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Home My WebLink About4285i APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 ACTION OF THE BOARD OF APPEALS DATE OF ACTION: December 7~ 1994 APPL. #4285. APPLICANT: ELBERT E. LUCE~ JR. (Edward J. Boyd V~ Esq.) LOCATION OF PROPERTY: Private Right-of-way off the easterly side of Youngs Road~ Orient. COUNTY TAX MAP DISTRICT 1000, SECTION 18, BLOCK 2, LOT 14. BASIS OF APPEAL: Two separate Notices of Disapproval issued by the Building Inspector ~ each dated November 7 ~ 1994: "Accessory building~ as built~ shail be located in the required rear yard~" and "deck addition~ as built~ with insufficient rear yard setback." PROVISIONS APPEALED FROM: Article III~ Sections 100-32 and 100-33. RELIEF REQUESTED: 10' x 12' accessory shed located previously in the rear yard, and now situated in a side yard, 35'9" from the southerly property line and more than 60 feet to the easterly side property line. Subject deck addition is shown 33 feet from the rear property ]Line instead of the required 35 feet. MOTION MADE BY: Richard C. Wilton, Member SECONDED BY: Serge Doyen, Jr., Member ACTION/RESOLUTION ADOPTED: Granted side yard location of 10' x 12' accessory shed~ as built~ and granted open deck addition with a rear yard setback of 33 feet, as located, and all as shown on survey dated November 2 ~ 1994 prepared by Roderick VanTuyl, P.C. REASONS/FINDINGS: Prior to location of deck, accessory shed was located in a required rear yard. Amount of deck subject to variance consideration is two feet. The variance is not unreasonable and is minimal, under the circumstances. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member James Dinizio, Jr., Member Robert A. Villa, Member Richard A. Wilton, Member G}e, rard P. Goehringer, Chairman-Member adopted. ~ ' /~ ~/~ , ,.....' ,L GERARD P. GOEHKINGI]R, CHAIRM~ 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 NOTICE OF PUBLIC HEARINGS Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 ~[elephone (516) 765-1809 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 $OUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, DECEMBER 7~ 1994~ commencing at the times specified below: l. 7:35 p.m. Appl. No. 4284 - THOMAS & ELIZABETH THOMPSON. Request '.for a Variance under Article III, Section 100-33 for permission to locate an accessory garage building in the southerly side yard area, rather than the required rear yard, at premises known as 2890 Bridge Lane, Cutchogue, NY; County Tax Map Parcel No. 1000-85-2-22. The subject premises is a substandard parcel in this A-C Agricultural Conservation Zone District containing approximately 41,585 sq. ft. in total lot area. (Setback frOm property lines, when located in a yard area other than a rear yard, shall be determined by the Beard of Appeals. ) 2. 7:40 p.m. Appl. No. 4286 - JOEL AND MARGARET LAUBER. Request for a Special Exception under Article III, Section 100-31B(13) for permission to establish Winery Use for the sale of Page 2 - Legal Notice Southold Town Board of Appeals Regular Meeting of December 7, 1994 wine produced from grapes primarily grown on the existing Vineyard where the proposed Winery is to be located, to wit: 45470 Mnin Road, Southold, NY; County Tax Map Parcel No. 1000-75-6-9.7 and 9.6 (combined total: 30 acres). 3. 7:45 p.m. Appl. No. 4283 - GAIL DESSIMOZ and MICHAEL RACZ. Request for Variances under Article III, Section 100-32 and Section 100-33C, based upon the October 21, 1994 Notice of Disapproval issued by the Building Inspector for permission to: (1) change lot lot resulting in a reduction in the existing lot width on the westerly lot from 208.14 feet to 125 feet (Code requirement is 175 feet in this R-80 Residential Zone District), and (2) if the lot width reduction is approved, to locate accessory pool in the new side yard area to the west of the existing single-family dwelling. Location of Property: Private right-of-way known as Hallock Lane and Private Road #10, which extends off the north side of Sound Avenue, Mattituck, NY (over and along lands of Charles Simmons and Edwards Harbes); County Tax Map Parcels No. 1000-112-1-3 and 4. 4. 7:50 p.m. Appl. No. 4285 - ELBERT E. LUCE~ JR. Request for a Variance under Article III, Section 100-33 and Section 100-32, based upon two separate November 7, 1994 Notices of Disapproval~ issued by the Building Inspector for permission to construct accessory storage building (shed) in an area other than the required rear yard, and deck addition to dwelling, as built, which has an Page 3 - Legal Notice Southold Town Board of Appeals Regular Meeting of December 7, 1994 insufficient rear yard setback. Location of Property: Private Right-of-way extending 332.51 feet off the easterly side of Youngs Read, (House #944), Orient, NY; County Tax Map Parcel No. 1000-18-2-14. Subject premises contains a total lot area of 21,188 sq. ft. and is located in an R-80 Residential Zone District. 5. 8:05 p.m. (ReconVened for continuation) Appl. No. 4257 OSPREY DOMINION CO. and FREDERICK KOEHLER~ JR. This is an appileation requesting a Special Exception for approval of a new winery establishment in two existing farm buildings for the production and sale of wine produced from grapes primarily grown on the Vineyard and Winery Establishment proposed at 44075 Main Road (State Rdute 25), Peconic, NY; County Tax Map Parcel No. 1000-75-1-20. The entire premises contains 50.8 acres located in the Agricultural-Conservation (A-C) Zone District. 6. 8:10 p.m. Appeal No. 4282 - CURT W. MEYHOEFER/JOHN and DOREEN MAZZAFERRO. Request for a Variance under Article III, Section 100-32 for approval of deck, as built, with a setback at less than the required fifteen (15) ft. setback from the northerly side property line, at premises known as 43475 Main Road, Pecouic, NY; County Tax Map Parcel No. 1000-75-1-18.1. 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 any of the Page 4 - Legal Notice Southold Town Board of Appeals Regular Meeting of December 7, 1994 above files or would like to request more information, please do not hesitate to call 765-1809 or visit our office. Dated: November 16, 1994. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEI{RINGER CHAIRMAN By Linda Kowalski X Page 4 - Legal Notice Southold Town Board of Appeals Regular Meeting of December 7, 1994 Mailing List for Legal Notice Hearings for December 7, 1994 Copies of the Legal Notice furnished to the following 11/16]94: Mr. Thomas C. Wolpert, Young & Young, 400 Ostrander Ave., Riverhead 11901-4694 Re: Racz and Dessimoz Mr. Joel Lauber, Box 921, Southold, NY 11971, Re: Corey Creek Vineyards Mr. and Mrs. Thomas Thompson, 2890 Bridge La, Cutchogue 11935 Edward John Boyd V, Esq., Main Rd, Southold 11971 Re: Luce Patricia C. Moore, Esq., 315 Westphalia Rd, Mattituck 11952-0023 Re: Meyhcefer/Mazzaferre Posted on Town Clerk Bulletin Board on 11/16/94 Copies to Board Member Boxes together with copies of files 11116 Copy to Town Clerk for distribution to TB on 11/16/94 Copies to official newspaper(s) on 11/17194 by fax transmission Copy to Building Department on 11117 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTttOLD, N.Y. NOTICE OF DISAPPROVAL To ELBERT E. LUCE JR. 944 YOUNGS ROAD ORIRltr, NY 11957 Date PLEASE TAKE NOTICE that your application dated .FtlNE I, 94 for permit to CONSTRUCT ACCESSORY SUED Location of Property .. 944 ¥OUNGS ROAD, ORIENT . House NO. ' ......... '~'t/e; i ............................ Hamlet County Tax Map No. 1000 Section 18 2 14 .............. Block .............. Lot ......... ~ .... Subdivision ................. Filed Map No. t ............... Lot No .................. is returned herewith and disapproved on the following grounds . SOOTHOLD ZONING CODE ARTICLE III, SECTION 100-33 - ACCESSORY BUILUINGS ~ STRUCTURES, OR OTItER ACCESSORY USES SHALL BE LOCATED IN THI/ REQUIRED REAR YARD - ACTION REQUIRED BY THE ZONING BOARD OF APPEALS. RV 1/80 .J FORM NO. 3 TOWN OF SOUTIIOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTIIOLD, N.Y. N~ -919~ NOTICE OF DISAPPROVAL ' J ' ' ............ "~'~'" 't .... at ' Ho~ No. ' ' ....... /'~'' ~i~~ ................ C.~.~.~.. co=.,~.= ~,=~ ~o. ,000 ~.o. ~ ..... ~,o=~ ~ .... ~'~"* .... - ...... Lot ~< .... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the followin- oroun~ //~ ~' ' ~ ~ ~ 'd . ... ~ ~. ' ....... :..~/~. ~ ~. 7.~...~ ~z~.~C~ ..~..~~ .~ ...... ~ ..... .. . ~ .' ... .~.~ .... :.~ ..... ~~~~.'~:~' ..... ~~...~..~/~~..~ ....... ~.:.., ..... " : Building Inspec~r '' RV 1/80 FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1802 .E^Ur ......... SETS OF PLANS ...... . .... SURVEY ................... CIIECK t;OTl FY 19~V' CALL · ' ' HAIL Approved ................. 19 ...~permit No ............ · //, (BuildinoXnspecto;) INSTRU~FIONS a, This application must be completely filled in by typewriter or in ink an'd submitted to the Building Inspector, with 3 ets of plans, accurate plot plan to scale. Fee according to schedule, b, Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public st?eets ~r areas, and giving a detailed description of layout of property mugt be drawn on the diagram which is pall of this appli- ation. c. The work covered by this application may not be commenced before issuance of Building Permit. . d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit hall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy hall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the ;uilding Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or '.egulations, for'the construction of buildings, additions or alterations, or for removal or demolition, as herein described. 'he applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to :fruit authorized inspectOrs on premises and in building for necessary inspections. ~)~ . . . . _ .... .... (Signature of applicant, or name, if a corporation) .. .... .... z. .'... (Mailing address of~pplicant) ' ' tare whether applicant is owner, lessee, agent, architect, engineer, gencrai 'contractor, electrician, plumber or builder. :amc of owner of premises . ~ , . (as on the tax roll or latest deed) 'applicant is a corporation, signature of duly authorized officer. : (Name and title of corporate officer) Builder's License No .......................... Plumber's License No. Electrician's License No ....................... Other Trade's License No. of land on which proposed work Location will be done ........ Itouse Number ......... ' ....... · : .................. Street Hamlet r '" County Tax Map No. ,000 Scc,o Block ... ....... :... .... Subdivision ........ . ............................ . Filed Map No. (Name) .............. Lot ............... State ex/sting use and occupancy of premises and intended use and occupancy of proposed construction} a. Existing Use and occupancy . . . . .~. ~.r~2 .~. b. Intended use and occupancy ..................... .............. ................................. · 3. ~Nature of work (check wh pPlicable): New Buildin~ . · · · Addition ' . . ' " t~epair ............. Remov 1 .. . ........... A/tern 'O~/~"O~t~. ~,~,//. ~',,'f~ ~'-7~.~-'~ ..... ~. Demolition · Or"'"' · non,~.., 4. Estimated Cost ~j.O~O ~ . . ~ . ,~, ..... ' ' ................ tuescripti( 5. ' (to b'e pd, d'on filin~'t~is · If dwelling, number of dwelling units ..... : ......... Number of dwe ling Units on each floor. 6. Ifgara. ge, number of.cars ... .............. ........ . ................................. . .......... 7. If business, commercial or mixed o. ccup.a, ncy, specify nature and extent of.each type Of use ...... : ......... Dimensions of existing structures, If any. Front .............. Rear ............... ~H.eight ............... Number of Stories ... . Depth . ' ......... UUnensions of same structure with alterations or additions: Front .... Depth.., o' . - i " ........... ........ ," :: .... · ~ .' ..... , ~ ....... · ........... r~ear. Z~. ..... 8. Dimensions of entire new construct · font . . .Oi'9.r~ 3;~.... Rear ........ ~e~-:th .......... ·:.. Number of Stories ' · ..... Height .. " ..- 9. · ............ Number of Stories ......... Rear ..~.~.~.,. ........... Depth /.o,o ' 10. Dateofr. rchase ~q.-/q .............. l,. oO2 oru d!st.ct m premises are Owner ......... ' .... :: :.. :::::::: 12. proposea construction violate any zoning law, ordinance 'or re~ulatio'n: ..... '... .......... : 13. Will 10t be regraded ....... .. .................... Wil . 14. Name of Ow.ncr of premises ........ 1 ~excess fill be removed from premises: ......... Name of Architect .... ~ .... Addres~ : . ,,, , Yes ., ~_ - ............. sJ~ ............. rnone No ....... ............ . ~uuress ................ Phone No .... ~arne Ol contractor . . · · · 15.· Is this pro,,ert,, w~ ..... '0 ......~ ..... Address .. ,. . ,,~ .. ' ..... :.. · *If yes, Southold Town Tru~r~o ~tldal,.wetland? *Yes ........ u~ ~...o ........ ..... s rermlt may be required. ~,u ......... · ... PLOT DIAGRAM Locate clearly and distinctly all buildings, Whether existing or proposed, and. indicate all set-back dimensions frc property lines. Give street and block number or description according to deed, and show street names and indicate wheth /nterior or corner lot. . . STATE OF NEW YORK, COUNTy OF S.s .. -~'L~e~T .~... LU.C..~.. (Name of individual signing contracti ' ......... being duly sworn, deposes and says that he is the above named· - , applicant {eis th ' ~ qJ~ ~ 2.- " (Contractor, agent, corporate officer, etc.) ........... ,f said owner or owners, and is duly autfiorized to perform or have performed the said work and to make and file this pplication; that all statements contained in this application are true to the best of his knowledge and belief; and that the york will be performed in the manner set forth in the application filed therewith. . ;worn to before me this ..... day of ,~ c,~.¢~q %~ ............... ' ........... · ....19... · ~' :Otary Public ....... ,, v~:,.,.,.,< /"'~ ............. ~,,,o -,,~--~'J,.., ~,~. -~ ~ County . k&,-,,~.~ P,,,.,...,q~-.,. ~ Oc~N~,~ .... . ....... . ..... .:, , " ...... ;.... oc. o~h &~.mT, <~;,'-,~ C'o,.,-¢-%./ ................ Co"'~. C',-,~,*, ~,,¢-,,- x,~, ~?~-<F;-~.~.~.~ (Signature ofannlicanO FORM NO. 1 TOWN OF'SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 -/ / . TEL.: 765-1802 Approved Disapproved a/c .................. OBOARD OF HEALTH SURVEY ................... , CIIECK ............. ;. .~ .... SEPTIC FORtl .............. CALL /'IAIL a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. . b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. "c. The work covered by this application may not be commenced before issuance of Building Permit. ,.~ · d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit sh~all be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector APPLICATION IS Name of I If iPphcant is a corpomt ~ ~ilnat ': DAT~ R ~ ~/:~ .... ~ ........................................ ' . N~ BUILDING OEPA~ENT AT ' ' (Name and title of co.orate officer) 765-1802 9 A~ ~ 4 ~OR FOLLOWING INSPECTIONS: · Builder's ~cense No .......................... t. ~OUNDATION - ~O REQUIRED F~R POURED CONCRETE ~ ~]umber's License No .................... ..,.. ~ ~O[~GH. FRAMING ~ PLUMBING~ ~ Electrician's License No ..................... 