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Home My WebLink About4234 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS Southold Town Hall 53095 Main Road P.O, Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Appeal No. q23q: Application of ALEX AND MARION WIPF. This is a request for a variance under Article III, Section 100-33C for permission to locate an accessory garage with a frontyard setback at less than the required ~0 ft. front-yard setback. This parcel is nonconforming with a lot area of approximately 21,600 sq. ft. and frontage of 118 ft. Location of. Property: 9q4) West Crcc~ Avenue, Cutchogue, NY; County Tax Map Parcel No. 1000-103-13-7. WHEREAS, public hearings were heldon May q, 199~ and June 8, 199q, at which time all persons who desired to be heard were heard, and WHEREAS, the Beard has carefully considered all testimony and documentation submitted conca-ning this application: and WHEREAS. Board Members have personally.viewed and are faeitiar with the promises in question, its present zoning, and the surround- ing areas: and WHEREAS, the Board made the following findings of. fa¢t: 1. The promises in question is located along the westerly side of West Creek Avenue with a road frontage of 118 feet, having a frontage along West Cr:c?, of approximately 89 feet (along a tie line), and having a total lot area of 21,1160 sq. ft. to a tie line along the high water mark of the creek [confirmed by Roderick VanTuyl, surveyor) and inclusive of wetland area, and 20,67S+- sq. ft. for upland area when excluding the wetlan(t area. 2. Submitted for consideration is a copy of a 1969 survey with a penned-in drawing of the general area of the proposed 2q ft. by 2u, ft. accessory garage in the front yard area. 3. The survey as prepared in 1969 shows an existing acr~sory garage structure partly in the front yard and partly in the side yard. Also shown is an existing twa-story single~fomily, frame house situated 93+- feet from the front property llne, 22+- feet from the southerly side property line, 33+- feet from the northerly side Page 2 - AppI. No. 4234 Application of ALEX and MARION WlPF Decision Rendered June 13. 199fl property line. and 70+- feet from the rear prop~-ty line. which is also sho~n on this 1969 survey to be the ordinary high-water mark. that: Article, III. Section 100-33A of the Zeniflej Code provides ...accessory buildings and structures or other accessory usesshatl be located, in the required rear yard..., and Article III. Section 100-33C of the Zonincj Code provides that: ...accessory buildings and structures or other accessory uses shall be located in the required rear yard. subject to the following requirements... C. In the case of a waterfront parcel. accessory buildings and structures may be located in, the front yard. provided that such buildings and structures meet the front-yard setback requirements as sat forth by~ this Code .... 5. Section 100-2~B provides for a minimum forty (qO) ft. front yard setback requirement in this R-q4) Low-Density Residenti~d Zone District for properties which are single and separate ownership and established as a legal nonconforming lot of over 20.000 squm-e feet but less than 39.999 square feet. 6. By this application, appellarats are requesting to locate a proposed free-sta~din9 accessery gaflacje as amended from the original request at 18 feet. to 28 feet from the front property line at its closest point. The amended sketch was received on June 3. 199~. after the applicants were encourm3ed by Board Members at the May 4~ 199~ hearing to consider an alternative setback at a greater distance (instead of an 18-ft. front yard setback) particulaely when there is adequate land area is available to position the building without a variance { with a ~O-ft. setback }. 7. The applir, ants then submitted a sketch, amended on June 3. 1994. showing the proposed 24 ft. by 24 ft. gara~je with a setback at five feet from the northerly-side property line and 28 feet from the northerly property line. It is the opinion of the Board Members that the area chosen is not the minimum necessary and find that there are greater setbacks avaiJable in the same front yard area much closer to the ~O-ft. requirement. Page 3 - AppI. No. 4234 Application of ALEX and MARION WIPF Decision Rendered June 13. 1994 8. Also. in considering this application, the Board finds: (a) that the location of~ a garage at 28 feet or less from the front property line will create an undesirable change and prer.~dents in,the neighborhood and nearby properties; (b) that the relle~, as requested, is substaetial~ at 30 perce~t; {c} the reasons-furnished by appetlmats are not sufficient to warrant a grant of; the varimace requested; (d) there are alternative setbacks possible, and land available~ for appellant to pursue which would be more feasible, under the circumstma~; (d) the location requested is not within the character of the immediate area; (e) the intent of this recent change in the zoning code added December 22. 1992 under Local Law No. 33-1992 is to maintain and continue the est~lisked principal setback line in residential neighborhoods and to allm~ accessery buildings landward of the existing residence on waterfront parcels without the need for a variance; {f) the grant of the altmmative relief noted herein is adequate and at the same time preserves and protects the character of the neighborhood, and the health, welfare. safety and welfare of the community. Accordingly. on motion by Member Dinizio, seconded by Chairmen Goehriger, it was RESOLVED, that the requested reduction in the front yard setback from ~O feet to 28 feet, as amended, or less, for a proposed additlona[ a~ory building as requested under Appl. No. ~23~ in the Matter of. the Applir. ation filed by ALEXANDER and MARION WlPF. be and hereby is DENIED as applied, and be it further RESOLVED, that the folleeing ALTERNATIVE RELIEF be and hereby is granted: 1. That the proposed 2~ ft. by 21~ ft. accessory garage building be located at a setback no closer than 35 feet to the front property line at its closest point. 2. That the subject acc~-y building be located at a setback no closer than five feet to the northerly side property at its closest point. 3. That plumbing, if proposed at some point in time. be permitted with the under=ta~Jing that it is limita~ to use at the exterior of the building (such as an outdoor sho~er or hose) on the westerly side {facing the water and the house}. ~,. That electricity is permitted. 5. That outside lighting, if any. must be shielded to the property without glare or disturbance to nearby areas. Page ,4 - Appl. No. 4234 Application of ALEX and MARION WIPF Decision Rendered June 13. 1994 6. That the height of this,accessory building shall not exceed the 18-ft. height restriction from natural ground leve~ to peak. 7. That the use of this gm,age building shaH; be limited to storage and/or studio use as restricted by Section 10~-31C pertaining to accessory buildings, and shall not be used fo~, habit=ale or other unauthorized purposes. 8. That this variance will expire two years from the date of the filing of this determination with the Town Clerk's Office. except when a building permit has been properly obtained and construction commenced for the subject accessory garage building. 9. That future enlargement or expansion of the buildimJ (to more than the requested size of 24 ft. by 2~. ft.) will further application and consideration by the Beard of Apfleals~ require Vote of the Beard: Ayes: Messrs. Dinizio. Wilton and Goehringer. (Members Villa and Doyen were absent. ) This resolution was duly adopted. Ik %ND FILED BY 'i~!E SOUTi_~.~D TOWN CLLi~i DATE ~'~ }~]OUR /o.o~, Town Clerk, Town o[ Southold APPEALS BOARD MEMBERS Gerard P. Gcehringer, Chairman Ser~ Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOA_W/) OF APPEALS TOWN OF SOUTHOLD NOTICE OF PUBLIC HEARINGS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS~ at the Southoid Town Hail, 53095 Main Road, Southold, New York 11971, on WEDNESDAY~ JUNE 8~ 1994~ commencing at the times specified below: 1. 7:30 p.m. Appl. No. 4235 - KlM FALLON and CYNTHIA SUTRYK. (Hearing Continued from May 4, 1994) This is a request for a variance based upon the April 4, 1994 Notice of Disapproval from the Building Inspector to locate accessory building in the front yard area. Location of Property: 3200 Soundview Avenue, Mattituck, NY; County Tax Map Parcel 1OOO-94-2-5. 2. 7:35 p.m. Appl. No. 4234 - ALEX AND MARION WIPF. (Hearing Continued from May 4, 1994). This is a request for a variance under Article Ill, Section 1OO-33C for permission to locate an accessory garage with a frontyard setback at less than the required 40 ft. front yard setback. This parcel is nonconforming with a lot area of approximately 22,000 sq. ft. and frontage of 118 ft. Location of Property: 940 West Creek Avenue, Cutchogue, NY; County Tax Map Parcel No. 1OOO-103-13-7. Page 2 - Notice of Hearin~J~ Sbuthold Town Board of Appeals Regular Meeting of June 8. 199L~ 3- 7:40 p.m. Appl. No. 4246 - LKC CORP. and JASTA~ INC. This is a request for a Special Exception for permission to establish a drinking establishing use as listed under Article Xl, Section IOO-101B in an existing principal building. The subject premises is nonconforming with a lot area of approximately one-half acre and 115+- ft. frontage along the north side. of the B-General Business Zone District. Road, Laurel, NY; County Tax Map No. the Main Road and is Property Address: 1OOO-122-6-36. located, in 6955 Main 4. 7:50 p.m. Appl. No. 4245 - GEORGE AND SUSAN TSAVARIS. This is a request for a variance under Article XXIII, Section 1OO-239.4A for permission to locate swimmingpool with fence enclosure within 100 feet of the bluff of the Long Island Sound. Location of Property: 2170 The Strand, Eot 111 at Pebble Beach Farms~ East Marion, NY; Parcel ID No. 1000-30-2-53. 5. 7:55 p.m. Appl. No. 4244SE - DEPOT ENTERPRISES~ INC. This is a request for a Special Exception, as amended, to include approval for the location and use of a proposed addition.to the existing principal building located at 320 Depot Lane, Cutchogue, New York. The proposed addition is an expansion of the existing recreational membership club and is located in the Residential-Office (RO) Zone District. Property ID No. 1000-102-2-12.1. Page 3 - Notice of Hearin~ Sbuthold Town Board'of Appeals Regular Meeting of June 8, 1994 6. 8:05 p.m. Appl. No. 4249 - SANFORD AND SUE HANAUER. This is a request for a Special Exception to establish and operate a Bed and Breakfast in accordance with the provisions of the zoning code at Article III, Section 100-31B(15), with owner-occupancy, and as an accessory to the existing principal residence. Location of Property: 4105 Soundview Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-94-3-part of 1.7, also known and. referredto as Lot No 2 on the Subdivision Map of Robert and Jean Lenzer. 7. 8:10 p.m. App]. No. 4240 - JOHN CROKOS. This is a request for a variance under Article XXlX, Section 1OO-239.4A based upon the May 4, 1994 Notice of Disapproval from the Building Inspector for permission to locate swimmingpool with fence enclosure within 100 feet of the bluff along the Long Island Sound. This property was the subject of prior Appeals under Appl. No. 4204 as rendered~12/8/93 and Appl. No. 4140 as rendered 2/23/93. The subject premises is improved with a single-family dwelling and contains'an area of approximately 40,000 sq. ft. (total lot area). Location of Property: 2110 Grand View Drive, Orient, NY; Lot No. 7 on the Map of Grand View Estates; County Tax Map Parcel No. 1OO0-14-2-3.11. 8. 8:15 p.m. Appl. No. 4241 - RICHARD LAN.. This is a request for a variance under Article ILIA, Section 1OO-3OA.4 (ref. Article Ill, Section 100-33) based upon the May 4, 1994 Notice of Disapproval from the Building Inspector in a building permit application to construct Page ~, - Notice of Heari~ 5outhold Town Board of Appeals Regular Meeting of June 8, 199~, pool and deck in the front yard area, as an accessory use. Location of Property: 230 Bridge Lane, Cutchogue, NY; County Tax Map Parcel No. 1000-111-15-1.4 and 1.5 (Tax Map Parcel No. 1.4 totals 2.478 acres and Parcel No. 1.5 totals 1.088 acres). The subject premises is located in an R-40 Low-Density Residential Zone District. 9- 8:20 p.m. Appi. No. 4243 - MOORE'S LANE HOLDING CORP. This is a request for a variance under Article V Section 1OO-53B, Section 1OO-31C (ref. Section 1OO-33), and Section 1OO-231, based upon the May 4, 1994 Notice of Disapproval from the Building Inspector for permission to locate accessory uses (tennis court, swimmingpool and pool clubhouse) in an area other than the required rear yard, tennis-court fencing at a height of more than four feet when in a front yard area. Location of Property: 475 Cedarfields Greenport, NY; County Tax Map Parcel No. premises is located in the Ham]et-Density and with located Drive, 1OOO-40-5-1.42. The subject Zone District. 10. & 11. Property: Parcel No. 8:25 p.m. TONY AND MARIA KOSTOULAS. Location of 1035 Aquaview Avenue, East Marion, NY; County Tax Map 1OOO-21-2-13. This property is nonconforming as to total lot area in this R-40 Zone District. Appl. No. 4098 (Continued Hearing) This is a request for a variance under Article XXIII, Section 1OO-239.4 for approval of a deck extension located within 1OO feet of the bluff of the Long Page 5 - Notice of Hearir~ 5outhold~Town Board of A~peals Regular Meeting of June 8. 1994 Island Sound; Appl. No. 4248 - This is a request for variance under Article IliA, Section 100-30A.3 for approval of a deck addition with insufficient side yard setbacks. 12. 8:35 p.m. Appl. 4247 HUGH T. and CAROL L. CONROY. This is a request for a Special Exception to establish an Accessory Apartment in conjunction with the owner's occupancy within existing residence as authorized under Article Ill, Section 1OO-3OA,2B and Section 1OO-31B(14) of the Zoning Code. Location of Property: Westerly side of Gin Lane, Southold, NY; also referred to as Lot #2 on the Subdivision Map of Bay Haven filed in the Suffolk County Clerk's Office as Map 2910; further identified on the County Tax Maps as 1OOO-88-3-6. 13. 8:55 p.m. Appl. No. 4239 - MARGARET BEST and ADYLYN SYVERSON~ This is a request for a variance under Article ILIA, Section 100-3OA,1 based upon the May 2, 1994 Notice of Disapproval by the Building Inspector for approval of the proposed insufficient lot area and insufficient lot width of proposed Parcels #1 and #2. Location of Property: Private Road #17 extending off the easterly side of Camp Mineola Road, Mattituck, NY; County Tax Map Parcel No. 1OOO-123-6-17 The subject premises contains a total lot area of approximately 1.2 ' Pag~ 6 - Notice of Heari~ $outhold Town Board of A~Speals Regular Meeting of June 8, 1994 acre(s) in total area and is located in the R-40 Low-Density Residential Zone District. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. If you wish to review the files or need to request more information, please do not hesitate to call 765-1809 or visit our office. Dated: Nay 23, 1994. BY ORDER OF THE SOUTHOLD TO~N BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski X FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date .. PLEASE TAKE NOTICE that your application dated ./.,/' .~.~ lc) ~,~ for permit to ...C~.~. .... ~ '~/ .... '~'/~''-'--~-C-'~-7/:C-d'.q---~.. ~'~"...~. ~ at House No. Street . County Tax ~a~ No. 1000 S~ction . ./~ ....... moce ...d~: ....... Eot ...~ ....... Subdivision ................. Filed Map No. r ............... Lot No .................. is returned herewith and disapproved on the foIlow~g grounds. ~~~ ......... ............ Bui/d~ffg Inspector ....... RV 1/80 : ../ RECEIVED APR 1 2 1994 $outhold Town Clerk APPEAL FROM DECISION OF BUILDING INSPECq'OR TOWN OF SOUTHOLD, NEW YORK APPEAL NO. DATE. A .P..R.I..L... :.1. · .1.,... !...9.94 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ALEX & MARION WIPF 940 West Creek Ave. l, (We) .................................................................. of ............................................................................ Name of Appellant Street and Number .. CUTCHOGUE NEW YORK ....... ;;:~. ................................................................ ,~ .......................................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR. ON APPLICATION FOR PERMIT NO ..................................... DATED ...... .N...o..v..e...m..b...e..:.....9.~.....[..9...9..3. .......... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ALEX & MARION WIPF Name of Applicant for permit of 940 West Creek Ave., Cutchogue, New York 11935 Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Permit to Build I. LOCATION OF THE PROPERTY ~9~4~e~s~C~:~e~e~.~¥~e~-~:~C~.?~t~c~[~~/L~w Street /Hamle~ / Use District on Zoning Map Density' District 1000 SectionlO3Block13Lot ? . . ............................................. Lz..~urren: O~ner A'lex & Marion WiDf Mop No. 'Lot No. Pr~0t Owner .iC. hester& Charlbtte Bebe~ 2. PROVISION (SI OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning OrHinance by number. Do not quote the Ordinance.) ArticlelOO-30a.~ecti0n 10033 C 100-30a.4 3. TYPE OF APPEAL Appeal is mode herewith for (please check appr'opriate box) (X) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of ~ccess (State of New York T~vn L,lw Chap. 62 Cans. Laws Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal has not been mode with respect to this decision Of the Building Inspector or with respect to this property. '. S~ch appeal was ( ) request for a special permit ( ,1 request for o variance and Was made in Appea! No ...... ~ .......................... Dated .................. ~ .......... t ...... ; ................................. REASON FOR APPEAL ., ( ) A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance ( ) :: is requested for the reason that I must replace the current one bay garage located to the North of the house, be- cause it is storm damaged, with a two-bay structure due to insurance requirements for both a boat and a car and storage space overhead because my basement is always wet and I need a dry storage area with good air circulation. ~orm Zl~l (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unnecessary }~RDSHIP because it would place the garage to the front and left of the house, a spot that is uniquely suited for use as a garden. Loss of this gar- den space creates hardshio because I supplement my income by selling dried flower arrangements and I plan to use this space to raise some valuable stock. I am a professional actor who sometimes experiences extended periods of unemployment in my field. My wife has always made a living working in the business world. Last year she was injured in an auto accident and will be unable to return to work in a traditional office environment. She also arranges flowers. We would like to take advantage of the space available to us to not only raise traditional stock, but delicate and exotic spring and summer varieties. These flowers can be freeze dried, a'new technique, and command a good price in the west end (Manhattan) marke I have always been an avid gardener and amateur horticulturist and need a place in which to work. The more exotic the varieties I raise, the more valuable theV be- come. The location is not. only unique because it is the sunniest on the propertV, but it is also protected from the prevailing winds by the surrounding buildings and tree line. In addition, I would like to build a small porch, wheelchair ramp and entrance to the northside ground floor bedroom that would overlook the garden for use by our elderly parents and eventually by ourselves. Trying to squeeze the building next to the house would eliminate the garden and porch, block the water view from the road and place a building housing gasoline and gas engines danger- ously close to the living space. If the building were positioned according to cod I ~;ould lose an old growth maple on the front road to make room for the driveway and the building would shadow the small garden space that would be left. 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 my property is an undersized parcel with severely angled side yard property lines. The North side property line is 24 ft~ larger than the south and runs at an approximately 60 degree angle from the road. The road line is 30 ft. longer than the waterside. Waterfront property is always unique because you don't have the freedom to build in the rear yard space. The building site would take advantage of the extra space in the northeast corner of the property. It would be backed by a 15 ft. drainage easement that is heavily wooded so that the view from the road is a building backe by trees. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because there is already a garage in approximately the same position within 300 ft. to the north. The placement of an accessory building of this kind on waterfront parcels is well established throughout the neighborhood and township. The proposed location would preserve much of the old growth trees that fronts the property and those trees block the building from view. It would also open the waterview, where the present garage stands, to public view hopefully over a beautiful garden. In addition, the 15 ft. town drainage easement which is heavily ~oded that separates my northern property line from my neighbor's house would block his view of the building. The position of this building is the most intelligent and efficient use of my land given that it is waterfront and it~~ odd shape, ature~( LE~ STATE OF NEW YORK) ) ss COUNTY OF SUFFOLK) Sign Sworn to thi~[~ ~ay of NOTARY PU~IC - NOTARY PUBLIC, Stale of KY. 'bm ~p~Fes May 31, 19 ..~"~ 1994 TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET ~ ~ 0 VlLIIAGI: l)l~l' SUB. LOT FORMER OWNER C, ~4,/~ee$~ s , w TYPE OF BUlLDING ~ ) ~ 0 S~SI [ ~A~ COMMI CB' MISC' Mkt' Value AGE BUILDING CONDITION N~ NOeL BELOW ABOVE FA~ Acre Value Per V~lue Acre Tillable 2 : ~rushland FRONTAGE ON ROAD / / w ~ BULKH~D ~tal ~CK COLOR /v~. Bldg: Extension Extension Extension Porch Foundotion IEXt. Walls IFire Place Type Roof Recreation Room Porch Dormer Breezeway Driveway Garage Patio O.B. Bath / Dinette Floors ~,~ / ~ , K. Interior Finish LR. Heat Rooms 1st Floor Rooms 2nd Floor .0 C.,UT¢~OSUE:, N.Y. A m ¢~'l'c c~r~ Tit i~' ! ' / , ~VIAP O~ Page 11 -Hearing Transcript Regular Meeting - June 8, 199[[ Southold Town Board of Appeals 7:35 P.M. MR. CHAIRMAN: The next appeal is on behalf of ALEX and MARION WIPF and again that's a recess hearing from the last regular scheduled meeting. How are you tonight Mr. Wipf? ALEX WlPF: Very well, thank you. Listen I want to apologize for not being prepared the last time. I realize that there's a certain formal aspect to the presentation herein. I became aware of it as I went along and I hope for a better presentation this time. I also have some appreciation at this point of what you gentlemen are doing which is preserving as to the best of your ability the Town Laws as it's written and hopefully not letting something go that's of variance go that's in such violation that it'll come back to bite you. I~ve been in the position myself of being in the Union where people come in and ask for variances and I~m in exactly the same position. I know what it is that you're dealing with and at the same time I hope that what you'll do is keep an open mind when it comes to the nature of this hardship. I~m an artist, it's very difficult to communicate with people who work a regular llfe 9 to 5 and get the money like they get. How we make our money, how we look at things and hopefully you'll keep an open mind and see if you can get the nature of the hardship that from my point of view. Jim came out at my request and he spent some time and threw some numbers around and what I~ve come up with is slightly different from what hels a, what the numbers that he came up with and I think you have a copy of it don~t you? Page 12 -Hearing Transcript Regular Meeting - June 8, 1991~ Southold Town Board of Appeals Have you been out to see the way that its been, the way I strung it up this time and I measured it off? It's basically the a tilted property, I mean tilted the building, the south east corner of it is 28 feet from the property llne, the north east corner is 39 feet from the property llne and it is 5 feet from the side property line. One of the things that I was trying to get some clarity on was the actual size of the property. It is, and I think ff you check with Linda because Van Tuyl --. MR. CHAIRMAN: Yes, I saw the number. It's over 21,000 square feet. ALEX WIPF: No, it's not over 21,000, itts 2,000. I mean 20,675 square feet. BOARD SECRETARY KOWALSKI: That's without the wetlands though. That's what Mr. Van Tuyl told me. He called. That's if you delete the wetlands. ALEX WlPF: Well, it's interesting to talk about the wetlands alongside the property because the way that its been surveyed it's surveyed [[5 years ago. I mean anymore. BOARD SECRETARY KOWALSKI: it's not the same, it's not there It's surveyed below. It's surveyed below that wetland area though, so if you include the whole lot line to line from line to real line, it's 21 .... , ALEX WlPF' Yes I know and the reason that he did that was because there's a tremendous amount of erosion up there and I said to him "How much would it cost to go back and survey this thing and it was prohibited", so what I've got to do is I~ve got to hope that Page 13 -Hearing Transcript Regular Meeting - June 8, 199~ Southold Town Board of Appeals you will view this property as being 675 square feet over what qualifies me for a 35 foot foot setback rather than a ~,0 foot setback. It is very close, it's the kind of thing that you come to variance forthwith and I hope that you will be sympathetic to the closeness of the setback. In addition to that there's another thing that Jerry Goehringer pointed out that I was, I just dldn~t think about, was that my property line, my roadside property actually starts 12 to 13 feet beyond where the actual road begins. Now I realize legally that doesn't mean anything. It, it's not important. The only importance that it has is in terms of illusions. Now I know that your concerned about how things will look. If you grant a variance that looks like it's a variance then you're going to have to deal with people you know saying what's the story, he got it. Now I know that you, you've given variances before that are you know, that are concessions and what I'm saying is that this does not fall into the same area. With that 12 or 13 feet you're talking about even with the initial piece that I asked for you're talking about 18 feet plus 12 which would be 30 feet from the road literally and at this point you're talking about the closest spot of the road being ~,0 feet literally from the road. Legally it doesn't mean anything, I appreciate that, but from a perspective point of view it doesn't create a situation where I'm going to create a problem for the town in the future and I hope that you will look at it that way. I've tilted the building in the way that I have because when the building Page 1~ -Hearing Transcript Regular Meeting - June 8, 199u, Southold Town Board of Appeals was up by the road closer to the road, the height of the trees pretty much took into the count the height of the building in terms of the sun, the path of the sun. Now, as I get further back down on the property to get full advantage of the path of the sun if I tilt the building I get a better angle on the path of the sun and also I took, Mr. Villa you're consideration of mine that you don't want to look directly into a garage. This is on an angle you won't see it that way. I mean anybody going by has to look over their shoulders, if there going north on West Creek and they will not see it from a north cross. In addition to that, Jim had talked about why don't you cut down the size of the building. To be honest with you, I, I'm not in town all the time. I'm an artist, I work, I'm an actor, I work, I worked in Europe, I worked in Germany this last winter. I was there for three months. My boat was on the lawn, my car was in my brother-ln-law's driveway. I mean you read about people coming along taking your motor, god knows what else. It's something that is not only an insurance necessity for me it's a practical necessity for me. I need some place to store my stuff, so that's really why I need a 2 bay garage. I mean I'm primarily concerned with the garden I'll be honest with you, but I really do, if I'm going to do this I need to create a structure that works for~ me. Now, if you accept the 35 foot setback, if you accept the 675 square feet, if you look at it as a 35 foot setback, what I'm asking for is 7 feet towards the road and it goes 16 feet towards the side property. It is a very small variance, it's a 55 square foot variance. I know if you look at it as a 40 foot Page 15 -Hearing Transcript Regular Meeting - June 8, 1991~ $outhold Town Board of Appeals variance it makes it much more. It changes the percentages, but I hope that you won't do that considering how small a piece over the 20,000 square feet that I have. Now just let me finish this off by talking about a little about the way I look at things, the nature of the hardship and I know this was very hard to communicate. From an artlst~s point of view what we do, how we make our money is we look at things, we see things in a particular way, we create things out of that, I work with photographs, I work with dry flowers, I work on the stage and what happens is that people give you money. It's really a wonderful way to live but it's difficult for people to understand. So, when I look at this plot of land I don~t look at it as a you know a place for posies, I look at it as a canvas. Now, I originally plotted a 20 foot by 60 foot canvas which is being cut down considerably. Just some very practical things in terms of the dried arrangements I spoke to Jim about this a little bit, I don't think he got it. There's a whole new technique for dried arrangements. You can get free, you can freeze dry delicate spring varieties. Lilies, what's it name, peonies. They can be a very, very ludicrous way of doing arrangements. Hopefully that's something I'm going to have an opportunity to plant. I'm looking for very interesting varieties. I'm not looking to create a junk yard. I'm looking to make something beautiful. Another thing I have a friend in Atlanta who is a garden sculpture. She~s looking for a situation where we can create a garden with her stuff and I would love to have that happen so that if somebody in East Hampton and she's, she~s dear believe me. You Page 16 -Hearing Transcript Regular Meeting - June 8, 199tt Southold Town Board of Appeals know what's look at something in place they'll come over and look and they'll look at something that's beautiful to look at and there's some commission involved in it. It's not something that I'm going to have in my basement, but I mean it will be something that's up and standing and beautiful for somebody to look at that could possibly mean some money in my pocket and that's something that I always you know think about. There's a friend of mine down in Virginia, his name is Brent Kelth whose got a place called Daffodil Mart, 20 years ago he started to fool around. He showed me a piece of property that was 20 foot by 20 foot, he