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HomeMy WebLinkAbout4381 ,575- f-17 ._L~O,~'C/~_f~5 ~~iLT'~ G1 rYH /Gi1.5LL,e F=>G>6oJT ~~~°..cS ~E7~8~c~~ Lr/s',nr?TE.J ~,e.v~s= ar- o~OS~FFO(~-cOG APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chairman y„ 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 ACTION OF FINDINGS AND DETERMINATION APPL. #4381 DATE ADOPTED: May 29, 1996 APPLICANTS: LARRY and LINDA RAPPAPORT. LOCATION OF PROPERTY: 1605 Pt. Pleasant Road, Mattituck. COUNTY TAX MAP DISTRICT 1000, SECTION 114, BLOCK 1, LOT #5.1. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated April 30, 1996: "Insufficient side yard ..."as built". PROVISIONS APPEALED FROM: Article IIIA, Section 100-30A.3 RELIEF REQUESTED: Triangular section of porch addition, at 2.5' x 8' (approximately 10 sf. total building area) as shown by the May 7, 1996 updated survey. Building permit issued under #23302Z March 15, 1996 indicated an unclear, illegible setback distance, based upon copy of survey submitted by builder-contractor. MOTION MADE BY: Gerard P. Goehringer SECONDED BY: Serge J. Doyen ACTION/ RESOLUTION ADOPTED: Granted corner of porch as shown on survey dated May 7 1996, subject to the planting of four additional evergreens along this northerly side for screening purposes, and continued maintenance by the applicant, or subsequent property owners. REASONS/FINDINGS: Although the relief requested is self-created, the 2.5 variance is minimal, for a 12.5 ft. setback instead of the required 15 ft. side yard per code. Continued construction under BP #23302Z, and all other zoning regulations shall be complied with. No physical change in the appearance or character of the area will be affected with the additional screening agreed to be added by the property owner. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member Robert A. Villa, Member Lydia A. Tortora, Member James Dinizio, Member Gerard P. Goehringer, Chairman/Member This _ shztorl~a~§~n$~du.,cj~P. ZBA:L DATE I ERR T G; ERR DiTE T _ GER4RD P. GOEHRI GER 0~~/9~ 15 ZBA CHAIRMAN i APPEALS BOARD MEMBERS !'r l a ~ a ' Southold Town Hall Gerard P. Goehringer, Chairman o 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 James Dinizio, Jr. riff 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, the following applications 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 WEDNESDAY, MAY 29 1996, commencing at the times specified below: 7:30 p.m. Appl. #4386 - CINDY AND MITCHELL RUGGLES. Application for a variance based upon the May 6, 1996 Notice of Disapproval from the Building Inspector, ref. Zoning Code, Article IIIA, Section 100-30A.4, to locate an above-ground swimmingpool with entry decking and fence enclosure in an area other than the required rear yard at 1150 Nakomis Road, Southold, NY; County Tax Map Parcel No. 1000-78-3-15. The subject parcel contains a total lot area of 13,200+- sf. 7:35 p.m. Appl. #4379 - LISA AND NIKOLA GALJANIC. Application for a variance based upon the Building Inspector's April 4, 1996 Notice of Disapproval, ref. Zoning Code, Article XXIV, Section 100-244B as amended 1.1-28-95 to construct new dwelling, maintaining the existing dwelling's front yard setback location. Location of Property: 1065 Bay Avenue, East Marion, NY; County Tax Map Parcel No. 1000-31-9-1. This parcel consists of 17,590+- sf. 7:40 p.m. Appl. No. 4384 - VINCENT MANGO as Contract Vendee (Owner: Page 2 - Legal Notice • • Regular Meeting of May 29, 1996 Southold Town Board of Appeals Edith Purpura). Application for a variance based upon the April 22, 1996 Notice of Disapproval from the Building Inspector, ref. Zoning Code, Article XXIII, Section 100-239.4 to replace accessory storage shed in a location less than 75 feet from the bulkhead. Location of Property: 8225 Nassau Point Road, Cutchogue, NY; County Parcel No. 1000-118-4-10; also referred to as Lot 64 and part of 65 on the "Amended Map A of Nassau Point" (1922). The subject premises contains a total lot area of 1.375+- acres in an R,-40 Zone District. 7:45 p.m. Appl. #4385 - KEVIN & ASCENSION KYLE. Application for a variance based upon the May 6, 1996 Notice of Disapproval from the Building Inspector, ref. Zoning Code, Article IIIA, Section 100-30A.3, to construct deck addition with a setback at less than the required 50 ft. rear yard setback, at 815 Park Avenue, Southold; County Parcel No. 1000-56-1-2.4, also referred to as Lot #14, Long Pond Estates Subdivision. This is a corner lot consisting of 40,017 sf. in an R-40 Zone. 7:50 p.m. Appl. No. 4383 - HELEN DITTUS. Application for a variance based upon the May 7, 1996 Notice of Disapproval from the Building Inspector, ref. Zoning Code Article III, Section 100-33B(1), for approval of accessory shed in the southwest corner of the rear yard "as exists" at less than the required three ft. setback. Location of Property: 305 Masters Road, Laurel, NY; County Parcel No. 1000-126-9-22; also referred to as Lot #6 and part of 7, Map of Property of Dan J. Stack (County Map #815). Size of Property: .25+- of an acre. 7:55 p.m. Appl. No. 4381 - LARRY AND LINDA RAPPAPORT. Application for a variance based upon the Building Inspector's April 30, 1996 Notice of Disapproval, ref. Zoning Code Article IIIA, Section 100-30A.3, for approval Page 3 - Legal Notice • Regular Meeting of May 29, 1996 Southold Town Board of Appeals of porch addition "as built" with a setback at less than the required 15 ft. minimum side yard in this R-40 Zone District. Location of Property: Lot #14, 13 and part of 12 as shown on the Map of Point Pleasant containing 2.00+- acres; 1605 Pt. Pleasant Road, Mattituck, NY; County Parcel No. 1000-114-1-5.1. 8:02 p.m. Appl. No. 4382 - ISLAND ALE, INC. and F. CICHANOWICZ 3RD. Application for a variance based upon the Building Inspector's March 25, 1996 Notice of Disapproval to construct new principal building at a width of more than 60 feet which is restricted by Zoning Code Article X, Section 100-103C of the Zoning Code. Proposed Restaurant (Principal Use) in this B-General Business Zone District. Location of Property: 32240 Main Road, Cutchogue; County Parcel No. 1000-103-1-19.3 (includes former #103-1-18 consisting of one-half acre, and entire 26.2 acres is a part of a 55.2 acre parcel of record in 1985). 8:10 p.m. Application of SCOTT RUSSELL - Reconvened hearing (carryover from May 1, 1996). 8:15 p.m. Application of DANIELE DUPUIS - Reconvened hearing (carryover from May 1st). 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: May 13, 1996. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman By Linda Kowalski x FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. j fL y ~ NOTICE OF DISAPPROVAL DATE: _ Agri1 30~ 1996 Rappaport To ..Larry. . . . P.O. Box 1692 . Mattituck, N.Y. 11952 PLEASE TARE NOTICE that your application dated ....April_24, 19-96.. for permit to _CONSTRDCT.A.PORCH.ADDITION . at Location of Property ..1605. POINT. PLEASANT.ROAD MATTITUCK= N.Y: House No. Street Hamlet County Tax Map No. 1000 - Section ...)14..... BLOCK ...D!...... LOT ....05 Subdivision Filed Map No. .........Lot No. is returned herewith and disapproved on the following grounds ..AN.INSUFFICIENT_SIDE........ YARD SETBACK IN AN R-40 ZONE. THIS IS AN "AS BUILT" CONDITION. THE SURVEY SUBMITTED WITH THE BUILDING PERMIT APPLICATION INDICATED WHAT APPEARED TO BE A 25' SETBACK. UPON A VISUAL INSPECTION OF THE SITE A 12' SETBACK NOW EXISTS. ACTION REQUIRED BY THE ZONING BOARD OF APPEALS. /yV BU D G INSPECTOR G J. FISH RV 1/80 FORM NO. 1 3 ETS`OF PLANS . • • TOWN OF SOUTHOLD EY ' BUILDING DEPARTMENT CIIECR TOWN DALT. SEPTIC FORM SOUTDOLD, N.Y. 11971 TEL: 765-1802 NOTIFY:. CALL ~`.`~:.c..J?..g2 Examined..... 3A 19.9r (.x° MAIL TO:~OG.r ~~nrsr C: ` . Approved....... V!Jr..... 19 6.1. Permit No. 47 r. Disapproved a/c MA Al ftkiuai ~l~c or) APPLICATION FOR BUILDING PERMIT tt99 / Date ............I9 Lz. INSTRUCTIONS a. This application must be completely filled in by type niter or in ink am] submitted to the Building inspector wilt 3 sets of plans, accurate plot plan to scale. Pee 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 giviog a detailed description of layout of properly must be drawn of the diagram which is part of this application- c. She work covered by this application ray not be c(xnnenced before issuance of Building Permit. d. Upon approval of this application, the Building, Inspector will issue 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 four any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS 1EM13Y MATTE to the Building Department for the ism-we of a Building Permit pursuant to the Building Zone Ordinance of the Tocnr of Southold, Suffolk Conrtnty, New York, and other applicable laws, ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspeccti~ons., c . .?r.S.ZF (Signature of applicant, or name, if a corporation) .......6.t..f........ ....z... (Mailing address of applicant) State whether 1ppticant is (Muerr,llessee, agent, architect, engio:er, general contractor, electrician, plo ber or Imildcr ~ixY.`............. G:.................................................. / ~ «f Nam of owner of premises .f.'C «2~":t.~ as on the tax x roll or latest deed) If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Builders License No. Tr'N(J OF SO7 Plumbers License No . Electricians License No. Other Trade's License No . 1. Location of lard on which proposed work will be done louse Tksnber Street Iladet County Tax Map No. 1000 Section ..~~.Y........ Block ..4~~.......... Lot Subdivision Filed Map No. Lot (KIM) 2. State existing use and octulmx y of premises an(] intended use and occupancy of proposed construction: -foll a. Existing use and vcarpaocy !Lc;Ji... - h. Intended use and occupancy Fi Frsn., r;* y c 1. Nclore of cxxk (dx:ck wlciti, al fil icable): W" Iklilding dcklifion Alteration Helm ir lianaral I)elnliLion Giber Unk (Descript ion) 4. Estimated Cost .....!/J. a~ fee (lo be hand of filing this application) 5. If ckvel Iing. mmiber of ckaell icy; units M.dler of tkvell ing units nn each floor If garage, nncn(ner of cars 6. If business, co mnercial or mixed occopa cy, specify nature and extent of each type of use 7. Dimensions of existing stralures, if any: Front (tear Depth Ik:iglct ...6 Iknnber of Stories Dimensions of saw-, structure with alterations or additions: Front Itear Dept lc Ileiglct ~r Mrdler of Stories ..t? . i 0. Diulensinns of entire new constnx;tinn; Front ...vz.K Rear .