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APPEALS BOARD MEMBERS Gerard lq. Goehringer, Chairman Ser~e Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 APPL. NO. 4219: Application of DIANE HARKOFF for a Variance under Article IX. Section 100-92 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. Loction of Property: 835 First Street. New Suffolk, NY; County Tax Map Parcel No. 1000-117-8-15. The subject premises is substantard as to lot size, At a Regular Meeting of the Zoning Board of Appeals held on March 2, 1994, the following action was taken: WHEREAS, after due notice, a public hearing was held on March 2. 1994, at which time all those individuals who desired to be heard were heard and their testimony recorded (see transcript of verbatim testimony prepared under separate cover and filed under the same date hereof); and WHEREAS, Board Members have carefully considered all testimony and documentation submitted concerning this application; and WHEREAS. Board Members have personally viewed and are familiar with the premises in question, its existing buildings and improvements, and the surrounding neighboring areas; and WHEREAS. the Board made the following Findings of Fact: 1. This is an appeal of the February 10. 1994 Notice of Disapproval issued by the Building Inspector based upon a building permit application to construct an addition at the rear of the existing Restaurant building, The reason given for the issuance of the February 10. 1994 Notice of Disapproval is that this proposed 12 ft. by 22 ft, storage addition exceeds the maximum-permitted lot coverage by 264 square feet (see further clarification at Paragraph 4, Page 2 hereof). 2. The premises which is the subject of this request is a described parcel of land referred to as "The Legend Restaurant" situated at 835 First Street. New Suffolk. The dimensions of this parcel and location of existing improvements are more particularly shown on the survey prepared by Harold F, Tranchon, Jr,, P,C, dated August 8. 1979. The walk-in cooler is 9.6 ft. by 13.6 ft, as exists, and will be replaced by the new addition of a size 12 Page 2 - Apph No. q219 Matter of DIANE HARKOFF Decision Rendered March 2. 199q ft. by 22 ft. The new addition is also proposed for inside storage of items {that are presently left outdoors). 3. For the record it is noted that there is a pending Building Permit issued October 7, 1993 for renovations within the existing footprint (see Permit No. 21696), and that the applicant acquired the premises on September 24, 1994. 4. The land area over which this additional lot coverage is requested pertains only to the squaring-off at the rear of the restaurant up to the existing party wall along the southerly (side) property line, while maintaining the existing nonconforming rear yard setback established at approximately 15 feet between the rear property line and the outside wall of the building. The existing walk-in cooler contains 130.56 square feet of lot coverage; the new addition will contain 264 square feet, for a difference of 133.q~ square feet. The amount of overall lot coverage, as exists, is substantial compared to the code limitation of 40% of the total 6,338 sq. ft. lot area, or 2,232 square feet. However, the amount of new area is realistically 133 square feet, which is minimal under the circumstances. 5. In considering this application, the Board also finds and determines: (a) that the difficulties claimed and applied to the land outweighs injury to the public; (b) that the relief requested is substantial in relation to the lot coverage requirement of the Zoning Code. however, it is not substantial in relation to the established lot coverage nonconformity; (c) that there is no alternative for appellant to pursue, other than a variance due to the nature and character of the land and surrounding lots in the immediate neighborhood; {d) the location of the new construction will not create a nuisance or injury to the public or interfere with nearby uses in this use district or adjacent use district; (e) the relief will not be adverse to the preservation and protection of the character of the neighborhood or alter the essential character of the community; (f) in view of all the above, the interests of justice will be served by granting the relief, as requested. Accordingly. on motion by Member Dinizio. seconded by Member Wilton. it was Page 3 - AppI. No. 4219 Matter of DIANE HARKOFF Decision Rendered March 2. 1994 RESOLVED, to GRANT a variance to increase lot coverage by 134.5 square feet. as applied. SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the walk-in cooler area which presently exists as an accessory structure be removed, as agreed by the applicant-owner. 2. That the new addition not reduce the existing nonconforming rear yard setback of the building, as agreed by the applicant-owner. 3. That there be no outside storage of articles used in conjunction with business, as agreed by the applicant-owner. 4. That all other codes be complied with and appropriate permits be obtained before commencing building activities. VOTE and Wilton. conditions. ) OF THE BOARD: AYES: Messrs. Goehringer, Dinizio, Villa, (Member Doyen of Fishers Island was absent due to poor weather This resolution was duly adopted. GERARD P. GOEHRINGER.~'HAIRMAN APPEALS BOARD MEMBERS Gerard P Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF PUBLIC HEARINGS Town Hall, 53095 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 BOARDOF 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 swimming~ool with fence enclosure in an area other than the required rear yard. Location of Property: 1350 Eugene's Road, Cutchoque, NY; County Tax Map Parcel No. 1000-97-6-1.2. Zone District: R-80 Residential. The subject premises is a substandard lot. 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 Page 3 - Notice of ~rlngs 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 TO~ OF SOUTHOLD BUILDrNG DEPARTMENT TOWN CLERK'S OFFICE ~O UTHOLD, N.Y. NOTICE OF DISAPPROVAL ~ ; // , : Date..~'..~..C?.. . · ~..~..~.~.~. ~. ~ ~/~ ~ .............. ~, ~ - ~/ ' . .... ~ ~~/~'~'~ . PLEASE TAKE NOTICE that your application dated ~ 19 · .-~ ...... ~ .............. ~./.. ~o~,o~o,~o~r~;t~:~. ................. ~;~;; ........ ~ .... County Tax MapNo. 1000 Section ...Z'(.~...Block ..~.~ ....... Lot ..~.. Subdivision ................. F~d Map No ................. Lot No .................. is r~urne~er~vith and disapprov~ on the loll%wing grounds ~~. · 97~e -~ ~ - . , ~ ~/ _ . ,/ ~ ,/" ./~ 7~.