said that's my retirement. Now it's possible to take you know if you have the vision, if you have the imagination, very little space and make it into something and that's what I~m hoping to do. I'm trying to take advantage of it. Please, with everything that's you know 675 square feet that growth frontage that's really my spiel, that's all I have to say, I hope that your sympathetic. If you have any questions about what I said I'd be glad to, you know. MR. CHAIRMAN: Just again for the record we're talking about a one story structure? ALEX WlPF: No, it's a two story structure. It's a two bay garage with a storage space. MR. CHAIRMAN: And the maximum utility you'll have in the building is electricity? ALEX WlPF: Ah, yeah, I think so. It may be some water, if it's a garden, you know, if it's convenient for gardening. Page 17 -Hearing Transcript Regular Meeting - June 8, 199t[ Southold Town Board of Appeals MR. CHAIRMAN: OK. Good. I don~t really have any further questions. Any of the Board have any further questions? ALEX WlPF: Can I get a sense of how you feel on this cause I got, I got an SPA loan that's got to be spent by mid July or I lose it. I"m up against it and if I lose this -- BOARD SECRETARY KOWALSKI: 2nd of July. ALEX WlPF: 2nd of July. If I lose this I'm, I'm dead in the war. MR, CHAIRMAN: We assure you will have a decision. Don~t have a sleepless night please. OK, really, honestly. ALEX WlPF: All right, so what do we do, just wait and find out? By the end of the evening you think or is it afterwards? MR. CHAIRMAN: Well, it depends upon the lateness of the evening we're doing pretty well at this point and we'll let you and actually know. ALEX WlPF: All right. The way that it works because every foot you shove it back I lose two feet in the back because of the slope of the llne, that's, I guess you understand that so I~m not going to ramble on anymore about this. MEMBER VILLA: I just have a question. You said something about you wouldn't see the garage doors. You're not going to put them on the side of the building, you're still going to have them in the front, right? ALEX WIPF: Yeah, but, but on the angle. You're going by like this you'd have to turn over this way or you'd have to turn your head this way. Page 18 -Hearing Transcript Regular Meeting - June 8, 199t~ Southold Town Board of Appeals MEMBER VILLA: You're keeping the opening where you proposed it the first time, out to the street, on the left of that telephone pole? ALEX WlPF: Ah,---- MEMBER VILLA: Right of the telephone pole? ALEX WlPF: Well actually it would be right in the middle of the telephone pole. I've got a deal with you know LILCO next. If I succeed here LILCO is my next job. MEMBER VILLA: Well then it's going to go straight out the street, right? ALEX WlPF: Yeah, but I think what would be, live, I've got a driveway there now if I can get rid of that telephone pole I'd make it 20 feet wide instead of 10, but it's the same thing expanded however much I need. I don't know, I like it being hid, I llke it and if I keep the thing straight I'm going to lose that tree and I don't want to lose the tree. OK? MR. CHAIRMAN: Thank you Mr. Wipf. Wait a minute Mr. Dinizio has a question. ALEX WlPF: Yes, Jim. MEMBER DINIZIO: I just want to clarify that you know the 35 foot was in agreement between you and I and not just suggested on my part. ALEX WlPF: I apologize, I apologize for saying this. Jim, Jim said to me, he came in and he was absolutely right I had no idea about the you know, about the actual footage that was involved between us and I was unprepared for that visit. I had no, I had never laid it out. I Page 19 -Hearing Transcript Regular Meeting - June 8, 199~ Southold Town Board of Appeals didn't think it was that complexed and then when I started to measure it, I said wait a minute this is not that far off, this is you know, this is only a little triangle, I didn't even know what we were talking about 55 square feet. If I had, Jim, I, I was not prepared and I apologize for that. MEMBER DINIZIO: No, I just want to make the record straight that it was an agreement between the two of us that 35 feet, not a suggestion on my part. ALEX WlPF: No, no, no, I, I, you know, I'll tell you the truth you know what Linda said is reflexible and I still am reflexible. MEMBER DINIZIO: OK, that's all I had. MR. CHAIRMAN: All right. Is there anybody who would like to speak against this application? I see no hands I make a motion closing the hearing reserving decision until later. MEMBER VILLA: Second. MR. CHAIRMAN: All in favor. MEMBERS: Aye. 7:55 p.m. MR. CHAIRMAN: The next appeal in on behalf of ~2t[6 which is LKC Corp. and Jasta, Inc.. This is a request for a Special Exception for permission to establish a drinking establishment use as listed under Article XI, Section 100-101B in an existing principal building. The APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wil~on Telephone (516) 765-1809 BOARD OF APPEA!-q TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 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 Cu,,~ission: XX Variance from the Zoning Code, Article III , Section 100_33C Variance from Determination of Southold Town Building Inspector __Special Exception, Article · Section __Special Permit Appeal No: 4234 Applicant:Alex and Marion Wipf~ Location of Affected Land: 940 West Creek Avenue, Cul~ho§ue, NY County Tax Map Item No.: 1000-103-13-7 Within 500 feet of: __' Town or Village Boundary Line ×X Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Within One Mile of a Nuclear Power Plant __ Within One Mile of an Airport Comments: Applicant is requesting permission.to locate en accessory .qara.qe with m f~nnt y~rd setback mt. lc,~.~ th~n thc. required 40 ft. Copies of Town file and related documents enclosed for your review. Dated: 1994 July , ~- DEPARTMENT OF PLANNING OCOUNTY OF SUFFOLK ROBERT J. GAFFNEY STEPHEN M. JONES, A.I.C.P. DIRECTOR OF PLANNING Town of Southold Zoning Board of Appeals June 21, 1994 JUN 2 T 1994'" Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) / ~Wipf, Alex & Marion Tsavaris, George & Susan Municipal File Number(s) 4234 4245 Very truly yours, Stephen M. Jones Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD June 20. 199~1. Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Mr. and Mrs. Alexander C. Wipf P.O. Box 9~) West Creek Avenue Cutchogue. NY 11935 Re: Appl. No. ~,23Zl, - Variance for Garage With* Reduced Front Yard Setback (Waterfront Parcel) Dear Mr. anti,Mrs. Wipf: Attached please find a copy of the Board's detemination denying the request for a 28 ft. or closer setback from the front property* line. and granting alternative relief with a minimum front yard setback at 35 feet. as well as maintaining a minimum five-ft, side yard from the side property line. Noted within the determination are nine {9) conditions which must be complied with before obtaining a building permit for the garage. Please be sure to return to the Building Department to obtain your building permit (and other agency approvals which which may apply) before cc~,,,,~nclng construction activities. For your convenience, we have provided the Building Department with a copy of the variance determination for their permanent recordkeeping and update since the issuance of, its Notice of Disapproval-. Also. since your property is located within 500 feet of, a waterway, we have transmitted copies of your variance file to the Suffolk County Depaz~zment of Planning as required under the County's Administrative, Code. Once they· have* finalized their review and forwarded their comments to our office, we will transmit a copy of the same to you for your update. Very truly yours. Enclosure Linda Kowalski Clerk. Board of, Appeals APPEALS BOARD MEMBERS Gerard P. Goehdnger, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 June 3. 1994 Mr. VanTuyl, Surveyor, called this morning and confirmed that the Wipf parcel consists of the following lot area: 21,460 sq. ft. to tie line along'high water including wetlands and upland area; or 20,675 sq. ft, for upland area only Based on the above, a 40-ft. frontyard requirement has been established at Section 100-244 of the Zoning Code pertaining to lots of this size. New York State Department of Environmental Conservation "uildin~'~L~3._S~30~gBrook, New York 11790-2356 Based on the information you have submitted, the New York State Department of Environmental Conservation has determined that: Therefore, in accordance with the current Tidal Wetlands Land Use Reg%/lations (6NYCRR Part 661) no permit is required under the Tidal Wetlands Act . Please be advised, however, that no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal wetlands jurisdictional boundary, as indicated above, without a per, it. It is your responsibility to ensure that all necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within Tidal Wetlands jurisdiction which may result from your project. Such precautions may include maintaining adequate work area between the tidal wetland jurisdictional boundary and your project (i.e. a 15' to 20' wide const~-uction area) or erecting a temporary fence, barrier, or hay bale berm. Please be f~-ther advised that this letter does not relieve you of the responsibility of obtaininq any necessary Permits or approvals from other agencies. Very truly yours, Deputy Reqional Permit Administrator 05/85/1994 05:30 5i$4770161 FAX TO: LINDA KOWALSKI ZBA 7'66- 1828 STERLIHG 6ft FROM: · JIM DINIZIO 477-8181 PAGE WIOKHAI~ 35f! eAR WIPF Llnda, Mr.& Mrs. WlDf Have deolded that a 86 foot aetbaok In the front yard and a 6 foot setbaok In the lids yard would be aeoeptsble to their needs. PUBLIC HEARINGS BOARD OF ZONING APPEALS TOWN OF SOUTHOLD May u,, 19itu, (7:30 P.M. Hearings Commenced) P R E S E N T: HON. GERARD P. COEHRINCER, Chairman SERGE DOYEN, Member JAMES DINIZIO, JR. Member ROBERT A. VILLA, Member RICHARD C. WILTON, Member LINDA KOWALSKI, Clerk-Assistant to Board APPLN. # APPLICANT INDEX PAGES 4223 4236 4232 4235 4231 4217 4234 4238 4208 4235 4203SE 4237 4218 & 4220 CLAUDE SHER ............. ". ................. 3-6 ELEFTHERIOS PAPPAS ........................ 6-8 THOMAS PALMER .............................. 9-12 KIN FALLON AND CYNTHIA SUTRYK ............. 12-25 ALEX AND AFRODITE BOUKAS .................. 25-29 THOMAS PULS AND DONNA RICCO ............... 29-29 ALEX AND MARION NIPF ..................... 29-51 JON C. KERBS .............................. 51-54 KIN CAMPBELL .............................. 55-62 KIM FALLON AND CYNTHIA SUTRYK ............. 62-63 ROBERT E. BIDNELL ......................... 63-70 ROBERT PELLEGRINI ......................... 70-74 JOHN STRIPR ............................... 74-80 Page 29 - Hearing Tra~pt Regular Meeting of May ~,, 19u~4 Southold Town Board of Appeals MR. CHAIRMAN: All in favor? MEMBERS: Aye. 8:26 P.M.- Mr. CHAIRMAN: Appl. No. 4217 - T~~ndaa~lll~aa R~I~II~. This is a carry over from the March 2, 1991~ application. Is there anybody here from Brlarcliff to deal with this? OK. I see no one here, is there anybody that would have, anything they'd like to say regarding this application? I see no hands, I make a motion closing the hearing reserving decision until later. All in favor? MEMBERS: Aye. 8:27 P.M.-MR. CHAIRMAN: The next appeal is in behalf of Malalllllllll~llipf. It's Appeal No. 4234. The Legal Notice reads as follows: I have a copy of pictures on the property of the deteriorated garage as it exists closer to the house. I have a copy of a survey which is originally dated June 3, 1969 and revised on May 13, 1993, indicating a request of a replacement garage on the front yard area of approximately 18 feet from West Creek Avenue, a garage of approximately 24 x 26 and 3 feet from the north westerly or northerly property line and I' have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. We're ready. Just state your name for the record and we'll grill you. Page 30 - H.e.aring Tra~pt Regular Meeting of May ~, Southold Town Board of Appeals ALEX WIPF: Yes, I'm Alex Wipf and that's my wife and I'd like everybody to know that my neighbors have absolutely no objection to this, they love us, we love them. MR. CHAIRMAN: And you're not putting any horses in this garage? ALEX WIPF: No horses, no nothtng which ---. Primarily I~m looking to create a very large garden and there looking forward to ....... flowers from them, so. It's a water front piece of property. It's an odd shape property, you say 2200 feet but it's actually 88 feet on the water and there's an extra 30 feet on the road side and there's an extra 2L[ feet on the north side of the line rather than the south side of the line, so it creates a, a, odd shape piece that extends up llke that. What I~m trying to do, I mean you can't build in the back yard, water front piece of property and they just made the new law that said that you can do in the f[~3t yard so what I'm trying to do is take advantage of the extra space that's up there to, to build a garage. I placed the building in between the utility pole that exists up there on an old growth made trying to preserve the front, at least the front yard foliage and as I said Pm, I'm an artist by trade I, I sometimes work in, on flowers and try arrangements, things like that. I'm trying to take advantage of what I have to basically support myself if it comes down to it. My wife has just recently been injured in an accident. She~s not yet available to the office work she used to do, so we're trying to, kind of this is a one time situation the garage was damaged. You know it looks lousy now and it was really damaged in the storm of 92 and it's gotten, it's, it's ~just not done, so this is kind of a one time opportunity to replace it and I'm trying to create this garden Page 31 - Hearing Regular Meeting of May u,, 19u, a, Southold Town Board of Appeals space at this large garden spot to raise flowers. Exotic varieties and things that I think may have some value. MR. CHAIRMAN: You mean in between the house and the garage? MR. WlPF: Yeah. It's a very protective location. The house it protects you from the south westerly wind, the, there's a, a what's it's name, a property, a, a town drainage area, 15 foot town drainage area, it's wooded, to the north of it and that wooded area protects it from the north west wind where the garage ..... protects it from the north east wind so it's, it's an ideal location, it's the sunny spot of the property. I, I also like to create on the, on the, there's a downstairs bedroom that that's on the north side. I~d llke to, to build a small rafter for both of our parents and eventually for ourselves you know to sit and look over the garden. It's a nice protected location, so basically we're trying to take advantage of the space that we have to create you know, an esthetic environment that, that would be pleasing. What I~ve done is I've keyed it off the, the setback, I keyed it off a building that exists down the road within 300 feet of the property that's like 16 feet, 17 feet from the, from the road. MR. CHAIRMAN: You're referring to that one garage, that one, one car garage? MR. WlPF: Yeah, it, used to be Miller's garage. Now it's, and then it was Falkner, Falkner and then it's, it's sold to I can't remember the different name, but it's, it's well within the character of the neighborhood so it doesn't really change anything, you know it's not llke a, like a grand adventur~ or anything like this, it's not going to set any kind of .... it's, it's well established to use, especially Page 32 - Hearing TranSept Regular Meeting of May ~, 19~L[ Southold Town Board of Appeals with water front property to use property I'm trying to do is basically create a, a, the trees around us I possibly can and a, in that kind of way. What you know