, New York 11971 P. O. Bo× 570 WATER MILL, N.Y. 11976 (516) 726-6633 Attention: Ms. Linda Kowalski Re: Application for Variances/Interpretations of Peter and Mary Louise L. Blank Dear Ms. Kowalski: I enclose herewith, in connection with the above-referenced application, four (4) prints of a revised survey showing the proposed building envelopes for construction of single-family residences and accessory structures on the subject parcels. These surveys, which were last revised June 4, 1991, also indicate the percentages of the two subject parcels that are covered by the proposed building envelopes. Based upon the enclosed surveys, I respectfully amend the subject application to request additional variances of the "lot coverage" requirements for parcels 1 and 2 to allow maximum lot coverages of 16.8% and 24.7%, respectively. These variances are necessary to permit reasonable building envelopes on the subject parcels, as proposed. It should be noted that, although variances are sought for lot coverages of parcels 1 and 2 of 16.8% and 24.7%, respectively, the actual coverage of the lots after construction will likely be substantially less than the percentages given, as all areas of the proposed building envelope are not likely to be built upon. Very truly yours, John M. Wagner JMW:pi Encs. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio~ Robert A. V~l/a Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD July S.E.~.R.A. TYPE II ACTION DECLARATION 12, SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 1991 Appeal No. 4032-a Project/Applicants: County Tax Map No. Location of Project: Peter Blank 1000-32-1.4.1 Peter's Neck Road, Orient, NY Relief Requested/Jurisdiction Before This Board in this Project: Area variances and 280-A interpretation This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board's area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617.2jj, this Department is excluded as an involved agency. This determination shall not, however, affect any other agency's interest as an involved agency under SEQRA 617.2jj. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. mc JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: F ROM: DATE: RE: Zoning Board of Appeals Office of the Town Clerk May 29, 1991 ZONING APPEAL APPL. NO. 4032 - PETER & MARY LOUISE BLANK Transmitted herewith is Zoning Appeal Appl. No. 4032 - Peter & Mary Louise Blank together with a letter from John M. Wagner of the firm of Esseks, Hefter & Angel re: their application, the Notice to Adjacent Property Owners, the Notice of Disapproval from the Building Department, the Short Environmental Assessment Form, the Zoning Appeal Board's Questionnaire, a copy of their deed, a letter from Peter & Louise Blank designating the law firm of Esseks, Hefter & Angel as their agent, and a copy of the survey showing the proposed construction. Judith T. Terry Town Clerk Peter's Neck Road Orient, New York March 29, 1991 11957 Zoning Board of Appeals, c/o Town Hall 53095 Main Road Southold, NY 11971 Town of Southold Re: Property owned by Peter Blank and Mary Louise Blank - Peter's Neck Road, Orient, Southold, New York Dear Chairman and Members of the Zoning Board of Appeals: Please be advised that the law firm of Esseks, Hefter & Angel has been designated by us as our agent to make application for variances, interpretations and other relief given by the Zoning Board of Appeals on the above-described property. They have authority to file the aforementioned variances, etc. in this connection on our behalf. Please be further advised that any partner or associate of the law firm of Esseks, Hefter & Angel is authorized to execute documents in connection with the aforementioned variances, etc. Very truly yours, MARY LOUISE BLANK P ~..'I' ~..R BLANK- JANE ANN R. KRATZ JOHN M. WAGNER ESSeK$, HEFTER & ANGEL COUNSELORS At IAW i08 EAST MAIN STREET P, O. BOX 279 RIVeRHeAD, N.Y. 11901 May 23, 1991 WATER MILL OFFICE MONTAU K HIGHWAY P. O. BOX 570 WATER MILL, N.Y. I I976 (516) 726-6633 Town of Southold Zoning Board of Appeals Town Hall, 53095 Main Road Southold, New York 11971 Attention: Ms. Linda Kowalski Re: Application for Variances/Interpretations of Peter and Mary Louise L. Blank Dear Ms. Kowalski: I enclose herewith, for filing, the following, in connection with the above-referenced application: 1. Notices of Disapproval dated April 19, 1991; 2. Original application; 3. Original Notice to ~joining Property Owners Form, with certified mail receipts; 4. Short Environmental Assessment Form; 5. ZBA Questionnaire; 6. Current deeds for the subject parcels, recorded at Liber 5286 of Conveyances, Page 33 and Liber 10991 of Conveyances, Page 596; 7. Four prints of a survey showing the proposed building envelopes for construction of single-family residences and accessory structures on the subject parcels; and 8. Copy of letter, dated March 29, 1991, authorizing my firm to act as the agent for Peter and Mary Louise Blank on this application. E$$EK$, HEFTER & ANGEL COUNSELORS AT /AW Ms. Linda Kowalski May 23, 1991 Page Two A check for the filing fee will be submitted under separate cover. Please review the enclosed and proceed to schedule the application for public hearing. If you have any questions or require any further information, please call me. Very truly yours, John M. Wagner JMW :pi Encs. APPEALS BOARD MEMBERS ~Gerard P. Goehnnger Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 July 1, 1991 John M. Wagner, Esq. Esseks, Hefter & Angel P.O. Box 279 108 East Main Street Riverhead, NY 11901 Re: Appl. of Peter and Mary Louise L. Blank Dear Mr. Wagner: This will confirm that the subject application has been reviewed and the following are requested at this time: (a) Proof of notice to an adjoining landowner (New York State) at the address shown on the assessment records must be done immediately, particularly since this matter has been advertised for a public hearing to be held on July 12, 1991. Please provide us with an Affidavit of Mailing together with the postmarked certified receipt from the post office that the appropriate notification has been mailed. (b) a copy of an abstract of title from a reputable title insurance company certifying single-and-separate ownership of the subject lots, which should be submitted as soon as possible. /~(c) separate $500.00 filing fee is necessary for the second lot ]~_~[since the two lots are not merged as originally believed. The Please call our office if you have any questions. Thank you. Very truly yours, GERARD P. GOEHRINGER CHAIRF~N Column No. i ii Front yard (feek~° 60 50 60 NOTES: Town of Southold Bulk Schedule for Resldentla] Districts [Added 1-10-89 by L.L. No. 1-1989] iii iv v vi vii 200 270 3O0 400 60 60 30 30 6O 60 850 850 10 5 35 35 2½ 2½ Residential Unit Where Community 2-Family Detached Water and Sewer Dwellings in R-80 RR RO Awilable District 400,000 20,000 20,000 40,000 10,000 160,000 270 75 75 150 60 270 400 120 120 175 80 400 60 35 35 50 30 60 60 30 30 35 30 60 I00 35 35 50 30 85 5 25 25 20 25 10 35 35 35 35 35 35 2½ 2½ 2½ 2½ 2½ 2½ See text of chapter and Densiiy and Minimum Lot Size Schedules for applicable distr~cts. Except one-l:~!droom or studio in multiple dwelling may h:tve six hundred (600) square feet. Minin~m floor area may be reduced up to two hundred (200) for moderate- and/or lower-cost dwellings. Except one-bedroom or studio in multiple dwelling may have six hundred (600) square feet. 2 - 25 - 89 ,~~ ~ SOUTHOLD CODE § 100-23 § 1~23_.~. fect of establishment of districts. Following the effective date of this chapter: A. No building shall be erected, moved, altered, rebuilt or enlarged, nor shall any land or building be used, designed or arranged to be used for any purpose or in any manner, except in conformity with all regulations, requirements and restric- tions specified in this chapter for the district in which such building or land is located. B. No yard or open space required in connection with any building or use shall be considered as providing a required open space for any other building on the same or any other lot. C. No lot shall be formed from part of a lot already occupied by a building unless such building, all yards and open spaces connected therewith and the remaining lot comply with all requirements prescribed by this chapter for the district in which said lot is located. No building permit shall be issued for the erection of a building on any new lot thus created unless such building and lot comply with all the previsions of this chapter. D. Nothing contained in this chapter shall require any change in the plans, construction or designated use of a building complying with the Zoning Ordinance in force prior to this chapter if the following is found to exist: (1) A building permit shall have been duly issued and construction shall have been started before the effective date of this chapter. (2) The ground story framework (including the second tier of beams) shall have been completed within six (6) months of the date of the building permit (3) The entire building' shall have been completed in accordance with such plans as have been filed with the · ,~ Building Inspector within one (1) year from the effective  '??,~] date of this chapter. E.:/~y use not permitted by this chapter shall deemed ~)rehibited. Any list of prohibited uses contained in any section ~' ~:'of this chapter shall be deemed to be not an exhaustive list but 10036 s- e~- s9 § 100-31 ZONING § 100-32 (b) Adequate supervised parking facilities shall be provided. (c) No signs, except one (1) on, ggpremises sign not larger than six (6) square feet in size displayed for a period of not longer than one (1) week immediately prior to the day of such sale, shall be permitted. (d) A permit is obtained therefor from the Building Inspector upon the payment of a fee of fifteen dollars ($15.). _ § 1~32~., area and parking regulations. No building or premises shall be used and no building or part thereof shall be erected or altered in the Agricultural-Conservation District and in the Low-Density Residential R-80 District unless the same conforms to the Bulk Schedule and Parking Schedule7 incorporated into this chapter with the same force and effect as if such regulations were set forth heroin in full, as well as to the following bulk and parking requirements: A. In the cose of a lot held in single and separate ownership prior to November 23, 1971, and thereafter, with an area of less than forty thousand (40,000) square feet, a single-family dwelling may be constructed thereon, provided that the requirements of Column vii of the Bulk Schedule and the Parking Schedule incorporated in this chapter are complied with. B. The bulk and parking requirements for single-family dwellings as set forth in Column ii of the Bulk Schedule and the Parking Schedule incorporated into this chapter shall apply to the fo]lowing lots: (1) All lots shown on major and minor subdivision maps which were granted final approval by the Planning Board prior to May 20, 1983. (2) All lots shown on major subdivision maps upon which the Planning Board has held a hearing for preliminary map approval prior to May 20, 1983. 7 Editors Note: The Bulk ~hedule is included at the end of th~ chapter, and the Parking 10049 6 - l- se § 100-32 SOUTHOLD CODE § 100-33 (3) All lots shown on minor subdivision maps that have been granted sketch plan approval by the Planning Board prior to May 20, 1983. (4) All lots set off or created by approval of the Planning Board subsequent to November 23, 1971, and prior to May 20, 1983. C. The bulk and parking requirements for single-family dwellings set forth in Columns i and iii of the Bulk Schedule and Parking Schedule incorporated into this chapter shall apply to the following lots: (1) All lots shown on minor subdivision maps which have been granted sketch plan approval by the Planning Board on or afar May 20, 1983. (2) All lots shown on m~jor subdivision maps upon which the Planning Board has held a hearing for preliminary map approval on or after May 20, 1983. (3) All lots set off or created by approval of the Planning Board on or after May 20, 1983. D. The bulk and parking requirements for two-family dwellings set forth in Column xii of the Bulk Schedule and Parking Schedule incorporated into this chapter shall apply to the following lots: (1) All lots shown on minor subdivision maps which have been granted sketch plan approval by the Planning Board on or after May 20, 1983. (2) All lots shown on ma~or subdivision maps upon which the Planning Board has held a hearing for preliminary approval on or after May 20, 1983. (3) All lots set off or created by approval of the Planning Board on or after May 20, 1983. § 100-33. Accessory buildings. [Amended 4-10-1990 by L.L. No. 6-1990] In the Agricultural-Conservation District and Low-Density Residential R-80, R-120, R-200 and R-400 Districts, accessory 10050 s- I- so x C /a a6 -~ 32 - / - 4./TOWN OF SOUTHOLD OWNER ; STREET ~.ES..~/6 LAN~) SEAS. VL FARM IMP. TOTAL DATE P~JIOPERTY RECORD CARD VILLAGE DISTRICT SUB. LOT COMM. ACREAGE ~_. ~.~. TYPE OF lIND. JCB. J MISC. J Est. Mkt. Value 3 ')~ o 3oo Farm Tillable 1 Tillable 2 Tillable 3 Woodland Swampland Acre /./, ¢o o ,x BELOW Volue Per Acre '2/ / ~/~/OABOVE FRONTAGE ON ROAD BULKH~D ~ 6 D~K Value ' Brushland House Plot Total FRONTAGE ON WATER ~-~</o o , ! M. Bldg. ! ~.~1'/.~'~ ' ' - ~ . Foundation Extension i_~r,~ :? ~.~ ~ ~))//~f/' ~ ~ ~Z~Basement ExtensiOn I F~ /~; /~~ ~ ~/~ ~ ~ ZZZ~/LFire Place 1 Breezeway J Patio Garage Driveway o.~. ~ Bath Floors Porch Porch Heat Roof Type Rooms 1st Floor Rooms 2nd Floor TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST, SUB. RE~O S~S. VL FArM COMM. CB. MISC. Mkt. Value ~ND IMP. TOTAL DATE REMARKS .~/~/~ FA~ Acre V~ue Per ' ~alue Acre Tillable Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER ~.~ Brushl~nd FRONTAGE ON ROAD House Plot DEPTH ~ .~ ~ ~ .* ~ BULKH~D DOCK COLOR M. Bldq. Extension ' Exte/n~i~'n' Extension Porcht't ~Y Garage Patio Foundation Basement Ext. Walls Fire Place Type Roof ~ecre'ation Room Dormer Driveway Bath Floors Interior Finish ,/ Heat Rooms ]st Floor i Rooms 2nd Floor E'Z E,r-. , Dinette Ko DR. BR. FIN. B. I OWNER ' TOWN OF SOUTHOLD P~OPERTY RECORD CARD FORA~ OWNER I RES..-~/0 IS S' LANDI IMP. G~oo NOP,)AAL Farm Acre Tillable 1 Tillable 2 Tillable 3 Woodland Swampland Brush lance=,- .,~ STREET VL. FARM DAT~ - TOTAL I VILLAGE COMM. ~ND. ICB. REMARKS DISTRICT SUB. .2., ACREAGE ~ TYPE Of BUILDING LOT ~ MISC. Est. Mkt. Value BUILDING CONDITION ABOVE Vague FRONTAGE ON WATER FRONTAGE ON ROAD BELOW Value Per Acre BULKHEAD DOCK House Plot Total M. Bldg. Extension~_,k~ ExtensionV Foundation Basement Ext. Walls Floors Interior Finish Extension ¢_ Fire Place Garage O. Bo Porch Heat Roof Type Rooms 1st Floor Rooms 2nd Floor Dormer SOUTHOLD P~OPERTY /~ aa - z,~ -/- ? TOWN OF RECORD CARD OWN ER STREET LOT FORMJ~R_ OWNER I RES. ~2/~ I s~s. LANDI IMP. J VL. VILLAGE lo, no _./ ;(AGE -- tNEW NORMAL DISTRICT SUB. Farm Acre Value Per Acre Value FRONTAGE ON ROAD Tillable 1 BULKHEAD Tillable 2 DOCK Tillable 3 Woodland Swampland Brushland ~ '~ House Plat Total z/~o o DATE TOTAL BUILDING CONDITION BELOW ABOVE FRONTAGE ON WATER ~2~ ~ /,~"' ~ ~_~. ., '~ I E .., ,~, /"', , ACREAGE ~-- FARM COMM. ~ I IND. ~ CB. MISC. Est. Mkt. Value M. Bldg. Extension Foundation ~/' ~) Bath Basement ~') l~Floors Extension ,~ r,,(' ~ ! ~'~ Extension 'Ext. Walls j~'l,~' Interior Finish Fire Place / Heat Breezeway Garage O.B. IL~Porch Porch Patio Driveway Dormer oof Type Rooms 1st Floor Rooms 2nd Floor /~aa ..