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HomeMy WebLinkAbout4238 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 ACTION OF THE BOARD OF APPEALS Appeal No. D,238: Application of JON C. KERBS. This is a request for a variance based upon the April 18, 1994 Notice of Disapproval for a permit to alter roof line for a height above the 18-foot limitation in a preex- isting accessory building with garage and rental apartment (Pre-C.O. No. Z6034 issued 8/1/74); Article IliA, Section 100-30A.4 (ref. 100-33). Location of Property: 440 Riley Avenue [previously known as 590 Riley Ave.), Mattituck, NY; County Tax Map Parcel No. 1000-143-4-10. WHEREAS. after due notice, a public hearing was held on May 4, 199~, and at said hearing all those who desired to be were heard and their testimony recorded; and heard 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, its present zoning, and the surrounding areas; and WHEREAS. the Board made the following findings of fact: 1. The subject premises is known and referred to Lot No. 13 on the Subdivision Map of George H. Riley filed in the Suffolk County Clerk's Office November 27. 1928 as Map No. 186. This lot is located in the R-40 Low-Density Residential Zone District under the Master Plan adopted January 10. 1989. and contains a total lot area of 7500 sq. ft. with 100 ft. frontage along James Creek. 75 feet along Riley Avenue. and an average depth of 181+- feet. 2. The applicant is the owner as shown by Executor's Deed dated August 2. 1974 at Liber 7691 cp 265. The applicant/owner is a resident in the rear accessory bui,lding containing a preexisting apart- ment for which the Town has issued a Certificate of Preexisting Use and Occupancy dated August 1. 197~ to the Estate of William E. Folkes. Also noted under this Pre-C,O. is the existence of a one-fam- ily dwelling (front building) which is presently occupied by a single family, 3. The applicant has submitted a copy of a survey dated Page,2 - A:ppl. No. 4238 Application of JON C. KERBS Decision Rendered May 4, 1994 July 10, 1974 prepared by Roderick VanTuyl, P.C. which depicts both residential buildings - noted as follows: a. The building closest to Riley Avenue.(referred herein as the front building) is shown with a nonconforming westerly side yard setback at less than 10 feet to the property line from the founda~ tion, and a setback at 13+- feet.from the front property line, The front building is distant from the.easterly side property line, at more than 40 feet, and from the rear prope~y line along James Creek at its closest point approximately 120 feet. b. The accessory building with apartment use (referred herein as the rear building) is shown with a nonconforming westerly sideyard setback at 8+- feet and 27+- feet from the foundation to the ordinary highwater mark shown on the 1974 survey {Scale 50' = 1"}. The rear building contains an open deck area [see prior 1976 permit for deck) which contains a scaled setback at 17+- feet to the ordinary highwater mark. This building is in very good condition without the need for reconstruction. The applicant-owner has assured the Board that there is no plan to reconstruct or replace this building, and no plan is proposed to increase the liveable,floor area and no plan to renovate or modify the building which is affected by the 50% limita- tion under Section 100-24q of the Zoning Code. 4. The basis for which this appeal has been made is a Notice of Disapproval dated April 18, 1994 for a permit to construct alterations to preexisting accessory garage with dwelling unit disapproved on the following grounds: "...Under Article ILIA, Section 100-30A.4 100-33A proposed construction exceeds permitted 18 ft. height for accessory buildings... Action required by the Zoning Board of Ap- peals .... " 5. Section follows: 100-30A.4 refers to Section 100-33A which reads as 100-33A. "...Accessory buildings and structures or other accessory uses shall be located in the required rear yard, subject to the following requirements: A. Such buildings shall not exceed eighteen (18) feet in height .... " 6. It is noted that the use of the subject building is and will remain as an accessory garage with rental apartment in conjunction with Page '3 - A'ppl. No. ~,238 Application of JON C. KERBS Decision Rendered