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Home My WebLink About4068 APPEALS BOARD MEMBERS Gerard E Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF APRIL 30, 1998 Appl. No. 4068 - ELEANOR SIEVERNICH PARCEL 1000-113-8-5 STREET & LOCALITY: 3200 Cox Neck Road, Mattituck DATES OF PUBLIC HEARINGS: December 16, 1991; March 5, 1992; August 14, 1997; September 11, 1997; March 23, 1998; (written portion ended April 16, 1998). FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: This property is located in an R-80 Residential Zone District, being situate on the easterly side of Cox Neck Road, Mattituck. The land in question contains approximately 163,997 sq. ft. (3.7648 acres) with 240 ft. frontage (lot width) along Cox's Neck Road (a/k/a Cox Lane) as shown by the survey completed Nov. 15, 1988 and last-dated Feb. 4, 1992. Existing is a single-family dwelling located on the southerly half of the premises 138.2 feet from a tie line along approximate high water mark (March 1988). The updated April 1, 1998 survey, prepared by Howard W. Young, Land Surveyor, shows Lot #1 of 80,323 sq. ft. including 2,914 sq. ft. of wetland area, and leaving 77,409 sq. ft. of upland area. Lot #2 would contain 83,673 sq. ft. including 9,302 sq. ft. of wetland area, leaving 74,371 sq. ft. of upland area. The lot width of Lot 1 is proposed at 166.63 feet, and lot width of Lot 2 is 73.37 feet, both along Cox Neck Road. The amount of land claimed under a property line dispute with respect to the southerly property line is approximately 3269 sq. ft. The amount of land claimed under a property line dispute with respect to the northerly property line is approximately 2180 square feet. As of this date, a Supreme Court decision has not been rendered, and this determination will be adjusted to reflect a final decision among the property owners without the need to reapply. BASIS OF APPEAL: Building Inspector's Action of Disapproval dated October 2, 1991 which reads as follows: "...under Article XXIII, Section 100-239 proposed lots will have insufficient upland area and under Article III, Section 100-32 proposed Lot #2 will have insufficient lot width .... " Page 2 - April 30, 1 Re: 1000-113-8-5 (Sievernich) Board of Appeals Appl. #4068 AREA VARIANCE RELIEF REQUESTED BY APPLICANT: Area-variance approval for reduction in lot sizes as follows in this pending subdivision project: Lot I with frontage of 166.63 feet along Cox Neck Road, 175 feet in width at the proposed building setback, and upland lot area to approximately 77,409 square feet, more or less; and Lot 2 with frontage of 73.37 feet along Cox Neck Road and upland area of 74,371 square feet, more or less. REASONS FOR BOARD ACTION, DESCRIBED BELOW: (1) The granting of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because this property, when divided, will produce two lots of a minimum of 75,320 and minimum of 71,102 sq. ft., excluding the wetland areas. Both lots would have far more area than most lots in the vicinity. (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because this 3.7+- acre It is long and narrow, conforming to most of the lots in this area. (3) The requested area variance is not substantial. (4) The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because a new house would be placed in a location at least 75 feet from the wetlands, and the existing house already exists in a location at least 75 feet from the wetlands. This action is the minimum that the Board deems necessary and adequate and at the same time preserves and protects the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: Member Tortora, it was On motion by Member Dinizio, seconded by RESOLVED, to GRANT the variances, as applied for. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, COLLINS, and HORNING. This RESOLUTION was Page 3 - April 30, Re: 1000-113-8-5 (Sievernich) Board of Appeals Appl. #4068 ZBA CHAIRMAN Approved for Filing on 5/7/98 ********************************** AS400/txtlk/actions. all/113-8-5 RECEIVED .~ND FILED BY THE oOU~LD TO\'VN CLERK HOUR ToWn Clerk, Town o,~ ~:~ ~ ~- BOARD OF APPEALS . THURSDAY, t/~e I' R/L 16, 1998 ~T~E IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the fol- lowing applications will be held for public hearings by the~ SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, APRIL 16, 1998 at the time noted below (or as soon thereafier as possible): 6:30 p.m. Can'yover Hearing: AppL No. 4550- RUTH MILLER. Location of Property: 6400 Indian Neck Road, Peconic. 1000-86-7-2.2. 6:35 p.m. Appl. No. 4539- FRANK LICARI. Location of Property: Lot #30, Map of Ce- dar Beach Park, 485 Orchard Lane, Southold. This is a request for a Waiver under Article II, Section 100-26, based upon the Building Inspector's September 22, 1997 Notice of Disapproval which states: "...under Article II. Section 100-25A. SCTM Lot #1000-89-2-7 and Lot 89-2-6 have merged since the noncon- forming lots have been held in common ownership at some time after July 1. 1983... under Sec- tion 100-25E. no building permit can be issued by the Town until this section has been complied with... 6:40 p.m. AppL No. 4554- D. LAVEGLIA. Location of Pro~T ~Soundview Road. Mattituck: Parcel 1000-94-2-3. This is a request for a Variance based upon the ~Collowthg .two Building Inspector's Notices of Disapproval regarding an appli- cation for a permit to add deck and railing on an accessorg building: (a) disapproved February 24, 1998 under Article III, Section 100-33A because "...accessory building will exceed maximum allowable height of 4 8 feet_.." and (bi disapproved Mai'ch 6. 1998 under Article III. Section 100-33B.3 because % daccessory. buil~ling on Iots'i:ontaining be- tween 39,999-79,999 sq. fi, re- quire such building be set back no less than [0 feet from any lot line. Staircase of 3 fi.+- will now be within 9+- feet of the rear lot 1ine...'t~- 6:45 p.m. Apph~No. 4556- THOMAS KEAN. Location of Property: East End Road, Fish- ers Island, NY; County Parcel ID 1000-4-3-10. This is arequest for a Variance 1:~5~ the Build- ing Inspector's' November I0 1997 Notice of' Disapproval ~c&_$ fo ..... app.~aation for a permit to constrict addition to an' existing non-confgrming guest co~g~disalYroved on the foll~win~"~?unds: A~i exist- lng building w~th a non-conform- ing use shall not be enlarged, al- tered, extended, reconstructed, or restored..., pursuant to Article XX1V. Section 100-241A... 6:55 p.m. Appl. No. 4557- DOROTHY THOET. Location of Property: 380 Peconic Bay Boulevard, Laurel, NY; County Parcel #1000-145-2-3. This is a request for an Interpretation un- der Article XXIV. Section 100- 242A which reads as follows: "Nothing in this Article shal be Jeemed to prevent the remodel- merit ofanonconf6rming build- ~ng containing a conforming use, ~rovided that such action doe~ ~t~ regul~K~ns pertaining to such buildm~ Action is requested for an lmerpretation to confa'm that a variance is not requi~ for the applicant's proposed recon- struction of an accessory struc- ture. In the alternative, a variance is requested under Section I00- 2428(1), based upon the Build- lng Inspoetor's November 26, 1997 Notice of Disapproval and existing nonconforming setback location· 7:10 p.m. Appl. No. 4555- DONALD H. McALLISTER Location Of'Property: Private right-of-way offthe north side of East End Road, Fishers Island, NY; County Parcel #1000-4-4- I. This is a request for a Vari- ance based upon the Building Inspector's August 27, 1997 No- tice of Disapproval, disapprov- ing an application for a permit to alter an existing cottage on the following, grounds: "...In an R- I20 Dxstnct, a non-conforming building with a non:-conforming use shall not be enlarged; recon- structed or structurally altered unless the use ~f such building is changed to a conforming use. Article XXIV. Section 100- 243A... 7:25 p.m. Appl. No. 4558- JOSEPH BENDOWSKL Loca- tion of Property: 3060 Park Av- enue. Mattituck, NY: County Parcel #1000-123-8-19. This is ~ a request for a Variance based upon the Building Inspector's' February27. 1998 Notice of, Disapprbval, disapproving "...an application for a permit to conr street a rent deck addition to an existing single-family dwelling on the following grou~ds: "..un- der Article XXIIL Sbction ;100~ ~ .'~3 p.nL ~.ppl. l~to. MATTITUCK~ PR I~ e.~eTE- ~AN CHURCH. ~ ~L~o~, o[ Prope~y 12605~Main Road, )RK ss: Ma~imck, NY; Coun~P~cel ~1000-141-4-32.1. Zone Dis- ~ct: HB H~let Business:This being duly sworn, says that is a r~ue~t for a v~ce bas~ ~ Coordinator, of the YRAV- upon the ~Building Inspector's ~h 13~q998 Notice of Dis- , a public newspaper printed "approval, dlsappmving a build- 3]k Couflt~; and that the no- ing pe~it application for ~ ad- ditiontoexistingch~ch, for~e mnexed is a printed copy, followingre~o~:~.Under~- JD said Traveler Watchman ticle XXIV, Section 100v243, a non-con foxing buil~g wi~ a non-confo~ing ~e e~ot be enl~ged, re~ons~c~ or s~c- . .................................... mrally altered. Note: ~e non- confo~ing use pe~ ~ ~e ~encing on the HB Zone where ch~h~ ~ not .................... ge~iEed; ~e non-cenfo~g uilding pekins ~ ~e exis~g ' ~ ......... ~ .................. , ] 9 ....... front yard setback to-Rt: 25 which is less ~ ~e r~d ' 15 feet.." - ~.....n..m.~¢...: ......... 7:50 p.m. Apph NO. 4544- MARTIN ROSEN( Contract Vendee. (Owner:.O. Booker & e this ........................... day of ~ Location of Prope~y 11780 Sound Avenue, Ma~mc~ NY; Coun~ P~cel ~100~1.41 ..................................... ] 9 ....... 3-44. This rs a request for V~- ances based upon the Buil~g Inspector's Febma~ 18, 1998 Notice of Disapproval · disap- ~ proving a bui ding pemit h~DIi, ' ............................................ cation to consign towe~Yfor' taw Pub c telecommunicatio~ ~e,Tor 1) the proposed gl~o~:~ P~BH~. State 0f ~ York nications tower being located on a non-conforming lot in an LI District isnot permitted accord- ing to Section 100-165B;-2) the proposed tower being the prin- cipal use on the lot is required to have a rear yard setback of 70 feet pursuant to Art. XIV. 100- 239.48, proposed construction at 142; 3) the proposedlower is r&-~. 49+- feet v~ill be within .7,5 l'eet quired to be located at least one- of an ex sOng bulkhead...'~ ~.'~ htindred ( 100)' feet from the near- 7:30 p.m. AppL No. 455~- 'est dwelling ~nitpursuanttoAr- CHRISTOPHERPLIACONIS. title XVt, Se~Iion 100- Location of Property::345 Snu~ 162C.3...!'- · arbor Road Greenport; 1001~- . 8; 15, p.m Appl. 35-6-7. This is a Variance re, , ROBERT KASSNEI~o~Ii~'~ u ' ' " .... , ' "'; q est based upon the Bmldmg of Proporty. 145 Inspector's J~ 30.1993 ,N'~' Southold; 1000-87-2-32, ThWis rice of DisaISprovaI; disfippro~;2 ' a request fora Variance ing a building permit for a pt0- upon the Building Inspe?~,~. _'.~ posedaccessoryswimmingpool, ~ March 17, -1998Notice of Di~'~ slructure in the rear yard area, fo~ approval, disapprovfft, g a bu Id- the following reasons: "..~Unde'r' ifi~ permit api~li~attonz fb(:a ArticlelllA;Sec~ior/~00-30A.3 ' l&xl6' shed for the follbwing of the Bulk 'and Pfirking Sched- reason: proposed accessory shed, ule in the,R,.40 Zone: Proposed being locatedona n. oia-c0nfgrm-; construction-will exceed~the al- lng lot in an R40 Zonei5 ~eq~:.~ !owable. 20~ lot covesa~e. The tobe located in tbe rear yard, Art." lot area is .12,780+f sq. ft.; fit III~;'Sectioml00-30A.4 further 20% the ~lowal~le area would be referred to Art. Ill; 100-33 z.r 2,556 sqti~ feet. Pi'esent cov- erage with d&elling and deck is 2,553 sq,.fi~ Swimming POol, as proposed~ is 568 sq. fi., bringin~g total lot co,n~rage at 3,12 I or ap,p, roximatety 24.4% cent... " - ~ 7:35 p.m. Appl. No. 4560z- ROBERT AND ANN SHANK. Locatioa~o£;~rop er t y: 820 Fisherraa~Ls~Beach Road, 8:20 pan.; ApphsNo.:'4540-, MEI~ISSA- SpIRO AND OTH-: ERS Location 0fProporty: 340' G--l'~'wood Road and 295 East Ro~id, Cqtehogue; 1000-.1106-5:: and 11.2 Cogtinuation of. Hgarr. ing held February 23~ 19)8. This '; is a, Waiq, er request Under the m&rger law, Article. II SectiVn 100-25 for 1000-1104>-5. which consists of 0pprox, one-half. Cutchogue..:1000-111 - 1-19. t acre. This is a requns~ for a Variance 8 25 m A 1 No 4563 based.' upon'* the Building · -:?-';:-[P::' ' PP ' · ....... ' INANCYREEVE.' Location of Inspector's March lo, lvv~mo~i Pro e~-' 2055 C' tice ofDisappxoval, disaopro~,- ~, ?] ~y..,. .... ~anj~p ~nmeota- ing abuildifi~ mit fi~r*a~ ad- v,o.a% ~wammc~q e~U~,G;~.~' .... <o,,r:L,l~ ' tructior~ ]n the as built loca- oa~a~n~n~e2mffor "fi~6~ gle-famfly dwelling under ca rP~mmx*'5~Y;tenr' ~ 2/3/98, and Variance based upon .R-40 Zone wi I exceed the !nspect0r s ~ :~ l==o e~otice of,DiS~ ~ 1, · ; - :.. WhiCh oenleu mI a~pneattofi saqPuP~Xf.'dm00~eSoq~ l~t~3EwXtt~t~g' *~: const.m~t a new.:- dition:--'1987, sq. ft. Pursuant to ~. 5dwell?.g,for thelfollowjn~ Art XXIV 100-244B 2)~. ' s~o?,s~noer~Arti~leXXIV, 100. posed constructton encroannes theexistin' loan' ti n · on the allowable front yard sot ..... g aa o at.~.~ leer back of 35' pursuant'to ~rt '~ lnenes°°esn°tmeetthemini"' mum reqmremer~Lof40 feet for No. 480&8~ Jified in Suffolk C~r~ '. ffont,'~d ~tback · ,of-way .-mit ~24629Z ~1998 for a fmily dwell~g'wi~ re~ ered poreh'~ appli~ for.) 8:45 p.m. ~SOL~ON: To close mimg (re=n) po~on of record in ~e MaRer of Appl. No. 4068- ELEANOR IEVERNICH. The for Towa.~Hall business ~ hoan TOWN OF SOUTItOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTtlOLD, N.Y. NOTICE OF DISAPPROVAL Date OCTOBER .2.,. .............. .............. ,19 91 To Atfl~OSY SALVATORE a/c ELEANOR SIEVERNICH HILLSIDE PROFESSIONAL CENTER .... 45 'lt0UTg '2~K,' ..................... EAST SETAL"KET, N.Y. 11733 PLEASE TAKE NOTICE that your application dated received September 18, er01 for permit to SUB-DIVIDE LAND .%29.o. .cg.x TTI UC (, N.Y. Location of Property House No. 'Street ...................... 121~mtet County Tax Map No. I000 Section 113 Block 8 Lot 5 Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds . UNDER ARTICLE XXlII SECTION 100-239 PROPOSED LOTS WILL HAVE INSUFFICIENT UPLAND AREA AND fINDER ARTICLE III SECTION 100-32 PROPOSED LOT ~2 gILL HAVE INSUFFICIENT ACTION RgQHIREI) BY TItK ZONING BOARD OF APPEAL£ .~ AND ALSO UNDER ARTICLE II ....' ~iC;};N''A'- ;~i- ~; 'A~;;; ~I~QI~;P~D' ''I~¥' '1'1~'' 'P~i~ING 'B~II~. .................. n~ildi_~¢Inspcctor T~OMAS [I4. FISHER RV 1/80 BLDG. DEPT. TOWN OF SOUTHOLD FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL $OUTHOLD, N,Y, 11971 TEL.: 765-1802 Examined. ~ . .~')':~'~....~....o).J., 19 .~.. Approved.~k).~..r~.. ~--' ) 19 3: 2 Permit No 17 loa. G ~ Disapproved a/c ............................. '~ ................................ (Building Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS F PLANS ............ SURVEY ...... ¢ .............. CHECK ...................... SEPTIC FORM ................ NOTIFY CALL MAIL TO: O'~ a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. c. The work covered by tiffs application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. ' APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for iemoval or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. (Signature of applicant, or name, if a corporation) C c/,o ~..c-~ ,e-Z.c/'k .. ........ (Mailing address of applicant) State whether/applj~cant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber ....... X :: ............................... (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No .......................... Plumber's License No ......................... Electrician's License No ....................... Other Trade's License No ...................... 1. Location of land on which proposed work wiil be done.. ........ '~...z~. ........... j .................... ............... ~.~.. Z...,f(Z. ~.-?. ~ ................. House Number Street Hamlet ...................... //3 - £..-5 County Tax Map No. 1000 Section ........... Block .............. Lot... Subdivision ..................................... Filed Map No ............... Lot (Name) ............... 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a' Existing use and occupancy . .~..~. ~..~.. : ..... ..:, .... ,', ~', ...................... b. Intended Use and occupancy · .t~... ~..art,:.-.,...--r,~....r..~....o?. ~?..(:.?-../...,~..C~.., ........ . .......... 4. Estimatc'd Cost . .'..~.. .~./. (~ Fee ...... .... : .%'... (to be paid on filing this application) 5. If dwelling, number of dwelling units ............... Number of dwelling units on each floor ............... If garage, number of cars ....................................................................... 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use .................... 7. Din~ensions of existing structures, if any: Front .............. i Rear .............. Depth .............. Height ............... Number of Stories ....................................................... Dimensions of same structure with alterations or additions: Front ................. Rear ................. Depth ...................... Height ...................... Number of Stories ..................... ' 8. Dimensions of entire new construction: Front ........ ....... Rear ............... Depth ............... Height ............... Number of Stories ..... ; ......................................... ' ......... 9. Size of lot: Front ...................... Rear ...................... Depth ...................... 10. Date of Purchase ............................. Name of Former Owner ............................. 1 1. Zone or use district in which premises are situated ..................................................... 12. Does proposed construction violate any zoning law, ordinance or regulation: ................................ 13. Will lot be regraded ............................ Will excess fill be removed from premises: Yes No 14. Name of Owner of premises .................... Address ................... Phone No ................ Name of Architect ..................... ; ..... Address ................... Phone No ................ "; Name of Contractor ......................... Address ................... Phon~No .......... ~ >/... IS.Is this property located within 1[00' feel: of a tidal wetland? -YES .... NO.~ *If yes, Southold Town Trustees Permit may be required. PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. STATE OF NEW YO~-K, ~]~ /// S S COUNTY F .... ~.~-.k-~ { ~\ ' .... · ~~~ ................ being duly sworn, deposes and says that (Name of individual signing contract) above named. he is the applicam He is the ..................................... . ...~-, ............................................... (Contracto ceorporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file thi: application; that all statements contained in this application are true to the best of his knowledge and belief; and that tht work will be performed in the manner set forth in the application filed therewith. Sworn to before me this ................ [.~ .... ,:day of.~, .... .~. ~.~. < .'(. ........ 19 .~.9 Notary Pubhc, .~a/L.~..~.~~.. County No~y Public, State of New Yo~( ........................... No. 4879505 ~.~,/ (Signature of applicant Oualifiad in Suffolk County ~ TOWN OF souTIJIOLD, NEW YORK APPEAL FRoM DECISION OF BUILDING INSPECTOR APPEAL NO. ; DATE 10/21/91 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTNOLD, N. Y. 1, (~r~ ~;Lf~f~p.~...~..t,.e..Y..e.~..n.[.(;:..h ....................... of 25 Cinderella Lane Nome of Appellant Street and Numbe¢ New York ~ Setauket ................. HEREBY APPEAL TO · . . Municipality ' .......... State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPUCATION FOR PERMIT NO ..................................... DATED 10Z.2../.~.~. ...... WHEREBY THE BUILDING INSPECTOR DENIED TO · Eleanor Sievernich Name of Applicant for ~ermlt of nderella Lane Setauket New York ...................................................................................................................... Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (x) Minor subdivision of lot 5 into two (2) parcels ~2NO Cox's Neck Road, Mattituck ........ I. LOCATION OF THE PROPERTY ...... 0ts~rtct 1000 Sec~t°nil3 Block 8 Lot 5 _ , Applicant ..,.,~ ........ ,...,., ........................................ .gurrent Owner Map No. Lot No. Prior Owner Wilhelmine J. Schiffers 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- ~ecllon and Poragi'aph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article XXIII Sectton 100-239 and Article III Section 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 ( ), A VARIANCE due to lack of access (Stole of New York Town Law Chop. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal :f~ht~) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made In Appeo! No ................................. Dated ...................................................................... REASON FOR APPEAL ) A Variance to Section 250A Subsection 3 (x) A Variance to the Zoning Ordinance ) requested for the reason that proposed lots will have insufficient upland area and proposed lot ~2 will have insufficient width Form Zgt (Continue on other side) REASON FOR APPEAL Continued I. STRICT APPLICATION OF THE ORDINANCE would produce practicaldlfficultlesorunneces- sary HARDSHIP because the applicant has owned the subject parcel since July 31, 1979, and it contains 3.7648 acres. The present zoning requires 80,000 square feet to constitute a buildable lot and 175 feet in width. Applican~ seeks td-divide the parcel into two (2) lots as shown on the map supplied herewith. The proposed division will provide two~(2) lots, each having more than 80,000 square feet. However, the exclusion of the wetland areas asrdesignated on the map, which is based on the report of environmental consulfant~ Bruce Anderson, results in insufficient upland area. The pro- posed lot #1 is thus shy of the required area by 874 square feet and Lot #~ is th~s shy the required area by 9,105 square feet. The exclusion of the wetland area from the applicant's property is the reason that this appli- cation is made. Lot #2 also requires a lot width variance. The property has a road frontage of 240 feet, so it is necessary to obtain a lot width variance for Lot #2. The strict application of the zoning ordinance would produce a severe hardship upon the applicant as it would deprive her of at least half of the value of her property and the reasonable use of same. To require the applicant to use her 163,996 square feet of land for only one house would be unrealistic and economically unfeasable. 2. The hardship createdis UNIQUE andisnotshored by all properties alike in the immediate vicinity ofthls property and in this use district because most of the surrounding properties consist of much smaller parcels than the now required 80,000 square feet so that these parcels are now nonconforming to the existing zoning. The app%ieaht believes that her parcel is unique in that, except for one parcel located'to the south which is mu~h larger, no other parcel in the area could be further subdivided. Applicant's property is the only one having sufficient area to subdivide it into two'(2) parcels. The exclusion of the wetland area from the parcel's area computation will not affect any other parcel except perhaps the large parcel to the south. As to that parcel, a wetland exclusion may not adversely affect it. The applicant's property has been in her family since March 18, 1949, and there has been no lot Change in those lot lines since then, nor have they owned any adjacent proeprty since then. 3. The Variance would observe the spirit of the Ordinance dnd WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the granting of the variances sought by the applicant would not change the Character of the surrounding area and would be in conformity with the general purpose of the zoning ordinance. The granting of the variances sought will not be detrimental or injurious to the neighborhood and will not be detrimental to the public welfare, nor be a burden upon the municipal services provided to the neighborhood. The division into two (2) lots would still contain 80,000 square feet and permit the construction of only a one familyreszdence' on each of .~he two (2) parcels. Those houses, when built, will each be more than 75 feet from the wetland area and not have any adverse affect upon them:.. The report of the environmental consultant, Bruce Anderson, clearly shows that the construction of the tworeszdences,' as per the proposed map, does not adversely impact upon the wetland. The Suffolk Count~ Health Department has given its approval for the construction of two (2) residential structures on the said lots and the applicant has recorded.the necessary restrictive covenants for the p~o~pped division into two (2) lots in the Suffolk Count Clerk's Office ~TAT~Z~Wi~%~ psge 416 and the S.C.H.~. approvalz~i~ st~mped on the ~ap. Swor, to this .................... ~..~ ...... day aL ............ ~er, ..................... 19 91 ~ C~MISSION E~qES DE~. ~ 1~ OWNER ~/~l- s-?J& ' U iv,.,_.,,,,,,su,,. 'O"- FORMER OWNER N . ' w.o . ~ I. TYPE OF BUILDING LAND / )--dO SEAS. IMP. TOTAL (.,,¢- o o ~-o o / AGE NEW FARM Fillable 'illable 2 'illable 3 Voodland ,wampland ,rushland ~ous~ Plot 'otal NORMAL Acre FARM DATE COMM. CB. MISC. Mkt. Value REMARKS BUILDING CONDITION BELOW ABOVE Value Per Acre Value FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD DOCK COLOR TRIM 'M. Bldg. Extension Extension Extension Porch Porch Breezeway Garage Patio Total Foundation Basement Ext. Walls Fire Place Type Roof ~,ecreation Room Dormer Driveway Bath Floors Interior Finish Heat Rooms 1st Floor Rooms 2nd Floc Dinette j K. LR. DR. BR. · ~/~o "/./ao'eff" ~C~YN OF SOUTHOLD PROPERTY RECORD CARD ~ S._ :~_ . ' / W ~ . _ I _~PEOFBUILDING RES'Z/~) SEAS. YE ? FARM :OMM. CB. MISC. Mkt. Value I-~ND IMP. TOTAL AGE /0/ ~'oo ~ DATE BUILDING CONDITION NEW BELOW ABOVE , FARM REMARKS NORMAL Acre Tillable 1 u",~.~- , ; ,6"" ~'~ 6 Tillable 2 Tillable 3 Woodland. Swampland FRONTAGE ON WATER I Brushland FRONTAGE ON ROAD DEPTH BULKHEAD Value Per Value Acre ;House Plot ~ ?~'o DOCK COLOR TRIM Foundation Basement Ext. Walls Fire Place Type Roof Recreation Room Dormer Driveway M. Bldg. Extension Extension Extension Bath ? Foors Interi°r Finish Heat Rooms 1st Floor Porch Rooms 2nd Floor Porch Breezeway Ga rage Patio O.B. Total STREET .,z,~ [-) ?-'~ - VILLAGE DIST. SUB. LOT OWNER RES. ]0 S~S. VL. FARM ' COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS / ~ Value ~ FAR Acre Value Per ~ Acre ~ ,~ Tillable 2 Tillable 3 Woodland Brushl~nd FRO~TAG~ O~ ROA~ ~ ~ / House Plot ; Total l DOCK ~ ~ M. Bldg. / Extension Extension COLOR ~/ Foundation ~ ~ ~ Basement I I ~--~ / Ext. Walls Fire Place Type Roof Bath Floors Interior Finish Heat Rooms 1st Floor Porch ' ~ Recreation Room Rooms 2nd Floo Porch Dormer Breezeway DriveWay Garage Patio Total Dinette K. LR. DR. BR. FIN. B. /o,o~ _ ~ TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET ~ VILLAGE DIST. SUB. LOT " ,F~RMER OWNERU , N~,~ ~,c ~ s w ~ " ~ S~S. VL FAR~ CO~, CB. ~ISC. ~kt, V~lu~ ~ ,.~. TOTAL ~T~ ~.~S ~,r~ .~ /?~' ~. AGE BUILDING CONDITION ~/~y/~ ~l¢ ~¢~2Yg- N~ NOeL BELOW ABOVE //~ '~ Acr~ Valu~ Per Valu~ Acre Tillabl~ 1 , Tillabl~ 3 W~dland Swampland FRONTAGE ON ~ Brushland FRONTAGE ON ROAD Nouse Plo, DEPTH '~; ' ~ ~ ~ ~ ~ BULKH~D Total DOCK COLOR £ M. Bldg. Extension Extension Extension paP'T,,; ;~ Breezeway Garage Patio v~F~oundation Basement IExt. Wolls Fire Place Roof Room Bath' y ~' Interior Finish Rooms 1st Floor Rooms 2nd Floor Dinette OWNER FORMER OWNER~,' ~/:,);~t' o SEAS. LAND MP. TOWN OF SOUTHOLD PROPERTY RECORD CARD VILLAGE c- vi_ SUB. LOT TYPE OF BUILDING FARM DATE COMM. CB. MISC. REMARKS ~ ¢, ¢,~.~ Mkt. Value TOTAL ~?o o AGE NEW NORMAL ,~ FARN~ Acre BUILDING CONDITION BELOW ABOVE ValUe per Value Ac re Tillabl~ 1 Tillable 2 Tillable 3 Woodland Swampland Brushland House Plot Total , FRONTAGE ON ~ FRONTAGE ON ROAD DEPTH BULKHEAD DOCK Bldg. Extension Extension Extension Breezeway Garage Foundation Basement Ext. Walls Fire Place Type Roof P~ec reation Room Bath Floors Interior Finish Heat Rooms 1st Floor Rooms 2nd Floor Yy N. 57=42'00"E. now or formerly Charles 8~ J' / I I I I I J S. 63* ~6 '00"W. . ~ ( ~. ~,~ ~,,~ ~ ~.) ~- ..... ~]~[l~[[,u,, now or formerly liezer A. 8 Miriam Bolla rumk~ ~, 5.7 INSPE 702.5? PI EASE o, ,~,, cover to gt YOUNG & Y 400 OSTRAND[R AVENUE, RIVI ALDEN W. YOUNG SURVEY FOR: DEPARTMENT OF PLANNING COUNTY OF SUFFOLK SUFFOLK COUN~ EXECLFRVE IvlAY I 9 STEPHEN 1'.4. UONES, A.I.C.P. DIRECTOR OF' PLANNING May15,1998 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) ,/i~/evemich, Eleanor Miller, Ruth McAIlister, Donald H. Kean, Thomas Bendowski, Joseph Mattimck Presbyterian Church Kassner, Robert Municipal File Number(s) 4O68 4550 4555 4556 4558 4561 4562 Very truly yours, Stephen M. Jones Director of Planning GGN:cc C:'~111CC~ZO NIN G~.ON IN G\WO R K[NG'd. DS'~MAY\S D4058 MAY S/s Gerald G. Newman Chief Planner LOCA~ON MAILING ADDRESS H, LEE DENNISON BLDG, - 4TH FLOOR · P, O. BOX 6 I00 · (5 I 6) 853-5 190 I O0 VE?ERANS MEMORIAL HIGHWAY HAUPPAUgE, NY I 1788~099 TELECOPIER (5 I 6) 853-4044 (1-516) 765-1809 tel. OFFICE OF BOARD OF APPEALS 53095 ~n' Road. Sout~eld, ~ 11971 (1-516) 765-1823 fax .the ~olk XX Variance from the Zoning Code, Article XXIII , Section 100-259 and Article III , Section i00-32 Variance from Oeterminatiun of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No:4068 Applicant: Eleanor Sievernich- Location of'Affected Land: 3200 Cox Neck Rd., Matti~uck, County Tax Map Item No.: 1000-113-8-5 Within 500 feet of: NY X'X · Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County R~ad, Parkway, Highway, Thruway Boundamy of Existing or proposed County, State or Federally Owned Land Bou~dar7 of Exis~ng or Proposed County, St.ate or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County Or for which the County has established Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of an Airport Comments: Applicant is requesting permission, to sub~d±vide iand whirh ~:!! have insuffi~iAnt ,,glnna n~n and 9rnpns~d #2 wiil heve ±nau[~icient lnt width ~pie$ of Town file a~d relateU Uocument$ encl6seq for your review. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 May 7, 1998 Anthony Salvatore, P.C. 45 Route 25A East Setauket, NY 11733 Re: Appl. No. 4068 - Variances (Sievernich) Dear Mr. Salvatore: Please find enclosed a copy of the Beard's determination rendered at our April 30, 1998 Meeting. We have today furnished the Building Inspector's Office with a copy of the enclosed decision as an update to the October 2, 1991 Notice of Disappreval. The planning Board Office has also received a copy regarding the pending application for a subdivision, and you may wish to contact their office directly at 765-1938 for the next step in the subdivision process. Very truly yours, l.inda KowaiskJ Enclosure (1) Building Department, Attn: E. Forrester planning Board, Attn: V. Seapaz Original Filed with Town Clerk's Office Abigail WickhAm, Esq. (for C. Sidorowiez) FoLLOW-UP and UP~ATFZ FoR, y~OUR RECORD: ] of pages Attached: ~.~-) Board. Trans ANTHONY SALVATORE ATTORNEY AT LAW HILLSIDE PROFESSIONAL CENTER 45 ROUTE 25A - SUITE 2 EAST SETAUKET, N.Y. 11733-2875 (516) 941-4411 FAX ( 516) 941-4788 April 8, 1998 Zoning Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971 Att: Linda Kowalski Re: Appl #4068 - Minor subdivision Eleanor Sievernich Dear Ms. Kowalski: Pursuant to the Board's request, I had the area of the Sidorowicz encroachment computed by Young & Young. They state on the survey as follows: Area of asphalt driveway, stone driveway, aluminum shed and concrete foundation encroaching Lot 1 = 2,180 sq. ft. The area is slightly larger than that the 2,089 sq. feet as set forth by Wickham, Wickham & Bressler, P.C. by letter of January 13, 1998. The survey itself will follow under separate cover. The statement from Bruce Anderson has not been received, and I believe that it is in Ms. Sievernich's best interest to close this matter now, without Mr. Anderson's written statement. Should you require anything further, please advise. AS/msh Via Facsimile and regular mail CC: Wickham, Wickham & Bressler, Eleanor Sievernich Very truly yours, APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 March 9, 1998 Anthony Salvatore, Esq. Hillside Professional Center 45 Route 25A, Suite 2 East Setauket, NY 11933-2875 Re: Eleanor Sieveeieh Variance(s) Dear Mr. Salvatore: Please find enclosed a poster which should be placed for seven (7) days prior to the March 23, 1998 public hearing for Mrs. Sie-~ ernich's application. The hearing is expected to commence at 6:55 p.m. Very truly yours, Enclosure Linda Kowalski NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held. by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. OWNER(S) OF RECORD: ,J,,EANO iEV'E Nic, I-t DATE OF PUBLIC HEARING: If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the day of the hearing durincj normal business days between the hours of 8 a.m. and 4 p.m. BOARD OF APPEALS · TOWN OF SOUTHOLD ° (516) 765-1809 NOTICE OF HEARING SOUTHOLD TOWN BOARD OF APPEALS MONDAY, MARCH 23, 1998 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following application will be held for public hearing by the SOUTHOLD TOWN BOARD OF APPEALS~ at the Southold Town Hall, York 11971, on MONDAY~ MARCH 23, as soon thereafter as possible): 6:55 p.m. Appl. No. 4068 53095 Main Road, Southold, New 1998 at the time noted below (or ELEANOR SIEVERNICH. This is a carryover hearing regarding a request for variance(s) in this pending division project (proposed two lots), Article XXIII, Section 100-239 and Article III, Section 100-32, as to total lot size in this R-80 Zone District. Location of Property: 3200 Cox Neck Road, Mattituek; 1000-113-8-5 containing 163,997 sq. ft. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above application or desiring to submit written statements before the end of each hearing. The hearing will not start earlier than designated. The file is available for review during regular Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call 765-1809. Dated: March 6, 1998. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman by Linda Kowaiski SOIYrltOLD TO~N BOARD OF~APPEALS : NOTICEr :I$, 4 HEREBY }IVEN~ pursuant to Secfian 267 ,fthe,ToWn Law an~the Code ,iL the Town Of Southold,-, th~ bllOwing appllc~tlons will be eld for public' hearing by the ;OUTHOLD TOWN BOARD )F APPEALS, at the '$outhold ;o~thold, Nevi yod~ 11971, on vlONDAY, MARCH, 23, 1998 tt the thnes noted below (or as ~oon thereafter as PoSSible): :he Bui!ding [~>~t0f~ J'anugry ~iti0n with ~ti6~gin ~o~ ~rdsl L0egijsn' ~f Proper~y: $400 :Indian, Neck peeonic; County l~arcel lO00-8& CAROL ~ ,a/i/4 ~ :~NTHON¥ DONAED TuTHI~.. ~licatibn: barn,, ahd Feb.;!.3 1998 Notice of:Disapproval which. reads "...horses shall not be housed within fort~j (40) feet of. any lot line~Arti¢le IIIi Seetiont/ 100-~ 1C(8);-and N0fi~e of Dis- approval daled FebrUary 18, 1998 Artii!e I, II~i~tibn :!,90': section ~iJ~3.1A.~2(b).. (Alao ref, :Section~ 00d0 IA* 1 and:, 100-101¢.) APPI~fi; are pro, posing .egrral loeation~ including existing b,~n~ ~or ~p to two hors¢~'as,~/n~ a~rY to th¢)r residenc6b~i Boissean Av~ii~e,~'~Outhold, Estate; 1000,99-1-23. EL~A'NOR~E~'ERNICH. ~n~ a ~t for v~ in ~ ~g div~ion (pro~sed ~o Io~), ~m, ~on 100'239~dAr' to~ lot ske ~ ~ R-80'~ne/ Dis~ct; L~a~0n or ~: 32~ Cox N~k R~ 1000:113-8-5 conminin~ 163, 997 sq. ~.' ~AB STOTSKY..~s is a ~u~t f~r a V~ u~on: me ~uilain~ in~ctor'8 Feb~ 9, 1998 app~w~, ~cle ~I, S~fion I~3'I-A~ A~lio~t lng a fence at a ~i~t ~ ex.ss offour f~ along ~e ~nt ~ (~t~f:w0y/pw~ ~e) at 335 ~Qs~rey Nest ROad, ~FF~Y:WO~TH~GTONa This' is a ~queSt fol ba~e8' upbn' ~ t~e~'~h'irdin~ inspedor's ~U~"20':~1~98 Notice of D/gaP~val:io 'cbn. S~6t ~accesso~ bdl~ng (~- mge)'on ~e "~ built" fo~ tibn, Which is l~ated ~ y~d ~g ARicle IIIvA, Section 100.33. L~gion of Prope~ 1025 Long Cree~:~Drive. Sou~old; 1~0-55-3-28; also known ~S Lot~:12:' '"'~:t~ (C.R, ~), ~n~; 1:8 ':~hiek~ ~equiros, ~vnl 'i)'Sp~fal EXc~p~5 cati°n sa~ for a~fmily.'us~&cup~; NY; parcel t00¢-$$-$;12.1. A .~ . . - Ortlon O1' the' cor~t/~encnrg .- ....... would ex~'n~'on~ a pomon ox, ~ 4~6~ pWvi~ ~der S~on ~ ~ s~m · ~ UelO~fl S~fi~ l~231-:lkb Ame[e ,XXPf~ ~6~mn 100- ~.4.~ .,~,; upon.~e: ~ii~n8 i~eaor s ~ '. .... : ~- - - ~ - . · have a'm~mum of ~.~t of tion in ~e pmP~d ~id~se~ ' ~0nmge on'one s~:~he at a Come~'~0d~n:'o[prOp0sed ~s~ b~il~ng is ~mxima~ly accessory buildi~i~ge). Lot. 40 Zone D/s~'k;t...Lo~ation of Property: 555'Sound Beach Drive~ l~Iattituck; also _known as 115~ feefT/icing Rt. 25, Art!cie' XIIL seqtion 100~133Ci'2~' When fen~es: aro:q~t~d shalJ not exceed:~ heighg p~a~t ~ 1 ~-2 COUNTY OFOFFC)LK STATE OF NEW YORK ss: Patricia C. Lollot, being duly sworn, says that she is the Production Coordinator, of the TRAV- ELER WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the no- tice of which the annexed is a printed copy, has been published in said Traveler Watchman once each week for / · .. ................................... weeks successively, commencing on the ......~.....~......~'.. - Sworn to before me this ...... ..J..~. ............ May of ...................... ~..a..~..c.~ .............................. ,~ 6.~..g. Notary Public ' BARBARA & SCHNEIDER NOTARY PUBUC, Stat~ of New York No. ~0~ Qualified in Su~olkCoun~ / ANTHONY SALVATORE ATTORNEY AT LAW HILLSIDE PROFESSIONAL CENTER 45 ROUTE 25A - SUITE 2 EAST SETAUKET, N.Y. 11733-2875 (516) 941 4411 FAX(516) 941-4788 JAN 2. O January 16, 1998 Board of Appeals Southold Town Hall Southold, NY 11971 Re: Sievernich App. #4068 Minor Subdivision Ladies and Gentlemen: I received a copy of the January 13th letter from Wickham's office addressed to the Zoning Board of Appeals. Mr. and Mrs. Sidorowicz are claiming adverse possession of a portion of property belonging to Ms. Sievernich. That issue is before the court and has not been resolved. The purported survey by Peconic is, therefore, use].ess, as the court will determine the correctness of the Sidorow±cz claim. Until the court speaks, the lines are as Young & Young have delineated them. Sidorowicz's claim is mere speculation at this point. However, let us assume for the sake of argument that the area claimed by Sidorowicz and the Frumkin area should be deducted from the Sievernich property. Plot one (1) would still have 75,320 square feet of upland area, and 78,234 overall. Plot two (2) would have 71,102 square feet of upland area and 80,404 square feet overall. Each of these plots thus have far more area than the Frumkin or the Sidorowicz property. Granting Ms. Sievernich variances to those sizes would not be an egregious act by the ZBA, and would be in conformity with the surrounding area. You will recall that this application predates the upzoning to 80,000 square feet. Attorney Abigail Wickham's letter to the ZBA should, therefore, be disregarded for the reasons set forth above. N.B. We do not concede that one square inch of Ms. Sievernich's property belongs to anyone but her. AS/msh cc: Abigail Wickham, Esq. Eleanor Sievernich WiLLiAM WlCKHAM ERIC d. BRESSLER ABIGAIL A WlCKHAM LYNNE M. GORDON ,JANET GEASA HUBERT F SULLIVAN LAW OFFICES WlCKHAM, WlCKHAM & BRESSLER, P.C. 10315 MAIN ROAD, P.O. BOX 1424 N1ATTITUCK, LONG ISLAND NEW YORK 11952 516-298-8353 TELEFAX NO. 516 298 8565 January 13, 1998 MELVILLE OFFtCE 275 BROAD HOLLOW ROAD SUITE MELVILLE, NEW YORK 11747 516-249-9480 TELEFAX NO. 516 249-9484 Town of Southold Board of Appeals Southold Town Hall 53095 Main Road, Post Office Box 1179 Southold, New York 11971 Re: Appl. No. 4068 - Minor Subdivision for Eleanor Sievernich Ladies and Gentlemen: We have been advised by Peconic Surveyors that the area of the Sidorowicz encroachment is approximately 2,089 square feet. Mr. Salvatore's comment that it is the neighbor's burden to prove their overlap is inappropriate. Mrs. Sievernich is the applicant for a variance. If she cannot prove the area of her property for which she is seeking a variance, she has not sustained her burden of proof and her application should be denied. AA~:;jm cc Anthony Salvatore, Esq. 45 Route 25A, Suite 2 East Setauket, New York 11733 Very truly yours, 3(bigail A. Wickham · 30/shdtnboa APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James DinJzio, Jr. Lydia A. Tortora Lora Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765 - 1823 Telephone (516) 765-1809 January 9, 1998 Abigail A. Wickham, Esq. Wickham, Wickham & Bressler, P.O. Box 1424 Mattituck, N. Y. 11952 Esqs. Re: Sievernich Dear Mrs. Wickham: Please find enclosed copy of the applicant's response to the Board's request some months ago, The hearing is expected to be recalendered for February, We will notify you of the date. Very truly yours, GERARD P. GOEHRINGER, CHAIRMAN GPG/LF:ENCL: FOLLOW-UP and UPDATE FOR YOUR RECORD: ~I~O: All ZBA Members FROM: ZBA Chairman via ZBA Office DATE: (~. ~ , 199~ Attached is an (original) ~ of ~t~c~ /~/9 (new information added to the original ~Town ZBA file) ! . re: Pending Application of (~-~o-~ ~ Other Comments: ( ) # of Pages Attached: I..~ ) Board. Trans ANTHONY SALVATORE ATTORNEY AT LAW HILLSIDE PROFESSIONAL CENTER 45 ROUTE 26A - SUITE 2 EAST SETAUKET, N.Y. 11733-2875 (516) 941-4411 FAX (516) 941 4788 January 8, 1998 Zoning Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971 Att: Linda Kowalski, Clerk Re: Appl. No. 4068 - Minor subdivision for Eleanor Sievernich Dear Ms. Kowalski: Enclosed is survey of Young & Young which locates the new wetlands line. Please note that the wetland area has decreased since last surveyed on February 4, 1992. You have that survey with the application. Also, the overlap area by the Frumkin property equals an area of 3,269 square feet. Should the Frumkins believe that their deed is more accurate, let them bring an action to prove it. Please advise when we can expect the matter to be scheduled again. Thank you for your consideration. AS/msh Enc. CC: Eleanor Sievernich ~OM ~ ~-L I F'RUMK I N, MD PC ,Jc:'-~-~ .i,U Il:b!./ ~By F~: ($1~) 765-1823 Zoning Board of Appeals $ouflth01cl Town Hill P.O, Box 1179 Soutl'~old, NY 11971 PHONE NO. : 7188,31~372 BLI FRUMKJN 4 WILBUR DRIVE GRI~AT NI~CK, NEW YO~, 11201 ~ ~ep. 11 1997 12:37PH P1 2!2 +08 ?, O1 Septemberl I, 1997 Arm: Roard Members C/O Liada l~walski Re: Applicadon of Sievo'aich Dear Board Meani~cs: We ere the ne/g~bors of Ms. Sievemich on Cox's N~ck We object ~o il~ a~pii~alion only to tl~ ~ra~nt rha~ ~ Bo',trd may mistakenly believe th~ pnn 0£ o~. propetl~ is owned by the applicam. As evid~ced by lhe survey submitted with the application, there are cor~ictin~ boundav~ lines in ~e deedr o£record between O~r property a,'~:l tha~ of the Applicant, h ~pe~rs to us that the Appllc~lt's sarvey is in error ~ there is a ~ di~cr~ar~y on the bolmda~ line ~-ith $idorowicz. We te.