Loading...
HomeMy WebLinkAbout4216 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. Jame~ Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS AND DETERMINATION Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appeal No. 4216 - Application of LIEB VINEYARD, INC. [Owner) requesting a variance under Article III, Section 100-33 of. the Southold Town Zoning Ordinance for pemission to locate swimmingpool and cabana structure, within a fence enclosure, situated in an area other than the required rear yard. Location of Property: 1~990 Oregon Road, Cutchogue, NY; County Tax Map Parcel No. 1000-8~-01-02 (now Lot ~.q and q.5). Zone District: "A-C" Agricultural-Conservation. WHEREAS. ufter due notice, a public hearing was held on March 2. 199q at which time all those who desired to be heard were heard and their testimony recorded; and WHEREAS. the Board has carefully considered all testimony and documentation submitted concerning this appli~[ion; and WHEREAS. with the premises areas; and Board Members have personally viewed and are familiar in question, its present zoning, and the surrounding WHEREAS. the Board made the following findings of fact: 1. The premises in question is located in the "A-C" Agricultural- Conservation Zone District and is referred to as District 1000. Section 8q. Block 01. Lot Nos. ~.q and q.S (previously Lot Ne. 2) on the Suffolk County Tax Maps. situate along the southerly side of Oregon Read. distant approximately 730 feet west of its intersection with Bridge Lane. Cutchegue. 2. The subject premises, as exists, centsins a total combined lot area of 21+- acres, four acres of which have been applied strictly to use of the main dwelling structure together with an accessory barn utilized as accessory living area for a family member and domestic servants - see prior ZBA conditions rendered January lq. 1993 under Appeal No. ~I~P~; the remaining 17.18 acres are under the Southold Town Development Rights Program which limits use of the land for farmland purposes as shown by deed at Liber 11630 page 758 dated May 13. 1993. P~ge 2'- AppI. No. 4216 Matter of LIEB VINEYARDS. INC. Decision Rendered March 2. 1994 3. Section 100-33 of the Zoning Code requires that all accessory buildings be located in the rear yard. except in the case of waterfront parcels. (The subject parcel is not waterfront. ) q. The relief sought by this application is a variance for approval of the proposed location, as modified, in the front yard area for an accessory swimmingpool and accessory cabana structure within a fence enclosure. For the record, a previous application and determination was rendered November 9. 1992 under Appl. No. 4132A for similar relief and similar location. 5. For the record, it is also noted that: (a) the size of the pool has been modified from 20' by qO' to 261 by (b} the size of the accessory cabana structure scales out to be approximately 12' by 18' and will be utilized strictly for storage and purposes incidental to use of the pool - not for future additional sleeping area or other residential-type use. (c! the height of the accessory cabana structure will not be greater than one-story; {d) all restrictions set forth at Section 100-31C and Section 100-33 shall apply, with the exception that the building will be permitted to be located in this front yard area. 6. In considering this application for a modified front yard location, the Board finds: a) the essential character of the neighborhood and district will not be adversely affected; the area surrounding the area of the pool is open land; bi the relief herein will not in turn be adverse to the safety, health, welfare of the neighborhood or community; c] the benefit sought by applicant is to locate the pool and accessory cabana structure partly in the front yard to the west and slightly northwest of the existing principal dwelling which cannot be achieved by a method feesible for the appellant to pursue, other than a variance; d] the variance will not have an edveree effect or impact on the physical or environmental conditions in the neighborhood or district; all other code requirements will be complied with as well as all other setback requirements and there is no impact or effect that would create an adverse environmental condition; P~ge 3 '- ~pph ~No. u,216 Matter of LiEB VINEYARDS. INC. Decision Rendered March 2. lgfl~ e) the relief requested is the minimum necessary and continues to preserve and protect the character of the neighborhood and the health, safety and welfare of the community; and f) the difficulty is self-created in that the principal dwelling was built as far to the rear of the lot as possible - leaving limited open "rear yard" area available for accessory buildings and structures while remaining distant from the established vineyard boundaries; g) in considering the above factors, the interests of justice will be served by granting the modification, infra. Accordingly. on motion by Member Dinizio. seconded by Chairman Goehringer. it was RESOLVED. to GRANT a modified variance as requested under Appl. No. ~216 for the front yard (and portion of the side yard) location of the proposed accessory swimmingpool and cabana structures, both entirely within the fence enclosure. PROVIDED the swimmingpool and related areas remain unroofed and the cabana structure remain accessory without conversion at any time to sleeping or habitable area. Vote of the Board: Ayes: Messrs. Goehringer. Dinizio. Villa and Wilton. (Member Doyen was absent due to poor weather conditions.) This resolution was duly adopted. GERARD P. GOEHI~INGER. ~AIRMAN Ik APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Ser~e Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOVFN 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 Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, MARCH 2, 1994, commencing at the times specified below: 1. 7:30 p.m. Appl. No. 4215 - GEORGE KRISS. A variance is requested from Article XXIV, Section 100-244B of the Southold Town Zoning Ordinance for permission to construct addition with reduced (southwesterly) sideyard setback, and reduced total sideyards at less than the required 25 ft. Location of Property: 420 Bayer Road, Mattituck, NY; County Tax Map Parcel No. 1000-139-3-21. The subject premises is a substandard lot containing less than 20,000 sq. ft. in area. 2. 