~.. ....... 5: ....... . · .. ;-., .......... ~[Z~;/~. 7;7g'~ ~ .-~ ....... ~m~ ...... ~: ~~.. .~..~~ . ~ ~ / ., , -~_'" 'Z' ". ............... ] ................. ~; ............... · t~. ..... ?:.~~ .... ~~..~..~.~ ~..~.~~ ............ - ................................. RV 1/80 F~3 1 4 1994 ~lllJ~oJd TOltll Cllirl TOWN OF SOUTHOLD, NEW YOI~K APPEAL FROM DECISION (~F BUILDING INSPECTOR APPEAL NO. '/ / OAT ........... TO THE ZO~NG~ BOARD OF APPEALS, TOWN OF SOUTHOLD,~N. Y. , ~, (w,~ ......... (~ ............................................. o~ .................. ... ................................................... .. Name of Appellant Street and Number .............. ~.~.~:{.....~.~'=~ ................................................ ~ .......... H[REBY A~¢~[ TO MunicipaJi~ THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPL CAT ON FOR PERM T NO ....... DATED ............... .,~../¢.°.l.?...~. ..................... WHEREBY THE BUILDING INSPECTOR DENIED TO ...... ......... ~ame of Applicant for permit o, ............ ........... .... ......... .......Street and Number ~nici~aii~'~ ....... State ?'"' ' ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (~,j t( ~ /~ u, ~.b I. LOCATION Of THE PROPERTY ~"~4 /ST ,~ Str~';t /l~amle;~ /' 0~e'D,stn~;"gn Zo~m~ap District 1000 Section tt9 Block ~' Lot J ~ ........................................... ~Current Owner MepNo. J~t~J - Jr"/ ~ 'LotNo. I~,~('~ P1r'ior 0whey /)1. /~,~-~$oc~L, /~-~.~'~4/'~-~" 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 /aa Section 3. /'I'YPE OF APPEAL Appeal is mode herewith for (please check appropriate box) (v) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due 1'o lock of access (State of New York Town Law Chap. 69 Cons. LaWs Art. 16 Sec. 280A Subsection 3 (.) 4. PREVIOUS APPEAL A previous appeal (has)(~.as r!o_.~JJbeen made with respect to this decision of the Building Inspector or with respect to this property. · Such ~ppeal was ( ) request for a special permit ~ ) request for a variance ~nd was mode in Appea! No ................................. Dated ............................. , ........................................ REASON FOR APPEAL ( } A Variance to Section 2BOA Subsection 3 J ( ~/A Variance to the Zoning Ordinance ¢ ) is requested for the reason that ~ ~' ~-',~ ~-.~--c'~-~0 (~' (Continue on other side) REASON FOR APPEAL Conlinued HARDSHIP becouse'~ ~c~'Civ /]'Z--'"~ 5~-r'~ STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- 2. The hardship created is UNIQUE and is not shored by all properties alike in the immediate vicinity of this property and in this use district because ffS~ ~-~I/}ff-6_ Z-o~- 4l'K~]7~ /)~b, SD 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DIS IRIC"F because A/or E-,LO_~E-~ --wx/Crx~ -q£7~9~/cS/)q-~//~ STATE OF NEW YORK ) COUNTY OF ) S, noture/// .' Sworn to this ....... /.....~.~ .........................day of ~ .~...z,~,~_x ' UNDA J, COOPER Notary Public, State of N~v York No. 4822563, Suffolk County~ Term Expires December 31, 19 7 Zj'o~..'://?..,e.:/~:-T~, OF SOUTHOLD p~r6PERTY RECORD CARD-- ' FORA~ER'OWNEI~ ~ ' ~ N ' E " ~ND IMP. TOTAL DATE R~RKS ~~/J~J~//~t~]f~.~,/',4'~'~ ~ / °oo d AGE NEW Farm ,2. y06 Tillable I Tillable 2 Tillable 3 Woc~land Swampland - 3rushlar~ ,,~ -louse Plot 3/. Ix BUILDING CONDITION NORMAL Acre BELOW Value Per Acre ABOVE Value FRONTAGE ON WATER FRONTAGE ON ROAD BULKHEAD DOCK ~ten,ion ~ ~ ; ~ B~sement /~ ~ Floors : Porch Roo~ ]st Flor ]reezew~ Potio R~ms 2nd Flor ~ oge .; .. ~. ~ ~, - ' Dnve~ [ . ~" , ,.> ~ ~ . ~rmer ). B:.~ · , ~ .~ ,-~'~ . ~ · / . ., "~?..,~,', ,,,., ~ .' .., ~~/~'- ~ ,~'~.,~ ..,,-" ._.,_., .. . =,,.~ ~, ...... , . .... , t . ~ '~::~., .~ , ~ ) ~;, i ~ KiNG STREET NOW OR FORMERLY CARL AVERT rd. pil~ O.'I'N. F C l O.5· S185o23'OO-E. -lin~ 0 0 75.00 fd. mon. 23.2 1 story bar + 36.3 frame restaurant ~ perry wall oS ~ 0 77~J0 ~_bldg. Q6'W. OR FORMERLY WHITE W W r~ MA N STREET JOB NO. 7g- 196 SURVEYED FOR FILE NO. 321 F SITUATED AT NEW SUFFOLK TOWN OF $OUTHOLO - SUFFOLK COUNTy' lN.y. .~.~,~ ," = 20- DAT; ~: ~: BZA HAROLD F. TRANCHON JR. P.C. ., .'; L&'LAND SURVE,YOR' l. ' ~ ' SUCESSO'R TO W~LUAM G. ME~ER '':~ I NORTH COUNTRY ROAD - WADINg; RIVER .:..~ EW YORE' 11792 ' '...:~. "' . (516) 929-4695 '~;"',,]I LAW OFFICES DUNEWOOD TRUGLIA First Street P,O. Box 222 New Suffolk, NY lfg56 October 27, 1994 Dennis Harkoff Legends P.O. Box 1269 New Suffolk, NY 516 - 734 - 6450 Re: Adjacent Property ( New Suffolk Emporium ) Dear Mr. Harkoff: I am pleased that your business is successful and wish you continued success in the future. However, I think we will get along better if you would kindly respect our property fights as an adjacent owner. Both my wife and I have repeatedly asked you not to permit your contractors or stafftu drive vehicles on our property, to remove your stored construction materials and debris from the front and rear of our building and, to ask permission whenever you need access via our property. These are reasonable requests and we are somewhat disappointed in the attitudes which have been conveyed by you and Mrs. Hark&f, when we have spoken to you concerning this. Yesterday, I removed a ladder, sawhorses, lumber, nails and a saber saw from our roof where your workmen had been using it as a work platform. Don't you think it would have been proper to ask our permission before allowing your people to use our roof with its intendant potential liability. Also, as we have explained, our roof needed to be replaced once for activities such as that and I will hold you accountable if I have problems with leakage due to your activities which have been duly noted. Also, since our northern property line, ( as shown on both your survey and ours ), indicates that our shared boundary runs in a straight line from First Street in an easterly direction at N 85' 3 I' 30" W, we will not permit any portion of your new structure to encroach on our side of the common boundary, or to infringe on our air rights. Please remove all encroaching structures and materials forthwith. We would not presume to do that to you. We expect the same courtesy and respect for our property as we have shown for yours and hope that you will cooperate in being a good neighbor. Very i~ yo~urs, /~7 ~ Certified Mail ~ cc: Building Department,.Board of Appeals, Town of Southold APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa R/~h~d C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD March 