~y. Depth .e,:S lie i(;1LL G M¦clxer of Stories Size of 1nC; FYrac Rear eZ.~.~~.......... Depth 10. Da to of Fnrc:hase Il:n¦e of Former O.aler 11. Zone or use district in iihidu prenises are situated 12. lines proposed crxnstrxltioh violate any zoning liw, ordinance or regulation: 13- N(ll lot he regraded 111 excess fill be removved ffiran prenises; YES m l4. Naues of (A ner of preaises',Xe4 ~i~ Aeklress ~T I9xxle No. Mine of Ardcitect /vklress Plane No. _ N:.¦re of ('.cxntracl:ord?!; ........f:!~:?~ lvklres~r 9.2-mot lone 15. Is this property within 300 feet of a tidal wetland? * YES *IF YES, S(Ilfllal) iuM •lRNS1ms mu"rr my RE RE(pimu). PLOT DIAGRAM Incate clearly and distinctly all buildings, cAuether existing or proposed, arnd indicate all setback dimensions final property lines. Give street and block miler or description according to deed, and lihow street nacres and indicate lAcetlxx interior or corner lot, AW111, OF M14 Y(HtK, SS AX)MY U? ...................Willi, duly swaru, deposes acxl says that he is the applicant: (Dal¦t of inlivick>ifl signing contract) above ualied, ~7 Ike is the (Qxntraetor, agent, corporate officer, etc.) of said Lmier or owillwn, and is duly authorized to Ixarform or have per funcrd the said work and to mire acxl file this application; Lhcd. all staterents contained in this application are Lille Lo the best of his kn..vledge and belief; anal that the mirk wiI1 be perfornned in Line arnnner set forth in the application filed therewiLb. :korn to before ore this 2 t ....day f Iv.9 Mltary ILblic ROBERT I. SCOTT R. . NOTARY PUBLIC, S to of N.V. (Signature of Appl icay~ 1 No. 4725089, olk Cou~jy Term E)<pire,3 aY 31, 19 OK-~~--..<<s s. s=ue RECEIVED • C`x~ 2rDa.rx ~ncln.x.e-Ycm eiwss h1 AY 1 1996 a-PE '?{Co 'or- rQU TOWN OF 5OUTI10LDTt 1@4~RlNth01d APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE .......~f.~..~..y.b.; TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ? 7 a 1, (we) GItC~`~ ~..~.L!`! .4.ctf ...C d OS....l feus ....!~.~a°............ Nome of Appellant Street and Number ~]q J ~ f akl ~o 7......... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT N0...2~.~? O••• DATED ..........3.~.~.1.~.L. WHEREBY THE BUILDING INSPECTOR DENIED TO ~I IC !l I lrya(, d- LQ C ry /061 d r ~ ----.-...A........iant -c.ont-.f....or._ pe...rmit / ame of ppl / (R 7 f of C rPek La"s So )-(?4 & C A .....Y..........:... Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY C ,l am Ns s-(-r"/ f t o a.d cf h a n ~t s t~ tip A~/'12 1. LOCATION OF THE PROPERTY ..~OnS...a.~ ................................~.........~....~T...N......... I~ Street /Ilamlet / Use District on Zoning Map District 1000 Section )(yBlock6 (Lot S_/ C&rr'l cf LiltLl~ ~~ar~ ..............._-Current Owner . Map No.._ Lot No.. . Prior Owner LeUndl`d tL QO,~yiR Sr 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article Section 3. PE OF. APPEAL Appeal is made herewith for (please check appropriate box) ( 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 ( ) q. PREVIOUS APPEAL A previous appeal (has) ias not) een mode with respect to this decision of the Building Inspector or with respect to this pro 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 ( ~S A Variance to the Zoning Ordinance ( ) t, (S.S 'cp is requested for the reason that o J W e h-0~flj(~ ~Ir - f~yy ~QcQt ~oo~ ~1oFG~ f Sif7 cc -f:~?sce catJes-~-5 V)USd,((,(ue , ale .a-j Frain ZBI (Continue on other side) - f i ~ } REASON FOR APPEAL Continued STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because T~ p O CA3 0 IJ ( d ~ 4, ot vlls~ 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 h. mss' r~ ~ 3. The Variance would observe. the spirit of the Ordinance_ and WOULD NOT CHANGE THE p ci f G V~ Z e- CHARACTER OF THE DISTRICT because J)L ( AA 01 ~oJ~ 1S'v((OJ ?tP D~~ (1ec~ 1. hprl, __E k pie . et AA `bL2 k.o tJ C~ o d cA 1 -S STATE OF NEW YORK ) ss - COUNTY OF ?£~?°C014 ) Signature q Sworn to t;/C3ry day of... 19 /l f: r•... Public GpEGG A , FISHMAN k Notary publw, State of New yo' No. 31-4983590 Qualified in Nswjon4 Aug. 19- commission Expires F v> SURVEY OF - 1 LOTS 13 14 8 PI.01Z „ MAP OF POINT PLEASANT AT MATTE TUCK TOWN OF SOUTHOLO AA / ~ cn ~ FILED MAY17I918 NO. T2L) P vol SUFFOLK COUNTY, N.Y. P+© o,;'w 1000-114- 01- 5.1 s E / 1.01 Ram SCALE 1"= 40 May 7, 1996 Q . g l a'l amerb~,~ I I ISM Shed. ~ a Mkt I' 5 ~ Y i' W d 1 V n _ (y hse. \ 00 e+ 0 LOT 14 0( b _ is 4- Ky 1 I i \ r gazebo g89:1Q I J LOT 15 C) Q~aF :NE6yy p a5 ~.,A q• M67?D p~~. ` N .&TWmw r G~`43 ilf l l a ANY, o ora. T~Y K 5 1E tl~M L:w r I ~ A6 Sr v-swa FALL ffpTiICA170NS fir,, ?SS H ~ FOR > W MAP Allen is IM, ONLY/F 14 wr N; ~a t a w+ • $1~ 80 ~1~'pF~"S APPEARS PlE' Sor SURVEYOR 4 49e t~`~ +°w .a N 81 NO. 496/8 m 4 LLY.TO COMPLY W/TN SAS LAVE 01 ~ ALTW Or, AREA = 2.563/ Acres to lle lines WVJY ANY AW ALL SLR U CAB A Y PECONIC 9LW YORS, P.C. A TOW SUCH AS W. N ArA T TO-9A IV L WN IM L~ And P. 0. 765 - 5020 P. O. BOX 909 CONTOUR LINES ARE REFERENCED 1230 TRAVELER STREET WESTPHALIA ROAD SOgTHOLD, N.Y. 11971 TO N.G. V. DATUM. R7 - d71 O~~g11FF0(~-CO APPEALS BOARD MEMBERS hy, Gy o Southold Town Hall Gerard P. Goehringer, Chairman y,. 53095 Main Road Serge Doyen, Jr. °y 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 July 16, 1996 Mr. & Mrs. Larry Rappaport P. O. Box 1692 1605 Pt. Pleasant Road Mattituck, N.Y. 11952 Re: Appl. No. 4381 - Varance (Corner of Porch) Dear Mr. & Mrs. Rapport: Please find attached a copy of communications from the Suffolk County Department of Planning which results from their review under the Suffolk County Administrative Code for projects located within 500 feet of a state or county highway, estuaries, creeks of the Peconic Bay area, West Harbor, Fishers Island Sound, Long Island Sound, and its tributaries. The County has left this project for Town determination, and therefore no further action is required by the County or the Board of Appeals. This copy is for your update and recordkeeping. Before commencing construction activities, please be sure to follow-up with the Building Department at 765-1802 to determine whether the file is complete for issuance of a building permit or certificate of occupancy. Very truly yours, Lucy Farrell Enclosure COUNTY OF SUFFOLK L ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE STEPHEN M. JONES, A.I.C.P. DEPARTMENT OF PLANNING DIRECTOR OF PLANNING June 24, 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. ~Apnlicant(s) Municipal File Number(s) ?Rappaport,Larry & Linda 4381 Island Ale, Inc. (F. Cichanowicz, owner) 4382 Dittus, Helen 4383 Manago, Vincent 4384 Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner GGN:cc C:1W P WIN60\WPOOCSZONINGIPERMIFORMSILD-ZONI.NPD 220 RABRO DRIVE • P.O. BOX 6100 • HAUPPAUGE, LONG ISLAND, NY 11788-0099 • (516) 853-5190 2 FAX (516) 85340 ~OgUFFU(~-c APPEALS BOARD MEMBERS ti Southold Town Hall Gerard P. Goehringer, Chairman , 53095 Main Road Serge Doyen, Jr. EO. Box 1179 James Dinizio, Jr. Southold, New York 11971 Robert A. Villa m{ Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Pursuant to Article XIV of the Suffolk County Administrative Code, The Board of Appeals of the Town of Southold, New York, hereby refers, the following to the Suffolk County Planning Ccmnission: XX Variance from the Zoning Code, Article ILIA Section 100-30A.3 Variance from Determination of Southold Town Building Inspector Special Exception, Article Section Special Permit Appeal No: 4381 Applicant: Larry and Linda Rappaport Location of Affected Land: 1605 Pt. Pleasant Road,, Mattituck, NY County Tax Map Item No.: 1000- 114-1-5.1 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 Drainaae Channel Owned by the County or for which the County has established Channef Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of an Airport Comments: Applicant is requesting permission.to locate porch (as built) 'ant sine yard setback ' Copies of Town file and related documents enclosed for your review. Dated: June 20, 1996 gQFFO(,4-CO , APPEALS BOARD MEMBERS may` Gy c Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road Serge Doyen, Jr. °y • 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 June 6, 1996 Mr. John Dumblis 238-10 115 Terrace Elmont, NY 11003 Re: Appl. for Variance - Rappaport Property, Mattituck Dear Mr. Dumblis: Enclosed is a courtesy copy for you of the action with conditions rendered by the Board Members at our May 29, 1996 Regular Meeting. This is a follow-up to your letter received on May 20, 1996 - which was made part of the record for consideration. Very truly yours, Linda Kowalski Enclosure Xy Jp 41 , LARRY RAPPAPORT P.O. BOX # 1692 1605 PT. PLEASANT ROAD MATT/TUCK, N 3 D @M5 'L V May 31st, 1996 U Fax #516-765-1823 Ms. Linda Kowalski Board of Appeals Town of Southold 53095 Main Road P. O. Box # 1179 Southold, NY 11971 Re: Variance Appeal #4381 Porch Side Yard Variance Dear Ms. Kowalski- I'd like to thank you and the Board of Appeals for the opportunity to present my case for my Variance Appeal. The Board certainly was fair, kind and tried to protect all parties. As you have requested, we have purchased four very large Douglas Fir Shrubs and they have been planted and you may inspect them at anytime. This now provides an unbroken shrubbery screen from the start of our front yard area to more than midway the length of our house completely screening our new porch. Thank you. Larry Rappaport LR: tg O~QgpFfO(xco APPEALS BOARD MEMBERS wZ' Gy Southold Town Hall coo T 53095 Main Road Gerard P. Goehringer, Chairman Serge Doyen, Jr. P.O. Box 1179 James Dinizio, Jr. ~Ol #t Southold, axNew 765or 823971 Robert A. Villa Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD June 4, 1996 Mr. and Mrs. Larry Rappaport P. 0. Box 1692 1605 Pt. Plesant Road Mattituck, NY ll952 Re: Appl. No. 4381 - Variance (Corner of Porch) Dear Mr. and Mrs. Rappaport: Please find enclosed a copy of the determination rendered by the Board of Appeals at our May 29, 1996 Regular Meeting concerning your variance application. A copy of this determination has also been furnished to the Southold Town Building Department pertaining to the pending building permit amendment request. However, it will be necessary for you (or the owner) to contact the Building Department (765-1802) to be sure all your permit