May a,, 199q 6. It is noted that the use of the subject building is and will remain as an accessory garage with rental apartment in conjunction with the main dwellin9 without a proposal to increase unit density; therefore, the nonconformity of this particular use is not an issue properly before the Board at this time. 7. Other relevant technical information considered in this project are also noted below: a) The property in question is located in a Flood Zone subject to new elevation requirements if there will be any proposal in the future to replace the structure (by more than 50% of the total liveable floor area or 50% of the fair market value, whichever is less) for the lowest floor, or utilities, to be a minimum height abeve mean sea level and well as obtaining other environmental agency approvals since the subject premises is located within an Critical Environmental Area established by the County of Suffolk; b) It is noted that the height proposed with the change in the style of the roof. as submitted and shown on the sketch submitted with this application, will be complied with, c) The square footage of the building is not proposed to be increased by this application; d) The subject building is known to be more than 50 years old and is in good. usable/habitable condition; e) Both residential units (in both buildings) preexist the 1957 5outhold Town Zoning Ordinance. 8. In considering this application, the Board also finds: (a) that the relief requested is for an alteration in the roof line without an increase in the floor area of the building; (b) that variance will not be adverse to the essential character of the neighborhood under the circumstances; (c) that the relief cannot be obviated by another method feasible to appellant to pursue, other than a variance; (d) that the difficulties claimed are uniquely related to the property and are not personal in nature to the landowners; (e) in considering all of the above factors, the interests of justice will be served by granting the relief requested, as condi- tionally noted below, Accordingly, on motion by Member Wilton, seconded by P~ge,4 - A'ppl. No. 4238 Application of JON C. KERBS Decision Rendered May 4, 1994 Member Dinizio, it was RESOLVED, to GRANT the requested variance for change and alteration of roof line and roof height for this accessory building with rental apartment, as requested, SUBJECT TO THE FOLLOWING CONDITIONS: 1. The liveable floor area not be increased in any manner; 2. The use and occupancy of the building remain as an accessery to the principal building, as exists, with rental apartment {unless it is proposed at some time in the future to remove the rental apartment at the owner's choice for garage or residential storage,use}; 3. The existing open deck area not be converted for additional year-round, liveable (heated) floor area. Vote of the Board: Ayes: Messrs. Doyen. Dinizio. Villa. Wilton and Goehringer. This resolution was duly adopted. Ik GERARD P. G~E-~IRIN~;ER // CHAIRMAN // ;ECTi IVED . r ND FILED BY ,own Clerk, Tcv,:n of: ~u~:.:itl APPEAI_~ BOARD MEMBERS Gerard E Geehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEAT-~ TOWN OF SOUTHOLD NOTICE OF PUBLIC HEARINGS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS~ at the Southold Town Hall, 53095 Nain Road, Southold, New York 11971, on WEDNESDAY~ MAY ~ 1994~ commencing at the times specified below: 1. 7:30 p.m. Appl. No. 4223 CLAUDE SHER. This is a request for a variance under Article XXIII, Section 100-231, based upon the April 7, 1994 Notice of Disapproval from'the Building Inspector for a building permit to erect fencing around a proposed tennis-court structure which will exceed the maximum height requirement of the code when the front yard. Location of Property: 1480 Old Woods Path, NY; County Tax Map Parcel No. 1000-87-1-21. located in Southold, 2. 7:33 p.m. App1. No. 4236 - ELEFTHERiOS PAPPAS and OTHERS. This is a request for a variance under Article XXIII, Section 1OO-231, based upon the April 19, 1994 Notice of Disapproval (updated from September 21, 1992) for a permit to construct fence/gate and gate post which will exceed four-ft, height requirement when located in the front yard. Location of Property: 68755 C.R. 48, Greenport, NY; County Tax Map Parcel No. 1000-33-5-14. Page 2 - Notice of Heari~ Southold Town Board of Appeals Regular Meeting of May 4. 