18, 1994 Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Ms. Diane Harkoff P.O. Box 1269 Mattltuck, NY 11952-1269 Re: Appl. No. 4219 - Variance to Construct Storage Area Dear Ms. Harkoff: Please find attached a copy of communication transmitted to our office from the Suffolk County Department of Planning which results from their review in accordance with the Suffolk County Administrative Code for projects located within 500 feet of a state or county highway, estuaries, creeks of the Peconic Bay area and its tributaries, You will note that the County has left this project for local (Town) determination, No other steps are necessary on your part. This copy is for your update and recordkeeping. Very truly yours. Linda Kowalski Enclosure COUNTY OF SUFFOLK ROBERT J. GAFF[NEY DEPARTMENT OF PLANNING STEPHEN M. JONES, A,I.C.P. DIRECTOR OF PLANNING ~arch 14, 1994 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal Pile Number(s) Frick, Irving 4213 Earkoff, Diane 4219 Very truly yours, Stephen M. Jones Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner APPEAI~ BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Tolephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York I 1971 Fsx (516) 765-1823 Telephone (516) 765-1800 March 11, 1994 Ms. Diane Harkoff P.O. Box 1269 Mattituck, NY 11952-1269 Re: Appl, No. u,219 - Lot. Coverage Variance {Addition} Dear Diane: Enclosed please find a copy of the Beard's Findings and Detemination rendered at our March 2, 1994 Regular Meeting. Please be sure to return to the Building Department for a building permit and any other approval that may. be applicable for this project. For your convenience, we have furnished the Building Department Office with copies of this determination for their permanent recordkeeping and update, Also'. we have transmitted copies of your file to the Suffolk County Department of Planning in accordance with Suffolk-County's Administrative Code rules and regulations pertaining to variance projects located within 500 feet of a waterway, Once we have received their written response, we will forward a copy to you for your permanent file. Please do not hesitate to cell our office or the Building Department if you have any questions. Very truly yours, I_inda Kowalski. Clerk Board of Appeals Enclosure Copies of Decision to: Town Building Department (Attn: Tom Fisher) Suffolk County Department of Planning PUBLIC HEARING BOARD OF ZONING APPEALS Town of Southold March 2. 199[t (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 March 2. 1994 Regular Meeting APPLICATIONS INDEX PUBLIC HEARINGS March 2. 1994 Pages 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 ...... ~.3-~_8 JOHN E. STRIPP and JUDITH D. STRIPP.. .19 DIANE HARKOFF ......... 20-22 IRWIN and AGNES FRICK ...... 23-29 BARBARA KUJAWSKI .......... 30 Southold ,own Board ~l~ppeals 20 March 2, Regular Meeting 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 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. The Chairman read the Legal Notice of hearing for the record, and application. THE CHAIRMAN: We have a copy of a site plan. It is done by Donald G. Feller of Mattituck, dated 2/2~/9~, indicated the squared-in area and the nature of the change of the roof-line -- well. actually it is a squared-off area of the building, and of approximately 12 by 22, and I have a copy of the Suffolk County Tax Map indicating this and surrounding parcels in the area. Mr. Feller, how are you tonight? Pardon me; it must be the snow tonight. I am off on everything. Is there anything you would like to state for the record? Appearance: Donald G. Feller, RA Mattituck. N.Y.. for the Applicant. MR. FELLER: I just want to mention that the storage area is to be attached to the kitchen. It is necessary, and we really don't want to store things outside. There are practical difficulties with that. It is the only storage space. It increases from 51% lot coverage up to 53%, is what we are asking for. THE CHAIRMAN: When Mr. Harkoff showed me the existing walk-in box, I failed to ask him if he was destroying that one or was he building a building around the existing one? MR. FELLER: That would be removed. $outhold Town Board )eals 21 March 2. Regular Meeting THE CHAIRMAN: Completely removed? MR. FELLER: Yes; that is pretty much useless. THE CHAIRMAN: I assumed that; I just had to ask you the question because he told me he had to change the roof line and so on and so forth. MR, FELLER: Yes; also it was inaccessible to get out that door and up the slope of the rear yard into that walk-in box. Okay, Are there any questions from my fellow Board THE CHAIRMAN: members? Rich? MEMBER WILTON: THE CHAIRMAN: MEMBER VILLA: Not really. Okay. Bob? Are you going to replace the cooler in this area? MR. FELLER: It will possibly be inside the new storage area, with access from the inside of the building, from the kitchen, That is probably what we will do. in the back of the storage area. MEMBER VILLA: If it is not inside, where~would it be? MR. FELLER: That is really the only spot for it. There is no other space on the side for it; on the other side of the building is all the cesspools, and you have the bulkhead there where the grade goes up to the (inaudible) accessory and the entrance to the kitchen in back of the property. THE CHAIRMAN: You answered our question: Where the cesspools were. Jim? MEMBER DINIZIO: I just --Would this take care of all the bottles and stuff you have in the back there now? Would that all be stored inside? Southold -[o~vn Board ~ppeals 22 March 2. 