HomeMy WebLinkAbout4358
~
----
(j,eC:D< /f3,cJc,er
7'10 ",foR/if So/! JJR, ..:J"(Lr~o,,./)
5'1
.:r
/'1'
:# t!3.s-8
f?~.y.bt:-c'>-2-/71 re:.
H
f).s /54-/C7" ,.DEck" W,-rh /NSC..LI::';=. <5'/<>€y/1~
StZTfjAC!<' -( C,4 j
K.VZ.U'rS '~Dmrt.s
-cJ~9 - JCm{) 0/ ;('EaxJ5772uClDt.u5lJJiJG --GySd
Pf.f 3/,J9jo7 AAA ~JI1/07
.
APPEALS BOARD MEMBERS
Gerard E Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Lydia A. Tortora
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
Al)pl. No. 4358
ACTION OF TIlE BOARD OF APPEALS
AI'PLICANT: ROBERT E. GREEN DATE OF ACTION: February 7~ 1996
I,OCATION OF PROPERTY: 790 North Sca Drives Southold.
COUNTY TAX MAP DISTRICT 1000, SECTION 54, BLOCK 5, LOT 14.
BASIS OF APPEAl,: Notice of Disapproval issued by the Building Inspector
dated Nov. 21, 1995. "Deck addition "as built" ...does not have sufficient side
lot setbacks. Requirements are minimum of 15 ft. on one side with total
combination of 35 feet ....
PROVISIONS APPEALED FROM: Article IIIA~ Sections 100-30A.3.
RELIEF REQUESTED: Variables between a 14.25 side yard setback at the
northeast corner, and as close as a 5 ft. setback from easterly side property
line, for deck areas, built without building permit, and a portion with a
building permit, which shows deck variables extending from the edge of the
dwelling wall from 5' to 8'3" at its closest points, respectively, as shown on
sketch prepared 01-25-96 by East End Drafting & Design Drawing No. 431-SP-1.
REASONS/FiNDINGS: None for approval. It was noted that the deck addition
coald have been planned witheut a variance had appropriate permits been
ol)lab~ed for the areas under this variance. The motion for this action was
agreeable with the placement of a Condition that the owner must apply for a
variance before replacement or rebuilding of the deck areas within 15 feet of
the property linc for the reasons that thc difficulties claimed were
self-created.
MOTION MADE BY: G. Goehringer SECONDED BY: S. Doyen and J. Dinizio Jr.
ACTION/RESOLUTION ADOPTED: Granted with the condition that replacement
or reconstruction of the deck areas within 15 feet of the side property line
will requiro a new variance application before activities are commenced for
re-consideration by the Board of Appeals in this self-created difficulty.
VOTE OF THE BOARD: Ayes:
Villa, Lydia A. Tortora, and
board.
ZBA:Ik
Serge J. Doyen, James Dinizio Jr., Robert A.
Gerard P. Goehrin[gLeF_j_~co,n_~ABxtixq~atktm-~-
This resolution was unanimously adoptedi~-
.-, _ ., . -:-,--, ;; ,~,]% ~ ?-,~'[--~
OS1lFF0L C~
APPEALS BOARD MEMBERS
co i6 q Southold Town Hall COD Gerard P. Goehringer. Chairman W 1 53095 Main Road
Serge Doyen, Jr. P.O. Box 1179
James Dinizio. Jr. Southold, New York 11971
Robert A. Villa # Fax (516) 765-1823
Lydia A. Tortora Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
NOTICE OF HEARINGS
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law
and the Code of the Town of Southold, that the following applications will
he held for public hearings before the SOUTHOLD TOWN BOARD OF
APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York
11971, on WEDNESDAY, FEBRUARY 7, 1996, commencing at the times
specified below:
7:30 p.m. Appl. #4356 - MARTIN and CHRISTINE KOSMYNKA. This is a
request based upon the December 6, 1995 Notice of Disapproval issued by
the Building Inspector, in which applicant was denied a building permit to
construct an accessory garage building in the required front yard at less
than 35 feet at 1985 Pine Tree Road, Cutchogue; Parcel #1000-98-1-11.2.
This parcel consists of a size under 20,000 sq. ft., and the principal front
yard setback is shown under Article XXIV, Section 100-244B. (This is a
carryover from 1/10/96 to consider alternative locations.)
7:33 p.m. Appl. #4358 - ROBERT E. GREEN. This is an appeal based
upon the November 21, 1995 Notice of Disapproval from the Building
Inspector in which applicant applied for a building permit for the "existing
deck" and was denied under Article IIIA, Section 100-30A.3 of the Zoning
Code due to insufficient side yard setback and insufficient total side yards
at less than the required 35 feet. Subject premises contains a 38,900+-
square feet in lot area located in the R-40 Low-Density Residential Zone.
Page 2 - Legal Notice
Regular Meeting of February 7, 1996
Southold Town Board of Appeals
Location of Property: 790 North Sea Drive, Southold, NY; Parcel ID
#1000-54-5-14.
7:35 p.m. Appl. #4360 - PAT J. IAVARONE. This is a request, based
upon the January 18, 1996 Notice of Disapproval issued by the Building
inspector, in which applicant was denied a building permit to construct a
porch addition at less than the required minimum 15 ft. side yard, Article
XXIV, Section 100-244B of the Zoning Code. Location of Property: 996
West Road, Cutchogue, NY; Parcel ID #1000-110-7-3. This parcel consists
of nonconforming lot area of 34,000+- sq. ft.
7:40 p.m. Appl. #4361 - ESTATE OF MARY ANNA MUIR/SUSAN PARK UTZ.
This is a requested, based upon the January 24, 1996 Notice of Disapproval
issued by the Building Inspector, in which applicant was denied a building
permit to construct a single-family dwelling at less than the required
rearyard setback of 35 feet, Article XXIV, Section 100-244B of the Zoning
Code. This parcel consists of a nonconforming lot area of 12,318 sq. ft.
and is located at 295 Youngs Road, Orient, NY; Parcel ID #1000-18-1-12.
7:45 p.m. - Appl. #4359 - EDWARD E. WILLIAMS. This is an application
based upon the December 27, 1995 Notice of Disapproval issued by the
Building Inspector, wherein applicant has applied for a building permit to
construct a single-family dwelling and was denied due to insufficient front
yard setback from an abutting right-of-way/property line, Article XXIV,
Section 100-244B. This parcel contains a total lot area of 54,887 sq. ft..
located in an R-80 Residential Zone District, at 16315 Main Road, East
Marion, NY; Parcel ID #1000-23-1-12.1.
7:50 p.m. - Appl. of LOUIS MOORE BACON (ROBINS ISLAND). This is
an application based upon two Notices of Disapproval (dated October 31,
Page 3 - Legal Notice• •
Regular Meeting of February 7, 1996
Southold Town Board of Appeals
1995 and January 2, 1996) by the Building Inspector, the grounds for which
read as follows:
A.2 Boat House, B1.1 Garage, C.1 Recreation Building,
E.4 Garage with staff quarters: all exceed 18' height
limitation for accessory structures, Article III, Section
100-33A.
E.1 Family Vacation Home exceeds height limitation of 35
ft. as stated in the Bulk Schedule for an R-400 Zone (as
principal building).
E.1 Family Vacation Home, B.1 Lane House, C.7 Caretaker
Cottage, E.4 Garage with staff quarters: One Family Dwelling
not to exceed one (1) dwelling on each lot under Permitted
uses in an R-400 Zone. Action required by the Zoning Board
of Appeals... .
C4 (C4.1) Agricultural Compound. Under Article III -
One-family dwelling not to exceed one dwelling on each lot.
B1.2 Mechanical Services Building and B2.1 MacKay Garage
proposed to be in excess of the 18 ft. height limitation for
as accessory structures, Article III, Section 100-33A.
All accessory buildings which will contain living quarters
and/or exceed 18 ft. height limitation also will be
considered for variances. (Approvals required by the Zoning
Board of Appeals before building permits may be granted.)
Location of Property: Robins Island, near North Race of Great Peconic Bay,
Town of Southold, NY; County Parcel ID No. 1000-134-3-5, containing 434+-
acres.
Page 4 - Legal Notice • •
Regular Meeting of February 7, 1996
Southold Town Board of Appeals
The Board of Appeals will at said time and place hear any and all
persons or representatives desiring to be heard in the above applications.
Written comments may also be submitted prior to the conclusion of the subject
hearing. The above hearings will not start before the times designated, and
are in addition to other hearings. It is recommended that the file(s) be
reviewed before the scheduled date of the hearing for updates or new
information. If you have questions, please also do not hesitate to call
765-1809.