leave as much of and yet have what I want. I, I think it's, it's the most intelligent place to place the garage on the property. I don't want to place the back you know right next to the house. First of all I, I don~t think it would be a, it would be by code you can do that and besides that I mean it's going to be it's going to have. all the gasoline driven engines you know that, that are, are garaged now and I don't, I just don't think it's a good idea to place that kind of a building right up next to the house. There are new codes about it but I don~t want to put it there anyway and any, any place other than that or any place that's kind of closer down to it's code really infringes because the property line is on an angle as you slide the garage down and get it towards where code says it, it really blocks most of what I~m trying to create which is this, this garden space. No one has said anything to me about it being a bad idea. I, I think it's the most intelligent use of the property. I, I know it's a variance, but it doesn't be an earth shaking variance. I don~t think it's going to the character of the neighborhood. I think people are going seem to change to llke looking at the garden. You know unless you have some questions that I haven't thought about. MR. CHAIRMAN: Which, which way would the doors open, Mr. Wipf? MR. WIPF: On, the front. On, on the road. Now the road is, now that's another thing there's a, there's the North Cross Avenue is right there. In other words it wo~uld open directly on North Cross so it wouldn't block anybody's view, it's right smack on the road and it Page 33 - Hearing TranSept Regular Meeting of May [~, 19U, L~ Southold Town Board of Appeals would be great if someone is backing the boat into the garage and that's really why I needed 2 bay structure because I, for in charge purposes you have to have one for a boat and one for the car. MR. CHAIRMAN: How close to your mon, is your monument to the, to the road? MR. WlPF: How close is the monument to the road. MR. CHAIRMAN: In other words is there any space between the monument and the road? MR. WlPF: I think there is. I think what happened was that over the years they changed the width of the road so that it's probably in front of the road there's probably from the monument to the road there's probably 3-1/2 - t~ feet, so I mean there's really much more than that but you don't go by that, you have to go by what the, the property line is. MR. CHAIRMAN: OK. This is a one story structure7 MR. WlPF: No, its got a, a, its got a what's its name? Its got a storage space in the center. MR. CHAIRMAN: Is there a, is there a barn type roof or is it ..... ? MR. WlPF: I would like that. Actually that's what I'd like to do. I'd love to somebody~s barn because I can't afford to do anything else I~m going to be my own general contractor. I'd like to find somebody .... reconstructed. I want to keep an esthetically rural beautiful, I'm an artist so I want this place to be beautiful looking. I mean I'm not looking to go to Pergaments and purchase a you know .......... I want to make it look beautiful. Page 34 - Hearing Trar~ipt Regular Meeting of May 4, 19tttr Southold Town Board of Appeals MR. CHAIRMAN: Can you give us some sort of diagram of what you want to make it look like in reference to a roofing? MR. WIPF: I have something. The roof line is, is kind of like a salt box. MR. CHAIRMAN: It's a salt box. MR. WIPF: Yeah, I mean, well I thought that but I mean, I, I don't know. You know I, I, until I know where I am, I, but that's, that's what I thought would be logical. MR. CHAIRMAN: I thought I'd look at it. MR. WIPF: Yeah, and you know with the kind of something stick out so that you pick up you know open barn doors on the second floor and stuff in. I mean that's what I have on my mind. MR. CHAIRMAN: Strictly a storage building? MR. WIPF: Oh yeah! Yeah, you know I've got, you know I don't need space, I mean ........ my house, I don't want that. I specifically don't want that. No ways, it's a utility. MR. CHAIRMAN: Who has questions of this gentleman? Bob? MEMBER VILLA: Well, you know the gentleman has given his version. You're looking at the existing garage and it looks like it's ready to fall down. MR. WIPF: That's, that's a wonderful garage .... I love that garage for many years. MEMBER VILLA: If it was a horse it would be called a swayback. MR. WlPF: People love that garage because of that shape. MEMBER VILLA: Yeah, you knbw, the logical thing from my mind would be to replace the garage where it is and not stick something up by the Page 35 - Hearing Tra pt Regular Meeting of May ~, 19~u, Southold Town Board of Appeals road. I have, I have problems with things being close to the roads, I'm sorry itms a, you mentioned the one further up the road, I objected to that one too. It was granted but a MR. CHAIRMAN: No, no, this is an existing one. That was Deep Pole on the other side. MEMBER VILLA: I'm sorry, I'm in the wrong project. OK. Yeah, as I remember this one there isn't much in the area that's preexisting. MR. CHAIRMAN: There's one garage. MR. WlPF: No, there's a garage and then of course there's all of them on the bay, there all over the place. I know that you don't MEMBER VILLA: Yeah, well, there's not too much here. MR. WlPF: The, the, you know I could, I understand that, that people might have to be concerned like that especially on a regular plot, I mean on a plot that is not water front that it would seem logical but basically what your dealing with when your dealing with water front if the front is in the back and the back is in the front. MEMBER VILLA: Oh, I realize that. I don~t have a problem with that. MR. WlPF: You know and that's and iris, and it's, and I know that it, it, what is it a step down ...... or something like that? MEMBER VILLA: I have problems with things being too close to the road because when you go down, you know, you go to the city you know you, you feel like you're in a cannon, we're creating the same thing here by doing this narrowing down the road. MR. WIPF: What I'm trying to do is on, on, if you'd see the piece of property, on the north side'in that 15 feet drainage ditch, not a ditch, we~ve got trees, pine trees, you know the cedar trees that, that Page 36 - Hearing Tran~pt Regular Meeting of May 4, 1944 Southold Town Board of Appeals are 30 feet, 1~0 feet high in front of the property. There are two old growth maples that are at least 40-50 years old, so basically what I've done is I've tucked it back and hid it from the road from people, from people llke you who object to, you know, kind of looking at a building. MEMBER VILLA: Yeah, but you're going to open up. Now, you have a fence across the front with hedges and what have you, which you're going to have to take out because your doors are facing the front, you're going to have a 20 foot opening. MR. WlPF: I, I'm going to take that stuff and it's, and what's there now are some hue bushes and forsythia. I'm going to pick them up and put them right to the left where the driveway is so there won't be an opened spot there'll be right on the road. I mean you know. MEMBER VILLA. Yeah, you'll see the building exactly there. MR. WlPF: If you come down the road you will. That's true. I mean you know, if you don't MEMBER VILLA: Yeah. Speaking there isn't anything much I can do about it. MRS. WlPF: I, I just want to point out that the that the way the shrubbery has been placed and because of the way the property is situated it slants so that the only way you would actually see this this garage is if your going to see it if it's further back too if your passing by on the road, but because the way the shrubbery is, is, is existing right now, you literally have to stand right in front of it or pass right in front of it before you see it, but that's true of any building, you see the houses,~if there 40 feet back you still see them. Our, our hardship is that the spot where the garage is right now is Page 37- Hearing Regular Meeting of May ~. 19~ Southold Town Board of Appeals literally the only spot on the property that has extensive sun where we can not have to remove a, a 50-60 year old maple that's right on the front road that does block any, any side views of what the structure would be plus all the other. There very high hues to the right of the property that would kind of hide that view. MR. WIPF: And you know it's interesting if you push the garage where I~m talking about because of the slant of the line, in other words llke this, right, the trees go here so if you look it's back by trees. I mean, if you put it down here it cuts off the view of the water. Esthetically I can't imagine that somebody walking by would rather see you know a garage sitting there. MEMBER VILLA: Even a swayback garage. MEMBER WILTON: And I share Mr. Villa's concern. I think the proper place for that garage is where the existing one is. MR. WIPF: Yeah, but you can't, you couldn't build it there anyway. MEMBER WILTON: Where you propose to put it, your asking also for a 3 foot side yard and to my knowledge-this Board has never given a 3 foot side yard, so you're looking at moving that MR. WIPF: I think it is 3 feet, I think that's what the code is. MEMBER WILTON: You're looking at moving that garage further to the south view which almost places it in front of your house. MR. WIPF: I don~t think MRS. KOWALSKI: That's what code it is. If it's in the rear yard, it's not in the rear yard so the Board has discretion of requiring more. I explained that to you before. MEMBER WILTON: No, in the front yard the law is principal setbacks. Page 38 - Hearing Trar~pt Regular Meeting of May IF,, 19L~L[ Southold Town Board of Appeals MR. WIPF: I've been told, we were told it was 3 feet. MRS. KOWALSKI: No, that was if it's in the rear yard. I showed you that. I went over it with you with the code book and I told you that the Board has a discretion of requiring more of a side yard if it is in the front yard, OK. There's no rule for it in the front yard. MR. WlPF: But the town said, MRS. WIPF: So what, what would the footage be? MEMBER WILTON: From the side. MEMBER VILLA: 10-15 feet-l/2 acre. MR. WlPF: He said not, that's not what Fisher says. MRS. KOWALSKI: Well you're lot is over 20,000 square feet? MR. WlPF: Well, that's another question. I have never thought it was over 20,000. It's only 88 feet ......... . MRS. KOWALSKI: You, you have to give that to the Board, that's up to you to show what the size of your property is. You may want to go back to the survey or that's what it's based on, the size. MR. WlPF: Even then, it's only a difference according to Tom Fisher, between 3 feet and 5 feet, because he said, that you don~t want, the new law you don't want require people to place this building in the middle of their garage. MRS. KOWALSKI: That's if your ti0 feet back from the road. You're not 40 feet back. That's the difference. MR. WIPF: Alright, listen I'm flexible about this. I~m going to run to something that's, that's horrendous here. MRS. KOWALSKI: Yeah, I tried to explain that to you in the beginning when you came in that there may be a problem. Page 39 - Hearing Transept Regular 'Meeting of May ti, Southold Town Board of Appeals MEMBER VILLA: The law, the law was changed and it said you can, that the, the so-called rear yard on water front can be closer to the front yard and a setback had to be principal building set back, which means you have the larger setbacks. It's not the same as like a garage in the back yard is allowed 3 feet. When you put it in the front yard here it does not apply. MRS. WlPF: OK. Well, given that then, if the footage on the side road is 10 or 15 feet because of the angle of the property it would literally put the garage directly in front of the kitchen window and it would block my view across the front of my property and it would end, it would also block the view of the neighbor whose across the street from us their view of the water. MEMBER VILLA: That's why it makes more sense to put it where the swayback is now. MRS. WIPF: No, it makes more sense to put it up this way in the corner of the property where it is right now. The reason why we don't want to put it next to the house is because we need to, we need to have a two bay garage for insurance purposes for the, for, for a boat and for the car and also we have, we both have elderly parents who may eventually come and llve with us, possibly his mother first. We may need to extend that side bedroom and it would go right into where the ramp is, it would go right into that area and I don't think it's appropriate to put a two bay garage right next to the house if we're thinking of taking in elderly parents with fumes and the danger of gasoline in your boat, in your~garage. Page u,0 - Hearing Tran! Regular Meeting of May 19~4 Southold Town Board of Appeals MEMBER VILLA: No, it, it's (?) the house out here with attached garage, installed boats and bolts and everything else. I mean that, that argument is valid as far as I~m concerned. MRS. WlPF: Well, but it's, it's not MR. WlPF: Alright, listen, I'm flexible, I'm flexible about this. MRS. WlPF: It's not the safest condition for an elderly person to be living next to a garage. MR. WlPF: What I got is a detached building right now. I~m flexible. I'm willing to, to satisfy as best I can, whatever your considerations about this are and I~m hoping that in fact we can come up with something that will give me what I wanted, give you what you want, but I don~t know what it is that you want. Do you want me to put it right on the house? I, I just don~t think that's a good idea and besides that I could, I don~t have the space for it. The space there would, would require a variance in itself. It's less than 15 feet. I would have to ask for a variance for something I don~t want because it's, it's esthetlcally unpleasing or it, it, it makes you feel llke the city. Can we do something in between that would you know give me what I want which is basically a garden and, and, and the use of that area of my property that's sunniest and protected from the wind and at the same time give you some consideration of the esthetic appeal or non appeal that you have for a for where building should be placed accessory buildings. It's difficult if you own water front. You know what your dealing with? MEMBER WILTON: Well, discussing. It's simply You got a little tiny space to work with. that~s~ why we created the law that you are for that fact to give someone relief without Page I~1 - Hearing Regular Meeting of May ~t, 19uJ[ Southold Town Board of Appeals having to come to the Zoning Board of Appeals and if we're going to keep extending that envelope, that law, or if we're going to keep resurfacing that law, the law is not going to be effective. MR. WIPF: I, I asked George Penny about this and basically what he said is that we had, they had little narrow 500 foot strips of property and he said what would happen is you'd get a house on the water and they couldn't build from the water all the way up to the road. MEMBER WILTON: Right. All, all I would say to you is that you just answered my question. MR. WlPF: Yeah, but, now what I said, MEMBER WILTON: You have a nice good, big, piece of property here. You do have some, you do have some other places you can locate this garage. MR. WIPF: No, you think it should be a know, I'm, I~m flexible about that. I mean if you little further back but remember every time you slide it further back it comes to the center of the barn. MEMBER WILTON: That's not really my concern. My concern is that I think you're asking for entirely too much as oppose to the law that we have on the books right now which is asking for principal --- MR. WIPF: I, I, I said to George Penny, I