1~ Regular Meeting MR. FELLER: That is the idea. There is noplace inside. And some of the storage is giving some problems with the Health Department for the storage that is inside. There is really no good spot for it now. THE CHAIRMAN: So the actual addition is 12 by 22? MR. FELLER: Yes. THE CHAIRMAN: Okay. And 6 by 22 of that will be the walk-in box proposed? MR. FELLER: Yes. THE CHAIRMAN: And the remaining on that would be the storage area. before the walk-in box? The walk-in box would be the area to the closest to the rear of the building? MR, FELLER: Yes. THE CHAIRMAN: Okay. does anybody else in the audience have any specific questions concerning this? (There was no response,) THE CHAIRMAN: Anybody like to speak against it? (There was no response,) THE CHAIRMAN: Any further comments? Hearing no further comments. I make a motion closing the hearing and reserving decision until later. (Motion seconded and carried; see Clerk's Minutes.) THE CHAIRMAN: If you would like to hang around, we will be here for a short period, APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa R/chard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD February 14, Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 1994 Mrs. Diane Harkoff P.O. Box 1269 Mattituck, NY 11952-1269 Re: Appl. No. 4219 - Storage Addition (The Legend) Dear Mrs. Harkoff: 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 corner of the proposed storage addition and provide photographs of the area between the rear of the building and other yard areas. The public hearing on this application will be held at 7:50 Wednesday, March 2, 1994 at the Southold 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 m Section 267 of the Town Law and the Code of the Town of Southold, that the foHowthg public heatings will be held by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York I 1971, on WEDNES- DAY, MARCH 2, 1994, com- mencing al the times specified below: I. 7:30 p,m. AppL Nq. 4215 -- GEORGE Y~,L~. A va~mce is m- quested from Article XXIV, Section 100-244B of the Southold Town Zoning Ordinance for permission m construct addition with reduced (southwesterly) sideya~d setback, and reduced total sideyards at less than the required 25 ft. Location of Properly: 420 Bayer Road, Mattituch, 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 -- L1EB VINEYARD, INC. A variance is t~quested from Article IlL Section 100-33 of the Southold Town Zoning Ordinance for permission to locate glx}ol and cabana strnctums, - ~fance enclmu~e, situated in an ~t than the required rear yard. Location of Property: 14990 Oregon Road, Cutchogue, NY; County Tax Map Parcel No. 1000-84-01-02 (now Lot g4.4). Zone DisPel: A-C. 3. 7:40 p.m. Appl. No. 4217 --~'t~ THOMAS PULS nnd DONNA RICCO. A variance is mqucswd from Article HI, Section 100-33 for p~rmis- sion to locate s~wimmingpooi with fence enclosure in an area other than the required rear yard. Location of Property: 1350 Eugene's Road, Cutchogue, NY; County Tax Map Parcel No. 1000-97-6-1.2. Zone Dis~ct: R-80 Residential. T~e subject JOaN E STRIPP and jUDrrn D: STATE OF N~w YORK) ) SS: ~0UNTY OF SUFFOLK) C~M~[~~L~ of Mattituck. In said County, being duly sworn, says that he/Ehe is Principal Clerk of THE SUFFOLK TIME~, n Weekly Newspaper, published at Mattituck, in thc Town of Southold, County of Suffolk and State of New York, and that the Notice of which the nnnexed is a printed, copy, lure been re&qtist-. ly published__ in said Newspaper once eaub week for _.~._ weeks successively, commencing on the~r~ day of~J}_~ 19~. CHRISTINA VOUNSKI GaRry Pub, fie, State of New Ym'k ....... ~, Ho. 500,-,884 /~ / ~lnelpm L;/ersr uuolified in Suffolk County (,~ ~ ~i~aton Exlare$ No,vernier 2:L 1 ~g.Z-f ,, ,* Business (HB) Zone District. Locetio~ : ' 1-2.2. ! "- of Property: 835 First Street, New ' - The ~ of Appeals will at said Suffolk, NY; Coumy Tu Map Pmcel time and pisce hear any and nil personc No. 1000-117-$-15. The subject ~m' ,,;v,~.-sentndves desiring to he heard premises is a substand,~-d lot. in the above matters. Written corn- 6. $:00 p.m. Carryover from meats may also he submitted prior to February 2, 1994 -- Continued ~2 the conclusion of the subject hearing. Hea~ng of AppL No. 4213 -- IRWIN/ Each heating will not start before th~. and AGNES FRICK. Addition witl~ times designated above. If you wish to reduced sideyard setback at 1935 ~'eview the files or nend to r~luest rnore Westview Drive, Mattituck, NY; information, please do m)t hesitate to County T~x Map District 1000, Section call 765- I $09 or visit our office. 107, Block 7, Lot 5, Dated: February 14, 1994. 7. 8:05 p.m. Carryover from February 2, 1994 -- Continued Hea~ing of Appl. No. 4161 -- RAR- BARA KUJAWSKI. Accessory Apartment use at 125 (Town House No,) Sound Avenue, Manituck, NY; County Ta~ Map Parcel No. 1000-120- ~O BY ORDER OFTHE UTHOLD TOWN BOARD GERARD P. GOEHRINOER i" CHAIRMAN ' ' 71~'~'JTFI7 : By Lthda Kowalski Page 3 f~a Regular Meeting o rch 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 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 February 14, 1994 NY TYPE II ACTION DECLARATION Appeal No. 4219 Project/Applicants: Diane Harkoff (The Legend) County Tax Map No. 1000- 117-8-15 Location of Project: 835 First St., New Suffolk, Relief Requested/Jurisdiction Before This Board in this Project: Construct storage area_pro3ect will exceed maximum-permitted 10t coverage requirement 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 submitted; howeve~ ~ ....... ) Form has been · - -, ~n Ot/.13 of 6 NYCRR Part 616, and Section 8 0113 of the Environmental Conservation Law, this variance application falls under the I established by law. Fu~= ...... Type I classification as ~l~, ~nls 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 Type II for this Variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)},.this determination sba other agency,s interest or ~ ~-~- 1~ h~¥e no affect upon an agency. ~ u~c~r~lna~ton as an involved Y 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 REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER 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: F ROM: DATED: RE: Southold Town Zoning Board of Appeals Judith T. Terry, Southold Town Clerk February 14, 1994 Zoning Appeal No. 4219 - Diane Harkoff Transmitted herewith is Zoning Appeal No. 4219 of Diane Harkoff for a variance. Also included is Notice to Adjacent Property Owners; Notice of Disapproval from the Building Department, dated 2/10/94; copy of survey; copy of Property Card; copy of Application for a Building Permit; ZBA Questionnaire; and Short Environmental Assessment Form. BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF PUBLIC H EARI~.C~z.~ 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 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. 4~I6- LIEB VINEYARD, INC. A variance is requested from Ar- ticle 11I, 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 III, Sec- tion 100-33 for permmsion to .OUNTY OF SUFFOLK ;FAFF. OI: NEW YORK ss: 4. 