Dated: January 26, 1996. BY ORDER OF THE SOUTHOLD
TOWN BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
x
• FORM NO. 3 •
NOV 1 ;o%
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
Date ....UV(.... 7
PLEASE TAKE NOTICE that your application dated /00
for permit to
Location of Property 'tl o?q X4 ,P-~/~
House No. Street Ham/et
County Tax Map No. 1000 Section
......Block Lot
Subdivision Filed Map No. Lot No. . .
is ret ed herewith and disapproved on the following nds .
~C . . 1 160..
.mac l .
4... .
r V
~ ` .
Q~1~; ..lr AV . .
Building Inspect.
RV 1/80
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.
DATE
TO THE ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, N. Y.
(We) ...R.. obert E. Green of ......305 Whittier Avenue
N a me o . f A el ppeil......ont tree.........................
Street and Number
Floral Park HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
f
APPLICATION FOR PERMIT NO DATED ^ Gv I ~ 1.1a..~
WHEREBY THE BUILDING INSPECTOR DENIED TO
Paul A. Caminiti, Esq.
Name of Applicant for permit
of Main Road, P.O. Box 992 Southold NY
Street and Number Munici ? ah ry State
( ) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
(X) Keep deck addition "as, built"
. Se.a D...r.i.v.e .,...S.o . uth . o . l . d R-40 .
1. LOCATION OF THE PROPERTY .790.....Nor.th
Street /Ilamlet / Use District on Zoning Map
District 1000 Section 54Block 5 Lot 14 Rorert E. Green
_...........__......._.._.._....._-....._.._..........._..Current Owner
Mop No. Lot No. Prior Owner
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.)
Article 111A Section 100-30A.3
3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box)
(X) A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal (has) as 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 Appeal No .................................Dated
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3 tz r~W
( ) A Variance to the Zoning Ordinance
( ) 25 ey 5tS _
is requested for the reason that deck additionOoes not have sufficient side yard
setbacks. Appellant requests 5 foot setback, required minimum setback
is 15 feet with total side yard combination of 35 feet.
Forth zB1 (Continue on other side)
REASON FOR APPEAL Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because In accordance with Town Law Sect. 267 b-3, the standard to
be applied by this :mooning Board is to analyze and assess the personal benefits
anticipated by the applicant against the potentially deleterious effects that
a grant of the relief requested would have on the health, safety, and welfare
of the affected neighborhood or community. In performing this balancing test,
the Zoning Board is charged with the responsibility to condidce `shouldve
factors enumerated in Town Law Sect. 267-b(3)(b) T
granted for the following reasons:
1. No undesirable change will be produced in the character of the
neighborhood or detriment to nearby properties if the variance is granted.
The subject property is 208 feet from the front property line. Both adjacent
properties are developed and the homes are setback approximately 50 feet from
their front property line therefore the requested variance will have minimal
impact to the adjacent properties or affect the character of the neighborhood.
2. The benefit sought by the applicant can not be achieved by some method,
feasible for the applicant to pursue, other than an area variance. The deck
was inadvertently built in violation of setback and will comply only by
removal of offending structure. Removal of 10 feet off of the deck is
expensive, harsh and unnecessary when balanced with the effect on the
neighboring properties. (See continuation on attached sheet)
2. The hardship created is UNIQUE and is not shored by all properties alike in the immediate
vicinity of this property and in this use district because
SEE ATTACHED
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because
SEE ATTACHED
STATE OF NEW YORK ss
COUNTY OF SUFFOLK Signature
Sworn to this day of Januar.y 19 96
.
.
Notary Public
Reason-for Appeal Continued
Zoning Board of Appeals
Re: Robert E. Green
Page 2
1. 3. The area variance is not substantial when considered in light of the other factors to
be considered by the Board.
4. The variance will not have an adverse effect or impact on the physical or
environmental condtions in the neighborhood or district.
The land will be more disturbed if the deck is required to be removed. This lot and
the surrounding neighborhood is completely developed and this variance will not have an adverse
impact on the conditions in the neighborhood.
5. The dificulty was self-created in that it was built without a variance, however the
applicant had built the westerly side of the deck under permit #11200Z.
While this point will be considered by the ZBA, it does not preclude the granting
of the variance. See Clowry v. Town of Pawling, 202 AD2d 663, 609 NYS 2d 299 (AD21,
1994). In Clowry v. Town of Pawling, a garage was built without a variance and the ZBA's grant
of a variance was upheld by the Appellate Division. 'Oar
ignature
STATE OF NEW YORK )
ss.
COUNTY OF SUFFOLK )
fs
Sworn to this T T day of January, 1996
Notary Public
MARGARET C. RUTKOWSKI
Notary Public, state of New Yak
No. 4982529
Oual'.fiedinSu k 997
Commission Ey;k
`CARD
TOWN OF SOUTHOLD ADPERMRECOk"
/oao-s=4~- 5_/ _
OWNER STREET VILLAGE D15%BUILDING
u
W TYOT
FORMER OWNER N E' N.«t a
S - ~ , , 2T 4. s=; ~ ~
l{ C . _r ,
ARM COMM. IND. CB MISC. Est. Mkt Value
RES. ( SEAS. Q VL. F
LAND IMP. TOTAL. DATE REMARKS
5~ ca.~ C C~
f%
Ogg 21 Jrz~
OL-
v a /46
6 v o z (70 441- ooh'- tt./2 C Air
/cr z/n a iLbYiT~ CON TI - Z
1
NEW NORMAL- BELOW ABOVE FRONTAGE ON WATER
Farm Acre Value Per Acre Value FRONTAGE ON, ROAD w- a
Tillable 1 BULKHEAD :.3 a0 7 1
Tillable 2 DOCK
Tillable. 3
Woodland
Swampland
Brushland
r House Plot
lya ,
1 Total
t~
71
'T~ rt
~Y kc:. F
F AY } +
i c /o
z 3 Y7
f
I _ e
fi 1
I y.
• ~ ~ Vi°.h ~i C•H4{1'YJT'f • iZ, -PS' - I
M. Bldg. y ti i Foundation. Li Both
Basement G v L Floors
tExtension B F R
Ext., Walls Interior Finish
Ext
:Extension Fire Place G Heat
Porch Roof Type
Porch Rooms 1st Floor
i
k YO
' 7 y 6.Yi7 z /d2--j
Bree eta Patio ~3 Xv Rooms 2nd Floor
/6 /r i7z L Y - -
tiara - Driveway Dormer _
_ r . 396
-ST P
O. B.
~y . _
[.4y {
ba~w-wnwlww ~ -Yn.-..Y+_^-"~, av _.-•r'wwT-I_•_~+.•-m..--.~..-_~w.as1._v.•i~•vs.-Mw,F+aTa.n.--•+.n•~_n+'T_~•!..-~m-~--.r-.- ~ 'F.
Nit Y,. 5Ek Vf,-'t MAC EST Y
I
'a% Z4 a. 100.0
ll POLE
/iN/Illw.~
it tomb
uuryY.dMwnd-
~ I, ~ - 8adm710~dNIY.lYilt~
} I to .aea.wwrwerae.rr.a
, ~ 1,~ .wavWbuaewR
~p GusmbMYlosloOMla~ldl/111.
( I V - - / any blM preen Yrdon Maray
I`p1 O c`, Yprepre4seean plaWisYYM
wavwwm"ftw
i l7"* ~ WIIav GUaeanteas.n nol Y~l/IIrY
5CALE -.50 -1
u1 - c n_ Au rat a t? Ia~~P :low
dV=
31
`~Ftiy0. cs
xot4
COUNTY OF SUFFOLK
9
ROBERT J. GAFFNEY
SUFFOLK COUNTY EXECUTIVE
STEPHEN M. JONES, A.I.C.P.