~pectthlly rexlue~t that tim Bo~rc[, ifil is inclined to grar~ thc application, ~tate in its Resolutibn t)m~ e~h~ thc disputed area is not included in its de~errnin~ion o, that the Board's de~ermin~io~ is noi ~l~ompting to frx propgny bouadaries. Bli Frumkin ................................................................................ TRAMSMISSIOM RESULT REPORT .................... (SEP ii '97 l~:46PM),, · · · TONM tiqLL 516 ?65 1823 .................................................................................................................................................................................. (RUTO) ..................... DATE START REMOTE TERMIMAL TIME RE- MODE TOTAL PERSOMAL LABEL FILE TIME IDEMTIFICATIOM SULTS PA~ES HO. SEP 11 12:45PM 516 941 4?88 00'35" OK ES 01 815 E)ECM >)REDUCTIOM S)STAMDARD M)MEMORY C)COMFIDEMTIAL ~)BATCH D)DETAIL $)TRAMSFER F)FIME P)POLLIMG FROM : ELI FRUMKIN,MD PC PHONE NO. : 71883035~2 See. 11 1997 12:37PM P2 ITEM: FAX COVER SHEET OUR FAX NUMBER: (718' 83(1-3722 PLEASE DELIVER THE FOLLOWING PAGES TO: LOCATION S~P II 1~)97 ~ TOTAL' NUMBER OF PAGES: ~ INCLUDING COVER PAGE YOUR FAX NUMBER / MESSAGE: TIME: ~TToR. I{II!ys AT 305 I~R, OA/~/Ay' ~UITI: '~00 NE~ YOR. K, N,Y. IO007-H09 B~,ADLE¥ 5. Boardof Appeals South Hold Tov~ ~ P.O. l~ox 1179 ~ou~ Hold, 1N'Y 11971 Alta.:/-,Jnda KawaJsld In Re: Application o£$ievernich To Whom It May Concern: I am of counsel to ]~fichael A. Lulkia, F~;, the Attorney of Record for Mr. Frumkin. who are potent, iai opposors ~o lhe above-re~rmced application, ami Mss. · _O,ur. telq~ae ~o"versations, wherein vo" aoJournmcnt oftoni..~.,_ ~ . x ,, ,~m~ aev~sed me ,~o, ,~- ,-- · . letter will confirm · "~" · "~mS .mil S~.~m~r ] - , for all p ApplJcam had coz,.se~tcd to such request, and th~ :a r~olution o£ the Board was to be iMU~I urposes; raat the attora~ for t~ approv~ said available. Kindly forward remai~ Once again thanki~ you for your auuta~c~ ~1 i~ anticip~on of'yo,r prompt ?poa~, I BSG:ml , Veo, tn~y yo Page 7 - ranscript of Hearings August 14, 1997 - Board of Appeals PUBLIC HEARINGS, continued: 7:10 P.M. - Appeal No. 4068 - ELEANOR SIEVERNICH CHAIRMAN GOEHRINGER: Upland area is less than 80,000 sq. ft. per lot; Article XXIII, Section 100-239; Article III, Section 100-32 in this proposed two-lot subdivision at 3200 Cox Neck Road, Mattituck; 1000-113-8-5. Total acreage: 3.5+- acres. Zone District: R-80 Residential. The map I have before me is a survey from Howard Young. Most recent date it was established or created on November 15, 1988, and most recent one I have is February 4, 1992, indicating the proposed vacant parcel as lot #1, shown on the map and the house parcel as lot #2. The lot #1 being 166.63 feet of road frontage and lot #2 which is the house parcel at 73.37 feet of road frontage and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is there somebody like to be heard? Mr. Salvatore, how are you tonight, Sir? MR. SALVATORE: We're going to address the letter from Dr. Frumkin. I don't believe that the letter states a valid reason to adjourn. If that ~ole he complains about is on his property and belongs to Mrs. Sieve~nich,if it's on Mrs. Sievernich's property it belongs to him, that could be determined at a later date and is of no great consequence that LILCO will move the pole. Therefore, I suggest that we go ahead with this hearing if the Chairman will agree. CHAIRMAN GOEHRINGER: Well, we can continue with the hearing anyway and we'll see what we're going to do at the end of the process. MR. SALVATORE: This is an application for a two-lot minor subdivision. The zoning requires 80,000 sq. ft. to positute a buildable lot. However, with the exclusion of the wetlands the'lots are undersized. Lot #1, is shy 874 sq. ft. and lot #2, is shy 9,105 sq. ft. I may point out Mr. Chairman that at the time that this application was made, the wetlands ordinance had not yet been adopted by the Town of Southold and I was informed when I raised that issue previously that this land had not been grant farming, but, the exclusion of the wetlands gives us a serious problem and that's why we're here. Both lots exceed 80,000 sq. ft. including the wetlands. This change will not produce an undesirable change in the character of the neighborhood or determent to any neighboring properties. I'm going by the area variance sheet that I picked up in the hall. There's no way that the division can be achieved in any other way except to divide it. I'm not sure that's such a substantial variance because the wetlands are there. She's paying taxes on them. The fact that the town says, well you can't count that as a building lot, that's your provocative, but the wetlands are there and it constitutes part of her property. The variance will not have an adverse affect on the environmental conditions or the district and the difficulty was not self-created. This property has been in the family since 1949. At the time that they purchased it, three parcels could have been divided up from that piece. Now, it can only be divided into two and its certainly is not a detriment to the area. Most of the surrounding parcels are much smaller and in essence we're · Page 8 - Transcript of Hearings August 14, 1997 - Board of Appeals asking for a minimum of variance so that we can have two parcels out of this huge 3.7 acres. We complied with the Suffolk County Health Department Regulations. The Suffolk County Health Department has approved the construction of two residential houses on the parcels. We've recorded the necessary restrictive covenants for the proposed subdivision and if you're interested they've been recorded in the Suffolk County Clerk's Office at Liber 11108, Page 416. I believe, that the Board should grant this application in view of the reasons that I previously stated. CHAIRMAN GOEHRINGER: Can I just ask two quick questions. Is there, Mr. Salvatore, is there a boundary line disagreement on the Frumkin side? Is there a driveway or anything? MR. SALVATORE: No, there is not. But, if you will look at the map, the map that Mr. Young drew, shows our lines and I think that we should use that until either we get a boundary line agreement or a court of law rules otherwise. But, I don't think we can at this point decide whose line is correct. Unfortunately, Mr. Young's grandfather, who surveyed the original piece, many, many years ago - CHAIRMAN GOEHRINGER: Daniel Young. MR. SALVATORE: Daniel Young, I didn't know him. Unfortunately, there was a mistake here by the surveyor and as these pieces became into use and were they found that they had up to grandfather's problem had to be resolved. What they did, is that they resolved it in the best way they could that created those voids. Certainly, it wasn't done by Ms. Sievernich. CHAIRMAN GOEHRINGER. of the attorney? Thank you. Does anybody have any questions MEMBER OSTERMANN: No. CHAIRMAN GOEHRINGER: Alright, we'll hold off any questions of the attorney at this particular time and we'll go into if there is anybody else in the audience would like to speak in favor of this application? Is there anybody would like to speak against the application? Ms. Wickham, how are you tonight? MS. WICKHAM: I'm fine thank you, good evening. My name is Abigail Wickham and I'm here on behalf of the neighbors to the north, Sidorowicz and I'd like to address the Board first of all by asking I assume that all of the comments that were made at the previous hearings in this matter are still incorporated into the record and it would be BOARD SECRETARY KOWALSKI: There are no comments, just resolutions postponing it. MS. WICKHAM: OK. I want to start by saying that I think that I find it very surprising that someone that built such a hugh and sprawling and I must say an attractive house, on a piece of property who then Page 9 - Transc of Hearings August 14, 1997 - Board of Appeals wants to carve it into a little piece with a 20 foot sideyard, I just think is unbelievable. I really think that's chopping up the property and taking what is otherwise a very nice estate piece of property and making it look like a jigsaw puzzle. We have not only a question of area here, an area variance, but you have skewed property lines because the way the house was built and the envelope is created, you just don't have a rational division of the property. You have almost a lot on one side and the other thing that I think is important, is not only is there a wetland issue in terms of the area, but if you look at the contour there is a very steep bank there and so the actual usable area of the property is much less than perhaps the 80,000 sq. ft. would indicate and I think that's important for the Board to consider and I must disagree. I do feel that there is quite an element here of self imposed hardship. The applicant knew when she built the house that there were wetlands there. She knew what the size of the lots were and she knew what the zoning code was in terms of the R-80 designation and yet, she built a very large house right in an area where it was going to create a problem in terms of beach provision. So, I do think that that's something that the Board should consider. I don't think an applicant can come to the Board and get around the issue of an area variance by saying that it was OK when they acquired it in the nineteen forties. It was OK way back when. We all have that problem. The fact is that the town did address zoning and area variances as they went along and that was the time to address it and not to come in now, 50 years later and say, well, we could of done something way back when in a different fashion. The fact is, that the wetlands are important and that they do need to be considered in terms of a variance application. I also like to address the fact that I understand that the neighbors did request an adjournment and I think they're letter indicated to me as I read it in the file, that there was a question of the area based on the two di lines and there might be a question of a boundary line which is not addressed in the size of the lot 2, that the applicant is proposing. There also, I must advise the Board, has not been any resolution of the litigation with my clients with respect to the easement or usage of the property on the north side and that further impacts and limits the area which the applicant has available for the area lot. I think that based on the fact that the neighbor did have a question that appeared to be one of area and dimensions more than just the location of the pole. The fact that its been pending since 1990, I don't think that another two or three weeks should really make a serious difference to the applicant and I would ask if they would consider that request. CHAIRMAN GOEHRINGER: Can I just ask you a question? MS. WICKHAM: Yes. CHAIRMAN GOEHRINGER: When you refer to a 20 foot sideyard, you're referring to the building envelope in lot #17 You were talking 20 foot setback or 20 foot sideyard. MS. WICKHAM: 20 foot sideyard. Actually lot #, well where the house, from the house, the house is on lot #2, I think. Page 10 - Transcript of Hearings August 14, 1997 - Board of Appeals CHAIRMAN GOEHRINGER: OK, but the house on lot #2, is its closest point to the Frumkins is 37 plus feet and its farthest is like 83 feet MS. WICKHAM: I'm not addressing the Frumkin's property. CHAIRMAN GOEHRINGER: No, no, I'm not saying that. I'm saying that the house itself seems to be moderately placed on this particular proposed lot. I mean I realize its skewed toward the rear, I realize its skewed toward the waterfront, I realize but I mean at its closest point it's 37 feet. MS. WICKHAM: I was looking at the north side. This is where it's going to be with respect to lot 1. I don't have a MEMBER TORTORA: Lot 1, is 25 and 20. MS. WICKHAM: I think the point is that this is really the way they built the house and the way the lot is situated, this is really an estate property and they're not going to be losing the value by not creating a one, given that the size and the dimension of the character of that house that's my point. CHAIRMAN GOEHRINGER: The only other question I have, is that, representing your client, you are opposed to any subdivision of this particular piece of property. There isn't any type of affirmation that you could deal with, with this applicant in reference to a change of lot lines that would be more palatable to your client? MS. WICKHAM: Well frankly, I haven't discussed that with him but I think we feel the area is a concern that, you know, no matter how you run the lines its not goner to affect them or anything. CHAIRMAN GOEHRINGER: But, I mean if there was a change in someway that you felt that you know, a line could be changed here or there to make things more palatable. MS. WICKHAM: We have not addressed that. I CHAIRMAN GOEHRINGER: Thank you. Mr. rebuttal? can't think of anything. Salvatore, anything in MR. SALVATORE: Yes, I'd just like to comment very briefly. I won't take too much time. The fact that we have not resolved the boundary line with Mrs. Sidorowicz, we have tried and we've looked at every angle. It is possible that the court may decide that he does not have a right to use that property, or that he may have a right and they may either say, its his property or say he has an easement. If he has an easement, then it's still our property and I don't think that that should be a reason to deny the application because that parcel is pretty well set and its been use and it has not, the use has not been detrimental for all of these years and to deny the application would create a severe hardship for the applicant. Whether the Board will entertain Dr. Frumkin's application, it's goner be a delay of four to six weeks just to get the survey and then we're Page 1! - Transcript of Hearings August 14, 1997 - Board of Appeals goner be relegated to compare its surveys and surveyors ability to mark the lines. His complaint seems to be from his letter, that he believes a light bulb is the problem. He doesn't seem to, he's not here, so I don't know what his complaint would be if he were here, but, I don't think that that is a substantial reason to put this over for another four to six weeks for him to get it surveyed. CHAIRMAN GOEHRINGER: I haven't seen Dr. Frumkin in several years, but he is a medical doctor and I would assume that he's probably consulting an attorney. It is our normal procedure that we request one postponement. I have not, I have no intention of doing anything with the Board other than asking them. I'm not going to make a motion unless they want me to and it's up to them and we'll see what develops that way, but that's what our normal situation is. I probably haven't spoken to Dr. Frumkin in 8 years, but I'm just telling you. Hearing no further comment from anyone I'll now ask the Board if they would like to grant Dr. and Mrs. Frumkin's request for a postponement. I'll make a motion reconvening the hearing on September 11, 1997. BOARD MEMBERS: Ayes (4). BOARD SECRETARY KOWALSKI: Member Dinizio? MEMBER DINIZIO: No. BOARD SECRETARY KOWALSKI: Do you want to give a reason, for the record? MEMBER DINIZIO: I just don't want a postponement. BOARD SECRETARY: Thank you. · Page 12 - Transcr~t of Hearings August 14, 1997 - Board of Appeals CHAIRMAN'S DISCUSSION, regarding questions raised by persons in the audience. Planning Board hearing was held recently, and persons attending hearing were referred (in error) by PB to ZBA for tonight's agenda. Several attending believed the ZBA had an application after their discussions at the Planning Board meeting. This is Nora public hearing (no application filed as of this date SUBJECT DISCUSSED: proposed change of zone concerning property of Mullen Motors that is before the Town Board. CHAIRMAN GOEHRINGER: This is not a hearing. We have no application before us at this time. MR. (audience rep. : Who normally submits that application? CHAIRMAN: It would be submitted by Mr. Mullen's attorney, Jenny Gould. SECRETARY: They start with the Building Department. CHAIRMAN: They start with the Building Department, and as of right now we have not received an application. (Brief discussion to explain procedures.) FROM : ELI FRUMKIN,MD PC -- By Fax: (516) 76~-1923 PHONE NO. : 7188~3-/2 Se;:. 11 1997 12:J?PM P1 ELI FRI.flVlKIN MmlAM FRLrMKIN 4 WILBUR DRFCE GREAT NECIC NEW YORK, 11201 tteptemberl I, 1907 Arm: ll~rd M~s R~': Ap~H~fiOll Of $i~v~'r~ich Dear Bo~zd M~mh~r~: are thc n~ig~oors of.Ms, Si~vemich on Cox's Ni~.,k Road. we object to the .~R~,~do= oniy to t~ =x~=~ d~ d~s ~ r.~y ~s.4~,.Hy believe flat part of'our property is owned by. the a~plicaut. As evidet~.ced by the survey ~ubmitt~ with the application, there are boundaz~ lines in the deed: o£r~cord betweea o~r property and tl~ oftl~ &pplicant, ~pears to u~ that ~e Applic~t's ~a'vey is ia etmt ~ there is ~ ~ di~'el~cy on lhe bo~dmy line ~-/.th $idorowicz. We re~pecfihlly request that tim Board, ilk is inclined to grant thc app!!,-~4_'on, stale in its R~olutibn that either 'd'~ diq:mted ~e~ h not inclu~ i~ its de~err~,~qon o, that ~he Board's determination is not a:temp~g to ix prol~rty boundmies. Mkiam Ymmkin 'i~LEPHONE (516) 941'4.411 Town of Southold Building Department Town Hall Southold, NY 11971 ~.~W OFFICES HILL~IDI; PROFESSIONAL CENTER November 2, 1990 FAX -Att: victor Lessard Building Inspector Re: sidorowicz Appeal %2753 Dear Mr. Lessard: The Z.B.A. granted a side yard variance to construct a garage on the above property on October 24, 1980. My client, Eleanor Sievernich, is the owner of the property adjacent on the east. She has reason to believe that the garage, as built, does not comply with the variance, but was built over the line and not three feet inside of their line as required. I enclose a copy of recent survey by Young & Young which clearly shows the violation. Mr. Sidorowicz should be comply with the variance as Verl~ truly yours --'ANTHONY SAL%~ATORE required to remove the garage granted. AS/msh Enclosure - 1 CC: Eleanor Sievernich Southold Zoning Board of Appeals Daniel C. Ross, Esq. of Wickham, Wickham & Bressler, P.C. AUG-,~t997 '~ "CZ/ /1 ~ ~/ ANTHONY SALVATORE ATTORNEY AT LAW HILLSIDE PROFESSIONAL CENTER 45 ROUTE 25A - SUITE 2 EAST SETAUKET, N.Y. 11733-2875 (516) 941-4411 FAX (516) 941 4788 August 8, Board of Appeals Town of Southold P.O. Box 1179 Southold, N.Y. 11971 Att: Linda Kowalski Dear Ms. received. Re: Appl. #4068 - Variance (Sievernich) Hearing date - August 14, 1997 Kowalski: Enclosed are the following items: o 4. 5. 6. Affidavit of Mailing and Posting by E. Sievernich Receipt for Certified Mail addressed to Frumkin at Flushing, N.Y. Receipt for Certified Mail addressed to Sidorowicz Green signature card signed by Sidorowicz Affidavit of Mailing by M. Hotaling Receipt for Certified Mail addressed to Frumkin at Great Neck, N.Y. The green signature card for Frumkin has not yet been We will forward same upon receipt. Very truly yours, VATORE Encs. BOARD OF App~%LS:TOWN OF $OUTHOLD In the Matter of the Application of AFFIDAVIT ELEANOR SIEVERNICH (Name of AFFIDAVIT OF M~ArLrNG AND POSTING COUNTY OF SUFFOLK) STATE OF NEW YORK) I, E~eanor Sievernicl~ residing at 3200 Cox's Neck Road, Mattituck,..· New York, being duly sworn, depose and say that: 1) On the ~ day of , 199~, I personally ma~led, by certilSed mall~, return receipt ~r~equested7 a tl-ae copF of the a~tached Leg~al Notice, addressed to each of the following nmr. ed persons at the addresses set opposite their respective ~m.~es, the addresses listed below are those showll on the current assess- meier reLl~ of the To~ of Southo[d; that said Notices were mailed at the United States Pos~ Office to e~ch of said persons by cer~ed mail, return receipt requested: Name of Surrouna~n~ Proper~y Owner Charles and Charle Sidorowicz Mm~l~ng Address 3300 Cox's Neck Road Mattituck, NY 11952 Eliezer and Miriam Frun~in 220-14 Union Turnoike Flushin8~ NY 1136~ and, 2) On the ~ day of ~ 1997, I personally posted the property identified as ISis~rict IOD0, Section 113 , Block 8 , Lo~ 5 , by placing the Town's offi~ posZer ten (10) fee~, or closer, from the proper~ ~e facing the s~ree~ (or fac~g the right-of-way), and that I have checked to be sure the poster has rem~ed ~ olace for seven full days p~or ~o ~e date of the public hearing (d~te of ~ar~g noted ~ereon to be held S~orn to be?re me ~s ~ day o~ ~, 1997. M~l~V.~ ~. 4~ Notary Pubic ~~ ~ (Please rmuurn.to :~e office cf uhe Bc~d of Ap~eaim when Th~k you. ) BOARD OF App~%LS:TOWN OF SOUTHOLD In the Matter of the Application of AFFIDAVIT ELEANOR SIEVERNICH (Name of App~-nts) AFFIDAVqT OF MAILING AiN-D POSTING COUNTY OF SUFFOLK) STATE OF NEW YORK) ~ Hotaling I, Marjo~ie S. , resid(n~ at 24 Railroad Street, Bayport, New York, being du/y sworn, depose and say- that: 1) On the 5th day of August , 199~/1, I personally mailed, by certified mail. return receipt requested~ a true copy of the attached Legal No,ice, addressed to each of the following n.rned persons at [he addresses set opposite [heir respective n-rnes, rhmt the addresses listed below are those shovv/l om the current assess- ment rolls of the Tow~ of Southo[d; that said Nodces were mailed at the United States Post Office to each of said persons by certified mail, re~rn receipt requested: Name of Surrounding Property Owner Eliezer A. and Miriam Frumkin M.