7:35 p.m. Appl. No. 4216 LIEB VINEYARD, INC. A variance is requested from Article III, Section 100-33 of the Southold Town Zoning Ordinance for permission to locate swimmingpool~cabana structures, within a fence enclosure, situated in an area other than the required rear yard. Location P~ge 2 - Notice of rings Southold Town Board of Appeals Regular Meeting of March 2, 1994 of Property: 14990 Oregon Road, Cutchogue, NY; County Tax Map Parcel No. 1000-84-01-02 (now Lot ~4.4). Zone District: A-C. 3. 7:40 p.m. Appl. No. 4217 - THOMAS PULS and DONNA RICCO. A variance is requested from Article III, Section 100-33 for permission to locate swimmingpool with fence enclosure in an area other than the required rear yard. Location of Property: 1350 Eugene's Road, Cutchoque, 1000-97-6-1.2. Zone District: premises is a substandard lot. NY; County Tax Map Parcel No. R-80 Residential. The subject 4. 7:45 p.m. Appl. No. 4218 - JOHN E. STRIPP and JUDITH D. STRIPP. A variance is requested from Article III, Section 100-32 for permission to locate a new principal dwelling structure with a reduced front yard setback. Location of Property: Private Road off East End Road, Fishers Island, NY; County Tax Map Parcel No. 1000-7-2-9. Zone District: R-120 Residential. The subject premises is a substandard corner lot fronting on two private roads. 5. 7:50 p.m. Appl. No. 4219 - DIANE HARKOFF. A variance is requested from Article IX, Section 100-92 for permission to construct storage area, replacing walk-in cooler existing in rear yard. This project exceeds the maximum-permitted lot coverage requirement in this Hamlet-Business (HB) Zone P~ge 3 - Notice of ~arings Southold Town Board of Appeals Regular Meeting of March 2, 1994 District. Location of Property: 835 First Street, New Suffolk, NY; County Tax Map Parcel No. 1000-117-8-15. The subject premises is a substandard lot. 6. 8:00 p.m. Carryover from February 2, 1994 - Continued Hearing of Appl. No. 4213 - IRWIN and AGNES FRICK. Addition with reduced sideyard setback at 1935 Westview Drive, Mattituck, NY; County Tax Map District 1000, Section 107, Block 7, Lot 5. 7. 8:05 p.m. Carryover from February 2, 1994 - Continued Hearing of Appl. No. 4161 - BARBARA KUJAWSKI. Accessory Apartment use at 125 (Town House No.) Sound Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-120-1-2.2. 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: February 14, 1994. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski X FORM NO. 3 TOWN OF SOUTIIOLD BUILDING DEPART*lENT TO~,VN CLERK'S OFFICE SOUTIIOLD, N.Y. NOTICE OF DISAPPROVAL . ../,~,.'v,,.~ . . .~. ..y:. . ×/.~. ?/. ..... '". ....................... 19 for permit to ~'atSt~4q_¢~., .~., .t~[..~G.~y ~m~ ~~ at LocationofPropcrty .g~.~a..~~ ~h ~~... House No. ' .... ' ............. County Tax Map No. I000 Section ........... Block ...~ ........ Lot . .~ ........ Subdivision ................. Filed Map No ................. Lot No .................. is retu[ned herewith and disapproved on the following grounds ' 7' ' ......................... A~...~ ~ld ............ in~ Iaspector 'TOWN OF SOUTHOLD, NEW YO~K APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE ..... ~.e,b.~.u.~.z:.y...~..; 1 ? ? 4 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ~,~x GA STRANG/ ArchSte¢'l: for oF Main Road, POB 141~ Southold, NY L.'~.e~ Vz ¥~;~o~([Dl~'c~l~tJ.y SpeC~a¢le RzS'ge Street and Number Municipality S~°te THE ZONING BOARD OF APPEALS FROM THE DECISION Of THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( } ..C~x.~:.ezLzL..A.....~SzLz.an~.,~..Ar.C&,L~L~:L,,...£.~.~. L i e b V i n e y a r d ( f o r m e r 1 y Name of Applicant for permit Spectacle Ridge) of ...M,,qb.5..14.a.l.n...R~.c~d.,...-P.. O.....B.,,z,...l.4J.2.,...,,$.~.~Ah ~.k~.,...~.¥...... J..!.?.Z] ...... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PER~IT TO CONSTRUCT 1. LOCATION OF THE PROPERTY .1..~.?...~.fl (~.,t".~.g.~.n ~oad.., Cutchogue, NY . A-C Street /Hamlet / Use District on Zoning Map District 1000 Section 84 Blo,c_k. OI-OtO2.Current Owner Licb V£neyard Map No. 'Lot No. Prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III Section 100-33 3. 'FYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ~) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York T~wn Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (has) (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 [x~ request for a variance a~d was made in Appea! No.....4.1~,4. ................... Dated .~).g.O.U.Q;;..v....l.~.~...,].~..Y..3 ............................... 4132A 5eptembe~ 17, 1992 REASON FOR APPEAL 4 1 3 2 B . ( ) A Variance to Section 280A Subsection 3 (~x) ^ Variance to the Zoning Ordinance ( ) is requested for the reason that Octobe~ 23, 1792 F~rm (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties ar unneces- sawHARDSHIPbecause during the course of construct£on of the project, it became apparent that due to the lay of the land, stormwater runoff collects in the area oF the previously proposed pool location. This condition could seriously compromise the structural integrity of the pool. 2. The hardship createdis UNIQUE and isnotshared by all prope~ies alike in the immediate vicinity ofthisproperty and in this use district because the subject property is in excess of twenty (20) acres of which only two (2) will be developed w£th princlpa} bu~dln~ and accessory buildings. The development rights of the'remaining acreage are in the process, or have been sold, to the Town of Southold, thereby remaining undeveloped and open in perpetuity. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OFTHE DIs/ ~lCT because, the property is in excess of ~wenty (20) acres and 'there will be no residential develoPment' in cl. ose proximity to this accessory pool use. The proposed new location still Falls between the ~.rin¢ipal residence and the accessory barn building. STATE OF NEW YORK COUNTY OF SUFFOLK SS Signature Sworn to this .............. ~..t.h ......................... day of....E..~b.r, uc~.r.X .................................1994 BARB^RA ^. ~C)TAR¥ PUI~LIC State of ~w No, 4730095 ~alifi~ in Suffolk ~n~ ' RES ~ ' ~. ~ND IMP. TOTAL ~ATE REMARKS DISTRICT SUB. 'i CB. I MISC. LOT / ./: <b NEW NORMAL -~ .,, Farm Tillable I Tillable 2 Tillable 3 Wcodland Acre Value Per Acre Value 252.- Swampland Brushland House Plot Tctol /vi. Bldg.