~.~ _/_// TOWN OF SOUTHOLD PROPERTY REC:ORD CARD OWNER STREET VILLAGE DIST. SUB. LOT E ACR. S~ W ~PE OF BUILDING P.~, ~/~. ~ ~- ..,. ~.~ RES. S~S. /~ ..... FARM COMM. CB. MISC. Mkt. Value ( I O ~ / g ~,'--0 ,/ '~'/~:~/'"' I AGE BUILDING CONDITION N~ NORMAL BELOW ABOVE FA~ Acre Value Per Value Acre Tillable Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER ~ ~ ~ ~ /~.,/~.. Brushlond FRONTAGE ON ROAD House Plot DEPTH ~ ~0 BULKH~D ~otol DOCK /~_~ , /=/.~ t TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREW VILLAGE DIST. SUB. ~ W / TYPE OF BUILDING ~Nd ..... IMP. TOTAL DATE/ REMARKS ' / ' AGE BUILDING CONDITION N~ NORMAL BELOW ABOVE FARM Acre Value Per Value ~,"~ m~ ~ ~=~,~ Acre ~c]~~ I ~oo~o~ ~m~ ~ /~ -~oo Tillable 2 L~fa~ '~ ~oot ~,~ , Woodland ~ O ~ ~ Swampland ~,~ ~¢~)~ lOO ~ ~5 FRONTAGE ON WATER Brushland t~q%F¢~(:,!~]~, ~ ~ (~ ~ FRONTAGE ON ROAD House Plot ~-~t DEPTH BULKH~D j Total DOCK TOWN OF SOUTHOLD PROPERTY, ~ECORD CARD ~, ~., OWNER STREET VILLAGE DIST. SUB. LOT ~_, FOYER OWNER N ~ ~ v~ ~'o~ J ~4 I S W ~PE OF BUILDING RES. - SEAS. VL ~.~ I ~ FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS Tillable FRONTAGE ON WATER ~ OO~ ~. ~, W~land FRONTAGE ON ROAD Meadowl~nd., DEPTH H~ Plot BULKH~D Total .4- Foundation gasoment F ire Pl~ce Pool - ],~ ~ , Patio Driveway 6'To i I i I Rooms 2nd Floor J:,aensi~n Fo~ ch r~cI,. Attic Rooms 1st Floor Heat TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. SUB. LOT S W TYPE OF BUILDING RES..' S~S. VL. ~1 ~ FARM CO~. CB. MICS. Mkt. Value ~ND IMP. TOTAL DATE R~RKS ~/ / ~ Tilloble FRONTAGE ON WATER ~)O ~ ~ ~c~ ~ ~c~:~ W~lond FRONTAGE ON ROAD Meodowbnd · DEPTH House Plot BULKH~D Tot~ I Parcel No. Area of Building Envelope Lot Area Percent of Let I 12085 S.E -~ I. 6461 Acres = 168% 2 18871 S.F. + t.7478Acres = 24.7% SURVEY FOR PETER BLANK & MARY LOUISE BLANK AT ORIENT TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. I 617.21 'k. Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PA.~RT I~PROJECT INFORMATION (To be completed by Applicant or Project sponsor) I 2. PROJECT NAME --Peter Blank & Mary Louise Blank Blank Variance Application Mun~o..~ Orient, Town of Southold ¢ou.~ Suffolk Neck Peter's/Road, Orient, Southold Town ~] New [] Exoanslon [] Modification/alteration E. DESCRIBE PROJECT ERIEFLY: ~tain necessary variances to permit construction of single-family residences on two vacant parcels. 7. AMOUNT OF LAND AFFECTED: Initially: 8. WILL PROPOSED ACTION COMPLy WITH EXISTING ZONING OR OTHER EXISTING LAND USE RES~ I~ Yes [] No It NO. describe briefly Lot area, lot. depth, and setback variances required. Variance or interpretatiot~ of Town Law §280-a required. 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? - [] Residential [] Inclustrial '?'1 Commercial [] Agriculture [] Park/Forest/Open space Tax Parcel 2: 1.7478; Tax Parcel 4:1.6461 acres [] Othe~ 10~ DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL A~ STATE OR LOCAL)? [] Yes [] NO If yes, list agency(s) and permiuapprovals New York State Dept. of Environmental Conservation - Tidal Wetlands Southold Town Trustees - Wetlands $1. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?-- Yes [] No If ye~, list agency name and permit/approval 12. AB A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION? [-]Ye, []No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY }(NOWLEDGE Applicant/$oon$o, name, John H, Wagner, attorney for Peter Blank /~ /~Mary Louise Blank O~e: , OVER 1 (ContinUed on reverse side) SEQR .L~he.N'Y-S- Environmental Oualit,, Rev=- -- - SRORT ENVIRONMENTAL ASSESSMENT FO~i INSTRUCTIONS: (a) In order 20 answer the questions in this short EA~ it is assumed that the preparer will use c~rrently .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 E~vironmental Assessment Form is necessary. (c] I£ all questions have been answered No it is likely that the project is not significant. (d) E~vironmental Assessmen~ · 1. Will project result in a large physical change to the project site or physically alter more ~ than 10 acres of land? · es X NO 2. Will there be a major change to any unique or u~usual land form on the site? ___Yes X__..No 3. Will project alter or have a large effect on an existing body of water? 4. Will project have a potentially large, impact on groundwater quality? Yes x NO 5. Will project significantly effect drainage flow on adjacent sites? 6. Will project affect any threatened or endangered plant or animal species? X ?. Will project result in a major adverse effect on air quality? Yes 8. Will project have a major effect on visual char- known to be important to the conu~unity? ..._Yes x NO 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontolog£cal importance or any site designated as a critical environmental area by a local agency? ___.Yes x No 10. Will project have a m~jor effect on existing Or future recreational opportunities? .~Yes x NO Il. Will project result in major traffic problems or Cause a major effect to existing transportation · systems? ' X Yes NO 12. WEll project regularly cause objectionable odors, noise, glare, vibration, Or electrical disturb- ance as a result of the project's operation? Yes x --__ _.__No 13. Will project have any impact on public health or safety? ~Yes x___~o 14. Will project affect the existing community by . directly causing a growth in permanent period or have a major negative effect on the charact~ of the community or neighborhood? Is there public controversy concerning the . project? ~:~r;~ting~ Peter Blank & Mary Louise Blank Date: QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached.) p~ter Blank Owner of Tax Lot 4 Mmrv Louise Blank Owner of Tax Lot 2 B. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? { } Yes {x } No. (If Yes, please attach copy of "conditions" of sale.) C. Are there any proposals to change or alter land contours? { } Yes {x} No , except to the extent such changes are eventuaIIy required for construction of residential structures. D. 1. Are there any areas which contain wetland grasses? Yes 2. Are the wetland areas shown on the map submitted with this application? Yes 3.Is the property bulkheaded between the wetlands area and the upland building area? No 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? Such ~a~tact to be made prior to hearing on this application. E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? Yes (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting? None If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? No 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 co-owner also own other land close to this parcel? Yes If yes, please explain where or submit copies of deeds.Peter's Road,Orient - Tax Parcel No. 1000-032.00-01.00-007.000 I. Please list present use or operations conducted at this parcel vacant and proposed use single-family residential A~t~ndriz6d SignatUre and Date 3ohn ~. Wagner, attorney for Peter 3/87, 10/901k Blank and Mary Louise Blank § 97-13 WETLANDS § 97-13 TOWN -- The Town of Southold. TRUSTEES -- The Board of Trustees of the Town of Southold. [Added 6-5-84 by L.L. No. 6-1984] WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 by_L.L. No. 6-1985]: i ~J'~ ~'~' · ~!' ~- DAL WETLANDS: (1) All lands generally covered or intermittently coy- 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, fiats or other low lying lands subject to tidal action; (2) All banks, bogs, meadows, fiats 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 low march cordgrass; and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 24, Ti- tlc 1, § 24-0107, Subdivisions l(a) to l(d) inclusive, of the Environmental Conservation Law of the State of New York; and (2) All land immediately adjacent to a "freshwater wet- land," as defined in Subsection B(1) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." 9705 ~DENTUitE, m~do tho~ ~dny 5I.~ ~-[~ , nine~ hund~d and 8~XCy-~WO, ' BE~EN G~E LAT~, a/r/a G~E R. LAT~, and E~IZAB~H E. LAT~, his wife, ae to her dowe~ inte~ests, both reeling at {no number) Bacon Roa~, Old Weetbu~y, New York, p~ i e ~ of ~e fi~t p~ MABX-LOUISE L. BLANK, residing at (no number) Mea~iow ~, OIA ~eatbury, New York, party of tho eccond part, of tho first,part, in consideration of WI'IPNESSETII, that the partiea · ~EN.4a na,'ne/:t.O 0.,~(-$10. 0 o ) ...................... Dollars, la~ulmoneyo/~eUni~dStates, and othe~ valuable oon~idera~ion~ paid by ~ p~ y of '~e s~ond p~ do hereby grant ~d r~eam ~to ~e pa~ y of ~e ~ond p~ [ her heirs and ~ ~[ . ~.~.that oer~aln ~leoe or parcel of land, sit~te a~ Orient, Town ~°)]Southol~','Oounty.of Suffolk and 5tats of New York, bounded an~ describe~ of ~nt of F~noes ~. ~o~;l~sS; ~nnin; ~henoe on the extension ~?.~ feet; thenoe (3) 8. ~o ~2~ 20" ;.-~?.~9 feet ~o Che oente~ of an $nle~ leonine rr~' Pete ~eo~ O~eek ¢o · oe~t~in 8alt)pon6;(l thence alon; of George R. ~tham, Jr., two oo~ses as follows: $outhwes~erly and ~he ~.nor~wem$.e~12. ~.the~oen~er .of said inlet. 200 feet mo~e or leas; ~henoe' (2) S;Y':3~'o~29'~i~.~22'0"fee~ more or less ~o ~he oral,fy high waSer.=ark of Orien~ Bay; ~henoe northwesterly along said ordinary high wate~L~k.'8~0 fee~ more or less to land oonveye~ or to be conveye~ by the ~rty ~f ~e firs~ par~ ~o Nargare~ L. 5~c~n; thence along last-mentioned land, N. [37' 50" E.-460 fee~ more or less to said land of F~noes E..D~uglasal ~he~o~ along aai~ lan~ of F~nces E. Douglass ~o courses as roll,s. (1) S. 6~e'.,- 365 20" E.-272.63 fee~; ~henoe (2~ N. 59° 21' 50" E.-57.03 fee~ tS the ~oin~ ]TOGET~R wi~h a ~ight of ~ay Over ~ata Private Rosa northwesterly ~b0d~ · 2900 feet to King_Street. B~J~T to a de~tion of core,nra and read,orions affecting the here-. in Aeso~ibeA property to be hereinafter ~de by the ~rty of the fi~zt part an~ recordeA ln.~,~e Office of the Clerk o~ ~he 0ounty of Suffolk, Btate of N~ York. TOG~R wi~h al~f~.the right, title and interest of the ~rtiea of ~he first ~r~ of, in and ~o:the land unAer water In Orient Bay, lying conti~ous to TOGETHER.with all right, title and interest of the part left of the first part of, in and to tim land lying in the ~treets and roads~in front of and adjoirling said premises. TOGETIIER v~th the appurtenances and all t4e estate and ri~h~ of the parties o! the first part in and to said premises. TO HAVE AND_ 'TO IIOLD the premises herein granted unto tho pa~y of the second part, her heirs . - and assigns forever. The g~ntor, in compliance with Section 13 of the Lien Law, covenants that tho grantor will re~ive tho ~onsid. eratlon for this conveyance and will hold the right to receive such consideration as a trust fund to I~ appliexl first for ~hs purpo~ of paying tho cost o£ tho improvement and that thc grantor will apply the same first to the payment oi cost of tho hnprovement bolero using any part of thc total of tho ,ama for any other purpose. E. AiN'I}thesald GEOI:~'E LATHAM, and ELIZABETH/LATttAM, hie wife, covenant that ~oy have not &one or aut][ere~ ,anything whereby tho said premlse~ have been encumbered in any way whatove¥. Oxoep'~ 8a 8~ wi'I~SS WHEREOF, ~c p~O~' oI tho first pa~ haVO hereunto ~ct ~ho~ h~d8 ~8 ~e ~[ ~d ye~ first ~ovo w~Sttem s ' ,- ~ NASgAU "GEO~E LIT~ an~ E~Z~ETH E. I~T~, hie wife, ~ me ~o~ ~ ~o~ to me to Be ~he M~v[Ju~ ~c~be~ ~n, and who cx~ute~, ~e torego~ng ~t~, ~ .4~' ~ '- ~ ~,: · · ...... :.... - ~AN ~LtPP Cl~k of Suffmk CmmW lIST: .000 132.00 iLK.: )1.00 .OT: 104. 000 '0991P 59 ' CONSULT YOUI LAWYII IIfOll SIGNING TNIS INSTRUMINT-THIS INSTIUMINT SHOULD II USID 11' LAWYISS oNL1, HIS INDENTURE, made thc I/~ day of November , nineleen hundred and eil~ty-nine BETWEEN Mav:(-Loulse L. Blank, residing at No// Peter's Neck Lane, Orient, New York 11957 :147SS party of the first part, and ' Peter Blank, residing at No# Peter's Neck Lane, Orient, New York 11957 party of the second part, WITNF.~$ETH, that the party of the first part, in consideration of ten dollars and other vah,able consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL thai certain Rh~-.piece or parcel of land, with thc buildings and improvements thereon erected, situate ~~ at Orient, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a concrete monunmnt set on the easterly line of a certain 33-foot Private Road at the southwesterly corner of land of Frances E. Douglass and ~.ru~_~ing thence along said land of Frances E. Douglass, N. ?l degrees 56' 00n '"~-370 feet more or less to P$te Neck Creek; thence along the shore of Pete Neck Creek, southerly and then westerly about 930 feet =o the easterly line of a certain 25-foot Private Road; thence along said 25-foot Private Road three courses as follows: (1) N. lq degrees, q2' 20" W.-295 feet more or less, thence (2) N. 27 degrees ll' 20" W.-lq6.02 feet; thence (3) N. 53 degrees 12' 20" W.-99.56 feet to said certain 33-foot Private Road; thence along said 33-foo~ Private Road N. 8 degrees 04' 00" W.-30.O feet to the point of BEGINNING. TOGETHER with a right of way over said Private Road northwesterly about 2900 feet ~o King Street. .~ ,~ TOGETHER with all the right, ~itle and interest of the parties- of the first par~ of, in and to the land under wa~er in Pete Neck Creek, lying contiguous ~o said premises. $ TOGETHER with all right, title and interest, if any, of the party of the first part. in and to any slceet~ and roads abutting the above-described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns 6f the party o! the second part forever. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the fiist part will receive the consideration foe this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the ~mprovement before using any part of the total of the samexfor :/I~Y other purpose. The ~o,~d "party" ,~hall .~,b~. i:onsJ:rued as if it read "parties"X~ybenever the sense of this indenture so requires. ~ \"~4 IN WI .11~.F~I$,Wl'IER~F, the party o' the first Part has duly executed this dsed the day and year first above written.; . - ' STAT! OP HIW YOLK, COUNTY Oil S~ SS: O~1 the 1~4. day of N6~embev, 19 89 , before me personally came to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed the ~_~ ~. BTEPHEN FL ANGEL Notavj Pu~ic, State at NeW York No. 4803749 Qualified in Sullolk County Commission Expires September 30,1990 STATE OF NEW YORK. COUNTY OF SS: On the day of 19 , before me personally came to me known, who,' being by me duly sworn, did depose and say that he resides at No. ; that he is the of , the corporation described in and which executed thc foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. STATI aP NIW YORIIIII~OU#TY OF On the 'd~y of 19 , before me personally came to me knowd to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. STATE OF NEW YORK, COUNTY OF SS: On the day of 19 . before me personally came the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. ; that he knows to be the individual described in and who executed the foregoing instrument; that he, said subscribing wigness, was present and saw execute the same: and that he, said witness, at the same time subscribed h name'as witness thereto. ~,-¥1THOUT COYENANT AGAINS? GRANTOR'S ACTS 'FITLE NO, MA~Y-LOUISE L, BLANK TO ?t~.L'~t,l BLANK rANDARE IrON ~ NEW YOIt IaMB Of TITLE I/EDBW~ElS Distributed by Cll IG~L. GO TITLE INSURAMCE COMPANY SECTION 0 3 2 · 0 0 nrocr, 0 1.0 0 LOT 004 · 000 COUNTY OR TOWN SUFFOLK R~rdtd at Request o~ CHICACO TITLE INSURANCE COMPANY Return b~ Mail to E$SEK$, HEFTER & ANGEL P. O. BOX 279 RIVERHEAD, NEW YORK 11901 2192 R-200 R-200 ,/ TOWN CLERK TOWN OF SOUTHOLD Suffolk Counly, New York 516- 765-1801 N.0 3 9 $36· ', Southold, N. Y. 11971~~19 ~udi$ T. Ter~, Town ~lerk ............................. :~.