DEPARTMENT OF PLANNING DIRECTOR OF PLANNING
r,
February 20, 1996
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) Municipal File Number(s)
'Green, Robert E. 4358
Williams, Edward E. 4359
Iavarone, Pat J. 4360
Estate of Mary Anna Muir/Susan Park Utz 4361
Very truly yours,
Stephen M. Jones
Director of Planning
S/s Gerald G. Newman
Chief Planner
GGN:pk
A1SD4354.W D
220 RABRO DRIVE • P.O. BOX 6100 • HAUPPAUGE, LONG ISLAND, NY 11]88{ID99 0 (516) 853-5190 • FAX (516) 853-4044
o~~SUFfO(~ co
APPEALS BOARD MEMBERS h`l` Gy
o Southold Town Hall
Gerard P. Goehringer, Chairman 53095 Main Road
Serge Doyen, Jr. Gy P.O. Box 1179
James Dinizio, Jr. 'hOj # ~a0 Southold, New York 11971
Robert A. Villa Fax (516) 765-1823
Lydia A. Tortora Telephone(516)765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
Pursuant to -Art-1cle XIV of the Suffolk County Administrative Code, The
Board of A=eals of the Town of Southold, New York, hereby refers the following
to the Suffolk County Planning Commission:
XX Variance from the Zoning Code, Article IIIA Section 100-30A.3
Variance from Determination of Southold Town Building Inspector
Special Exception, Article Section
Special Permit
Appeal No:4358 Applicant: Robert E. Green
Location of Affected Land: 790 North Sea Drive, Southold, NY
County Tax Map Item No.: 1000- 54-5-14
Within 500 feet of:
Town or Village Boundary Line
XX Body of Water (Bay, Sound or Estuary)
State or County Road, Parkway, Highway, Thruway
Boundary of Existing or Proposed County, State or Federally Owned Land
Boundary of Existing or Proposed County, State or Federal Park or other
Recreation Area
Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by
the County or for which the County has established Channel Lines, or
Within One Mile of a Nuclear Power Plant
Within One Mile of an Airport
Comments: Applicant is requesting pteS~tntks8aa11f td approval for
"existing deck" with insufficient side yard setback and total side
vards
Conies of sown rile and related documents enclosed for your review.
Dated: February 15, 1996
SOFF04
OG
APPEALS BOARD MEMBERS
C42 < Southold Town Hall
Gerard P. Goehringer, Chairman 1~ 53095 Main Road
Serge Doyen. Jr. y N- P.O. Box 1179
James Dinizio, Jr. ~O(# ~a~. r Southold. New York 11971
Robert A. Villa Fax (516) 765-1823
Lydia A. Tortora Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
February 13, 1996
Patricia C. Moore, Esq.
P.O. Box 23
Mattituck, NY 11952
Re: Appl. No. 4358 - Variance (Robert Green)
Dear Mrs. Moore:
Please find enclosed a copy of the February 7, 1996
determination rendered by the Board of Appeals in the above
matter. A copy of this determination has been transmitted to the
Town Building Department pertaining to the owner's pending building
permit application request. However, it will be necessary for you to
contact the Building Department (765-1802) to be sure your
application request is in complete form and returned to the shelf for
re-activation.
Also, due to the proximity of this project within 500 feet of a
waterway, State or County Road, the Suffolk County Department of
Planning is conducting its review, which is expected to be left for
local (Town) determination without further steps on your part.
If you have any questions, please feel free to call.
Very truly yours,
Linda Kowalski
Enclosure
Copies of Decision to:
Building Department
Suffolk County Department of Planning
~oSUFFOt,~~ ~
APPEALS BOARD MEMBERS h~0 OG'A
COD ` Southold Town Hall
Gerard P. Goehringer, Chairman 53095 Main Road
Serge Doyen, Jr. °y~ • 0~~ P.O. Box 1179
James Dinizio, Jr. Oj z v0 ti Southold, New York 11971
Robert A. Villa ~T d' fi Fax (516) 765-1823
Lydia A. Tortora Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
Appl. No. 4358 ACTION OF THE BOARD OF APPEALS
APPLICANT: ROBERT E. GREEN DATE OF ACTION: February 7, 1996
LOCATION OF PROPERTY: 790 North Sea Drive Southold.
COUNTY TAX MAP DISTRICT 1000, SECTION 54, BLOCK 5, LOT 14.
BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector
dated Nov. 21, 1995. "Deck addition "as built" ...does not have sufficient side
lot setbacks. Requirements are minimum of 15 ft. on one side with total
combination of 35 feet....
PROVISIONS APPEALED FROM: Article 1IIA, Sections 100-30A.3.
RELIEF REQUESTED: Variables between a 14.25 side yard setback at the
northeast corner, and as close as a 5 ft. setback from easterly side property
line, for deck areas, built without building permit, and a portion with a
building permit, which shows deck variables extending from the edge of the
dwelling wall from 5' to 8'3" at its closest points, respectively, as shown on
sketch prepared 01-25-96 by East End Drafting & Design Drawing No. 431-SP-1.
REASONS/ FINDINGS: None for approval. It was noted that the deck addition
could have been planned without a variance had appropriate permits been
obtained for the areas under this variance. The motion for this action was
agreeable with the placement of a Condition that the owner must apply for a
variance before replacement or rebuilding of the deck areas within 15 feet of
the property line for the reasons that the difficulties claimed were
self-created.
MOTION MADE BY: G. Goehringer SECONDED BY: S. Doyen and J. Dinizio Jr.
ACTION/RESOLUTION ADOPTED: Granted with the condition that replacement
or reconstruction of the deck areas within 15 feet of the side property tine
Will require a new variance application before activities are commenced for
re-consideration by the Board of Appeals in this self-created difficulty.
VOTE OF THE BOARD: Ayes: Serge J. Doyen, James Dinizio Jr., Robert A.
Villa, Lydia A. Tortora, and Gerard P. Goehringer, eonstitcriiig ee ell
board. This resolution was unanimously adopted.
ZBA: Ik
t
r - -
r
y~ Vincent A. Fischetti
448 Joan Court
'i West Hempstead, NY 11552
Pho:516-485-7950 ,
Fax: 212-327-7584
January 11, 1996
Mr. Gerald P. Goehringer, Chairman
Southold Zoning Board of Appeals
Town of Southold
Main Road
Southold, NY 11971
Re: Variance application of Robert E. Green
Premises: 790 North Sea Drive, Southold, NY
Dear Mr. Chairman:
As the neighbor located on the easterly side of 790 North Sea Drive, I am responding to
the variance request by Mr. Green for his existing deck to be 5 feet from the easterly
property line.
I have no objection to a variance being granted for the existing deck while in the
possession of Mr. Green or any subsequent owner. To remove the deck would be a
hardship. However, I respectfully request that the Board restrict any variance granted to
this existing deck. If any future renovations to the deck or home be requested from the
s Building Department, I request that the renovations include the relocation of said deck to
S[ conform to zoning regulations to allow more privacy for both our homes.
If the Board judges to grant the variance without taking into account this restriction, I ask
that the Board consider that any new or renovated deck be restricted to the same height
and dimensions of the existing deck in question.
Very truly s,
Vincent A. Fischetti
830 North Sea Drive
Southold, NY 2,15
Z/J (4 1 b - 't G y) J~a~ / 7/z l1,
FX
• ~~SUFFO(~-~
APPEALS BOARD MEMBERS
Cz Southold Town Hall
Gerard P. Goehringer, Chairman coo
„ 53095 Main Road
Serge Doyen, Jr. P.O. Box 1179
James Dinizio, Jr. Southold, New York 11971
Robert A. Villa Fax (516) 765-1823
Lydia A. Tortora Telephone (516) 765-1809
BOARD OF APPEALS ~64
TOWN OF SOUTHOLD '00J , Al,
G16,~
9
BOARD OF APPEALS:TOWN OF SOUTHOLD
-----------------------------------x YYY
In the Matter of the Application
of
Robert E. Green
------------------------------------x
CONFIRMATION OF POSTING
1, Patricia C. Moore , residing at 47n Torrv T anc
Southold, New York ,
being duly sworn, depose and say:
That on the 2PIday of T,rr-c J 1994 , I personally posted
the properly known as " 790 North Sea Drive, Southold ,
NY" by placing the Town's official poster Notice on either a stake,
fence, or other post near the driveway entrance into the property,
on the applicant's property where it can be easily seen by passersby,
and that the poster has remained in place at least ten (10) days
prior to the date of the public hearing (date of hearing noted
thereon to be held February 7, 1996.)
Dated: 1~1,61e? j 7 ]99~.