said why MEMBER WILTON: But George Penny is not this Board. MR. WIPF: I know but I mean I said to him why dldn~t you take into consideration you know, something like my situation. He said, because I wanted each individual situation to be discussed by the Board and that's what Tom Wickham said ~too because Tom is my neighbor down the road. He said, I think it's a good idea to bring it before the Board, Page 42 - Hearing Trar~ipt Regular Meeting of May 4, 19~,4 Southold Town Board of Appeals let them consider it and see what it is you want in terms of it being reasonable in terms of your own particular needs. So, I mean, I~m trying not to fall into the category of doing some kind of ground breaker here, I'm just trying to take advantage of what I have as best I can. I see you two gentlemen have, you know reservations about it. How can I give you what you need and yet get something at least of what I need? MRS. KOWALSKI: Well, the, the requirements 40 feet from the road and your suppose to go for the minimum that's necessary. Can you put it back 30 feet, 35 feet from the road, 38 feet? MR. WlPF: What you're'doing is your sticking it right smack into the lawn. MRS. WlPF: Because of the way the property is slant is where we're restricted to the 15 feet or the 10 feet. It pushes it further .... . It's, it's going to make it more obvious to people passing by this, this big structure rather than up in the corner ..... . BOARD CLERK: How long is that other building going to stand? How long will it, before it collapses? MR. WlPF: It's been there for such a long time. MR. CHAIRMAN: Is, is it, can I just ask is there any reason why the Board couldn't make another inspection of this, meet with these people? MR. WlPF: You know, I'm, lam trying not to --- MR. CHAIRMAN: Bob, go down there and, and you're the engineer and their talking about you know .... situations that are beyond you know .... passible. · Page u,3 - Hearing Regular Meeting of May ti, 19~,~ Southold Town Board of Appeals MR. WIPF: By the way I want to let you know that the Building Department told me that the reason that they're putting 3 feet and I though mine, mine was undersized. I thought mine was under a half acre that's why I put a 3 feet and 5 feet, I~m telling you right now, they told me that I can build 5 feet in the front yard from the property .... . They told me that so I mean I didn't even consider this 15 feet. The 15 feet would place it I mean place it on the front lawn. MEMBER VILLA: It suppose to be ~0 feet from the back of the road. You got an 18 feet, it's suppose to be u,0 feet back. MR. WlPF: Well, - .... 35 and 3 is what I was asking the variance for because I was figuring the (more than one person speaking), MRS. WIPF: The further back where we have to place the garage the more obvious it becomes to people, anybody passing. We're literally trying to tuck in the least obvious corner of the property. That's basically what we're trying to do. MR. WlPF: If you saw the property MRS. WlPF: We're trying to do what you want us to do. (Members having conference) MEMBER WILTON: The law doesn't state that. The law does state here that provided that such buildings and structures meet the front back setback requirements as set forth in the code. OK, even though we're saying that you could put a rear yard accessory in, in what you want to call your front yard which is on the road, street side, you still have to meet the setbacks of a front yard. You still must meet, you MR. WIPF: It's not going well ls it? MEMBER WILTON: No, it's not going well at all. Page 44 - Hearing Tran{ Regular Meeting of May 4, 1944 Southold Town Board of Appeals MEMBER VILLA: going back. MR. CHAIRMAN: MRS. WIPF: I don't know what you're referring to. Are you referring to the 40 feet back or the 15 feet from the side. MEMBER WILTON: I'm referring to both. MRS. WlPF: OK, that's what why I'm applying for a variance. MR. CHAIRMAN: Please, what I'm trying to get them to do is come back and look at it so that you can explain to them you know exactly. You know, we could rehash this and I'm not against I, I've no problems closing the hearing. BOARD CLERK: Could you come up with another plan that would be a little better than the one you have? MR. WlPF: Can you tell me where, how far back MRS. WlPF: Other than exactly where it is right now I don't see, unless we place it right smack in the middle of the property which means we would have take then 2 maples down and I thought old trees were important in this town and I particularly don't want to take it down. MEMBER WILTON: Well I think there was one taken down right in the middle of the estate. MRS. WlPF: It was dead, it was dead and that's the only reason it was taken down last year. BOARD CLERK (KOWALSKI): What are you using the existing garage for? MR. WIPF: Storage. MRS. WlPF; But we need t(Y have a 2 bay structure for insurance purposes for the boat and the car, otherwise their not Page 45 - Hearing Regular Meeting of May ti, 19~4 Southold Town Board of Appeals MEMBER VILLA: Why you're so objective to the size of the garage? You've got to tell me what it is that you want. MEMBER WILTON: You want to come back with another plan that meets the code? MR. WlPF: I don't know what it means that I have to go back u,0 feet. According to you it's 15 feet from the side llne. Tom even gave me less than that. He gave me, he told me 35 because I though the lot was undersized. BOARD CLERK KOWALSKI: It's u,0 feet because your lot is over 20,000 square feet. If you can show us MR. WlPF: It's, it's got, and, and the ...... on the water. Now, I've got at least :~,000 square water on the water in the front and that doesn't count. BOARD CLERK KOWALSKI: I know, and it does count in building area. For some people it's an advantage for lot coverage zoning. MR. CHAIRMAN: Could, could you do this. Rather than close the hearing tonight come back, you know, calculate the square footage of the property exactly, either through a surveyor or through somebody that you know OK. Come back with some sort of alternate or a couple of plans so that we, you know, that we just don't close it. Maybe there's something that we can work out. MR. WIPF: You all hate this idea don't you? MRS. WlPF: What would be satisfactory to you, giving us some kind of variance? MR. CHAIRMAN: I don't particularly hate it. I told you that at the beginning, I don't particularly hate it. Alright. Page u,6 - Hearing pt Regular Meeting of May [~, 19U, L~ Southold Town Board of Appeals MRS. WIPF: But, given up the variance that we are asking for is different from what the code is. Because of the code it will literally place the garage in a more obvious place which seems to be what your objection is. We're trying to place it in the least obvious place so that it is sheltered by enough shrubbery and trees and that the placement of it will not, we really thought about this, that the placement of it will not obscure the water view and the beautiful views that West Creek has. MR. WlPF: And it's going to block them for sure if you put them back where MRS. WIPF: We literally talked to all of our neighbors to find out if this was OK with them and, and if this was something that MR. WlPF: Nobody objects to this. BOARD CLERK: How far back is the neighbor's house on that side.{MRS. MRS. WlPF: Ron~s is somewhere between our house and the, MR. WIPF: Ron~s is up by the garage. MRS. WIPF: No, no, his house isn't by the garage. He has a little driveway where he keeps his car, right on the, right on the road. If anything, BOARD CLERK: Why don't you take measurements and then come back? MRS. WlPF: Measurements of what? MR. WIPF: Could you give me, could you give me a figure? I~ve asked for 18 because I was trying to get a BOARD CLERK: The Board~ is saying that right now that you don't have anything. You have a zero, zero variance so you can either take Page ~,7 - Hearing Regular Meeting of May 4, 19LtU~ Southold Town Board of Appeals it like that or come back with an alternative is what they're offering to you. If you don~t want an alternative then you got to reapply. MR. WIPF: A foot, or is there a footage set in mind? Could you give me a footage in mind? MEMBER WILTON: I, I could just tell you if you want my thoughts. I could just tell you that I don't see a hardship here. I don't see any reason why I should grant a variance. I see a lot of other places you can put this building on this piece of property. MR. WIPF: But even the Building Department says that, that it's only required either a 3 or 5 foot from the side line because they don't want to place it in front of the lawn. I mean they said it clearly. I mean I don't know if that's just a policy or something, I mean, I presume that there was no problem with the side llne. MEMBER WILTON: Pm not going to comment on another department on whether or not they, my belief is what I read in the Code and what I read in the Code is not 3 feet in the front yard. MRS. WlPF: Well, that's where we got our figures from. MEMBER WILTON: Well, I understand, I'm only saying that you're, you're .... is right, right. I agree, but, I mean I would like to see Tom come here and tell me that 3 feet in the front yard is, is MR. WlPF: For a side line, side line. MEMBER WILTON: Yeah, but in a, on a front yard structure. MR. WIPF: It's only 118 feet in the front and it squeezes down to 88 feet. Page 48 - Hearing Tran~ Regular Meeting of May 4, 1944 Southold Town Board of Appeals MEMBER WILTON: I agree, but like I said, I, I think you could locate this garage without even having a variance and certainly you can locate this garage on your piece of property with a lot less of a variance. MR. WlPF: Less of a variance. MEMBER WILTON. Right. MR. WIPF: You want a smaller building? MRS. WIPF: No, no, you mean 40 from, from the road? MEMBER WILTON: Right. MR. WlPF: How about footage from the side? About 15 feet is impossible, that's really bad, that's that's. How about, how about, your primarily concerned about the front? MEMBER WILTON: I'm not going to tell you how to write it. All I~m MR. WIPF: Well tell me because I~m asking. MEMBER WILTON: I can't, I can't tell you how to write it. All I can say to you MR. WIPF: What would satisfy you? MEMBER WILTON: I, I think I gave you too much already in my opinion. I, I do think that you can actually, that I could actually vote for this particular plan but I'm not saying that I couldn't grant you some variance or couldn't give you some variance on this property for that building. What, what I believe, my personal belief, and if you sat and watched me for the past 5 years this is totally out of character for me. I think you can do better than what your doing right MR. WlPF: You mean further i~ack from the road? MEMBER WILTON: Right. Page ~9 ~ Hearing Regular Meeting of May ti, 19~ Southold Town Board of Appeals MRS. WIPF: And the reason you think it should be further back from the road, you think it would be, it would obstruct? MEMBER DINIZIO: Right, because the Code that we wrote, which I worked with George Penny on and the Co-Committee and it was, we worked long and hard on it, I believe that helps everybody in the town and I just think that if we start out less than a year from the time that we took that Code and enforced that Code and gave a variance of this size, we may not of even, we should not even discussed it for the 6 months that we did. That's, that the way, that's my feelings on this. MR. WlPF: I see, I~ve run into something that's, that's like a major. MR. KOWALSKI: Well, you're, you're asking a 60% variance that's very major. 60%, you know. MR. WIPF: Well, let me, let me go back and see if I can, now do I month for this again to come back to this hearing, I have to wait a will won't I. MEMBER VILLA: That or we can close the hearing. MR. WlPF: No, wait a minute, take it easy. BOARD CLERK: That's why we're letting you decide if you want to recess it to the next month's meeting you won't have to pay another fee. If you close the hearing tonight you're going to have a decision you might not be happy with and you'll have to pay another fee to come back. MR. WIPF: Alrlght, no, no, I sense that there's things that are not going well up here. Alright, let me just see if I can come up with something different. Page 50 - Hearing Trar t-ipt Regular Meeting of May Southold Town Board of Appeals MR. CHAIRMAN: You have to excuse me Alex, you're really very jovial tonight. MRS. WIPF: I~m kind of bending towards Mr., the Chairman's idea of possibly inviting you back so that we can literally check, but they havenlt been there and talked to us so that we can show them why and what the MR. WlPF: Let us see if we can settle it. MEMBER DINIZIO: See if you can consider it right. See if you can stake it out another way on the property. MRS. WIPF: When will you be able to come and take a look at the property again? MEMBER WILTON: I~d be there Saturday or Sunday. MR. WlPF: OK. Let me see if I can MRS. WIPF: We will be there on Saturday and Sunday. MR. WIPF: You want to come down. I~d love to get some advice from you. MR. WILTON: I won't give you advice. MRS. WIPF: He~s not looking for advice, I want to show you specifically why we want to put it where it is. MR. WIPF: Alrlght, what I~m trying to do is I~m trying to make something that's going to work for, I mean obviously I want to do this and I'm kind of flexible about how I can do it. What I donlt want, what I do want, is that I want to get as much of a garden as I can. That's really what my primarily concern is. If I have to cut down the building, I, I~m gain, I~m basi(~ally looking to get it built. MEMBER WILTON: Well, I'll come to take a look at it and anybody else. Page 51 - Hearing Tran~pt Regular Meeting of May L~, 19~,~ Southold Town Board of Appeals MRS. WIPF: We'll we see you on Saturday or Sunday? MR. WILTON: Hopefully on Saturday morning. MR. WIPF: Thank you very much, that's very nice of you. MRS. WlPF: Sunday is Monday's Day, you donlt want, you know. MEMBER WILTON: I won't be anywhere on Mother's Day then. Thank you for reminding me. · MR. CHAIRMAN: Is there anybody else who would llke to speak either for or against this? I see no hands I'll make a motion recessing the hearing to the next regular scheduled meeting. BOARD CLERK: That's for June 1st. MR. CHAIRMAN: All in favor? MEMBERS: Aye. 9:00 P.M. MR. CHAIRMAN: Appeal No:[[238 in behalf of Jon C. Kerbs, a request for a variance based upon April 18, 199[[, Notice of Disapproval as a permit to alter roof line for a height above the 18 foot limitation preexisting accessory building and garage and rental apartment; Article 111A, Section 100-30A.~. Location of property Riley Avenue, (previously known as 590 Riley Avenue), Mattituck, N.Y. County Tax Map Parcel No. 1000-1~3-4-10. We have significant pictures in the file. We have pictures of the structures or the drawing as proposed and I have a copy of the Suffolk County Tax indicating this and surrounding properties in the area. We have a survey from Robert VanTuyl, P.C., indicting the approximate placement of the building as it exists on the property. I BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section, 267 of the Town Law and the Code of the Town of Southold, that the following public hemings will be held by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, JUNE 8, 1994, commencing at the times specified below: - ' 1.7:30 p.m. AppL No. 423,5-, KIM FALLON AND CYN- THIA SUTRYK. (Hearing t Continued from May 4, 1994), This is a request for a variance based upon the April 4, 1994 Notice of Disapproval from[ the Building Inspector to] locate accessory building in,I the front yard area. Location 7.~.~of Property: 3200 Soundvi~ Avenue, Mattituck, NY; Co/m- ty Tax Map Parcel 1000-94.2,5. 