~ ............... ZONE B NATIONAL Fli~iJl) INSUi~A~,~C.E TOWN OF SOUTIIOLi), NEW SUFFOLK COUNrY PANEL 46 OF' i20 360813 0,34& D AF-RIL i7,19S5 E~OARD OF APPEALS, TOWN OF SOUTHOLD In the Mailer or the Petition of Peter & Mary Louise Blank lo the Board of Appeals of the Town nf Southold TO:New York State Department of Environmental Conservation 50 Wolf Road Albany, NY 12233-0001 NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intemion of the unde~igned 1o petition the Board of Appeals of the Town of Southold to request a ~ (Special Exception) (Special Permit) (Other) [circle choice] and 'interpretation to permit construction of single-family residences and accessory st~ctures on two parcels. 2. That the properly which is the subject of lhe Petition is located adjacent to your property and is des- cribed as follows: Two parcels located on easterly and westerly sides of Peter's Neck Road Orient, Town 0f Southold; New York. (Suffolk County Tax Parcels 1000-032-01-002.000 & OO4.OOO) '~ R_2~0Tha! the property which is the subiect of such Petition is located in lhe following zoning district: 4 Tha( by such Pelitiun, lhe undersigned willrequestlhe followingrelief: Variances of Southold" Tow~ Code Sections 100-23 and 100-32; variance or interpretation of Town Law Section 280-a. S. Thal Ihe provisions of lhe Southold Town Zoning Code applicable to/he relief,sought by the under- signed are Article II & III Sectic~ 100-23 & 100-32 , Ix] Section 280-A, New York Town Law for approval of access over right(s).of_way[ 6. Thai within five day's from the date hereof, a written Pelilion requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regu ar office hours. (516) 765-1809. 7. That before lhe relief sought may be granted, a public hearing must be held on the mailer by the Board of Appeals; thai a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Walchman, newspapers published in the Town of Soulhold and designated for the publication of such notices; that you or your representative have the Hght to appear and be heard at such hearing. \ .. Dated:' July'l, 1991 ~etitionnnn~et John' M. Wagn~, attorney for app%icants 0w~ers'Na~les: Peter & Mary Louise Blank Post Office Address ' .~/o Esseks~ Hefter & Angel, 108 East Main Street, Riverhead, NY 11901 Tel. No. (516) 369-1700 [Copg of sketch or plan showing pr0posal to be attache~ for convenience purposes.] NAM~ PROOF OF MAILING OF NOTICE ATTACH CERTIFIED HAIL RECEIPTS ADDRESS New York State Department of Environmental Conservation 50 Wolf Road Albany, NY 12233-0001 p 270 178 372 RECEIPT FOR CERTIFIED MAIL NO iNSURANCE COVERAGE PROVIOED NOT FOR ~NTERNATIONAL MAIL (See Reverse) Sent to Street and No. Return Receipt showin to whom . Postmark or Date STATE OF NEW YORK } COUNTY OF SUFFOLK ) SS.: Paul S. ,Siss?n, Jr. , residing at Riverhead, New York , being duly sworn, deposes and says that on the 1st day of July ,19 .91 , deponent mailed a true copy of the Notice set forth on the re- verse sid~ 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 addresse~ of said persons as shown on the current assessment roil of the Town of Southold; that said Notices were mailed at the United States Post Of- ficeat Riverhead, New Yqrk (certified)/ge~is~er-ed) mail. Sworn to before me this ..... day of July ,19 Notary Public ; that said Notic~~ paq~ZS. ~. ~ Slsson, Jr. PATRICIA IRELANI) Nota~/Public, State ef New YO~ No. 4842579 Qualified in Suffolk Cou,n~,,~ Co~nmission Expires Dec. (This side dces not have to be completed on form transmitted to adjoining property own~ ~. S.,,} ;OARD O1~ APPEALS, TOWN OF SOUTHOED In the Matter of the Petition of Peter & Mary Louise Blank to the Board of Appeals of the Town of Somhold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Th~I~L~A.L~e inlention of the undersigned to petition the Board of Appeals of the Town of $outhnSd torequesl a~(~(Special Exception) (Special Permit) (Other) [circle choice] and interpretation to permit construction of single-family residences and accessory structure on two parcels. 2. That the property which is the subiect of the Petition is located adjacent to your property and is des- cribedas follows: Two parcels located on easterly and westerly sides of Peter's Neck Road in Orient, Town of Southold, New York. (Suffolk County Tax Parcels 1000-032-01-002.000 & 004.000) 3. Thai the property which is the subiect of such Petition is located in the following zoning district: R-200 4 ~hatb~ such Pelition, theundersignedwillrequestthefollowingrelief: Variances of Southold Tow~ Code Sections 100-23 and 100-32; variance or interpretation of Town L~w Section 280-a. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article II b III Section 100-23 b 100-32 tx] Section 280-A, New York Town Law for approval of access over right(s)-of-way] 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: May~, 1991 P~tio~er J~hn M./~'/~ner.gner, attorney for applicants Owners ' Names: Peter & Mary Louise Blank Post Office Address c/o Esseks, Hefter & An~el~ 108 East Main Street, Riverhead~ N.Y. 11901 Tel. No. (516) 369-1700 [Copy of sketch purposes.] or plan showing proposal to be attached for convenience P 976 767 064 RECEI~R CERTIFIED MAIL (See Reverse) P O. State and ZIP C~e ~ Retur R~eipt~g Io who' ~ DateJ nd A~re~elive~ P 976 767 063 RECEIPT FOR CERTIFIED MAIL NOT FOR INTERNATIONA£ MAlE (See Reverse) Sir t nd NO 0 State and IP Cod;-- Postage S~al Defivery Fee ' TO~ [L Pos,ag~ees po~t~~ '"'~";6 767 065 RECEIPT FOR cERTIFIED MAIL (See Reverse) / Sent to ~ · Postage P 976 767 066 RECEIPT FOR CERTIFIED MAIL NOT FOR fNTERNAT~ONAL MAiL (See Reverse) p 976 ?6? 067 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MALL (See Reverse) C Postage S .~ Specia~ DeEvery Fee Dale, ant ~ddres ~ ~ j now or State of formerly New York now~ or formerly Peter Blank dr ~ George R. Lathom dr. now or formerly Margret L Strachan NOTE: SUFFOLK COUNTY TAX MAP DIST, 10(30 SECT, S8 BKL, I LOT 8 ~ 4 I000- 38 SURViE¥ FOR PETER BLANK MARY LOUISE AT ORIENT TOW[~ OF SOUTHOLD SUFF()LK COUNTY , N.Y. DATE: FEB, 8~1991 SCALE I:": I00' NO. ~1-0094 BLANK N~,Y 2 ~[ 1991 1!, ~,! 400 OGTRANDER AVENUE ~ RIVERHEAO ~ N.Y, ALDEN W. YOUNG , N.Y.S. CE.& LS. LIC. NO. 18845 HOWARD W, YOUNG . N,Y,S, L.S. LIC. NO. 4589:5 THOMAS C. WOLPERT ~ N.Y.S. RE, LIC. NO. 6148S 60286 now or formerly State of New York now or formerly Peter Blank Jr 8~ George R. Lathom now or formerly ~3o,,~ ,, ,' Margret L. Strachan ~ Parcel No. Area of Building Envelope Lot Area Percentof Lot SURVEY FOR ' PETER BLANK & MARYLOUISE BLANK ~T QRIENT THOMAS C. WOLPERT ~N,Y,S. RE, LI6, NO. 6148~ 60266 State of formerly New York now or formerly Peter Blonk Jr & George R. Lothom ,Jr now or formerJy Margret L Strachan SUFFOLK COUNTY TAX MAP W SURVEY FOR PETER BLANK & MARY LOUISE AT ORIENT TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. BLANK 400 OSTEANDER AVENUE , RIVERHEAD , NY. ALDEN W YOUNG, NYS PE 8~L.S L~C. NO. 12845 HOWARD W. YO[JNS~N.Y.$. L.S. LIC NO. 45893 THOMAS C WOLPEET,N Y.S PE LIC. NO. 61483 60286 DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PATRICK G. HALF'IN SUFFOLK COUNTY EXECUTIVE ARTHUR H. KUNZ August 21, 1991 Towfl of Southold Zoning Board of Appeals Applicant: Mary and Peter Blank Mun. Fils No.: #4032 S.C.P.D. File No.: SD-91-16 Gentlemen: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Commemts: Alternative rear yd./lot coverage relief appears warranted as set forth. Very truly yours, Arthur H. Kunz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner VETERAN5 MEMORIAL HIGHWAY HAUPPAUGE. LJ. NEW YORK 11788 APPEALS BOARD MEMBERS Gerard P. Ooehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizim Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 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 ~n~lo~%g L?wm, misSeSc%~%~ 280-a Variance from the Zoning Code, Article II , Section 100-23 Article III Section 100-32 Variance from Determination of Southold Town Building Inspector. Special Exception, Article , Section Special Permit 4032 and Appeal No.:4040 Applicant: Mar~ and Peter Blank Location of Affected Land: Peter s Neck Rd., Orient, NY County 2 and 4 Within XX Tax Map Item No.: 1000- 32-1-p/o 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway,-Highway, Boundary of Existing or Proposed County, Boundary of Existing or Proposed County, Other Recreation Area Thruway State or Federally Owned Land State or Federal Park or 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 R~R~ R~ approvals of reduced lot area and depth of Parcels 1 & 2, placement of principal dwelling with rela[ed accessory structures, front and rear yard setbacks, lot coverag: i,, :x~::s ~f 5~ !~f ~nd 280-a interpretation. Copies of Town file and related documents enclosed for your review. Dated: Aug. ]3, 1991 Page 5 - Appl. No. 4 and 4040 ~ Applications of MARY AND PETER BLANK Decision Rendered - July 25, 1991 Special Meeting Accordingly, on motion by Mr. Mr. Dinizio , it was Villa · seconded by RESOLVED, to ALTERNATIVELY;%~RANT for Parcel $1, relief permitting a rear yard setback at not less than 7 5 feet from the rear property line to the dwelling (foundation without decks or overhangs), and at not less than 65 feet from the rear property line for all other structures or buildings; be it further RESOLVED, to ALTERNATIVELY GRANT relief as to Parcel $2 as as limited below: (a) rear yard setback at not less than 75 feet from the rear property line for all buildings and structures; (b) maximum lot coverage at 20% of the total lot area for all buildings and structures; and be it further RESOLVED, to GRANT the following relief, as applied ~nd requested under Appl Nos. 4032 and 4040: .' la) as to both Parcels $1 and $2, a front yard setback for a future principal building at not less than 40 feet from the front property lines along the private right-of-way; (b) as to both Parcels $1 and $2, under New York Town Law, Section 280-A, improvements; a waiver of jurisdiction concerning further road (c) approval of the area and dep.t.~-Parcels $1 and $2. (d) approval of the maximum lot;;Coverage for all structures on Parcel $1 as requested at 16.8% of the total lot area. Vote of the Board: Ayes: Messrs. Goehringer, Dinizio and Villa. (Member Doyen left to return to Fishers Island.) (Member Grigonis was absent due to illness.) This resolution was duly adopted. R . EIVED AND FILED BY THE SOUTHOLD TOWN Cr.'~RK DATE ~/1~/~/ HOUR ,'~°~,oo,~ Town Clerk, Town of SouH~old EHRINGER, CHAIRMAN APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD ,OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 August 13, 1991 John M. Wagner, Esq. Esseks, Hefter & Angel 108 East Main Street P.O. Box 279 Riverhead, NY 11901 Re: Appl. Nos. 4032 and 4040 - Mary and Peter Blank Dear Mr. Wagner: Transmitted for your records is a copy of the determination rendered by the Board of Appeals concerning the above application. Please be sure to return to the Building Department, Town Trustees, N.Y.S. Department of Environmental Conservation, County Health Department, and any other agency for permits or other approvals which are appropriate for this project. Copies of this decision have simultaneously ~erewith been transmitted to the Building Inspectors for their ~file and update. Very truly yours, Linda Kowalski Enclosure Copy of Decision to: Southold Town Building Department Suffolk County Department of Planning APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD ,0F APPEALS TOWN OF SOUTHOLD SCOTI' L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Applications No. 4032 and 4040. ACTION OF THE BOARD OF APPEALS Upon Application of MARY AND PETER BLANK. Appeal: (a) under Article II, Section 100-23, Article III, Section 100-32, and Bulk Schedule, Column "v," requesting approvals of the reduced lot area and depth of Parcels 1 and 2, which nonconformities remai~ in private ownership following appropriation of the total balance of land after acquisition by the N.Y.S. Department of Environmental Conservation, and requesting approval of the proposed building area for placement of principal dwelling structure with related accessory building(s), having insufficient setbacks in the front yard, rear yard and lot coverage in excess of the five (5%) percent limit, and (b) under New York Town Law, Section 280-a interpreting non-jurisdiction or otherwise determining access approval. Location of Property: Along Peter's Neck Road, extending approximately 2900 feet south of King Street, Hamlet of Orient, Town of Southold, NY; County Tax Map Parcel Nos. 1000-32-1-part of 2 and 4; also Lot 3 (ROW). WHEREAS, a public hearing was held on July 12, 1991, and 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, Board Members have personally viewed and are familiar with the premises in question, its present zoning, the surrounding areas; and and WHEREAS, the Board made the following findings of fact: 1. The subject premises consists of two parcels which are located along Peter's Neck Road and private right-of-way, extending in a southeasterly direction off the east~l~ sid~ of King's Street in the Hamlet of Orient, Town o~ $outbold. Page 2 - Appl. No. 4~ and 4040 Applications of MARY AND PETER BLANK Decision Rendered - July 25, 1991 Special Meeting 2. The first parcel, referred to on the survey map as Parcel 1: (a) is identified oN the Suffolk County Tax Maps as 1000-32-1-4.1) {previously identified as part of 4}, and (b) is located north of the private right-of-way; has a total land area of 1.6461 acres (71,704 s.f.).; {the total acreage prior to acquisition of the contiguous 2.5281 acres by the N.Y.S. Department of Environmental Conservation on Octo- ber 26, 1990 was 4.2271 acres}; and (c) has a lot depth of approximately 200 feet at its greatest distance from the front property line along the right-of-way; (d) is shown on the July 12, 1991 survey map with a proposed building envelope of 12,085 sq. ft., covering 16.8% of the lot, for the future construction of a principal building and related accessory buildings or structures; (e) is shown on the survey map with a proposed "envelope" area with an insufficient setback at 40 feet from the front (southwesterly) property line and an insufficient setback at 60 feet from the rear (northeasterly) property line of this parcel {for future construction). 3. The second parcel, referred to on the survey map as Parcel 2: (a) is identified on the S~ffolk County Tax Maps as 1000-32-1-2.1 {previously identified as part of 2}, and: (b) is located to the south of the private right-of-way having a total area of 1.7478 acres or 76,133 s.f.; (the total acreage prior to acquisition of the contiguous 7.4047 acres by the N.Y.