((JJ .,4 (signature)
MARGARET C.RUTKOWSKI
Notary Public, State of Now York
No. 4982528
Jual:9ed in SuHc!k County
Corr-,; ,°zaires June 7.1997
Bob VhCs How Improvexents N
CUSTOM HOMES
Robert A. Kehl DATE 6,%' y6
28545 Main Road
Orient, NY 11957
Tel: (516) 323-3527
CUSTOMER
tna J~~ E N tyc-,S • OsF v c' €
Ale) /f 7-1Y 5,e74 ®k 'l do
cS~uTyoc® , N•y
fit
DESCRIPTION CONTRACT[:] ESTIMATE N BILL ? AMOUNT
Fi F uR i v e F 0,f eA i9-5 To .LC
`/3cuJ/<O LJ SST/", CKf
a, w s
3 ,E' vi Fc , . f
N,Csi, eP0 !6t S
S; /V/C-
Al w S'; S 5 AC
^471,8 is Bon° Soc 0c
k S Oy 5-
/~i/l%rrP~i4c.s ~-<A6 000 ou
y ,
r f
ofSnu o0
TOTAL
FOR ALL JOBS REQUIRING MATERIALS IN EXCESS OF 5100.00, AN ADVANCED PAYMENT
OF 50% OF TOTAL ESTIMATED PRICE IS REQUIRED PRIOR TO COMMENCEMENT OF WORK
L
` 4
U
PATRICIA C. MOORE
Attomey at Law
315 Westphalia Road
P.O. Box 483
Mattituck, New York 11952
Tel: (516) 298-5629 J a n/j
v 15
Fax: (516) 298-5664
L1 4030
S
January 30,1996
Southold Town Zoning Board of Appeals
Southold Town Hall
Main Road
Southold, 11971
RE: Variance Application of Robert E. Green
Dear Linda,
Enclosed please find five prints of the existing deck on the
above referenced application. The property has been posted with
the notice of the hearing and I will submit my confirmation of
posting at the hearing on February 7,1996.
If there is anything else you need please do not hesitate to
contact me.
Ve rul yours,
i
Patricia C. Moore
encls.
cc: Robert E. Green 0 S
W" ~ r"lU
j)tA 4
Ar-~&~ V
JW 3oft
January 1996
Zoning Board of Appeals
Town of Southold
Southold Town Hall
Main Road
Southold, NY 11971
Re: Variance application of Robert E. Green
Premises: 790 North Sea Drive, Southold, NY
Dear Zoning Board of Appeals:
We own property adjacent to the above referenced premises. We support Mr. Green's
application for a variance for an existing deck at his premises.
Very truly ours,
C
t
1 )
r.
TOWN OF SOUTHOLD, NEW YORK
APPEAL NO.
APPEAL FROM DECISION OF BUILDING INSPECTOR
DATE
TO THE ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, N. Y.
4gT(LiC_lk c'• MO f ......305..Whittier Avenue
(We) Robert Green,,,,„•,•,,,........ o Street and Number
Name of Appellant
Municipality N Y ................HEREBY APPEAL TO
Floral Park
State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
DATED .......................9..~.~~(!..
APPLICATION FOR PERMIT NO .
WHEREBY THE BUILDING' INSPECTOR DENIED TO
Paul A. Caminiti, Esq.
" Nome of Applicant for permit NY
of main Road, P•0• Box 992 Southold
Municipality State
Street and Number
( ) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
(X) Keep deck addition "as. built"
790 North Sea Drive, SOUthbld R-40
. Use .
let
. District on Zoning MaP
LOCATION OF THE PROPERTY Street Ham..
District 1000 Section 54Block 5 Lot 14 Current Owner Robert E. Green
Map No. --...Lot No... .
Prior Owner
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.)
Article 111A Section 100-30A.3
made herewith for (please check appropriate box)
3. TYPE OF APPEAL Appeal is
(X) A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
, revious appeal (has) as not been mode with respect to this decision
' 4. PREVIOUS APPEAL A p
of the Building Inspector or with respect to this property.
Such appeal was ( ) request for a special permit
( ) request for a variance
......Dated
and was made in pP
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
( ) A Variance to the Zoning Ordinance
( ) a5 QY15~5
Is requested for the reason that deck additionkdoes not have su-ff icientmssetbacrd
setbacks. Appellant requests 5 foot setback, req
is 15 feet with total side yard combination of 35 feet.
Form znt (Continue on other side)
REASON FOR APPEAL Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sory HARDSHIP because In accordance with Town Law Sect. 267 b-3, the standard to
be applied by this Zoning Board is to analyse and assess the'personal benefits
anticipated by the applicant against the potentially deleterious effects that
a grant of the relief requested would have on the health, safety, and welfare
of the affected neighborhood or community. In performing,this balancing test,
the Zoning Board is charged with the responsibility to condiderthhe fivee
factors enumerated in Town Law Sect. 267-b(3)(b). The variance should be
granted for the following reasons:
1. No undesirable change will be produced in the chiiaaeter of the
neighborhood or detriment to nearby properties if the variance is granted.
The subject property is 208 feet from the front property line. Both adjacent
properties are developed and the homes are setback approximately 50 feet from
their front property line therefore the requested variance will have minimal
impact to the adjacent properties or affect the charagter,of the neighborhood.
2. The benefit sought by the applicant can not be achieved by some method,
feasible for the applicant to pursue, other than an area variance. The deck
was inadvertently built in violation of setback and will comply only by
removal of offending structure. Removal of 10 feet off of the deck is
expensive, harsh and unnecessary when balanced with the effect on the
neighboring properties. (See continuation on attached sheet)
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
SEE ATTACHED
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because
SEE ATTACHED
I
STATE OF NEW YORK )
ss
COUNTY OF SUFFOLK ) Signature .
Sworn to this day of........... January 19 96
Notary Public
s
A
'l+'1, 1 CLB .
1
a r j
t 1
r wic
I Y:. ~lr M1i
H
1
I
~.~.y r 59 Q •~Ptt S.L~'Cl A[tFf
1 ; O7
CJl`31:...
Cr1llf71r7 3 " l1CA~1 ;
` (l
was de~ a building permit ferred to as Lot 76 a~ontain- _hearings will not start before
BOARD OF APPEALS toconstnTetaporch addition at ing less than 20,000 sq. ft in the times designated, and are
TOWN OF SOUTHOLD less than the required minimum area. Street Address: 450 and in addition to other hearings. It
15 ft. side yard, Article XXIV, 350 Old Shipyard Road, is recommended that the file(s)
NOTICE OF HEARINGS Section 100-244B of the Zon- Southold, NY; County Tax be reviewed before the sched-
ing Code. Location of Property: Map Parcel No. 1000-64-2-47 uled date ofthe hearing for up-
996 West Road, Cutchogue, and Parcel 10000-64-2-48 dates or new information. If
NOTICE IS HEREBY
NY; Parcel co 110-7-3. transferred by deed on 6/7/90 you have questions, lease also
GIVEN, pursuant to Section P
This parcel consists sists of noncon-
from Shanks to Chairamonte ! I do not hesitate to call 765-
267 of the Town Law and the forming lot area of34,000±sq. )
code of the Town of Southold, , B Zone District: R-40 Residen- 1809.
that the following applications ft' tial. Dated: January 26, 1996
7:40 p.m. Appl. #4361-ES
will be held for public hearings 7:55 P•m: APPI No. 4354- BY ORDER OF THE
before the SOUTHOLD TATE OF MARY ANNA LOUIS MOORE BACON I SOUTHOLD TOWN
MUIRISUSAN PARK UTZ. (ROBINS ISLAND).
TOWN BOARD OF AP- This is BOARD OF APPEALS
This is a request, based upon an a Itcation based upon two GERARD P.
PEALS, at the Southold Town PP the J 24 1996 Hall, 53095 Main Road, Drsaapproval p roval , issued by th slued by the OR R Ndtices of Disapproval, the GOEHRINGER CHAIR-
Dis
Southold, New York 11971, on' grounds for which read as fob MAN
.WEDNESDAY, FEBRU- Building Inspector, in which lows: By Linda Kowalski
(
ARY 7,1996, commencing at applicant was denied a build- A2 Boat House, B. I Lane IX-2/1/96
thetimess cifedbelow:mg permit to construct a single- Lodge, B1.1 Garage, B.2
7:30 p.m. Appl. #4356- family dwelling at less than the I MacKay Cottage; C.1 Recre)
MARTIN and CHRISTINE required rearyard setback of 35 ation Building; EA Garage with
feet, Article XXIV, Section staff quarters, B12 Mechani-
KOSMYNKA. This is a re~lp 100-2448 of the Zoning Code. cal Services Buildin and B2.1
quest based upon the Decem- This parcel consists of a non- g
ber 6, 1995 Notice of Disap- MacKay Garage, will exceed
issued by the Building conforming lot area of 12,318 I S' height limitation for
proval acces-
Inspector, in which applicant sq. ft. and is located at 295 sory structures, Article III, Sec-
was denied a building permit Youngs Road, Orient, NY; Par- tion 100-33A.
to construct an accessory ga- cel ID #1000-18-1-12. E.1 Family Vacation Homer
building in the required 7:45 p.m. Appl. #4359 exceeds height limitation of 35
rage front yard n less than 35 feet EDWARD E. WILLIAMS. ft. as stated in the Bulk Sched-
This is an application based
at 1985 Pine •Tree Road, uleforan R-400 Zone (as Prin-
Cutchogue; Parcel #1000-98-1- upon the December 27, 1993 cipal building).