2. 7:35 p.m.,~ppl. No. 4234- ALEX AND MARION I ~1~. (Hearing Continued] from May 4, 1994). This is a request for a variance under Article III, Section 100-33C i for permission to locate an ac- cessory garage with a fron- tyard setback at less than the required 40 ft. front yard set- back. This parcel is noncon- forming with a lot area of ap- proximately 22,000 sq. ft. and frontage of 118 ft. Location of Property: 940 West CreekI Avenue, Cutchogue, NY; County Tax Map Parcel No. 1000q03-13-7. 3. 7:40 p.m. Appl. No. 4246-. LKC CORP. and JASTA, INC. This is a request for a Special Exception for permis- ] sion to establish a drinking~ establishment ' use as listed under Article XI, Section{ 100-10lB in an existing prin- ~._M;ipal building. The subject[ premises is nonconforming] with a lot area of approx- imately one-half acre and 115:t: ft. frontage along the north side of the Main Road a~nd is located in the B-General Business Zone District. Pro- perty Address: 6955 Main Road, Laurel, NY; County Tax G~.O7:50 p.m. Appl. No. 4245- RGE AND SUSAN TSAVARIS. This is a request for a variance under Article XXlll, Section 100-239.4A for permission to locate swimm- ing pool with fence enclosure within 100 feet of the bluff of the Long Island Sound. Loca- tion of Property: 2170 The Strand, Lot 111 at Pebble Beach Farms, East Marion, NY: Parcel ID No. 1000-30- 2-53. 5. 7:55 p.m. Appl. No 4244SE- DEPOT ENTER- PRISES, INC. This is a re- quest for a Special Exception, as amended, to include ap- proval for the location and use of a proposed addition to the existing principal building located at 320 Depot Lane, Cutchogue' New York. The proposed addition is an expan- sion of the existing recrea- tional membership club and is located in the Residential- Office (RO) Zone District. Property ID No. 1000-102-2-12.1. . 6. 8:05 p.m. Appl. No. 4249- SANFORD AND SUE HANAUER. This is a request for a Special Exception to establish and operate a Bed and Breakfast in accordance with the provisions of the zon- ing code at Article III, Section 100-31B(15), with owner- occupancy, and as an ac- cessory to 'the existing prin- cipal residence. Location of Property: 4105 Soundview Avenue' Mattituck, NY; Coun- ty Tax Map Parcel No~ 1000-94-3-part of 1.7, also known and referred to as Lot No 2 on the Subdivision Map of Robert and'J~:an Echoer.~ 7. 8:10 p.m. Appl. No. 4240- JOHN CROKOS. This is a re- quest for a variance under Ar- ticle XXlX, Section 100-239.4A based upon the May 4, 1994 Notice of Disap- proval from the Building In- spector for permission to locate swimming pool with fence enclosure within 100 feet .~i f the bluff along the Long: sland Sound. This property was the subject of prior Ap- peals under Appl. No. 4204 as rendered 12/8/93 and Appl. No. 4140 as rendered 2/23/94. The subject premises is m- proved with a single-family dwelling and contains an area of approximately 40,000 sq. ft. (total lot area). Location of Drive, Orient, ~1~ Lot No. 7 on the Map d~rand View Estates; County Tax Map Parcel No. 1000-14-2-3.11. 8.8:15 p.m. Appl No. 4241- RICHARD LAN. This is a re- quest for a variance under Ar- ticle ILIA, Section 100-30A.4 (ref. Article III, Section 100-33) based upon the May 4, 1994 Notice of Disapproval from the Building Inspector in a building permit application to construct pool and deck in the front yard area, as an ac- cessory use. Location of Pro- perty: 230 Bridge Lane, Cut- chogue, NY; County Tax Map Parcel No. 1000-111-15-1.4 and 1.5 (Tax Map Parcel No. 1.4 totals 2.478 acres and Parcel No. 1.5 totals 1.088 acres). The subject premises is located in an R-40 Low-Density Residen- tial Zone District. 9. 8:20 p.m. Appl. No. 4243 -- MOORE'S LANE HOLDING CORP. This is a request for a variance under Article V Section 100-53B, I Section I00-31C (ref. Section 100-33), and Section 100-231, based upon the May 4, 1994 I Notice of Disapproval from ! the Building Inspector for per- ] mission to locate acessory uses (tennis court, swimming pool and pool clubhouse) in an area other than the required rear yard, and with tennis-court fencing at a height of more than four feet when located in a front yard area. Location of Property: 475 Cedarfields Drive, Greenport, NY; Coun- ty Tax Map Parcel No. 1000-40-5-1.42. The subject premises is located in the 'Hamlei-Denslty Zone DistriCt.' 10. & 11. 8:25 p.m. TONY AND MARIA KOSTOULAS. Location of Property: 1035 Aquaview Avenue, East Marion, NY; County Tax Map Parcel No, 1000-21-2-13. This property is ~onconforming as to total lot area in this R-40 Zone District. Appl No. 4098 - (Continued Hearing) This is a request for a variance under Article XXIII, Section 100-239.4 for approval of a deck extension located within 100 feet of the bluff of the i Long Island Sound. ~ Appl No. 4248- This is a re~ quest for a variance under Ar- ticle l/IA, Section 100-30A.3 for approval of a. deck addi- tion with insufficient side yard 12. 8:35 p.m. Appl. 4247- HUGH T. and CAROL L. CONROY. This is a request for a Special Exception to establish an Accessory Apart- ment in conjunction with the owner's occupancy within ex- isting residence as authorized under Article III, Section 100-30A.2B and Section 100-31B(14) of the Zoning Code, Location of Property: ~Westerly Side of Gin Lane,[ Southold, NY; also referred to as Lot No. 2 on the Subdivi- sion Map of Bay Haven filed in the Suffolk County Clerk's Office as Map 2910; further identified on the County Maps as 1000-88-3-6. 13. 8:55 p.m. Appl. No. a~'~o- ~q'~n~,A~ET/BEST *-e/~D A"D~rLI~q' S~,"VER$O N This is a request for,a varian0. under Article ILIA, Sectiofi 100-30.1 based upon the May, 2, 1994 Notice of DisapprovaI~ by the Building Inspector for approval of the proposed in- sufficient lot area and insuffi- cient lot width of proposed Parcels No. 1 and No. 2. Loca- tion of Property: Pti~vate Road No. 17 extendin~ off the easter!y side of Camp Mineola Road, Mattituck, NY; Coun- ty Tax 'Map Parcel No. 1000-123-6-17. The .subject premises contains a total lot area of approxi/nately 1.2 acres in total area and is located in the R-40 LOw-. Density Residential zone District. The Board of Appeals will at said time and place hear any and all persons or represen- tatives desiring to' be heard in the above 'matters.. Written comme6ts may als0 be sub- mitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. If you wish to review the files or need to request more informa- tion, please do not hesitate to call 765-1809 or visit our office, ' ;., : Dated: May 23, 1994 · BY 'ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN/- By: Linda Kowalski COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of the TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Traveler-Watchman once each week for Z ............................. weeks success~vely, commencing on the ~w/o~n to before me on this ....-:~ .... day of Notary Public BARBAR/~ k SCHNEIDER NOTARY PUBUC, State of Ne~ No. 480684~ Qualified in Suffolk Ceml~ , Corn mission Expires -- NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, .~rsuant to Section 267 of the Town aw and the Code of the Town of outhold, that the following public carings will be held by the OUTHOLD TOWN BOARD OF .PPEALS, at the Southold Town ~afi, 53095 Main Road, Southold. few Yo~k 11971, on WEDNESDAY, UNE 8, 1994. commencing al the me specified below: 1.7:30 p.m. Appl. No. 4235 -- ~IM PALLON and CYNTHIA ;UTRYK. (Hearing Continued from .lay 4, 1994). This is a r~quest for a ariance based upon the April 4. 1994 ~cation of Property: 5200 Soundview Xvenue. Mautiuck. NY; County Tax ALEX and MARION WIPF. (Hearing Continued from May 4. 1994). This is a request for a variance under Article IlL Section 100-33C for permission to locate an accessory garage with a frontyard s~thack at I~ss than the required 40 ft. front yard s~t- back. This parcel is nonconforming wilh a lot area of approximately 22,000 sq. ft. and frontage of 118 ft. Location of Property: 940 West Creek Avenue, Cutchogue. NY; County Tax Map parcel No. 1000-103-t3-7. 3. 7:40 p.m. AppL No. 4246 ~ LKC CORP. and JASTA, INC. This is a request for a Special Exception fo~ permission to establish a drinking establishing use as listed under Article XL Section 100-10lB in an existing principal building. The subject premis, cs is nonconforming with a Itt area of approximately one-half acre and I 1Sa: General Business Zone District.~' Property Address: 6955 Main Road, Laurel. NY; County Tax Map No. 1000-122-6-36. 4. 7:50 p.m. Appl. No. 4245 -- GEORGE and SUSAN TSAVARIS. This is a request for a variance under Article XXIIL Section 100-239.4A for permission to Ioca~c swimmingpooi with fence enclosure within 100 feet of the bluff of Ibe Long Island Sound. Location of Property: 2170 The Strand. Lot Ill at Pebble Beach Farms. East Marion, NY; Parcel iD No. 1000-30-2-53. 5.7:55 p,m Appl. No. 4244SE -- DEPOT ENTERPRISES, INC. This is a request for a Special Exception. as amended, to include approval for the [ocanon and use of a proposed addi- localed at 320 Depot Lane. Cutehogue, New York. The proposed addition is an expansion of the existing recre- ational membership club and is located in the Residential-Office (ROI Zone District. Property ID No. 1000-102-2- 6 8:05 pill. Appl. NO. 4249 -- SANFfIRD and SUE HANAUER. This ~s a request lbr a Special Enccp- and Section 100-231, based upon the May 4, 1994 Notice of Disapproval from the Building Inspector for per- mission to locate accessory uses (ten- nis court, swimmingpool and pool clubhouse) in an area other than the required rear yard, and with tennis- court fencing at a height of more than four feet when Iocaled in a front yard area. Location of Property: 475 Cedarfields Drive, Greenport, NY; County Tax Map parcel No. 1000-40- 5-1.42. Th~ subject premises is located in the Hamlet-Density Zone District. 10. & I1. 8:25 p.m. TONY and MARIA KOSTOULAS. Location of Property: 1035 Aquaview Avenue, East Marion. NY; County Tax Map parcel No. 1000-21-2-13, This prop- erty is nonconforming as to total Itt area in this R-40 Zone District. Appl. No. 4098 -- (Continued Hearing). This is a request for a variance under Article XXIII, Section 100-239 4 for approval of a deck extension located within 100 feet of the bluff of the Long Island Sound. AppL No. 4248 -- This is a re- quest for variance under Article ILIA. Section 100-30A,3 for ap- proval of a deck addition with in- sufficient side yard setbacks, 12 8:35 pm. AppL 4247 -- HUGI~)c T. and CAROl. L. CONROY, This is a request for a Special Exception to establish an Accessory Apartment in conjunction with the owner's occupan- cy within existing residence as autho- rized under Article 1[1, Section 100- 30A.2B and Section 100-31B(141 of the Zoning Code. Location of Properly: Westerly side of Gin Lane, Somhold, NY; also referred to as Lot #2 on the Subdivision Map of Bay Haven filed in the Suffolk County Clerk's Office as Map 2910; further identified on the County Tax Maps as 1000-88-3-6. 13. 8:55 p.m. Appl. No. 4239 -- MARGARET BEST and ADYLYN SYVERSON This is a request for a variance under Article IliA. Section 100-30A.I based upon the May 2. 1994 Notice of Disapproval by the tion to establish and operate a Bed and Building Inspector for approval of the Breakfast in accordance with the pro- . proposed insufficient Itt area and visions of the zoning code at Article insufficient Itt widlh of proposed, El, Section 100-31B(15). with owner- Parcels #1 and #2. Location of Prop- occupancy, and as an accessory to the erty: Private Road 1417 extending off existing principal residence. Location the easterly side of Camp Mineola of Property: 4105 Soundview Avenue. Road. Matrituck, NY; County Tax Mattituck. NY; County Tax Map Map Parcel No, 1000-123-6-17. The Parcel No. 1000-94-3-part of 1.7, also subject premises contains a total Itt known and referred to as Lot No. 2 on area of approximately 1.2 acre(s) in, the Subdivision Map of Robert and total area and is located in the R-40' lean Lenzer. Low-Density Residential Zone Dis- JOHN CROKOS. This is a request The Board of Appeals will at said for a variance under Article XXlX, time and place hear any and all per- Section 100-239.4A based upon the sons or representatives desiring to be May 4. 1994 Notice of Disapproval heard in the above matters. Written from the Building Inspector for per- comments may also be submirted prior ntission to lecate swimmingpool with to the conclusion of the subject hear- fence enclosure within 100 feet of tbe/~'''a lng..Each hearing will not start befo~ bluff along the Long Island Sound. the times designated above, if you This property was the subject of prior wish to review the files or need to Appeals under AppL No. 4204 as gn- request more information, please do dered 12/8/93 and Appl. No. 4140 as not hesitate to call 765-1809 or visit rendered 2/23/93. The subject premis- our office, es is improved with a single-family Dated: May 23, 1994. dwelling and contains an area of BY ORDER OFTHE SOUTHOLD approximately 40,000 sq. ft. (total Itt TOWN BOARD OF APPEALS area). Location of Property: 2110 GERARD P. GOEHRINGER Grand View Drive. Orient, NY; Lot CHAIRMAN No, 7 on the Map of Grand View By Linda Kowalski Estates; County Tax Map Parcel No. 7945-1TMy26 '~ / 8. 8:15 p.m, Appl. No. 4241 -- RICHARD LAN. This is a request for a variance under Article IliA, Section 100-30A.4 (ref. Article Ill. Section 100-33) based upon the May 4, 1994 Notice of Disapproval from the Building Inspector in a building permit application to eonstn~ct pool and deck in Ibe front yard area, as an accessory use. Location of Property: 230 Bridge Lane. Cutchogue. NY; County Tax Map Parcel No. 1000-II1-15-1.4 and 1.5 (Tax Map Parcel No. 1.4 totals 2.478 acres and Parcel No. 1.5 Iotals 1.088 acres). The subject premises is located in an R-40 Low-Densiry MOORE'S LANE HOLDING CORP. This is a request for a variance under Arlicle V Section 100-53B. ) SS: ~'"'~""-"~I.~~ of Mittitnck, in ~g duly sworn , says that he/she rk of THE SlJ/cicOLK TIMES, a ~r, published at Mattituck, in athold, County of Suffolk and , and that the Notice of which irinted copy, has been regular- Id Newspaper once each week Successively, commencing on Principal Clerk APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF AP~£AL$ IOW~ OF SOUIHO/D May 24, 1994 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 TO: RE: Applicants Public Hearings - June 8, 1994 Dear Sir or Madam: We are in receipt of your recent 'application under the Southold~Town,Zoning Ordinance and. have forwarded notice for publication this week to the.local and official newspapers of the, Town. to wit: Long Island, Traveler 'and Suffolk Times. Copies of your file have been distributed to the,Board Members for additional review, and individual on-site inspection; expected within-the next 10 to days. If you have not already staked the proposed new construction, we ask that you please do so immediately, It is requested that one of the property owners, or if the property owner is not availablev then someone:fully familiar with the property, appear ,at the public hearing at, the time specified in the attached Legal Notice. If your presentatlon, should be lengthy, a draft or final written copy is always appreciated. You should feel free to submit additional documentation to support this application at any time.before, or during, the public hearing~ Please do not hesitate to call our office if you. have questions concerning your application or related matter. Yours very truly, Linda Kowalski Clerk, Board of Appeals Enclosure Coples of Legal Notice to the following. 