$. Department of Environmental Conservation on October 26, 1990 was 9.1525 acres; (c) has a lot depth of approximately 150 feet at its greatest distance from the front property line along the right-of-way; (d) is shown on the July 12, 1991 survey map with a proposed "envelope" area of 18,871 sq. ft., covering 24.7% of the lot, for the future construction of a principal building and related accessory buildings or structures. (e) is shown on the survey map also with the "envelope" area an insufficient front yard setback at 40 feet from the front property line and an insufficient rear yard setback at 60 feet from the rear (southwesterly) property line. Pkge 3 - Appl. No. and 4040 Applications of MARY AND PETER BLANK Decision Rendered - July 25, 1991 Special Meeting 4. In this R-200 Low-Density Residential Zone District, adopted in the new Master Plan Revisions and Update of the Zoning Code on January 10, 1989, the following Bulk Schedule requirements, under Column "v",~lare listed as a minimum for a one-family detached dwelling: as (a) Lot size 200,000 sq. ft. (b) Lot depth 400 feet (c) Front Yard Setback at 60 feet (d) Rear Yard Setback at 100 feet. Also limited in this section is the lot coverage of the parcel for all structures at 5% of the lot area. 5. The percentages of relief sought by this variance application concerning Parcel 1 are as follows: (a) Lot size at 71,704 s.f. is approximately 35.5% of the total requirement of 200,000 s.f.; (b) Lot depth at approximately 195 feet 97.5% of the total requirement of 200 feet; (c) Front yard setback at 40 feet is 67% of the total requirement of 60 feet; (d) Rear yard setback at 60 feet is 60% of the total requirement of 100 feet; (e) survey exceeds total of 16.8% The proposed building envelope area shown on the the maximum lot coverage (5%) by 11.8%, for a of the total lot area,~or 12,085 s.f. 6. The percentages of relief sought by this variance application concerning Parcel 2 are as follows: (a) Lot size at 76,133 s.f. is approximately 38% of the total requirement of 200,000 s.f.; (b) Lot depth at approximately 150 feet is 75% of the total requirement of 200 feet; (c) Front yard setback at 40 feet is 67% of the total requirement of 60 feet; (d) Rear yard setback at 60 feet is 60% of the total requirement of 100 feet; '(e) The proposed building envelope shown on the survey at 18871 s.f. is 19.7% over the maximum permitted (5%), for a total proposed at 24.7%. Page 4 - Appl. No. and 4040 Applications of MARY AND PETER BLANK Decision Rendered - July 25, 1991 Special Meeting 7. For the record, it is noted that Peter's Neck Road is a town-maintained road in good to excellent condition and extends to each of both parcels under consideration. Therefore, the jurisdiction under New York Town Law, Section 280-A, is waived as to need for further road improvements. No 280-A requirement has been found of record for this access road to any of the houses either to the east of the subject premises or to the west, except as the Planning Board may have conditioned under the 1981 minor subdivision (1000-32-1-12) situated at the most easterly end of the private right-of-way. 8. For the record, it is noted that the Board has ~lso considered the history of conveyances over the years since prior to 1962, and as shown on the single-and-separate search prepared by Aquebogue Abstrac~ Corp. dated July 3, 1989. The Board recognizes these two parcels as having been in single and separate ownership up until the present time. 9. In considering this application, the Board also finds and determines: (a) the relief as granted is substantial in relation to the requirements; (b) the evidence submitted and practical difficulties claimed are sufficient to warrant a grant of this variance; (c) there will be~no substantial change in the character of the neighborhood, and a precedent would not be set since the physical characteristics of this land as it related to the general area and wetlands has existed since before the enactment of zoning in 1957; (d) the difficulties cannot be obviated by some method feasible to the appellant to pursue, other than a variance; (e) that in view of the manner in which the difficulties arose, and in considering all the above factors, the interests of justice will be served by granting the variance, as conditionally noted below. Page 5 - Appl. No. and 4040 Applications of MARY AND PETER BLANK Decision Rendered - July 25, 1991 Special Meeting Accordingly, on motion by Mr. Mr. Dinizio , it was Villa , seconded by RESOLVED, to ALTERNATIVEL~GRANT for Parcel $1, relief permitting a rear yard setback at not less than 7 5 feet from the rear property line to the dwelling (foundation without decks or overhangs), and at not less than 65 feet from the rear property line for all other structures or buildings; be it further RESOLVED, to ALTERNATIVELY GRANT relief as to Parcel $2 as as limited below: (a) rear yard setback at not less than 75 feet from the rear property line for all buildings and structures; (b) maximum lot coverage at 20% of the total lot area for all buildings and structures; and be it further RESOLVED, to GRANT the following relief, as applied and requested under Appl Nos. 4032 and 4040: (a) as to both Parcels $1 and $2, a front yard setback for a future principal building at not less than 40 feet from the front property lines along the private right-of-way; (b) as to both Parcels $1 and $2, a waiver of jurisdiction under New York Town Law, Section 280-A, concerning further road improvements; (c) approval of the area and dep. t~h-Parcels $1 and $2. (d) approval of the maximum lot~ coverage for all structures on Parcel #1 as requested at 16.8% of the total lot area. Vote of the Board: Ayes: Messrs. Goehringer, Dinizio and Villa. (Member Doyen left to return to Fishers Island.) (Member Grigonis was absent due to illness.) This resolution was duly adopted. lk TRANSCRIPT OF HEARINGS SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF FRIDAY, JU~Y 12, 1991 Board Members Present: Chairman Gerard P. Members: Dinizio, Doyen,. and Villa Members Absent: Grigonis (due to illness) Goehringer and Linda Kowalski, Z.B.A. Secretary and approximately 35-40 persons in the audience. A~pl. No. 4033 Applicant(s): Randi Lacalamita Location of Property: 1395 Henry's Lane, Peconic, NY County Tax Ma~ No.: 1000-74-1-10 The Chairman opened the hearing at 7:30 pm and read the notice of hearing and application for the record. CHAIRMAN ~OEHRINGER: I have a copy of a sketch of a survey produced b~ Roderick Van Tuyl with no specific date indicating ~ penned in carport 18 by 35 in the front yard area. And I~ave a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. ~Now we're ready fo~ you. If you would kindly state your name for the record please sir. MR LACALAMITA: My name is Joseph Lacalamita, my wife is the owner of the property. CHAIRMAN GOEHRING~R: How close to the I guess that's the northerly property line at its closest point is the carport? MR LACALAMITA: It's approximately midway between the house itself and the street (Henry's Lane). CHAIRMAN GOEHRINGER: Okay, but in reference to its closeness on the side yard area, how close is it to that property line do you know? MR LACALAMITA: It's I think three feet. CHAIRMAN GOEHRINGER: Three feet. Could you measure that for us please and let us know on Monday. MR LACALAMITA: Yes I will. CHAIRMAN GOEHRINGER: Okay. The only reason why I didn't measure was I was down early one morning looking and I didn't Page 6 - July 12, 1991 Public Hearing - Mary and Peter Blank Southold Z.B.A. Appl. No.: 4032 ~ Applicant(s) Mary and Peter Blank Location of Property: Peter's Neck Road, Orient, NY County Tax Map No.: 1000-32-1£~art of 2 and 4 also lot 3 The Chairman opened the hearing at 7:50 pm and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a map produced by Young and Young or Howard Young the most recent date is June 4, 1991. Indicating parcel one which is an area which is the nature of this application of 1.6461 acres and parcel two an area of 1.7478 acres and I have a copy of the Suffolk County Tax Map this and surrounding properties and for the record this was a condemnation I believe by the New York State Department of Environmental Conservation and these are the remainder parcels left from that condemnation. Mr. Angel would you like to be heard concerning this? MR ANGEL: Yes I would. CHAIRMAN GOEHRINGER: It's so nice to see you again. How are you? MR ANGEL: I haven't been here in a while. CHAIRMAN GOEHRINGER: Yes you haven't. MR ANGEL: Really not since Bob Villa got on the Board. his pavilion face it's a.different setting. Can I, do I speak into the~.microphone? ~ ~ CHAIRMAN GOEHRINGER: Unless anybody complains. With MR ANGEL: I prefer just not standing back and addressing you directly in the bank. CHAIRFR%N GOEHRINGER: You can hear it? MS KOWALSKI: I think so. I'll let you know if I don't. MR ANGEL: I'll speak loudly. Does the audience want, do they hear better if I speak in the mike. CHAIRMAN GOEHRINGER: There's a microphone right here. MS KOWALSKI: It might be better. MR ANGEL: I'll do whatever you want me to do. Page 7 - July 12, 1991 Public Hearing - Mary and Peter Blank Southold Z.B.A. MS KOWALSKI: You better use the mike, that would be better. CHAIRMAN GOEHRINGER: You know.what you could do, you could pull that table over if you wa~ted to use it. MR ANGEL: Is it better if I speak to the mike? Mr. Goehringer was correct this is an application for variances of lots that were in fact reduced in size as a result of condemnations by the New York State Department of Environmental Conservation, the DEC. As I said my name is Stephen Angel I represent the applicant, an attorney in Riverhead and what we're seeking here are a series of variances from your Board. A front yard variance as your Board describes front yards, from about 60 feet to 40 feet and a rear yard variance from 100 feet to 60 feet. A lot depth variance from 400 feet to 40, but the way you measure your lot, the way you define lot depth, did I say rear yard or depth, lot depth is sort of unusual in the ordinance and the nature of our variance here is not going to be as great as it sounds as you see in the survey. And finally a lot coverage variance, we want to increase the permissible lot coverage in this five acre zone from 5% to approximately 16% and 24% given the remaining parcels. Now Mr. Goehringer identified a survey or a couple of surveys I think that were prepared by Young and Young in this case. We have updated those surveys and I would like to present essentiality the same surveys to you with some additional information on them and they most recently revised today. The first survey which is marked as "A" is a survey of the area showing the building envelope that we are requesting. The ones showing the variances tha~we are requesting. It has bunch of information on i~ which you haveon those other surveys but it also includes the 5 foot contour from the Suffolk County Topo. And the precise measurement of the depth of lot as measured by your ordinance. In addition to the other stuff that you see on the one that's already been submitted and with your permission Mr. Goehringer I would like to hand this out. I have a bunch of copies for you, how many would you like? MS KOWALSKI: About six would be great. MR ANGEL: How we produce this. I think Howard is .... Now I have a survey also prepared by Young and Young which is delaminate "B" which shows the extent of the building envelope if all setback requirements were adhered to, given the lot configuration we're left with. Or the lot configurations we're left with after the DEC taking and you will see it's dramatically less. If you look at those parcels and they're both shown on Plain "B", parcel one Page 8 - July 12, 1991 Public Hearing - Mary and Peter Blank Southold Z.B.A. MR ANGEL, cont'd: originally consisted of 4.1742 acres, parcel two originally consisted of 9.1525 acres all of the land not remaining was taken by the DEC on October 26, 1990. We're left with as you said Mrl~ Goehringer parcel being 1.6461 acres and parcel two being 1.7478 acres clearly less then what's required under the 200 square foot minimum zoning requirement in this zone. Now I've mentioned to you briefly what the requested variances are, I don't think that I need to go over with them again. We respectfully submit that in this situation we have a practical difficulty, obviously the difficulty was created by the condemnation for the record we have opposed the condemnation from day one, the Blanks of the many people who were involved in the, as lot owners, condemnation conducted by the DEC were perhaps one of two or three that have actually not sit with the DEC they fought it out and tried to maintain their property and did not arrive at a voluntary agreement. There's no self created hardship by doing this. As I said the DEC took their property there is not even an agreement as to price on their property. That is going to be the subject of a claim in the court of claims. The variances that we're seeking I respectfully are not as substantial as they seem at first glance. The property around that is developed on lots are not in the, certainly are not 5 acres, the ones on Peter's Neck. There are some that are small there. More over the lot sizes themselves that we're left with are surrounded by a tremendous amount of open land that the State has taken, it used to be part of it. We're not in a situation where by allowing the development of these two parcels you are creating houses on what are going to appear to be smaller parcels. They. are going to be surrounded hopDfully in perRetuity by the large expansive DEC acquired wetlands~ It's not going to effect the substantial change in the character of the community, we can't solve the problem other then by getting variances from you. I should point out in this regard that in all their conversations and in all their approach to dealing with the Blanks the DEC has taken a position that what is remaining, in other words these parcels one and two that you see, are buildable parcels. They have made payments to Mr. and Mrs. Blank in accordance with law, they have to make an advance payment and those advanced payments are predicated on these two parcels being buildable. I'm not saying you are bound by that, but the DEC has treated it as such. It's not like they required or paid for the use of these parcels. They have assumed through purposes of their condemnation that we can get a building permit on each one of these parcels. CHAIRMAN GOEHRINGER: Why did they do that Mr. Angel rather than allowing the variances to occur first? Page 9 - July 12, 1991 Public Hearing - Mary and Peter Blank Southold Z.B.A. MR ANGEL: They wanted to take the property. Their timetable is their own. They just did it. They were convinced, in my conversations with them, know w. hether they are wrong or right they were just convincing, bas6d upon unidentified conversations with people in this town that they were going to remain as buildable parcels. They never explained to me why they were convinced of that. Though I have had numerous discussions about the value of property and they have always taken the position, that what remains are two building lots. But as far as waiting for a variance, I personally think that they have an agenda, they wanted to acquire a whole bunch of properties in Orient. The properties