{ling Addz~ss 4 Wilbur Drive Great Neck~ NY 11021 ~l~day of August , 1997. __.u_. _ c ..... =: :he ~car~ of Ap~eais when Tkank 'you.) BOARD OF ApP~%LS:TOWN OF SOUTHOLD Ia the Matter of the Application of AFFIDAVIT ELEANOR SIEVERNICH (Name of Applicsa~) AFFIDAVIT OF ~LI/~G AND POSTING COUNTY OF SUFFOLK) STATE OF NEW YORK) I, E~eanor Sievernicl~ resid~n~ at 3200 Cox's Neck Road, Mattituck, New York, beiug duly sworn, depose and saF th.t: 1) On the ~ day of , 199~, I perso~al!y mailed, by certified mail. re~urn receipt ~equested~ a true copy of the attached Leg'al Notice, addressed to each of the following n. med persons at the addresses set opposite their respective nnmes, that the addresses [~sted below are those show~a on the current assess- men~ roils of the Tow]/ of Southold; that said Notices were mailed at the United States Pos~ Office to each of said persons by cerli~ied mail, return receipt requested: Name of Surroundin~ ProperS, Ow~ner Address Charles and Charle Sidorowicz 3300 Cox's Neck Road Mattituck, NY 11952 Eliezer and Miriam Frunkin g~Q-14 Union Turnoike Flushins~ NY 1136~ and, On the ~ day of ~ 1997, llPerm°nallY~13 posted 2) the proper~y identified as ~istrict I01)0, Section , Block 8 , Lot 5 , by placing the Town's offi~ poster ~en (10) fee~, or closer, from the proper~ ~e facing the s~ree~ (or fac~g the right-of-way), amd tha~ [ have checked to be sure the poster has rem~ed da~e of the pubic hearing (date of hemr~g noted t~ereon to be held Sworn to before me ,~ day o~ ~$f, 19g? ~l~V.~ ~. 4~71i (P~eaae rauurn.:: :~e office cf :he Bc~d of Appeals w~en ccm~leu~. PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 DEC I 1991 SCOTt L. HARRIS Supervisor PLANNING BOARD OFFICE TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 TO: FROM: RE: DATE: G~rard P. Goehringert Chairman Zoning Board of Appeals Bennett O rlowski, Jr., Chairman Proposed Minor Subdivision Eleanor Sievernich SCTM9 1000-113-8-5 Appl. No. 4068 December 16, 1991 Below please find a list of the Planning Board's comments in reference to the above mentioned application: The final hearing before the Planning Board has been held open since October 2, 1990 due to the fact that the area of each lot, minus the wetland area, is less than that required by the R-80 Zoning District. Thus, a variance(s) from the Zoning Board of Appeals was required before the Planning Board could proceed with the subdivision. The building envelopes shown on the maps submitted for both the subdivision and the variance request are incorrect in that they allow two sideyards of twenty (20) feet each. Under the Bulk Schedule for the R-80 District, one side yard for each lot must be at least twenty-five (25) feet in width. If your Board grants the variances, the Planning Board will require that' the applicant submit a revised final map showing the corrected sideyard setback. The building envelopes shown on each lot describe the buildable area for principal buildings within the required yard setbacks set forth by the Bulk Schedule. They do not in any way permit the applicant to build structures that exceed the setbacks or lot coverage allowed by the Zoning Code. A building envelope is not to be equated with potential lot coverage of the site. The Planning Board uses these "general" building envelopes so as to avoid forcing the applicant to Page 2 Sivernich December 13, 1991 ?? locate the actual structures at the time of the subdivision approval, ~. e~suring that each lot is buildable without the need for variances... In order to prevent any confusion on the part of the applicant/subdivider, if your Board grants the variances, the Planning Board will require the subdivider to covenant that all buildings and structures will be in accordance with the lot coverage limitations of the Bulk Schedule of the Zoning Code. NO'I'ICI~ OF IIEAItlNGS SOIJTIIOI,I) TOWN BOAItl) OF APPI~AI,S TIIUItSi)AY, AUGtJST 14, 1997 NOTICE IS IIEREBY GIVEN, pursuant to Section 267 of the Town l.aw and tile Code of tile Town of Soathold, the following applications will be bald for public hearings by tile SOUTIIOLD '['OWN BOARD OF APPEALS~ at the Southold Town llall, 53095 Main Road, Southold, New York 11971, on TilIIRSDAY~ AIJG[IST 14, 1997 at tile time noted below (or as soon thereafter as possible): 6:45 p.m. Appl. No. 4497 - NOREI,~N TOSCANO. Yequest for a Variance, bnsc(l upon tile Building 1997 Action of Disapprowd which stales that under Article XXIV, Section 100-244B , lot ill an tile deck Property: 6:50 p.m, request ['or Disal)proval This application is a Inspector's June 20, 5225 Peconic Bay Boulevard, Laurel, NY; 1000-128-1-12. Appl. No. 4356 - MARTIN KOSMYNKA. This application is a a Variance, tlased upon the Building Inspector's Action of which states that undec Article III.A, Section 100-30A.4 Artiele IliA, Section 100-30A.3 , tile rear yard setback on a It-dO Zono with luss than 20,000 sq. ft. shall be 35 feet anal construct/on exceeds allowable lot coverage. Location of Page 2 of ~ -' Legal Notice August 14, 1997 Regular Meeting Southold Town Board of Appeals (ref: Article XX1V, Section 100-244B), proposed accessory garage will have insufficient front yard setback. Code requirements: 35 ft. minimum front setback and three foot setback from side property lines for lots having less than Property: 1985 Pine #1000-98-1-11.2. 7:10 p.m. Appl. No. 4068 less titan 80,000 sq. ft. per Article III, Section 100-32 in 20,000 sq. ft. in area. Location of Tree Road, Cutchogue, NY; Parcel I,iIJIr. ANOI{ SIEVERNICII. Upland area is lot; Article XXIII, Section 100-239; this proposed two-lot subdivision at 3200 Cox Neck Road, Mattituck; 1000-113-8-5. Total acreage: 3.5+- acres. Zone District: R-80 Residential. 7:25 p.m. by Rio'be rd Mattltuck, requesting: Applications 4485-V and 4486-SE: BI,iLL-ATLANTIC/NYNEX Weybrcter. Location of Property: 425 Westphalia Avenue, NY; County Parcel No. 1000-141-3-34. Applicant is (a) Special Exception under Article XIV, Section 100-141 (100-31B-6) for placement of a new tower and building for public utility cellular transmission service, and (b) Variances based upon the Building Inspector's April 29, 1997 Action of Disapproval, which states that "...this lot is in an LI Zone District and bas a lot area of approximately 13,400 sq. ft. Prescnlly there is an existing principal use of existing building. The propescd construction aud additlenal use would require a total lot area o[' 80,000 sq. ft. in an LI Zone. The proposed construction is required to be set beck a minimum of 70 feet from the rear yard and 20 feet from all other lot lines. Zoning Page 3 of ~ - Legal~otice August 14, 1997 Regular Meeting Southold Town Board of Appeals Ordinance, Article XIV, Section 100-142 Bulk Area and Parking Regulations. Owner: Adrienne M. Rehm. The Board of Appeals will at said time and place hear any and ali persons or representatives desiring to be heard in the above applications. The above hearings will not start before the time designated. Each file is available for review during regular business hours, and written comments may be submitted before that hearing is concluded. If you have questions, please do not hesitate to call 765-1809. Dated: July 23, 1997. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman By Linda Kowalski APPEALS BOARD MEMBERe Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Lydia A. Tortora Maureet~ C. Osteemum~ BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 July 23, 1997 Mr. Eli Frumkin 4 Wilbur Drive Great Neck, NY 11021 Re: Appl. No 4068 - Eleanor Sievernich Variance Request Dear Mr. Frumkin: You will recall that the above-noted application had a public hearing during 1991 and 1992, and at that time the hearings were postponed. The Board has received a request by the applicant's attorney to reactivate and process the final portions of the application, and the hearing will be on Thursday, August 14, 1997. A copy of the agenda with the time is enclosed for your convenience and update since the last hearing. Please feel free to stop by to review the file during regular business hours, Monday through Friday, 8 - 4 p.m. or if you have questions by calling us at 765-1809. Very truly yours, Enclosure Linda Kowalski APPEALS BOARD MEMBERS Gerard E Goehringer, Chairman Serge Doyen James Dinizio, Jr. Lydia A. Tortora Maupeon C. Ost~3Pnl~lllll BOARD OF APPEALS TOWN OF SOUTHOLD July 23, 1997 Southold Town Hall 53095 Main Road EO. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Mr. Charles Sidorwicz 3300 Cox Neck Road Mattituck, NY 11952 Re: Appl. No 4068 Eleanor Sievernich Variance Request Dear Mr. $idorwicz: You will recall that the above-noted application had a public hearing during 1991 and 1992, and at that time the hearings were postponed. The Board has received a request by the applicant's attorney to reactivate and process the final portions of the application, and the hearing will be on Thursday, August 14, 1997. A copy of the agenda with the time is enclosed for your convenience and update since the last hearing. Please feel free to stop by to review the file during regular business hours, Monday through Friday, 8 - 4 p.m. or if you have questions by calling us at 765-1809. Very truly yours, Enclosure Linda Kowalski ANTHONY SALVATORE ATTORNEY AT LAW HILLSIDE PROFESSIONAL CENTER 45 ROUTE 25A - SUITE 2 EAST SETAUKET, N.Y. 11733-2875 (516) 941-4411 FAX (516) 941 4788 November 28, 1995 Town of Southold Zoning Board of Appeals Main Road Southold, NY 11971 Gentlemen: Re: Sievernich v. Sidorowicz This is to confirm that the Examination Before Trial in the above matter has been adjourned from November 29, 1995 to December 5, 1995 at the same time and place as in the subpoena you received. Should you have any questions, please advise. AS/msh CC: Eric J. Bressler, Esq. Very truly yours, ANTHONY SALVATORE NOTICE IS HEREBY GIVEN, par- - stoat m Secfi~ 267 o~ ~ To~ 13w bk~ 6:~ p~ ~l. ~ 4~.~. Bulling In~'s '~ of ~t ~t ~ ~ ~ ~, ~; ~l ~1~I- 11.~ 6:5~ p.m. ~ a~ ~- A) A~L ~ . ~ ~ ~O~ COR~. ~ ~ a ~ A~21, l~~m ~ ~or 1~~ l~B.~ ~ ~ m~ B) A~L No. 4~ ~ G~. ~ ~ a ~qu~ f~ l~2~B, ~r a ~ ~welling v~h ~ fn~t ~ and yard seltiac~s (r~, July 1~ 1~7 P~L ~ ~n ~ may ~m~7~l~. ~ 19, I~. BY 0~ OF~ ~0~ ~ ~ OF ~ 11~1~ STATE OF NEW YORK) ) SS: ~of Mattituck, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regular- ly pub.lished in said Newspaper once each week for ~ weeks s~qcc, e]si.v~ely, ~,pmmencing on the __d~--~,~_day o f~ 19~, PrincipM Clerk Sworn to(b~ fore me this -~/~'~'~ day of %...~.~/-~.~. 19 ~7 NO. 52~4~ SU~O~ COU~ ~ ~MMI~ION ~PIRES AUGU~ 31, 1977 SOl. HOLD TOWN BOARD OFAPPEAI~ THURSDAY, AUGUST NO31CE IS HEREBy GIVe, pur. s~nt to ~=c~o~ 267 ~tl~ '~ LaW and fl~e C--ode of g~ T~ of So.hold, ~he' fol ..1~./~s .~ppl/c~ will b~ held for pubhc I~gs by tl~ SOUTHOLD ~hold Tovm Hall, $3095 ~hin Read, Southold, New York 11~71, .,~. DAY, AUGUST 14, ~ at m~ tm~ nord I~low (mn soen fl~m. a~ as 6:45 p.m: .~pL No/ 4497 'N. 0 TOSC o. ~°n ~ a reque~ f~ a Vadsnce, bs~d TIN KO~MYNKA. 1Ms alnS3/~,'_,,~ is a mqu~ fro' a Valhac~ hnd upon th: Bufldin8 ~lm~:~'s Acfim~ of ~ []LA, Sacli~a 1~0;30A.4 n~,t~: ~ ~-. minimum ~a~ mh~ and We~. L~cn~on~of ~ 425 Co.my Pa~c~l No. 1~0-141-$-~4.- STATE OF NEW YORK) ) SS: C ,~_ ~/~S~ of Mattituck, in said County, being duly sworn, say~ that he/she is Principal Clerk of THE SUFFOLK T~-S, a Weekly Newspaper, published at Mnttttuck, in the Town of Southold, County of Sul~ulk snd State of New York, nnd that the Notice of which the annexed is & printed copy, has been ly published in said Newspape~ once each week f~r ~ weeks su~cessively, ~lm_menc~ on the Principal Clark Sworn to before me thl. ~7Z ~ July 23, 1997 Anthony Salvatore, Esq. Hillside Professional Center 45 Route 25A East Setauket, NY 11733 Re: Appl. #4068 - Variance (Sievernich) Dear Mr. Salvatore: For your records, please find enclosed a copy of the Legal Notice which will be published in the upcoming issue of the Suffolk Times. Upon receipt of this letter (as soon as may be possible), please send a copy of the legal notice or similar description which confirms the hearing date, time and place and outline of your application by certified mail-return receipt requested, to all surrounding property owners, including property owners across streets or vehicular right-of-way. Also enclosed is a sign to be posted at the subject property within ten (10) feet of the front property line (facing the street entrance) for a period of seven (7) days~ or longer at your choice. Please return the following to us, together with the completed Affidavits of Mailing and Posting: a) postmarked receipts from the post office showing the date you mailed the notices by certified mail; b) green signature cards once they have been received (you may return these later if you do not receive them all by the hearing date). If you have questions, please feel free to call. Very truly yours, Enclosures lnag. 97/lnltr7.24p2 Linda Kowalski ANTHONY SALVATORE ATTORNEY AT LAW HILLSIDE PROFESSIONAL CENTER 45 ROUTE 25A SUITE 2 EAST SETAUKET, N.Y. 11733- (516) 941-441 , FAX (S~) @4~-47~ Zoning Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971 Att: Gerard P. Goehringer, Chairman Re: Application No. 4068 Minor sub-division for Eleanor Sievernich SCTM# 1000-113-8-5 Dear Mr. Goehringer: The above matter was removed from the calendar in the hope that the disputed area could be resolved. Unfortunately, it does not appear that a resolution is likely soon and, as a result, I respectfully request that this matter be put back on the calendar at your earliest convenience. Please advise what is required to do this, and if you have any questions, please contact the undersigned. Very truly yours, AS/msh CC: Eleanor Sievernich FOP~ NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. TEMPORARY CERTIFICATE OF O~uu~ANCY No Z-23585 Date APRIL 4, 1995 THIS CERTIFIES that the building NEW DW~.T.ING Location of Property 3200 COX NECK ROAD MATTITUCK, N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 113 Block 8 Lot 5 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated APRIL 8, 1994 ~ursuant to which Building Permit No. 22001-Z dated APRIL 8, 1994 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE FAMILY DW~?.?.ING * The certificate is issued to ELEANOR SIEVERNICH (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL 88-SO-57-JAN. 10, 1995 UNDERWRITERS CERTIFICATE NO. N-323289 - AUGUST 10, 1994 PLUMBERS CERTIFICATION DATED SEPT. 2, 1994 - HARDY PLUMBING & HEATING *THIS IS A PARTIAL TEMPO~%RY CO. DWELLING NOT COMPLETED ACCORDING TO PLANS SUBMI'r£~u. Rev. 1/81 FO]KM NO. II TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N. Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permission is hereby granted to: ,~'.~...~,-~. ~. ~.. ............. ~...~.;....~..~....../'Z~ ........... .._.. ~--~../~~.......~...x.../.~ ,o..~¥~..!~....~.,.~~ ......... ~.....~...~..~.,.......~....~.-,/~ .......... ............... ~ ........ ~ .............. ~ ....... ../... ........................ ~ ............................................... ~...b~.,~.~~....~.~./.~ .................................................................. at premises located at .......... ~,~ .......... ~ ...... ~. ...... ~,~**~/r~.~ ............. County Tax Mop No. 1000 Section ///'~ Block ~., ,~,,. Lot No...~)~,,,., ........... Building Inspector. ~,e ,..~...~ Rev. 6/30/80 FOR~ NO. B TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, Iq. Y. BUILDING PERMIT CT'HIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) N~ u17'626 Z Permission is hereby granted to: .... .......... et premises located o, ...~.~.~;)T~......~.......~....~.........~../. .......... ~...q~J~ ............. Count,/ Tax Map No. 1000 Section ....... J..J....~. ........ Block ...... ..(~...~. ....... Lot No .......~...~.. .......... pursuant to application dated ...~...~.~.....?..~. .............. , 19...~...~., and approved by the Building Inspector. Rev. 6/30/80 FOUNDATION ( 2nd ) m ROUGH FRAME & FLUMBING FIFLD ~ P~CTION INSULATION FERN. STATE ENERGY ODE FINAL ';'[EALTH OEPARTME NT -DATA FOR APPROVAL TO CONSTRUCT MONUMENT FOUND .~4%vu ~Ir~zE~J AgE N. 57042'00''E' DOW or / /~fea = 3.7648 Ac / 163997 s.f. S. 6 $° 36'00"W. ;2,,~,bA~I~iU~1 l~g[~Ultu~ now or formerly ~EI FFOLK COUNTY DEPARTMENT CF HEALTH SERVICES - OR APPROVAL OF CONSTRUCTION OF /S r~e ~amtiy Residence Only .. EXPIRES TWO YEARS FROM DATE OF APPROVAL ~rTe J. ~,~ or,~.p 546.40 8680 R 6~4. 5.7 0 702.57' ?LEASE NOT Requires septic rank cover to grade. LAW .EW$~ONS YOUNG & YOUNG MAR. 21~1988 400 OSTRANDER AVENUE, RIVERHEAD, NEW YORK JULY 26,1988 ALDEN W. YOUNG HOWARD W. YOUNG SURVEY FOR: ELEANOR SIEVERNICH I\ OV,/ or N.ST04200 [. formerly Charles r 546.40' I S. 63° 36'00"W. now or \ / / formerly Eliezer A. 8, Miriam Bella/Frumkm REVISIONS MAR. 2l, }988 JULY 2:6,1988 AUG. 30,1988 SEPT. 21 ,1988 5,7 IHSP£ 702.57' Pl. EASE 2~,o, cover to YOUNG & Y' 400 OSTRANDER AVENUE, RIVI ALDEN W. YOUNG SURVEY FOR: APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 November 16, 1994 Anthony Salvatore, Esq. Hillside Professional Center 45 Route 25A East Setauket, NY 11733 Re: Variance (Appl. #4068) - Eleanor Sievernich Dear Mr. Salvatore: We are in receipt of your letter indicating a request as to what is requ/red to place the above matter back on the Appeals' hearing calendar. Since the application was filed three yeare ago and the last hearing was held more' thnu two years ago, you will be required to send new notices to the adjacent property owners together with copies of the proposed subdivision map, by Certified Mail, and return the enclosed Notice Form with Affidavit of M~iling and attached postmarked receipts to our office. One of the adjacent property owners is Mr. EH F~ornkin whose address is noted in our filed as "4 Wilbur Drive, Great Neck, NY 11021." Please also be sure to check with our Assessor's Office at 765-1937 to determine the updated list of other adjoining property owners. In addition, our office would be in a position to readvertise the application for a final hearing once you have submitted proof of the new neighbor notices. The hearing is usually within 2 to 4 weeks. If you expect any more than a 30-day delay, please advise our office of the reason and time period expected for further delay in order that the beard and the public may be kept up-to-date when an inquiry is made. Very truly yours, l,inda Kowalski ANTHONY SA LVATO,~ Q ATTORNEY AT LAW HILLSIDE PROFESSIONAL CENTER 45 ROUTE 25A EAST SETAUKET~ N.Y. 11733 (516) 941 4411 FAX (516) 941-4788 November 2, 1994 NOV - ? 1994 Zoning Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971 Att: Linda Kowalski, Clerk Re: Appl. No. 4068 - Minor subdivision for Eleanor Sievernich Dear Ms. Kowalski: The application that was filed has not been abandoned. We have been attempting to resolve the matter of the encroachment, but have been unable to do so up to this time. open. occurs. I request that this matter be continued as pending and I will advise you of any change in status as soon as it Kindly advise what is required to place the matter back on your hearing calendar, how long a period of time it will take, and if readvertising would be required. Thank you for your anticipated cooperation. ANTHONY SALVATORE AS/msh APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 October. 