[ ! I Foundetion I Both Extension Besement Floors Extension Ext. Wells Interior Finish Extension " Fire Piece He~ Porch Attic Porch Rooms 1st Floor Breezeway Patio Rooms 2nd Floor Garage Driveway O. B, OWNER STREET VILLAGE DIST. SUB LOT ~ I TYPE OF BLD. PROP. CLASS I;Z°{- //DATE TILLABLE WOODLAND MEADOWLAND HOUSE/LOT TOTAL FRONTAGE ON ROAD DEPTH BULKHEAD zl~t7 ~:~e -qv'-/- ~-' "'TOWN' OF SOUTHOLD PROPERTY RECORD CARD "' AGE BUILDING CONDITION NEW Form illable 1 illable 2 illable, 3 /codland vampland rushland louse Plot 9 otol NORMAL Acre BELOW Value Per Acre ABOVE Value TOWN OF SOUTHOLO PROPERTY RECORD CARD OWNER ACR. REMARKS TYPE OF BLD. PROP. CLASS LAND ' IMP. TOTAL DATE SUB. LOT TOWN OF SOUTHOLD PROPERTY RECORD CARD . OWNER STREET 1,.~ q.~) ! VILLAGE DIST. SUB. LOT E ^ . S W ~PE OF BUILDING RES./~ ~ S~S. VL. FARM" CO~. CB. MICS. Mkt. Value tj ~ND IMP. TOTAL DATE REMARKS///1~1 ~/~ ~,~ ~ ~, ~ ~/~ ~, ~ ~ ~ ~1~ ~I ~p/,.zF~l ~ '' ' I' ~ ~ ' A.i/p ' ' ' ' W~l~nd FRONTAGE ON ROAD Me~ao~l~d DEPTH : ,.. House ~lot BULKH~D SPECTACLE RIDGE IN~. CCONTRACT VENDEE) ~ ..... , ...... ~~,~ O7o9 LAND OF SPECTACLE RZDGE,~NO · PUBLIC HEARING BOARD OF ZONING APPEALS Town of Southold March 2. 199L[ (7:30 p.m. Hearings Commenced) Present: HON. GERARD P. GOEHRINGER. Chairman JAMES DINIZIO. JR,. Member ROBERT A. VILLA. Member RICHARD C. WILTON. Member LAURY DOWD. Town Attorney LINDA KOWALSKI. Clerk-Assistant to Board Absent due to Major Snowstorm: Serge Doyen. Jr.. Member Southold Town Board of Appeals 2 March 2, 1994 Regular Meeting APPLICATIONS INDEX PUBLIC HEARINGS March 2, 1994 Paqes No. 4215 - No. 4216 - No. 4217 - No. 4218 - No. 4219 - No. 4213 - No. 4161 - GEORGE KRISS ............ 3- 7 LIEB VINEYARD, INC ......... 8-12 THOMAS PULS and DONNA RICCO ....... 23-18 JOHN E. STRIPP and JUDITH D. STRIPP .... 19 DIANE HARKOFF .......... 20-22 IRWIN and AGNES FRICK ......... 23-29 BARBARA KUJAWSKI ....... 30 Southold Town Board ~ppeals 8 March 2. Regular Meeting 7:35 p.m. AppI. No. 4216 - LIEB VINEYARD. INC. A variance is requested from Article III. Section 100-33 of the Southold Town Zoning Ordinance for permission to locate swimming pool and cabana within a fence enclosure, situated in an area other than the required rear yard. Location of Property: 14990 Oregon Road, Cutchogue~ NY; County Tax Map Parcel No, 1000-84-01-02 (now Lot #4.4). Zone District: A-C. The Chairman read the Legal Notice of Hearing for the record, and application. THE CHAIRMAN: I have a copy of the original survey that was before us of the 4.0709 acres, as we dealt with it when it came.before us for the other activity that we dealt with on this application, It was .again submitted by --surveyed by Smith & Young. dated August 24. 1992, The repositioning.of the swimming pool is northwesterly from the house, rather than somewhat parallel perpendicular to the original house which it was planned to be placed. Places it in the sideyard area. and I assume that is the reason why we are here; and a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. I have been down to the site --great spot--. Is someone here for the applicant? How are you tonight, sir? Appearance: Garrett 5trang. R.A.. for the Applicant. MR. STRANG: Yes. I am fine. thank you. Yourself? THE CHAIRMAN: Good, thank you, Just state your name. Garrett. for the record; Southold l'own Board Deals 9 March 2, Regular Meeting MR. STRANG: Garrett Strang. Architect. representing Lieb Vineyard in this application. As the Board is well aware, we did seek and were granted a variance about a year and a half or a year ago with respect to this pool and cabana. That was early on in the project when we were in the design phase. Since we have obviously moved beyond the design phase and are under construction and have had one of the harshest winters in recent memory, it became evident that our original proposed location of the pool was in an area which seems to collect runoff when the ground is frozen, and there is a fair amount of water that collects in that area. We thought this through and it became evident that we felt that maybe that wasn't the best location for the pool. In addition to that actually, there was a consideration that the way the house is oriented and the fact that the family have two young children, that if the pool were shifted to the location where we are presently proposing, it would allow the backyard play area for the children which would be readily visible from both areas of the house, living, dining and kitchen areas of the house. But that was secondary to the fact that the lay of the land was such that we felt that we may be compromising the structural integrity of the pool putting it in an area of pocket, so to speak, that collects water. We felt that the placement or new placement really was still within the spirit of the ordinance and the previously granted variances in that the accessory building is still further into the front yard area, if you will. than the pool and cabana will be; so that. as shown on the survey, this particular location does fall between the accessory building and the principal building on the site, so we haven't encroached, if you will, any further at all into the front yard area that was established when the accessory building was built. Southold Town Board Deals 10 March 2. Regular Meeting Other than that, I think the application is pretty straightforward, and will answer any questions the Board may have. THE CHAIRMAN: There is no intention at any time to actually enclose this and making a full structure around it, is there, to your knowledge? MR. STRANG: None at all. None at all. This is strictly a seasonal pool for summer use, and there is no intention to enclose it at all. THE CHAIRMAN: Okay. The actual elevation of the pool above grade at this particular time and the elevation of the decks, what would you say the total elevation would be? MR. STRANG: Well, the grade is going to be, the pool and the terrace around it, which will be a stone terrace, not a wooden deck but a stone terrace-- will be as close as practicable to grade, taking into consideration the lay of the land and the flow of surface waters when it rains and freezing conditions, but that we would necessarily take in the spoils from the excavation of the pool and spread them out around the pool area so it would be basically at grade and not necessarily elevated but adequately, say, for the scope of what we have found to be the standing water that collects on the property in storm conditions. THE CHAIRMAN: Okay. Gentlemen? Rich? MEMBER