7:45 p.m. Appl. No. 4218 - I OHN E. STRIPP and JUDITH D. STR1PP.. Al variance is requested from Article III, Section 100-32 for ~ permission to locate a new principal dwelling structure[ with a reduced front yard set- / back.' i]oc-a~i~0~: ~f 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 cot'- ncr 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 'Pax Map Parcel No. 1000-117-8-15. The Patricia Wood, being duly sworn, says that she is the i:_ditor, o( THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southoid, in Suffolk County; anti that Ihe notice of which the annexed is a printed copy, has been published in said I.ong Island Tr;~vcler-Watchm,m m~ce each week for. .................... ./. .... weeks /5' :!uccessively. commencing on the ...................... .... ..... ,9.?. Swoll~ to befmc rne this ............ /.7. ...... clay of / ' : at said time and place hear any Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, State 0l New York No. 480~346 Qnaiified i, Suffclk County subject premises is a substan- ,0 and all persons or represen- dard lot. ,,~ ~ tatives desiring to be heard in 6. 8:00 p.m. Carryover frofi~ , the above matters. Written February 2, 1994- Continued ~ comments may also be sub- Hearing of Appl. No. 4213 ' ~ ~ mitted prior to. Ihe conclusion IRWIN and AGNES FRICK. of the subject hearing. Each 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. Ac- cessory Aprtment use m 125 hearing will not start before the times designated abov~ If you wish to review the files or need to request more informa- , tion,' please do not hesitate to call 765-1809 or visit our office. · Dated: February 14, 1994. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS Commission Expires locate swimming pool with (Town House Nb.) Sound GERARD R GOEHRINGER fence enclosure in an area , Avenue, Mattituck, NY,.' Coun- . - . · CHAIRMAN other than the required rear~ ty Tax Map Parcel No. i. ~ ~ · ~By Linda Kowalski yard. Locati_o,n_ of Property~ 1350 Eugene s Road, Cut- , ;The Board of Appeals wino chogue, NY; County Tax Map Parcel No. 1000-97-(>1.2. Zone District: R-80 Residential. The subject premises is a substan- dard lot. ~ ii .~.~., .~ . FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL,: 765-1802 ·., 19... Permit No ............ BOARD OF' HIrALTH .... 3 S~'T$ OF PLANs ........ ~ SURVEY ................. SEPTIC ................... Oa:l CALL . . ......... HAIL TO: · (Building Inspector) .... APPLICATION FOR BUILDING PERMIT INSTRUCTIONS ~e completely fiBed in by typewriter or in ink and submitted to the Building Inspector, with 3 ~ to scale. Fee according to schedule. tion of lot and of buildings on premises, relationship {o adjoining premises or public st'reets description of layout of property must be drawn on the diagram which is part of this appli- ds application may not be commenced before issuance of Building Permit. pplication, the Building Inspector will issued a Building Permit to the applicant. Such permit 'ailable for inspection throughout the work. cupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy 5uilding Inspector. Y MADE to the Building Department for the issuance of a Building Permit pursuant to the ." Town of Southold, Suffolk County, New York, and other applicable Laws. Ordinances or an of buildings, additions or alterations, or for removal or demolition, as herein described. ~ with all applicable laws, ordinances, building code, housing code, and regulations, and to ~remises and in building for necessa~r,, insdections. ~ ~ /, ~ ~!,gn a? re o f applicant, or nam e, if ~2?b~;~;ra~i'o'n') .... (Mailing address of applicant) ' ' ~ ' ' ~er, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. (as on the tax roll or latest deed) ff.of duly authorized officer. ,posed work will_be done· ' ............ Street ...... Handet :lion .......... Block .... '°° ........ Lot ............ .................. ' .... Filed Map No. Lot (Name) ( ......... . .. :Y premises and intended us~and of proposed construction: f . occupancyO 3. Nature ofwork'che w ' ' t. ck htc/~ applicable): New Building .......... Addition ~ Alteration .......... Repair .............. Removal .............. Demolition .............. Other Work.. ~...7Q o. "ri (Description) 4. Estimated Cost ..... ;~ .................... ..T· (to be paid on filing this application) 5. If dwelling, nUmber of dwelling units ............... Number of dwelling units on each floor.. · If garage, number of cars .. . 6. If business, commercial ' "] ........... . ..... · ............................................... or mined occupancy, specify nature and extent of each type o£use .......... 7. Dimensions of existing structures, il'any: Front ............... Rear Dimensions oCsame structure, with ..... ' ......... Depth'"iiiiiiiiiill Height ............... Number of Stories ............................................ alterations or additions: Front ............... Rear .................. Depth ................. Height ...................... Number of Stories ........ 8. Dimensions of entire new construction: Front ............... Rear ' Depth Height ............... Number of Stories .... ' .............. 9. Size of lot: Front ......... ' ................ .... I0. Date of Purchase ..... ' ............ Rear ........ ' .................... .............. Depth ................... 11. · ....................... Name of Former Owner .......................... i ' ' Zone or use district in which premises are situated ................................. .................... 12. D°es pr°posed construction violate any zoning law, ordina " 13. Will lot be nce or regulation: ................................ regraded ............................ Will excess fill be removed from premises: 14. Name of Owner of premises .................... Address Phone No .... Yes No Name of Architect · · - . ........... Name of Contractor' ....................... Address ....... · ' ' · ........... Phone No ............. .................... Address .......... : ........ Phon6 No ....... ...... 15. Is this property within 300 feet 'of a tidal wetland? *Yes ........ No ..... · If 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 corner lot. -~-fATE OF NEW YOli,K~_ o o DOUNTY OF bo o.o ' .......... '~' ~ ~' ~~ ..... being duly sworn, deposes ~d says that he is the applicant above n'amed(.Name of individ~;l'sig~i~ ~}rac~5 ..... (Contractor ..................................... agent corporate officer etc ) ' ' >f said owner or owners, ~d is duly authorized to perfom or have perfomed the said work and to m~e and file this ~pplicafion; that all statements contained h this application are true to the best of his knowledge and belief; and that the york will be perfo~ed in the m~ set forth ~ the application filed therewith. ;worn t~ before me this ~ . applic~t) KING STREET NOW OR FORMERLY ./' CARL AVERT rd. pil~ 0.1'~N. S.85°23'00'E~ 75,00 fd. mon. bar ~ ~staurant 0 OR 779O u~ I-- 75.00 O6'W. ame stoFe FORHERLY WHITE: ~ MAIN STREET SITUATED AT' NEW SUFFOLK' ,:"'; . " TOWN OF $OUTHOLD - SUFFOLK COUNTY NY. ,'~t~'~'.MAP NO. ." DATE'-~:':'~:).