5/24/94: Cynthia Sytruk and Kim Fallon 55 Harbor View Avenue Mattituck, NY 11952 Mr. and Mrs. Alex Wipf 940 West Creek Avenue Cutchogue, NY 11935 LKC Corp. P.O. Box 843 Jamesport, NY 11947-0843 Mr. and Mrs. George Tsavaris 2170 The Strand P.O. Box 385 East Marion~ NY 11939-0385 Dr. Joseph Lizewski Depot Enterprises. Inc. 320 Depot Lane Cutchogue. NY 11935 Mr. and Mrs. Sanford'Hanauer 4105 Soundview Avenue P.O. Box 281 Mattltuck, NY 11952-0281 Attn: Keith Keller-Sandgren ' Associates 10 Mineola Avenue Roslyn Heights, NY 11577 Mr. James Fitzgerald P.O. Box 617 Cutchogue, NY 11935-0617 Moore's Lane ,Holding. Corp. P.O. Box 1143 Cutchogue. NY 11935-1143 Patricia C. Moore; Esq. P.O. Box 23 Westphalia Road Matt'ituck. NY 11952-0023 Mr. and Mrs. Hugh T. Conroy 380 Gin Lane Southold, NY 11971 Dr./Mrs. Robert Hariri 61 Lafayette Avenue Chatham~ NJ 07928 Scheffs Trust 3100 Soundview Avenue Mattituck, NY 11952 M/M Demetrio Laveglia 97-24 116th Street Richmond Hill, NY 11419 Copies to TB, BD, PB, TA Departments BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of. Southold, that the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS, :at i tbe Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, MAY 4, 1994, commencing at the times specified below: 1.7:30 p.m. Appl. No. 4223 - CLAUDE SHER. This is a re- quest for a variance under Ar- ticle XXIII, Section 100-231, based upon the April 7, 1994 Notice of Disapproval from the Building Inspector for a building permit to erect fenc- ing around a proposed tennis- court structure which will ex- ceed the maximum height re- quirement of the code when located in the front yard. Location of Property: 1480 Old Woods Path, Southold, NY; County Tax Map Parcel No. 1000-87-1-2L 2. 7:33 p.m. Appl. No. 4236 - ELEFTHERIOS PAPPAS and OTHERS. This is a re- ZLluest for a variance under Ar- ~ticie XXIII, Section 100-231, :~ased upon the April 19, 1994 ~otice of Disapproval (up- Bated from September 21, 11992) for a permit to construct :fence/gate and gate post which iwill exceed four-ft, height re- ~quirement when located in the front yard. Location of Pro- perty: 68755 C.R. 48, Green- port, NY; County Tax Map Parcel No. 1000-33-5-14. 3.7:35 p.m. AppL No. 4232 - THOMAS PALMER and JOAN GIBBS. This is a re- quest for a variance under Ar- ticle IIIA, Section 100-30A.3, based upon the March 2, 1994 Notice of Disapproval for a lot-line change of two substan- dard parcels, having insuffi- cient area and width as exist and as proposed. Location of Property: 2140 and 2200 Deep Hole Drive, Mattituck, NY; County Tax Map Parcels 1000-123-4-4 and 5. A~) p.m. Appl. No. 4235 - FALLON AND CYN- SUTRYK. This is a re- quest for a variance under Ar- ticle III, Section 100-33, bas- ed upon the April 4, 1994 Notice of Disapproval for a permit to construct accessory building in the front yard area. Location of Property: 3200 Soundview Avenue, Mat- tituck, NY; County Tax Map Parcel 1000-94-2-5. 5. 7:45 p.m~ Appl. No. 4231 - ALEX AND AFRODITE 'BOUKAS. This is a request for a variance under Article VII, Section 100-71B(2) which i requires a lot area of 40,000 ' sq. ft. per Special Exception I use category in the ! Residential-Office Zone 1 District. The subject premises is nonconforming containing i 21,051 sq. ft. in area and 97.76 I ft. in lot width. Location of I Property: 14695 Main Road, I Mattituck, NY; County Tax Map Parcel No. 1000-114-8-5~ 6. 7:45 p.m. Appl. No. 4230SE i - ALEX AND AFRODITEI BOUKAS. This is a request for a Special Exception under i Article VII, Section 100-71B(2) for the proposed conversion of an existing: single-family dwelling to pro- fessional office(s) in this: Residential-Office Zone District. Location of Proper- ' ty: 14695 Main Road, Mat- titt/ck, NY; County Tax Map Parcel No 1000-114-8-5. 7.7:52 p.m. Appl. No. 4217 - THOMAS PULS and DON- [ NA RICCO. (Carryover from March 2, 1994). This is a re- quest for a variance under Ar-i ticie III, Section 100-33 for. .permission to locate swimm- ?g pool with fence enclosure in an area other than the re-I quired rear yard or required, front yard. Location of Pro- petty: 1350 Eugene's Road, Cutehogue, NY; County Tax Map Parcel No. 1000-97-6-1.2. 8. 7:55 p.m. Appl. No. 4234 - ALEX AND MARION WIPE This is a request for a .variance under Article III, Section 100-33C for permis-~ sion to locate an accessory' garage with a frontyard set- ~ back at less than the required 40 ft. front yard setback. Thi~ parcel is nonconforming with a lot area of approximately. 22,000 sq.'ft: aliel~rontage (lot Width) Of lla~Location of Propcarty: ~940 West Creek i Avenue, Cutchogue, County Tax Map Parcel NO. 1000-103-13-7. 9. 8:00 p.m. Appl. No. 4238 JON C. KERBS. This is a re- quest for a variance based upon the April 18, 1994 Notice of Disapproval for a permit to alter roof line for a height above the 18-foot limitation in a preexisting accessory building with garage and ren- tal apartment (Pre-C.O. Z6034 issued 8/1/74); Article IIIA, Section 100-30A.4 (ref. 100-33). Location of Property: 440 Riley Avenue (previously known as 590 Riley Avenue), Mattituck, NY; County Tax Map Parcel No. 1000-143-4-10. 10. 8:05 p.m. Appl. No. 4226 - THOMAS KELLY. (Car- ryover from last hearings amendment to Special Exgep- tion No. 4065 (rendered January 23, 1992, for the pro- cessing of gropes grown at the premises and sales of grape wine), to convert a portion of existing building as a cooking facility (kitchen) for private use. Location of Property: 23005 Main Road, Cutchouge, NY; County Tax Map Parcel No. 1000-109-1-8.7. 14. 8:35 p.m. Appl. No. 4218 - JOHN STRIPP. (Carryover from last hearing ~alendar.) Variance for front yard set- back of new dwelling. Private Road, Fishers Island. 1000-7-2-9. 15. 8:35 p.m. Appl. No. 4220 - JOHN STRIPP. (Carryover from last hearing calendar.) Variance to locate accessory swimming pool with fence enclosure in the front yard. calendar). . Private Road, Fishers Island. 1000-7-2-9. 11. 8:10 p.m. Appl. No. 4203 The Board of Appeals will - KIM CAMPBELL. (Third at said time and place hear any and Final Hearing). This is a and all persons or represen- request for a variance under, tatives desiring to be heard in Article based upon the the above matters. Written November 30, 1993 Notice of Disapproval for a permit to reconstruct new accesory building, which replaces an ac- cessory building existing prior to September 1993 - and which contained a nonconforming guest cottage use as an ac- cessory to the main residence (see Pre-C.O. No. Z5912 dated 5/15/74). Location of Proper- ty: Private Road at East Har- bor, Fishers Island, NY; Coun- ty Tax Map Parcel No. 1000-4-4-16. 12.8:15 p.m. Ap~. No. 4203SE - ROBERT E. BIDWELL. This is a request for a Special Exception under Article III,, Section I00-31B(13) for ap-: proval of winery uses in ex- isting building and proposed building. The site plan shows that the property is situated along the south side of C.R. 48, Cutehouge, NY, is zoned Agricultural-Conservation, and is identified on the Suf- folk County Tax Maps as 100-96-4-4.3 containing 15.4± acres. comments may also be sub- mitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated abov~ If you wish to review the files or need to request more informa- tion, please do not hesitate.to call 765-1809 or visit our offic~ Dated: April 19, 1994. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN · 4'~Z 'By Linda Kowalski IX4/21/94(80) 13. 8:25 ~.m. Appl. No. 4237 - ROBERT PELLIGRINI. This is a request for an COUNTY OF SUFFOLK STATE OF NEW YORK SS; Patricia Wood, being duly sworn, says that si~e is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at $outhoJd, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in sa~d Long Island Traveler-Watchman once each week for ..................... ( ..... weeLs successively, commencing on the ......... .C~/. .'~.. ...... .ayo,'. ..... ....... ...... ~-~~.. Sworn to before me this ........... .~.(i'~... day of ......... b'/~ ....... 19 9 Notary Public BARBARA A. SCHNEIDER NOTARY PU~UC, State of i'~e~ York !10, NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Se¢lion 267 of the Town Law and the Code of the Town of Soulhold, that Ihe following public hearings will be held by the SOUTHOLD TOWN BOARD APPEALS, at Ihe Southoid Town Hall, 53095 Main Road, Southold. New York 11971, on WEDNESDAY, MAY 4, 1994, commencing at the times specified below: I. 7:30 p.m. Appl. No. 4223 -- CLAUDE SHER. This is a request for a variance under Article XXlll, Seclion 100-231, based upon the Apdl 7, 1994 Notice of Disapproval from Ihe Building Inspector for a building porntit to creel fencing around a pro- posed lennis-coun slructurc which will exceed the maximum height require- meat of the code xxhcn Iocaled in the front yard. Location of Property: 1480 Old Woods Path. Southold, NY; County Tax Map Parcel No. 2. 7:33 p.m. Appl. No. 4236 ELEFTHERIOS PAPPAS and OTHERS. This is a request for a va~- 231, based upon the April 19. 1994 Notice of Disapproval fapdatnd from September 21, 1992) for a permit Io which will exceed four-ft, height C.R. 48, Greenpon, NY; County Tax Map Parcel No. 1000-33-5-14. 3, 7:35 p.m. Appl. No. 4232 -= THOMAS PALMER and JOAN Map Parcels 1000-123-4-4 and 5. KIM FALLON and CYNTHIA SUTRYK. This is a ~luest for a vail- Special Exception use category in the ResideraiaI-Off~ce Zone Dislrict. Thc subject premises is nonconforming' containing 21,051 sq. ft. in area and 97.76 ft. in lot width. Location of Property: 14695 Main Road. Mattituck, NY; County Tax Map Parcel No. 1000-114-8-5. 6. 7:45 p.m. Appl. No. 4230SE -- ALEX and AFRODITE BOUKAS. This is a request for a Special Excep- lion under Article VII, Seclion 100- 71B(2) for Ihe proposed conversion of an existing single-family dwelling to professional office(si in this Rest- dentiaI-Officc Zone District. Location RICCO. (Carryover from March 2, building and proposed building. The STATE OF NEW YORK) ) SS: ~OUNTY OF SUFFOLK) (~~' ~ of Mattituck, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weeldy Newspaper, published at Mattituck, in the Town of Southold, County of Suffolk Rnd State of New York, and that the Notice of which the annexed is a printed copy, has been regular- ly published in said Newspaper once each week for [ weeks successively, COmmencing on the ~-~ day of~fl~ 19/~. . Oualif~l ~ Suflol~ ~ ,~.qL~ -PrtucipjtJ.~Icrk JOHN STRIPp. (Cmryover from last hearing calendar.) Variance to locate accessory swimmingpool with fence enclosure in the front yard. Private Road, Fisher~ Island. 1000-7-2.9. The Board of Appeals will at said 6me and place hear any and all per- anco under Ankle IlL Section 100-33, the 18-foot limitation in a preexisting based upon thc April 4, 1994 Notice ~f accessory building with garage and Disapproval for a permit to construct i~nlal apartment (Pre C O No · . ~:::,, ~,qssund 8/1/74I; Article II A S ' area. Locai,m. ef~/o~caL~,,OU 100-30A.4 (ref. 100-33). L~at~oCntl~t; So~ndview Avenue, Mattituck, NY;* ProPerlY: 44GRiley Avenue (previous. CountyTax Map Parce11000-94-2.5. ly known as 590 Riley Avenue}, 5. 7:45 p.m. Appl. No. 4231 -- Matrituck, NY; County Tax Map ALEX and AERODITE BOUKAS. Pmcel No. 1000-143-4-10. This is a request for a variance under 10. 8:05 p.m. AppL No. 4226 -- Article VII, Section 100-71B(2) which THOMAS KELLY. (CanYover from requiresalotareaof40,000sq, ft. per : last hearings calcndar). II. 8:10 p.m. AppL No. 4203 -- KIM CAMPBELL. (Third and Final Hea~ng). This is a request for a vari- ance under Article based upon Ihe Npvem~r 30, 1993 Notice of Disap- proval for a permit to reconstruct new accessory building, which replaces an accessory building existing prior to September 1993 -- and which con- lathed a nonconforming guest cotlage dunce (see Pre-C.O. #Z5912 dated 5/15/74). Localion of Property: Private Road at Easl Harbor, Fishers Island, NY; County Tax Map Parcel No. 1000-4-4-16. of Property: 14695 Main Road, 12.8:15 p.m. Appl. No. 4203SE-- hi: iu*ck, NY; Coul~ty Tax Map ROBERT E. BIDWELL Th~s n ~Y'i!~4'8-$. requesl fora Special Excep ion under P 000 · ' 's a ~.N,o. 4217 -- Arlicle Ill. Section 100-31B(13 for site plan shows that the property is sit- sated along the south side of C.R. 48, Cutchague, NY, is zoned Agricultural. Conservation. and is identified on the Suffolk County Tax Maps as 1000-96- 4-4..1 c~raalding 15.4~: acres. ~13. 8:25 p.m. Appl. No. 4237 -- ROBERT PELLIGRINI. This is a request for an amendmenl to Special Exception No. 4065 (rendered January 23, 1~92, for the processing of grapes grown ~t the premises and sales of grape Wine), to converl a pon on of existing!building as a cooking facility (kitche~for private use. Location of Propert,~: 23005 Main Road; Culchogue, NY; County Tax Map Parcel N~. 1000-109-1.8.7. 14. 8:35 p.m. Appl. No. 4218 -- JOHN ,$FRIPp. (Carryover from la.si ~_~_~ ~ ? GERARD p. GOEHRINGER hearing ~alendar.) Variance for frora c:.=-,' ~ ' CHAIRMAN .. yard setbhck of new dwelling. Private :* =' ,* :~-'; · By Linda Kowabk ' Roed, Fssherslsland. 1000-7-2-9, ~7915-1TA21 ' ~ , 15. 8:35 p.m. AppL No. 4220 -- 1994). This is a request for a variance under Article 111. Section 100-33 for potmission to locate swimmingpool with fence enclosure in an area other than the required rear yard or required front yard. Location of Property: 1350 Eugene's Road, Cutchoguc, NY; County Tax Map Parcel No. 1000-97- 6-1.2. 8. 7:55 p.m. Apple No. 4234 -- ALEX and MARION WIPF. This is IlL Section 100-33C for permission to required 40 fi. front yard setback This parcel is nonconforming with a lot · area of approximately 22,000 sq. ft. and frontage (lot width) of 118 ft. Location of Property: 940 West Creek Avenue, Culcbogue, NY; County Tax Map Parcel No. 1000-103-13.7. 9. 8:00 p.m. AppL No, 4238 -- JON C. KERBS. This is a request for a variance based upon the April 18, 1994 Notice of Disapproval for a per- mit to alter roof line for a height above APPEALS BOARD IVIEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Diaizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD April 19. 1994 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: RE: Applicants Public Hearings - May ~. 1994 Dear Sir or Madam: We are in receipt of. your recent application under the Southold. Town. Zoning Ordinance and= have, forwarded notice for publication this, week to the local and official, newspapers of~ the Town. to wit: Long Island Traveler and Suffolk Times. Copies of your file have. been distributed to the Board Members for additional review and individual, on-site-inspection, expected within-the next 10, to lU, days. If you have-not already,staked the proposed new construction.~ we ask that you please do so immediately, It is requested that one,of the property owners, or if the property owner is not available, then someone fully familiar with the property, appear at the public, hearing at the time specified in the attached Legal Notice. If your presentation will be lengthy; a · draft or final, written copy. is always appreciated. You should feel free to submit, additional-documentation to support this application at any-time before, or during, the public,hearing. If you have any questions; please call our office. Yours very truly. Linda Kowalski Clerk. Board of Appeals Enclosure APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF PUBLIC HEARINGS Town Hall, 53095 Mni~ Rosd P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS~ at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY~ MAY ~ 1994~ commencing at the times specified below: 1. 7:30 p.m. Appl. No. 4223 - CLAUDE SHER. This is a request for a variance under Article XXIll, Section 100-231, based upon the April 7, 1994 Notice of Disapproval from'the Building Inspector for a building permit to erect fencing around a proposed tennis-court structure which will exceed the maximum height requirement of the code when located in the front yard. Location of Property: 1480 Old Woods Path, Southold, NY; County Tax Map Parcel No. 1OOO-87-1-21. 