11.2. This parcel consists of a Notice of Disapproval al issued E.1 Family Vacation Home,
by the Building Inspector,
size under 20,000 sq. ft., and B.1 Lane Lodge, C4 (C4.1)
the principal front yard setback wherein applicant has applied Agricultural Compound, C.7
is shown under Article XXIV, fora building permit to con- a single-family Caretaker Cottage, EA Garage struct Section 100-244B. (This is a and was denied due to dwelling with staff quarters: One Fam-
carry-overfrom 1/10/96 to con- and kfrom - ily Dwelling not to exceed one
sider alternative locations.) an abutting front yard setback from (1) dwelling on each lot under
7:33 p.m. Appl. #4358- erty line, any line, Article g Artic rticttle -of-- XXIV, Sec- - Permitted uses in an R-400
ROBERT E. GREEN. This is tion 100-244B. This parcel Zone. Action required by Zon-
an appeal based upon the No7it contains a total lot area of ing Board of Appeals...
vember21, 1995 Notice ofDis All accessory buildings
54,887 sq. ft located in an R- I
approval from the Building In- 80 Residential Zone District, at which will contain living quar-
spector in which applicant ap- 16315 Main Road, East ters and/or exceed 18 ft. height
plied for a building permit for Marion, NY: Parcel ID #1000- limitation also will be consid-
I
the"existing deck" and was de- 23-I-12.1. ered for variances. (Approvals
nied under Article IIIA, Sec- 7:50 p.m. Appl. No. 4362- required by the Zoning Board/
tion 100-30A.3 of the Zoning LEWIS B. SHANKS. This is of Appeals before building per-
Code due to insufficient side a request for, the grant of a mits may be granted.)
yard setback and insufficient waiver as provided by Article Location of Property: Rob-
total side yards at less than the II, Section 100-26 in this ins Island, near North Race,
required 35 feet. Subject pre- merger of land as determined Great Peconic Bay, Town of
mises contains a 38,900± in the January 22, 1996Notice.0 Southold, NY; Parcel #1000-
square feet in lot area located of Disapproval issued by the 134-3-5, containing ,434±
in the R-40 Low-Density Resi- acres.
Building Inspector concerning
land concerning of 2
dential Zone: Location of Prop- a vacant parcel The Board of Appeals will ~ n I5
~MN
erty: 790 North Sea Drive, at said time and place hear any
Southold, NY; Parcel ID 11,250 sq. ft., which land has
been held in common owner- and all persons or representa-
41000-54-5-14. ship with adjacent land during tives desiring to be heard in the
1:35 p.m. Appl. #4360-G a period of time commencing above applications. Written FJ
PAT J. IAVARONE- This is ' July 1, 1983. The subject land comments may also be submit- II
' a request, based upon the Janu- is referred to as Lot 77 on the red prior to the conclusion of V
ary I8, 1996 Notice of Disap- map of Founders Estates, and the subject hearing. The above
proval issued by the Building the land adjacent thereto is re- I
Inspector, in.which applicant j
COUNTY OF SUFFOLK
STATE OF NEW YORK ss:
Joey Mac Lellan, being duly sworn, says that
he is the Editor, of the TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in Suf-
folk County; and that the notice of which the
annexed is a printed copy, has been published
in said Traveler-Watchman once each week for
wks
successively, comm ncing on the
day of ?.................,19!e.
o/
Sworn to before this....... / day of
.................................................,19.!.
. ...:C=w....~..G-.....
Notary Public
BARBARA A. SCHNEIDER
NOTARY PUCLIC, State of New York
r4o. !ZC-946
Qua;T d in Su'Nk'County
Comn,ission Expires 8pl?6
FEB - 5 ! I
ig
a
APPEALS BOARD MEMBERS ~O~pS~ffO(,f C'O SCOTT L. HARRIS
G
Supervisor P. Goehringer, Chairman o° y<~ H
Serge Doyen, Jr. • Town Hall, 53095 Main Road
James Dinizio, Jr. P.O. Box 1179
Robert A. Villa y~Oj # ~0p~ Southold, New York 11971
Richard C. Wilton Fax (516) 765-1823
Telephone (516) 765-1809 BOARD OF APPEALS Telephone (516) 765-1800
TOWN OF SOUTHOLD
January 25, 1996
Patricia C_ Moore, Esq.
P. 0. Box 23
Mattituck, NY 11952-0023
Re: Appl. No. 4358 - Robert E. Green (Variance)
Dear Mrs. Moore:
Please find enclosed a copy of our Legal Notice published in this week's
bypublication of the Long Island Traveler. The public hearing has been
noticed for Wednesday night, February 7, 1996 at 7:33 p.m. at the Southold
Town Hall (court room).
At this time please have the enclosed Notice posted at the property (on a
take or tree on the premises and within 10 feet of the road entrance, where it
can be easily seen by passersby). It is expected that Board Members will
individually be in the area and view the neighborhood over the new few
days.
Please complete the attached Confirmation of Posting, sign and return it
to our office either by mail or hand delivery for our update and permanent
file after the Notice has been posted for the required 10 days.
Very truly yours,
Linda Kowalski
Enclosures
NOTICE OF HEARING
R fLI V G
NOTICE IS RE Y ublic a in 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 RECOR
0 ~~T
DATE OF PUBLIC HEARING:
E713 qi 0330
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 during normal
business days between the hours of 8 a.m. and 4 p.m.
BOARD OF APPEALS • TOWN OF SOUTHOLD • (516) 765-1809
• ~~gUFFO(~-C
APPEALS BOARD MEMBERS
Southold Town Hall
Gerard P. Goehringer. Chairman 53095 Main Road
Serge Doyen, Jr. P.O. Box 1179
James Dinizio, Jr. Southold, New York 11971
Robert A. Vila Fax (516) 765-1823
Lydia A. Tortora Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
January 9, 1996
Patricia C. Moore, Esq.
315 Westphalia Road
P.O. Box 23
Mattituck, NY 11952-0023
Re: Applications for (1) Green and (2) Williams
Dear Mrs. Moore:
As a follow-up to our telephone request, we note that the
following was not included with your submission and will be necessary:
1. Original map or survey from which the photocopies were
made showing scale, preparation date, and preparer's name. (The
copies given in both applications appeared to be without this
nformation or figures were somewhat illegible. )
~l
2. In addition to #1, and regarding only the Green application,
plea submit a rough sketch showing all dimensions of existing deck
areas.
3. Effective December 28, 1995, local law requires notice to be
given to property owners across streets or rights-of-way opposite the
subject parcel. (If notice has been given in this respect, please
disregard this paragraph.)
Please forward the above as early as possible. Upon receipt, we
will transmit posters to you (for physical placement before Janu-
ary 28th). (Also, did you or Bill want to furnish a Disclosure as
required for all Town employees associated with relatives or others
T making application before an agency of the Town.)
Very truly yours,
Linda Kowalski
MOORE & MOORE
Attorneys at Law
315 Westphalia Road
P.O. Box 23
Mattituck, New York 11952
Tel: (516) 298-5674
Fax: (516) 298-5664
William D. Moore
Patricia C. Moore
January 5, 1996
BY HAND
Southold Town Zoning Board of Appeals
Southold Town Hall
Main Road
Southold, NY 11971
Re: Variance Application of Robert E. Green
Dear Ladies/Gentlemen:
Enclosed please find the following for the above referenced
matter:
1. Notice of Disapproval
2. Application
3. Notice to Adjoining Property Owners Form
4. Environmental Assessment Form
5. Z.B.A. Questionnaire
6. Four copies of a survey
7. Authorization letter by Robert E. Green
8. Filing fee check
Please place this matter on your hearing calendar. Thank you.
Very truly yours,
Patricia C. Moore
PCM/mr
Encls.
gUFF0tA-c
APPEALS BOARD MEMBERS h`t~ ~Gy
C2 Southold Town Hall
Gerard P. Goehringer, Chairman W 53095 Main Road
Serge Doyen, Jr. y • P.O. Box 1 179
James Dinizio, Jr. Southold, New York 11971
Robert A. Villa Fax (516) 765-1823
Lydia A. Tortora Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD February 7, 1996
TYPE II ACTION DECLARATION
Appeal No. 4358
Project/Applicants: Robert E. Green
County Tax Map No. 1000- 54-5-14
Location of Project: 790 North Sea Drive, Southold, NY
Relief Requested/Jurisdiction Before This Board in this Project:
Approval of existing deck with insufficient side yard setback and
total side yards at less than the required 35 feet.