~:":':~5:' , ~K NO. e4 ' ;: ''" ' PAGE 6~ -.!.::~.' '-' ~" : HAROLD F. TRANCHON JR. F.C. .: . · : .... LAND SURVEYOR ' ~. :'~ ' :' ,' ',:~.!::.-_;: · '" SUCESSOR TO WILLIAM O. MEIER NORTH CouNTRy ROAD - WADIN~ RIVER , . . ' .:. NEW YORK' 11792 ~'.. ~'::' '!:. ($! 6) ·929-4695 '~;::' .: ;:i JOB NO. 7g- 196 FILE NO. 321 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by A~)~)licent or Project sponsor) 1. APPUCANT/SPONSOR/~X _~,~ II 2. PROJECT NAME SEQR 3. PROJECT LOCATION: 5. IS PROPOSED AC I0 : [] New T~xoan$ion 6, DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED: E. WILL PROPOSED ACT;ON COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? I! the action is in the Coastal Area, and you are a state agency, complete tt~e Coastal Assessment Form before proceeding with this assessment OVER 1 .(Conl:'Jnued on ~'eve~'se side) The N.y.$. Environmental Quality Review Act requires submission of this form, and an environmental review will be made by this board · before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FO~,I ~NSTRUCTIONS: (a) In order to 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 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 Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. ~reparer,s Signature: .. Yes Pr'senting: 'ZBA g/q$ -, _ Date: 15. Is there public controversy concerning the . (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically'alter more than 10 acres of land? Yes :_~NO 2. Will there be a major change to any unique or un~ual land form on the site? ___Yes NO 3. Will project alter or have a large effect on a~ existing body of water? Yes ,. o 4. Will projec~ have a potentially large impact on ~N groundwater quality? .. Yes , o 5. Will project significantly effect drainage flow on adjacent sites? Yes , o 6. Will project affect any threatened or endangered plant or animal species? Yes ..,. 7. Will project result in a major adverse effect on ~.N air quality? Yes o 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas /NO k~own to be important to the community? Yes 9. Will project adversely impact any site or struot-' ute of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? _ Yes 10. Will project have a m~jor effect on existing or _~/No future recreational opportunities? Yes 11. Will project result in major traffic problems or cause a major effect to existing transportation · ' ' systems? 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project,s operation? . Yes ../No 13. 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? QUESTIC~;AIRE 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: (Sep~rate~he~t~may be a~t~c~ed~) B. Is the subject premises listea on the real estate market ~er - sal~ or being shown to prospective buyers? { } Yes { u9 No. (If Yes, pl~e a~-h c~y o~ "condi~n~,' of sale.) Are there ~n7 ~uposal~ tu =hange ~r alter land cunto~u? Yes {w~No D. 1. Are there any areas which contain wetland grasses? PfC 2. Are the wetland areas shown on the map submitted with this application? AJ~' 3. Is the property bulkheaeed between the wetlands area and the upland building area? ~© 4. If your property contains wetian~s or pond areas, have you contacted the Office of the To~rustees for its determination of jurisdiction? . . E. Is there a depression or sloping elevation near the area of proposed co~§truction at or below five feet above mean sea level? A///~ (If not applicable, state "N.A.") ! F. Are there any patios, concrete barriers, b~lkheads or fen=~ which ~ =t an~ ~not shown un th~ survey map that you ar~ sUbmitting? 0 If none exist, please state "none." G. Do you have any construc~$on taking place at this time concerning your premises? ~v0 If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you any co-owner also own other land close to this parcel? ~ If yes, please.explain where or submit copies of deeds.' I. Please~ist preseD3t use or operations conducted at this parcel proposed use S~ and ~utnorized Signature a~d~Date ' 3/87, 10/901k § 97-13 WETLANDS § 9%13 TOWN ~ The Town of Southold. TRUSTEES ~ The Board of Trustees of the Town of Southold. [Added t~-5-84 by L.L .R~o. 6-1984] W'E'iT_,A.,~FDS [Amended 8-26°76 by EL. No. 2-1975; 3-25- 85 by_[~T., N~. 6-1985]: -,"~ -..' ". ";' ~V ~[DAL WETLANDS: ~ (I) All lands generally covered or intermitton:ly cov- ered with, or which border on. tidal waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet. including but not limited to banks. bogs. salt marsh, swamps, meadows, fl~t~ or other low lying lands subject to tidal action; (2) All banks, bogs, meadows, flats and tidal marsh subject to such tides and upon which grmvs or may grow some or any of the following:, salt hay. black gr~ss, saltworts, sea lavender, tall cordgr~ss, high bush. cattails, groundse], m~'$hmnHow Md I~w (3) Ail lm:d immediately adjacent ~o a tidal w~ttand az defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. FRESHWATER WETLANDS: (I) "Freshwater wetlands" as defined in Article 24. Ti- tle 1. {} 24-0107, 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- land." as defined in Subsection B(1) and lying with- in seventy-five (75} feet landward of the most land- ward edge of a "freshwater wetland." 9705 z..~s.ss Sta~daS~ N~Y, 8. T. U, Form 8002- 20 - 88~g~in and S~IE Deed witl~ Coven~nl ~g~lltsl Grantor'$ Acls- Individual or Co~porallon CONSULt' YOUR LAWYER BEFORI ~THI$ INSTRUMENT--! 'f HI5 i?.q~EN1 URE. made th 24 day of Sept, ~',%£k~ LiL' MAX L~ ~., .a New York Corporation c./o ELAINE 323 Waver]) .Mew York~ b 10011 the first part, and [ ~d~E ~OFF ] 0 Camp Mineola Road East Ext. R .teituck, NY 11952 nineteen hundred and 199~ ~}:.-,SE~lfL t~a: the pa ~y of the first part. in consideration of Ten Dollars and other valuable con- ion paid by th~ part)' ,f the second part, does hereby grant and release unto the party of tho second ~,;e heirs or successors md assigns of the party of the second part forever, ,'.t.