WILTON: The question was, I'm not really familiar with the land to the west. Were the development rights bought on that for Spectacle Ridge? MR. STRANG: Well, basically, Spectacle Ridge and Lieb Vineyard are the same entity. That was the previous name of the reorganized and the name at this time is Lieb Vineyard. Spectacle Ridge is no longer in existence. Southeld Town Board o~Jppeals 11 March 2. Regular Meeting MEMBER WILTON: Okay. but that property to the west --Did the Town buy the development rights on that? MR. STRANG: Yes. The Town has, as far as I know. they are either --I don't know if that has been completed to my knowledge-- I haven't really followed up on that. but I know that it was to occur. Whether it has been consummated or not. the Town was in contract to buy the development 'rights; but everything except four-acre-area that this development sits on or close to 4 acres, 160,000 feet. I believe. THE CHAIRMAN: MEMBER VILLA: Jim. Bob -- questions? I don't have too much of a problem with it. except I find that. you know, one of the reasons for it is the drainage is sort- of hard to buy when you look at the fact that. if you look at the elevations on the sidelines, which are over 500 feet long. and elevation is 102 on the front, on Oregon Road it is a hundred or ninety-nine point four. There is only like a two-foot difference in over 500 feet. It would mean. I would think that probably a lot of flooding is taking place because of construction problems more than anything else, I just find that argument a little hard to buy with that kind of terrain. MR, STRANG: The area shown in this map is not in entirety the entire vineyard, and the land rises as you go to the south and to the west, which --unfortunately. this is not a survey of the entire vineyard but only of the area that we are discussing; and one of the reasons that this area was developed on the site with a residential purpose was because of the fact that there was difficulty in 9rowing grape in that area. and it became obvious why that may occur -- that the Southold Town Board ot~ppeals 12 March 2, Regular Meetin9 water doesn't drain through as quickly as it does through other parts of the vineyard, MEMBER VILLA: There is going to be a cabana with this pool as wetl? MR. STI{ANG: A cabana with the pool. yes. as there was originally proposed with the former-location, THE CHAIRMAN: What is the cabana going to contain again. Gary? MI{, STRANG: The cabana will contain storage area. a convenience, toilet room, changing room. and pool-equipment area. THE CHAIRMAN: Okay. Let's see if there is anybody else in the audience. Thank you, Anybody else who would like to speak in favor of this application? (There was no response.~ THE CHAII{MAN: Anybody who would like to speak against the application? (There was no response,) THE CHAII{MAN: Seeing no further hands, any further comments from anyone? No. Hearing no further comments. I make a motion closing the hearing and reserving the decision until later, (Seconded and carried; see Clerk's Minutes.) THE CHAII{MAN: Thank you. Garrett, for coming in. Safe home, MR, STRANG: Thank you very much. Same to you, APPEALS BOARD MEMBEP, S Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOAHD OF APPEALS TOWN OF SOUTHOLD March 10, 1994 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mr. Garrett A. Strang, Architect P.O. Box lU,12 Southold, NY 11971-1412 Re: Appl. No. 4216 - Lieb Vineyard. Inc. Request to Re-Locate Pool and Cabana Dear Garrett: Enclosed please find a copy of the Board's Findings and Determination rendered at our March 2. 1994 Regula~ Meeting. Please be sure to return to the Building Department to complete your building permit application and obtain issuance of appropriate permits before commencing construction activities. We have furnished the Building Department Office with copies of this determination for their permanent recordkeeping. Please do not hesitate to call us if you have any questions. Very truly yours. Enclosure Copies of Decision to: Town Building Department Linda Kowalski. Clerk Board of Appeals APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman ~erge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Pachard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD February 14, 1994 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mr. Garrett A. Strang, Architect P.O. Box 1412 Southold, NY 11971-1412 Re: Appl. No. 4216 - Lieb Vineyard, Inc. Request to Re-Locate Pool and Cabana Dear Garrett: This letter will confirm receipt of the above application and confirm that Appeals Board Members will be individually viewing the site within the next several days. In the interim, please stake the outside perimeter of the pool at two corners and approximate location of the fence (also at two corners), if this has not already been done so. The public hearing on this application will be held at 7:35 p.m. on Wednesday, March 2, 1994 at the $outhold Town Hall, and it is recommended that you and/or your agent attend the hearing for questions by Board Members and possibly from interested neighbors or other persons. For your information and record, we enclose a copy of the Legal Notice as published by our office in the February 17, 1994 edition of the L.I. Traveler-Watchman, Inc. and Times-Review Newspapers. Very truly yours, Linda Kowalski Enclosure Clerk, Board of Appeals 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 thc SOUTHOLD TOWN BOARD OF APPEALS, at thc Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNES- DAY, MARCH 2, 1994, com- mencing at the timcs specified helow: 1. 7:30 p.m. AppL No. 4215 -- GF. ORGE KRISS. A ~afinnce is re- quested from Article XXIV, Section 100-244B of the Soutbold Town Zoning Ordinance for permission to construct addition with reduced (southwesterly) sideyard setback, and gpool and cabana stmcture~, ~fcnce enclosure, situated in an ~r than the required tear yard. Location of Properly: 14990 Oregon Road, ~utchogue, NY; County Tax Map Parcel No, 1000-844)1-02 (now Loll94.4). Zone District: A-C. 3. 7:40 p,m. Appl. No. 4217 ~_~,,~o THOMAS PULS and DONNA RICCO. A variance is requested from Article HI, Section 100-33 for pennis- sion to locate ,s~vimmingpool with fence enclosure tn an area other than thc required rear yard. Location of Property: 1350 Eugene's Road, Cutchogue, NY; County Tax Map Parcel No. 1000-97-6-1.2. Zone District: R-gO Residential. The subject premises is a substandard lot. 4. 