4 FINAL - CONSTRUCTION ~ .~i : ~ ' ' ~ECOMPLETEFORC.O. .~,~' '}. Other Trade s L~cense No ......... ..... ' LL CONSTRUCTION SHA~ - ' .... ' ' ', .~ ~ :THE REGUflEMENTS ~ 1. Lo:a~noflandonwh,chproposedworkwilIbed0nc..I,..:...:.,... Subdivision ' Fi[cd M~p No Lot (Nan~c) . '.. State exi~[i,g use and occupanc7 of prcmi,c~ and in'tended usc and oc~upa~c7 ~[ proposed construction: Existi ~ us and occupan b I tended d ' . n usean occupancy ...................................... . ........... , ............. .... .. 3. Nature of work (check whicht~llica ..... ' ' * ~. ' . - Repair ~ ~ *lc): r~ew tmilding .......... tion .......... Alteration .... '.... ~ .' ...... ..- -,.-. Removal ............. D~molition ............... Other Work ...... 5. If dwelling, number of dwelling units (to be paid on filing this applicatioo) ............... Number of dwelling units on each floor .... If garage, number of cars .................................................................. 6. If business, Commercial or mixed occupancy, specify natnre and extent of each t ................ DImenmonsotexistmgstructures ifany Frout AtP ~ Rear /ot ypeofus¢ ,-, ., -'.;/' . . Height .'/.x..-/ ..... Number of Stories.... ,q. ....................................... . ......... ' I~ie~thnsi°ns °f same structure with alterati°us °r additi°ns: Fr°nt .~r/~J7 >r Rear ..................... Height .... ~ ................. Number of Stories ................ 8. Dimensions of entire new constmetinn, g'rn ~ ............ n ....... -5 ........ Rear Height ............ ;.....Number of Stories ...... ' .............. Depth:2;" }~! ~ ' ' · 9. Size.fl.t: Front . ../"PCO ................ Rear ...Z.,~.o. .......... Denth /,~o ' I0. Date of Purchase . /..~7~. . ~ ....................... ............ ......... Name of Former Owner 11. Zone or Use district in Which premises are situated..~.,~.~_,,¢//.-~. ' ........................... 12. · ........ Does proposed Construction violate any zoning law, ordinance or regulation: . ' ................ 13. ',gill lot be regraded ........ - ...................... 14. Name of Owner of premises .. ' ..... 7 ............. Will excess fill be removed from premises: ' Yes ~c Name of Architect .................. Address ................... Phone No .......... -- ........................... Address ................ Phone No. Name of Contractor ........... · · · ' · .............. ............ :'... Address ........ Phone 15. Is thi~.i~roperty within 300 feet of a tidal wetland* ,v ' ........ . ~ ............... · ~es ........ No..~ ... yes. Southold Town Trustees Permit may be required. .... PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or comer lot. ..... ~~' ~ '~ ..................... being duly sworn, deposes and says that he is the applicant (Name of individual signing con tract) above named. Heixthe ................ ~ .. (Contractor, agent, Corporate officer, etc.) ............... of said owner or Owners, and is duly authorized to perform or have perfo~ed the'said work and to In~e and file this application; that all statements contained ~ this application are true to the best of his ~OWledge and belief; a~d that the work w~l be perfo~ed in the manner set forth in the application filed therewith. ~wom to before me this ~ . TOWN OF SOUTHOLD, NEM/ YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. q DATE November 7, 1994 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Elbert E. Luce, Jr. _, 944 Youngs Road I, (We) ............................................ o, .................................................. Name of Appellant Street and Number ......................... Q.~..~.D.~ ............................................................... hT.,.~- ........... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON 22132 Z and APPLICATION FOR PERMIT NO...u.~,,q.,t~....b..e..~.e...d. ........... DATED ~ November 7, 1994 WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) (x) ( ) Elbert E. Luce, Jr. Name of Applicant for permit of 944 Youngs Road Orient N.Y. Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY 944 Youngs ..R.o~d, Orient, N.Y. R-80 Street /Hamlet / Use District on Zoning Mop Elbert E. Luce, dr., District 1000 Section 18 Block2 Lot!'1 A . .................... 2,.~urrent Owner and Carole Lute Map No. 'Lot No. Prior Owner Edna R. A~qell (1974) 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Da not quote the Ordinance.) Article ]-IZ Section 100-33 and 100-244 (100-32) 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (x) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. LaWs Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal ~ (has not) been made with respect to this decision Of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for o variance crud was made in Appea! No ................................. Dated ............................. , ........................................ REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (x) A Variance to the Zoning Ordinance ( ) is requested for the reason that an accessory shed "side" yard area' rather than in the rear yard, attached to the house has 33' cl.earance to the the presently required 50' clearance. located in what is considered and the' existing rear deck rear lot line instead of (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- saw HARDSHIP because the configuration and location of the premises made it impossible to construct either the accessory shed or rear deck except as e~ch was constructed. Both have existed in their present locations for some period of time and have caused no difficulties for the neighborhood. Disapproval of this application would require removal of additions which add substantially to the liveability of the premises and whose placement does not in any way detract from the appearance of the residence or thwart the overall enforcement of zoning laws in the Town of Southold. 2. The hardship creotedis UNIQUEandisnotshared by all propeffies alike in the immediate vicinity ofthis property and in this use district because when the main residence was con- structed it was squeezed into the southerly portion of the existing lot leaving little room for rear yard additions. To ease this problem, the applicant purchased an additional parcel of land to the East and North of the original.lot~ but such purchase increased the assembled square footage to 21,188 which in turn increased the rear yard setback fOotage from 35' to 50'. As it now stands, the rear deck is 33' from the rear property line and the shed is 35' feet from the rear lot line and approximately 65' from the side lot line. It'should'als~ be no'ed that the rear 'lot line abuts property of the Oysterponds.School District which is open land~ therefore the minimal incursion of the existing rear deck into the required rear yard area has little~ if any, impact upon the neighboring property. .' 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE Dl~lKICTbecause all lo~s in the area are below standard size according to current Southold Town Zoning. Most of the logs have been improved and the homeowners have attempted' to maximize their use of the available land. This applicant has attempted to increase the size of his property by purchasing the land between his original lot and the Oysterponds School as well as the land between his original lot and his neighbor to the North. Even with such additions, the new Town of Southold setback require- ments can not be met, but applicant's rear deck and accessory sh~d are in keeping with the character of the community and do not detract from the appearance of the area. STATE OF NEW YORK ) COUNTY OF SUFFOLK ) Signat~.