~ ~]~ ccr als plot: piece )r parcel of land, with the buildings and improvements thereon erected, sltu- ~'~ ~,hL.o, !i::d being in the ~2~at detrain plo town of South ,,~,:t sc*~cheriy from 91,J~ of Xing Street L(: .aims thence along ;~'~: aln,..tes 08 se¢ond,~ · piece, or parcel of land, situate, lying and being Id, County of Suffolk and State of Now York being nded and described as follows: 9n the westerly side of First Street distant 101.54 ae corner formed by the intersection of the southerly [th the westerly side of First Street; :he westerly side of First Street, South.05 degrees' West 84.34 feet to land now or formerly of White; '~.cnce along the. nor! ~erly sSd~ of land now or formerly of Whi~, North ,¢35 degrees 31 minute: 30~ se¢0~s West 75.00 feet to land now or ~orm~rly Yt~ence along the east ~riy side' of land now or for~rly of Ktnczel. North 05 degree~ 08 minute~ 08 seconds East 84.52 feet to land now. or fo~rly '!ke~ae along the sour South ~5 degrees 23 ~ place of beginning erly side of land now or formerly of AWent, antes O0 seconds East 75.00 feet to the point E, s, ,ar~ p..r~mises conve~ed to the party of the first part t~ t ~1~,~ filER with all right, t TO ~{OLD tSe premises hereil ~ND ~he pa.y of ~he firs~ pa AND the p'lr;y o~ {he first par the first par~ w~i receive ~e ~ side~a~on as a ~rus~ fund to b~ a~ly ~h¢ ~amz ";t~ ~o thc pay ~ho w,:, ;~ 'pa~y shall ~ con ~?'~ W~1NE~ WHE~OF~ the e and interest, if any, of the party of the first part of, in and to any streets escrlbed p:emis~s to the center lines thereof; TOGETHER'with the appur- · :,~-l~ -[ ', ..... of th~ first par.~ in and to said premise:g; TO HAVE AND granted unto the party of the second part, the hojr~ or ~u°°o$$ors and a~igns forever. covenants that the party of the first part has not done or su[f0red anything : bee;, encumbered in any way whatever, except as aforesaid. in co.'npliance with Section 13 of the Lien Law. covenaat~ that the party o! msideration for this conveyance and will hold the right to rece|v~ such eon- appiied first for ~he purpose of paying t6e cost of the improvement and will ;eat of the cost of the improvement before using any part of the total of the rued as if it read "parties" whenever the sense of this indenture so requires.' ,arty of the first part has duly executed this deed the day and year first above llAti .01 #IW YOLK, ¢OUNTT OP Suffc ,k fl: Oa ~hc 24 day o! Sept. ) 93, b~for~ me [eraom~ly came Diar~e Harkoff ::~ me znown to be the individual desc abed in and who ,;xec.~ed the forego, ng instrument, and :knowledged that J,:x~ ~ecuted the same. VIRGINA LEFEBVRE NotarY Public, St,~tc of Ney York Ho. 4~72181 Sutfolk Commission Expires June 3( ~1g~7 NEW YORK, COUNTY OF S'tJ~fo k ss: 24 da~ cf ~pt. I ~ 93, ~{ore me .al;y ~c Elaine ~nown~ who, ~h%g by me du~ swot .did de.se and ~ ~csMes at ~ 123 Wa~ ly P~ .. ', ~/~.~ 1001~ ; I~ Ltd. , tbe ~ )ration described ~hi:h executed ~he {otegoin~ mstr ~nt; that he ?h~ seal of ~/d co~ra~on; {hat the seal a~{xed ~n}~rument ~s~uch cor~raEe sea{ {hat {t was so by~rd~¢ ,of the~d 6f ~ectors of said cor~ra- ~~ ¢¢~ ~e order. ~argaln ST&T! Olin NEW' YOIIL COUNTY Olin On the day of personally came 19 , before me to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that STAT~ OF NEW YORE, COUNTY Of On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. that he is the of , the corporation described in and which executed the {oregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; lhat. it was affixed by order of the board of directors of sal.d, oorpora- tion, and that he signed h name thereto by like order. S{C'nON 117.00 BLOC< 08.00 LOT 015.000 COUNTY O~ TOWN Suffolk NEW YORK DIVISI~ RETURN BY MAIL TO: Facsimile; Cover Sheet 'I o: Linda Compa ly: ZBA Phc le: F ~x: 765-1823 Fro n: Compa ly: Pho re: F Ix: D~ re: Pages including 1 lis cover pa le: William H. Price, Jr., Esq. (516) 477-1016 (516) 477-0130 02/14/94 3 Comments: Harkol c u,'.'s~,ant to Diane Harkofrs ,quest I am transmitting a copy of the bargain and sale deed. 117- Z- 16" //:~_ ?-/5' ROBINS ISLAND R-400 ~OARD OF APPEALS, TOWN OF SOUTHOLD in the Matter or the Petition of NOTICE '20 ADJACENT PROPEkTY OWNER the Board of ,- iil)c.~.s ::f ,~:~: '"4.'n nf 'r,'ooth-ld to: /'tt 10. l+ a-L YOU ARE HEREBY GIVEN NOTICE: 1 That ~ intention of the undersigned to petition the Board of Appeals of the Town of Sou~hold equest a ~'~ri~nc~(Specia~ Exception) (Special Permit) (Other) [circle choice) 2. That the property which is the subject of the Petition is located adjacent to your property and is des- -d as follows: ]. Thgt th~ property which is th~ subject of such Petition is iocgt~d in the following zoning district: l ~, --/I7 -g - ~ 4 That b', such Petition, the undersigned will request tl~e following relief: I~,~-~ ~-eO.~, ~c ll/a,~ k, r c i.,~,~ 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under. .ed are Article /d~) _ Section '} ~ · [ ] Section Z80~A, New York Town Law for approval of access over ri§ht(s)-of-way. 6. That within five days from the date hereof, a written Petition [equcsting the relief specified above will filed in ~he Southold Town Clerk's Officeat Main Road Southold, New York and you may then and there a~ine 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 oard of Appeah; that a notice of such hearing must be published at least five days prior to the date of such caring in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the · own of Southold and designated for the publication of such notices; that you or your representative have the .;hr to appear tnd be heard at such hearing. [Copy of sketch purposes,] or plan Owners'Names: - ~ " ' Post Office Address ) showing proposal to be attached for convenience. BOARD OF APPEALS, TOWN OF SOUTHOI. D In the Matter or the Petition of tn the Board of Appeals nf the Town of Southold YOU ARE HEREBY GIVEN NOTICE: NOTICE TO ADJACENT PROPERTY OWNER 1. That i~ intention of the undersigned zo petition The Board nf Appeals of thc Town of Sou]hold torequest a~rianc~)(Spcciai Exception) (Special Permit) (Other) {circLe choiceJ 2. That the property which is the subject of the Petition is located adiacent to your property and is des- cribed as follows: " 3. That Ihe properly which is I~.