21, 1994 Anthony Salvatore, Esq. Hillside Professional Center 45 Route 25A East Setauket, New York 11733 Re: Appl. No. 4068 - Minor Subdivision for Eleanor Sievernich Dear Mr. Ham: Please advise us to the status of your application, re the above caption. Our last communication from you was April 2, 1993. Very truly yours, LINDA KOWALSKI, Clerk Board of Appeals ATTORNEY AT LAW HILLSIDE PROFESSIONAL CENTER 45 ROUTE 25A EAST SETAUKET, 1'4.Y. 11'/33 (516) 941-4411 FAX (516) 941-4788 April 2, 1993 Richard G. Ward, Chairman Town of Southold Planning Board P.O. Box 1179 Southold, NY 11971 Re: Minor Subdivision for Eleanor Sievernich SCTM~ 1000-113-8-5 Dear Mr. Ward: In response to your letter of March 23rd, we have not proceeded with the application before the Zoning Board of Appeals in this matter for the reason that we have been attempting to resolve the line problem prior to doing so. We are making some progress, however, the progress is slow. I request that this application be held in abeyance for a reasonable time and, if a resolution is not had, we will have to make a decision as to what action to take. Thank you for your consideration. AS/msh CC: Zoning Board of Appeals Eleanor Sievernich Anthony Tohill, Esq. Very truly yours, APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa 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 October 15, 1992 Anthony B. Tohill, Esq. 12 First Street Riverhead, NY 11901 Re: Appl. No. 4068 - Eleanor Sievernich (Variance) Dear Mr. Tohill: During mid-May, our office was informed that you were going to be the attorney representing the applicant, Eleanor Sievernich, at the public hearing, and that a letter would be forthcoming from you that the reason a postponement is being requested is try to resolve a boundary line dispute between the property owners. Please provide us with a letter for our file confirming the attorney for the applicant in this variance application, its present status and, if possible, the length of time you are requesting this matter to be held in abeyance. Thank you. Very truly yours, cc: Planning Board Linda Kowalski A~THO~¥ ~ALVATOH E ATTORNEY AT LAW EAST ~ETA~KET~ N.Y, 11733 May 19, 1992 Town of Southold Zoning Board of Appeals P.O. Box 1179 Southold, NY 11971 Att: Linda Kowalski Re: Eleanor Sievernich Your File No. 4068 Dear Linda: Pursuant to our telephone conversation, this is to inform you that Anthony Tohill will be the attorney representing Eleanor Sievernich in her application before the Zoning Board of Appeals. My last conversation with Mr. Tohill was to the effect that perhaps the application should be put on the suspense calendar as he was trying to resolve the boundary line matter. Therefore, I would suggest that you contact Mr. Tohill and verify the contents of this letter. Very truly yours, AS/msh CC: Anthony B. Tohill, Esq. P.O. Box 1330 _~ Riverhead, NY 11901 PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 13; 1993 SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Anthony Salvatore Hillside Professional Center 45 Route 25A East Setauket, New York 11733 RE: Minor Subdivision for, Eleanor Sievernich SCTM# 1000-113-8-5 Dear Mr. Salvatore: The following took place at a meeting of the Southold Town Planning Board on Monday, April 12, 1993. BE IT RESOLVED to take the final public hearing off the Planning Board's agenda. Your client will be given the right to restore the application upon notification by you in writing, that the necessary approvals have been obtained from the Zoning Board of Appeals. Please contact this office if You have any questions regarding the above. Sincerely, Richard G/ Ward Chairman cc: Zoning Board of Appeals Town Attorn~ey PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 23, 1993 SCOTt L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Anthony Salvatore Hillside Professional Center 45 Route 25A East Setauket, New York 11733 RE: Minor Subdivision for Eleanor Sievernich SCTM9 1000-113-8-5 Dear Mr. Salvatore: The following took place at a meeting of the Southold Town Planning Board on Monday, March 22, 1993: The final public hearing, which was opened on October 2, 1990, was again kept open. It is understood that the application before the Zoning Board of Appeals is inactive. Please indicate, in writing, prior to April 12, 1993, the reason why the application is inactive. Please contact this office if you have any questions regarding the above. Sincerely, Richard G. Ward Chairman cc: Zoning Board of Appeals PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-I938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 December 15, 1992 Anthony Salvatore Hillside Professional Center 45 Route 25A East Setauket, New York 11733 RE: Minor Subdivision for Eleanor Sievernich SCTM~ 1000-113-8-5 Dear Mr. Salvatore: The following took place at a meeting of the Southold Town Planning Board on Monday, December 14, 1992: The final public hearing, which was opened on October 2, 1990, was again kept open. The hearing will remain open until the Planning Board is in receipt of a final decision from the Zoning Board of Appeals. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Chairman cc: Zoning Board of Appeals~/ PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 · PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCO'Vr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 November 24, 1992 Anthony Salvatore Hillside Professional Center 45 Route 25A East Setauket, New York 11733 RE: Minor Subdivision for Eleanor Sievernich SCTM9 1000-113-8-5 Dear Mr. Salvatore: -The following took place at a meeting of the Southold Town Planning Board on Monday, November 23, 1992: The final public hearing, which was opened on October 2, 1990, was again kept open. The hearing will remain open until the Planning Board is in receipt of a final decision from the Zoning Board of Appeals. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr/ ~ Chairman cc: Zoning Board of Appeals PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, .Ir. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone 1516) 7654938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 October 20, 1992 Anthony Salvatore Hillside Professional Center 45 Route 25A East Setauket, New York 11733 RE: Minor Subdivision for Eleanor Sievernich SCTM9 1000-113-8-5 Dear Mr. Salvatore: The following took place at a meeting of the Southold Town Planning Board on Monday, October 19, 1992: The final public hearing, which was opened on October 2, 1990, was again kept open. The hearing will remain open until the Planning Board is receipt of a final decision from the Zoning Board of Appeals. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. ~r~S Chairman cc: Zoning Board of Appeals PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Lathara, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD 3CGTI' L: I~ARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southotd, New York 11971 Fax (516) 765-1823 March 17, 1992 Anthony Salvatore Hillside Professional Center 45 Route 25A East Setauket, New York 11733 RE: Minor Subdivision for Eleanor Sievernich SCTM~ 1000-113-8-5 Dear Mr. Salvatore: The following took place at a meeting of the Southold Town Planning Board on Monday, March 16, 1992: The final public hearing, which was opened on October 2, 1990, was again kept open. The hearing will remain open until the Planning Board is in receipt of a final decision from the Zoning Board of Appeals. Please contact this office if you have any questions regarding the above. Very truly yours, Chairman cc: Zoning Board of Appeals~/ ANTHONY SALVATOR E ATTORNEY AT LAW HILLSIDE PROFESSIONAL CENTER 45 ROUTE 25A EAST SETAUKET, N.Y. 11733 Gerard P. Goehringer, Chairman Town of Southold Zoning Board of Appeals P.O. Box 1179 Southold, NY 11971 Re: Eleanor Sievernich Your file No. 4068 Hearing date: 3/5/92 Dear Mr. Goehringer: As the attorney for the above named applicant, I request that the hearing on the application be postponed from March 5, 1992, to the next meeting of the Board in May, 1992. I am sending a copy of this letter to the office of Wickham, Wickham & Bressler, P.C., who expressed interest in this application. Should you require anything additional, please advise. AS/msh CC: Wickham, wickham & Bressler, PoC. ANTHONY S/~A~T O R E 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 February 26, 1992 Mr. Eli Frumkin 4 Wilbur Drive Great Neck, NY 11021 Re: Application of Eleanor Sievernich Dear Mr. Frumkin: In response to your telephone inquiry today, please find attached for your information a copy of the lot-line layout of the minor subdivision pending before the Southold Town Planning Board and the wetland area under consideration by the Board of Appeals. Please feel free to send your comments to us in writing and/or at the public hearing. As confirmed with you today, a postponement of the public hearing was requested by the applicant's attorney until our early May calendar. You should feel free to call us at any time if you have questions or to confirm the date of the postponed hearing. Very truly yours, Enclosure_ Linda Kowalski PLANNING BOARD MEMBERS Bennett Orlowski, Jr,, Chairman George Ritchie Lathara, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF $OUTHOLD February 25, 1992 Anthony Salvatore Hillside Professional Center 45 Route 25A East Setauket, New York 11733 SCOTt L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 RE: Minor Subdivision for Eleanor Sievernich SCTM~ 1000-113-8-5 Dear Mr. Salvatore: The following took place at a meeting of the Southold Town Planning Board on Monday, February 24, 1992: The final public hearing, which was opened on October 2, 1990, was again kept open. The hearing will remain open until the Planning Board is in receipt of a final decision from the Zoning Board of Appeals. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr Chairman cc: Zoning Board of Appeals ANTHONY SALVATOR E ATTORNEY AT LAW HILLSIDE PROFESSIONAL CENTER 45 ROUTE 2SA EAST SETAUKET, N.Y. 11733 (516) 941 4411 FAX (516) 941 4788 February 7, 1992 Gerard P. Goehringer, Chairman Town of Southold Board of Appeals P.O. Box 1179 Southold, NY 11971 Re: Eleanor Sievernich Your file No. 4068 Dear Mr.Goehringer: Pursuant to your request, I have enclosed four (4) copies of amended survey which shows the side yards of Lot #2, and the reduced building envelope on Lot #1, both of which comply with the zoning ordinances of the Town of Southold. These survey copies are to be substituted for the ones previously submitted with the application. Should you have any question, please advise. AS/msh Enclosures - 4 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 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 January 30, 1992 Anthony Salvatore, Esq. 45 Route 25A East Setauket, NY 11733 Re: Eleanor Sievernich--Our File No. 4068 Dear Mr. Salvatore: Please let this confirm that the Public Hearing on the above file is expected to be held during the evening of our regular meeting on March 5, 1992. It is our understanding that the building envelopes will be amended to show conformity with all setbacks of the Zoning Code in effect at ths time. that the Building permit is applied for. Also, we are enclosing, for your information, a copy of the Planning Board memo- randum dated December 16, 1992 concerning comments under the Subdivision regulations. Please feel free to call at any time if you have any questions. GPG:lam Enc. Very truly yours, Gerard P. Goehringer, Chairn~a~ PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 ? 'scow L..ARRAS - su ,so ~ ~¢ Town Hall. 53~5 Main Road ~ P.O. Box 1179 Southold, New York 11971 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Fax (516) 765-1823 TO: FROM: RE: Gorard P. Goehringer~ Chairman Zoning Board of Appeals Bennett Orlowski, Jr., Chairman Proposed Minor Subdivision Eleanor Sievernich SCTM# 1000-113-8-5 Appl. No. 4068 DATE: December 16, 1991 Below please find a list of the Planning Board's co~ents in reference to the above mentioned application: The final hearing before the Planning Board has been held open since October 2, 1990 due to the fact that the area of each lot, minus the wetland area, is less than that required by the R-80 Zoning District. Thus, a variance(s) from the Zoning Board of Appeals was required before the Planning Board could proceed with the subdivision. The building envelopes shown on the maps submitted for both the subdivision and the variance request are incorrect in that they allow two sideyards of twenty 720) feet each. Under the Bulk Schedule for the R-80 ~istrict, one side yard for each lot must be at least twenty-five (25) feet in width. If your Board grants the variances, the Planning Board will require that the applicant submit a revised final map showing the corrected sideyard setback. The building envelopes shown on each lot describe the buildable area for principal buildings within the required yard setbacks set forth by the Bulk Schedule. They do not in any way permit the applicant to build structures that exceed the setbacks or lot coverage allowed by the Zoning Code. A building envelope is not to be equated with potential lot coverage of the site. The Planning Board uses these "general" building envelopes so as to avoid forcing the applicant to Page 2 Sivernich December 13, 1991 locate the actual structures at the time of the subdivision approval, ~suring that each lot is buildable without ~ the need for variances. In order to prevent any confus~o~----- /--on the part of the applicant/subdivider, if your Board ~subdivider to covenant that all buildings and structures ~grants the variances, the Planning Board will require the twill be in accordance with the lot coverage limitations of the Bulk Schedule of the Zoning Code. TELEPHONE (516) 041-4411 Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971 LAW OFFICES ANTHONY SALVATOI~E, P.C. HILLSIDE PROFESSIONAL CENTER 45 ROUTE 25A EAST SETAUKET, N.Y. 11733 FAX 941-4788 Re: Eleanor Sievernich SCTM# 1000 - 113 - 8 - 5 variance application submitted on 11/12/91 Dear Sir/Madam: with reference to my letters of December 2 and 12, 1991, I requested that the Assessor's Office supply me with the correct address of Frumkin, property owner adjacent to the above indicated premises, in writing. I enclose copy of my letter to the Assessor's Office which was returned to me with the requested information indicated at the bottom. Also enclosed is the envelope, with the identical address for Frumkin, which was returned by the post office and marked "Addressee unknown". I have, therefore, complied with the statute requirement to serve the adjacent owners with the notice of petition to the Board of Appeals requesting a variance. The hearing should now be scheduled as jurisdiction is complete. AS/msh Enclosures Very truly yours, TELEPHONE LAW OFFICES ANTHON~ SALVATORE, P.C. PROFESSIONAL CENTER 2 Town of Southold Assessor's Office Main Road Southold, NY 11971 Re: Eleanor Sievernich SC~%~# 1000 113 - 8 - 5 Variance Hearing Dear Sir/Madam: Please provide, in writing, the mailing address of Eliezer A. and Miriam Bella Frumkin, owners of the property adjacent to the above. I require this information in order that I may serve notice of petition to the Board of Appeals requesting a variance. Should you have any questions, please advise. 21F~113-8-6 liezer A Frumkin & WF 20-41 Union Tpke [ ushing, NY 1136!_~ Very truly yours, ANTHONY SALVATORE AS/msh ATTORNrE¥ AT LAW HILLSIDE PROFESSIONAL CENTER 220-~% ~ Un i~?~i] Flushing, N~/ll~ RETURN RECEIPT REQUESTED "i PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD · HARRIS 'visor Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 February 4, 1992 Anthony Salvatore Hillside Professional Center 45 Route 25A East Setauket, New York 11733 RE: Minor Subdivision for Eleanor Sievernich SCTM# 1000-113-8-5 Dear Mr. Salvatore: The following took place at a meeting of the Southold Town Planning Board on Monday, February 3, 1992: The final public hearing, which was opened on October 2, 1990, was again kept open. The hearing will remain open until the Planning Board is in receipt of a final decision from the Zoning Board of Appeals. Please contact this office if you have any questions regarding the above. V~,~ truly yours, Bennett Orlowski, Jr/ Chairman cc: Zoning Board of Appeals PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 JAN I iZ~CO2~F L. HARRIS Supervisor PLANNING BOARD OFFICE TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 January 14, 1992 Anthony Salvatore Hillside Professional Center 45 Route 25A East Setauket, New York 11733 RE: Minor Subdivision for Eleanor Sievernich SCTM# 1000-113-8-5 Dear Mr. Salvatore: The following took place at a meeting of the Southold Town Planning Board on Monday, January 13, 1992: The final public hearing, which was opened on October 2, 1990, was again kept open. The hearing will remain open until the Planning Board is in receipt of a final decision from the Zoning Board of Appeals. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. Chairman cc: Zoning Board of Appeals TELEPHONE LAW OFFICES ANTHONY SALVATORE, P.C. HILLSIDE PROFESSIONAL CENTER 45 ROUTE 25A Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971 941-4788 Re: Eleanor Sievernich SCTM# 1000 - 113 - 8 - 5 Variance application submitted on 11/12/91 Dear Sir/Madam: As I advised in my letter of December 2, 1991, the Notice to Adjacent Property Owner form had to be remailed to Eliezer A. and Miriam Bella Frumkin. The address was confirmed with the Assessor's Office prior to remailing, but has been returned once again. Attached is a copy of the returned envelope with the post office stamp indicating "addressee unknown." AS/msh Enclosure ~-~-~I~]~[O~Y ~r~l~Ol~]~ ~', C. ATTORI~rEY AT LAW RETURN RECEIPT REQUESTED LAW OFFICES ANTHONY SALVATORE, P.C. HILLSIDE PROFESSIONAL CENTER 45 ROUTE 25A EAST SETAUKET, N.Y. 11733 - FAX (516) 941'4788 Zoning Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971 Att: Linda Re: variance Hearing : 12/16/91 Eleanor Sievernich SCTM# 1000 - 113 - 8 - 5 Dear Linda: This is to confirm my telephone conversation with you this date requesting that the above hearing be adjourned for two reasons. First, the inability to serve adjoining owner Frumkin after three (3) attempts, and secondly, my inability to attend the hearing on that date. j .~ I understand that the hearing will be rescheduled and you will advise me of the new date. Further, I understand that you~,~;~o will notify Mr. Ross of Wickham and Wickham of this request. -- v Thank you for your assistance in this matter. Very truly yours, ' ANTHON~TORE AS/msh PLANNING BOARD MEMBERS Bennett Orlowski, Jr.. Chairman George Ritchie Latham, Jr. Ri.chard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 scott L. HARRIS Supervisor PLANNING BOARD OFFICE TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 December 24, 1991 Anthony Salvatore Hillside Professional Center 45 Route 25A East Setauket, New York 11733 RE: Minor Subdivision for Eleanor Sievernich SCTM# 1000-113-8-5 Dear Mr. Salvatore: The following took place at a meeting of the Southold Town Planning Board on Monday, December 23, 1991: The final public hearing, which was opened on October 2, 1990, was again kept open. The hearing will remain open until the Planning Board is in receipt of a final decision from the Zoning Board of Appeals. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. Chairman cc: Zoning Board of Appeals PLANNING BOARD MEMBERS Bennett Orlowski, Jr.. Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 10, 1991 SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 2ork Fax (51~) 70~:1823 019o Anthony Salvatore Hillside Professional Center 45 Route 25A East Setauket, New York 11733 RE: Minor Subdivision for Eleanor Sievernich SCTM# 1000-113-8-5 Dear Mr. Salvatore: The following took place at a meeting of the Southold Town Planning Board on Monday, December 9, 1991: The final public hearing, which was opened on October 2, 1990, was again kept open. The hearing will remain open until the Planning Board is in receipt of a final decision from the Zoning Board of Appeals. Please contact this office if you have any questions regarding the above. Very truly yours, B'~nnett Orlowski, Jr.// Chairman cc: Zoning Board of Appeals APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. J~c~k II. $,,,~k? ~a~nes DinJzio,.~r~ oDertA, v~la Telephone (516) 765-1809 BOARD OF 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 INTER-DEPARTMENTAL MEMORANDUM TO: FROM: DATE: SUBJECT: Bennett Orlowski, Chairman Southold Towh Planning Board Z.B.A.~ December 3, 1991 "Building Envelopes" As you know, both the Planning Board and the Appeals Board have in the past considered applications with building envelopes shown. When "building envelopes" are submitted to our office, it is the applicants intention to utilize the entire envelope area for buildings or structures, conforming at some yard setbacks but nonconforming at others. When "building envelopes" are submitted to the Planning Board office, they would appear to be for a similar purpose - to restrict those areas outside the delineated lines for new buildings. One application (Eleanor Sievernich) which is before us for a lot area variance has been pending for quite some time before the Planning Board. The maps which have been acceptable to the planning office at this stage shows "building envelopes" beyond the permitted boundaries of the bulk schedule. This may be a problem in the future, and we ask'if it is possible for the Planning Board to use a different term for those areas .they are restricting for nonbuildability (such as areas below a 75 ft. setback line to wetlands, etc.), or as a preferred alternative, require a covenant on the maps by the property owner that all buildings and structures will be in accordance with the zoning code setback requirements. In the Sievernich project, the side yards should be 25 and 20, and the lot coverage limited to 20 percent of the total lot area. Page 2 - December 3, 1991 To: Bennett Orlowski, PB Re: Building Envelopes Chairman "Building envelopes" in general always appear to mean permitted building areas by the board reviewing the application and granting approval. Thank you for your consideration in this regard. your response. We will await FYI copies to: Building Department Town Attorney's Office "f HEREBY CERTIFY THAT THIS MAP WAS MADE BY ACTUA AND THAT ALL CONCRETE MONUMENTS SHOWN THUS CORRECTLY SHOWN AND ALL DIMENSIONAL AND GEOOETI "THIS IS TO CERTIFy THAT THIS SUBDIVISION PLAN HAS B. BOARD OF SOUTHOLD BY RESOLUTION OF APPROVAL DATE BY CHAIRMAN, PLANNING BOARD DATE DEVELOPMENT COMPLY :PARTMENT OF HEALTH. ~RD w. YO . . ,S. LIC. NO. 4589~- MINOR SUBDIVISION ELEANOR AY MATTITUC: "': Distri6t '1000 Section 113 Block 08 Lot 005.000 DECLARATION O~ COVENANTS AND RESTRICTION~ JUL ~-~ 1990 THIS DECLARATION made by Eleanor Sievernich this 20th day of June, 1990, residing at 25 Cinderella Lane, Setauket, NY, hereinafter referred to as the DECLARANT, as the owner of premises described in Schedule "A" annexed hereto (hereinafter referred to as the PREMISES) desires to restrict the use and enjoyment of said PREMISES and has for such purposes determined to impose on said PREMISES covenants and restrictions and does hereby declare that said PREMISES shall be held and shall be conveyed subject to the following covenants and restrictions: 1. No lot line shall be changed in any manner at any date unless authorized by the Town of Southold Planning future ~,,Board. 2. There shall be no further~ subdivision in perpetuity. 