~e ' ........ · 7th Swom~ th,s .............................................. day of .............. November 1994 / Notary Public EDWARD JOHN 8OYD 5th N6TAR¥ pUBLIC, State of New Yorl~ i~!o. 0376,525, Suffolk Count~ / ?~'~ T~~T:~,~ OF SOUTHOLD P~OPERTY RECORD CARD OWNER ST~, g4ff VIL~GE DISTRICT SUB. LOT FO~ER OWNER ~, N~ ] ' E : ,h · RES. d/~ S~S. VL. FARM CaMM ND. CB MISC. ~st. Mkt. Val~e AGE NEW Farm Tillable 1. Tillable 2 Tillable, 3 Woodland Swampland NOP, A4AL Acre BUILDING CONDITION BELOW Value Per Acre ABOVE FRONTAGE ON WATER Value FRONTAGE ON ROAD BULKHEAD DOCK Garage nsion nsion ~ aa, I ~ Z Ext. Walls ~ S B·r Interior Finish nsion Fire Place ~ Heat ~ ~ q2 : ~2 ~ ~ Porch Roof T~e Porch Rooms 1st Floor Patio Rooms 2nd Floor zeway I'~/kP OF PIZOPEETY ELBE._ ET E.. LLE;E J'E'._ _ ~ :. __ ~:'CAEOL L~, E TOWN OF ~TMO, LD~ ~,Y. 5C~LE- ~', C BOARD OF APPEALS:TOWN OF SOUTHOLD In the Matter of the Application of ELBERT E. LUCE, JR. NOV 2 CONFIRMATION OF POSTING I, Elbert E. Luce, Jr. , residing at 944 Youngs Road, Orient. N~_w vn~k , and being duly sworn, depose and say: That on the/~ day of November, 1994, I personally posted the property known as "944 Youngs Road, Orient, NY" b_.y placing the Town's official poster notice on facing the road side of the property, and that the poster has remained in place at least seven days prior to the date of the first public hearing. Dated: November~.~ , 1994. ( signature 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 November 16, 1994 Edward John Boyd V, Esq. Main Read Southold, NY 11971 Re: Appeal No. 4285 - Elbert E. Luce, Jr. (Variance) Dear Mr. Boyd: Please find enclosed a copy of the Legal Notice published by our office in the Long Island Traveler-Watchman, Inc. and Suffolk Times newspapers, which shows that the hearing is being held on Wednesday, December 7, 1994 at the Southold Town Hall at the time noted therein. Also, you will find enclosed a Poster Notice which must be placed either on'a stake and located in the front yard (road side) of your client's property, or placed on the front of your client's dwelling structure where it can be easily seen from the road. The poster must be conspicuously located at this time since the Board Members are planning to visit your area within the next several days. Please complete the attached Confirmation of Posting, sign, and return it to our office for our update and permanent file. Very truly yours, Enclosures Linda Kowalski, Clerk Beard of Appeals BOARD OF APPEALS:TOWN OF SOUTHOLD In the Matter of the Application of ELBERT Eo LUCE, JR. CONFIRMATION OF POSTING I, ~, residing at and being duly sworn, depose and say: That on the day of November, 1994, I personally posted the property known as "944 Youngs Road, Orient, NY" by placing the Town's official poster notice on facing the road side of the property, and that the poster has remained in place at ]east seven days prior to the date of the first public hearing. Dated: November , 1994. (signature) NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held. by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Ma~n Road, Southold, New York, concerning this property. OWNER(S) OF RECORD: DATE OF PUBLIC HEARING: If you have an interest in thlJ project, you are invited to view the Town file(s) which are available for inspection prior to the day of the hearing during normal business days between the hours of 8 a.m. and 4 p.m. BOARD OF APPEALS · TOWN OF SOUTHOLD ° (516) 765-1809 APPEALS BOARD MEMBERS Gerard P. Goehdnger, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OFSOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 November 17, 1994 Edward John Boyd V, Esq. Main Road Southold, NY 11971 Re: Appl. No. 4285 - Elbert E. Luee, Jr. (Variances) Dear Mr. Boyd: Please find attached a copy of the corrected Legal Notice, which was sent to the local newspapers for publication on Wednesday, November 23rd. Thank you. Very truly yours, Linda Kowalski Enclosure APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 December 9, 1994 Edward John Boyd V, Esq. MAin Road Southold, NY 11971 Re: Appl. No. 4285 - Elbert E. Luce, Jr. (Variances) Dear Mr. Boyd: Please find enclosed a copy of the determination rendered by the Board of Appeals at our December 7, 1994 Regular Meeting and filed today with the Town Clerk's Office concerning the above-noted variance application. A copy of this determination has also been furnished to the Southold Town Building Department pertaining to your pending building permit application request. However, it will be necessary for you (or the owner) to contact the Building Department (765-1802) to be sure your application request is returned to their re-activation rack. If you have any questions, please feel free to call. Very truly yours, lk Enclosure Copies of Decision to: Building Department Linda Kowalski APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS DATE OF ACTION: December 7~ 1994 APPL. #4285. APPLICANT: ELBERT E. LUCE~ JR. (Edward J. Boyd V, Esq.) LOCATION OF PROPERTY: Private Right-of-way off the easterly side of Youngs Road~ Orient. COUNTY TAX MAP DISTRICT 1000, SECTION 18, BLOCK 2, LOT 14. BASIS OF APPEAL: Two separate Notices of Disapproval issued by the Building Inspector~ each dated November 7 ~ 1994: "Accessory building~ as built~ shah be located in the required rear yard/' and "deck addition, as built, with insufficient rear yard setback." PROVISIONS APPEALED FROM: Article III~ Sections 100-32 and 100-33. RELIEF REQUESTED: 10' x 12' accessory shed located previously in the rear yard, and now situated in a side yard, 35'9" from the southerly property line and more than 60 feet to the easterly side property lille. Subject deck addition is shown 33 feet from the roar property line instead of the requirod 35 feet. MOTION MADE BY: Richard C. Wilton, Member SECONDED BY: Serge Doyen, Jr., Member ACTION/RESOLUTION ADOPTED: Granted side yard location of 10' x 12' accessory shed~ as built~ and granted open deck addition with a rear yard setback of 33 feet~ as located~ and all as shown on survey dated November 2 ~ 1994 preparod by Roderick VanTuyl ~ P.C. REASONS/FINDINGS: Prior to location of deck, accessory shed was located in a required rear yard. Amount of deck subject to variance consideration is two feet. The variance is not unreasonable and is minimal, under the circumstances. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member James Dinizio, Jr., Member Robert A. Villa, Member Richard A. Wilton, Member Gerard P. Goehringer, Chairman-Member This resolution was unanimously adopted..~' --~.--~ ~.~ lk - GERARD P. GOEHR~NGER, CHAIRM~N Page 36 - Hearing Transcript Regular Meeting of December 7, 1994 Southold Town Board of Appeals MR. CHAIRMAN: I'm just going to ask a question. Is there anybody else who would like to speak in favor of this application? Anybody like to speak against tile application.? Hearing no further comment, you have any other questions gentlemen? OK. I'll make a motion closing the hearing reserving decision until later. MEMBER VILLA: Second. MR. CHAIRMAN: MEMBER: Aye. All in favor? 