This Notice is issued pursuant to Part 617 of the
implementing regulations pertaining to Article 8 of the N.Y.S.
Environmental Quality Review Act of the Environmental
Conservation Law and Local Law $44-4 of the Town of Southold.
An Environmental Assessment (Short) Form has been
submitted; however, Section 617.13 of 6 NYCRR Part 616, and
Section 8-0113 of the Environmental Conservation Law, this
variance application falls under the Type II classification as
established by law. Further, this Department may not be an
involved agency under SEQRA {Section 617.13(a) as amended
February 14, 1990)..
Although this action is classified as Type II for this
variance application under SEQRA {specifically 617.13, 616.3(j),
and 617.2(jj)), this determination shall have no affect upon any
other agency's interest or SEQRA determination as an involved
agency.
For further information, please contact the office of the
Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at
(516) 765-1809.
Original posted on Town Clerk Bulletin Board, Town Hall
Copies to applicant or his agent and individual board members.
Copy placed in ZBA project file for record purposes.
6 ~~gUFFOL eOG •
JUDITH T. TERRY Town Hall, 53095 Main Road
TOWN CLERK H Z P.O. Box 1179
F Southold, New York 11971
REGISTRAR OF VITAL STATISTICS Fax (516) 765-1823
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER Telephone (516) 765-1800
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TO: Zoning Board of Appeals
FROM: Office of the Town Clerk
DATE: January 16, 1996
RE: Zoning Appeal Appl. No. 4358 - ROBERT E. GREEN
Transmitted herewith is Zoning Appeal Appl. No. 4358 - ROBERT E. GREEN
together with Notice of Disapproval from the Building Department, a letter
from Patricia Moore dated January 5, 1996, a letter from Robert E. Green
dated December 29,1995, the Notices to Adjacent Property Owners,a site plan,
the Short Environmental Assessment form, the Zoning Board of Appeals'
Questionnaire, and a Survey Map of the property.
Judith T. Terry
Town Clerk
Reason-for Appeal Continued
Zoning Board of Appeals
Re: Robert E. Green
Page 2
1. 3. The area variance is not substantial when considered in light of the other factors to
be considered by the Board.
4. The variance will not have an adverse effect or impact on the physical or
environmental condtions in the neighborhood or district.
The land will be more disturbed if the deck is required to be removed. This lot and
the surrounding neighborhood is completely developed and this variance will not have an adverse
impact on the conditions in the neighborhood.
5. The dificulty was self-created in that it was built without a variance, however the
applicant had built the westerly side of the deck under permit #I 120OZ.
While this point will be considered by the ZBA, it does not preclude the granting
of the variance. See Clowrv v. Town of Pawling, 202 AD2d 663, 609 NYS 2d 299 (AD21,
1994). In Clowry v Town of Pawling, a garage was built without a variance and the ZBA's grant
of a variance was upheld by the Appellate Division.
ignature
STATE OF NEW YORK )
ss.
COUNTY OF SUFFOLK )
Sworn to this T T day of January, 1996
Notary Public
MARGARET C. RUTKOWSKI
Notary Public, State of New Yak
No. 49UM
ouaC9ed in Subkcoa+Y 9
commission EVj=June 3,19
BOARD OF APPEALS. TOWN OF SOUTHOLD
In the Matter or the Petition of
Robert E. Green NOTICE
TO
to the Board of Appeals of the Town of Southold ADJACENT
Vincent A. & Barbara Fischetti PROPERTY OWNER
TO: 448 Joan Court, West Hempstead, NY 11552
Steve & Olga Tenedios James & Barbara Teatom Clifford M. Smith & wife
58 Snyder Rd. 38 Frankel Road 11 Edna Court
Englewood Cliffs, NJ 07632 Massapequa, NY 11758 Valley Stream, NY 11.580
YOU ARE HEREBY GIVLN NOTICE:
1. That it is the 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 adjacent to your property and is Iles-
cribed as follows: 790 North Sea Drive, Southold, New York 11971
3. That the property which is the subject of such Petition is located in the following zoning district:
R-40
4 That h~ such Petition, the undersigned will request the following relief: variance from
sideyard setback for existing deck to locate deck 5 feet from easterly
property line
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are Article 111A Section 100-30 A.3
[ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way.
6. That within five days front the date hereof, a written Petition requesting the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there
examine the same during regular office hours. (516) 7d5-1809.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such
hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the
Town of Southold and designated for the publication of such notices; that you or your representative have the
right to appear and be heard at such hearing.
Dated: January 3, 1996
Patricia C. Moore, Esq.
Petitioner
Owners'Names: Robert E. Green
Post Office Address
P.O. Box 23
Mattituck, NY 11952
Tel. No. (516 ) 298-5674
[Copy of sketch or plan showing proposal to be atta-c'h'ed for convenience
purposes.]
PROOF OF MAILING OF NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
NAME ADDRESS
Vincent A. & Barbara Fischetti 448 Joan Court, West Hempstead, NY 11552
Steve & Olga Tenedios 58 Snyder Road, Englewood Cliffs, NJ 07632
James & Barbara Teatom 38 Frankel Road, Massapequa, NY 11758
Clifford M. Smith & wife 11 Edna Court, Valley Stream, NY 11580
J
STATE OF NEW YORK )
COUNTY OF SUFFOLK) ss.:
Margaret Rutkowski residing at Theresa Drive, Mat , k NY
being duly sworn, deposes and says that on the 3rd day
of January 19 96 deponent mailed a true copy of the Notice set forth on the re-
verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective
names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on
the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of-
fice at Mattituck, NY ; that said Notices were mailed to each of said persons by
(certified) (Rc?j;1SNX" mail.
Margaret Rutkowski
Sworn to before me this 3rd
day of anuar 19 96
Notary Public
PATHICiA C. MOORE
Notary Public, State of New York
Suffolk County - No. 48616~)~
Commiasion Eq*es June 16, y_
(This side does not have to be completed on form transmitted to adjoining
property owners.)
Z 320 891 010 Z 320 890 1
Receipt for Receipt for j'
Certified Mail Certified Mail
No Insurance Coverage Provided No Insurance Coverage Provided
Do not use for International Mail -
: s Do not use for International Mail
ru
a (See Reverse) roa...p:E..zr (See Reverse)
Sent m M Sent to
Barbara Fischetti ? Steve & Olga Tenedios
L Street d No. t Street and No.
s 446 Joan Court
re m 58 Snyder Road 32
PWev{S an pS t e a , N M P 0., State and ZIP Code
C 1155 c Englewood Cliffs, NJ
00 Postage
M $ , C QO Postage $ Ain'~ i S*
J
M
p Certified Fee -1.10
1 10 p Certified Fee Special Deoov Fee I.I. N Special Delivery Fee j
4 Restricted Delivery Fee d Restricted Delivery Fee
c9
Return Receipt Showing Return Receipt Showing
to Whom & Date Delivered to Whom & Date Delivered
Return Receipt Showing to Whom` Return Receipt Showing to Whent
Date, and Addressee's Address Date, and Addressee's Address
TOTAL Postage $ *POW/ i f TOTAL Pi
& Fees tl~ & Fees Is *F-I
Postmark or Date 70 r Date
z 320 890 940 Z 320 890 939
Receipt for Receipt for
Certified Mail Certified Mail
No Insurance Coverage Provided No Insurance Coverage Provided
Do not use for International Mail I Do not use for International Mail
ISee Reverse) --.wIE (See Reverse)
SJames & Barbara Teato sentw
Clifford M. Smith & Wife
Str t and No L Sheet and No.