application papers are in order before continuing with this project. Also, due to the proximity of this project within 500 feet of a waterway, State or County Road, the Town is required under the Suffolk County Administra- tive Code to transmit a duplicate file of the variance request to the Suffolk County Department of Planning for their determination. It is expected that their agency will not have objection and will forward written comments directly to you. Very truly yours, Enclosure Linda Kowalski Copies of Decision to: Building Department Suffolk County Department of Planning 238-10 115 Terrace Elmont, NY 11003 May 16, 1996 Board of Appeals Town of Southold Town Hall Main Road Southold, NY 11971 Ref: LaM Rapaport1605 Point Pleasant Rd., Matt To the Honorable Board of Appeals: I am writing concerning the referenced request for Variance concerning required 15ft. setback in R40 Residential zone. Backeround The matter concerns erection of a covered porch on the (west) front wall of the pre- existing residence at 1605 Pt. Pleasant Rd. As the existing residence is located at an angle in reference to the property line, and the existing northwest corner of the residence is already just 16ft (plus or minus) from the property line, erection of said porch clearly intrudes into the specified 15ft building setback. For the record, I wish to state that we find Mr/Mrs Rappaport to be good neighbors and very pleasant individuals. Nothing in this action is intended to attack, harass or otherwise create ill will with the Rappaports. However: 1) This is the second variance action from the owners of said property in approximately 5 years, both actions concerning construction immediately adjacent to our property line, in that case erection of a 6 ft high stockade fence. While this earlier variance was requested by the prior owner and not the Ranaports it too involved virtually completed new construction. In the interest of good neighborliness, I did not object in that case. However, here it is only a few years later, and again that property is involved in another after the fact resolution. It is not fair that 1, as the adjacent property owner, be forced to accept the errors of my neighbor merely because these errors would be too costly or inconvenient to correct. 2) As I understand the facts at hand, a key error in this case involved an unclear existing survey that indicated an approximately 16ft setback, that was misread as 26ft. Considering that there is a 6ft high stockade fence at approximately the property line, I am shocked by the failure of several parties, particularly the builder, to believe that this was a 26ft distance. This is, at best, a gross error (See photo A). I note that Mr. Rappaport kindly showed me the plans for his new Great Room before construction commenced, but to my recollection, these plans did not detail the porch construction, which was clearly secondary in everyone's mind at that point. 3) Unlike my property, there is generous opportunity to expand the Rappaport house to the south, and this west porch (matter at hand) is constructed as it is primarily for aesthetic reasons. No real hardship would have been entailed in not constructing this porch in this fashion. It could have originally been designed to avoid the setback area. 4) We anticipate someday to expand our own home to accommodate permanent residency, and the only viable area for expansion would be in the area generally adjacent to the Rappaport porch. Our property at that point is already constrained by a meager 89ft width, 40ft of which would be dedicated to setbacks. Further, an apparently exempt, pre- existing auxiliary structure (See photo B) exists a mere aft from our property line on the Falzon property to our north. This area will have deficient setbacks on both of our two neighbors' properties. 5) The location and orientation of the Rappaport porch overlooks, in fact faces, our front yard. Our privacy has been compromised. Resolution Our distinct preference is that the porch not intrude into the setback area. Any costs of remedial action should be borne by the builder, "who should have known better," and not the Rappaports, whom we believe were unfamiliar with the pertinent facts. However, as an alternative, we would accept installation of an evergreen screen on the Rappaport side of the stockade fence. In fact, such a screen was planted by the prior owner but nurnerous trees have been removed. Language to be specified by the Board of Appeals, but to contain the following provisions: Installation of a natural evergreen screen, of a type and variety known to the Board of Appeals to provide a solid year round visual screen to at least a height of loft to be planted on the grounds of 1605 Pt. Pleasant Rd, adjacent to said residence structure and immediate front yard so as to shield said residence from the adjacent property at 1475 Pt. Pleasant Rd. Such a planting to be allowed to grow into a solid screen and permanently maintained by the owners of 1605 Pt. Pleasant Rd. as a permanent covenant with the Board of Appeals. This stipulation to be transferred in perpetuity to all future owners of 1605 Pt. Pleasant Rd. Thank you for your consideration. Sinceerely,l rion P. Dumblis 17 * .i Y 5 F ~ ~ `J Olt t' i ; 1J rS? 1 t, 1 F7f Il :"~T~ 1~ t ' it ptly 1 i r r r ~ j ~ err ~ o- ~ ~A - ,t~°' 1[gl~l•,ldlllyd1l~.:Nb~lbalYrar John P. Dulliblis CERTIFIED 238-10 115 Terrace Elmont, N.Y, 11003 P 336 409 674 , $2,21 Board of iPpeals,Town of Southold Town Hall Main Road Southold, NY 11971 I ' a fi lJ: O Gto~ w (JGC. vie P~©~ o p c I ~f~ Jtcc~~2ra~ ~ lt~~ 02 11 1 l LARRY RAPPAPORT 153 WEST SHORE ROAD GREAT NECK, NY 11024 May 13th, 1996 Ms. Linda Kowalski Southold Town Haff Zoning Board of Appeals Att. Linda Kowalski P. O. Box # 1179 Southold, NY 11971 Re: Variable Appeal #4381. Dear Linda: Enclosed is a new survey just completed. Thank you Larry Rap rt 153 West Shore Road Great Neck, NY 11024 P. O. Box # 1692 Mattituck, NY 11952 LR. tg 12 ff/7~p J SURVEY OF , °''N`l\~ LOTS 13,14&P/012 MAP OF POINT PLEASANT" cr_ AT MATTITUCK . Cn a d ~ TOWN OF SOUTHOLD OT FILED MAY17,1916 NO. 720 Q10 `0S SUFFOLK COUNTY, N.Y. PIO 1000-114 01-5.10 Ts °O0O rood / LOT vw o Z. Z b n May 17, 1996 C f 141 i~ . ~ ~ f t W y S I V e0" po-d n 563. 1 I LOT 0 I o ~ v l ~ d I ~ym•"' 669.14' ~ I i / ~ yS % RIP•, LOT 15 tptE OF NEW O aW ' . S oHN T. Mgo-Grp~r •ANY ALTEIIA TMW OR AIq'IKW TO iHR SLNYEY lgA VGLATXW. r 9eo- W AS 8T7 MEYBT 71TW a~}DNS 69616 N SEAL MEYOR ..S L1C. NO. 9' 2 N 97° 51, AMUtLY TO COIA°LYI TO SAID ur TW w -ALA>~er UR YORS, P.C. AREA = 25631 Acres to He lines pECONIC cr aNO~rAr1TsLRv mars MAa )~p/ AAsS 'Si6PEOTEO' ANp 75161 765 - 5020 '1tROLtlNT-TO-0ATE•ApE A1DTN CpFLNMCE MTN THE GK P. O. BOX 909 CONTOUR LINES ARE REFERENCED 1230 TRAVELER STREET - WESTPHALIA ROAD M TO N.G. V. DATUM. SOUTHOLD, N.Y. 11971 nn - - 87-471- VKI! ~~l J /G V~_____-_ wos~ d G-'~ a~ f~ ~ ~v~ J a~~ .r~~A, ~ ~ ~ ~ - 1 3 i, ' r goo Er W~ 1 It a I=- s 17, i eaf, !f- t. 111 P lod 1tM a ...yam 4•` Y Sip .v.. i - Am- m - • IA i~ ..'o z a *i tC~i't s r f d1 • BOARD OF APPEALS: TOWN OF SOUTHOLD -----------------------------------x In the Matter of the Application of COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING / C o ~ o ~ ~f Q I, / ~ay q&~residing at (6Q~ Pf~ ~ New York, being duly sworn, depose and say: rp-~~ tv-a 1996 known has onf k o the 5 V+ 1~(d of lt'~6L 4 P (/+soP`nla / L posted prope by placing the Town's official poster sign ten (10) feet, or closer, from the front property line where it can easily be seen from the street, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing (date of bearing noted thereon to be held May 29, 1996.) Dated: May 1996. (signa re Sworn to before me this Z~ day of May, 1996. wotEffy G G' 1{ f461-IMAN Notary Public, to of New York No. 3'51989590 Oualitied In New York County 99 r Commission Expire* Aug. 19, 19.(.. Cry ~ ~ ~s_s ~ ~ +A p S0 Uf C~ So o ~-l 4a(6F ~ `F ~ P `t ~ ~ ~6s~v3 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: + M bA fZ Aff)A f"b DATE OF PUBLIC HEARING: a • 55p9m. WED9 /V\ Ay (qq 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 hp 0, C 05/21/96 07:56 'V1 212 581 4759 PRESS FISMLAN 001 LARRY RAPPAPORT P.O. BOX # 1692 1605 PT. PLEASANT ROAD M.4TTITUCl4 NY 11953 Fax #516-765-1823 To: Linda Kowalski Board of Appeals Town of Southold 5/21/96 Re: Appeal #4381 Porch Side Yard Variance We are rn ilin and fa ino this affidavit of Posting. Thank y ou. L appaport LR:tg 0 ~oSOFFOC,~~~ APPEALS BOARD MEMBERS tiZ~ oGy o~° Southold Town Hall Gerard P. Goehringer, Chairman %y 53095 Main Road Serge Doyen, Jr. y • 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 May 13, 1996 Mr_ and Mrs. Larry Rappaport P.O. Box 1692 1605 Pt. Pleasant Road Mattituck, NY 11952-1692 Re: Appl. #4381- Porch - Side Yard Variance as Built (Porch) Dear Mr. and Mrs. Rappaport: Please find enclosed a copy of our Agenda of Hearings for our upcoming meeting on Wednesday, May 29, 1996. The hearing is scheduled for 7:55 p.m. in the large assembly room of the Town Hall, and the legal notice has been forwarded for publication by our department in this week's issue of the Long Island Traveler newspaper. Also enclosed is a Poster sign, which should be displayed as soon as possible on a post, tree, or fence within 10 feet of the street right-of-way in the front yard. The sign must be displayed for at least seven days, and after the seven-day period has passed, please sign the enclosed Affidavit of Posting before a notary public and return to us either by mail or delivery. Please feel free to call us if you have any questions regarding this process. Very truly yours, Linda Kowalski MaryAnn Cybulski Noreen Frey Enclosures B \ t]1~1 APPEALS referred I* Lot 64 and part i TOWN OF F S SOUTHOLD , 1 K'of 65 on the "Amended Map A ati• f!