were acquired under funds that were made available back in 1972 on the 1972 environmental bond act. They developed their agenda and they just went ahead with it. I don't think that they made municipal approvals. There wouldn't be municipal approval applications on anything that they did in the Orient positions. CHAIRMAN GOEHRINGER: Thank you. MR ANGEL: The other thing that is involved in this application is there's also a 280A application because we are building on a private road. That's a little bit of an interesting question, because I think 280A requires an application for a variance to build on a road that's not part of the official map. If you look at your official zoning map the road is on that map. I leave it to you people to decide whether the 280A application would be necessary in this case. I believe that when my associate John Wagner checked into the necessity of the 280A application there was a subdivision done at the end of Pete's Neck off this road within the last few years, a minor subdivision and I don't believe that that had a 280A application. That doesn't necessarily mean that we shouldn't, but I want to bring that to your attention. We previously submitted single and separate certificates that go back until 1962, we're led to believe that in 1962 and even prior there to has been thereafter for a few years the town uniformly allowed divisions to these large lots without the necessity, especially where there's only a five lot and four lot subdivision, not be a necessity of minor subdivision frugal. I'm here and the Blanks are here to answer any of your questions. CHAIRMAN GOEHRINGER: How long has this road been in existence? MR ANGEL: Well the road was created as a separate parcel in 1962. How long is it physically been there? Page 10 - July 12, 1991 Public Hearing - Mary and Peter Blank Southold Z.B.A. CHAI~ GOEHRINGER: Yeah. MR BLANK: 1938. CHAIRMAN GOEHRINGER: And how long has it been in actually improved to the point of either asphalt or some sort of hard base surface. MR BLANK: 1955, something like that. CHAIRF~AN GOEHRINGER: Thank you. MR ANGEL: And there's one thing that by the way John was going to be here tonight, but somebody is ill in his family, he could be here so I'm handling this all by myself. He promised that he'd bring Linda a copy of the Peconic Bay Estuary CEA, the critical environmental area map and a resolution. It is possible, again I'm not sure, that we fall within that area. I'm not as you can see from looking and I have an extra copy of this map, as you can see from looking at it is not.a very paced boundary. CHAIRMAN GOEHRINGER: We've had that trouble with the flood plain maps, I assure you. MEMBER VILLA: Jerry could I ask you a question? CHAIRMAN GOEHRINGER: Sure. MEMBER VILLA: Mr. Angel~ I don't have' a problem with the 40 foot setback fzomthe fr6nt,i from~the road too much, but looking at the parcels, looking at parcel one, just working off this as a one inch equals 100 feet, it would appear that the depth of parcel is about 60 feet plus or minus. The building envelope. Now, the Trustees will require a 75 foot setback from the wetlands, have the Trustees been approached at all on this? MR ANGEL: No they haven't. The reason, in fact, I'm going to brutally honest with you, I'll just tell you what happened in this application. When we originally drew the, or asked Howard Young to draw the lines, we suggested a 75 foot setback from the wetlands line and Howey told us, Howeys very familiar with this area. Howey was the surveyor for the DEC on all the acquisions and has been involved in applications representing people on both sides and he suggested the setbacks that we have now because I guess with the DEC taking he was familiar with the DEC approving a setback similar to the ones that you see here. He had made that suggestion to give us more area in which to deal with Page 11 - July 12, 1991 Public Hearing - Mary and Peter Blank Southold Z.B.A. MR ANGEL, cont'd: the zoning, more area to deal with placing the structures for a house. MEMBER VILLA: Well I just, I Was just wondering if your clients would you know if you reduce that 60 foot plus or minus to meet the 75 foot from the wetlands you still have a 35 foot building envelope and most houses aren't 35 feet in depth. MR ANGEL: Which one are you talking about parcel one or parcel two? MEMBER VILLA: Parcel one. Parcel two you even have a greater depth with that one is about 90 feet plus or minus. MR ANGEL: Well needless to say, we like the flexibility, certainly 35 feet to build a house is sufficient, but here you are talking about, we want an area that may be sufficient to place a deck or a pool, we don't know what's going to come in ultimately when an application is made to build a house. We realize that we have to make an application to the DEC after we come before you and we have to make an application to the Trustees, all of those applications will be made. So if I have a way to, if I can take a position I would sooner have the building envelope as it appears on the survey and then make my application to the Trustees and deal with their setback before that Board. MEMBER VILLA: They are looking down a loaded gun, so to speak, because you have already gotten'a variance from us. MR ANGEL: We haven't gotten a variance from them though. MEMBER VILLA: No. I know. But it makes it more difficult. That's why I was wondering if you could live within the existing setbacks without requiring the variances. MR ANGEL: Well to be honest with you, I think that parcel one, there would be a diminution in value in the lot if we went to a 35 foot, if we went to the 75 foot setback. Parcel two is more, is... MEMBER VILLA: Yeah it's 90 feet. MR ANGEL: Is a bigger area, we have more room to play with. Once you get down in this area, I don't know if you have visited the property Bob, you have, it's magnificent property. MEMBER VILLA: Oh yeah. Page 12 - July 12, 1991 Public Hearing - Mary and Peter Blank $outhold Z.B.A. MR ANGEL: I mean it's one of the two nicest lots I've seen since I've been practicing on Long Island. In my opinion, the constriction of the building envelope in lot number, given by that additional 50 fe~t, may make a substantial difference in value to the parcel, because you are looking at a parcel that is going to appeal to somebody with means. MEMBER VILLA: Well you are talking about a deck or something, would they be at all adverse to restricting a major, you know a major building where you would ~equire a foundation and everything else to the 75 foot. MR ANGEL: I haven't laid it out but, it sounds, we certainly could look at that. The idea of the building envelope since nothing has been designed as yet and we're left with the condemnation facing us that assumes that you guys have done all this is to find out whether we do have the right to build on those lots, certainly that's an important issue for us in facing the condemnation part. But you know, I mean I can't, we haven't analyzed that setback, but it seems to me that if the house is, if the foundation is sufficient enough for a house and there is more room which could fit deck and other accessory structures could probably be easily livable. CHAIRM3%N GOEHRINGER: Any other questions? MEMBER DINIZIO: Just as far as size is concerned of parcel one, what is the footage, the road frontage of the buildable lot? I ... MR ANGEL: What is the w~at? MEMBER DINIZIO: The road frontage of the buildable parcel. There is no measurements on here so I really can't. CHAIRMAN GOEHRINGER: Yeah, they are Jim, it appears it's a 298 + 146 + 99. MEMBER DINIZIO: No, no I'm talking about just this part. MEMBER VILLA: You're talking about the envelope. MEMBER DINIZIO: Just right here. CHAIRMAN GOEHRINGER: Oh, the envelope. MR ANGEL: We could scale that off. It's 140, 1 inch equals 40 or 1 inch equals 100. CHAIRM3uN GOEHRINGER: 1 inch equals 100. Page 13 July 12, 1991 Public Hearing - Mary and Peter Blank Southold Z.B.A. MR ANGEL: What does that look like Bob about 160, 1757 MEMBER VILLA: Probably more t~en that about 180. MR ANGEL: Okay 180. And the other one's maybe 200. We have no expectation that there would be structures in that entire area. What we've chosen is a building area in which we can impose the structures. I don't think there's any intention of developing a 24% coverage on this lot with impervious materials, you know we would, if you felt it necessary to limit the percentage of coverage to something less then that if it fit in this area we would have no objection to that. What we want is ... MEMBER VILLA: That's an area where you could put a house. MR ANGEL: An opportunity, yeah an area where we could put a house potentially a pool if they wanted it potentially a deck. Some area where we can locate those structures, that's what we're looking for. CHAIRMAN GOEHRINGER: When you referred to the 16% of lot coverage, Mr. Angel, you are referring to lot number one.or lot number two? MR ANGEL: 16% is lot, the 16% lot coverage is the total building envelope shown on "A" for lot number one, given the reduced size of the lot. The 25%, and it's slightly more than that, it's shown on the:map by the way, the computation, all these computations are on that new map. You'll see it on the side, it's 24~7 and 16.8 and it shows it Jerry on the right hand side. CHAIRMAN GOEHRINGER: Yeah. I see it now. I was still going back to the first map. MR ANGEL: If you use this .... By the time Howey prepared this today he put on just about everything. The only thing we don't have on is the flood zone, which I tried to read and is either A6 or B something. CHAIRMAN GOEHRINGER: We have a copy for you if you want it. MR ANGEL: I have a map too. But as you know, the flood zone questions are going to, they'll have to be determined at a construction phase, if whatever the construction requirements of the particular zone we're just going to have to move them. CHAIRMAN GOEPIRINGER: Right. Does anybody else have any Page 14 - July 12, 1991 Public Hearing - Mary and Peter Blank Southold Z.B.A. CHAIRMAN, cont'd: further questions concerning this? Anybody in the audience like to speak concerning this application? Seeing no hands,.~r. Angel, I assume we'll continue with the deliberation~ after this and any other further questions gentlemen? Okay. Hearing no further questions we thank you for your presentation and I'll make a motion to close this portion of the hearing reserve decision until later. We'll extend this hearing until Monday in receipt of information from the Planning Board concerning the subdivision in this area. MS KOWALSKI: Just a written part of the record. CHAIRMAN GOEHRINGER: Written portion. ALL IN FAVOR - AYE. Appl. No.: 4034 Applicant(s): Anthony and Maria Mercorella Location of Property: 2260 Peconic Bay Blvd., Laurel, NY County Tax Map No.: 1000-145-4-4 The Chairman opened the hearing at 8:15 pm and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a sketch of the plan, the placement of the building appears to be in the same position as it was in 1990, the difference and the nature of this application appears to be the fact that we are now asking for a second story accessory dwelling for storage purposes. How~do.~you do sir~~ would you kindly state your name. MR MERCORELLA: Mr. Goehringer, my name is Anthony Mercorella I'm the applicant. CHAIRMAN GOEHRINGER: How do you do? Is there anything you would like to state for the record Judge? MR MERCORELLA: Yes, we would rather put the preliminary plans together rather hardly after remodeling the which is located on the same piece of property and so that we did not consult at length with an architect. But this house, after having dispensed with certain sums of money to remodel it, leaves us short of any storage area. We have no basement because of the wetland situation, we have no attic space because of the height restrictions and we have a half acre of property and we do have a deck, we have considerable garden furniture and I do a lot of gardening and we need to store our gardening equipment and our garden furniture and other CORR£CT~D COPY 8/2/ In:rs. P~$. NO. L707-88 LaLd On Table 7/L2/~a RESOLUTION NO. - L98~, ADOriNG LOCAL LAW NO. ~AR 1988, A CHARTER LAW TO THE DESIGNATION OF CRITICAL E NUI RO~ ENTAL AREA (~CONZC BAY) WHEREAS, thete was duly presented and :ntroduced to this local Law en~L~ed, "A CHARTER LAW TO ~XPAND TH~ O~:GN~T~ON QF E~;';:RO~ENTAL AREA", and said l~cal !aw ~n fLaal ~rm :~ the ~ame a~ LOCAL LAW NO. Y~AR :98a, ~UFPOLK COUNTY, N~ YOP~ A CHARTER LAW TO EX~AND TMZ DZSIGNAT:ON OF CRITICA~ ZNg:RO~SNTA~ AREA BZ ZT ENACTED BY THE COUNTY LEGIS~TURK OF T~E COUNTY OF SUfFOlK, a~ fragile scenic beauty. with the nature of eeconic Bay and its lm~diate surrounding area: pumLic health; 2.) that any development cofls:itu~e a th:eat to the public 3.) t~le~ ~e vege~ation and ~aufla o~ ~hi~ land ~o-s~itute any change La the nmzuca~ characteristics and Lnt~ty o~ the land.ape 7.) that it harbors or con:elna habitats for endangere t~re&tened, o~ 'special c~ncern" species, es ~dent£~ied by federa~ o~ ~ ¥Ogk S~ate authorities, and/az tare si;Mciee Or ~are-pLan~ communxtiea Therefore, ~he purple o~ ~h~a law il ~O expand the designation Ot S~stantLa~l~ contLquoul to ~ch'atea wi~ be considered as ~e I actLc under t~e N~ YO~ STATB BNVX~E~ QUALITY R~Z~ ACT (SEQRA}, and ~CaL : 22-1965, thereby increasing ~e likelihood the: enviton~ntal L~act starter w~il ~ave Co be prepaged for pEojec:s and/or act:ohs c~nced therein. ~tion T~. ~einitiofle. A. ~tione shell mean: ~i) a~e directly undertaken 5~, an agen_~,~ o~ (~i) involve funding by an agency; or S]7-7 A. The ~oliowin9 lands withis the Cou. nty o£ Suffolk, as mo par~lcularl~ descried bel~, a~o hereby designs%ed as crit~c~ enviro~n~al a~eas pu~mu~ ~0 6 N~ ~cl~dlnq B~ II~d ~d~' ~e -~nd ~flea~h ~h,e ~ays, .and all ' Section Pour Ibte~tions. This law shall not ap~ to the folLow, ag actionst ~.) ~tplac~fl~ O~ a ~ac~l/~y, In kind, off t~a SMe s~te unie~ 2. ) %he 9~afl~lnq Of individual se~a~ and loc-line variances; ~a~flgj 4. ) ~epavin9 o~ exl~,~Lng highways no[ inroad/Lng ~he addition new t~svel lanes; existing ~lll~ facilities; ~.) in~alla~ioa o~ ~a~ic con~l device~ on existing s~ree 10.) mapping ok existing coeds, streets, highways u$~s, an, including surplus governman~ ~ro~erty othe~ than land, not including new programs O~ major ~eordaring o( 14.) license, lease, and pern~t rose.als ~nere there will be involve c~pital co~struction including school c~oflings,, but not change 16.) lnfo~mation col~ection including basic data collection an researc~ master-plan study components~ ~q~ter quality and p~llutio -- it.d&es, traffic counts, engineering studiefl~ boring studies, surveys pro]ec~ and iT,) minor ,t~poza~ USeS O~ la~ having neq~igible o= n 18.) collective bargaining activities; i9.) fflvos~nts by oF on ~hal~ o~ agencies o= ~nsLon o reti=~n~ ~y~ o~ :ofinancinq ex~stin9 debt/ and 20.) ~e e~enaion o~ utility distti~t~on ~aciltios to aery service in apW~ .',~Lvtalono. S~ction ~ive. S~RA ~inaelon unl/st~ action ~tluant ~o S6~7.2(a)(b) o~ Title 6 o~ the ~ YOR~ CO0~ the *nvirOn~n: ~th/n the ~anin9 o~ SS~109(2) o2 t~e N~ ~O~ ENVIRO~BNTR CONSE~ATION ~AW fo: C~e foll~ing reasoner contemplated des~gnat~ona~ 2.) areas that h~vl inherent e~oLogica.1, geological, h~ological sensttiviti~l to change will ~ ~avo~abl~ a~t~cted; and o~ adverse i~act on t~o environ~nb contemplated by S6L7.1~ og regulations. Al l ~unty debt.ants, agencies, employees, officers, contractots~ and conlultants Sha~l ~y coo~rate ~th the Suffo~ ~gislacure u~n t~ re~eit o~ any llgiola~:, t~ ~gillm~tuze al a whole, Slc~ion~e~ ~f ~lctlve ~ ti ~ecre~ary o~ $~ace. ~i~ law ~ha/l al~o be flied wL~ ~he CommL~sLone~ o~ ca. S617.4(k). .... Underlining s~all mean addition. DATED: APPROVED By: A N ~. ! L A N ! I C ~[aCJ~ line 'represents' 500' from Peconlc Bay and tributaries ' PECONIC BAY ESTUARY CRITICAL ENVIR~NTAL ZONE Five Easlem Towns Counly o1' Suffolk. New York P-.'