1994 3. 7:35 p.m. Appl. No. 4232 - THOMAS PALMER and JOAN GIBBS. This is a request for a variance under Article ILIA, Section 1OO-3OA.3, based upon the March 2, 1994 Notice of Disapproval for a lot-line change of two substandard parcels, having insufficient area and width as exist and as proposed. Location of Property: 2140 and 2200 Deep Hole Drive, Mattituck, NY; County Tax Map Parcels 10OO-123-4-4 and 5- 4. 7:40 p.m. Appl. No. 4235 KlM FALLON and CYNTHIA SUTRYK. This is a request for a variance under Article Ill, Section 100-33, based upon the April 4, 1994 Notice of Disapproval for a permit to construct accessory building in 3200 Soundview Avenue, 1000-94-2-5.' the front yard area. Location of Property: Mattituck, NY; County Tax Map Parcel 7:45 p.m. Appl. No. 4231 ALEX AND AFRODITE BOUKAS. This is a request for a variance under Article VII, Section 1OO-71B(2) which requires a lot area of 40,000 sq. ft. per Special Exception use category in the Residential-Office Zone District. The subject premises is nonconforming containing 21,051 sq. ft. in area and 97.76 ft. in lot width. Location of Property: 14695 Main Road, Mattituck, NY; County Tax Map Parcel No. 1OOO-114-8-5. 6. 7:45 p.m. Appl. No. 423OSE - ALEX AND AFRODITE BOUKAS. This is a request for a Special Exception under Article VII, Section 100-71B(2) for the proposed conversion of an existing single-family ~Page 3 - Notice of Hearir~ Southold Town Board of Appeals 'r I~egular Meeting of May 4. 1994 dwelling to professional office(s) in this Besidential-Office Zone District. Location of Property: 14695 Main Road, Mattituck, NY; County Tax Map Parcel No. 1000-114-8-5. 7. 7:52 p.m. Appl. No. 4217 - THOMAS PULS and DONNA RICCO. (Carryover from March 2, 1994). This is a request for a variance under Article Ill, Section 1OO-33 for permission to locate swimmingpool with fence enclosure in an area other than the required rear yard or required front yard. Location of Property: 1350 Eugene's Road, Cutchogue, NY; County Tax Map Parcel No. 10OO-97-6-1.2. 8. 7:55 p.a. Appl. No. 4234 - ALEX AND MARION WtPF. This is a request for a variance under Article Ill, Section 1OO-33C for permission to locate an accessory garage with a frontyard setback at less than the required 40 ft. front yard setback. This parcel is nonconforming with a lot area of approximately 22,000 sq. ft. and frontage (lot width) of 118 ft. Location of Property: 940 West Creek Avenue, Cutchogue, NY; County Tax Map Parcel No. 1OOO-103-13-7. 9. 8:00 p.m. Appl. No. 4238 - JON C. KERBS. This is a request for a variance based upon the April 18, 1994 Notice of Disapproval for a permit to alter roof line for a height above the a preexisting accessory building with garage and (Pre-C.O. No. Z6034 issued 8/1/74); Article ILIA, 18-foot limitation in rental apartment Section 1OO-3OA.4 page 4 - Notice of Heari~ Southold Town Board of Appeals Regular Meeting of May 4. 1994 (ref. 100-33). Location of Property: known as 590 Riley Avenue), Mattituck, 1OOO-143-4-10. 440 Riley Avenue (previously NY; County Tax Map Parcel No. 10. 8:05 p.m. Appl. No. 4226 last hearings calendar). THOMAS KELLY. (Carryover from 11. 8:10 p.m. Appl. No. 4203 KlM CAMPBELL. (Third and Final Hearing). This is a request for a variance under Article based upon the November 30, 1993 Notice of Disapproval for a permit to reconstruct new accessory building, which replaces an accessory building existing prior to September 1993 - and which contained a nonconforming guest cottage use as an accessory to the main residence (see Pre-C.O. #Z5912 dated 5/15/74). Road at East Harbor, Fishers Island, 1000-4-4-16. Location of Property: Private NY; County Tax Map Parcel No. 12. 8:15 p.m. Appl. No. 4203SE - ROBERT E. BIDWELL. This is a request for a Special Exception under Article Ill, Section 1OO-31B(13) for approval of winery uses in existing buildng and proposed building. The site plan shows that the property is situated along the south side of C.R. 48, Cutchogue, NY, is zoned Agricultural-Conservation, and is identified on the Suffolk County Tax Maps as 1OOO-96-4-4.3 containing 15.4+- acres. ' · ~age 5 - Notice of Heari~ Southold Town Board of Appeals Regular Meeting of May 4. 1994 13. 