3. Clearing and grading within each lot shall be limited to that necessary for siting and constructing a house with the intent of preserving as much of the natural vegetation on the site as possible. Limiting clearing and grading will minimize Storm water runoff and erosion. 4. No new residential structure or sanitary disposal facility shall be constructed or otherwise located within 100 feet of the top of the bank along ~he shoreline. 5. No stormwater runoff resulting from the development and improvement of the. subdivision or any of its lots shall be discharged into the adjoining body of water. 6. Erosion and sediment required during and immediately after insure that stormwater runoff will deleterious materials into bordering the Branch. control measures shall be construction on each lot to not carry eroded and other Howard's Branch and the tidal wetlands 7. These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modification shall not be required. EA~r~SIEVERIgICH LS STATE OF NEW YORK ) :ss.: COUNTY OF SUFFOLK ) On the ~2~-day of June, 1990, before me personally,came ELEANOR SIEVERNICH, to me known to be the individual described in and who instrument and acknowledged that she executed the foregoing executed same. Notary Publi~ : State of New York ANTHONY ~/d.VATORE No,, E2-a4~ DECLARANT - It.D. KEF. SCHEDULE A DESCRIPTION OF PROPERTY Eleanor Sievernich S.C.T.M. # 1000-113-08-005.000 NO. OR NAME OF SUBDIVISION - #89-13 ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the easterly side of Cox's Neck Road (Cox's Lane), at the northwesterly corner of prenh~ses herein described, adjoining land now or formerly of Charles and Charles J. Sidorowicz, said point of beginning also being distant 656.00 feet, more or less, North, as measured along the easterly side of Cox's Neck Road, from the corner formed by the intersection of the easterly side of Cox's Neck Road and the northerly side of Meday Avenue; RUNNING THENCE from said point of beginning, North 57 degrees 42 minutes 00 secondsEast along land now or formerly of Charles and Charles J. Sidorowicz, 546.40 feet to the highwater mark of Howard's Branch of Mattituck Creek; RUNNING THENCE southerly along the high water mark of Howard's Branch of Mattituck Creek, the following five (5) tie line courses and distances: 1. South 46 degrees 53 minutes 49 seconds East 94.61 feet; 2. South 40 degrees 09 minutes 38 seconds East 110.26 feet; 3. South 62 degrees 04 minutes 03 seconds East 36.02 feet; 4. South 74 degrees 25 minutes 08 seconds East 28.43 feet; 5. South 39 degrees 25 nuinutes 34 seconds East 4~.87 feet to the land now or formerly of Eliezer A. and Miria~ Bella Frumkin; RUNNING THENCE South 63 degrees 36 minutes 00 seconds West, along the land now or formerly of Eliezer A. and Miria~ Bella Frumkin 702.57 feet to the easterly side of Cox's Neck Road (Cox's Lane); RUNNING THENCE North 15 degrees 13 minutes 00 seconds West, along the easterly side of Cox's Neck Road (Cox's Lane.) 240.00 feet to the point or place of BEGINNING .... h ~,~[e~pp~Vedoptl~e;~bow~date lhese;ac:]h~r .~ ~con~(?~,, ~, COllSt~CUO~ standards in ,,ffe, i at the tu,~e ~ t c(,~struc'tion TI, :, ~valid o~dy ,n th~ ew-t s3n:t ctmd~vision,'d~w~q appeal s t,~ the ()lfi(:~ ,}1 th~ Coullty (:t~', k~?; MAP BLK. 8 LOT 5 I~a997 S.F. OR 3.7648 ACRES IHEREON ARE REFERENCED ¸13 TEST HOLE TOPSOIL EANDY LOMi SRAVEL O,O IIL~It)£NTIAL LOW DENSITY A NOTICE OF II.RINGS NO~CE ~ I~REBY GW~, suant to Section 267 of thc Town Law and thc C~e of ~c Town of will ~ held for public hearings be- fern ~e SO~ IO~ ~ BO~ OF APPEA~ at thc ~mhold Town flail, 53~5 MaM Road, Southold, New york 11971, on TIIUR~DAY,/ MARCtl 5, 1992 c~menclng at (h~adng re,onward). For p¢~s- sion to establish business sal~s of- an owner-occupied two-family dwcl~ng with manager's quarters, q~ ~ lot ama applicable to each ~ in this l.lamlet-Bus~ess Zone Dis- existing principal uses having a to- tal lot a~a of 20,129& sq. ft. Loca- tion of property: 795 Pike Street, Mattituck, NY; County Tax Map (2) 7:35 p.m. Appl. No. 408~ ~ LEONARD AND DONNA SCIILE- / 2~1, for approval of fence exceed- lng thc maximum four-foot height and located along ~c no.tray side re c~y line. Location of Pmp- ~fl~ 1475 llom~ Pike Road, Matti- k NY' also shown on thc M p . fo~ County CIc~k's Office on May 17, 1916 as Map No. 720, filed Lot Nos. 1~, 14 and part of 12 (containing 2.563 acres pf total lot ama); County Tax Map Parcel ID O) 7:40 p.m. Appl. No. 4071 ~ ]OSEPII F. BARSZ~AEWSK1. ~. Variances to ~e ~ning Ordinance, Anicl~ XXIV, Section 100-244B,/ for pc~ission to ~duc¢ setbacks, andAMcl~XIV, Section 100-142, Applicant/owner is proposing to building in this Light Industrial (L1) Zon~ District and will bc required to obtain approval from ~ ~e Somhold Town Plan~ing Board/ Property: 14~ Kcrwin Boulevard, Grcenpon, NY; Map of Pcconic Bay Estates, ~t No. 176: County Tax Map ID No. 1~-53-2-9. (4) 7:50 p.m. AppI. No. 4094 ~ MARY C. BR~NAN. Variance to insufficient rear yard setback aud qMis parc4 of land is located in thc 3201 sq. ft.), width at 45 feet, an~ lot depth at 71.41 fcct. Location of ~ 7:55 p.m. AppL No. 4074 -- INC. (Sukru llgiu) for a ariancc to the Zoning Ordinauce, X, Section 10lB(12) and 100-102, Bulk, Area and Schedule. for permission/ retail sales of packaged and non-food items as usually found in a convenience store, as an of this one-story building.) Subject General Business Zone District. Lo- cation of Property: 7400 Math Road, Mattituck (Laurel School District), NY; County Tax Map Parcel No. 1000-122-7-1. (6 and 7) 8:00 p.m. DR. PIIILlP $. CENTONZE and MARILYN CF.N- TONZE -- regarding premises k own as 5700 North Bead (Couuty Road 48), Matt tuck. NY;J la) Appl. No. 4082 -- Variances VII, Section 100-72 for approval of pr nclpal uses l~y the addition of a first floor, and retaining livable floor area on the second floor (for a STATE OF NEW YORIq }SS: COUNTY OF SUFFOLK'} ~-,~__ ~-/~/_../~ of Mattltuck, In ~i---~unty, being duly sworn, says thet he/she b pflnclpal Clerk of THE SUFFOLK TIMES, · Weekly Newspaper, published et Mettltuck, in the Town of Soutbeld, County of Suffolk end State of New York, and that the Notice of which the annexed is a printed copy, has been rngula~/published in said Newspaper once each week for / weeks successively, commencing on the ..~a~ day of imi~10n ~ Principal Clerk Sd::m to before me this I~~ single-family dwelling unit), ail lot area applicable lo each use in this Residential-Office (Re) >'.one Dislticl is 40,000 sq. fi. This lot is nonconforming as to area and width. lb) AppI. No. 4081 -- Special Exceptions Io the Zoning nance, Article VII, Section 71B(2 & 7) for permission establish first floor dental office, as permitted by Sec lion 100-71B(2). and a second floor apartment not excecdin sq. fl. livable floor area, permittcd by Section 100-7111 (8) 8:15 p.m. Appl. Fuq'uRE SCREW MACIIINE PRODUCTS (MR. AND MITS. o the Zoning Ordinance. Article Vlll. Section 100-82 for approval )f an addilion, for storage purposes )ely, having an insufficient set- ELEANOR SIEVEI{JqlCII. Lo thc Zoning Ordinance, Article ,KXI[I, Section 100-239 Ill, Section 100-32, ]lulk, Area and Parking Schedule, for approval of ;lie upland area of proposed Lot ',79,449 sq. ft.) and proposed Lot ~2 (74.568 sq. fl.), and for insufficient width ( lot #2 (73.37 ft.) alonl[ Cox's Neck Road {a/k/a Cox Lane}~ 'lltis project is a Minor Subdivision Application also pending before the Southold Town Planning Board. Location of Property: Easterly side of Cox's Neck Road, Mattituck. NY; County Tax Map Parcel No. -0~3.765 acres. The Board of Appeals will at said time and place hearing any and all persons or representatives dcsirin~.~ to be heard in the above matters. Written comments may also be submitted prior to ~he conclusion of the subject hearing. Each hearing will not start before the }ack from thc westerly side prop- times designated above. For more :rty line. Subject premises is a informs on, please call 765-1809 ionconforming lot located m the/ or visit our office. Jght 0usiness (i.B) ;/.one District. Dated: Febma~ 13. 1992. .ocafion of Property: North Side of BYOItl)IiROF'IIIESOUTIIOLD 2ounty Road 4g and the Wcstcdy TOWhN IIOARDOFAPPEALS ;ida of Kenny's Road. $outhold. County Tax Map Parcel No. GEPdkP, D P-GOEIIRINGER By L/nde Kowalski ~7294- I TF20 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOA~ OF APPEALS TOWN OF SOU~OLD 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 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. Additional time will, of course, be available. A drafted or final written eopy of your presentation, if lengthy, is always appreciated. 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, Enclosure GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski 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 SCOT]7 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 at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, MARCH 5, 1992 commencing at the times specified below: (1) 7:30 p.m. Appl. No. 4075 - MICHAEL HERBERT. Variance (hearing reconvened). For permission to establish business sales office in addition to existing uses as an owner-occupied two-family dwelling with manager's quarters. The lot area applicable to each use in this Hamlet-Business Zone District is 20,000 per unit/use. The lot as exists is nonconforming for the existing principal uses having a total lot area of 20,129+- sq. ft. Location of Property: 795 Pike Street, Mattituck, NY; County Tax Map Parcel No. 1000-140-2-23. Page 2 - Legal Noti~ Hearings for March 5, 1992 Southold Town Board of Appeals (2) 7:35 p.m. Appl. No. 4083 - LEONARD AND DONNA SCHLEGAL. Variance to the Zoning Ordinance, Article XXIII, Section 100-231, for approval of fence exceeding the maximum four-foot height requirement in the front yard area and located along the northerly side property line. Location of Property: 1475 HomePike Road, Mattituck, NY; also shown on the "Map of Point Pleasant" filed in the Suffolk County Clerk's Office on May 17, 1916 as Map No. 720, filed Lot Nos. 13, 14 and part of 12 (containing 2.563 acres pf total lot area); County Tax Map Parcel ID No. 1000-114-1-5.1. (3) 7:40 p.m. Appl. No. 4071 - JOSEPH F. BARSZCZEWSKI, JR. Variances to the Zoning Ordinance, Article XXIV, Section 100-244B, for permission to reduce setbacks, and Article XIV, Section 100-142, for lot coverage at more than thirty (30%) percent of the total lot area. Applicant/owner is proposing to locate a proposed principal storage building in this Light Industrial (LI) Zone District and will be required to obtain approval from the Southold Town Planning Board concerning the site plan regulations applicable for this nonconforming lot. Location of Property: of Peconic Bay Estates, 1000-53-2-9. 145 Kerwin Boulevard, Greenport, NY; Lot No. 176; County Tax Map ID No. Map (4) 7:50 p.m. Appl. No. 4084 - MARY C. BRENNAN. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3, for ~ge 3 - Legal Noti~ Hearings for March 5 , 1992 Southold Town Board of Appeals approval of open porch (deck with roof) replacing previous deck structure, with an insufficient rear yard setback and lot coverage at more than twenty (20%) percent of the total lot area. This parcel of land is located in the R-40 Zone District and is nonconforming as to lot area (containing 3201 sq. ft.), width at 45 feet, and lot depth at 71.41 feet. Location of Property: 319 Champlin Place, Greenport, NY; County Tax Map Parcel No. 1000-34-3-41. {5) 7:55 p.m. Appl. No. 4074 - AMAC, INC. (Sukru Ilgin) for a Variance to the Zoning Ordinance, Article X, Section 10lB(12) and Section 100-102, Bulk, Area and Parking Schedule, for permission to establish retail sales of packaged food and non-food items as usually found in a convenience store, as an accessory to the existing gasoline service station, eliminating the service and repair areas (which were conducted in the existing bay areas of this one-story building.) Subject premises is nonconforming as to total lot area and depth in this "B" General Business Zone District. Location of Property: 7400 Main Road, Mattituck (Laurel School District), NY; County Tax Map Parcel No. 1000-122-7-1. (6 and 7) 8:00 p.m. DR. PHILIP J. CENTONZE and MARILYN CENTONZE - regarding premises known as 5700 North Road (County Road 48), Mattituck, NY; County Tax Map Parcel No. 1000-140-2-11. Applicants, as contract vendees, are requesting: Hearings , 1992 Southold Town Board of Appeals (a) Appl. No. 4082 - Variances to the Zoning Ordinance, Article VII, Section 100-72 for approval of the nonconforming area of the lot area for the establishment of two principal uses by the addition of a professional dental office on the first floor, and retaining livable floor area on the second floor [for a single-family dwelling unit), all within the existing structure. The lot area applicable to each use in this Residential-Office (RO) Zone District is 40,000 sq. ft. This lot is nonconforming as to area and width. (b) Appl. No. 4081 - Special Exceptions to the Zoning Ordinance, Article VII, Section 100-71B(2 & 7) for permission to establish first floor professional dental office, as permitted by Section 100-71B(2), and a second floor apartment not exceeding 750 sq. ft. livable floor area, as permitted by Section 100-71B(7). (8) Appl. No. 4076 - FUTURE SCREW MACHINE PRODUCTS (MR. AND MRS. WARREN E. HUFE, JR.) Variance to the Zoning Ordinance, Article VIII, Section 100-82 for approval of an addition, for storage purposes only, having an insufficient setback from the westerly side property line. Subject premises is a nonconforming lot located in the Light Business (LB) Zone District. Location of Property: North Side of County Road 48 and the Westerly Side of Kenny's Road, Southold,. NY; County Tax Map Parcel No. 1000-59-7-33. Page 5 - Legal Not Hearings for March 5, 1992 '~ Southold Town Board of Appeals (9) Appl. No. 4068 - ELEANOR SIEVERNICH. Variance to the Zoning Ordinance, Article XXIII, Section 100-239 and Article III, Section 100-32, Bulk, Area and Parking Schedule, for approval of the upland area of proposed Lot 91 (79,449 sq. ft.) and proposed Lot #2 (74,568 sq. ft.), and for approval of the insufficient width of proposed lot #2 (73.37 ft) along Cox's Neck Road {a/k/a Cox Lane). This project is a Minor Subdivision Application also pending before the Southold Town Planning Board. Location of Property: Easterly side of Cox's Neck Road, Mattituck, NY; County Tax Map Parcel No. 1000-113-8-5, containing a total of 3.765 acres. The Board of Appeals will at said time and place hearing 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 or visit our office. Dated: February 13, 1992. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Copies have been forwarded to the following on or about 2/14/92: L.I. Traveler-Watchman, Inc. Times-Review Marie Ongioni, Esq. (Attorney for Michael Herbert) Mr. and Mrs. Leonard Schlegal Mr. Joseph F. Barszczewski, Jr. Paul A. Caminiti, Esq. (Attorney for Mary C. Brennan) Mr. Garrett A. Strang, R.A. (for AMAC, Inc. and Centonze) William D. Moore, Esq. (Attorney for Future Screw Machine/Hufe) Anthony Salvatore, Esq. (Attorney for E. Sievernich) Individual Files and Board Members Page 23 - December 16, 1991 Public Hearing - Ethel H. Betz Southold Z.B.A. CHAIRMAN GOEHRINGER: I don't think we set a date yet. LINDA KOWALSKI: Probably the 23rd. It would be Thursday.. MR BRUER: I wouldn't be available. CHAIPaWLkN GOEHRINGER: Okay, then we'll postpone till the following. LINDA KOWALSKI: We'll let you know, in February some time. MR BRUER: Can I call you on that, that date. CHAIRMAN GOEHRINGER: Sure. MR BRUER: Okay, thank you. LINDA KOWALSKI: We'll have to re-advertise it, that's all. CHAIRMAN GOEHRINGER: Okay. Can I hear a second on my motion gentlemen. MEMBER VILLA: Second. Ail in Favor - AYE. Appl. No.: 4068 ApPlicant(s): Eleanor Sievernich Location of Property: Cox Neck Road, County Tax Map No~.: 1000-113-8-5 Mattituck, NY The Chairman opened the hearing at 8:53 p.m. and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a survey indicating the parcels in question as they are proposed and a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. There is no surveyor shown on the map so therefore I will not mention it. Here's the original it was done by Howard Young, the most recent date is February 8, 1991. Is there anybody who would like to speak in behalf of this application, prior to recessing the hearing? ~LINDA KOWALSKI: We have a letter there from the Attorney for the applicant. CHAIRMAN GOEHRiNGER: Right. ~JLINDA KOWALSKI: You might want to read that for the record. Page 24 - December 16, 1991 Public Hearing - Eleanor Sievernich Southold Z.B.A. CHAIRMAN GOEHRINGER: This is to confirm our telephone conversation with the state requesting that the above hearing be adjourned for two reasons. First, the inability to ~' service adjoining owner Frumkin after three attempts and secondly, my ability to attend the hearing at that date. I understand that the hearing will be re-scheduled and will advise me of the new date. Further I understand that you'll notify Mr. Ross of Wickham, Wickham & Bressler with ~his request. It says Very truly yours, Anthony Salvatore. Dated today. I offer a resolution recessing this to the meeting in February. MEMBER VILLA: Second. Ail in Favor - AYE. Appl. No.: 4069 Applicant(s): Troy and Joan Gustavson Location of Property: 7785 Main Road, Mattituck, County Tax Map No.: 1000-122-6-29.1 NY The Chairman opened the hearing at 8:55 p.m. and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a original site plan of this parcel showing the rear of the parcel which is the nature of this application which is the elevated paddle boat court and the nature of course is just what I read in the public notice and a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. I assume Mr. Bressler you would like to be heard. MR BRESSLER: Yes thank you Mr. Chairman for the applicants. Eric J. Bressler of Wickham, Wickham & Bressler P.C., Main Road Mattituck, New York. Mr. Chairman, Members of the Board this appeal presents the most interesting issue probably one of first impression for this particular Board since you are not aware of the fact that there are other platform tennis courts of a similar nature around the Town of Southold. At least those that have raised these issues. The issue very simply this evening is one of lighting. Is this platform tennis court to get the approval of the Board for the lighting which is an interval part of this court so that it can be used for its intended use or not that's the issue. By way of background, Mr. Chairman, and attached to.the appeal papers I only believe one of these letters was attached, but the issue of the platform tennis court in general and the issues relating to the lighting of the platform tennis court first came to the attention of the Town sometime prior to the hearing 1991 when Victor Lessard wrote this Board a letter Page 33 - December 16, 1991 Public Hearing - Troy and Joan Gustavson Southold Z.B.A. CHAIRMAN GOEHRINGER: Sure. Mr. Dinizio would like to. MEMBER DINIZIO: I'd just like to state that I did go down there at night and I brought my children down and we did run around the court and I turned it on and I went to both sides of the property actually on the other property and I could not see any of that light washing on to either side. You know there is railroad tracks in the back. It just doesn't seem like this is in any way a hindrance. Other than you could have just as easily had parking lot lighting there on all the time and TURNED TAPE OVER CHAIRMAN GOEHRINGER: Would anybody else who would like to speak either f.or or against this respective application? MR BRESSLER: Yes. I guess I might say that if any of the Board Members have any questions about the game itself isn't Saturday morning the or is it Sunday morning you go down there. MR GUSTAVSON: Generally speaking, Saturday mornings between nine and twelve. We basically have an open house for anybody who is interested in learning more about the sport. CHAIRMAN GOEHRINGER: Interesting. Very good. MR BRESSLER: And he'll be down there if you want to see what it's like. It's good for old guys to play too. CHAIRMAN GOEHRINGER: Let the record show that Mr. Bressler is referring to the applicant and .... MR BRESSLER: And myself. CHAIRMAN GOEHRINGER: Hearing no further ~omment. I make a motion closing the hearing reserving decision until later. Ail in Favor - AYE. (Transcribed by tape, was not present at the hearings) JAN 2 I 1992 i!! t ,' STATE OF NEW YORK) )ss: COUNTY OF SUFFOLK) said County, being duly sworn, says that be/she is Principal of MattituCk, In Clerk of THE SUFFOLK TIMES, · Weekly Newspaper, published at Mattltuck, In the Town of Southold, County of Suffolk and State of New York, and that the Notice of wh~h the annexed is a printed copy, has been rngutady published in said Newspaper once each week for f weeks successively, commencing on the ~ day of -- NOTICE OF HEARIiNL, o NOTICE IS tIEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, thc following matters will be held for public heatings before thc SOUTHOLD TOWN BOARD OF APPEALS at thc Southold Town tlall, 53095 Main Road, Southoid. New York 11971, on MONDAY~ DECEMBER 16. 1991 commencing at thc times spcciEcd below: (1) 7 35 p.m. AppL No. 4066 -- PELLEGRIaNI WINEKY. Special 'Ex- ception to the Zoning Ordinance, Article I11, Section 100-31B.13 for permission to cstabhsh wintry usc for the production and sale of wine pro- duced from grapes primarily grown m thc location of this vineyard. Locafioan See Legals, next page Principal Clerk ~_./ 19 ';~ / ALICE C. MecDONALO Notery Public, State of New Yolk No. 4879351 Qualified n Suffolk County ~-~ Commission Exp res Dec. 8 19 .