~urd by: SUFFOLK COLINT¥ I'I.ANNINg I)I'.'PARTMF:NT 0 C E a N 2 - 25 - 89 § 100-238 ,~tUTHOLD CODE § 100-239.1 occupancy be isou~ m respect to the use and occupancy of such buildings and/or premises unless and until all such required systems and facilities have been constructed and are in proper operating condition and have been approved by all agencies having jurisdiction thereof. ~nd under water, f'flled land. Streams, ponds, tidal marshes and portions of Long Island Sound and its various bays and estuaries, lying within the boundaries of the Town of Southold, whether or not so indicated on the Zoning Map as being in a particular uso district, shall be considered as being in the most-restricted use district abutting thereon, and such zoning classification shall continue in force regardless of any filling or draining of such lands. Nothing herein contained shall be construed to permit the filling or dredging of such ]and. § 100-239.1. Excavations. No excavation of any kind shall be permitted except in connection with the construction in thei same lot of a building for which a building permit has been du~y issued. In the event that a building operation is arrested prior to completion and the building permit therefor is allowed to lapse, within six (6) months after the date of expiration of such permit, the premises shall be cleared of any rubbish or other unsightly accumulations, and topsoil shall be replaced over all areas from which such soil may have been removed. Any excavation for a basement or foundation with a depth greater than three (3) feet below grade shall be either filled or surrounded by a substantial fence adequate to deny children access to the area and adequately maintained by the holder of the permit. 101Y,3 C i,i/4i' ii ;k,'f:iiL I 7' APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN O~ SOUTHOLD TO: Town Clerk's Office ScoTr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 11.' 3o a ~. FROM: DATE: SUBJECT: ZBA C~ SouthoidTown Clerk July 16, 1991 Peter and Mary Blank - Two Separate Parcels at Orient Appl. No. 4032 and ano. Please find attached a $500.00 check payable from Peter Blank, Jr. to your order which should be applied to the area variances applied for County Tax Map Parcel No. 1000-32-1-4 at Peter's Neck Road, Orient. You will note that a $500.00 check was previously received for County Tax Map Parcels No. 1000-32-1-2 and 4 as filed by John Wagner, Esq. At the time of filing this application, the map designated both parcels as one and some time later, proof was requested as to separability or merger.' In reviewing the data submitted on July 11, 1991, the lot area was greatly in excess of the zoning requirements from 1957 to 1962, and the lots have been held single and separate ownership to date. It is requested that: (a) the attached filing fee be applied to the northerly parcel referred to as 1000-32-1-4 (4.1 after DEC condemnation conveyance) and that a second appeal number be given, and (b) if necessary, to note your records that the $500.00 previously received under Appeal No. 4032 be applied to the southerly parcel referred to as 1000-32-1-2 (2.1 after DEC condemnation conveyance). Thank you. . GG:lk TOWN CLERK TOWN OF SOUTHOLD Suffolk C~unly, New York 516 - 765-1801 ]~1.0 ~ __ S~uthold. N. Y. 11971 '~/~ 19 Judilh T. Terry, Town Clerk, APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN O~ SOUTHOLD SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: FROM: DATE: SUBJECT: Town Clerk's Office ZBA July 16, 1991 Peter and Mary Blank - Two Separate Parcels at Orient Appl. No. 4032 and ano. Please find attached a $500.00 check payable from Peter Blank, Jr. to your order which should be applied to the area variances applied for County Tax Map Parcel No. 1000-32-1-4 at Peter's Neck Road, Orient. You will note that a $500.00 check was previously received for County Tax Map Parcels No. 1000-32-1-2 and 4 as filed by John Wagner, Esq. At the time of filing this application, the map designated both parcels as one and some time later, proof was requested as to separability or merger. In reviewing the data submitted on July 11, 1991, the lot area was greatly in excess of the zoning requirements from 1957 to 1962, and the lots have been held single and separate ownership to date. It is requested that: cr(a) the attached filing fee be applied to the northerly parcel eferred to as 1000-32-1-4 (4.1 after DEC condemnation onveyance) and that a second appeal number be given, and (b) if necessary, to note your records that the $500.00 previously received under Appeal No. 4032 be applied to the southerly parcel referred to as 1000-32-1-2 (2.1 after DEC condemnation conveyance). Thank you. GG:lk PETER BLANK:. JR. 5 $ 9 3 MARY LOUISE BLANK , ORIENT. N.Y. 11957 50-791/214 ~9 FOR Greenpor~. NY 11944 APPEALS BOARD MEMBERS · ~' Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 July 1, 1991 John M. Wagner, Esq. Esseks, Hefter & Angel P.O. Box 279 108 East Main Street Riverhead, NY 11901 Re: Appl. of Peter and Mary'Louise L. Blank~3-9, zor~ Dear Mr. Wagner: This will confirm that the subject application has been reviewed and the following are requested at this time: (a) Proof of notice to an adjoining landowner (New York State) at the address shown on the assessment records must be done immediately, particularly since this matter has been advertised for a public hearing to be held on July 12, 1991. Please provide us with an Affidavit of Mailing together with the postmarked certified receipt from the post office that the appropriate notification has been mailed. (b) a copy of an abstract of title from a reputable title insurance company certifying single-and-separate ownership of the subject lots, which should be submitted as soon as possible. 2 c) separate $500.00 filing fee is necessary for the second lot \ since the two lots are not merged as originally believed. The ~ ~ $500.00 fee paid to date will be applied to the lot situated ~.~7~oU~e~ft~h~h~i~-~d ~t~d~itional filing fee will be LaPP ' ' f the right-of-way. Please call our office if you have any questions. Thank you. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. .t .; .......... DATE .;. .... -~ -~- ..... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Peter Blank and Peter's Neck Road ............ 1,' (We) ...... .M..ar.X..Lm~%a~..~%ang .......................... of ................................................................ Name of Appellant Street and Number ........ ..0..r..i..e..n..t. ........................................................................ .N..e..w....Y..o..r..k ............. HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NOS .................................... DATED ....M...a..r..a...h.....2..9..~....l...9..9..l. .................. WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (x) Peter and Mary Louise Blank Name of Applicant for permit of ?eter ' s Neek Road ~ 0ri..e..~.~.,....N...e..w.....Y..o...r.k. .......................................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMITS TO CONSTRUCT ONE-FAMILY DWELLINGS mD~nco-rvPeter's Neck Road, Orient R-200 .. - 1. LOCATION OF THE r~,- ......................................................................................................... Street /Hamlet / Use District on Zoning Map p/o 2 & Mary Louise L. Blank (Tax Lot 2) District 1000 Section 032Block 1 Lot .... ............................................ ~.o~burren~ 0~ner?eter Blank (Tax Lot 4) Map No. 'Lot No. Prior 0w~er.Ge°rge and Elizabeth E. Latham'(Tax ~mry ~ouzse b. ~±ank (~ax ~on '4) ~ot2) 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (indicate the Article Section, Sub- secti6n and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Articleiz-& zIz Section 100-23 & 100-32 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( × ) A VARIANCE to the Zoning Ordinance or Zoning Map or in~e,rp~etatiop~ _ (x) A VARIANCE/due to lac~ or access ~tate of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 ()' 4. PREVIOUS APPEAL A previous appeal (has)~een made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appea! No ................................. Dated ............................. t ........................................ REASON FOR APPEAL or interp, retation of (x) A Variance to/Section 2BOA Subsection 3 (x) A Variance to the Zoning Ordinance ( ) is requested for the reason that the two subject parcels, which are the portions of.Tax Lots 2 and 4 that remain in private ownership following appropriation of the balance of .Tax Lo~ 2 and 4 by the New York State Department of Environmental Conservation, are non-conforming as to the area and depth and possess no reasonable building envelopes under th~ Bulk Schedule for the R-200 district. In addition, a variance pursuant to Town Law ~280-a may be required before building permits can issue for the subject parcels. ~ z',nl (Continue on other side) REASON FOR APPEAL Continued I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the lot area, depth, and setback requirements of the zoning code render the subject parcels unbuildable, and, in addition, the subject parcels may not meet the requirements of Town Law §280-a. 2. The hardship created is UNIQUE end is not shored by oil propeffies alike in the immediate vicinity of this property ond in this use district becouse applicants are in the unusual position of having had the bulk of thei~ properties appropriated by the New York State Department of Environmental Conservation, leaving!the residues non,Conforming .- w~th reSpect'to the requirements of the R-200 district. 3. The Variance would observe the spirit of the O~inance and ~VOULD NOT CHANGE THE CHARACTER OF THE DIS IRICT because the appropriated portions of the subject parcels, as well as other parcels in the immediate area acquired by the New York State Department of Environmental Conservation, will, upon information and belief, be kept in their natural state and will not be built upon or otherwise developed. In addition, several other houses in the area of the subject parcels have their' access by means of P~eter's Neck Road, the p~oposed access to the subject parcels. ) SS ,. . ............................... COUNTY OF SUFFOLK ) John ~' WaEner, attorney for Peter Blank _c~ & Mary Louise Blank Sworn to this ~ '31..,~. doy of Ma:y ; . 19 91 Notary Public PATRICIA RELAND Notary Public, Stare cf New ¥or'g No 4842572 Co~?mU~ali~iecl~in Sufto k Coun~ FORM NO. 3 ( TOWN OF SOUTItOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD. N.Y. NOTICE OF DISAPPROVAL Date ........ c~ .... , 19 .~.[ PLEASE TAKE NOTICE that your application dated .... .~ ~ Io 91 Location of Property .~..~ ~..~ 0'-~] ~. ~'T~_.'~-' ~ ,.. ~ h;~s~ ~ ......... 0 ~' ' ' ~' ~ .... ~ .......... ' ' I otreet County Tax Map No. I000 Section ...~. ~. .... Block .... ~ ~[ ...... Lot . .~ ~ ....... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds..~. ~.. ~ ~. J.~ - ~ ~.. ~..~..C~~.~~.,.a ~..~~.. ~ ~ ....~ ...... .R ...... ...~.*.. ~~..~g~.. ~.. ~~. d. ~ c,.~.~...~ &.,. ~. ~. ~...~~ · ~...~.. ~. ~a~g, ............................ ................................. ........ ........ RV 1/80 FORM NO. "1 TO~VN OF SOUTIIOLD BUILDING DEPARTMENT TO~,VN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE that your application dateS..... ~.../'/ ..... : .... 19 .~]... House No. ~ ~ '- ~ ktreet ................. County Tax Map No. 1000 Section ...~. ~. .... Block .... ~ .[ ...... Lot . .~ ~ ........ Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds..~'~. - ~ ~0 , a ~"[ ..... ~[' '~'"" - -- ~. ~ C¢.~ .m~...~ ~.~. ~. ep. g...~.~. ........................ '. ' Bu~ld~n~ Inspector ' RV 1/80 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, .Ir. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 119'71 Fax (516) 765-1823 Telephone (516) 765-1800 July 1, 1991 John M. Wagner, Esq. Esseks, Hefter & Angel P.O. Box 279 108 East Main Street Riverhead, NY 11901 Re: Appl. of Peter and Mary Louise L. Blank Dear Mr. Wagner: This will confirm that the subject application has been reviewed and the following are requested at this time: (a) Proof of notice to an adjoining landowner (New York State) at the address shown on the assessment records must be done immediately, particularly since this matter has been advertised for a public hearing to be held on July 12, 1991. Please provide us with an Affidavit of Mailing together with the postmarked certified receipt from the post office that the appropriate notification has been mailed. (b) a copy of an abstract of title from a reputable title insurance company certifying single-and-separate ownership of the subject lots, which should be submitted as soon as possible. (c) separate $500.00 filing fee is necessary for the second lot since the two lots are not merged as originally believed. The $500.00 fee paid to date will be applied to the lot situated south of the right-of-way. The additional filing fee will be applied to the lot situated north of the right-of-way. Please call our office if you have any questions. Thank you. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN K'I,a'CKI. I"IcI"'?CN & ANQ~L' P. O. ~OA ~Tg - RIV~'N~tCAO. N.Y. I1~1 ' ~:-~i.~*:~June 7, 1991 Town of Southold Zoning Board of Appeals T¢ Hall, 53095 Main Road , New York 11971 Attention: Ms. Linda Kowalski Application for Variances/Interpretations of Peter and Louise L. Blank Ms. Kowalski: I enclose herewith, in connection with the above-referenced application, four (4) prints of a revised survey showing the )osed building envelopes for construction of single-famil5 and accessory structures on the subject ,s, which were last revised June 4, 1991, also ages of the two subject parcels that are covered proposed building envelopes. .. Based upon the enclosed surveys, I respectfully amend the subject application to request additional variances Q_f "· _ ':_ _ -a-~ ulrements for 1 and 2 to ~ow ~a~imum o coverage -of variances are necessary to '~6~61e building envelopes on the subject parcels, as proposed. It should be noted that, although variances are sought for lot coverages of parcels 1 and 2 of 16.8% and 24.7%, respectively, the actual coverage of the lots after construction will likely be ~. substantially less than the percentages given, as all areas~0f.