7:45 p.m~ Appl. No. 4218 -- JOHN E~ FrRIPP and JUDITH D. ~TIHPP. A variance is ~exluested from Article Ill, Section 100-32 for permis- sion to locate a new principal dwelling structure with a reduced front yard sat-~ back. Location of Property= Private' Road off East End Road, Fishers Island, NY; County Tax Map Parcel~ No. 1000-%2-9. Zone District: R-12~ Residential. The subj~t premises is a substandard corner lot fronting on m~ private roads. 4219 5. 7:50 p.m. AppL No. DIANE HARKOFF. A variance is' requested from Article IX. Sectiol~- 100-92 for permission to conattuct storage area, replacing walk-in cool~. existing in rear yard. This project ex~ ceeds the maximum-permitted lot co,~ erage requirement in this Hamlet: STATE OF NEW YORK) ) SS: .rog'l_ OF S ~of Mattltuck, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK Weekly Newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is n printed copy, has been regular- ly published in said Newspaper once each week for ~_ weeks successively, commencing on the~q day of~ CHRISTINA VOUNSKI Olaw Public, State of New Yod( Princi -- No. 500~884 ~/- pal ~ era Qualified in Suffolk County d~ion Expues November 23,1~ ,// Business (HB) Zone Disuict. Locatio~ 1-2.2. of Property: 835 First Strant~ New - Thc Board of Appeals will at said Suffolk, NY; County Tax Map Parcel dine sod place bear any ami all persoan No. 1000-117-8-15. The subject --m're~vesdesiringto be heard premises is a substandard lot, 6. 8:00 p,m. Carryover from February 2. 1994 -- Continued Hearing of AppL No. 4213 -- IRWIN/ and AGNES FRICK. Addition wid~ reduced sideyard setback at 1935 Westview Drive, Mattituck, NY; County Tax Map Disnict 1000, Section 107, Block 7, Lot 5, 7. 8:05 p.m. Carryover from February 2. 1994 -- Continued Hearing of Appl. No. 4161 -- BAR- BARA KUJAWSKI. Accessory Apartment use at 125 (Town House No.) Sound Avenue, Mattltuck, NY; County Tax Map parcel No. 1000-120- in the above mattor~. Written com- ment~ may also he submitted prior to the conclusion of the subject heating. Each heating will not staff before times designated above. If you wish to review the files or need to request more information, please do not hesilate to call 765-1809 or visit our office. Dasd: Febnuw/14, 1994. BY O R DF~R OFTHE ~OUTHOLD TOWN BOARD ~,; '~ OF APPEALS '- ~ERARD P. GOEHRINGER I ~ CHAIRMAN ' f' - By Linde Kowaiski Page 3 f~ Regular Meeting o arch 2, 1994 Southold Town Board of Appeals Copies to the following 2/15/94: Times-Review Newspaper (fax transmission) L.I. Traveler-Watchman (fax transmission) Original Posted on Town Clerk Bulletin Board (in Lobby) Copies to: ZBA Members with copies of file documents Building Inspector's Office Planning Board Office Supervisor's Office Town Attorney's Office Applicants or Agents, as follow: Mr. and Mrs. George Kriss, 420 Bayer Road, Mattituck Mr. Garrrett Strang, R.A., Box 1412, Southold Re: Lieb Vineyard, Inc. Mr. Frank Cichanowicz, Briarcliff Landscape, Box 222, Peconic Re: Puls and Ricco Mrs. Diane Harkoff, Box 1269, Mattituck, NY 11952-1269 Stephen L. Ham III, Esq., 45 Hampton Rd, Southampton 11968 Re: John and Judith Stripp Mr. and Mrs. Irwin Frick, 2 Arlington Ct, Miller Place, 11764 Ms. Barbara Kujawski, P.O. Box 1113, Mattituck, NY 11952-1113 Mr. John Kujawski, P.O. Box 123, Laurel, NY 11948 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF ~ PUBLIC H EARI~C.~.~ NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the I 4. 7:45 p.m. Appl. No. 4218 - Code of the Town of [ JOHN E. STRIPP and Southold, that the following JUDITH D. STRIPP. A[ public hearings will be held by.i variance is requested from the SOUTHOLD TOWN, Article III, Section 100-32 for ~ permission to locate a new ', principai dwelling structure with a reduced front yard set- back. Location of prOperty: Private Road off East End Road, Fishers Island, NY; County Tax Map Parcel No. BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, MARCH 2, 1994, commencing at .the times specified below: 1.7:30 p.m. Appl. No. 4215 - GEORGE KRlSS. A variancg, is requested from Article XXIV, Section I00-244B of the Southold Town Zoning Ordinance for permission to construct addition with reduc- ed (southwesterly) sideyard setback, and reduced total sideyards at less than the re- quired 25 ft. Location of Pro- perty: 420 Bayer Road, Mat- tituck, NY; County Tax Map Parcel No. 1000-139-3-21. The subject premises is a substan- dard lot containing less than 20,000 sq. ft. in area. 2. 7'.'35 p.m. Appl. No. 4216- LIEB VINEYARD, INC. A variance is requested from Ar- ticle III, Section 100-33 of the Southold Town Zoning Or~ dinance for permission to locate swimming pool and cabana structures, within a fence enclosure, situated in an area other than the required rear yard. Location of Proper- ty: 14990 Oregon Road, Cut- chogue, N.Y.; County Tax Map Parcel No. 1000-84-01-02 (now Lot No. 4.4). zone District: 3. 7:40 p.m. Appl. No. 4217 - THOMAS PULS and DON- NA RICCO. A variance is re- quested from Article Ill, Sec- tion 100-33 for permission to locate swimming pool with 1000-7-2-9. Zone District: R-120 Residential. The subjecy premises is a substandard cor- ner lot fronting on two private roads. ' 5.7:50 p.m. Appl. No. 4219 - DIANE HARKOFF. A variance is requested from Ar- ticle IX, Section 100-92 for permission to construct storage area, replacing walk-in cooler existing in rear yard. This project exceeds the maximum-permitted lot coverage requirement in this Hamlet-Business (HB) zone District. Location of Proper- ty: 835 First Street, New Suf- folk, NY: County Tax Map Parcel No. 1000-117-8-15. The subject premises is a substan- dard lot. 6. 8:00 p.m. Carryover frofi~ February 2, 1994 - Continued Hearing of Appl. No. 4213 - IRWIN and AGNES FRICK. Addition with reduced sideyard setback at 1935 Westview Drive, Mattituck, NY; County Tax Map District 1000, Section 107, Block Lot 5. 7. 8:05 p.m. Carryover from February 2, 1994 - Continued Hearing of AppL No. 4161 - BARBARA KUJAWSKI. Ac- cessory Aprtment use at 125 (Town House Nb.) Sound .OUNTYOFSUFFOLK ss: ;TA'I'[:. OF NEW YORK Patricia Wood, being duly sworn, says that she is tile i:_ditor, ot~ THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and tl~at the notice of which the annexed is a i~rintetl copy, has been published in said I.ong Island 'l'raveler-Watchm,m once each week for. .................... ./. .... weeks :iuccessiv¢l¥, Commencing on the ...................... S',voll~ to befme me ibis ............ /~. ...... day of / Nolary Public B/~RBr~R,a, fi. $(;HNEIDER N01^RY PUBLIC, Sta,,'e 01 ~','e~v York l,lo. ~0C~346 at said time and place hear any Qcaiili0d in Sa~fclk County and all persons or represen- Commisa0n Expires tatives desiring to be heard in , the above matters. Written comments may also be sub- mitted prior to lhe 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: February 14, 1994. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER fence enclosure in an area Avenue, Mattituck, NY: Coun- . CHAIRMAN other than the required rear/:b ty Tax Map Parcel N~o. ,, 7,. '.' .By Linda Kowalski yard. Location of Pr6perty3~ : 1000-120-1-2.2. , 1350 Eugene's Road, Cut- )The Board of Appeals willto, chogue, NY; County Tax Map Parcel No. 1000-974,1.2. zone District: R-80 Residential. The subject premises is a substan- dard lot. ~ ~i :~-,, ·. . APPEALS BOARD MEMBEI~ Gerard E Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C: Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 February 10, 1994 S.E.Q.R.A. ~ZPE II ACTION DECLARATION Appeal No. 4216 Project/Applicants: Lieb Vineyard, Inc. County Tax Map No. 1000~ 84-1-2 (now Lot # 4.4) Location of Project: 14990 Oregon Road, Cutch0gue, NY Relief Requested/Jurisdiction Before This Board in this Pro'e t: Locate sw~mmingpool and cabana structures, within a fence e~c~osure, situated ~n an area other than the required rear yard This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. · Environmental Quality Review Act of the Environmental Conservation Law and Local Aaw #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 Tlrpe II classification as established by law. Further, this Department may not be an involved agency under SEQRA .{Section 617 13(a) as a~ended February 14, 1990}. ' Although this action is classified as T~pe II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)}, this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. mc JUDITH 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: FROM: DATE: RE: Zoning Board of Appeals Office of the Town Clerk February 10, 1994 ZONING APPEAL APPL. NO. 4216 - LIEB VINEYARD Transmitted herewith is ZONING APPEAL APPL NO. 4216 - I-IEB VINEYARD together with the Notice of Disapproval from the Building Department, the Notice to Adjacent Property Owners, the Short Environmental Assessment, the Zoning Board of Appeals' Questionnaire and a copy of the Survey Map of the Property. Judith T. Terry Southold Town Clerk PROJECT I.D. NUMBER 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only SEQR PART I--PROJECT INFORMATION (To be comoleted by Applicant or Project sl)onsor) Garret~ A, Stran~l~ Arch~te¢~ I Lieb V~neyard Mumc~,a,m, Southold c~.w SuffoZk SCTM #1000-84-0]-02 ]4~00~egon Road. Cutchogue~ New York 5outhsSde O~egon Rood~ approx~mate[y 720 feet west of B~dge Lane ~ Exmans~on ~ Modlflcatlon/alte~aliofl Construction o~ ~ccessory pool, ¢~bon=~ [e;rece Qnd ~ence 8. WILL PROPOSED ACT;ON COMPLY WITH ~ISTING ZONING OR OTHER ~ISTING ~ND USE RESTRICT[ONS? ~ Yes ~ NO II NO, aescribe ~riefly Var&anco requlred.fo= construction of above in ~=ontya~d area ~,siaeml. I ~ Industrial ~ Commemi. I ~ A;riculture ~ Par~ForesuOD~n space ~ ~outho[d Town Bu~ld~ng Depo~tmen~ ZBA Suffolk County Department of Health Services - septic & well g~,,thmld Town Buildlnq Permit t2. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ~ Y,, ~No I CERTIFY THAT THE iNFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE ApplicanllsDonsor name: ___(;~r t-~{- ~' A . $~cz'anq ~ Az'chlteot Date: ~'/C~/(~. If the 3ction is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceed~mg with th!s ass.~sment reverse I side) OVER 1 .(Continued on The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environ~lental review will be ~ade by this bnard before any action is taken. ~HORT ENVIRONMENTAL ASSESSMENT FO~! I~NSTRUCTIONS: (a) In order to answer the questions in this short EA~ it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the 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 Enviroru~ental Assessment Form is necessary. (c) If all questions have been answered No'it is likely that the ~ project is not significant. (d) Environmental Assessment 1. Will pro,eot result in a large physical change to the project site or physically'alter more than 10 acres of land? 2. Will there be a major change to any unique or ~n~ual land form on the site? Yes ~ NO 3. Will project alter or have a large effect on an.existing body of water? __Yes ~ NO 4. Will project have a potentially large impact on groundwater quality? __Yes ~ No 5. Will project significantly effect drainage flow on adjacent sites? 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 X known to be important to the community? Yes ~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 environmental 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 _xNo 13. Will project have any impact on public health or safety? ___Yes x No 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 Yes X No period or have a major negative effect or, the ~ ~ charact~of the community or neighborhood? i$. Is there public controversy concerning thc ~roject? ~ePr.~enting: ~ieb Vime¥ord(formerl¥ Spec%ucle Rid§e) ]'994 QUESTIC~;AIRE F. OR 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.) B. Is the subject premises listed on the real estate market ~or sale or being shown to prospective buyers? { } Yes C. Are there =~y/r~apo~als ~D ~nge ~ alter ~d { } Yes { ~ No D. 1. Are there any areas which contain wetland grasses? no 2. Are the wetland areas shown on the map submitted wi~h this application? ~ 3. Is the property bulkheaued between the wetlands area and the upland building area? na 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? no E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? no (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fencas which ew~t and are not ~hown on the survey map that you ar~ submitting? None If none exist, please State "none." · G. Do you have any construction taking place at this time concerning your premises? N9 If yes, please submit.a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other 'land close to this parcel? No If yes, please explain where or submit copies of deeds. I. Please list present use or operatiens conducted at this parcel Vineyard proposed use Vineyard w/Sin~le Family ~/~~"/~---'~ ~ February 9, Authorized Signacure and Dace - ad Reszaence and ~cc.essory 1994 3/87, 10/901k Str~cturee § 97-13 WETLANDS § 97-13 TOWN ~ The Town of Sou~hold. TI~.USTEES ~ The Board of Trustees of the Town of Sourhold. [Added 6,54/4 by L.L./qo. 6-19841 T'fE'~'.u.