`f Q1J 'of Nassau Point" t1922j. The COUNTY OF SUFFOLK NOTICE OFIiE~iiRI?GS_ subject premises contains a STATE OF NEW YORK ss: »<-.w -totaFlot area of,l 375+- acres NOTICE IS, HEREBY in an IlY 40 Zone Disttict I,, GIVEN, putsuaflt tb,5e~tion ~'d5"0 M Appl #4385 Joey Mac Lellari, being duly sworn, says that 267 of tha To 11 aw a the"SION he is the Editor, of the TRAVELER-WATCHMAN, a of the{ o._no#§b 1d+ E~ Applicaildri.fordvaro- ' a public newspaper printed at Southold, in Suf- thefollowing applicationswill ance based upon the May 6, folk County; and that the notice of which the be held for public hbarutgs lie • 1996 Notice of -Disapproval fore the SOUT1-TOLI) TtvVN' from the Building inspector, annexed is a printed copy, has been published BOARD OPAPPEALS'i'dtthe ,ref. Zoning Code, ArticleIIIA, in said Traveler-Watchman once each week for Southold tTown all, 53095 Section .100-30A.3, to con- Main Road, o thold, Ne" struct deck addition with a set- . weeks York 11971, on back at less than the required DAY, MAY 29i 19961 com 50 & rear yard setback, at 815 successively, commencing on the mencing at the times specified Park Avenue, Southold; below: County Parcel No. 1000-56-1-' clay of a ........................119. 7:30 m. A L #4386 4, also referred to as Lot #14, CINDY AND MpTCHELL Long Pond d Estates Subdivi- or 2iooH This rAka of consisting of+, !}Q. RUGGLES A licatton, ay § °b f 6, 1 / 996 Notice of a R40 Zone. ,I , Ran from, the Buie ofDI a perovtlal § d '7:50 p.m. Appli #4383- r, HELEN'DITTUS. Applica- Sworn to before me this .......16............ day of ref. Zoning Code, Article IIIA, iron for a variance based upon Section 100-30A.4, to locate an the May 7, 1996NottceofDis- above-grouhdswimthing 00'01 approvalfromtheBfiildingIn- with entry decking and fence enclosure in an area other than , stiedtoi, ter Zoning Code Ar- the required rear yard at 1150 title III, Section 100-33B(1), , emu- ew for approval of accessory shed NakomisRoad;SouthrcelNo Notary Public County Tax Map Parcel No. in the southwest corner of the 1000-78-3-15. The subject par- rear yard "as exists at less than BARBARA A.SCHNEIDER cel ains a total lot area of ,the required three ft. setback. N9Ti1W FU LIC,'ntate of New York cel co contnt-sf. Locationobroperty.305Mas No. 8, 946 . A. #4379 1 69 Road, Laurel NY; County; Qualif ;l in Suffolk Couggty 7:35 p'm PP1 Parcel No,1000126-9-22;also ComnissionExpires 8$1/96 LISA AND NIKOLA referred to as tot #6 and part GALJANIC. Application for a variance based Upon the-J' of 7, Map of Property of Dan Building lnspector's April` I• Stack (County Map #815). Size of Property: 1996 Notice of6isapOiiiQ'f .25+- of an, The Board of Appeals will ref: Zoning- Code„Attlplo acre, b 7:SS p.m: App1. No 4381 at said time and place hear any XXIV, Section 700 dB:'as p and all ersons or re resents- , toconsttu4 LARRY AND LINDA approvaltoconstruct newprm- P p RAPPAPORT Application + lives desiring to be heard in the at buildin new dwelling, maintaining the i' Mfor.+a variance Iras'UOEt1-4.6 cipt iflt 6b% eet at a width o v+hi~Tf is ref i"8118vec90piications. r Written setba k ocatilon Location of - Buildmg Inspector's April 3Q afrfci~dbyZOningC0 eMlcie comments mayaisobe submit- of Disapproval, r X; Section 100-1 3of,the `ted prior to the conclusion of Property: ,1065; Bay Avenue, 0 the subject hearin The above East Marion,NY; County Tax' ref. Zoning Code; ArticlelIlA, Zoning Code. Prop,ose+ dRes- g' Section 100-30A.3, for ap- taurant Princi al Use in this hearings will not start before Map. Pc el consists of Proval of porch addition "as B- (Principal General P Business Zone Dis- ) 1 in the atimesddition designated, to es other ignate hd;earings. ri This pararc consists hearings. i „ ttict,'Location of P It t built yYith asetback at less than roPerr 17,590+- s£ . ' y` is recommended that the file(s) 7:46 p.m., Appl 94384 l the, required ;15 ft, minimum 32240 Main Road, Cutchogue; be reviewed before the sch dVINCENT `MAN', - , j side. yard in'this R46 Zone County Parcel No. 1,000-103- District. Location of Property: Hied date of the hearing for up Contract Vendee 1-19.3 (mclddes formert103- I (Owner: dates or new information. If Edith Purpura). Application for' .I Lot #14, 13, and part of 12 as 1-18 consisting of one-half avatiance.based upontheApril shown on the, Map of Point acre, and entire 26.2 acrestis a : dounohatvi~ questions, t hesitate to please call 765- 22; 1996 Notice of Disapproval Pleasant containing 2.00+ part of .a 55:2,acre,parcel of 1809. from the Building Inspector, acres; 1605 Pt. Pleasant Road, record in 1985)., Dated: May 13, 1996. ref:-t~q~ ng4~ode Article Mattituck, NY; County Parcel 8:10 p.m. Application of gy,ORDER OF THE XEIh.Sdcti`o`tffb>l No 1000-114-1-5:1. SCOTT RUSSELL: Recon ; replace accessory storage died ' 8.02 p.rni Appl.' No. 4382- vend hearing (carryover from I SOUTHOID TOWN ' IS AND'ALE, INC and F May 1, 1996). •l3OARDDPAPPEALS in d location' less than 75 feet GERARD P. CICHANOWICZ 3RD. Ap- 1 8:15 p.m: Application of from the bulkhead. Location of • GOEHRINGER, Chairman ' Plication for a variance based DAI d bean DUPUIS, Recou- Property: 8225 Nassau Point By Linda Kowalski Road, Cutchogue, NY; Comity upon the B ild ng Inspector' Disc Mayl staring (carryover from IX-5/16/96(106), 25, Parcel No:1000-1184-10; also / / to d c 4 APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 Southold, New York 11971 James Dinizio, Jr. Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD May 13, 1996 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4381 Project/Applicants: Larry and Linda Rappaport County Tax Map No. 1000- 114-1-5.1 Location of Project: 1605 Pt. Pleasant Road, Mattituck, NY Relief Requested/Jurisdiction Before This Board in this Project: Approval of porch addition "as built" with a setback at less than the required 15 ft. minimum side yard 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 2BA project file for record purposes. ®~®SVFFOe~ COGy JUDITH T. TERRY = t Town Hall, 53095 Main Road TOWN CLERK C40 P.O. Box 1179 w Southold, New York 11971 REGISTRAR OF VITAL STATISTICS ® 4 r MARRIAGE RECORS MANAGEMENT OFFICER.( Telephone (516) 7652 800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS FROM: JUDITH T. TERRY, SOUTHOLD TOWN CLERK RE: ZONING APPEAL APPLICATION #4381 OF LARRY AND LINDA RAPPAPORT DATED: May 1, 1996 Transmitted is an application of Larry and Linda Rappaport, together with Southold Town Building Department Notice of Disapproval, Application for Building Permit, Building Permit dated March 15, 1996, copy of survey, sketch of proposal, Notice of Adjacent Property Owners with sketch attached to each one, Short Environmental Assessment Form, Questionnaire for filing with ZBA application, Certificate of Occupancies dated October 8, 1985, December 27, 1989, August 26, 1983, Wetland Permit dated August 21, 1986, Deed to property, photos, and accompanying copies of survey. Judith T. Terry Southold Town Clerk RECEIVED a~ c.ra and n. u mcwcs d~4e;V .7b .4.LG~rnuf ~.x 1996 TOWtt OF SOUTII01-13104"'ImR APPEAL NO.~ (y~ .,'APPEAL FROM DECISION OF BUILDING INSPECTOR DATE TO TI IE ZONING BOARD OF APPEALS, TOWN OF SOUTI TOLD, N. Y. / I lL 2 oo 0f ...~.d.ds....( leas 1, (We) LQ- d-.....I.~... Nam. of Appellant Street and Number ellant t ~ r 1 ' .f 7...:..... HEREBY APPEAL TO ..r....4.::•:••••:v`••~ Stale • . Municlpallly THE ZONING BOARD OF APPEALS FROM TFIE DECISION] OF THE BUILDING INSPECTOR ON 17 ~ APPLICATION FOR PERMIT NO. y~ n WHEREBY THE BUILDING INSPECTOR DENIED TO frlc t n 1114 ~l 1 t1ome of Applicant for permit f o o SUJ72F..~ ~.`~...:N...Y....... of C r-ee (L (-g-.,a W Vi ' Municlpallly Street an " d Number State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY I f~ c1~ a„r Q ~t S fi S / r`c ivy 7~2.f ~v..-V ~ C D•f\ U LOCATION OF THE PROPERTY •~•~OU•-~•••' Street lamlet / Use District on Zoning Mop -,.Current Owner L& (-d `ie- ever District 1000 Section IIy0lock©(Lot S I e Prior Owner E?lM0 ( t~-- Ovt AA--Sc h f- Lot No. Map No. , 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article Section Appeal is made herewith for (please check appropriate box) 3- TYPE OF, APPEAL ( 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 previous appeal (has) ,os not)' een made with respect to this decision 4. PREVIOUS APPEAL A of ilia Building Inspector or with respect to this pro Such appeal was ( ) request for o special permit ( ) request for o variance ...............................:Dated and was mode in Appeal No. REASON FOR APPEAL ( ) A Variance to Sectlon 280A Subsection 3 A Variance to the Zoning Ordinance ^ Is requested for the reason ay 49d t / D (l 0 G f s / V)~r,-V',~ Ito tip , t t ~ -°-^a o P r1 ` T"C,' c s l <Fee~ Q ~ (1 nIL -ark64 rorin Znt (Continue on other side),. REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because -r LA- P 0 r Cti. (/~r© d i d per,/~` _ ` Adt f, ~V~ ~~UTA 0( f f ~Ccr 0~ w no (d f Ot M y ~~~o d Jo rd V~, a,(4 2. The hardship created is UNIQUE and Is not shared by all properties alike In the Immediate viciniiy of this property and In this use district because f 3. The Variance would observe. the spirit of the Ordinance, and WOULD NOT CHANGE THE CHARACTER OF TIME DISTRICT because A o( l /l T G 1!/l ~ k- o ~-(!L v 1`6-4 . ~b 013-S - I\k* R M,nJ f r~ l1a rJ.cp STATE OF NEW YORK. ) ss COUNTY OF d£,? CAtek Signature , Sworn to Ihi ..................4;:... day of..... r,............... 19 7{O FISHMAN or Public l3RE ~G H. Public, Slate of Ncw York . Notary 140.3j-49ti3b. pr(7 011a Nw yolk ou C mmis'sion'E Peres A B`t9n19 < Il 1s ~ lJ V ~ • LARRY RAPPAPORT 153 WEST SHORE ROAD GREAT NECK, NY 11024 May 1st, 1996 Ms. Linda Kowalski Board of Appeals Southold Town Hafl 53095 Main Road P. O. Box # 1179 Southold, NY 11971 Re: Larry Rappaport 4129196 Application of Variance Sec. 114-B1k01 -Lot 5, 1 Dear Linda: As per your request, enclosed is one additional notice to Adjacent Property Owner.• Douglas & Jane S. Seeth 1937 Southeast 33 Terrace Cape Coral, Florida 33904 Thank you for your help. Sincere/ , 7~~ Lar ppaport 153 West Shore Road Great Neck, NY 11024 LR. tg i' T BOARD OF APPEALS. TOWN OF SOUTHOLD P j In the Matter or th etition of 1,1 =jwP0 NOTOCE ( f; to the Board of Appeals of tile T//own of Southold ADJACENT TO: ~~5 f ( Bt - S' See(lti PROPERTY OWNER : ~~7 So ecs fi 33 Tcaf (-6c E f. h Cc, ?,e C 0 k'- YOU ARE HEREBY GIVEN NOTICE: I„ L That ' thcl tendon of the undersigned to petition the Board of Appeals of the Town of Southold to request a ariatce) ( pecial Exception) (Special Permit) (Other) [circle choicel t. P, 2. That the perI yhic is the subject of the 1Pentior is (o tg I adjacen to our property and is des- cribed as follows: MP JLT~~[e4j~ (~c4~ it 11 ~G~ r" fooa sQC (I `f -(k1(l 0l of S.