2. 7:33 p.m. Appl. No. 4236 ELEFTHERIOS PAPPAS and OTHERS. This is a request for a variance under Article XXIII, Section 100-231, based upon the April 19, 1994 Notice of Disapproval (updated from September 21, 1992) for a permit to construct fence/gate and gate post which will exceed four-ft, height requirement when located in the front yard. Location of Property: 68755 C.R. 48, Greenport, NY; County Tax Map Parcel No. 1000-33-5-14. Page 2 - Notice of Heari~l~ Southold Town Board of Appeals Regular Meeting of May 4. 1994 3. 7:35 p.m. Appl. No. 4232 - THOMAS PALMER and JOAN GIBBS. This is a request for a variance under Article ILIA, Section 1OO-3OA.3, based upon the March 2, 1994 Notice of Disapproval for a lot-line change of two substandard parcels, having insufficient area and width as exist and as proposed. Location of Property: 2140 and 2200 Deep Hole Drive, Mattituck, NY; County Tax Map Parcels 1000-123-4-4 and 5. 4. 7:40 p.m. Appl. No. 4235 - KlM FALLON and CYNTHIA SUTRYK. This is a request for a variance under Article Ill, Section 100-33, based upon the April 4, 1994 Notice of Disapproval for a permit to construct accessory building in 3200 Soundview Avenue, 1000-94-2-5. the front yard area. Location of Property: Mattituck, NY; County Tax Map Parcel 7:45 p.m. Appl. No. 4231 ALEX AND AFRODITE BOUKAS. This is a request for a variance under Article VII, Section 1OO-71B(2) which requires a lot area of 40,000 sq. ft. per Special Exception use category in the Residential-Office Zone District. The subject premises is nonconforming containing 21,O51 sq. ft. in area and 97.76 ft. in lot width. Location of Property: 14695 Main Road, Mattituck, NY; County Tax Map Parcel No. 1000-114-8-5. 6. 7:45 p.m. Appl. No. 4230SE - ALEX AND AFRODITE BOUKAS. This is a request for a Special Exception under Article VII, Section 100-71B(2) for the proposed conversion of an existing single-family Page 3 - Notice of HeariO Southold Town Board ofA~ppeals Regular Meeting of May 4, 1994 dwelling to professional office(s) in this Residential-Office Zone District. Location of Property: 14695 Nain Road, Nattituck, NY; County Tax Nap Parcel No. 1000-114-8-5. 7- 7:52 p.m. Appl. No. (Carryover from March 2, 1994). This under Article Ill, Section 1OO-33 swimmingpool with fence enclosure rear yard or required front yard. Eugene's Road, Cutchogue, NY; County 10OO-97-6-1.2. 4217 THOMAS PULS and DONNA RICCO. is a request for a variance for permission to locate in an area other than the required Location of Property: 1350 Tax Nap Parcel No. 8. 7:55 p.m. Appl. No. 4234 - ALEX AND MARION WIPF. This is a request for a variance under Article Ill, Section 1OO-33C for permission to locate an accessory garage with a frontyard setback at less than the required 40 ft. front yard setback. This parcel is nonconforming with a lot area of approximately 22,000 sq. ft. and frontage (lot width) of 118 ft. Location of Property: 940 West Creek Avenue, Cutchogue, NY; County Tax Map Parcel No. 1OO0-103-13-7. 9. 8:00 p.m. Appl. No. 4238 - JON C. KERBS. This is a request for a variance based upon the April 18, 1994 Notice of Disapproval for a permit to alter roof line for a height above the 18-foot limitation in a preexisting accessory building with garage and rental apartment (Pre-C.O. No. Z6034 issued 8/1/74); Article ILIA, Section 1OO-3OA.4 Page 4 - Notice of Hear~ Southold Town Board of Appeals Regular Meeting of May 4. 1994 (ref. 1OO-33). Location of Property: 440 known as 590 Riley Avenue), Mattituck, NY; 10OO-143-4-10. Riley Avenue (previously County Tax Map Parcel No. 10. 8:05 p.m. Appl. No. 4226 - THOMAS KELLY. last hearings calendar). (Carryover from 11. 8:10 p.m. Appl. Hearing). This is a the November 30, 1993 No. 4203 - KlM CAMPBELL. (Third and Final request for a variance under Article based upon Notice of Disapproval for a permit to reconstruct new accessory building, which replaces an accessory building existing prior to September 1993 and which contained a nonconforming guest cottage use as an accessory to the main residence (see Pre-C.O. #Z5912 dated 5/15/74). Road at East Harbor, Fishers Island, 10OO-4-4-16. Location of Property: Private NY; County Tax Map Parcel No. 12. 8:15 p.m. Appl. No. 4203SE - ROBERT E. BIDWELL. This is a request for a Special Exception under Article Ill, Section 100-31B(13) for approval of winery uses in existing buildng and proposed building. The site plan shows that the property is situated along the south side of C.R. 48, Cutchogue, NY, is zoned Agricultural-Conservation, and is identified on the Suffolk County Tax Maps as 1OOO-96-4-4.3 containing 15.4+- acres. Page 5 - Notice of Hear~ Southold Town Board of Appeals Regular Meeting of May 4, 1994 13. 8:25 p.m. Appl. No. 4237 - ROBERT PELLIGRINI. This is a request for an amendmenb to Special Exception No. 4065 (rendered January 23, 1992, for the processing of grapes grown at the premises and sales of grape wine), to convert a portion of existing building as a cooking facility (kitchen) for private use. Location of Property: 23005 Main Road, Cutchogue, NY; County Tax Map Parcel No. 1OOO-109-1-8.7. 14. 8:35 p.m. Appl. No. 4218 - JOHN STRIPP. (Carryover from last hearing calendar.) Variance for front yard setback of new dwelling. Private Road, Fishers Island. 1OOO-7-2-9. 15. 8:35 p.m. hearing calendar.) fence enclosure in 10OO-7-2-9. Appl. No. 4220 - JOHN STRIPP. (Carryover from last Variance to locate accessory swimmingpool With the front yard. Private Road, Fishers Island. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. If you wish to review the files or need to request more information, please do not hesitate to call 765-1809 or visit our office. Dated: April 19, 1994. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski X Mailing List for 51q. IFl- Hearings Notice: Claude A. Sher 43 Ridge Road Searington. NY 11507 Rudolph H. Bru~. Esq. Main Road Southold. NY 11971-1~66 Mr. Thomas A. Palmer P.O. Box:218 Cutchogue, NY 11935 Kim Fallon 55 Harbor View Avenue Mattituck. NY 11952 Mr. Jon C. Kerbs /4]40 Riley Avenue Mattltuck. NY 11952 Mr. Frank Cichanowicz Briarcliff Landscape P.O. Box 222 Peconic. NY 11958 Samuels. g Steelman Architects 25235 Maln: Road Cutchogue~ NY 11935 Stephen L. Ham III. Esq. 45 Hampton Road Southampton. NY 11968 Mr. Henry E. Raynor. Jr. 320 Love Lane Mattituck. NY 11952 Mr.. and Mrs. Alex Wipf 9~0 West Creek Avenue Cutchogue, NY 11935 Mr. John Thatcher F.I. Nature Conservancy P.O. Box 132 Green Village. NJ 07935 Robert T. Bayley, ~IA 150 LAKEVIEW Terrace East Marion, NY 11939-0595 Delivered to NEWSPAPERS 4/19/94 Copies of all files in board boxes and to Chairman 4/19/94. Copy of legal notice to: Town Clerk (for coord.) Building Dept. Posted on Town Clerk Bulletin on 4/19/94. Board APPEALS BOARD MEMBERS Gerard E Goehringer, Chairman Ser~e Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765~1809 BOARD OF APPEAI~ TOWN OF SOUTHOLD. Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 S.E.9.R.A. ~PE II ACTION DECLA~RATION April 12, 1994 Ap~al No. 4234 Project/Applicants: County Tax Map No. Location of Project: Alex & Marion Wipf 1000- 103-13-7 940 West Creek Ave., Cutchogue, NY Relief Requested/Jurisdiction Before This Board in this Project: Accessory garage Front yard setback This Notice is issued pursuant to Part 617 of the implementing reg/llations 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) ForTh has been submitted; however, Section 617.13 of 6 N-YCI~R Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the %~e II classification as established by law. Further, this Department may not be an involved agency under SEQP~ {Section 617.13(a) as mended February 14, 1990}. Although this action is classified as ~rpe II for this variance application under SEQP~ {specifically 617.13, 616.3(j), and 617.2(jj)}, this determination shall have no affect upon any other agency's interest or SEQP~ 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 merabers. Copy placed in ZBA project file for record purposes. mc JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER Town Hall, 53095 Main Road P.O. Box 1179 SouthoM, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Judith T. Terry, Southold Town Clerk DATED: April 12. 1994 RE: Zoning Appeal No. 4234 - Alex and Marion Wipf Transmitted herewith is Zoning Appeal No. 4234 of ALEX and MARION WIPF for a variance. Also included is: Notice of Disapproval from the Building Department, dated April 11, 1994; Notice to Adjacent Property Owners; copies of survey; Short Environmental Assessment Form; ZBA Questionnaire; diagram; and a letter of non-jurisdiction from the NYS DEC dated June 24, 1993. Judith T. Terry Southold Town Clerk QUESTIC~AIRE FOR FILI~G WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of : the owner(s) and any other individuals (and entities) having a financial interest in the subjec~ premises and a description of their interests: (Separate sheet may, be a~=ached.) ~. Is the su~jecu premises lisue= on the real esUa=e'marne= -~a~' or being shown to prospective buyers? { } Yes No. (~f ~as, pl~e a~mmh ~.r~ O~ "cond/t~nns,, of C. Are there ~zzy ~rrupcsals tD change ~r alter land cun~ou~u? { } Yes {~ No D. 1. Are there any areas which contain wetland grasses? 2. ~? the ~etland are~cwn on the map submitted with =his application? 3.. Is the property bul~heaeed bet~en the wetlands area and the upland building area? 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? E~ Is there a depression or sloping elevation near the area of proposed g~r~truction at or below'five.feet above mean sea level? ~J~ (If not applicable, state "N.A.") ' 'F. Are there any patios, ~oncrete barriers, bulkheads or which e~= ~nd are not shown on the survey mad that you ara ~Ubmitting? ~0~ If none exist, please state "none." · G. Do you have any construg~ion taking place at this time concerning your premises? ~O~ If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you ~any co-owner also owh other land close to this parcel~ ~/0 ~' ' - x= yes, please explain where or submit copies of deeds. I. Please.~ist present Use ~r operations conducted at this parcel proposed use S~ and Authorized ~igna~ure 3/87, 10/901k § 97-13 WET.L~."IDS § 97-13 TOWN ~ The Town of Southold. TItUSTI~ES -- The Board of Trustees of the Town of Southotd. [Added ~-$-84 by L.L. -No. 6-1954] ~S [Amended 8-26-76 by ~ No. 2-1976; 3-26- (1) All lands ~enerally covered or in~rmitten~ly cov- ered With. or which border on. tidal wa~. or lands lyin~ beneath tidal wa~rs, which at mean low tide are covered by tidal wate~ ~ a maximum depth of five (5) feet. includin~ but not limited ~ ban~. bo~s. salt marsh, swamps, meadows, fla~ or ocher Iow lyin~ lands subject ~ tidal action; (2) All banks, bo~s. meadows, fla~ and tidal marsh subject to such tides and upon which grows or may Erow some or an~ of the followin~ salt hay. black ~rass. saltwort, sea lavender. ~11 cord~s, high bush. cat,ils, groun~eL m~a~nl!ow ~d ~w (3) All lmad immediatei3- adiacen~ t~ a tidal wetland as defined in Subsection A(2) and lying ~vithin seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESHWATER WETLANDS: ' · (I) Fresh~vater wet ands" as defined in Article 24. Ti- tle 1. § 2-1-0107. Subdivisions l(a) to l(d) inclusive. of the Environmen~l Conservation Law of the State of Ne~v York: and (2) Ali land immediateI.v adjacent to a "freshwater wet- land." as defined in Subsection 13(1) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." '7. 9705 z.:s.ss ~J~PF /03-/.~- Y o JUDITH T. TERRY, TOWN CLERK Town of Southold Southold, New York 11971 Phone: 516- 765-1801 RECEIVED OF: ~'~'~,~- ~;"'~"~ FOR: ~ /'~'~'" '~ ~ RECEIPT 050151 [] CASH ,B. OARJ3OF .~PPEALS, TOWNOF S~'~ HOI_D In the Matter of the Petition of : ALEX & MARION WIPF : 11o the Board of Appeal~ of the Town nf Southnld : TO: Mr. & Mrs. Ron Barrett 875 West Creek Ave. Cutchogue, New York 11935 NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is. he intention of the undersigned to petition the Board f~f Appeals of the Town of Southold to requesta(.~ariance~ (Special Exception) (Special Permit) (Other) [circle choice[ 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: the Wipf parcel south of your property. 3. That the property which is the subject of such Petition is located in the following zoning district: Residential ~. Low Density 4 That b% such Petition. the undersigned will request the following relief: front yard set back varience of 17 ft~ less than code or 18 ft. from the road. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signe~ are Article III Section 100-33 C [ ] 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 ma), then and there examine the same during regular office hours. {516) 725-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated:' April i1~ 1994 ALEX WIPF Petitioner Owners'Names: ALEX & b~RION WIPF PostOffice Address-P.O. Box ~21 940 West Creek Ave. Cutchogue, N.Y. 11935 Tel. No. (516) 734-6513 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] BOARD OF APPEALS, TOWN OF SOUTHOI_D In the I~lmtler ot the Petition of : AT.RX & MARIQN WIPF : to the Board of Appeals of the Town of Soulhold : TO: Dr. & Mrs. Christopher Groocock 1030 West Creek Ave. Cutchogue, N.Y. 11935 NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to requesta ~(Special Exception) (Special Permit) (Other) [circle choice] 1. 2. That the property which is the subject of the Petinon is located adjacent to your property and is des- cribed as follows: the Wiof D~r~l nor~ n~: y~ ~rn_~r~-%.r Thai the property which is the subject of such Petition is located in the following zoning district: Residential- Low Density I 4 That h~, such Peliliun, the undersigned will request the following relief: front yard set back variance of 17 ft. less than code or 18 ft. from the road. 5. Thai the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Section 100-33-C [ ] 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 wrizten Petition requesting the relief specified above will be filed in lhe Southold Town Clerk's Office at Main Road, Southold, New York and you ma}, then and there examine the same during regular office hours. (5].6) 765-].809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the B6ard of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Sou*hotd and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated:' April 11, 1994 ALEX Petitioner Owners ' Names: ALEX £~ b'.3%RION WIFF Post Off]ce Address P.O. Box 421 9~? West CreeS: Ave. CutchoQue, N.Y 11935 Tel. No. ( 516 ) 73~.-6513 NAME PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Z 6 =1~ "ao~_. Receipt ~'~. Certified h NO Insurance Coverab~ Do not use for International (See Reverse) Z 693 359 962 Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Maid (See Reverse) / u! Certified Fee ~ Restricted Delivery Fee ~. Return Receipt Showing STATE OF NEW YORK } COUNTY OF SUFFOLK ) ,[~L" ~ ~b/[~ l- ,reslamgat / ~'~ , L.Z~c',./<. liu~.,.I ~U~'&HC;(-~;-~ / ~',~, {1~'~-- , being duly sworn, deposes and says that on the //'~day of ' ' ,19 , deponent mailed a true copy of the Nouce set forth on the re ' . verse side hereof, directed to each of th(aBove-named persons at the addresses set opposite their r~pective names; that the addresses set opposite the names of said persons are the addresse~ of said persons as shown on the current ~sessment roll of the Town of Somhold; that said Notices were mailed at the United States Post Of- rice at '(~.~(, ~LT~ ~ ; that said Notices were mailed to each of said persons by {certified) (registered) mail. Sworn to before meJhis // ' Notary Public HELENE D. HORNE Notary Public, State of NeW York i'~o, qgS1384 ~ua!ified m Suff~ k County (Th s side does not have property owners.) to be completed on form transmitted to adjoining