~.N'DS [Amended 8-26-76 by Lt'. No. 2-1976; 3-26- 85 b.v_I,~T. N~.6-191LSl: "[~",'~' ,')' mAL WETLANDS: (1) All lands generally covered or intermfl;tentiy coy- ered with. or which border on. tidal watem, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet. including hut not limited to banks, bogs. salt marsh, swamps, meadows, fiats or other Iow lying' lands subject to i;idal 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 following:, salt hay. black grass, saltworts, sea lavender, tall cord~russ, high bush, cattails, ground~eL max..h,~-qow a.ad law 'm~,'ch cordgr.,~ss; ~ (3) All Land immediately ndjacent to a tidal wetland as defined in Subsection Al2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. FRESHWATER WETLANDS: (I) esnwater wetlands" as defined in Article 24. Ti- tle 1. § 2-1-0107. Subdivisions l(a) to l(d) inclusive, of the Environmental Conservation Law of the State of New York: and (2)Ali land immediately adjacent to a"freshwater wet* la,~d," as defined in Subsection B(1) and lying ~vith- in ~eventy-five (75) feet landward of the meat land- - ward edge of a "freshwater wetland." 9705 s.=s.ss S 45'-15'-35" E ® t3.9735 Acres -- .- LANO OF THE SOCIETY FOR THE PROPOGATION OF THE FAITH ~ 5.895 V~,C. LAND 999.38' · r,. ~, $ .4Zo.35 '-55'" ,~ ,," ~403.'70 I 404.3; ~EXISTING TAX LI DEVELOPMENT RIGHTS TO BE ACQUIRED BY THE TONN OF SOUTHOLD APPgALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Rabert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOAPa) OF APPF_u~J~ TOWN OF SOUTHOLD BOARD FINDINGS AND DETERMINATION SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appeal No. 4144 - Application of SPECTACLE RIDGE, INC. for a Variance to the Zoning Ordinance, Article III, Section 100-3iA(i) for permission to establish second residential use in the proposed accessory barn building (located in the front yard area as per Appl. No. 4132A, decision rendered November 9, 1992) as living area for family member or quests and domestic servant {in one single unit}. Section 100-3IA(i) provides for single- family use, not exceeding one dwelling per lot. Location of Property: 14990 Oregon Road, Cutchogue; County Tax Map No. 1000-84-01-02. WHEREAS, after due notice, a public hearing was held on January 14, 1993, and those who desired to be heard were heard and their testimony recorded; WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, the current zoning of this property (A/C) and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The property in question is situated along the southerly side of Oregon Road, situate approximately 730 feet west of its intersection with Bridge Lane, Cutchogue, Town of Southold, as identified on the Suffolk County Tax Maps as District 1000, Section 84, Block 1, Lot 2. 2. This parcel contains a total acreage at this time of 19.07 acres; town assessment records show that it is improved with a barn building used solely for agricultural and farming purposes. 3. Pending with the Southold Town Planning Board is an application for an alteration of lot line which would confirm a proposed exchange of property of 1.78 acres (see survey map prepared by Smith & Jung, L.S. dated August 26, 1992) from Land of the Society for the Propagation of the Faith and ASIP to ~age 2 Appl. No~ ~144 Matter of SPECTACLE RIDGE, INC. Decision Rendered January 14, 1993 Spectacle Ridge, Inc. (the applicant herein). This 1.78-acre strip is shown to be 56 feet in width along oregon Road and extends in a southerly direction 1403.70 feet, and is to be merged with the 19.07+- acres of Spectacle Ridge, Inc. for a total land area of 20.8627 acres. 4. By this application, a variance is requested for permission to convert a proposed barn building, which is presently authorized for storage purposes accessory to the main residence, to a single-residential unit of 1700 sq. ft. of floor area for residency-occupancy by the property owner's brother, and possibly a domestic servant. 5. As part of this submission, the applicant has agreed to utilize and apply at least 80,000 sq. ft. of land for each of the two residential uses, for a minimum of 160,000 sq. ft. until such time that a conveyance would be proposed. If and when a conveyance is proposed in the future for either or both houses, an application to the Southold Town Planning Board, and other agencies, must be filed and finalized in accordance with the land regulations in effect at the time of the subdivision and conveyance of the land. 6. Also noted for the record is the fact that a public hearing is being held by the Southold Town Board concerning the acquisition of development rights (for land preservation) involving 17+- acres remaining out of the entire 20.8 acres, based upon the application before and recommendation of the Southold Town Land Preservation Committee. 7. The Bulk, Area and Parking regulations in effect at this time applicable to the Agricultural-Conservation Zone District does require a minimum land area of 80,000 sq. ft. for one principal dwelling (or other principal building/use). The applicant has indicated that there will be no conveyance proposed in the near future, and that the entire acreage will remain in the ownership of Spectacle Ridge, Inc. until such time as subdivision approvals have been applied for and received. 