~he ~p~osed building envelope are not l~kel~ to be .buil~ upon. Very truly yours, John M. Wagner Peter's Neck Road Orient, New York March 29, 1991 11957 Zoning Board of Appeals, c/o Town Hall 53095 Main Road Southold, NY 11971 Town of Southold Re: Property owned by Peter Blank and Mary Louise Blank - Peter's Neck Road, Orient, Southold, New York Dear Chairman and Members of the Zoning Board of Appeals: Please be advised that the law firm of Esseks, Hefter & Angel has been designated by us as our agent to make application for variances, interpretations and other relief given by the Zoning Board of Appeals on the above-described property. They have authority to file the aforementioned variances, etc. in this connection on our behalf. Please be further advised that any partner or associate of the law firm of Esseks, Hefter & Angel is authorized to execute documents in connection with the aforementioned variances, etc. Very truly yours, MARY LO~3ISE BLANK ? . '?/ PETER BLANK' i'-~: "~ ::: i! ~.'~' . ' ' esting approvals ofthe reduced lot ~ area and depth of Parcels I and 2, · ) I which nonconformities remain in pti- ' ' "~ / rate ownership following ap- ' '~ \ propriation of the total balance of I land after acquisition by the N.Y.S.~ z~ ~ Department of Environmental Con-/ NOTICE OF HEARINGS ?,OTICE IS HEREBY GIVEN, r~uant to Section 267 of the Town w and the Code of the Town of ~thuld, the following matXers will held for public heatings before the ~UTHOLD TOWN BOARD OF 'PEALS at the Southold Town H, 53095 Main Road, Southold, ~' 11971, on FRIDAY, JULY 12, ;1, commencing at the time speci- 7:30 p.m. Appl. No. 4033 -- Nq)l LACALAMITA. Request for dance to the Zoning Ordinance, ticle RI, Section 100-33 for ap- ;val of caq~ort in the front yard ~ with reduced setback~ from the ~t ami side property lines. Location Property: 1395 Henry's Lane, conic, NY; County T~x Map No. Y0-74-01-10. 7:35 p.m. Appl. No. 4028 -- CHARD OLIVERI. Request for title RI, Section 100-32 for per- -4ling stractore with in~uffinient ~r yard and ~id¢ yard scthaeks. ae District: R-80. Location of hue, Fishers Island, NY: County ( Map No. 1000-0~(~0fi-20.5, 7:45 p.m. Appl. No. 4036 -- LEN BRAUNSTfil~. Request for ~qance to the Zoning Ordinance, :icle RIA, Section 100-30.A3 to :aced rear yard setback on ~is cot- - icl. Lot ~rea is nenccnfonnfng in ~ R40 Zone District. Location of 0er~y: Comer of Wendy Drive and :Chic Bay Boulevard, Laurel, NY; unty Tax Map No. 1000-128-5-'/. :p of Rollingwood Estate~. 7:50 p.m. Appl. No. 4032 -- \RY AND PETER BLANK. peal: (a) under Ardcle II, Section :)-23, Article HI, Section 100-32 / set~ation, and requesting approval of / the proposed building area for place- mcat of principal dwelling structure with related accessory building(s), having insufficient setbacks in the front yard, rear yard and lc~ coverage in excess of the five (5%) percent limit, and (b) under New York Town Law. Section 280-a, int~ps~ting non- jurisdiction or otbenvise &tonnining access approval. Location of Proper- ty: Along Pemr's Neck Read, extend- lng appmximamly 29~0 feet south of King Street, Hamlet of Orient, Town uf Southold, NY; County Tax Map Pared Nos. 1000-32-1-part of 2 and 4; also Lot 3 (ROW). 8:00 p.m. Appl. No. 4034~'~ ANTHONY AND MARIA MER- ¢ORELLA. ReXlUeSt for variance to the Zoning Ordinance, Artinle RI, Section 100-33 for permission to amend previous variance application and decision rendered July 11, 1990 under Appl. No. 3944 in order to locate tw~ear garage building, with partial enlargement for a second floor with windows, and other structural mo~figariona as shown on a new con- stmction plan (including plumbing facilities for a halt bath), in an area other than the required rear yard. Location of property: 22fi0 Peeonie Bay Boulevard, Laurel, NY; also known as Lot 19 on thc Map uf Edge. mere Park; County Tax Map No. 1000-14544. 8:05 p.m. Appl. No. 4035 -- MR. AND MRS. EUGENE CROAS- DALE. Request for a variance to Zening Ordinance, Article IHA. Sec- fica 100-30A.3 to permit ad~tion to dwelling with insufficient front and side yard setbacks. P~mises is non- c~fonning as to lot a~a and width; the subject dwelling as exists is nonconforming as to the front and total side yard setbacks in this R-40 ZOOn Districu Location of Property: 595 North Parish Drive, Southold. NY; County Tax Map No. 1000-71-1- 6. containing 28,250 sq. ft. in total area. 8:10 p.m. Appl. No. 4024 RONALD STRITZLER, M.D. Re- quest for variance to the Zoning Ordi- nance. Article ]~, Section 100-33 for pen~ssion to locate accessory tennis the required rear yard on this 4.9~ acre parcel Location of Property: 3055 Soundview Avenue, Mattituck, NY; County Tax Map No. 10~0-94-1- 14. (Recessed from 1tree 7, 1991) 8:15 p.m. AppL No. 40~/--JOHN AND RICHARD ZEISLER. Request for va6ance to the Zoning Ordinance, Article RIA. Sec- tion 100-30A.4 (100-33) for permission to an area other than the required rear yard at 700 Jackson's Landing Road. Manitock, NY; Lot area is noncoufovming th this R-40 Zone District; Map of Jackson's Landing, Let #7, filed in the Suffolk Cconty Clerk's Office as Map #5280; also identified as County Tax Map # 1000-113-4-9. The Board of App~uls wiJl at said thne and place hear any and all per, oas or sentatives desliin8 to be heard in the above metiers. Wtirten cc~nments may also be sub- mitted prior to the conclusion ~ the subject heating. Each hearing will not start before the times designated above. For more information, please call 765-1809. Dated: June 24, 1991. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD E GOEHRINGER CHAIRMAN By Linde Kowaiski STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) said County, being duly sworn, says that I~e/she Is Principal Clerk of TNE SUFFOLK TIMES, a Weekly Newspaper) publIshed at Mattltuc~ In the Town of Southold) County of Suffolk and State of New York) and that tho Notice of which the annexed Is a printed copy, has been regularly published in said Newspaper once each week for ~ weeks successively, commencing on the -- / day of Swom to before me this day of~,~'-~-:'~ ? SIAIli OF NPW . Patricia Wood, being duly sworn, says that she [s th¢ Editm, of TNE LONG ISLAND TRAVELER-WATCHMAN, a public newspap¢; printed al Southotd, in Stdfolk Counly; and [hal Ihe nolice of which the annexed is a printed copy, once t'ach week for. ................. .~... weeks (ayo ~z~ . .~~ ./'.~,~2~L ..... 19 .~:'.. ~ ............... ........... ~ .... ~9. Notary Public BARBARA A. SCHNEIDER NOIARY PUBLIg, St?to 01 New York appropriation of the total balance of tand after acquisition by the N.Y.S. Department of En- vironmental Conservation, and requesting approval of the pro- posed building area for place- petty: Westerly side of Crescent Avenue, Fishers Island, NY: County Tax Map NO. 1000-006-06-20.5, containing Appeal: (a) under Article II, NOTICE OF HEARINGS NOTICE IS HEREBY GIV- EN, pursuant to Seclion 267 of The Town Law and the Code of the Town of Southold, the following matters will be held for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road, DAY, JULY 12, 1991, commen. cluding plumbing facilities for a half bath), in an area other than 8:10 p.m. Appl. NO. 402~- RONALD STRITZLER, M.D. ' Request for variance to the Zon- ing Ordinance, Article Ill, Sec- tion 100-38 for permission to the required rear yard on this I 4.9+- acre parcel Location of i Property: J055 Soundviewi ~o Avenue, Mattituck, NY; Coun- I ty Tax Map No. 1000-94q-14. (Recessed from June 7, 1991). '~ 8:15 p.m. Appl. Nc~ 403% ~ JOHN AND RICHARD I ZEISLER. Request for variance ! APPEALS BOARD MEMBERS Gerard P. Ooehringer, Chairman Charles Grigonia, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. If you or your representative should require more than 20 minutes to present your case, it is suggested that the extended presentation be submitted in writing at the hearing (if possible). Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Enclosure Copies of the Legal Notice for Hearings to be held 7/12/91 were sent to the following on 6/26/91 except as noted: Times-Review (delivered 6/24/91) Long Island Traveler-Watchman, Inc. (delivered 6/25/91) ZBA Board Members with copies from files Individual hearing folders Original posted on Town Clerk Bulletin Board 6/24/91 Ms. Randi Lacalamita 1395 Henry's Lane Peconic, NY 11958 Mr. Paul Reich P.O. Box 384 Peconic, NY 11958 Stephen L. Ham III, Esq. 45 Hampton Road Southampton, NY 11968 (for Oliveri) Steve Latham, Esq. (Re: Oliveri) Twomey, Latham, Shea & Kelley P.O. Box 398 33 West Second Street Riverhead, NY 11901 Mr. Norman Reilly, Jr. A. Reilly & Sons, Inc. P.O. Box 98 Mattituck, NY 11952 John M. Wagner, Esq. 108 East Main Street P.O. Box 279 Riverhead, NY '11901 Tech Associates 3900 Veterans Memorial Highway Bohemia, NY 11716 Mr. and Mrs. Anthony J. Mercorella 2260 Great Peconic Bay Boulevard Laurel, NY 11948 Mr. Garrett A. Strang, P.O. Box 1412 Southold, NY 11971 Ronald Stritzler, M.D. 51 Stirrup Lane Roslyn Heights, NY 11577 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 ) ~ .:~: ! BOP, RI) O£ APPEALS TOWN OF SOUTHOLD SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 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 matters will be held for public hearings before the SOUTHOLD TOWN BOAi{D OF APPEALS ~t the Southold Town Hall, 53095 Main Road, Southold, NY 11971, on FRIDAY, JULY 12, 1991, commencing at the times specified below: 7:30 p.m. Appl. No. 4033 - RANDI LACALAMITA. Request for variance to the Zoning Ordinance, Article III, Section 100-33 for approval of carport in the front yard area with reduced setbacks from the front and side property lines. Location of Property: 1395 Henry's Lane, Peconic, NY; County Tax Map No. 1000-74-01-10. 7:35 p.m. Appl. No. 4028 - RICHARD OLIVERI. Request for variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate new 'principal dwelling structure with insufficient rear yard and side yard setbacks. Zone District: R-80. Location of Property: Westerly Side of Crescent-Avenue, Fishers Island, NY; County Tax Map No. 1000-006-06-20~5, containing 2+ acres. ~Page 2 - Legal Notic~ Regular Meeting of July 12, 1991 Southold Town Board of Appeals 7:45 p.m. Appl. No. 4036 - ELLEN BRAUNSTEIN. Request for variance to the Zoning Ordinance, Article IIIA, Section 100-30.A3 to construct addition to dwelling with a reduced rear yard setback on this corner lot. Lot area is nonconforming in this R-40 Zone District. 'Location of Property: Corner of Wendy Drive and Peconic Bay Boulevard, Laurel, NY; County Tax Map No. 1000-128-5-7. Also referred to as Lot "A" Rollingwood Estates. 7'.~50 p.m. Appl. No. 4032 under Article II, Section  o~ Orient, Town of Southold, 1000-32-1-part of on the Map of - MARY AND PETER BLANK. Appeal: (a) 100-23, Article III, Section 100-32 and Bulk Schedule, Column "v," requesting approvals of the reduced lot area and depth of Parcels 1 and 2, which nonconformities remain in private ownership following appropriation of the'total balance of land after acquisition by the N.Y.S. Department of Environmental Conservation, and requesting approval of the proposed building area for placement of principal dwelling structure with related accessory building(s), having insufficient setbacks in the front yard, rear yard and lot coverage in excess of the five (5%) percent limit, and (b) under New York Town Law, Section 280-a, interpreting non-jurisdiction or otherwise determining access approval. Location of Property: Along Peter's Neck Road, extending approximately 2900 feet south of King Street, Hamlet NY; County Tax Map Parcel Nos. 2 and 4; also Lot 3 (ROW). Page 3 - Legal Noti( Regular Meeting of July 12, 1991 Southold Town Board of Appeals 8:00 p.m. Appl. No. 4034 - ANTHONY AND MARIA MERCORELLA. Request for variance to the Zoning Ordinance, Article III, Section 100-33 for permission to amend previous variance application and decision rendered July 11, 1990 under Appl. No. 3944 in order to locate two-car garage building, with partial enlargement for a second floor with windows, and other structural modifications as shown on a new construction plan (including plumbing facilities for a half bath), in an area other than ~he required rear yard. Location of Property: 2~60 Peconic Bay Boulevard, Laurel, NY; also known as Lot 19 on the Map of Edgemere Park; County Tax Map No. 1000-145-4-4. 8:05 p.m. Appl. No. 4035 - MR. AND MRS. EUGENE CROASDALE. Request for a variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 to permit addition to dwelling with insufficient front and side yard setbacks. Premises is nonconforming as to lot area and width; the subject dwelling as exists is nonconforming as to the front and total side yard setbacks in this R-40 Zone District. Location of Property: 595 North Parish Drive, Southold, NY; County Tax Map No. 1000-71-1-6, containing 28,250 sq. ft. in total area. 8:10 p.m. Appl. No. 4024 - RONALD STRITZLER, M.D. Request for variance to the Zoning Ordinance, Article III, Section 100-33 for permission to locate accessory tennis court structure in an area other than the required rear yard on this 4.9+- acre .Page 4 - Legal NotJ Regular Meeting of July 12, 1991 Southold Town Board of Appeals parcel. Location of Property: 3055 Soundview Avenue, Mattituck, NY; County Tax Map No. 1000-94-1-14. (Recessed from June 7, 1991) 8:15 p.m. Appl. No. 4036 - JOHN AND RICHAi~ ZEISLER. Request for variance to the Zoning, Ordinance, Article IIIA, Section 100-30A.4 (100-33) for permission to locate accessory two-ear garage structur~ in an area other than the required rear yard at 700 Jackson's Landing Road, Mattituck, NY; Lot area is nonconforming in this R-40 Zone District; Map of Jackson's Landing, Lot ~7, filed in the Suffolk County Clerk's Office as Map #5280; also identified as County Tax Map #1000-113-4-9. start before the times designated above. please call 765-1809. Dated: June 24, 1991. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not For more information, BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski TO: Times-Review Delivered 6/24/91 L.I. Traveler-Watchman For Publication APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Di. niz[q, Jr. Robert A. villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD July $.E..O..R.A. TYPE II ACTION DECLARATION 12, 1991 SCO'Yr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appeal No. 4032-b Project/Applicants: County Tax Map No. Location of Project: Mary Louise Blank 1000- 32-1-2.1 Peter's Neck Road, Orient, NY Relief Requested/Jurisdiction Before This Board in this Project: Area variances and 280-A interpretation This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board's area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617.2jj, this Department is excluded as an involved agency. This determination shall not, however, affect any other agency's interest as an involved agency under SEQRA 617.2jj. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. mc ~. I ~ROJECT i.D. NUMBER 617.21 ~. Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1o APPUCANT/~PQNSOR I 2. PROJECT NAME Peter Blank & Mary Louise Blank Blank Variance Application 3. PROJECT LOCATION: Mu~ttclpallly Orient, Town of Southold Counw Suffolk 4, PRECISE LOCATION (Slreet a~ress and road intersection~, prominent landmarks, elD., or provide map) Neck Peter' s/Road, Orient, Southold Town SEQR [] New ~ Exoanslon ~] Modiflcatlonlaltezat/on '6. DESCRISE PROJECT BRIEFLY: Ob'tain necessary variances to permit construction of single-family residences on two vacant parcels. ?. AMOUNT OF LAND AFFF-Ui~U: Initially: Initially acres Ultimately ~ame acres '8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ~--] Yes [] NO II No. de$criPe brielly Lot area, lot. depth, and setback variances required. Variance or interpretatio[~ of Town Law ~280-a required. 