~_~-~ Legals... Continued from previous page of Pmper~y: North Side of Main Road (State Route 25), Cutchogue, NY; County Tax Map District 1000, Sec- fion 109, Block 1, Lot 8.7; bounded on the west by Alee and Cross, north by Jablonski, east by Carnation Prop- e/lies, south by Main Road. (2) 7:40 p.m, Appl. No. 4067 -- PAOLO LAVAGETI'O. Variance to the Zoning Ordinance, Article IliA, Section 100-30A (Section XXIV, Section 100-244B) for permission to constnlct garage and storage addition with reduction in the (westerly) side yard setback on this comer lot. The NOTICE OF HEARINGS NOTICE IS HEREBY GIV- EN, pursuant to Section 26? 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 Hail, 53095 Main Road, ' Southold, NY 11971, on MON- DAY, DECEMBER 16, 1991 commencing at the times specified below: (1) 7:35 p.m. Appl. No. 4066- PELLIGRINI WINERY. Spec/ai Exception to the Zoning Ordinance, Article III, Section 100-31B. 13 for permission to establish winery use for the pro- duction and saie of wine pro- duced from gropes primarily grown in the location of this vineyard. Location of Property: North Side of Main Road (State Route 25), Cutchogue?NY; County 'lhx Map District 1000, Section 109, Block 1, Lot 8.7; bounded on the west by Alec and Cross, north by Jablonski, east by Carnation Properties, south by Main Road. (2) 7:40 p.m. Appl. No 4067- PAOLO LAVAGETTO. Variance to the Zoning Ordinance, Arti- cle IliA, Section 100-30A (Sec- tion XXIV, Section 100-244B) for permission to construct garage and storage addition with reduction in the (westerly) side yard setback on this corner lot. The subject parcel contains a total lot area of 17,287 sq. ft. and is located in the R-40 Zone District. Location of Property: South side of Ma~on Drive and the West side of Broadwaters Drive, Cutchogue; County Tax Map Parcel No. 1000-104-7-7. (3) 7:45 p.m. Appl. No. 404~7: ETHEL H. BETZ. Variance~t~ The Zoning Ordinance, Article III, Section 100-30A and Sec- tion 100-31A.3, Bulk Schedule, for approval of insufficient lot area and width of two parcels in this pending set-off division. Location of Property: Northeast side of Calves Neck Road, Southold, NY; County 'lhx Map .]~a:r~ cci No. 1000-63-7-34 and (4) 7:50 p.m. Appl. No. 4068- ELEANOR SIEVERNICH. Variance to the Zoning Or- dinance, Article XXIII, Section/ 100-32 for approval of propos- ed Lot No. I and Lot No. 2, each having a reduction of the total lot area due to wetlands, and for approval of insufficient width (frontage) of Lot No. 2. Loca- tion of Property: Easterly side of Cox Neck Road, Mattltuck NY; County Tax Map Parcel I~) No. 1000-113-8-5 containing%a ~ total of 3.7648 acres. 8:00 p.m. Appl. No. 4069- TROY AND JOAN GUSTAV- SON. Request for reversal of determination of the Building Inspector, or aiternatively a Variance to the Zoning Or- dinance, Article III, Section 100-31C (4b) {by reference to Article X, Section 100-10lC} for permission to establish lighting "for after dark use of an ac- cessory paddle bail court (also referred to as a platform tennis court structure):' After<lark use is prohibited under the provi- sions of the zoning ordinance relative to accessory tennis tour structures. Location of Proper- ty: 7785 Main Road, Mattituck, (Laurel School District), NY; Lot No. 1, Minor Subdivision Map of Sunbow Associates; County Tax Map Parcel No. 1000q22-6-29.1. The Board of Appeals wil(~ said time and place hear any and all persons or representatives I desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hear- lng. Each hearing will not start before the times designated above. For more information, please call 765-1809 or visit our office. Dated: November 29, 1991. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By: Linda Kowaiski /'vD IX-12/5/91(44) COUNTY OF SUFFOLK STATF. OF NEW YOP, K ss: Patricia Wood,' being duly sworn, says that she is the Editor,. of THE LONG ISLAND TRAVELER-WATC~HMAN_, a public newspaper printed at Southold, in Suffolk Countyl and that tile notice of which lite annexed is a printed copy, h,xs been .published in s;dd I_ong Island Tr;~vclcr-~V;Hchm;m once each week for. ................... ~ ...... weeks successively, commencing on d~c .......... '~ ........ [o heforc me Ibis .. .................... day of December 1991 Nolary Public BARBARA A. S(~HNEIDER NOTARY PUBLIC, St?te o[ New Yor No. 4806846 quelilied in Suffolk Cognly/ Commission Expires ~//3,,/A~2 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigortis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 :¢./ ,: -:, '"S 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 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. Additional time will, of course, be available. A drafted or final written copy of your presentation, if lengthy, is always appreciated. 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, Enclosure GERARD P. GOEHRINGER CHAIP~4AN By Linda Kowalski APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigoni$, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOA~ OF APPEALS TOWN OF SOU~OLD NOTICE OF HEARINGS SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765A823 Telephone (516) 765-1800 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 at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on MONDAY, DECEMBER 16, 1991 commencing at the times specified below: (1) 7:35 p.m. Appl. No. 4066 - PELLIGRINI WINERY. Special Exception to the Zoning Ordinance, Article III, Section 100-31B.13 for permission to establish winery use for the production and sale of wine produced from grapes primarily grown in the location of this vineyard. Location of Property: North Side of Main Road (State Route 25), Cutchogue, NY; County Tax Map District 1000, Section 109, Block 1, Lot 8.7; bounded on the west by Alec and Cross, north by Jablonski, east by Carnation Properties, south by Main Road. (2) 7:40 p.m. Appl. No. 4067 - PAOLO LAVAGETTO. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A (Section XXIV, Section 100-244B) for permission to construct garage and Pa'ge 2 - Legal Noti~ Hearings for December 16, 1991 Southold Town Board of Appeals s~orage addition with reduction in the (westerly) side yard setback on this corner lot. The subject parcel contains a total lot area of 17,287 sq. ft. and is located in the R-40 Zone District. Location of Property: South Side of Mason Drive and the West Side of Broadwaters Drive, Cutchogue; County Tax Map Parcel No. 1000-104-7-7. (3) 7:45 p.m. Appl. No. 4047 - ETHEL H. BETZ. Variance to the Zoning Ordinance, Article III, Section 100-30A and Section 100-31A.3, Bulk Schedule, for approval of insufficient lot area and width of two parcels in this pending set-off division. Location of Property: Northeast side of Calves Neck Road, Southold, NY; County Tax Map Parcel No. 1000-63-7-34 and 35. _(4) 7:50 p.m. Appl. No. 4068 - ELEANOR SIEVERNICH. Variance to the Zoning Ordinance, Article XXIII, Section 100-239 and Article III, Section 100-32 for approval of proposed Lot #1 and Lot #2, each having a reduction of the total lot area due to wetlands, and for approval of insufficient width (frontage) of Lot ~2. Location of Property: Easterly side of Cox Neck Road, Mattituck, NY; County Tax Map Parcel ID ~100D-113-8-5 containing a total of 3.7648 acres. (5) 8:00 p.m. Appl. No. 4069 - TROY AND JOAN GUSTAVSON. Request for reversal of determination of the Building Inspector, or alternatively a Variance to the Zoning Ordin~nce,~ Article Page 3 - Legal Noti~ Hearings for December 16, 1991 Southold Town Board of Appeals III, Section 100-31C(4b) {by reference to Article X, Section 100-101C} for permission to establish lighting "for after dark use of an accessory paddle ball court (also referred to as a platform tennis court structure)." After-dark use is prohibited under the provisions of the zoning ordinance relative to accessory tennis court structures. Location of Property: Main Road, Mattituck, (Laurel School District), NY; Lot Minor Subdivision Map of Sunbow Associates; Parcel No. 1000-122-6-29.1. 7785 91, County Tax Map 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 or visit our office. Dated: November 29, 1991. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski TO: L.I. Traveler-Watchman, Inc. Delivered 12/3/91 Times-Review, Inc. For Publication Copies have been forwarded 12/2/91 to the following: Samuels & Steelman Architects 25235 Main Road Cutchogue, NY 11935 Rudolph H. Bruer, Esq. P.O. Box 1466 Southold, NY 11971 (Pellegrini Winery) (Ethel Betz) Page 4 - Legal Noti~ Hearings for December 16, 1991 Southold Town Board of Appeals Also interested: Mr. and Mrs. Philip VanBourgondien P.O. Box 1211 1285 Calves Neck Road Southold, NY 11971 (In favor of Betz appl.) Mr. and Mrs. Basil Northam P.O. Box 1053 Southold, NY 11971 (Against Betz appl.) Dr. and Mrs. CLaus H. P.O. Box 818 Southold, NY 11971 Robohm (In favor of Betz appl.) Mr. and Mrs. John Kramer P.O. Box 1360 Southold, NY 11971 (Interest in Betz appl. Mr. John Prestia (Builder for Paola Lavagetto) P.O. Box 66 Cutchogue, NY 11935 Mr. and Mrs. Paolo Lavagetto 14 Wycoff Place Woodmere, NY 11958 Anthony Salvatore, Esq. (Repr. Hillside Professional Center 45 Route 25A East Setauket, NY 11733 Sievernich) Wickham, Wickham & Bressler, P.O. Box 1424 Mattituck, NY 11952 P.C. (Repr. Gustavson) Also copies with file info to ZBA Members, Individual Hearing Files, and Town Clerk Bulletin Board 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 TYPE II ACTION DECLARATION 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 November 21, 1991 Appeal No. 4068 Project/Applicants: County Tax Map No. Location of Project: Eleanor Sievernich 1000-13-8-5 3200 Cox Neck Road Mattituck Relief Requested/Jurisdiction Before This Board in this Project: Subdivide into two lots with insufficient area due to wetlands and insufficient width of'lot #2. This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.¥.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 the 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. tr JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER Town Hail, 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: FROM: RE: DATED: SOUTHOLD TOWN ZONING BOARD OF APPEALS JUDITH T. TERRY, SOUTHOLD TOWN CLERK ZONING APPEAL NO. 4 .... ELEANOR SIEVERNICH NOVEMBER 13,1991 Transmitted is application for variance submitted by Anthony Salvatore on behalf of Eleanor Sievernich, together with letter from Anthoy Salvatore, a copy of the Covenants and Restrictions, copies of map indicating sewage system, Building Department Notice of Disapproval, Copy of Building Permit No. 017626, Southold Town Planning Board Negative Declaration, Letter to Anthony Salvatore from Bennett Orlowski, Jr., Chairman of Southold Town Planning Board, Z.B.A. Questionnaire, Letter to John Bredmeyer, President of The Southold Town Board of Trustees with list of natural resources inventory and site review, Copy of Deed, Short Environmental Assessment Form, Notice to Adjacent Property Owner, Map of premises. LAW OFFICES ANTHONY SALVATOI~E, P.C. HILLSIDE PROFESSIONAL CENTER 45 ROUTE EAST SETAUKET, N.Y. 11733 November 12, 1991 FAX (516) 94t-4788 Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Eleanor Sievernich SCTM# 1000-113-8-5 Dear Sir/Madam: items: Relative to the above, enclosed are the following 1. Original and copy of application 2. Copy of Covenants and Restrictions 3. Copy of portion of survey showing Suffolk County Department of Health approval in duplicate 4. Copy of Building Permit 5. Copy of Southold Building Department Notice of Disapproval 6. Copy of Planning Board's Negative Declaration SEGR 7. Copy of Southold Planning Board 3/6/91 letter relative to wetland area exclusion 8. Questionnaire for filing with Z.B.A. Application 9. Copy of Environmental Consultant, Bruce Anderson's, report 10. Copy of deed, Schiffers to Sievernich 11. Original and three (3) copies of survey showing proposed subdivision 12. Short Environmental Assessment Form 13. Notice to Adjacent Property Owner with affidavit of mailing and Certified Mail Receipts 14. Check of Eleanor Sievernich in the amount of $500 representing variance fee Should there be any questions, or anything further required, please advise. AS/msh Enclosures - 14 CC: Eleanor Sievernich RECEIVED No t 3 TOWN OF souTHoLD, NEW YOIIJ~ut~lold Town Clerk APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO./~ ~.~ 10/21 91 DATE ............. /, ............... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ~, (~ l~..e..a.~o..~....s..L.e.~.e..:..~L.c.b .................. of .Z..5...,gA~..d..e..:..~.La-...?'~'e' ................................ Name of Appellant Street and Number New York Setauket ..................... uY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON 10 2 91 APPLICATION FOR PERMIT NO ..................................... DATED ...... /....~/. ......................................... WHEREBY THE BUILDING INSPECTOR DENIED TO Eleanor Sievernich ................ gig ~g" ;Pi" ~'~'~¥,';;;;;;"i;;T~;;';~;i~ ................ o~ ' derella Lane Setauket New York Z.:L..g.~ Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (x) Minor subdivision of lot 5 into two (2) parcels 3200 C '~ Nec.,k. Road~ Ma,.t. ti.t..u.,c..k. 1. LOCATION OF THE PROPERTY .............. Q~.. ........................................................... : ......... Street /Hamlet / Use Dlstrct on Zomng Mop Otstr~ct 1000 Sectionll3Block8 Lot 5 _ . Applicant ................................................................................. turren~ Owner Mop No. Lot No. Prior Owner Wilhelmine J. Schiffers 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number, Do not quote the Ordinance.) Article XXIII Section 100-239 and Article 111 Section 100-32 3. TYPE OF APPEAL Appeal is made herewith ~or (please check appropriate box) '(x ) A VARIANCE to the Zoning Ordinance or Zoning Map ( )' A VARIANCE due to lack of access (State of New York Town Low Chap, 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal ~f~) (has not] been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for o special permit ( ) request for o variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Vorlance to Section 280A Subsection 3 (x) A Variance to the Zoning Ordinance ( ) is requested for the reason that proposed lots will have insufficient upland and proposed lot #2 will have insufficient width area Form ZBt (Continue on other side) REASON FOR APPEAL Continued I. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficultiesorunneces- sary HARDSHiP because the applicant has owned the subject parcel since July 31, 1979, and it contains 3.7648 acres. The present zoning requires 80,000 square feet to constitute a buildable lot and 175 feet in width. Applicant seeks td-divide the parcel into two (2) lots as shown on the map supplied herewith. The proposed division will provide two (2) lots, each having more than 80,000 square feet. However, the exclusion of the wetland areas as:designated on the map, which is based on the report of environmental consultant~ Bruce Anderson, results in insufficient upland area. The pro- posed lot #1 is thus shy of the required area by 874 square feet and Lot #2 is th~s shy the required area by 9j105 square feet. The exclusion of the wetland area from the applicant's property is the reason that this appli- cation is made. Lot #2 also requires a lot width variance. The property has a road frontage of 240 feet, so it is necessary to obtain a lot width variance for Lot #2. The strict application of the zoning ordinance would produce a severe hardship upon the applicant as it would deprive her of at least half of the value of her property and the reasonable use of same. To require the applicant to use her 163,996 square feet of land for only one house would be unrealistic and economically unfeasable. 2. The hardship created is uNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because most of the surrounding properties consist of much smaller parcels than the now required 80,000 square feet so that these parcels are now nonconforming to the existing zoning. The applicant believes that her parcel is unique in that, except for one parcel located to the south which is much larger, no other parcel in the area could be further subdivided. Applicant's property is the only one having sufficient area to subdivide it into two (2) parcels. The exclusion of the wetland area from the parcel's area computation will not affect any other parcel except perhaps the large parcel to the south. As to that parcel, a wetland exclusion may not adversely affect it. The applicant's property has been in her family since March 18, 1949, and there has been no lot change in those lot lines since then, nor have they owned any adjacent proeprty since then. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the granting of the variances sought by the applicant would not change the character of the surrounding area and would be in conformity with the general purpose of the zoning ordinance. The granting of the variances sought will not be detrimental or injurious to the neighborhood and will not be detrimental to the public welfare, nor be a burden upon the municipal services provided to the neighborhood. The division into two (2) lots would still contain 80,000 square feet and permit the construction of only a one family residence on each of the two (2) parcels. Those houses, when built, will each be more than 75 feet from the wetland area and not have any adverse affect upon them.. The report of the environmental consultant, Bruce Anderson, clearly shows that the construction of the two residences, as per the proposed map, does not adversely impact upon the wetland. The Suffolk Count~ Health Department has given its approval for the construction of two (2) residential structures on the said lots and the applicant has recorded.the necessary restrictive covenants for the pro6osed division into two (2) lots in the Suffolk County Clerk's Office at Liber 11108, page 416 and the S.C.H~D. approval~is stamped on the map. STATE OF NEW YORK ) ~'- -~- .~_A ' .... :: ~ COUNTY OF SUFFOLK I ss ~,,,,,~~.~T...~ .......... Sworn to this ..................... Z..~. ............. day of ............. N..q.¥.e...m..b...e..'K.., ...................... 19 91 // Pub' . LAW OFFICES A]qTHOI'qY SAI~VATOI~E, P.C. TELEPHONE HILLSIDE PROFESSIONAL CENTER 45 ROUTE 25A EAST SETAUKET, N.Y. 11733 December 2, 1991 FAX Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Eleanor Sievernich SCTM # 1000 113 8 5 Variance application submitted on 11/12/91 Dear Sir/Madam: Relative to the above, this Notice to Adjacent Property Owner form was remailed to the address obtained from the assessor's office after being returned when mailed to the property address. There was a transposition in the number on Union Turnpike so the Notice was again returned. A recheck with the assessor's office indicates the address mailed to this date, 220-41 Union Turnpike, Flushing, NY 11364 is the correct address. Enclosed is an affidavit of service of the Notice at the address indicated above and the receipt for certified mail is attached thereto. AS/msh Enclosure Very truly yours~ - ~kNTHONY SALVATORE NAM~ Charles Sidorowicz and - Charle Sidorowicz PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS 3300 Cox's Neck Road, Mattituck, 3300 Cox's Neck Road, Mattituck, NY 11952 NY 11952 Eliezer A. Frumkin and Miriam Bella Frumkin 2950 Cox's Neck Road, Mattituck; 2950 Cox's Neck Road, Mattituck, NY 11952 NY 11952 STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: ~4ariorie S. Hotalinm . residing at 24 Railroad Street, Bayport~ NY - - , being duly sworn, deposes and says that on the /,~-~-- day of November ,19 9l , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- ficeat East Setauket, NY ~ (registered) mail. Sworn to before me this 1,2 ~ day of N~v~mh~r , 19 91 Not~/ry Public ; that said Notices were mailed to each of said persons by -: ~rjorie ~..otal~ ANTHONY NOTARY PUBLI0, NO. (;tuallflalJ a Commission (This side does not have to be completed on form transmitted t~'~adjoining property owners. ) BOARD OF APPEALS, TOWN OF SOUTHOLD : In the Matter or the Petition of : Eleano~ Sievernich : to the Board of Appeals of the Town of 5outhold : TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Thee intention of the undersigned to petition the Board of Appeals of The Town of Southold to request a ~/ariance~(Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adiacent to your property and is des- cribed as follows: 3200 Cox's Neck Road, Mattituck, New York 3.'