8:27 P.M. - Application No. 4285 ELBERT E. LUC~. MR. CHAIRMAN: Request for a Variance under Article III, Section 100-33, based upon the November 7, 1994 Notices of Disapproval issued by the Building Inspector for permission to construct (1) rear yard setback. extending 332.51 feet #944), Orient, N.Y.; accessory storage building (shed) in an area other than the required rear yard, and (2) deck addition as built which has an insufficient Location of Property: Private Right-of-way off the easterly side of Youngs Road, (House County Tax Map Parcel No. 1000-18-2-14. Subject premises contains a total lot area of 21,188 sq. ft. and is located in all R-80 Residential Zone District. I have a copy of the survey dated November 2, 1994, indicating the attachment and the deck and the present location of of the shed in the side yard and I have a copy of the Suffolk County Tax Map indicating this and Page 37 - Hearing Transcript Regular Meeting of December 7, 1994 Southold Town Board of Appeals surrounding properties in the area. be heard concerning this? ED BOYD: Good evening. MR. CHAIRMAN: How are you tonight Sir? ED BOYD: I'm here to answer any questions, Mr. well. MR. CHAIRMAN: Oh! Good. Can we grill you? ED BOYD: Absolutely. Is there somebody that like to Luce is here as and the Oyster other side. MR. CHAIRMAN: any .... ED BOYD: Pond School and also the piece that goes on the Does the shed contain any utility? Any electricity, Nothing, nothing, no street, no electricity, nothing like that. It's a storage type of thing. MR. CHAIRMAN: I don't have the size of the shed, Ed. the application Mr. & Mrs. Luce purchased an L shape piece of property that goes to the north and east of the existing ( ), extend the square footage of their lot, that purchase was just recent. They picked up the little door that went between their loft MR. CHAIRMAN: It's my understanding that both the shed and the deck are existing. ED BOYD: Correct. It has been for some considerable period of time. MR. CHAIRMAN: The deck is approximately 33 feet from the property line which is in the rear. ED BOYD: It is now and the new property line as you can see from Page 38 - Hearing ranscript Regular Meeting of December 7, 1994 Southold Town Board of Appeals lets see, do any Members of ED BOYD: 10 x 12. MR. CHAIRMAN: Thank you. Alright, the Board have any questions of counsel? MEMBERS: No. MR. CHAIRMAN: Anybody have any particular problems with the application? MEMBERS: No. MR. CHAIRMAN: MEMBER VILLA: MR. CHAIRMAN: MEMBERS: Aye. ED BOYD: Thank you very much. MR. CHAIRMAN: Have a lovely evening. Anybody like to make a motion? I'll make a motion that it be approved as it exists. All in favor? 8:30 P.M. Application No. 4257 OSPREY DOMINION CO. and FREDERICK KOEHLER~ JR. Mt{. CHAIRMAN: This is a carry over appeal from a prior meeting. This is an application requesting a Special Exception for approval of a new winery establishment in two existing farm buildings for the production and sale of wine produced from grapes primarily grown on the existing Vineyard, and Winery Establishment proposed at 44075 Main Road (State Route 25), Peconic, N.Y.; County Tax Map Parcel No. 1000-75-1-20. The entire premises contains 50.8 acres located in .,A~_OTICE OF PUBLIC NOTICE IS HEREBY VEN, pursuant to S6ction 7 of the Town Law'and the ~de of th6 Town'6f Southold, tt the following public hear- gs will be held by the .uth - al~s at the Southold Town i° all, 53095 Main Road, uthold, New York 11971, on D E B 1994. commencing at the acs specified below: 1. 7:35 p.m. Appl. No. :84- THOMAS & ELIZA- ~TH THOMPSON. Request r a Variance under A~icle III, :ction 100-33 for permission// locate an accessory garage tilding in the southerly side rd area, rather than the re- dred rear yard, at premises ~own as 2890 Bridge Lane, ~tchogue, NY; County Tax ap Parcel No. 1000-85-2-22. ]e subject premises is a sub- andard parcel in this A-C gricultural Conservation one District containing ap- 'oximately 41,585 sq. fi. in ,tal lot area. (Setback from 'operty lines, when located in yard area other than a rear mi, shall be determined by the oard of Appeals.) 2. 7:40 p.m. AppL No 4286- )EL AND MARGARET AUBER. Request for a Spe-~ al Exception under Article I, Section 100-31B(13) for ,-rmission to establish Winery se f6r the sale of Wine pro- uced from grape~/' primarily t~wii'on the existing Vineyard there the proposed Winery is ) be located, to wit: 45470 Cain Road, Southold, NY; '.ounty Tax Map Parcel Hq. 000-75-6-9.7 and 9.6 (enm- ined total: 30 acres). 3.7:45 p.m. Appl. NO 4283- ;AIL DESSIMOZ and ,IICHAEL RACZ. Request or Variances under Article III, ection 100-32 and Section 00-33C based upon the Oc- ~ber 21;79~4 Notice of Dis- .pb/~al:tssued b.y tbe ag Inspector for permission to: 1) change lot line resulting in reduction in the existing lot vidth on the westerly lot from .08.14 feet to 125 feet (Code) equirement is 175 feet in this t-80 Residential Zone Dis- icO, and (2) if the lot width · .dnetion is annroved tn locate yard area to the~i~st of the ex- isting single-f~ dwelling. Location of Pro"0Erty: Private right-of-way known as Hallock Lane and Private Road #10, which extends offthe noflh side of Sound Avenue,'Mattituck, NY (over and along lands of Charles Simmons and Edward d; Harbes); County Tax Map Par-/ eels Ho. 1000-112-1-3 and4. 4. 7:50 p.m. Appl. No. 4285- Request for a Variance under Article 11I, Section 100-33 and Section 100-32, based upon two separate November 7, 1994 Notices of Disapproval issued bythe Building laspec- .X tor for permission to construct / accessory storage building (shed) in an area other than the' required rear yard, and deck addition to dwelling, as built, which has an insufficient rear yard setback. Location of Prop- erty: Private Right-of-way ex- tending 332.51 feet offthe east- erly side of Youngs Road, , (House #944), Orient, NY;/ County Tax Map Parcel No~ 1000-18-2-14. Subject pre- mises contains a total lot area of 21,188 sq. ft. and ig located in an R-80 Residential Zone Dis~ict. · 5. 8:05 p.m. (Reconvened for continuation) Appl. No. 4257 OSPREY DOMIN1ON ,\~ CO. and FREDERICK:/ KOEHLER, JR. This is an apt plication requesting a Special Exception for.approval of a new winery establishment in two existing farm buildings for the production and sale of wine produced from grapes prima- rily grown on the Vineyard an_d Winery Establishment pro- posed at 44075 Main Road (State Route 25), Pec0nic, NY: County Tax Map Parcel No. 1000-75-1-20· The entire pre- mises contains 50:8 acres lo- cated in the Agrienltuml-Con- servation (A-C) Zone District. 6. 8:10 p.m. Appeal No. 4282- CURT W. MEYHOEFER/JOHN and DOREEN MAZZAFERRO $~ · Request for a Variance under ¢ Article III, Section 100-32 for approval of deck, as built, with a setback at less than the re- quired fifteen (15) fi~ setback from the northerly side prop- erty line, at premises known as 43475 Main Road, Peconic, NY: County Tax Map Parcel COUNTY OF SUFFOI,K STATE OF NEW YORK ss: F'atricia 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 ...................... ~ ....... weeks suc_c~ively, commencing on the ..~ ....... day.__ of . . . /./~< .q~.; .o~..~. ........ , !977.... _S_wo_~n to before me on this ......~..