~ subi~c~ of such Peddon i~ If)ca,ed in Ibc followin~ zonin~ dislricl: 4 That h~ such Pelitinn, lhe undersigned will request the following relief: $. Thai the provisions of d'~c Sourhold Town Zoning Cod,.: applicable to thc relief sought by the under- signed are Art. icle /~j-~ __ ~on '~ ~ [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way] 6. That within five days from [he date hereof, a written Petition requesting thc relief specified above will be filed in me Southold Town Clerk's Office a[ Main Road Southold, New York and you may then ~nd there examine the same during regular office hours. (5~6) 7~5-[809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeal's; that a notice of such hearing must be published at least five days prior to the dale of such hearing in the Suffolk Times and in [he Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; ii,at you or your represeniative have the right to appear ~nd be heard at such hearing. Petitioner Owners J Names: Post Office Address Tel. No. [Copy of sketch or plan purposes.] showing proposal to be attached for convenience BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter ot the Petition of : : NOTICE. ~ : TO to the Board of Appeal% nf the Town of Southold : ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: ]. That ~ in~¢n[ion of Ibc und¢[siEned zo petition zh¢ Bo~[d o[ Appeal~ of ~¢ To~ ~)(Spccial Exception) (Special Permit) (Other) [circle choice] Io 2. That the property which is the subject of the Petition is located adjacent to ~0ur property and is des~i cribed as follow%: ], Tlul Ihe proper~y which i~ l~.c ~ubi~l o[ ~u~h ~ifion i~ lock,cd in die ~otlo~ing zoning di~Irk~: 4 '[hat ht such Petitinn. the undersigned will request the following relief: P~-'r4. Pr'~4.'.6~g~/~C~ [fZa,,~. k,;' ( i'~ $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed ;ire Article [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way~ 6. That within five days from the date he'reof, a written Petition requesting the relief specified above will b el,.4 ;. th. C, nuzhold Town Clerk's Office at Main Road, 5outhotd. New York and you may then and there e .[ ........... .: '" ~-urs (516) 765-1809 exa,mine the same outing regu ar otucc ,,u . ' 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-Mattltuck 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 appea~tnd be heard at such hearing. [Copy of sketch or purposes.] plan showing Petitioner Owner5 ' Names: Post Office Address proposal to be attached for conveni ' ence :i~ BOARD OF APPEALS, TOWN OF SOUTHOLD In Ihe Matter or the Petilion of tn the Board of Appeals nf Ihe Town nf Southnld NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1 Th,at~ intention of the undersigned to petition thc Board ill Appeals of thc Town of Sou.thold torequesta~ri~(Special Exception) (Special Permit) (Other) [ciflcle choice] . , 2. That the property which is the subject of the Petition is located adjacent to 1'0ur property and is des- cribed as follows: ]. Th~ ~h¢ properW which is ~e subjec~ of such Peddon is Ioc~[~d in ~he followin[ zonin~ district: I~ '~/I7 ~'-J 4 That h~ such Petition. the undersigned will request thc following relief: t~,'~'~ f12 0 ,,~. k / ;' ( t'~ 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are ,~-~_Lcle /U~ Seer. ion ') ~'- . [ ] 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 ClerE's Office at Main Road Southold, New York and you may then and there exa,mine 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 Appeal's; 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 appea~r tnd be heard at such hearing. 4 : Petitioner Owners'Names: Pos[Office Address Tel. No. [Copy of sketch or purposes.] plan showing proposal to be attached for convenience I BOARD OF APPEAl_S, TOWN OF SOUTHOLD In the fi,latter nt thc Petition of the Board of Appeals of the Town YOU ARE HEREBY GIVEN NOTICE; NOTICE tTO ADJACEHT PROPERTY OWNER 1. That to request intention of the undersigned to petition the Board of Appeals of the Town of Sou: hold (Other) [circle 2. That the cribed as follows: 3. That the 4 That h~t such Petition, the undersigned will request tile following relief: $. That the provisions of the Southold Town Zoning Code applicable ~o the relief sought by the under- signed are A:ticle /~-~,~ ' Section '~ ~-~ ~ [ ] Section 280-^, Ne~ York Town Law for approval o'f 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. (51~) 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: ~hat 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-Matti[uck 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:' ~:~']/l~'/c~ ~ Petitioner Owners s Names: Post Office Address Tel. No. (.i~/~,).J~o¢-/~ ~ [Copy of sketch or purposes.] plan showing proposal to be'attached for convefft~ BOARD OF APPEALS, TOWN OF 5OUTHOLD In Ihe Matter or Ihe Petilion of : to the Board of Appeals of the Town nf Soulhold : NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That i.i~.~e intention of the undersigned to petition the Board of Appeals of the Town of 5outhold to request ~) (Special Exception) (Special Permit) (Other) [circle choice] )- 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: ~ /'~.~ 3. That the property which is the subject of such Petition is located in the following zoning district: 4 That~hPetitiun, theundersignedwillreRuestthelfollowingrelief:~,e.,e,~__~[~C.~ ~ ~717.,~-'~ '~J~ ~ ~. Thai Ihe provisions of Ihc 5ourhold Town ~o~.gg Code applicable lo Ihc relief sought by the under- signed are Art-Lcle 1 ~3~ Section [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way~ 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the 5outhold Town Clerk's Office at Main Road, 5outhold, New York and you ma)/then and there 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 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 no[ices; that you or your representative have the Petitioner 0wne t's ~ Names: Post Office Address Tel. No. ( ~ ) right to appear and be heard a~t such hearing. Dated:' ' ~7'~/~. - [Copy of sketch or plan showing proposal to be attached for convenience purposes.] PROOF OF MAltING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAiF ADDRE55 .-~--2-56 704 735 Certmfied Mail Do not use for In:crnation2! Moil (See Reverse) Cerlified Fee Special Defivery Fee Reslricted Delivery Fee Retum R Postrn~ ~ STATE OF NEW YORK ) COUNTY OF SUFFOLK) [~%1~ ~ /~',¢~- ' , being duly sworn, deposes and says ,hat on of ,19 ?~ ,d~ponenl mailed a true copy of thc NoJice set forth on the r{- verse side hereof, directed to each of the above-named persons at thc addresses set opposite their names; that thc addresses set opposite thc names of said persons arc thc addresses of said persons as shown on thc current as~sment roll of th{-Town of Soulhold; that said Nodcd w~rc m~ilcd at th~ United Slates Post Of- fi~ F~ ~[~ :fha, said Notices were mailed to each of,aid per,on, by Sworn to before me this /~ Notary Public UNDA J. COOPER I~.~/Publi~, ~'~t. of New york _ =4822563, Suffolk Cou _nty term r=xPlr~ ~ 31, In (This side does not have to be complet'ed on form transmitted to adjoining property ownerS.) io