/ acres ~6 feet north of Meday Avenue 3. That the property which is the subiect of such Petition is located in the following zoning district: 4 That h~ such Petition, the undersigned will request the following relief:Upland area variance 'and one lot requires width variance · .5. That the provisions of the Southold Town ZonlngCode applicable to the relief sought by the under- s~gnedare ~rticle XXIII Section100-239 and Article III Section 100-32 [ ] Section 2BO-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 ma)' 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. ' P~twitni~nre~ ' N a m~e s './E[eanor Sievernich Post Office Address 25 Cinderella Lane Setauket, NY 11733 Attorney: Anthony Salvatore, P.C. 45 Route 25A East Se'tauk~o N~ 11733 (516) 9~1~-~: i,~-, [Copy of ~ showing proposal ItJ[X~ attached purposes.] ~ ~ : . TELEPHONE LAW OFFICES ANTHONY ~A~VATOI~E~ P.C. HILLSIDE PROFESSIONAL CENTER 45 ROUTE 25A EAST SETAUKET, N.Y. 11733 November 15, 1991 FAX {5161 941-4788 Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971 NOV 18 1991 Re: Eleanor Sievernich SCTM #1000 - 113 - 8 5 variance application submitted on 11/12/91 Dear Sir/Madam: Relative to the above, this Notice to Adjacent Property Owner form was originally sent to the address obtained from the telephone book. The notice was returned this date and we subsequently learned of their address in Flushing, N.Y. Enclosed is an affidavit of service of the notice at the Flushing address and the receipt for certified mail is attached thereto. AS/msh Enclosure Very truly yours, ANTHONY SALVATORE BOARD OF APPEALS, TOWN OF 5OUTHOLD In the Matter or' the Petitton of Eleanor Sievernfch : to the Board o~' Appeals nf the Town .f Southold : TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Thee Intention of th~. undersigned to petition the Board of Appeals of the Town t)f Snuthold to request a ~/arlance~(5peclal Exception) (Special Permit) (Other) [circle choicel 2. That the property which is the subject of the Petition is located adjacent to your property and is des- crfbed as follows: 3200 Cox's Neck Road, Mattituck, New York 3.7 acres 656 feet north of Meday Avenue 3. That the property which is the subject of such Petition is located in the following zoning district: 4 Thai bl, such Petition, the undersigned will request tbe following roller:Upland area variance 'and one lot requires width variance 5. Thai the provisions of the Southold Town ZoninRCode applicable to the relief sought by the under- signed are Article XXlII Section 100-239 and Article III Section 100-32 . [ ] Section 2BO-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? Office at Main Road; Southold, New York and you ma), 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 Appealsi that a ,otlce of such hearing must be published at leasl five days prior to the date of such hearing In the Suffolk Tlme~ and In the Long Island Travele~-Mattltuck Watchman, newspapers Published In the ToWn of Southold and designated for the publication of such notices; that you or your representative have the'. rlgh! to appear and b· heard at such hearing. ' Petitioner Owners'Names: Eleanor Sievernich [Copy of k~Rll~X~ showing purposes. Post Office Address .25 Cinderella Lane Setauket, NY 11733 [ kxx xx xxxx Attorney: Anthony Satvatore, P.C. 45 Rout&' 25A East S~tauket, NY 11733 (516) 941r44:!i proposal 7JlX~ attached [o~:~O. hv~htence PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS NAM~ ADDRESS Eliezer A. Frumkin and Miriam Bella Frumkin 220-41 Union Turnpike, Flushing, NY 11364 STATEOFNEWYORK) COUNTY OFSUFFOLK) SS.: Marjorie S. Hotaling , residing at 24 Railroad Street. Bayport. NY , being duly sworn, deposes and says that on the 15th day of November, ,19 91 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as sho~,n on the current assessment roll of the Town of Southold: that said NoHces were mailed at the United States Post Of- fice at East Setauket, NY ;that said Notices were mailed to each of said persons by (certified) (registered) m,~il. Sworn to before me this ] 5th day of _.~, 19 9 ] Notar/Public ANTHONY SALVATOR£ NOTARY PUBLIC, State of New Y0¢4 No. 52-343692S · , Qualified in Suffolk Coun~ ~ Commission Expim~ Octob~ 30, 19 ~ (This side~ does not have to be completed on form transmitted tJ"adjoining property owners.) 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.) Eleanor Sievernich Sole owner 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 { ~ No 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? Yes E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? NO (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? Yes 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? ~Q If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel vacant land with partially constructed houseand proposed use residential with two (2~ houses ~A~uthorized/~ature and Date 3/87, 10/901k § 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]: -lC) '~' ~' · ~ A. TIDAL 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, flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following:, salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel, marshmallow and low march cordgrass; and/or (3) All ]and immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- fy-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 24, Ti- tle 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 immedlate]y 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 2- 2s- ss ' ' [,PROJECT 1,0. NUMBER 617.21%. SEQR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMAT~ON (To be comDleted by ADl01icant or Project sponsor) ~ernich a. P?o_Ja_C__~ NAM,~ ~ ....... mznor sUbalvlsio_qn PROJECT LOCATION: 4. M..~m.,~ i Counw Suffolk PRECISE LOCATION (Street address and road intersections, Prominent landmark(s, etc.. ot I)tovide mai)) ~ 3200 Cox's Neck Road 656 feet north of Heday Avenue 6. 'DESCRISE PROJECT BRIEFLY: ~ Subdivide into two (2) lots with upland area variance and width variance forgone (1) lot 7. AMOUNT OF LAND AFFECTED:'--'~--- ,.i,a,, ~ a:,~s Uillm.,e~v 3. 7648 ~ a=re. 8. WILL PROPOSED ACTION COMPLy WiTH EXISTING ZONING OR OTHER EX~STINIG LAND U$~ RESTRICTIONS? Require upla. nd area variance and lot width variance 9. WHAT IS PRESENT LANO USE IN VlCiNI]:Y OF PROJECT? ~ ~ - ~'~ Re.idential [] Industrial ~',[] Commerc,al [~ Agricultu,. [] Par~Fo,est/Oi)e. si)ace [] Ot,e~ Parcel is in residential zone anE shall remain residential 10. DOES ACTION INVOLVE A PERMIT AP'~ROVAL. OR FUNDING. NOW OS ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCy (FEDERAL. -- STATE OR LOCAL)? i'-IYes [] NO If yes, list agency{s) and permiuapprovals ! I. DOES ANy ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ~] Yes [2] No If ye.~, Fist a(~ency name and permit/ai)i)ro~al Southold Building Department issued a building permit for a one family 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ... . o..: 1 (Continued on reverse side) The N.YoS. Environmental Quality Review Act ' before any action is taken, i --_ew wzll be maae by th~s board (b) If any question has been answered Yes th~ project may be sig- (e) If all questions have been answered No it is likely that the project is not Significant. (d) E~nvironmental Assessmen~ ~Yes X.____NO ~Yes X___No 8. Will project have a major effect on visual char-- envlrcamental area by a local agency? .___Yes XNo 10. Will project have a m~jor effect on existing or 11. Will project result in major traffic problems or 12. Will project regularly cause objectionable odors, 13. Will project have any impact on public health ~Yes X..__~o PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD EcEtVED SCOTt L. HARRIS Supervisor Town Hall, 53095 Main Road P.O, Box 1179 Southold, New York 11971 Fax (516) 765-1823 March 6, 1991 Anthony Salvatore Hillside Professional Center 45 Route 25A East Setauket, New York 11733 RE: Minor Subdivision for Eleanor Sievernich SCTM9 1000-113-8-5 Dear Mr. Salvatore: The Planning Board has reviewed the maps dated February 8, 1991, which were revised to show the upland and wetland area of each proposed lot. The subject parcel is located in a R-80 District, requiring a minimum of 80,000 square feet per lot. As per Section 100-239 of the Town Zoning Code, land under water is not included when computing minimum lot area. A copy of Section 100-239 is enclosed for your convenience. When the wetland area is excluded from your client's proposed subdivision, each lot has a lot area less than the required 80,000 square feet. The Planning Board can not proceed with review of this subdivision unless your client applies for, and receives, an area variance from the Zoning Board of Appeals. A disapproval from the Building Department for a building permit will be required before your client can appear before the Zoning Board of Appeals. Please indicate, in writing, before April 2, 1991, how your client intends to proceed. If you*have any questions regarding the above, please contact this office. enc. cc: ~ery truly yours, Bennett Orlowski, Jr.ff Chairman Gerard P. Goehringer, Chairman, Zoning Board of Appeals Victor Lessard, Principal Building Inspector uce AndersOn Environmental Consultant November 18, 1990 John Bredemeyer, President Southold Boar~ of Trustees Town Hall Southold, NY 11971 Re:Minor Subdivision - Sievernich SCTM#1000-113-8-5 Dear Mr. Bredemeyer, Attached is a natural resources inventory and site reviaw of the above referenced subdivision. Sincerely, Bruce Anderson 475 Rambler Road, Southold, NY 11971 (516) 765-4071 .',Brube Anderson Environmental Consultant Project: Natural Resources Inventory and Analysis Minor Subdivision - Eleneanor Sievernich Location: Town of Southold Situate at Mattituck Howard's Branch of Mattituck Creek SCTM# 1000-113-8-5 Description: Subject parcel contains approximately 3.8 acres and extends from Cox's Neck Ro~d to the shoreline of Howard's Branch of Mattituck Creek. Wetlands associated with Mattituck Creek are tidal. Wetland vegetation consists of primarily phragmites with narrow and interupted patches of spartina alterniflora. The upland area is forested and its overstory is dominated by beech, oak and scattered cedar. Steep slopes extend roughly one hundred feet from the edge of the wetlands. The following species were identified in the wetland portion of the site: Marsh cordgrass Common reed Groundsel bush Spart~na alterniflora Phragmites Communis Baccharis Halimnifolia The folowing species were identified in the upland portion of the site: Red oak Black oak Red cedar White cedar Beech Gray birch Black cherry Pignut hickory Japanese maple Common greenbrier Glaucos greenbrier St Peterswort Poison ivy Black berry European honeysuckle Japanese honeysuckle Quercus rubrum Quercus velutina Juniperus virginiana Chamaecyparis thyoides Fagus grandifolia Betula populifolia Prunus serotina Carya glabr~ Smilax rotundifolia Smilax glauca Ascyrum starts Rhus radicans Rubus allegheniensis Lonicera xylosteum Lonicera japonica The construction of a large, dwelling on lot 2 was nearly completed at the time of the field inspection. 47.5 Rambler Road, Southold, NY 11971 (518) 765-4071 Subject dwelling appeared to be located within the building envelope for lot 2 as depicted on the survey prepared by Young and Young and last amended July 10, 1990. The construction of said dwelling appears to be set back greater than 75 feet from the upland edge of tidal wetlands and is clearly above the 10 foot topographical contour. One of the most striking feature of this parcel is the steep slope which is found adjacent to the upland edge of the tidal wetlands. The slope for the most part is stabilized by large mature beech, red oak and cedar. The development of lot 2 has resulted in the clearing of many of these trees particularly in the upper reaches of the slope. No erosion or siltation preventative measures are in place so that locally severe erosion and siltation is occurring. For the most part, trees which had recently been cleared have been cut and much of the branches and brush have been deposited within the steepest portion of the slope. In addition, a number of dead cedar and recently toppled beech trees were found in and around the slope and the existing dwelling. Recommendations 1-The existence of the newly constructed dwelling on lot 2 of the proposed subdivision renders recommendations as to the design layout impractical. 2-There is an immediate and urgent need to provide for control of erosion and siltation which is presently occurring. Because of the steep slopes involved it is recommmended that both haybales and silt fence be erected along the 26 foot topographical contour. The haybales should be firmly staked into the ground. 3-The clearing which has occurred on subjecf parcel is not regarded as a wetland violation because several dead cedar and storm damaged and recently toppled trees were observed not only on the slope but the throughout the property. Nevertheless~ the disapearence of the trees particularly within the slope of the property may lead to more persistent and long term erosion. The owner of the residence should be appraised of this condition and it is recommended that the digenous vegetation including beech~ red and white cedear and red oak be planted within the sloping areas fronting the creek. Such planting may provide for the long term stabilization o,f the slope thereby 475 Rambler Road, Southold, NY 11971 (516) 765-4071 protecting the dwelling at a lesser cost than constructing formal retention walls and the like. 4-The clearing around the eastern front of the house should be landscaped with vegetation having reduced fertilizer requirements. If lawns are to be planted, low maintenace turfs such as the commercially available fescue varieties are recommended. The application of fertilizer and pesticides within the sloping area has the potential of causing an impact to the surface waters of Mattituck Creek via overland runoff. 5-All branches tree limbs, cut wood and brush should be removed from areas adjacent to the wetlands and on the steep sloped portions of the site. Their removal should be done by hand. Under no circumstances should heavy equipment be used within the sleep sloped areas. 6-Six labelled flags were placed in the upper marsh portion of the wetland. While subject wetland is small in size, the Trustees may require that it be formally delineated on the survey for purposes of historical documentation. 475 Rambler Road, Southold, NY 11971 (516) 765-4071 ~Town Hall'. 5'3095 Main Road P.O. Box 1179 Southold. New York 11971 PLANNING BOARD OFFICE TOWN OF SOUTHOLD RECEIVED NEGATIVE DECLARATION DATE: October 16:1989 Pursuant to Article 8 of t_he Environmental Conservation Law State Envi0rnmental Quality Review Act and 6NYCP~RPart. 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold; notice is hereby given that Southold Town Planning Board, as lead agency for this %mlisted action described below has determined that the project will not have a significant effect on the environment. NAME OF ACTION: Eleanor Sievernich SEQR STATUS: Type I Unlisted CONDITIONED NEGATIVE DECLARATION: YES DESCRIPTION AND LOCATION OF ACTION: Applicant proposes to subdivide a 3.7648 acre parcel into 2 lots. This minor subdivision is located at Mattituck. SCTM #1000-113-8-5. REASONS SUPPORTING THIS DETERMINATION: An Environmental assessment has been submitted, reviewed ~/ and it was determined that no significant adverse effects ~~ to the environment were likely to occur should the project be implemented as planned. Because there has been no correspondence received from the Department of Healt~hSez~ices in %he allotted time, it is assumed that there are no comments or objections ~rom that agency. Because there has been nc correpondence received from the New York State Department of Environmental Conservation in the allottedtime, it is assumed that there are no comments or objections from that agency. Further information can be obtained by contacting Melissa Spiro, Southold Town Planning Board, Main Road, Southold, NY 11971. 765-1938. Copies mailed to the following: Suffolk County Department of Health Services Suffolk County Planning Commission Robert Green, DEC Commissioner Mohabir Perseud, Department of State Cramer, Voorhis & Associates, Inc. Judith Terry, Town Clerk Building Deparrnuent Board of Appeals Board of Trustees Applicant Planning Board NOTE: L · = MONUMENT 2. SUFFOLK COUNTY TAX MAP DIST. I000 SECT. IlS BLK. 8 LOT 5 TOTAL AREA ~ I$B987 S.F, OR 3.7548 ACRES 4. ELEVATIONS SHOWN HEREON ARE REFERENCED TO N,G,V~D. {MSL 19~9). 5. ZONING USE DISTRICT: R-80 RESIDENTIAL LOW DENSITY A NOTE: A DECLARATION OF COVENANTS AND RESTRICTIONS HAS BEEN FILED IN THE SUFFOLK COUNTY CLERK'S OFFICE IN LIBER_IIIOB PAGE. 416 TOPSOIL 05' 8.5' ' I HEREBY CERTIFY THAT THIS MAP WAS MADE BY ACTUAL SURVEYS COMPLETED NOV. 15. 198B AND THAT ALL CONCRETE MONUMENTS SHOWN THUS: · ACTUALLY EXIST AND THEIR POSITIONS ARE CORRECTLY SHOWN AND ALL DIMENSIONAL AND GEODETIC DETAILS ARE CORRECT. ' 'THIS IS TO CERTIFY THAT THIS SUBDIVISION PLAN HAS BEEN APPROVED BY THE PLANNING BOARD OF SOUTHOLD BY RESOLUTION OF APPROVAL DATED BY CHAIRMAN. PLANNING BOARD DATE THE WATER SUPPLY 8 SEWAGE DISPOSAL FACILITIES FOR ALL LOTS IN THIS DEVELOPMENT COMPLY W~TH THE STA.DARDS AND REOU,REMENTS OP T,E SUFFOLK COUNTY DEPARTMENT OF ,EALT,. ROAD TYPICAL WELL DETAIL TYPICAL SEWAGE DISPOSAL SYSTEM MINOR SUBDIVISION ELEANOR $1EVERNICH AT MATTITUCK TOWN OF SOUTHOLD SUFFOLK COUNTY FEB. 4,1992 FEB B,1991 JUL lO, 1990 ,,/ J U N. 26,1990'---"--__,*~F~.c~ ,.~-.-ff ~NUN 19,1989 " DATE OV, 15, 1988 SCALE ! ~ = I00' NO. 88 - 0201 N.Y. YOUN 400 D. N Y ALDEN . _I~.~'~L.S.-~-IC. N~.' 12845 HOWARD W. ~ ~. L.S. LIC. NO. 4.5893 THOMAS C. WO~E~. N.Y.S.P.E. LIC. NO. 61483 LOT AREAS UPLAND WETLAND[ 79449 S.F. 874 S.E [ 74568S. F 9105S. E TOTAL 80323 S.F 83673 S.F °~ "[ HEREBY CERTIFY THAT THIS MAP WAS MADE BY ACTUAL SURVEYS COMPLETED NOV, 15, [988 AND THAT ALL CONCRETE MONUMENTS SHOWN THUS: · ACTUALLY EXIST AND THEIR POSITIONS ARE CORRECTLY SHOWN AND ALL DIMENSIONAL AND GEODETIC DETAILS ARE: CORRECT." HOWARD W. YOUN~, N.Y.S.L.S. LIC. Il R--BO A~C R-BO uo ! 4-80 J ~) COUNTY OF SUFFOLK ,~_ $OUTHOLD ~ ~c,,~m ~-~,---~Real ProPerty Tax Service Agency ~,~ .... __ - ! I I 3 LOT AREAS. LiT UPLAND 9105 S.E B3673 S.E WETLAND TOTAL 79449 S ] B74 S.E 80323 S E 74 568 S E NOTE: 2. SUFFOLK COUNTY TAX MAP 3 TOTAL AREA = 1G$997 S.E. ORS.7648 ACRES 4. ELEVATIONS SHOWN HEREON ARE REFERENCED NOTE: A DECLARATION OF COVENANTS AND RESTRICTIONS HAS BEEN FILED IN THE SUFFOLK COUNTY CLERK'S OFFICE IN LIBER__ PAGE 170' C) "THIS iS TO DEBT[Fy THAT THIS GUBDIV[$10N PLAN HAS BEEN APPROVED BY THE PLANNING BOARD OF SO.UTHDLD BY RESOLUTION OF APPROVAL DATED BY CHAIRMAN, PLANNING BOARD DATE THE WATER SUPPLY ~ SEWAGE DISPOSAL FACILITIES FOR ALL LOTS IN THIS DEVELOPMENT COMPLY WITH THE STANDARDS AND REQUIREMENTS OF THE SUFFOLK COUNTY DEPARTMENT OF HEALTH, HO-W~,RD W. y'o G~'~'~N.y.~I~'L,S, LIC. NO, ¢5~T ROAD ?YPICAL WELL DETAIl TYPICAL SEWAGE DISPOSAL SYSTEM MINOR SUBDIVISION ELEANOR SIEVERNICH AT MATTITUCK TOWN OF SOUTHOLD SUFFOLK COUNTY ioo YOUNG B YOU 400 OST . ALDEN W, YOUNG. N.Y.S.P.E. S L,S. LIC. NO. IBC45 HOWARD W, YOUNG. N.Y.S.L.S. LJC. NO, 4S$93 THOMAS C. WOLPERT. N.Y.S. P,E. LIE. NO, 61483 LOCATION MAp ~ SCALE~ I '= EO0' LOT AREAS = 79449S F 874 S.F 80325 S,F 74568S F 9105 S. 83673 S.F NOTE: ·= MONUMENT 2. SUFFOLK COUNTY TAX MAP DIST, IO00 SECT, 113 BLK. 8 LOT 5 3 TOTAL AREA = 163997 S.F. OR 3.7648 ACRES 4. EL[VATIONB SHOWN HEREON ARE REFERENCED TO N.G.V,D, (MSL IB29), 5, ZONING USE D~STRICT: R-80 RESIDENTIAL LOW DENSITY A NOTE A DECLARATION OF COVENANTS AND RESTRICTIONS HAS BEEN FILED IN THE SUFFOLK COUNTY CLERK'S OFFICE IN LIB"E~ PAGE o~ G,~ 170' "r HEREBY CERTIFY THAT TRrS MAP WAS MADE BY ACTUAL SURVEYS COMPLETED NOV. 15, ]958 AND THAT ALL CONCRETE MONUMENTS SHOWN THUS: · ACTUALLY EXIST AND THEIR POSITIONS ARE CORRECTLY SHOWN AND ALL DIMENSIONAL AND BEODETIC DETAILS ARE CORRECT, ~ "THIS IS TO CERTIFY THAT THIS SUBDIVISION PLAN HAS BEEN APPROVED BY THE PLANNING BOARD OF SOUTHOLD BY RESOLUTFON OF APPROVAL DATED BY DATE CHAIRMAN, PLANNING BOARD THE WATER SUPPLy 6 SEWAGE DISPOSAL FACILJTIES FOR ALL LOTS IN THIS DEVELOPMENT COMPLY WITH THE STANDARDS AND REQUIREMENTS OF THE SUFFOLK COUNTY DEPARTMENT OF HEALTH. HOWARD W. YOL~G N.Y.~'. L.S. ROAD LINE WELL TYPICAL WELL DETAIL MINOR SUBDIVISION ELEANOR SIEVERNICH AT MATTITUCK TOWN OF SOUTHOLD SUFFOLK COUNTY NOV I 3 Iggl YOUNG 8, YOU ALDEN W, YOUNB, N,Y,S, P,E, 8 L,S, LIC, NO, 12845 HOWARD W, YOUNG, N,Y,S, L,S, LIC, NO, 45893 THOMAS C. WOLPERT, N,Y,S, P,E, LIC, NO, GI483 NAS LOCATION ~AP LOT AREAS: LOT UPLAND IWETLAND TOTAL 79449 SE 874 S,F 80323 S.F 74568SF 9105S. E~ 8367;5S.F "I HERESY CERTIFY THAT THIS MAP WAS MADE SY ACTUAL SURVEYS COMPLETED NOV. [5, IS88 AND THAT ALL CONCRETE MONUMENTS SHOWN THUS: · ACTUALLY EXIST AND THEIR POSITIONS ARB CORRECTLY SHOWN AND ALL DIMENSIONAL AND GEODETIC DETAILS ARE CORRECT." NOTE: L ·= MONUMENT 2. SUFFOLK COUNTY TAX MAP DIST. lO00 SECT. 113 BLK, 8 LOT S S. TOTAL AREA = i6S997 S.F. OR S.7648 ACRES 4. ELEVATIONS SHOWN HEREON ARE REFERENCED TO N.D.V.D. {MSL 19B9). 5. ZONING USE DISTRICT: R-80 RESIDENTIAL LOW DENSITY A NOTE' A DECLARATION OF COVENANTS AND RESTRICTIONS HAS BEEN FILED IN THE SUFFOLK COUNTY CLERK'S OFFICE IN LIBERIII08 PAGE 416 TEST HOLE "THIS IS TO CERTIFY THAT THIS SUBplVISION PLAN HAS BEEN APPROVED BY THE PLANNING BOARD OF SOUTHOLD BY RESOLUTION OF APPROVAL DATED CHAIRMAN~ PLANNING BOARD THE WATER SUPPLY G SEWAGE DISPOSAL FACILITIES FOR ALL LOTS IN THIS DEVELOPMENT CO·PLY WrTH tHe STANDARDS AND REQUIREMENTS OF THE SUFFOLK COUNTY DEPARTMENT Of HEALTH, HOWARD W. YOIJRG N.Y.~'. L.S. LIC, NO. 45895 E ROAD LINE WELL TYPICAL WELL DETAIL TYPICAL SEWAGE DISPOSAL SYSTEM MINOR SUBDIVISION ELEANOR SIEVERNICH AT MATTITUCK TOWN OF SOUTHOLD NAS , ' AS pER sURVeY BY r-' 692-1.B, '~'UL DATED APRIL 1~, ~964 BO.OI' ¢ RODER~CK VA~ ~' ~9~.~5' ~/O/F ~E ~m~Y ~ATTIT~'UOK ~R ~ .... : ~ 05'i~6 O0 .. ........~. BLOCK ~ FRA~[ ,, ~ ~ ,, o 1 sTORY , : ~ 320.39' ., , ,, 0~' 1 ~'00" W N/ /F ' ' ' DI~E coTUGNO " ' * JAMES , ~ ~/o/Y ' ~ JosEPH HARDY m BETTY ~. ~DY ]~/0~.