Frankel Road m 11 Edna Court
P.0 , State and ZIP Code P 0 State and ZIP Code
c Massapequa, NY 11758 c Valle Stream, NY 11580
Postage $ . CIO
Postage s.S.S
o cerrdied Fee 10 o Certified Fee
1 1 .10
rp Special Demers Fan U. Specie, Denvery Fee
a a
Restricted Delivery Fee p) Restricted Dellverv Fee
Rewrn Receipt Showing Return Receipt Showing
to Whom & Date Delivered to Whom & Dare Denvered
Return Receipt Showing to WM1Om... Return Receipt SM1awmg to Whom
Date, and Addressee's Atldress Date, and Addressee's Address
TOTAL & Fees Postage 9 b & Fees Poste g_ Is low) -
Postmark or Date Postmark or Date
PATRICIA C. MOORE l
Attomey at Law
315 Westphalia Road C 2
P.O. Box 23
Mattituck New York 11952
Tel: (516) 298-5674
Fax: (516) 298-5664
January 16, 1996
Southold Town Zoning Board of Appeals
Southold Town Hall
Main Road
Southold, NY 11971
Attention: Linda
Re: Variance Application of Robert E. Green
Dear Linda:
Enclosed please find Notice to Adjacent Property Owner that
was sent to the property owners across the street from the Green
property. As per your request, a sketch of the deck with
dimensions is being prepared.
Very truly yours,
Patricia C. Moore
By: Margaret Rutkowski,
Secretary
/mr
Enc.
PATRICIA C. MOORE 0
Attorney at Law
315 Westphalia Road
P.O. Box 23
Mattitock, New York 11952 I~I ! 1
I
Tel: (516) 298-5674
Fax: (516) 298-5664
January 16, 1996
Southold Town Zoning Board of Appeals
Southold Town Hall
Main Road
Southold, NY 11971
Attention: Linda
Re: Variance Application of Ellen and Edward E. Williams
Dear Linda:
Please be advised that Ellen and Edward E. Williams own the
property across the street from their property which is the subject
of this variance application therefore, a Notice to Adjacent
Property Owner need not be sent to themselves. The only other
owners across the street that would be entitled to the Notice to
Adjacent Property Owner would be Adolfo and Felicita Alayon who
have already been sent the Notice because they also own the
property adjacent to the Williams.
If you have any questions, please do not hesitate to contact
us.
Very truly yours,
Patricia C. Moore
By: Margaret Rutkowski,
Secretary
/mr
BOARD OF APPEALS. TOWN OF SOUTHOLD
In the Matter or the Petition of
Robert E. Green NOTICE
TO
to the Board of Appeals of the Town of Southold ADJACENT
TO: Claude and Patricia Lair PROPERTY OWNER
23 Rue Claude Monet
Residence des Trois Froen ,
Bougibal, France 78380 t
'YOU ARE HEREBY GIVEN NOTICE:
1. That it is the intention of the undersigned to petition the Board of Appeals of The Town of Southold
torequest a Variance (Special Exception) (Special Permit) (Other) [circle choice)
)
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: 790 North Sea Drive, Southold, New York 11971
3. That the property which is the subject of such Petition is located in the following zoning district:
R-40
4 That by such Petition, the undersigned will request the following relief: variance from
side yard setback for existing deck to locate deck 5 feet from easterly
property line
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are Article 111A Section 100-30 A.3
[ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way.
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there
exafnine the same during regular office hours. (516) 7d5-1809.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such
hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the
Town of Southold and designated for the publication of such notices; that you or your representative have the
right to appear and be heard at such hearing.
Dated: January 16, 1996,
Patricia C. Moore, Esq.
Petitioner
Owners'Names: Robert E. Green
Post Office Address
P.O. Box 23
Mattituck, NY 11952
Tel . No. ( 516 ) 298-5674
[Copy of sketch or plan showing proposal to be attached for convenience
purposes.] -
PROOF OF MAILING OF NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
NAME ADDRESS
Claude and Patricia Lair 23 Rue Claude Monet
Residenc des Trois Froen
Bougibal, France 78380
STATE OF NEW YORK) ss.:
COUNTY OF SUFFOLK)
Margaret.Rutkowski _ residingat Theresa Drive Mattituck, NY
being duly sworn, deposes and says that on the 16th day
of anuary 19 6 , deponent mailed a true copy of the Notice set forth on the re-
verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective
names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on
the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of-
fice at Mattituck, NY ; that said Notices were mailed to each of said persons by
tj~fj)aelfiltcetaW$mail. with certificate of mailing attached.
16th Margaret Rutkowski
Sworn to before me this
day offuuar 19 96
Notary Public
?ATRIC1A C. M00RE
Notary Public, State of New York
Suffolk County - N~
comm4sion EVV"
(This side does not have to be completed on form transmitted to adjoining
property owners.)
IDS'
{
h it
rn .
SFr
vxe r
t
~ i
OM
I:..L]~a N aZl l;^vrt:'.Git ~°9/ r-.g Ij
cl ~J1fZ1!7 `r''35 r'" ~~1'79C71v~ , , , i
s ~
1-161 1=71-7411 12
aROJSC IA. NUMBER 61721 SEER
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART II '-PROJECT INFORMATION (To be completed by Aoplicant or Project sponsor)
I- KOb2Yt Y;. Green I 3 Fpm VarMance
1. PROJECT LOCATION:
Munlclsanly 790 North Sea Dr., Southold county Suffolk
a. PRECISE LOCATION ISlreet address Ana Ivad intaneeverts. Ptetrtment unbmanm etc w dravtae meal
790 North Sea Drive, Southold
SCTM # 1000-54-5-14
S. Is PROPOSED ACTON: Existing
- Cl New Cl saanslan ? MmIn"ve,,a Reallan
J. OESCRIBE PROJEG SRIEFLY:
Request variance from side yard setback for existing deck built
5 feet from property line
7. AMOUNT OF LAND AFF;CTED=
Inn III acres ultimately Ran
a. WILL PROPOSED AC.-:ON COMPLY WITH EXISTING ZONING OR OTHER Exls-.INO LAND USE RESTRICTIONS?
C Yea EN. It Nt deeenbe brielly
setback is 15 feet
g, WHAT IS PRESENT LAND USE IN VICINITY CF iROJEC-f
lU Rntdsnttlt '~:Indusmal C Commercial C Agndutture C ParwfareavOden sdau L Ctner
Oeurtar.
la, OCES AC:iCN INVOLVE A PERMIT APPROVAL OR FUNDING. Now OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY lFCDERAL.
STATE OR LOCAU?
C Yea - No it yes. ila agency M and oumteaddrwab
11. ,CUES ANY ASPEC OF 7HE NAVE A CURRENTLY VAUD PERMIT OR APPROVAL?
1_, Yes Z::,,^ It yet ,isv agency name and aetmtdaddraVal
House - preexisting non-conforming house
Permit #11200Z for westerly side of deck
q_ AS A RESULT ++OOF~F PROPOSED ACTON WILL EXISTTNG PERMITIAPPROVAL RECUIRE .MOOIFICATIONT
C Y. UNa
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TAUE TO THE SFST OF MY KNOWLEDGE
Patricia C. Moore, As Attorney Oalr.
/
Aoationusoansm )ma-~~
If the action is in the Coastal Area, and you are a state agency, complete the
Coastal Assessment Form betcre proceeding with this assessment
OVER
(Continued on reversa side)
The N.Z.S. Environmental Qua", t7 Review Act requires submission
of this form, and an environmental review will ue made Uy tais woard
before any action is taken.
SHORT EWIRONMENTAL ASSESSMENT FOR:4
INSTRUC.'IONS :
(a) In order to answer the questions in this short EAF it is assumed
that the precarer will use currently available information concerning the
orojee_ and the Likely impacts of the acri.on. It is not expected that
additional studies, research or other investigations will be undertaken.
(b) 11 any question has been answered Yes the project may be siq-
nifieant and cemalated Environmental Assessment Fora is necessary,
(cJ If all questions have been answered No it is likely that the
project is not significant.
(d) Environmental Assessment
1. Will project result in a large physical change
to the project site or ohvsically'alter more
than 10 aces of Land? -Tag X NO
2. Will there be a major change to any unique or
unusual Land fora on the site? Tag X No
3. Will project alter or have a large effact on
an existing body of water? - _T as x No
4._ Will project have a potentially large impact an
groundwater quality? _Tes X No
5. ?rill project signif±cantly effect drainage flow
an adjacent sites? Yes X Na
6. Will project: of°eC any threatened or endangered -
plant or animal species? _Tes X No
7. Will project result in a major adverse a tect an
air quality? _Zes 'Y .Na
3. Will project have a major effect on visual char-
ar_ar of the community or scenic views or vistas
!mown to he important to the community? ?es X10
9. Will project adversely imoact.any site or str-ac_
ura of historic, ore-histor_c, or paleontological ,
importance or any site designated as a critical
anvi.:cimantal area by a local agency? -Tag X No
L0. Will project have a 'major effeC_ an existing or
future receational Opportunities? _Yes X No '
Ll. Will project result in major *_raff_c problems or
cause a major effect to existing transportation
systems? -Yes X No
L2. Will project regularly cause objectionable odors,
noise, glare, vibration, or electrical disturb-
ance as a result of the project's operation? _!as x No
13. Will oraject have any impact on public health
or safety?