( 3. That the property which is the subject of such Petition i~ located in he foi~crwing zoning district: I` -1 that b~ such Petition, the undersigned will request the following relief: (Aere cxa q r / /v,( Lei IU r Qv ~4d s y r2 O.J er-p- S ce- nP,,QfA - fry 5. That the provisions of the Southold Town Zoning Code applicable to the re ef sought by die under- signed are Article Section [ ] 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 thereI examine the same during regular office hours. (516) 745-1809• i= j 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; Dial 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 t' right to appear and be heard at such hearing. 1i Dated: (C b A- Pell merr` IK( - Owne ames• Post Office Address (J~ ~~cL~/1o~ _ / Ili l I ` r " Ewa t, jec(" ti-, Y ro z Tel. No. (S((a) ©7C~ !h`~ V6 Ly& X06--- N [Copy of sketch or plan showing proposal to be attached for convenience purposes.] PROOF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAM ADDRESS (~t 7 Soy easy 33 (2rC"LCc- C~ C~ ~{c9 cam. o(-~ 3 3 ~ D ~P - Z 365 954 942 Receipt for Certified Mail o No Insurance Coverage Provided ru Do not use for International Mail (See Reversal seAGLAS & JANE S. SEETH 1 5hygFF-SMuTHEAST 33 TERRACE 3 t an e, FLORIBA 4 7 g PO., _'Hai O O Pas ' Co rte.",- $ L iei ,I Ce~ 'k t A/ J SFSe®4joEUII~Py: Fee, . K Reslncted_Q6ffvery Fee fl rn.` eceRl Showing / /J ;f to Whortro& spate Delivered / Return Rauagt Showing to Whom, Date, and Addressee's Address TOTAL Postage .,;s„_ . $ / ;i. & Fees x I~ 1POSttrc~Fkm~~~"~"P" - v ` ( f j ' i STATE OF NEW YORK) { COUNTY OF SUFFOLK) residing at (f? (/j _C~inoo ii PTC-it 'i (Ll ec / I [ 0 L Cr being duly sworn, deposes and says that on the -1--e( day of ck s-- 19 1? 6deoonent mailed a [rue copy of the Notice se[ forth on [he re- verse side tereof, 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 ; that said Notices were ailed to each of said persons by (certified) (registered) mail. s if 1 Sworn to before me dais - 7 ill day of I 19 `,I i - II o ry Public of Now Yolk 814 N "'"'county CB iiik1 611g@ t kNli96A g. Igo ' r 1 (This side does not have to be completed on form transmitted to adjoining J property owners.) P '1 ~~l ~ n~T~" 1 ~J P I '~Sl~.c~ ~O~ d a~ ~ ~v~ j a~~ A, I ~ V,)p) ~n~ f'~aa3- SS 1 v, J~~ • • . C BOARD OF APPEALS. TOWN OF SOUTHOLD In the M tier or the Petition of NOTICE, TO to the Board of Appeals of the Town of Southold ADJACENT TO: JOC6 ~M ~t S PROPERTY OWNER 23~_ I ~ f ~ S ~ •~-raLr ~ YOU ARE. HEREBY GIVEN 1101-ICE: i 1. That ' het tention of the undersigned to petition the Board of Appeals of the 1 own of Southold to request a ariance) ecial Exception) (Special Permit) (Other) [circle choice) 2. That the property wl is44t is t to/subject of the Puti`un is~ocatJ~e ar c nt o your prortrt and is des- cribed as follows: I (PDS t Fe OS t ' 1 A-l rc AJ\ ` Co d ~°1-~ _i~ (o~(0 o y s eL (I c>r ( 0 0 I L n f. I - 3. That the property which is the subject of such Petition is located in the following torO67r ct a - - ( LL J n _0 'I -1 That b~ such clitihn, the undersigned will request the following relief: ~l ~e3~- "m~e. '~-f~'~-"l n0Rj (2' 5. That the provisions of the Southold -Town Zoning Code applicable to the relief sought by the under- / np 111 signed are Article Sections c [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. i 6. That within five days frotn the date hereof, a written Petition requesting the relief specified above will 'i be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you ntay then and there 1 examine file 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 J Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such I1 hearing *.n the ds and in the Long Island Traveler-Maltituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the 'j right to appear and be heard at such hearing. ct Dated: t J Pelitl ier i Owner 'Names: Post Office Address (F; O( k-ml r~ecl Tel. No. (S'IC~) (76 f..G(.~~rc S(6 '?Lj ~ ( l :a ,t [Copy of sketch or plan showing proposal to be attached for convenience purposes.] ,t ai .;7t PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAM€ ADDRESS Z3~ ~ ~ 0 1 1 s ( ~!`cc c •e E) (9 P 292 948 563 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL N (See Reverse) a sentJOHN P. DUMBLIS meek nf.0 115 TERRACE 4 P.12L CL H 8L"TZPNE% YORK 11003 a k Postage S .I Certified Fee special Delivery Fee Restricted Delivery Fee .j., Return Receipt showing to to whom and Date Delivered 0 t m Return Receipt showing to whom Date, and Adtlress of Delivery TOTAL Postage and Fees S Postmark or Date 0 _ a j STATE OF NEW YORK COUNTY OF-6f-Ft3CK) Its" / ~ $ 3 c h a&jz l tle~ residing at ( v ~c 1( o' being duly sworn, deposes and says that on the 7- q day of 19 !T lo , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, direc ed 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 ; that said Notices were mailed to each of said persons by (certified( (registered) mail. 7°1 Sworn to before e 11uis Z ?fl day of 19 !!I N r Public %j a -I ti Pipy, iW1k{~of NOW York NAY 1I ! 1 fa, Qgpllfigd in Now , zs`+k X1'i~ Gommiitalon fcxmila Rlram 1119, P (This side does not have to be completed on form transmitted to adjoining property owners.) j A `I ~~l ~J J~n~)7~~~ 1) _ I ~~~~a ~i_. - A d~ a„ r~ ~ ~v~1 a~~ ~~e, n~ ~~SS J j k r. a BOARD OF APPEALS. TOWN OF SOUTHOLD In dte Matter or the etition of )~~C y n,@~tJr NOTICE L`!^1 N V!Y TO to the Board of Aopeals of the Town of Southold ADJACENT TO: MQ5K OUr (S PROPERTY OWNER (e- vWV Ju&kson H42, V- C Y tc 3-7 1- YOU ARE HEREBY GIVEN 1101 ICE: j 1. Th it is lh intention of the undersigned to petition tine Board of Appeals of the Town of Southold i ~j to request a (Variance) Special Exception) (Special Permit) (Other) (circle choice] _i 2. That the properly whic~h ))s it a subject of the Pet7it~i~,~n i_s I}''calec adjac r t to your pro er y`a/nd is des- cribed as follows: pleI:eS'~-f~ IM I I- 7 o~ ~xi x000) Sec ( 1 ~E P~fo& of oo s.( 3. Thal the property which is the subject of such Petition is Ia~ d in the Jollovying zoning district: 00A ere k 0 uca 0 ~ c r r1f, -1 lh:u b~ such Petition, the under si tied will request the following relief; QAdS .s tcce {~vt(e ~e c~nJ~ h c/ r o r o f (sue S x r9-et/ 1 L s - 5. That the provisions of th Southold Town Zoning Code applicable to the relief sought by lire under- ! ~i signed are Article Section [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 76'5-1809. 7. Thal before the relief sought may be granted, a public hearing must be held on the matter by the Board of Aopeals; that a notice of such hearing must be published at least five days prior to lire date of such hearing : e. ~ °n the Long Island Traveler-Mattitock 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. I ~.6 Dated: esc C ft 1 46s 1- 1 Post Office Address +S (Np~~ Skofe- I f; Aj (O Lrf Tel . No. X 516) 4~1 -L S(b Zk~' f f 76 GC _i [Copy of sketch or plan showing,proposal to be attached for convenience purposes.] 1 PROOF OF MAILINC OF NOTICE ATTACH CERTIFIED 61AIL RECEIPTS NAM ADDRESS a MefV_ oJ~c 0 0, Ole C, j P 292 948 562 RECEIPT FOR CERTIFIED MAIL :f NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL I (See Reverse) a a $ePETER MESKOURIS m st'199arOSIODITMARS BLVD. t %j P. Jk"W'U"HTS, NY 1137 : N Postage S 1 Certified Fee ;51111' Special Delivery Fee rd Restricted Delivery Fee Return Receipt showing to whom and Date Delivered Return Receipt showing to whom, Date, and Address of Delivery 'i j TOTAL. Postage and Fees S o Postmark or Date 0 { E a a STATE OF NEW YORK COUNTY OF U.E.Ii -K j` '1 f I J ~C m! e residing at (.5 3 NMI& @~v ( 2 being duly sworn, deposes and says iliac on the '1-Q day of t r 19 Q 6 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of theahove-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 ,III the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at ; that said Notices were mailed to each of said persons by (certified) (registered) mail. z ~ 7~ ~j Sworn to before me this day of 19 rjl~ Lary Public i MPe tK 9//'~ tAollatV p1b 140.3 g983 fK ~tdil 1A.L ! tPil Coai~slo tEKpute z, Comm S'f I' (This side does not have to be completed on form transmitted to adjoining ` property owners.) y d04 rvf -a) 4? 5 S1 FORM NO.3 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) 61 Date ............~~j 19.. N2 23302 Z Permission is hereby granted to: p . Ji..... r.~....~. ~i7~~...•?-....../.19..7../ to Fig G.v.-........ t/ .......~.W e/..^... ~ ~v.~.................................................................. at premises located at..........IOO......'.... y~ ! i T r u . ~ c County Tax Map No. 1000 Section 1/~........... Block ......coml Lot No. ~ ` pursuant to application dated .........l...... 19.....0.., and approved by the Building Inspector. Fee 5....... B ing Inspector Rev. 6/30/80 d SURVEY OF , 5¦t~i .Q LOTS 13j 148 PIM2 a Ir P~ 'MAP OF POINT PLEASANT" AT AfAT-rf TUCK ro" OF SOUrHOLO I ,sy ix • FItbD N;Yrr f916 R0. 720 t~ ..re t~ P i ~ ? s SUFFOL K COUNTY, N. Y. l` Y tOO0-rI4-01-9J e ~ ' a JUNE d PR. r4,rser to , APR, 1989 t I tra'p~F - n MAr wR, ID89/f revis`zan )J 'r vT ;ta,dF ,i wi(LIYf !%4M(M.J 4P~!!t r i m r • .may V{l I I ' / v.C a F 2T r W At- tu Ci 4##I R°J ? 4~ N t i J 1 t B zF x pp / a+s + = ` nil tpf*+: 11~ - .~..~,.J J~J1 t I Ip ' I as 13 1 r ~i ~ t J m e ro ~/JY ~ ~~11" r'r°~ n Jam' 1 r p. za Ft y for f! 7 _ " p! ¦r K ¦ Prwpand iA¦cewda+rca rtDF Ihr *Am. ? r rlrrdards fpz 1i11~ svrv?jr aL ¦r trh6ah~d rar ~pp~y Z and 17t?d IMF A&VW=4ff 6j MaLU.LS and v ' : N q' Sr a6" 1r \ AREAJ:/111.1)911)(Ja`nf N Fla liner Ain SA YNpg Como .-5 Vvi- r BAAP( n is u z DLVPpM~scmwd Etg NC Y.Sr 17C: Na ^ 71 ¦S AD MR M ze / e S TPH z" z¦ z. tp n C!rlSC 3t/RY P.G r A L!A ROgp EYORS, r 765 - 5010 - re+FrpUA at -ft Atrfala[ra e' 4• DOD A A r • paipN. AIACIf RiDAD SOUrNOLrt NY rr97r 1~1: tst5.+1TlaT-Text 12 PROJEC'. IA. NUMBER I 67711 SCOR Appendix C State Environmental Quaiity Review SHORT ENVIRONMENTAL ASSESSMENT. FORM For UNUSTe?7s ACTIONS Only PART I-?ROUECT INFaRMATION (To Oe comDieted by AOOliCant or Project sponsor t. APPUGN715FON5On Gd ©C~(- I Z. PgO.IEC.'N E ~cJ ~ ` Q l c C 1\ C( N 3. PROJECT. L4G:70N: MuniclowltY .5; t \ county A. PRECISE LOCATION (sins ammo Anq..a iru b ens arammn+t Ianal'W' . ete- qr R. d maul (f l~ N 1`]'t~- ~l '~~y1~t„ M`{-- i+l..v-eC2f n r t7 U 5. is PROPOSED ACMCW. Neaa Emanzmn ? MoalflaaaNalteraNem fi. CESCRISE PRCJEC BRIE1~Y t~ ~OB/IN, v k0 VK . 7. AMOUNT OF LAND AFFMC-=L ' ( S 1V f O D« InttlalN aces Uinma[oW ` aatea 9. 