9. WHAT IS PRESENT ~NO USE IN VIClNI~ OF PROJECT? · ~ Residential ~ Industrial r,~ Commercial D Agriculture ffi Par~ForesuOaen s~ac, Tax Parcel 2: 1.7478; Tax Parcel 4:1.6461 acres 10. DOES ACTION INVOLVE A PERMIT APPROVAl., OR FUNDING, NOW Off ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL. STATE OR LOCAL~? [] Yes [~ NO If yes, list agency(s) and permit/approvals New York State Dept. of Environmental Conservation - Tidal Wetlands Southold Town Trustees - Wetlands 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL7 12. AB A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION7 I']No I CERTIFY THAT THE INFORMATION PROVIDED ASOVE I$ TRUE TO THE BEST OF MY KNOWLEDGE App,ca.,$pcnso, .ama' John }[. Wagner, attorney for Peter Blank · - Date in the Coastal Are~ncv I * the~ Da = ., comp e,e Coastal Assessment Form before proceeding with this assessment OVER I (Con:~nued on :eve:se s~e) ~he~.Y.So Enviro'nmental Ouali~ Rev~ ..... of ~n~s ~orm, and an enviro'nmental ~.~,~c? requzres Submission before any action is taken. --~--~-- wl~& ue made ~y thi~ board SHORT ENVIRONMENTAL ASSESSMENT FO~! INSTRUCTIONS: (a) In order ~o 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 w~ll be undertaken. (b) If any question has been answered Yes the project may be s£g- nifican= and completed Environmental Assessment Form is necessary. (c) If all questions have been answered NO it is likely that the project is not Significa~t. (d) E~nv~ronmental Assessmen~ 1. Will project result in a large physical change to the project site or physically alter more ~ than 10 acres of land? __~es x___~O 2. Will there be a major change to any unique or unusual land form on the site? Yes X~o 3. Will project alter or have a large effect on an existing body o~ water~ ~Yes x No 4. Will project have a potentially large, impact On groundwater quality? ~Yes X No 5. Will projec~ significantly effect drainage flow on adjacent sites? ~¥es X No 6. Will · affect any threatened or endangered plantpr°leer or animal species? x 7. Will project result in a major adverse effect on air quality? Yes X~O 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas kzlown to be i~portant to the community? ___.Yes X NO 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontologica~ ~mportance or any site designated as a critical envircnmental area by a local agency? Yes X NO 10. Will project have a m~jor effect On existing or future recreational opportunities? X ____~es ___~o Ii. Will projec~ result in major traffic problems or cause a major effect to existing transportation · systems7 x Yes NO Il. Will project reguZarly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project,s operation? _._Yes X 13. Will project have any impact on puhkic health or safety? ~¥es x___~o 14. Will project affect the existing commuaify by directly causing a growth in permanent popula- tion of more ~han $ percent over a one-year .__Yes x No period or have a major negative effect on the charact~of the community or neighborhood7 15. Is there public controversy COncerning the . . prelect7 ., Yes x No HepreSentieg: Peter Blank & Mary Louise Blank QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached.) P~t~r Blank Owner of Tax Lot 4 M~rv T.ouis~ Blank Owner of Tax Lot 2 B. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? { } Yes {x } No. (If Yes, please attach copy of "conditions" of sale.) C. Are there any proposals to change or~ alter land contours? { } Yes {x} NO , except to the extent SUCh changes are eventuaIIy required for construction of residential structures. D. 1. Are there any areas which contain wetland grasses? Yes 2. Are the wetland areas shown on the map submitted with this application? 3. Is the property bulkheaded between the wetlands area and the upland building area? No 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? Such ~a~tact to be made prior to hearing on this application. E. Is there a depressmon or sloping elevation near the area of proposed construction at or below five feet above mean sea level? Yes (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting? None If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? . ~Q 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 co-owner also own other land close to this parcel? Yes If yes, please explain where or submit copies of deeds. Peter's Road,Orient - Tax Parcel No. 1000-032.00-01.00-007.000 I. Please list present'use or operations conducted at this parcel vacant and proposed use single-family residential Au~fh6rized Signature and Date John M. Wagner, attorney for Peter 3/87, 10/901k Blank and Mary Louise Blank )IST: .000 132.00 ~LK.: )1.00 .CT: )04.000 10991 59 CONSULT YOUR LAWYER BEFORE StGI~ING THIS IDISTRUMEHT-THIS IHSTRUMENY SHOULD BE USED BY L~WYEIS ONLY ~/~HIS INDEN~R~ madethc I~f~ day of Nove~e~ , nineteen hundred and ei[~ty-~ne BETWEEN ~y-~ulse L. Bi~, residing at No~ Peter's Neck ~e, O]'iout, New York L1957 ~ I,~M~ party of the first part, and Peter Blare, residing at No# Peter's Neck Lane, Orient, New York 11957 party of the second part, WITNE$$ETH, that the party of the first part, in consideration ct ten dollars and other valoable consideration paid by the party of the second part, does hereby grant and release untn the party of tile second part, thc heirs or successors and assigns of the party of the second part forever, ALL that certain Rlgt,.'.piece or parcel of land, with the buildings and improvements thereon erected, situate ~;~i~g~l~]~l~ at Orient, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGDINING at a concrete monument set on the easterly line of a certain 33-foot Private Road at the southwesterly corner of land of Frances E. Douglass and ~ing thence along said land of Frances E. Douglass, N. 71 degrees 56' 00" '"~2-370 feet more or less to Pete Neck Creek; thence, along the shore of Pete Neck Creek, southerly m~d then westerly about 930 feet to the easterly line of a certain 25-foot Private Road; thence along said 25-foot Private Road tba-ee courses as follows: (1) N. 14 degrees. 42' 20" W.-295 feet more or less, thence (2) N. 27 degrees 11' 20" W.-146.02 feet; thence (3) N. 53 degrees 12' 20" W.-99.56 feet to said certain 33-foot Private Road; thence along said 33-foot Private Road N. 8 degrees 04' 00n W.-30.0' feet to the point of BEGINNING. TOGETHER with a right of way over said Private Road northwestel~ly about 2900 feet to King Street. -: TOGET}~R with all the rider, title and interest of the parties- of the first part of, in [u~d to thc land ~u~dor water in Pete Neck Creek, lying contiguous to said premises. TOGETHER with all right, title and interest, if any, of the party of the first part, in and to any streets and roads abutting the above-described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the pai'ty of the second part, the heirs or successors and assigns of the party of the second part forever. AND tile party of the first part, in compliaoce with Section 13 of the Lien Law, .covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the imp,rovement before using any part of the total of the samex for any other purpose. The Word... "party" shall,, 'v"be rons~rued, as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS,WHF..RIVO~F, the party of the first part has duly executed this deed the day and year first above IN ~RESENCE OP: ij/'ATE OF HEW YOLK. COUHTY O~ ST~ SS: ~Ohthe I~ dayof N6Ve~er 19 89 , before me ~per~nally came to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the s~e. $~PHEN R. ~SEL No~ Public, State of New No. 4~0374 ~ ~etified in Suffolk Cou~ Commlsfion Ex~iras ~eptember ~0,1990 STATE OF NEW YORK, COUNTY OF SS: On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. ; that he is the of ; the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. STATI OP NEW YORNJlI~OUN'TY OF SS: On the d~y of 19 , before me personally came to me known' to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. STATE OF NEW YOKK. COUNTY OF SS: On the day of 19 , before me personally came the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who being by me duly sworn, d d depose and say that he resides at No. ; that lie knows to be the individual described in and who executed the foregoing instrument; that he said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name'as witness thereto. Bargain ani ale Dee %'ITHOU'r COVENAx'r AGATES? GP. AN?Oa'S Acrs 'FITLE NO. MAI~Y-LOUISE L. BLANK TO P~J.'~ BLANK ST~NDRK0 SrORll OF EEW YORK 10El0 OF TITLE UEDEXWIIITEaS Distributed by INBURIANCE C O]~lJ PANY SECTION 032.00 BLOCK 0 l · 00 LOT 004. 000 COUNTY OR 'rowe SUFPOL~K Recorded at Request o! CHICAGO TITLE INSURANCE COMPANY Return by Mill to ESSEKS, HEFTER &'ANGEL P. O. BOX 279 RIVERHEAD, NEW YORK 11901 INI)ENTUItI'], made th.~-9~ '. ,lay 4£ ~-~- c_c-.,~./~t~t_~ , ,unetcca hundred uno sixty-tWO, BE'~VEEN GEORGE LATHAM, a/~/a GEORGE R. LATHAM, and ELIZABETH E. LATHAM, his wife, as to her dower interests, beth residing at ~no number) Bacon Road, Old ~eetbury, New York, partleo of tl~e fi~t pa~, nad MAP~-LOUIBE L. BLANK, residing at (no number) Old ~estbury~ Now York, ~,VITNESSETII~ that the partiOfl of the first,part, iu consideration . ~ZNaana .no/lo0:~(-$10, 9 ) ............ part y Meadow of the second part, .......... Dollars, of the second part, and assigns, forever, lawful money of :he United States, and o~her valuable considerations paid by the part y of tlc second part do hereby grant and release unto the part y her heirs ALLthat certain ~ieee or parcel of land, situate at Orient, Town of Southol.d', 'County of Suffolk and State .of New York, bounded and described as follows: BEGINNING at a con0rete monumen~ set at the southerly te. rminus of the erly 1, ins of a certain 39-foot Private Road, being the southeasterly corner of land of Frances E. Douglass; running thence on the extension northeaster. ky of the southerly line cf said. land of F~noe$ E. Douglass, N. 59° 2i 50" E.-8.66 feet to ~he northerly terminus of the westerly ~ine of a softail ~5-foo~ Private Road; ~hen~e along said 25-foo~ Private Roaa three courses as followa: (1) ~. 53© 12~ ~0" E.'108.17 fee~; thence (2) ~. 27© ll' 20" E., 137.51 fee~; thence (3) ~. 1~° ~2' 20" E.-317.39 feet to ~he oen~em of an inle~ leading from Pete Neck Creek to a certain Salt ponS; theno9 along lan of Geomge R. Zat~m, J~., two co.sea as follows: (1) $ou~hwes~erly and ~he northwesterly. ~g .~,~e.cen~e~ of said inlet-200, fee~ more or less; ~henoe (2) S~ '330 ES' i~'::'W~'~2~0'foo~ moro or loss to ~he ordi~ry high water.mark of Orien~ Bay; ~ha'nee northwesterly along said ordinary high wa~erL~k.840 feet mo~e or less to land conveyed or ~o be conVeye~ by ~he ~rtyTof ~ho firs~ par~ ~o Margaret L. S~rachan; thence along last-mentioned land, N. 37' ~0" E.-460 fee~ more or less ~o said land of Frances E. Douglase$ .~heac~ along said land of Frances E. Douglass ~o courses as follows: (1) S. 63°.. 365 20" E.-272.63 fee~; ~hence (2) N. 59~ 21~ 50" E.-5~.03 fee~ to the pein1 o~ BEGINNING. ~ , ' . /~. ' 'TOOET~R with a right of ~ay Over said Private Read nor%hwesterly 'ab0~t 2900 feet to King Btreet. B~J~T to a decimation of covenants and restrictions affecting the here-~ in ~escribe~ property to be hereinafter ~de by the party of the first part an~ recor~e~ in the Office of ~he Clerk o~ the CounZY of Bu~folk, Btate of N~ York. ~OG~R wi~h all~the right, title and interest of the ~rties of ~he first par~ of, in and to.the land un,er water in Orient Bay, lying conti~ous to sai~ premises~ .... ~ ~ -~..~,~ ..... ~ .~ _ _ ~ · her heirs of the fiat part of, in and to tho land lying of the first part in and to of' thc s~ond part, and assigns forever. TOGETIIER.with all rlght, title and interest of the part the streets and roads in front of and adjoi~iing said premises. TOGETIIER with tho appurtenances and all the estate and rlgh~s of-the pm, ties said premises. :: TO HAVE AND TO IlOLD the preralses berein granted unto the party 'l'~no grantor, in compliance whh Section 13 o[ the Lien Law, covenants that the grantor will rcceiva tho conzid- eratloa tar this conveyance al d will hold the right to receive such consideration as a trust flmd to be appli~ first for tho purpose of paying Iho cost o£ lbo improvement and that the grantor will apply tho same first to tho payment o! the cout of tho lmpro',c ~cnt before using :my l,U~t of tim tol~fl o[ Ihe seine Inr any other puqmse. ,MND the said GEO~E LATHer, an~ ELIZABETH/LATHAM, his wife, covcnanz that ~oy haVO no%~ dane or sulIorcd anythiug whereby the said prmui~cs hav~ b~co cncunfi,crcd in any w~y whatcvc~. OXOOp~ sald~ W~I'~SS WHEREOF, ~c pa~le~' of tho first part have hereunto set ~ho~ h~ds ~B ~e day ~d ye~ first ~ow wx~tten. In presenc~of: / ~TATE OF L ~. N~/ YOI:IK day ef DEC 3i 1962 NORMAN E: ~LIPP .Cl~k of Suffmk CtmnW :; "'q ' ~ ?'IF?lO: ]ClUOO:~ :' ....., ..: GEOP~E LATHAM ana ELIZABETH E. IATHAM, his wife, · to me ~no~ aa,t known to mo to be thc h~vlduah, d:c~ed in, and who ex.uteri, ~o foregoing ~.owl~g~ to mo ~at'~ h, executed tho same.~, · . ~ ' . . , · ~.' . , . ,.,..: , . . . . .. ..:,, r ' - · -~-~-:~-.~.-~:?~:,~,~'"~v~ ~t ~ f~ ..... ' ' - ' - .: - ' ~ ~ ''' ' ' '' ~i ~ : '' .~':-'~ ~ ~ ~ ~ ~ o ~ · ~ 0 ' ' ~ ~.~"'::<'.:A~ - '>-. ~ J ~ o z~ ~ ~ . '' ~ ",:-":&'~', -~ , '~? ..................................................................... ~ ~=~I~ ~v~ .,:. .................................................................................................. ;--; ........................ ,;.~ - _ ....................................................... : ................. R-80 R-200 ~ / FORMER OWNER RES. LAND VL. IMP. TOTAL DATE E W coMM. cB. REMARKS ACR. TYPE OF BUILDING Mkt. Value FARM Tillable 2 Tillable 3 Woodland Swampland Brushland House Plot Total Acre Value Per Acre ,23 FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD DOC/( COLOR TRIM M. Bldg. Extension Extension Extension Porch Porch Breezeway Garage Patio O.B. Total / ?J' Basement /', i~/, r Floors Fire Place ~. ~ ~eat Type Roof Rooms 1st Floor Recreation Roo~ Rooms 2nd Floo~ Dormer Driveway Dinette K. LR. DR. r TOWN SOUTHOLD PROPERTy :RECORD' ':'. ,:.~,l ~r~ ~,,. ~ ~,~ ~, ~'~. S '~ W :~ .TYPE OF BUILDING · RES. S~S. VL FARM COMM. CB, MI~S. ~ Mkt. Value ,, ~ND IMP. TOTAL DATE R~RKS -, '~:~ ~ .' -~ ~ '~ . ' ;'J~ ' '.;~* ~h ~ ~" ~ ' .... illable '~ ~ - .;. <,::..~.. .... ~ .. ~ FRONTAGE ON WATER W~la~ .- :' ~': ' FRONTAGE ON ROAD -~ ~Woodland Total STREET FORME~-OWNER " RES. LAND SEAS. IMP. ML. TOTAL I Oo FARM Acre Tillable 1 Tillable 2 l'illable ~i,3 ,-1 Woodland ~. Swampland Brushland House Plot rotal , ~.~ ~'~ ,~ - FARM DATE W J WPE OF BUILDING REMARKS ¢~,. [, AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE Value Per Value Acre FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD DOCK State of formerly New York now or formerly Peter Blonk Jr & George R. Lothom ,Jr now or formerJy Margret L Strachan SUFFOLK COUNTY TAX MAP W SURVEY FOR PETER BLANK & MARY LOUISE AT ORIENT TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. BLANK 400 OSTEANDER AVENUE , RIVERHEAD , NY. ALDEN W YOUNG, NYS PE 8~L.S L~C. NO. 12845 HOWARD W. YO[JNS~N.Y.$. L.S. LIC NO. 45893 THOMAS C WOLPEET,N Y.S PE LIC. NO. 61483 60286