8:25 p.m. Appl. No. 4237 - ROBERT PELLIGRINI. This is a request for an amendment to Special Exception No. 4065 (rendered January 23, 1992, for the processing of grapes grown at the premises and sales of grape wine), to convert a portion of existing building as a cooking facility (kitchen) for private use. Location of Property: 23005 Main Road, Cutchogue, NY; County Tax Map Parcel No. 1OOO-109-1-8.7. 14. 8:35 p.m. Appl. No. 4218 - JOHN STRIPP. (Carryover from last hearing calendar.) Variance for front yard setback of new dwelling. Private Road, Fishers Island. 1OO0-7-2-9. 15. 8:35 p.m. Appl. No. 4220 - dOHN STRIPP. (Carryover from last hearing calendar.) Variance to locate accessory swimmingpool with fence enclosure in the front yard. Private Road, Fishers Island. 1000-7-2-9. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. If you wish to review the files or need to request more information, please do not hesitate to call 765-1809 or visit our office. Dated: April 19, 1994. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. APR i~ 199~ NOTICE OF DISAPPROVAL Date ......................... · .~.~../.a~ ,19~. '.~.. ......... 7' ' ' '/ ...... ,,<.,w.?../y. · ...... PLEASE TAKE NOTICE that y~our application dated .... .~./...~. .............. , lB .?.~. for permit to ~-~/~~~. ~.//¢./2g;~.~. ¢~..~../~.. ~-j/f~-~t.~/ Location of Property/:/~seff~o: ' .~.3....~ ...... ~r.e~. ~6~.~.* ,~. Z .... County Tax Map No. 1000 Section ..../.'~.'~' ..... Block .... ~ ...... Lot .. ~'.~. ........ Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds. ~~.. ~..~..~. f. ~.~.. .,,/~4.~4.. ~.'~?.. :,~,.~.,..4....,.-../...~. ¢.: .~.~. ~..~,~...~~- ,~,.~~. .... ~,~':~?.../~..~.,...~~ .... ~. ..... ~/... ~~f.'~..~.~.:._ ............................... ._. ....... ~.~.~ ....m/~~...~......~. ~...<¢~ ~..~ ~ · ~: .... ~..~ .......... r.... ~:di~nspector RV 1/80 BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 ' TEL.: 765-1803 CALL ...... o ....... ... HA~L TO: . · (BuUdb~ Inspector) APPLICATION FOR BUILDING PERMIT IN~I'RUCTIONS * a. This application must be completely filled in by typewriter or in ink and submitted to the Bulldin~ Inspeetor, with. sets of plans, accurate plot plan to scale. Fee accordin~ to schedulo. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or, public st~et or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appl: cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this appUcation, the Building Inspector will issued a BuUding Permit to the applicant. Such penni shall be kept on the premises available for inspecUon thxoug, hout the work. c. No building shall be occupied or used in whole or in pan for any purpose whatever until a Certificate of Occupanc: shall have been granted by the BuUding Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Pm'mit pursuant to th, Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws. Ordinance-, o Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as hcr~in de.~aibcd The applicant agrees to comply with all applicable laws, ordinances, building code, housing cod..e, and regulations, and tt .'-- (Mailing address of appli,~nt) State whether applicant is owner,.lessee, agent, a~chitect, engineer~ general contractor, electrichn, plumber or bu/lder. . Name of owner of premises ........................................................................ (as on the tax roil or latest deed) Zt' applicant is a corporation, signature of duly authorized officer. (Name and t/tlc of corporat~ of£~e~) Builder'~ Linen.~ No .......................... Plumbcr's License No ......................... Electrician's License No ....................... Other Trade's License No ...................... 1. Location of land on which proposedwork will he done ............... .... .... Hou~ Number Street Hamlet County Tax Map No. 1000 Section / c/~ ~..~.. . .................. Block ............... Lot Subdivision ..................................... Flied Map No ............... LOt ............... (Name) 2. Slate existing use and occupancy of premises and intended uso and occupancy of proposed const$ction: ' , ~./ b. Intended usg and oc.c. up~ncy . $ ~.w~ 3. Nature of work (check W~jl~pplic~ble): New Building .......... ~ddition ..... Rep~ ......... , .... ~ov~ .............. D~o~fion . ~... ....... · ~~~ ..... '" 4 ~atedCost . . ' ' Fee ~.. ' _ 5 If dwelling number of dwe~ units / Number of dwe~s uni~ o~ Ifg~ge numberofc~ ls~o ' ' 6. If bugne=, commc~ or m~cd ~up~, spec~y natu~ ~d extent of ea~ ~ 0f u~ . ; 7. Diman~ , o" ex' ting s~ctu,s, if =y: Front .... ~ = ~ i' :[ HeiSt .. ;. Numar of Sto~ ~ ......... -- ........ ,..... p ...... D~e~o~ of ~c s~ctur~ wi~ .~rafio~ or addifio~:~mnt .. ~ ~ ~ ~. p~ 2 Z · He~t ~ a~ ......... , Numar of.Sto~s .... ~ ...... . ....... 8 Di ~ f n~e ne stmcfion: Front 'Re~ , · ~p~ Height ............... Numar of Stories ........... ~ ............ ~'i ................. ; .......... 9. Sizeoflot: Front ....... ~.~. ........... ~ .... ~}. .............. ~,,~ 2~o ~ . ,0. .... ....... a.a. 11. aonc or u~ u~ct ~ w~ p~m~s ~ ~tuatcd .... ~. Z .... .. · ! 2. Does propo~d co~ction vio~ any zo~ ~w~ ~n~ or ~-,~tion: . ~ 6 ~ ' 1~. wm lot ~e reg~aea ...... ~ .... ti" ~' ......... Will exc~ f~b~ rempvcd from p~m~: Yes 14. N~e of Owner ofptcm~s . ~ ~ .~¢ff~ ...... Addtc~ .~. ~. ~ .... Phon~ No..~. ~.. N~e of~tect ........................... Add~ . .~ ~ ~ p~,, ~ a~e ot cont~ctor .......................... ~d~ ........ ..; ........ Phon~ No ............... 15. Is chis property vichin 300 feeC o~ a tidal wnCland~. *Yea.~ ..... No...; · I~ yes, Souchold T~ TruaCee~ Pemic ~y be required.. P~T D~ Locate clearly ~d ~tincfly ~1 bu~d~, whe~er exist~g or pm~d, ~d. ~dicate ~1' ~t-b~k d~e~o~ fm~ prope~ ~ncs. Give street STATE OF NEW YORK, . COUNTY OF .$.,/?. £ ?..c..~ .... S.S. -. ~--~ 0.. .'. ~ ........... being duly sworn, depots ~d ~ys ~t ~ ~ ~ appH~t (Name of individu~ si~g con,act) above namcd. He is the ' (Contractor, agent, corporate officer, crc.) of' said owner or owners, and is duly authorized to perform or have performed the said work and to make and f'd~ this application: that all statements contained in this application are true to the best of his knowledge and bcllef; and that the work will be performed in thc manner set forth in thc application £ded therewith. Sworn to befotc me this · .......... .......... day I INDA F. KOWAL~KI · N~a~eub~,S~eo~.New¥od~ ~. (Signature of applioant) .,n- .Qualified In Suf folk Camry Commlaalon F. xpit~s Nov. 30, 19 .~ "-" · RECEIVED APR I 8 1994 TOWN OF SOUTHOLD, NEW YJJ~hold Town Clerk APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE .............................. TO THE ZOI~ING BOARD OF A~PEA~ S, TOWN OF SOUTHOLD, N. Y ,. ................ o, ....... ....................... ..... ~'reet and,/Number · ,,, /1 , /Nonce of Appellant ........................... .¢. .............................................................HEREBY APPEAL TO Municipality THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR D[~NIED TO ........ ,. .............. ......................... Name of Applicant for permit / , .... ~ ~'~'J]['~'J l~J)~FJ~ .................. /~t~ni'"'~'~ I]~ .................... ~tat""~ ........ 'J ............. ( ) PERMIT TO USE ( ) PERMIT F~D~R OCCUPANCY LOC^T,ON OP THE PROPERS' ....... .~.~...~.'.~.~.~:C....~!~'.~C~..,g~.= ~-~ 0 - Street'/Hamlet / . Use District or~ Zo~i~"~ District 1000 Sectionlq:SBlock~-Lot)O ^ ' .\~ ................................ ~ ......... ,z..burrent Owner kj ~ k.,_ -~.e~-~J Mop No. 'Lot No. Prior Owner 2. PROVISION (SI OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do~not quote the Ordinance.) Article ~'~ Section /dD<~)- ~ y~ ~,~Y ~J ~-~'c /~d~Y-~Odoz~ 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (/~ A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chop. 62 Cons. laws Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (has~ been made with respect to this decision Of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appea! No ................................. Dated ............................. , ........................................ REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (~) A Variance to the Zoning Ordinance ( ) is requested for the reason that (Continue on other side) REASO,~I FOR APPEAL Continued 1. STRICT APPLICATION OF TITLE. ORDINANCE,would produ,ce practicaJ difficulties or unmec~es- ~c ~v~ ~ ,c~ ~' . r~ ~ZI:)_ L.,~L~,' . 