~. day of The Board of Appeals will a~ ~id time and place hear any and all p~rsons or representa- tives, desiring to be heard in the above 'mattem. Written corn- :. ments 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 any of the above files or would like to request more information; please do not besi- tate to call 765-1809 or visit our office. Dated: November 16,1994 BY ORDER OF THE SOUTHOLD TO~FN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIR- MAN By.' Linda Kowalski ! ×-! f/24/94(15'~ Notary Public BARBARA k SCHNEIDER NOTARY PUDLIC, State of No~ York No. 4806848 Qualified in Suffolk C~ Commission Expires NOTICE OF PUBLIC HEARINGS NOT[CE IS HEREBY GIVEN. pursuanl 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 Southokl Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, DECEMBER 7, 1994, commencing at the times specified below: I. 7:35 p.m. Appl. No. 4284 -- THOMAS and ELIZABETII THOMPSON. Request for a Variance under Anlcle IlL Section 100-33 for permission to locate an accessory garage building in the southerly side yard area, rather than the required year yard, at premises known as 2890 Bridge Lane, Cutchogue, N.Y; County Tax Map Parcel No. 1000-85-2-22. The subject premises is a substandard parcel in Ibis A-C Agricultural Conservation Zone Dislricl containing approximalcly 41,585 sq. fi. in Iotal lot area. (Setback from property lines, when located in a yard area other than a rear yard, shall be detci'Tnincd by the Board of Appeals.) 2. 7:40 p.m. AppL No. 4286 -- JOEL and MARGARET LAUBER. Request for a Special Exception under Article III, Section 100-31B(13) for permission lo establish Winery Use for the sale of wine produced from grapes primarily grown on the existing Vineyard where the proposed Winery is to be located, to wit: 45470 Main Road, Southold, N.Y.; Courtly Tax Map Parcel No. 1000-75-6-9.7 and 9.6 (combined total: 30 acres). 3. 7:45 p.m. Appl. No. 4283 -- GAlL DESSIMOZ and MICHAEL RACZ. Request for Variances under A~licle III, Section 100-32 and Seclion 100-33C, based upon the October 21, 1994 Notice of Disapproval issued by the Building [nspeclor for permission to: ti) change lot resulting in a reduc- tion in thc existing lot width on the westerly lot from 208.14 feet to 125 feet (Code requirement is 175 feet in this R-80 Residential Zone District), and (2) if the lot width reduction is approved, to locate accessory pool in the new side yard area to the west of the existing single-family dwelling. Location of Property: Private right-of- way known as HalloeK Lane an0 Private Road #10, which extends off the north side of Sound Avenue, Maid- tuck, NY (over and along lands of Charles Simmons and Edwards Had>es); County Tax Map Parcels No. 1000-112-1-3 and 4. 4. 7:50 p.m. Appl. No. 4285 -- ELBERT E. LUCE, JR. Request for a Variance under Article Ill, Section 100-33 and Section 100-32, based upon two separate November 7, 1994 Notices of Disapproval issued by the Building inspector for permission to construct accessory storage building (shed) in an area other than thc quired rear yard, and deck addition to dwelling, as built, which has an in- sufficienl rear yard setback. Location of Property: Private Right-of-way ex- tending 332.51 feet off the easterly side of Youngs Road, (House 0944), Orient, N.Y.; County Tax Map Parcel No. 1000~18-2-14. Subject premises contains a total lot area of 21,188 sq. ft. and is Iocaled in an R-80 Residen- Iial Zone District. 5. 8:05 p,m. (Reconvcned for con- tinuation) Appl. No. 4257 -- OS- PREY DOMINION CO. and FRED- ERICK KOEHLER, JR. This is an application requesting a Special Exception for approval of a new win- cry establishment in two existing farm buildings for the produclion and sale of wine produced from grapes primari- ly grown on the Vineyard and Winery Establishment proposed at 44075 Main Road (Stale Route 25), Peconic, N.Y.; County Tax map .Paree No. 1000-75- 1-20. The entire premises contains 50.8 acres located in the Agricullural- Conservation (A-C) Zone District. 6. 8:10 p.m. Appeal No. 4282 -- CURT W. MEYHOEFER/JOHN and DOREEN MAZZAFERRO. Request for a Variance under Article I.[IL Secti.on 100-32 for approval of STATE OF N~ YORK) ) ~S: COUNTY OF SUFFOLK ) ~of Mattltuck, in *aid Court.j, being duly ~worn, my~ that he/~he b Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Matfltuck, In the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly publi~.hed In said Newspaper once each week for~J_.~ weeks a~]~e~lvely, commetlic]ng on the ~ dry of CHRISTINA VOLINSKI Notary Public, State of New Yolk No, 5004884 ~x / rmc~pm uerK Qualified in Suffo k CouP/ {,~( L Commission Expires Novo~0er 2~, l~.r/T~' . . , I Notary Public dry of Iiit Tax Map Parcel No. 1000-85-2-2-22.. ~.~ subject promises is a substanI parce~ in this A-C Agricullu~~ Conservation Zone DialEct containing approximalely 41,585 sq. fi. in total lot area. (Setback from property lines, when Iocatad in a yard area other than a rear yard, shall be determined by the Board of Appeals.) 2. 7:40 p.m. AppL No. 4286 -- JOEL and MARGARET LAUBER. Request for a Special Exception under Article II1, Section 100-31 Rtl3) for permission to establish Winery Use for the sale of wine produced from grapes primarily grown on lhe existing Vineyard where the proposed Winery is lo be located, to wil: 45470 Main Road, Southold, N.Y.; County Tax Map Pan:el No. 1000-75-6-9.7 and 9.6 (combined Iolab 30 acres). 3. 7:45 p.m. Appl. No. 4283 -- GAlL DESSIMOZ and MICHAEL RACZ. Request for Variances under Article BI, Section 100-32 and Section 100-33C, based upon the October 21, 1994 Notice of Disapproval issued by thc Building Inspeclor for permission to: (1) change lot ~esulting in a reduc- lion in thc existing lot width on Ibc westerly lot from 208.14 feet lo 125 feet (Code requirement is 175 feel in Ibis R-80 Residential Zone Distriel), and (2) if the lot width reduction is approved, to locate accessory pool in the new aide yard area to the wes~ of the existing single-family dwelling. Location of Property: Private right-of- way known as I-lallocg ~.ane aaa Privtae Road gl0, which extends off the north side of Sound Avenue, Matti- tuck, NY (over and along lands of Charles Simmons and Edwards Harbes); Counly Tax Map Parcels No. [000-112-]-3 and 4. 4. 7:50 p.m. AppL No. 4285 -- ELBERT IL LUC£, JR. Request for a Variance under Article IlL Section 100-33 and Section 100-32, based upon Iwo saparata November 7, 1994 Notices of Disapproval issued by thc Building Inspector for permission to construct accessory storage building (shed) in an area other than lhe re- quired rear yard, and deck addition dwelling, as buill, which has an sufficient rear yard setback. Location of Property: Private Right-of-way ex- tending 332.51 feet off the easterly side of Youngs Road, (House #944), Orienl, N.Y.; County Tax Map Parcel No. 1000-18-2-14. Subject premises contains a total lot area of 21,188 sq. fl. and is located in an R-80 Residen- tial Zone Dislri¢l. 5. 8:05 p.m. (Reconvened for con- tinuation) Appl. No. 4257 -- OS- PREY DOMINION CO. and FRED- ERICK KOEHLER, JR. This is an application requesting a Special Exception for approval of a new win- e~' establishment in two existing farm buildings for lhe production and sale of wine produced from grapes primari- ly grown on the Vineyard and Winery Establishment proposed al 44075 Main Road (State Route 25), Peeonic, N.Y.; County Tax map Parcel No. 1000-75- 1-20. The entire premises contains 50.8 acres located in the Agricultural- Conservation (A-C) Zone Distr~ct. 6. 8:10 p.m. Appeal No. 4282 -- CURT W. MEYHOEFER/JOHN and DOREEN MAZZAFERRO. Request for a Variance under Article Ill, Section I00-32 for approval of deck, as built, with a selback at less than the required fifteen (15) ft. set- back from the northerly side property line, at premises known as 43475 Main Road, Peconic, N,Y.; County Tax Map Parcel No. 1000-75-1-18.1. The Board of Appeals will at said time and place hear any and all per- sons or representatives desiring to be heard in the above mallets. Written commenla may also be submilted prior to the conclusion of the subject hear- ing. Each heating will not start before the times designated above. If you wish to review any of the above files or would llke ID request more informa- tion, please do nh( hesitate to call 765- 1809 or visit our office. Dated: November 16, 1994. BY ORDER OFTHE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Eowalski 8159-1TN24 CHRISTINA VOLlt~ ~ Notary Public, State of New YOI~ PFIncipal Clerk No. 5004884 /% / Qualified in Suffo k County [..,,/( L Commission Expires November 23,19_/1./-T~. . . t Notary Public 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 G.