_.-'es x No
14. Will project affect the existing community by
directly causing a growth in permanent pooula-
t:On Of more than 5 percmnt over, a one-year "as x No
period or have a major negative effect an the
character of the community or neighborhood?
15. Is there oublid controversy concerning the
project? ._'-'es X to
?teparer's Signature:~
Representing: Robert E. Green Oace: 1-1-1-90
_BA 4/45
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.)
Robert E. Green
B. Is the subject premises listed on the real estate market for
sale or being shown to prospective buyers? (X } Yes N tL/
.~aQ
{ } No. (If Yes, please attach copy of "conditions" of sale
C. Are there any proposals to change or alter land contours?
{ } Yes {X} No
D. 1. Are there any areas which contain wetland grasses? NO
2. Are the wetland areas shown on the map submitted with
this application? No
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? NO
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? NO If yes, please submit a copy
of your building permit and map as approved by the Building
Department. If none, please state.
H. Do you or any co-owner also own other land close to this
parcel? NO If yes, please explain where or submit copies
of deeds.
I. Please list present use or operations conducted at this
parcel Residence and
proposed use same
Aut crized Signature and Date
Patricia C. Moore
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. 6-19841
WETLANDS [Amended 8-26-76 by L.L. No. 2-1976:3-26-
85 by L.L. No. 6-1985]:
L
A?r TIDAL WETLANDS: ?
(1) All lands generally covered or intermittently cov-
ered with, or which border on, tidal waters, or lands
lying beneath tidal waters, which at mean low tide
are covered by tidal waters to a maximum depth of
five (5) feet, including but not limited to banks,
bogs, salt marsh, swamps, meadows, flats or other
low lying lands subject to tidal action;
(2) All banks, bogs, meadows, flats and tidal marsh
subject to such tides and upon which grows or may
grow some or any of the following: salt hay, black
grass, saltworts, sea lavender, tall cordgrass, high
bush, cattails, groundsel, marshmallow and low
march cordgrass; and/or
(3) All land immediately adjacent to a tidal wetland as
defined in Subsection A(2) and lying within seven-
ty-five (75) feet landward of the most landward
edge of such a tidal wetland.
B. FRESHWATER WETLANDS:
(1) "Freshwater wetlands" as defined in Article 24, Ti-
tle 1, § 24-0107, Subdivisions 1(a) to 1(d) inclusive,
of the Environmental Conservation Law of the State
of New York; and
(2) All land immediately adjacent to a "freshwater wet-
land," as defined in Subsection B(1) and lying with-
in seventy-five (75) feet landward of the most land-
ward edge of a "freshwater wetland."
9705 2.25.85
GI 14-4? i.AIMINITW)IDNINS li 0 09o, f, oo,
FORM NO.3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTIIOLD. N.1',
NOTICE OF DISAPPROVAL
Date 1lJC/ t?~.... 1.% 77
.Q....
To
PLEASE TAKE NOTICE that your application dated ..........f, 19
for pennit to ,Q,~ rc~ . Gf C~f~ at
Location of Property /..!..~...'.o I.CS? ; . 7:CL14, . 2t,-J J.....I.UCG- L%2C~
House No. Hamlet street County Tax Map No. 1000 Section l...... Block r ~
Lot
Subdivision Filed Map No. Lot No.
is ret cd herewith and disapproved on the followin
rods . (~C~/4G4Pf1 .L~f7,
we~
Z,;L
_
IDA
Building Tnspecto
RV j/80
biz t/YZ / 4'~ ~A~~11 YL 00^~,.V~n( ~-4
V
L ~--yam'-' ~JJ
I,r~ V C J ! l
y1 ~
PATRICIA C. MOORE
Attomey at Law
315 Westphalia Road
P.O. Box 23
Mattituck, New York 11952 Q n n~
Tel: (516) 298-5629
Fax: (516) 298-5664
z
January 19, 1996
Southold Town Zoning Board of Appeals
Southold Town Hall
Main Road
Southold, NY 11971
Attention: Ms. Linda Kowolski
Re: Variance Application of Robert E. Green
Dear Linda:
Enclosed please find a Disclosure Statement for the above
referenced matter.
VerT ly yours,
Patricia C. Moore
PCM/mr
Encls.
DISCLOSURE JAN 2 2 0%
I, William D. Moore hereby state pursuant to General Municipal Law Section 809 and
Southold Town Code Article 10 the following:
1. An application has been submitted by Patricia C. Moore to the Southold Town
Zoning Board of Appeals on behalf of Robert E. Green.
2. Patricia C. Moore is an attorney duly licensed in the State of New York practicing
as a sole practicioner with her own clients. She is not affiliated with my law practice.
3. Patricia C. Moore is my wife.
4. I am a member of the Southold Town Board.
5. I do not directly or indirectly review, discuss or participate to any extent in the
matter of Robert E. Green before the Southold Town Zoning Board.
6. Patricia C. Moore is compensated for her legal services, at an hourly rate,
regardless of the outcome of the case, and her fee is not contingent on the results obtained.
Dated: January 18, 1996
William D. Moore
/rard S BOARD MEMBERS O Gy W
ti0 < .
Goehring er, Chairman Southold Town Hall
erge Doyen, Jr. 53095 Main Road
mes Dinizio, Jr. y P.O. Box 1179
obert A. Villa ~Southold, New York 11971
hard C. Wilton Fax (516) 765-1823
BOARD OF APPEALS Telephone (516) 765-1809
TOWN OF SOUTHOLD
FINDINGS AND DETERMINATION
Appeal No. 4251:
Application for MARILYN J. MORSCH. Variance to the
Zoning Ordinance, Article IIIA, Section 100-30A.3, based upon
the June 6, 1994 Notice of Disapproval fro the Building
Inspector, for approval of an "as built" m wood deck addition with
a side yard setback at less than the required 15 feet and less
than the total side yards required at 15 and 20 feet. The
subject premises contains a
40,409 (conforming) total lot area of
,409 square feet in this R-40 Low-Density Residential Zone
District. Property Location: 630 North Sea Drive, Southold,
NY; County Tax Map Parcel No. 1000-54-5-16.
WHEREAS, a public hearing was held on July 14, 1994, at
which time all persons who desired to be heard were heard and
their testimony recorded <no opposition was received; and
WHEREAS, the Board has carefully considered all testimony
and documentation submitted concerning this application; and
WHEREAS, Board Members have personally viewed and are
familiar with the premises in question, the present use and
building(s), and the surrounding areas; and
WHEREAS, the Board made the following findings of fact:
1. The premises in question:
consists frontage along North Seaf Road ZeSouthold09ansq. d ist located tin he
R-40 Low-Density Residential Zone District;
(b) is dwelling structure ~w by additions, wall las f ~wn on the survey
dated March 15, 1994, prepared by Peconic Surveyors, P.C.
which shows the principal building setbacks at 5.0 feet between
the "subject" attached deck and the westerly property line, 20.0
feet from the easterly side property line and an existing wood
deck, approximately 68 feet from the rear property line, and
270+- feet from the front property line.
i
Page 2 - Appeal No. 42al
Application of MARILYN J. MORSCH
Decision Rendered July 14, 1994
2. By this application, appellants, by their attorney,
request approval for a reduction in the westerly side yard
setback from the required 15 feet to the existing five (5)
feet. The total setbacks for both side yards are also reduced
from the required 35 feet to 20 feet, as built and shown on the
March 14, 1994 survey submitted with this application.
3. It is the position of Board Members that the amount of
relief requested is substantial in relation to the requirement,
being a variance of 10 feet for the subject deck addition, or a
variance of 66%.
Accordingly, on motion by Chairman Goehringer, seconded
by Member Dinizio, it was
RESOLVED, to GRANT the requested reduction of ten feet
from the westerly side property line for the deck extension, "as
built," with a setback at five (5) feet, SUBJECT TO THE
FOLLOWING CONDITION:
1. There be no further side yard reductions to less than
that requested at 5 on the west side and 20 on the east side,
for total side yards at 25 feet;
2. The deck remain as built and not be roofed or enclosed
in any manner;
3. There be no adverse lighting all lighting must be
shielded to the ground to prevent annoyance or glare onto
neighboring properties.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen,
Dinizio, Wilton and Villa. This resolution was duly adopted.
lk i
GERAP.D P. GOEHRIN ER
CHAIRMAN