2. The hardship crated is UNIQUE and is not shared by all prape~ies alike in the immedi=te vicinity of this property and in this ~sedistrict because . ~ 3. The Variance would observe the spirit of the Ordinance and ~WouL~D NOT CHANGE TIlE CHARACTER OF THE DISII~.C'I- because i "~ u3 du ~C:~ ' '.,,--'~x'~,~e-- ~ ~ STATE OF NEW YORK ) COUNTY. OF, . ~ Signature ................ MARY ANN CYBULSKI Notary Public, State of New York Residing in Suffolk County No. 52-5895900 Commission Expires April 30, FORMER OWNER TOWN OF $OUTHOLD ~rI~OPERTY RECORD CARD STRE N ~,~ S VILLAGE LOT DISTRICT SUB. -~CREAGE 0,35 TYPE OF BUILDING W LAND IMP. TOTAL DATE REMARKS .~ T~Z DC ~ / o / MISC. Est. Mkt. Value AGE NEW NOPJV~L BUILDING CONDITION ABOVE FRONTAGE ON WATER BELOW Value Per Acre Form Acre Value FRONTAGE ON ROAD Tillable 1 BULKHEAD Tillable 2 DOCK Tillable 3 Woodland Swampland Brushland -- Ho~se Plot : : ' : :' ~ .~ ':: ;; . T~tal ^. Bldg. ~xtension ~ ixtension xtension ?0 6'J~Foundotion jBasement Ext, Walls Fire Piece Por~h Porch Floors Interior Finish Heat Roof Type Rooms 1st Floor Rooms 2nd Floor Dormer ~:...~t,.' PUBLIC HEARINGS BOARD OF ZONING APPEALS TOWN OF SOUTHOLD May ~, 19L~ (7:30 P.M. Hearings Commenced) P R E S E N T: HON. GERARD P. COEHRINCER, Chairman SERGE DOYEN, Member JAMES DINIZIO, JR. Member ROBERT A. VILLA, Member RICHARD C. WILTON, Member LINDA KOWALSKI, Clerk-Assistant to Board APPLN. # APPLICANT INDEX PAGES 4223 4236 4232 4235 4231 4217 4234 4238 4208 4235 4203SE 4237 4218 & 4220 CLAUDE SHER ............. .................. 3-6 ELEFTHERIOS PAPPAS ........................ 6-8 THOMAS PALMER .............................. 9-12 KIN FALLON AND CYNTHIA SUTRYK ............. 12-25 ALEX AND AFRODITE BOUKAS .................. 25-29 THOMAS PULS AND DONNA RICCO ............... 29-29 ALEX AND MARION WIPF ..................... 29-51 JON C. KERBS .............................. 51-54 KIN CAMPBELL .............................. 55-62 KIN FALLON AND CYNTHIA SUTRYK ............ .62-63 ROBERT E. BIDWELL ......................... 63-70 ROBERT PELLEGRINI ......................... 70-74 JOHN STRIPR ............................... 74-80 P~cje 51 - Hearing Transc'~l~'pt Regular Meeting of May 4, 19~L[ Southold Town Board of Appeals MRS. WIPF: We'll we see you on Saturday or Sunday? MR. WILTON: Hopefully on Saturday morning. MR. WlPF: Thank you very much, that's very nice of you. MRS. WlPF: Sunday is Monday's Day, you don't want, you know. MEMBER WILTON: I won't be anywhere on Mother's Day then. Thank you for reminding me. MR. CHAIRMAN: Is there anybody else who would like to speak either for or against this? I see no hands I'll make a motion recessing the hearing to the next regular scheduled meeting. BOARD CLERK: That's for June 1st. MR. CHAIRMAN: All in favor? MEMBERS: Aye. 9:00 P.M. MR. CHAIRMAN: Appeal No:4238 in behalf of Je~llll~s, a request for a variance based upon April 18, 199L[, Notice of Disapproval as a permit to alter roof line for a height above the 18 foot limitation preex~stlng accessory building and garage and rental apartment; Article 111A, Section 100-30A.1~. Location of property 4[[0 Riley Avenue, (previously known as 590 Riley Avenue), Mattituck, N.Y. County Tax Map Parcel No. 1000-1~3-~-10. We have significant pictures in the file. We have pictures of the structures or the drawing as proposed and I have a copy of the Suffolk County Tax indicating this and surrounding properties in the area. We have a survey from Robert VanTuyl, P.C., indiEating the approximate placement of the building as it exists on the property. Page 52 - Hearing Tra~ Regular Meeting of May ~t. 191ttt Southold Town Board of Appeals MR. KERBS: My name is Jon Kerbs, I'm asking for this variance, it's about t[ feet higher than it is now, the average height. It is an accessory building, the other buildings around are, the fellow who redid the house next door is of similar height. This is an accessory building, that's why I need the variance. I donut think in my opinion I don't feel it's going to stick out in the area, it's not like a regular building that .... ~0-50 feet high, it's just that this is an accessory building so I, I therefore do need a variance. I've spoken to all my neighbors that I could find. Some of them don't live around there full time. There's a letter in the that was sent to the Board from one of my neighbors who lives right alongside saying that he's in favor and he feels it would be an improvement, I showed him what