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4285 Project/Applicants: County Tax Map No. Location of Project: Elbert E. Luce, Jr. 1000- 18-2-16.19 944 Young's Rd., Orient, Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 November 9, 1994 NY Relief Requested/Jurisdiction Before This Board in this Project: Locate accessory shed in area other then required rear yard end deck "as built" with insufficient rear yard setback This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 1990}. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)), this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, $outhold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. mo ~DITH T. TERRY TOWN CLERK Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS FROM: JUDITH T. TERRY, SOUTHOLD TOWN CLERK RE: ZONING APPEAL NO. ~-285 DATE: NOVEMBER 9, 199~ Transmitted is application for a variance submitted by EDWARD J. BOYD,V for ELBERT E. LUCE, JR. together with Notice to Adjacent Property Owners; Short Environmental Assessment Form; Zoning Board of Appeals questionnaire; Notice of Disapproval from the Building Department; together with survey and other relevant documents. Judith T. Terry Southold Town Clerk IPROJECT i.D. NUMBER 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Al:)plicant or Project sponsor) SEQR Elbert E. Lute, Jr., & Carole Luce N /A auni¢il3alltV Orient County Suffolk 944 Youngs Road (approximately 958 feet North of N.Y.S. Route 25) [] New [] Expansion ~] Modlflcaflonlaltetatlo. Maintenance of existing rear deck on residence with insufficient rear yard setback and maintenance of existing accessory shed in "side" yard area. AMOUNT DP LA D PFECTED: 1/2 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER F-XISTING LAND USE RESTRICTIONS? I'--IYes r~No IfNo. describe briefly Variance on setback requirements is being sought from Southold Town Zoning Board of Appeals. 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? t0. DOES ACTION INVOLVE A PERMIT APPROVAl OR FUNDING. NOW OR ULTIMATELY PROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL. 12. AS A RESULT OF PROPOSED ACT,ON WILL EXIST,NG PERMITIAPRROVAL REQUIRE MODIF,CATION? [] Yes [] No I CERTI~f THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Agolicantl$0on$or name: Elbert E. Luce, Jr. Da,,: 11/7/94 If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER I (Continued on reverse side) The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will be made by th~s board · before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FO~ I_NSTRUCTIONS: (a) In order ~o answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of th~ action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. (d) Environmental Assessmeht 1. Will pro~ect result in a large physical change to the project site or physically'alter more than 10 acres of land? Yes : X N0 2. Will there be a major change to any unique or %ink, ual land form on the site? Yes 3. Will project alter or have a large effect on an.existing body of water? 4. Will project have a potentially large impact on groundwater quality? Yes X No 5. Will project significantly effect drainage flow on adjacent sites? - Yes X No 6. Will project affect any threatened or endangered plant or animal species? Yes X No 7. Will project result in a major adverse effect on air quality? Yes X-No 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas .. known to be important to the community? Yes X No 9. Will project adversely impact any site or struct-' ute of historic, pre-historic, or paleontologi=al importance or any site designated as a critical envircamental area by a local.agency? Yes X NO 10. Will project have a m~jor effect on existing or future recreational opportunities? . Yes X No 11. Will project result in major traffic problems or cause a major effect to existing transportation · - ' systems? ~Yes X No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? ~Yes X NO Will project have any impact on public health or safety? 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent OVer a one-year period or have a major negative effect on the charact~ of the community or neighborhood? 15. Is there public controversy concerning the project? Representing: Elbert E. 'ZRA g/q5 ' - Yes ~No ___Yes X___No Yes X No Lute, Jr., & Carole Luce Date:__ll/7/94 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached.) Elbert E. Luce, Jr., & Carole Luce Owners B. Is the s~bject premises listed on the real estate market ~or sale. or being shown to prospective buyers? { } Yes {x } No. (~f ~ms, pl~e a~=-h ~oD!7 of "condit~,, of sale.) C. Are there any 'p~upo~als to ~Rn~e ~ ~lter land contours? { } Yes {x} No D. 1. Are there any areas which contain wetland grasses? no 2. Are the wetland areas shown on the map submitted with this application? N/A 3. Is the property bulkheaeed between the wetlands area and the upland building area? N/A 4. 'If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? .~/A E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? N/A (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fencas which e~t and are not ~hc~rn ~n the survey map that you submitting? _No If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? No If yes, please submit.a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner als~ own other land close to this parcel? ~No If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel One-fsmilv residential and proposed Use O~-~am~lv residential 3/87, 10/901k § 97-13 'B. WETLANDS § 97-13 TOWN ~ The Town of Southold. TRUSTEES -- The Board of Trustees of the Town of Sou~hold. [Added 6-.6-84 by L.L. No. 6-1984] W'ETI-MXFDS [Amended 8-26-76 by L.L. No. 2-19715; 3-215- A. I'IDAL WETLANDS: (1) All lands generally covered or int~rmitton~ly cov- ered with, or which border on. tidal waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five ($) feet, including but not limited to banks, bogs, salt marsh, swamps, meadows, fiats or ocher low lying' lands subject to tidal action; (2) All banks, bogs, meadows, fiats and tidal marsh subject to such tides and upon which grows or may grow some or any of the followin~, salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush. cattails, ground~el, marshmallow and (3) All land immediately~djacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75)'feet landward of the most land~vard edge of such a tidal wetland. FRESHWATER WETLANDS: (I) "Freshwater wetlands" as defined in Article 24. tlc 1, § 2,1-0107. Subdivisions l(a) to l(d) inclusive. of the Environmental Conservation Law of the State of New York: and (2) All land immediately adjacent to a "freshwater wet- !and.' as defined in Subsection B(1) and lying with- m seventy-five (75} feet la.dward of the most land- ward edgeofa fresnwaterw~tland. 9705 z.~.~.s~ CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT--THIS IhISTRUMENT SHOULD BE USED BY LAW~'ERS ONLY. THIS INDENTURE, made the //./T& da)' of May , nineteen hundred and seventy-four ~,,1~'1~ ~' BETWEEN EDNA R. ANGELL, residing at (no street number) Main Road, ~. Orient, New York, surviving ~enan~ bythe entirety ~'~ ~, o~ the first pa~, ~d / ELBERT E. LUCE, JR., and CAROLE ~UCE, his wife, bo~ residing at (no street number) Main Road, Orient, New York party of the second part, WITNF.