'HILL PROPOSPs7 A~ C.^.MPLY WITH MISTING' NING OR OTHER =57ING LANG/USE RESTRIICiONS? l,^ r [ Yq If N0. 3eactCe gnetry \ ,Q (G~ s J e ' 'tom 1" a nc ~.CA3 o~ ~ PJ& I O knofQ 3 i lit III- 0v 9. WHAT Is ENT LAND USE iN VICNITY OF PRCJECI? L- ealatmum I..t lnausutal G Cammere3al C-Agnaulnne C PwiuFgresoCom aoaaa cm,,, pp Cesenae: T I C C ta. COES ACTION OL`!E A'PERMIT APPROVAL. OA FUNDING. NOW OR ULnMAYyc-~Y FROMp ANY OTHER GOVERNMENTAL AGENCY (FEDEFAL. r.ArE a Guz Ysa C.40 If yes. its aQtrnaylal alla oemmuaatuaaLs n. CO Y ASPECT OF THE HAVE A CURRENTLY VAUO PERMIT OR APPROVAL- ea LN^ It yew m.1 agSary natrre Ann oermtaaaafooal 12. As A ULT OF PgOPOSW ACTION WILL. MISTING PERMITUAPPgOVAL :aEOU1RE .Mcotf ICATION?T Yes 01 No I c=mFY TNAr'He INFORMATION PROVIDED ABOVE is TRUE -70 THE BEST OF MY %NOWLmGE (/~r~ Casc. ~ ` Aotnicanusoanzw name: C Signature: if the action I the COastat Area. and you are a state agency, ccmciete tine Coastai Assessment Farm before proceeding with this assessment OVEt (Continued on reverse side) ^he N._.S. °L this =or: an Onmental Qualier Review act reauirus submigsion , and d an eaviranment=l review will Lie made Ly t:ss ,;oar= before any action is taken. SHORT EDTVInONMENT_7kL ASS^eSSME*M 70[4M ' NSTRQCIONs - (a1 In order to answer the questions*Ln this short EAF it is assumed that the orevarer will use cua-ently. available i.aformatica =ace--. nq the project and the l _kaly impacts of the action. It is not eScpecced that additional studies, research or other investigations will. be unde-^aken_ (b) IF Say question has been answered Yes the project may be Sig- niicant and completed Environmental Assessment Farm is necessarv- (c) IP all questions have been answered No Lt is li.TCely flat the project is not sigpir-ic--t_ (d) MMvi--°nmental Assessment ' 1. W111 project result is a lace pbysi.eal change to the project site or pbysi-cslly• alter more . than 1a aces of land? __°es :_1140 2_ Will there be a major ctaage to any unique or unusual land form on the sits? ves 3. Will project alter or have a Lace e:?ac_ an ~-No . an xst:nq body or water? ' Yes _Va 4 Will project have a patentiaLv large impact on / groundwater quality? Yes Ya a. 911_7 project signi=icaa'-Lv eii:ect drayage :low / . on adjacent sites? ' _Yes No S. Will Project atlact any th._ataned ar endangered / ?land or animal species? "e5 No 7. Will project. result is a major adverse erract an / air qual ty? ve5 uc 9. Will Project have a major ettect an visual char actor Of the C'"""- •-'tay or scanic j views ar vi,s.as 'dawn to be immar-tant to rte community? _ves Yo 9- ."will project adversely impact any site or strudt- Pra of izistor'e, pre-historic, or ?aleontolagical - imnor^..anee or any site designated as a ciigal anv3--=ameata.L area by a local agency? -ve5 _NO . . Ia. Wily, project have a major eE_act an axis^`zg or ' Eature re~sationat opportunities? ' Yes _ yo - . I'. wi11 project result is - major ing t=c Problems or . Reuse a major es_ar_ to exis e.¢istiaq traasnaration . svs-teams? . 22. Will Project regularly cause objectionable odors noise, glare, vibration, or electrical distart^ ance asa result of the project's operation? v / _-es _vo will Project have any impact an publlc health ar safety? la- WILT project - the af_<act the e.~cistinq community directly causing a growcc s permanent =apula- lion by or more than 5 percmnt over,a one-year period or have a major negative a f _ °es >la character of the community or %eighbar:°°d?he L. Is there pub= ontroversy concerainq the pro. ' / _"e5 wa ?repare=,3 Signature- - prssentia r- ^ 23A 4/75 q- ~ Date- ~lj u Y I?'? 1-i 0 Ipd r)i b 0 a is I$ ^i H'd hl U r, n N m t+• . G rt a fi. li . N H+p p• fD ti + . r pt . ~ n a tt N t-' m N 71 p 'r ' ro n a n a rc n n m Ih id T. 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V, I p (pert a q n•odI Gp~ 14.0 G h1'. to' p4 1 qi +b t + ~e Id In N c p' IPj'• 4 0 .q _ a~ o rr i5 rt I 1 ~1t G' C~ w ter ri, f n, E I'' n to -7 11• a to At q j ft to It to N•Iq O N t7' U In to rv II P of C"t p ~r IrIi_ gN p prt N Iq p A ^ tt, ~wI to H n p IT N Iy'N In '111, If LLA to to `ro 0 p999 to ro (r 3 14 y M 14 E 11 C In V If Iu (D ti 1~ppppp % urt H,UI to Ill ~ to a' to H to ro Ii I'll ID M U In ro , •J ti rI Iy n. N Iyd v 1 n N n N IQ tl to rt ~r $ x a is ,y IT to to a 1 o fip H r i ro iqf i ~u° 3 1- III r-I p. ~'S' it t .ii ?+tro~p + ro li^1 S p Iu Ft n ft T If f1 4 P O E 11 n rt'~ p n N H ~~r ft [rrr, ' roro >~np ro p. -N ~-Z hrt P. H P In 0 ~ ro to ~r f t Pr to to P. I~ q P. 1 110 in i1 0 P, Iy' N l)I !P C,• - rt fu to tp + u pi ((pp ti 2 rrt N (pu Z rl a it # (r In U u rrY N f ppi (p It Iu I UI N N IA 19 A rl P rr r I I,. O rQG h' ~ rr to p, (I In 1 ff ff CI • rt 1n+ p to t1 H, W 1UnI IO 4l tri rnt ;i n r a p ip to 0 14 11, h IN4 t1 H. I'• li Ey p n ~r I ro u .J t1 I In ri t'• n i 1 h tp ',/J~p o N• f ~p 6 Ex (J ry V) h , 0 7 t lu lu ft b P1 ty N r ' LI 4 p FI' .J I t0 O 13 ro p to O tN • ~ ~ ~ ~ P ty ~ § 47-I3 WETZ~.YDS . § 97-I3 TOWN . Tne Town of Sout±aId_ T3IISIr.FS - The Hoard of Trustees of the Town of Southold- [Added 6.544 by 1,1,- Na. 6-19841 ~~~.VDS [Amended 8-2&-76 by L r Yo 2-I375: 7.25- 85 by I. L Yo S-L85h A. tlD1~L Wz LADIDS_ (1) All lands generally gyred or intermittently cav- ered with, ar whim border on. tidal waters. or lands lying beneath tidal waters, which at mean tow cide are covered by tidal ware=' to a maximum depth of five (5) feet incudinr but nor. limited to banns. bags, salt taarsh- swamps- meadows, fats or ocher low lying lands subject w tidal acdom (2) All banks. bogs. meadows, flats and tidal marsh subject to such tides and upon which grows or may grow same or any of the following: salt hay, black grua. saltworM sea lavender: tall cordg high bush. oils, ===.W( maartm~ilnty and IGw (3) AU L^nd itaasediateiy, zdjacantto a tid- Qe•land as deuned in Subsecion 112) and lying within seven- ty-ilve (75) "feet landwards of the mast landward edge of such a tidal wetland. . H_ (11 "c .shwa a wedands- as defined in Article 2,• l_ tle L_ § ?;-0I07, Subdivisions 1(a) to 1(d) inclusivie. ai the Eavironmencl Conservation ! :%v of the SL-te of 2•.v York: and all tand immediate4.: adjaccnc to a "L- shw, zter Ivet_ land-- as defined in Subsection 6(I) and lying with- in seventy.:tve (TS} feet landward of the most laad- war- edge of a -,.rc<_nwa:er ••vetL^ad." 470q _.es-as ain IarJ Nd.L.LG L w buUX-'1U~1 bargan vl Sale UceA. 11, Co.rnan" ga n 4rm6m' 1 u-Inrirvidual ur Cnrpmetrun. µingle sM1¢t) t t CONSULT YOUR LAV* BEFORE SIGNING THIS INSTRUMENT • THIS IUNIENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE, made the day of April nineteen hundred and ninety-th BETWEEN a 1~WYY 26350 LEONARD SCHLEGEL and DONNA SCHLEGEL, his wife, both residing at 1605 Point Pleasant Road, Mattituck, New York, party of the first part, and LARRY RAPPAPORT and LINDA RAPPAPORT, his wife, both residing at 153 West Shore Road, Kings Point, New York, party of the second part, WITNESSETH, that the party of the first part, in consideration of ten dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, 5i ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, 1"n lying and being in the } Town of Southold, County of Suffolk and State of New York, known and designated as Lots 13, 14 and part of lot 12 on a certain map entitled, "Map of Point Pleasant" and filed in the office of the Clerk of the County of Suffolk on the 17th day District: of May, 1916, as Map No. 720, bounded and described as ~000 follows: "Y Section: BEGINNING at a point on the southeasterly side of Home Pike 'l (Private Road said I'~.6G ) point being distant 855.24 feet northerly ;Block: from the corner formed by the intersection of the northerly side of Westphalia Road and the southeasterly side of Home DI Pike; Thence from said point of beginning, along the southeasterly side of Home Pike, North 28 degrees 41 minutes Lot: 00 seconds East 121.14 feet; Thence North 74 degrees 00 t, O 05 ~b minutes 00 seconds East 547 feet more or less to the mean high water line of Mattituck Creek as it appeared 4/14/89; thence along the high water line of Mattituck Creek the following two ceurses and distances: 1) South 19 degrees 20 minutes 40 seconds East 142.66 feet; 2) South 18 degrees 50 minutes 10 seconds West 152.63 feet to a point; Thence North 87 degrees \ 51 minutes 30 seconds West 583.12 feet to the point or place of beginning. Being and intended to be the same premises as conveyed to the parties of the first part by deed dated January 19, 1990, recorded January 20, 1990, in Liber 11008 page 427. 1 TOGETHER with all right, title and interest, if any, of the party, of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part; the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything \ whereby the said premises have been encumbered in any way whatever, except as aforesaid. (/J AND the, party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first;to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indentpre so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. ! IN PRESENCE 0 $ RECRIVED REAL ESTATE APn no lQg3 _ l TRANSFER TAX SUFFOLK 26350 N:w 11625H9'74 STATE OF NEW YORK, COUNTY OF Suffolk SS: STATE OF NEW YORK, COUNTY OF Sf: On the day of April 19 93, before me On the day of 19 before me personally came personally came Leonard Schlegel and Donna Schlegel to me known to be the individual described in and who to me known to be the individual ..described in and who executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that executed the same. executed the same. L? Z Wary Public L_ Notary Public, State of Now York No.5872225 Qualified in Suffolk County Commission Expires December 31, 1897~t STATE OF NEW YORK, COUNTY OF SS: STATE OF NEW YORK, COUNTY OF SS: On the day of 19 , before me On the day of 19 , before me personally came personally came to me known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with say that he resides at No. whom I am personally acquainted, who, being by me duly that he is the ; sworn, did depose and say that he resides at No. of that he•knows the corporation described in and which executed the foregoing instrument; that he to be the individual knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; to said instrument is such corporate seal; that it was so that he, said subscribing witness, was present and saw affixed by order of the board of directors of said corpora- execute the same; and that he, said witness, tion, and that he signed IT name thereto by like order. at the same time subscribed h name as witness thereto. Bargain and *ale Drrh WITH COVENANT AGAINST GRANTORS ACTS SECTION TITLE NO. BLOCK SCHLEGEL LOT TO COUNTY OR TOWN C Recorded at Request of RAPPAPORT CHICAGO TITLE INSURANCE COMPANY STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Return by Mail to Distributed by JAMES P. CALAMIS, ESQ. r 6143 Jericho Turnpike 'CHICAGO TITftf$ Commack, New York 11725 •-;I1VSUft[ANCfaC CO1SlPANY , Y Zip No. O r. Z C 7 ~ J ~ CC'A ~h O Ln LL T W y ~ Y rTl O LL W 11 .J• 0 U s N H W - K W I N L W APR 05 '93 14=06 EAGLE STRACT FAX#516-549-8976 •[y~}•t,~ I •~JJp, 12 ` FORM NO.4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy No 213909.. Date October 8 8 ..19.5. THIS CERTIFIES that the building deck addition . . Location of Property 160 Pt;. Pleasant Rd. Mattituok .......1"t Hemfe[ County Tax Map No. 1000 Section 4.... :Block l ......Lot 5........... . Subdivision ........Filed Map No. x ...Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated Au ltat 20 . 1485 pursuant to which Building Permit No. 1427OZ dated . , 6e~tamber 72 , . , , , , , , 19 8?, was issued, and conforms to all ofthe requirements of the applicable provisions of the law. The occupancy for which this certificate is•issued Is ,,,,Deck,addition; to. oxist3njj.one-Pamilp dwell The certificate is issued to TAN41 QHASE bow............... . of the aforesaid building. Suffolk Coutrty bepattment of Health Approval N~A . I UNDERWRIT$RS CERTIFICATE NO. . .....4". . . Building Inspector nw. uat RPR 05 '93 14=04 EAGLE ABSTRACT FAX#516-549-8976 ~j,{„E ~ac~~-115 Y • FORM NO. 4 • , TOM OF SOUTHOLD BUILDING DEPARTMENT Office of the Building inspector Town Nall Southold, N.Y. CERTIFICATE OF OCCUPANCY No 218674 Date DBCRMBSR 27. 1989 THIS CERTIFIES that the building armaQamrON AND ADDITION Location of Property 1475 POINT PLEASANT RD. MATPIT= House No. street Hamlet County Tax Hap No. 1000 Section 114 Block 02 Lot 5.I MAP OF 13, 14, Subdivision POZNT PLEASANT Filed Map No. _ 120 Lot_No. P/O 12 _ conforms substantially to the Application for Building Permit heretofore filed in this office dated AUGUST 28,, 1989 pursuant to which Building Permit No. 18553Z dated OCTOBER 3, 1989 was issued, and conforms to all of the requirements of the apPlioabla provisions of the law. The occupancy for which this certificate is issued is ALTERATIONS AND DECK ADDITION To E1Q8TIH0 ONE FAMILY PRILIBG. The certificate in issued to JRANNE FENKL .(owner, ) of the aforesaid building. SUFFOLK COUNTY DHPARTNBNT OF HEALTH APPROVAL A/A UNDERNRITERS CERTIFICRU N0. NDS0068 JULY 10, 1989' PLUMBERS CERTIFICATION DATED INNOVATIONS PLUMBING ¢ BEATING, INC. oar. 18, 1989 Building Inspe Rev. 1/81 - • APR 05 X93 14:02 EAGLE RBSTRRCT FPX4516-549 976 eGLE P.le a • TOWN OF SOUTHOLD • OFFICE OF BUILDING INSPECTOR TOWN HALL • SOUTICLD, NEW YORK CERTIFICATE OF OCCUPANCY August 26, 1983 NONCONFORMING PREMISES No. 211878 THIS IS TO CERTIFY that the lit Land J61 Building(s) r) Use(s) located at 1600 Private Aced 421 (Home Pike Road) Mattituek Street Hamlet shown on County tax map as District 1000, Section 114 Mack Or Lot part of ; does(not)COnform to the present Building Zone Code of the - - - Town of Southold for the following reasons: fend has insufficient area and width. On tbe•basin of information presented to the Building Inspector's Office, it has been determined that the above nonconforming rl Land N' Building(s) ruse(s) existed on the effective date the present Building Zone Code of the - Town of Southold, and pray be continued pursuant to and subject to the appU- cable provisions of said Code, IT IS FURTHER CERTIFIED that. based upon information presented to the Building Inspector's Office, the occupancy and use for which this Certifi- cate is issued is at. follower one-family dwelling. The Certificate is issued to CHARLES P. A NINA ZIEGLER .(owner, ieeserra tonant of the aforesaid building, Suffolk County Department of Health Approval N/A VNDERWRITERS CERTIFICATE NO. N/A NOTICE IS HEREBY GIVEN that the owner of the above pramisas HAS NOT CONSENTED TO AN INSPECTION of the premises by the Building Inspec- tor to determine if the premises comply with all applicable codes and ordin- ances. other than the Building Zone Code.- and therefore, no such inspection has been conducted. This Certificate, therefore. does not, and is not Wtended to certify that the promisee comply with all other applicable codes and regula- tions. *00 SUILDIHO PERMIT MAY BE ISSUED UNTIL APPROVAL OF ACCESS HAS SEEN GRANTED R,. PER ZISOLER'S APPEAL 43025. ON SEPTEMBER 30, 1952. Building 'speetor APR 05 X93 14:07 EAGLE MSTFbXT FPoN51tr,-549-0976 E~GL* 4od0~i13P.13 TOWN OF SOUTHOLD BOARD OF'SOUTHOLD TOWN TRUSTEES SOUTHOLD. NEW YORK W17MAN0a FgliMIT f[uekee Farmit 50. 2233 This Wetlands Permit No. has been grate by the Town Trustee according to information furnished In Application No ..5111,„»„„„„ filed by Appllcent?~! d Q?!„S41C.?giR2„ Chase _ on A M_ ; ;A_«..«., ig..U..„ A map of the proposed work Will be kept an file in the Trustee Office under the application number given. floe Permit premed to do the following'work To construct . s _ fined dock reP and ,~_..»„.....f._....„.„. «to be• asosued.bd ~~'ilee„:......«....„.».«..„..........„.....„.._.........»«...._ Location of property on which work to be dam .2'one Pike Creek. Bay or Harbor fr=lhg property Size of work, Langth.„_ 1301 fixed „dock. 160r»sep.11i 2 tloac _ „ Width » 41 fisted dock, 3' romp And 61 floc:..„..„.„..„.. Height Above High Water 4 Depth Below Low Water yards to be Excavated a. Yards to be Filled ...._.„.»»«..._.°./Q_....„„._........_...»„.........» Manner In which material Is to be removed or deposited Intended use of property Residential Conditions If any Expiration Date R!t~ober»»301•»1986 if work•has mt ~"~.Lno~d~ b=•..Ig~A..AnFga.._..... nspection$RegUfrad..2-Trustass are to be noc„ified nA4B...4~ig„fd3l~liREitigg.8.~s... IftmbME e Inspection Fees «AW .P.did..........„....._......„.........„.........„„.....-„........„„..„............„....„....»...„. Liability Policies In the Amount of The validity of this permit N or may be subject to the approval of other governmental or municipal authorities The Town accepts no responsibility in applying for or abtalneng such approval. In the 'evens that such approval is necessary, the holder of this permit shall not commence operations hw& under until such approval bas been obtained in writing. The failure to obtain such other approval when required shall subject this permit to immediate revocation by the Trustees upon receipt by the Trustees. of written notice from such other govemmantal or munklpai sutirorklesof Its ref nd or ditepproval. ;G- tL S41. J J r t°~ ~ - SURVEY OF LOTS 13Jr4APIM2 'MAP OF POINT PLEASANT° 2 a AT MATTITUCK 4 r jo ~ T a00 OWN OF SOUTlrOLO 4~ I+r~ f~Plp t to raEO ulrfrtstN rid. r20 ` SVFFOLK COUNYY, MY. PN MO-04-Of-9.f LOT d VAR& J o° J' i JGLE 7'• 40' l } C m y JUNE tmoa9rg - I _ wr IM lewD§ f rrr7sieN 1 ° i j U3 •wj . T I , r t / des./.Fi.rlraa ee..detr f• s S` _ ?bueh tL Na rus l 23 [ nalws zr - ' 3 19 ° . lsS 7 .1 U 14 //(JjJ(j, it \ a 0 ad seg.~ O-r _ G- el al A jo t n M !Of 16 (h[sR`r1bi•Rrit^ ~1• ~y`~ ` Ia t~ ate )x tiles Jwr[f+ u[[ hS6iGId ri - Lard ~np~evW and [ddUtid ~ I`}~ I K i ~ sy[ (r Ih. A4+ YerF 3rrfd 6o+bid a• ~~orr ree'inea e TWO t` n m i7RF /b. iD9~-$gTiEtC7 CGWP +,;`C ' If sD" lr ANEA- 2.DD++JI(acnsmr`/c last' A car If dAroK J7° .AMA Era 1. k N is 14}31zL +e t/Olt7LS R~lCiKlOE7. 4+ IXUN6 $LYfYEYCRS~ P. 29 lllm n K :e 763 - My 24 FIX, DOD ~ >b a~[OWN[1[x R[F[[[x[[0 SOUfMgLQ N.Y trA71 Z. WESTPHAtfA r:aao 0 TOWN of SOWHOLD OFFICE OF BUILDIN INSPECTOR Town Hall Receipt NO. 5 0 9 2 6 Southold, New York 11971 C2 nc.h..! Date Receive of ~ )n k . c U~t /loo Dollars For L Fee for Fee for Fee for Fee for Certificate ? Yard Sale ? ? ? H.I.C. C318uilding Permit ? of Occupancy ? Misc. ? Cash E Chack --3 5..... Building Depar\ nt '.N Ge?"t!'G . t . J....... r1G.: R.Pf /~okT CF'.CR> w v . r......1:/X.71 to 1+/I: K.! 4.9 ?......../Y .4! ~ ,/~~........w!frc~ .r'.. r.... f w' .y r., y.......: ' as . ~r .........../r~.J............ .0q , e r . ~ at premises located at.......... ~ll1.Q., ......lGf. •f .4l rtl1 County Tax Map No. 1000 Section 1......... Block (V lot No... pursuant to application dated 19..... ~o.., and approved by the Building Inspector. du Fee $.......~,d...:. mar / B ding Inspector Rev. 6/30/80 .••.~p.~^p^~wmr.wn..nnnnm+mrq~5wr~x~~•+v,.~• FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOMIN HALL SOUTHOLD, N.Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Date ?1~` 19.. 23302 Z Permission Is hereby granted to; ...1 w1 Al. •.....le/X ZI To ...1--4N 4 :....../'fir / 5 . e! r 4! • at premises located at....... ...I6ar........ l,Li~!!I....... ?lT~~'.aYl"..../`:. County Tax Map No. 1000 Section...... /W Block 0/.......... Lot No...3...................... pursuant to appilcatlon dated 4-11 .....ez 19.....