8. In consideration this application, the Board finds: (a) that the essential character of the neighborhood will not be undesirably affected since the amount of land area is and will remain at 20.86 acres - which is substantially in excess of the today's minimum requirement of 160,000 for two dwelling units - although a variance was required to permit more than one dwelling structure on a single 20.86-acre lot as surveyed August 26, 1992; Page 3 - Appl. No .144 Matter of SPECTACLE RIDGE, INC. Decision Rendered January 14, 1993 (b) that the relief requested to allow~a second dwelling on 20.8 acres will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; (c) that the relief requested will not be a substantial increase in the permitted single-family use density, or cause a substantial effect on available governmental facilities since the remaining 17.18 acres is proposed for land preservation, and dwelling unit expansion or other development on this property will necessitate subdivision approvals from the Southold Town Planning Board and other appropriate agencies; (d) although the difficulty is self-created, the relief requested is minimal and not unreasonable in light of the circumstances affecting this property and proposals of the owner as described herein; (e) that although the development rights of the property are being contemplated for acquisition by the Town of Southold at the recommendation of the Land Preservation Committee Meeting (and pending at this time - see Minutes of Town Board Public Hearing was held January 19, 1993), the entire acreage of 20.86 acres would include 3.6731 acres for the two dwelling units, and 17.1869 acres wouldbe available as the remaining acreage for acquisition in the land preservation program. (Please see survey prepared August 26, 1992 for the whole parcel to be in the ownership of Spectacle Ridge, Inc. amended.) as NOW, THEREFORE, on motion by Chairman Goehringer, seconded by Member Doyen, it was RESOLVED, that SPECTACLE RIDGE, INC. be granted a variance to allow two dwelling units on one 20.85-acre parcel, as shown on the August 26, 1992 survey prepared by Smith & Jung, L.S., SUBJECT TO THE FOLLOWING CONDITIONS: 1. That both dwelling units will not be conveyed separately or otherwise subdivided unless applications are filed with and approved (or waived in writing) by the Southold Town Planning Board in accordance with the Chapter 106 of the Code of the Town of Southold; and 2. That if a conveyance of land is proposed to separate the dwelling (or dwellings) from the land preserved for farmland if and when acquired by the Town of Southold, then the properties must conform to the lot size requirements of Chapter 100 (Zoning) of the Town of Southold which currently requires a ~age 4 - Appl. Nv ~144 Matter of SPECTACLE RIDGE, INC. Decision Rendered January 14, 1993 minim%~m amount of land area applied to each dwelling of 80,000 sq. ft., for a total of 160,000 sq. ft. for both dwellings); and 3. That a Declaration of Covenants and Restrictions be prepared in legal, recordable form and signed by the owner(s) and their attorney, for su]Dmission to Town (Zoning Board of Appeals), incorporating the above agreement and conditions which shall be forever binding upon the owner, subsequent owners, their successors and assigns, in perpetuity. After acceptance of this Declaration by the Chairman or as amended with the advice of the Town Attorney, a conformed copy of the original, after filing with the Suffolk County Clerk's Office, shall be furnished to the Board of Appeals for permanent recordkeeping purposes~ and 4. (See be]ow)* Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa and Wilton. This resolution was duly adopted. //~ERAPJD P. GOEHRING~R, CHAIR~ *4. N0rther]y (barn) bui]din§ shall be limited to permanent residency by family members (no unrelated residency), and residential use may not rented to transients, 0r be used for an inn, mote], or similar type of ]od§in§. *4:, " .... J I~) COUNTY OF SUFFOLK [ ..... $OUTHOLO ~' ~"'"':' / L.D. 44 -L- ---BRIDGE -- -- -- LA;- .... L---(50') 4*5 §,TA 404' 6°3 411' TOWN OF souTHOLD [DEVELOPMENT RIGHTS} B. ZA 1.2: 6e2/ 6.3, ,, 7 TOWN (~F SOUTHOLD (DEVELOPMENT 'l BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter o7 the Petition of : Ga/reft A. Strong_ ~Cnr I {~h Vlrleynrd:' (formerly to the Board of Anneals nf the Town of Southold ap.ectaCJ, e Ridge) TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board nf Appeals of the Town of Southold to request a (Variance) (.~p~(~xxc~0~p~a~(~e~t~x~r~r.x) [circle choice] 2. Thattheproperty whichisthesubiectofthePetitionisl~atedadiacenttoyourpropertyandisd~- cribedasfollows: ]499Q Oreqon Roo~ Cutcho~ue. ~ew Yore SuFfolk Count~ Tax Mop # 1000-84-01-0~ $outhside Oreqon Road. aooroximote~v 720~ wear o~ B££d~e Lone 3. That the property which is the subiect of such Petition is located in the following zoning district: A-C Aaricultrual Conservation 4 That h~ such Pe6tion, the undersigned will request the following relief: Permisaion to $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare Article III ~, sec~on 100-~3 [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way] 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and *here examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeah; 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:' February 9~ 1994 . . PetitionerGarrett A. Strong, Architect 0wne~s'Names:Lieb Vineyard Post Office Address 54655 Main Road~ P.O.Box 1412 ~ NY 11971 Tel. No. (516) 765 5455 [Copy of sketch or plan showing proposal to be aeea~,~t!;l~4~r convenience p u r p o s e s. ] ~..~o~'mouC.,;.., ~t,.~ _ MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE--POSTMASTER Received From: G.A.Strang, Ar%hi%ac% P,O. Box 1412 Sou%ho%d, NY 11971 One piece of ordinary mail addressed to: M£chae[ & Moria Demchak 157 New%own Road ~amp%on Bays, New York 11946 Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current fee. NOTICE ~-CE IPTS ,Cutchogue, NY 11935 iouthold, New York 11971 'Qyster Boy Cove, New York Form 3817, Mar. 1989 *u SDPO:1991-O-282-4O4/25747 rd,narv mait addressed to ~/~OLD~/~ ~ P /r~x~ I ~:~% ;PS Form 3817, Mar. 1989 wu S.GPO:1991-O-282-404/25747 ~ M/M w~[[~om Asap Bridge Lane Cll+rnng,,~, NY 11935 PS Form 3817, Mar. 1989 One piece of ordinary mail addressed to: Ms. Aanes D. McGunnlgl~ North Road $outhold, NY 11971 PS Form 3817, Mar. 1989 ~ u.s GPO:i g91 -o.282~404/25747 load, Hampton Bays, New York 11771 1194 STATE OF NEW YoRK ) COUNTY OF SUFFOLK) Garret% A. Strong ,residingat Main Road Mat ti tuck. New yore . being duly sworn, deposes and says that on the .~-~_*..~ day of F e b Ir u o r_v ,19 9 4 , deponent mailed a lrue copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses sol opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the.Town of $ou~hold: that said Notices were mailed at lhe United States Post Of- fice at Sou %hold ; that said Notices were mailed to each of said persons by Sworn to before me this ~ yT-,v day of Feh~ .... y .1~4 ' Notary Public /~ ': , - STRAND NOTARy Pt,~8~IC. State of New Yod[ No. 4730095 . ~?l!fied in Suffolk Ceu~ ,.o,~..,~, ~-~m ~"i~.~y (This side does not have to be complet'ed on form transmitted to adjoining property owners.)