~ETH, that the party of the first put, in consideration of Tm Dollars and other valuable couaideretio~ paid by the paziy of the second pa~, does hereby ~rant and release unto the puly of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings md improvement~ thereon ere~ situ~e, lying and being in the Village of Orient, Town of Southold, County of Suffolk and State of New York, and bounded and described as follows: BEGINNING at an iron pipe on the southeasterly line of a 20' right of way leading northeasterly from Youngs Avenue, said point of beginning being 50.35 feet northeasterly along said southeasterly line from the northerly corner of land conveyed by Edward W. Latham to Kenneth Newman, and Ibeing also about 332 feet northeasterly along said 20 foot right of way from Youngs Avenue; from said point of beginning running along said southeasterly line of said 20 foot right of way North o~ ol 30 East 150.0 feet to an iron pipe;.~ thence along land conveyed by Edward W. Latham to Lee, Soutb 30°20'40'' E I00.0 feet to an iron pipe; thence along land of the said Edward W. Latham two 9ourses, as follows: (1) South 52°31'30" West 150.0 feet to an iron pipe; thence (2) North 30020'40'' West 100.0 feet to the point of" beginning. Together with a right of Way. over sa~d 20 foot right of way from the northerly g,,_~orne? of the premises s0utfiwesterly about 482 feet to Youngs Avenue. SUBJECT to any state of facts an accurate survey might show, and to eovenantS;;~: easements, restrictions, agreements, reservations and zoning regulations of~.~j:~,: BEING AND INTENDED TO BE the same premises conveyed to M. Woodrow Angell and Edna R. Angel~, his wife, by deed made by Edward W. La/ham, dated October 21, 1958, x~corded in the Suffolk County Clerk's office in Liber 4552, page 167 on November 28, 1958. TOGETHER with all right, ti.t. le and tnt. ere_st, if any, of the party of the first past of, in and to ~my ~ ~ml roads ~buttln~ thc abov~descnbed premxses to the center lin.es thereof; T. OG~'T.I-IF..R with th~ ~uz, t~ma~s ~ and nil the estate and nghLs of the party of the first pan m ~ud to smd prcuuses; TO HAVE. AN.D T~. ,,'"'%e~ HOLD the premises herein granted unto the party o~ the second part, the heirs or su~q.~mrs nnd ~ngtm o! the pm~y of the second pa~ forever. AND the party of the first part covenants that the party of the first part has not done or suffered smything whereby the said premises lmve be~n encumbered in any way wlmtever, except ~s aforesaid. AND the party of the first part, '.m. compliance with Section 13 of the Lion I~w, .~.V.,'n*n~ that the laity.e/ the first part will receive the .conmderation for this conveyance ~nd will h~ the .l~t to receive .l~:h. elm~d- · 'eration as a trust fund to be applied first for the purpose of paying the. cost of the mapcovemeat ami ~ i~y the same first to the payment of the cost of the improvement before using ~ny past of the total of the ~ne for any other purpose. 'rim word "party" shall be constcoed as if it read "parties" whenever the sense of this indenture ~o requi~. I~ ~II:D/F2~ WHEREOF~ the party of the first part has duly executed this deed the d~y and year llrst above written. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 December 9, 1994 Edward John Boyd V, Esq. Main Road Southold, NY 11971 Re: Appl. No. 4285 - Elbert E. Luce, Jr. (Variances) Dear Mr. Boyd: Please find enclosed a copy of the determination rendered by the Board of Appeals at our December 7, 1994 Regular Meeting and filed today with the Town Clerk's Office concerning the above-noted variance application. A copy of this determination has also been furnished to the Southold Town Building Department pertaining to your pending building permit application request. However, it will be necessary for you (or the owner) to contact the Building Department (765-1802) to be sure your appHoation request is returned to their re-activation rack. If you have any questions, please feel free to eaU. Very truly yours, lk Enclosure Copies of Decision to: Building Department Linda Kowalski 'I 27 12.6A (c) 2 4 37.1 I.I A(c) 4 6 1.5A(c) 38 1.0 A(c) 2.OA( c ) I0 4 7 8 9 16.14 3.9A (C) :11 12 16e5 5 I.OA(c) 199' 147' 6 200' 8 5 18 9 zoo' 19 IZ'g ~ ~9,~' 16.8 478' 176' 12.9A(c) OYSTERPONDS UNION FREE SCHOOL DIST. IN ORIENT 302' CONGREGATIONAL CHURCH 1.6A(c) NEW YORK Z4 1.9A( c ) .25 (~ COUNTY OF SUFFOLK Real Pro!~erty Tax Service Agencyl~ R --80 R;200~, ' ' * JUDITH T. TERRY, TOWN CLERK RECEIPT Town of Southold Southold, New York 11971 A~/~ Phone: 516 - 765 -1801 D ~, I' FOR: ~ ~ CASH 52546 BOARD OIz APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of Elbert E. Luce· Jr. to the Board of Appeals of the Town of Southold TO: Kenneth M. Newman & Wf 10 Euston Road Garden City· NY 11530 John F. Kreppein & Wf 163-60 25th Avenue FlushinG, NY 11300 YOU AREtt-FREBY GIVEN NOTICE: NOTICE TO ADJACENT PROPERTY OWNER Edward W. Latham 31900 Main Road Orient, NY 11957 Oysterponds Union Free Schol Dist. Main Road Orient, NY 11957 l. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (~ (:l~Xiw.2Cyn~) (~ [ ~.~~ 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 944 Younqs Road~ Orient~ N.Y.· 11958 3. That the property which is the subject of such Petition is located in the following zoning district: 4 Thai b,~ such Petition, the undersigned will request the following relief: maintenance of existinq rear deck with insufficient setback from rear lot line and maintenance of existing accessory shed in "side" yard area. S. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Sect/on 100-33 and 100-244 [ ] 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 theSouthold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 7~5-1809. 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 yourreDresentative have the right to appear and be heard at such hearing. ~ Petitioner E1Der~ E~ Luce, Jr. Owners'Names: and Carol~ - ~-e Luce ~ Post Office Address 944 Youngs Road Orient ~ N.Y. 11958 Ie]. No. [ 516 ) 323-3503 [Copy of sketch or plan showing proposal to be attached for,~o?vt~]~q~ce purposes.] NAMI~ PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Z 760 491 362 Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail (See Reverse) I$~°neth H. Newman & WfI ~e' ~ton Road I and Z Co e ,arden ~l~y, NY 11530I Postage Certified Fee Special Del;very Fee Restricted Delivery Fee Retucn Receipt Showing to Whom &~tivered STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: Z 760 491 363 Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail (See Reverse) ~6~n F. Kreppein & Wf ~'~!~0 25th Avenue St n ZIP Code ~°/.~.'~{ ng, NY 11300 Postage Certified Fee Z 760 491 364 ,.Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail (See Reverse) Edward W. Latham 31900 Main Road 0,~tete end ZIP Code )r~ent, NY 11957 Postage Certified Fee SDeciaJ Delivery Fee Restlicted Delivery Fee Return Receipt Showing Edward John Boyd V , residin[ at Southold, New York , being duly sworn, deposes and says that on the 7th day of November ,19 94 ,,deponent mailed a true copy of the Notice set forth on there- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the add~tesses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southoid; that said Notices were mailed at the United States Post Of- fice at Southold ' that said Notices we~re~mailed to each of said persons by (certified) ~ mail. Sworn to before me this 7th d~f~T~. November ,19 ~ Notary Pubhc ~1~ IAuOoat 31, lg/z;' (This side does not have to be completed on form transmitted to adjoining property owners.)