(... and approved by the Building Inspector. Fee $.......7 . .9 P B In Ins actor Rev. 6/30/80 Southold Town Board of Appeals -10- September 30, 1982 Regular Meeting (Se s for 10/21/82 continued:) Appeal No. 36 - Ralph and Jane Armbrust - n Appeal No. 303 Martin and Alma Appeal No. 3038 - M ael and ette Collins Appeal No. 3040 - Josep Burruano, Esq. Appeal No. 3041 - Pe R. M nell Appeal No. 3042 - drew and Katy itis Appeal No. - Nicholas W. Ippolito - Appeal 3029 - North Fork Bank & Trust Co. ote of the Board: Ayes: Messrs. Goehringer, Doyen, Gri -s, glass and Sawicki. This resolution was unanimously /adopted. RESERVED DECISION: Appeal No. 3025. Upon application of CHARLES P. ZIEGLER by Gary Flanner Olsen, Esq., Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article II, Section 100-23(C) and Article III, Sections 100-30 and 100-31, Bulk Schedule, for permission to locate buildings with insufficient setbacks as exist on the premises due to the proposed location of the subdivision lines and for permission to retain garage use of building on Lot No. 2, and for a Variance for Approval of Access, New York Town Law, Section 280-A. Location of Property: Home Pike Road, Mattituck, NY; Subdivision Los No. 12, 13 and 14 as shown on Map of Point Pleasant No. 270; Suffolk., County Tax Map Parcel No. 1000-114-1-5. The public hearing on this application was held on September 9, 1982, at which time the hearing was declared closed, pending additional research and deliberations. The board made the following findings and determination: By this appeal, appellant seeks: (a) permission to divide the entire 3.5-acre parcel into two parcels, Parcel 1 having an area of 89,000+ square feet with a road frontage of 121.14 feet, and Parcel 2 having an area of 44,000+- square feet with a road frontaqe of 80 feet radius; and (b) approval of access over private roads'known-as Home Pike Road, extending 519 feet over Silkworth Road, and extending further approximately 499 feet to Westphalia Road. The access roads in question are shown to have a minimum width of 30 feet. Existing on the land in question is a large one-family house on Parcel 1 and a garage structure in disrepair on Parcel 2 set back 12 feet from the southerly sideyard line and slightly forward of the front of the house on Parcel 1. The premises in question front along Mattituck Creek and approvals have been obtained from the N.Y.S. Department of Environmental Conservation under Permit No. 10-82-0185. For the record, it is noted that the Southold Town Planning Board has approved this subdivision as a "set-off" pursuant to Section 106-13 of the Code on August 18, 1982. It is the opinion of the board that to deny the relief requested Southold Town Board of Appeals -11- September 30, 1982 Regular Meeting (Appeal No. 3025 - Decision for Charles P. Ziegler, continued:) t would result in practical difficulties to the applicant in that: (a) there is more than 40,000 square feet of land area applied to each parcel and without a frontage variance, a division would not be possible; (b) the structure on Parcel 2 is existing and is located with reasonable setbacks from all property lines, and without this variance, the building would have to be removed; (c) this access is the only way feasible to this property, and is also utilized for access to other parcels along this route. In considering this appeal, the board determines that the variances requested are not substantial; that the circumstances herein are unique and practical difficulties have been shown; that by allowing the vari- ances no substantial detriment to adjoining properties would be created; that the difficulty cannot be obviated by a method feasible to appellant other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of zoning; and that the interests of justice will be served by allowing the variances requested, as indicated below. On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that Appeal No. 3025, application of CHARLES P. ZIEGLER be and hereby is APPROVED, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the building existing on Parcel 2 at the time of this determination and as shown on the Amended Map of 8/31/82 shall not be considered a principal structure or dwelling. In the event that at any time in the future this building on Parcel 2 is to be used, reno- vated or occupied as a principal building, the.same must be moved so as to conform with all front, side and rear yard requirements of the code for principal buildings. 2. That no sideyard variances shall be granted for any dwelling erected on either of these two parcels. 3. That the access roads to these parcels shall be improved in the following methods: (a) Commencing from Westphalia Road and extending approxi- mately 499 feet along Silkworth Road: [1] a minimum width of fifteen feet and [2] such minimum 15-foot width shall be surfaced with a minimum depth of two inches of packed three-quarter-inch stone blend so as to afford access for emergency vehicles. Such stone blend may be either applied to the ground surface and shaped, or the surface may be excavated to permit the application of packed blend to a depth of two inches; (b) Commencing from Silkworth Road and extending approxi- mately 519 feet along Home Pike Road: [1] a minimum width of fifteen feet and [2] such minimum 15-foot width shall be surfaced with a Southold Town Board of Appeals -12- September 30, 1982 Regular Meeting (Appeal No. 3025 - Charles P. Ziegler, continued:) minimum depth of four inches of packed three-quarter-inch stone blend so as to afford access for emergency vehicles. Such stone blend may be either applied to the ground surface and shaped, or the surface may be excavated to permit the application of packed blend to a depth of four inches; 4. Where the terrain of the land over which such access roads are traversed is such that drainage problems may occur, the applicant and/or owners shall be required to construct such drainage facilities as may be recommended by the Town road engineer; 5. That this access road must be maintained at all times in good satisfactory condition as stipulated above for access by emergency vehciles; 6. That this access road be approved by the Board of Appeals or Town road engineer as to meeting the above requirements; 7. That this variance is subject to referral to the Suffolk County Planning Commission pursuant to Sections 1323, et seq. of the Suffolk County Charter; 8. That this variance is subject to approvals from the N.Y.S. Department of Environmental Conservation and the Southold Town Planning Board; 9. That no certificate of occupancy shall be issued for these premises or for the construction of any buildings or structures, or for existing buildings or structures on these premises, to which this access is referred until all of the conditions set forth herein have been complied with. Location of Property: Home Pike Road, Mattituck, NY; Map of Point Pleasant Subdivision Lots 12, 13 and 14; Suffolk County Tax Map Parcel No. 1000-114-1-5. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. J1. APPEALS BOARD MEMBERS SCOTT L. HARRIS Gerard P. Goehringer, Chairman Supervisor Charles Grigonis, Jr. z Serge Doyen, Jr. 3 - 1 Town Hall, 53095 Main Road James Dinizio, Jr. P.O. Box 1179 Robert A. Villa a Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Telephone (516) 765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD Appl. No. 4083. Application of 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 Home Pike 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 of total lot area); County Tax Map Parcel No. 1000-114-1-15.1. WHEREAS, a public hearing was held on March 5, 1992, and all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. By this application, appellant is requesting approval of the placement of a stockade fence in the front yard area extending from the front property line in an easterly direction approxi- mately 185 feet (along the northerly side property line. 2. The premises in question contains a total lot area of approximately 88,900 square feet - as shown on the set-off map approved by the Southold Town Planning Board on August 18, 1982 (for Parcel 41). This parcel is located in the R-40 Zone District and has a frontage (lot width) along Home Pike Road of 121.14 feet. Access to this property is over Home Pike Road, a private road, which was the subject of a conditional 280-A approval under New York Town Law rendered September 39, 1982. 3. The subject premises is improved with a two-story frame house situated approximately 185 feet from the front (westerly) Page 2 - Appl. No. 83 Decision Rendered March 5, 1992 Matter of LEONARD AND DONNA SCHLAGEL property line, and 15.5 feet from the northerly (side) property line at its closest points. 4. Article XXIII, Section 100-231 of the Zoning Code provides that: Fences within five (5) feet of the property lines may be erected and maintained, subject to the following height limitations: A. When located in the front yard along the front lot line, the same shall not exceed four (4) feet in height. B. When located along side and rear yards, the same shall not exceed six and one-half (6-1/2) feet in height. C. When located other than in the front yard area or along side or rear lot lines, the same shall not exceed eight (8) feet in height. 5. The fence area which is the subject of this variance application is that area located in the front yard, along the side property line, extending approximately 185 feet in length. The fence area beyond this front yard area does not require a variance since the height will conform to subsection B of Section 100-231. 6. It is the position of the Board in considering this application that: (a) the circumstances related to the land and building are unique - the minimum requirement in an R-40 Zone District for the front yard setback is 50 feet, and the principal dwelling as exists is set back more than three times the minimum requirements, increasing the size of the limited front yard areas; (b) the relief is substantial in relation to the requirement, being a variance of 50% {from four feet to six feet); (c) the relief as granted will not be an increase in use density and is intended for screening and privacy purposes; (d) the relief, as alternatively granted, is not unreasonable and is due to the uniqueness of the property as noted previously; Page 3 - Appl. No. 83 Decision Rendered March 5, 1992 Matter of LEONARD AND DONNA SCHLAGEL (e) although there is an alternative for appellants to pursue, the appellants' request is not unreasonable and is practical under the circumstances; (f) the variance, as alternatively granted, will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town, be adverse to neighboring properties, or alter the essential character of the neighborhood. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Goehringer, it was RESOLVED, to DENY the relief as requested for a six foot fence the entire 185 ft. length, and BE IT FURTHER RESOLVED, to GRANT an alternative permitting the following fence height relief: (1) the first 24 ft. extending easterly from the front property line (at Home Pike Road) have a gradual reduction in height from the six ft. height to a height of 4'6" {for better visibility for vehicles exiting the premises). (2) there be no extensions for fencing along or within other front yard areas above four feet (only that as granted for the northerly (side) property line in the front yard area). Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Dinizio, Villa and Goehringer. This resolution was duly adopted. lk GERARD P. GOEHRINGER,, CHAIRMAN r