I want to do, I didn't just what to do something and surprised him, and I wanted to explain what I had. So he's in favor of it. He just spend a lot of money on his hotj~e~,~ he's very happy to see me do this kind of thing on my house. I also since then, spoke to another neighbor directly across the street and he wrote a little letter saying that he would be in favor of, of improvement on this variance and another neighbor who is alongside of him who also said they would be in favor of it. I guess the point is that I~m trying to make is I'm, I'm really ..... to you. I'm trying to improve the area. I'm trying to do something nice. There are things I can do that I wouldn't need a variance but I donut think they'd be as nice as this. - .... what I'm trying to figure out what we work out and I guess that's it. P~ge 53 - Hearing Trans~l~pt Regular Meeting of May 4, 19~ Southold Town Board of Appeals MR. CHAIRMAN: You utilized this building. This is where you live? You live totally in this? There, is, is, you utilized the entire building? MR. KERBs: Yes. MR. CHAIRMAN: OK. Does anybody have any questions of Mr. Kerbs? MEMBER VILLA: When he says he lives in this, the building that you're going to be working on is the accessory building or the front building? MR. KERBS: The accessory building I live in. It's a, I think it's just a, I just said that, it's just ~ feet high than it is now, the average height. MR. CHAIRMAN: Is anybody, does everybody understand exactly what he wants to do? MEMBER DINIZIO: Mr. Kerbs, you're not changing anything? The foundation, or really the footprint of the building? MR. KERBS: Everything is within the footprint, I'm not changing the foundation. MEMBER DINIZIO: You're not going to cover up the side stairway that goes up, that's going to, not be over this .... ? MR. KERBS: Right, just, just the roof. The roof is going to go out over the existing deck, that's what it is. We intended to use that 20 years ago when I built that deck it was great to sit outside, now I go to a skin doctor, now have to burn skin cancer off, my daughter sits out there on the open deck -- an open deck does not have the allure that it use to. MEMBER DINIZIO: Does the de~k remain open, on the sides? Page 5~, - Hearing )ipt Regular Meeting of May 4, 19t[~ Southold Town Board of Appeals MR. KERBS: Yeah, I'd like to screen it some day. That's, within, within the building points. MEMBER DINIZIO: Yet, you wouldnJt have no objections to our saying that, then, I mean that it not be livable space, year round livable space? MR. KERBS: Yeah, that's not, that's not going to be a. MEMBER DINIZIO: That's all I got. MR. CHAIRMAN: Does anybody have any objections to it? Bob? MEMBER VILLA: No, I~11 make the motion that we approve it? MR. CHAIRMAN: OK, I just have to ask and see if there is anybody else that wants to talk. Is there anybody else in the audience that would like to speak either for or against this application? I see no hands. MEMBER VILLA: OK, make a motion that we approve it as applied for with the stipulation that .... . MEMBER DINIZIO: I'll second it. MR. CHAIRMAN: What was that stipulation? MEMBER DINIZIO: Well that it not be made into livable year round habitable space, I guess. MR. CHAIRMAN: You mean the outside area? MEMBER DINIZIO: Yeah, the deck, the screen ---. MR. CHAIRMAN: Yeah, OK, and you second it, Jim. MEMBER DINIZIO: Yes, I do. MR. CHAIRMAN: All in favor? MEMBERS: Aye. ~ DEPARTMENT OF PLANNING ROBERT J. (~AFFNEY SUFFOLK COUNTY EXECUTIVE STEPHEN M, JONES, A.I.C.P. DIRECTOR OF PLANNING May 31, 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 Conm~ission 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 File Number(s) Kerbs, Jon C. 4238 Very truly yours, Stephen M. Jones Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner APPEALS BOARD NIEMBERS Gerard R 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 Pursuant to Article XIV of the Suffolk 'County Administrative Code, The Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Ccr~aission: XX ~Variance from the Zoning Code, Article IIIA , Section 100-30A.4 (ref. 100-33) Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No: 4238 Applicant: don C. Kerbs Location of Affected Land: 440 8iley Ave., Mattituck, NY County Tax Map Item No.: 1000- 142-4-10 Within 500 feet of: 'Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Comments: Applicant is h~ight above the i8'foot Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Within One Mile of a Nuclear Power Plant ~Within One Mile of an Airport requesting permission.to limitation in alter roof line for a a preexistin9 accessory building with garage and rental apartment. ~-6-pies of Town file and related documents enclosed for your review. Dated: May 26, 1994 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A, Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD May 26. Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 1994 Mr. Jon C. Kerbs 440 Riley Avenue Mattltuck. NY 11952 Re: AppI. No. 4238 - Variance for Change in Roof Line/Height Dear Mr. Kerbs: Enclosed please find a copy of the Board's Findings and Determina~ tion rendered at our May 4. 1994 Regular Meeting. Before commencing construction activities, please be sure to return to the Building Department and any other agency which may have jurisdiction in this project for reviews and issuance of appropriate permits. For your convenience, we have furnished the, Building Department and Town Trustees with copies of this determination for their permanent recordkeeping,and,update. Also. we have transmitted a copy of this file to the Suffolk County Department of Planning, in accordance with the Suffolk~ County Administrative Code rules and regulations pertaining to 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 recordkeeping. Very truly yours. Linda Kowalski. Clerk Southold Town Board of Appeals Enclosure cc: (With copies of this determination to:) Town Building Inspectors' Office Suffolk County Department of Planning Southold Boardof Town Trustees April 20, 1994 Town of Southold Main Road Southold, NY 11971 Re: Petition for variance by Mr. Jon C. Kerbs As owners of the adjacent property, we have no objections to the planned improvements as outlined by Mr. Kerbs. We look forward to the renovation as a continuing improvement to the neighborhood by its property owners. It is one of three projects that have been instituted in the past two years. It is in keeping with the general aesthetics of the area and contri- butes to the overall improvement of property values. We hope that the board will rule favorably on Mr. Kerbs' request. Very Truly Yours, Friedman,, Harris +Partners ~dYe~fi$ing / marketing 125 Wireless Bivd,, Suite B, Ha uppauge, NY 11788 (516) 231-1431 / FAX'(516) 231-1433 · ~=~ TOWN OF SOUTHOLD : T~w~ Cle~k's O~ce -- Sou~hold~ ~, ¥, Cerfit:icate C){: Occupancy, .......... Date Aug ~ ~.~. T~ZS CERT~ tb-_t the building located at S. r.E/.S...~!..ley Ave Street ~ap No.~:W. ,.D.....R~.e~lock No ........... Lot No.. 13 ..... ¥~.t.~ck~..~.J.. ....... ~u.i. em nt for one famil dwell Certificate of occupancy dated . .Bsfor. e. Apzll. 2~.., 19.~.7.. pursuant to wh/ch ~ No~.(~O~... dated ......... August...~...., 19.7..~., was ~sued, and confornu to a~ of the require- ments of the appUcable prov~ions of the law. The occupancy for wMch th~ certificate h' hsued ~ Priv.a. te. one f..a~.lly dwelling + & accessor build.i.n.~ with garage & The certff/cate h ~sued to Estate of .Wm.: .E... Folkes rental apartment (owner, lessee or tenant) of the aforesaid bu/ld/ng. Suffolk County Department of Health Approval p.r.e..-, existin UNDERWRITERS CERT~ICATE No ~.re- existing Riley Ave HOUSE NUMBER .. ~.9. Q ........ Street .......................................... ......... ...... BuildLng In~ector ", ~venue; Mailing List for 51~,lga.- Hearings Notice: Claude A. Sher q3 Ridge Road Searington. NY 11507 Rudolph H. Bruer, Esq. Main Road Southold, NY 11971-1q66 Mr. Thomas A. Palmer P.O. Box 218 Cutchogue. NY 11935 Kim Fallon 55 Harbor View Avenue Mattituck. NY 11952 Mr. Jon C. Kerbs qqO Riley Avenue Mattituck. NY 11952 Mr. Frank Cichanowicz Briarcliff Landscape · P.O. Box 222 Peconic. NY 11958 Samuels. S Steelman Architects 25235 Main Road Cutchogue~ NY 11935 Stephen L. Ham III, Esq. 115 Hampton Road Southampton, NY 11968 Mr. Henry E. Raynor. Jr. 320 Love Lane Mattituck. NY 11952 Mr. and Mrs. Alex Wipf 9~0 West Creek Avenue Cutchogue. NY 11935 Mr. John Thatcher F.I. Nature Conservancy P.O. Box 132 Green Village. NJ 07935 Robert T. Bayley, AIR 150 LAKEVIEW Terrace East Marion, NY 11939-0595 Delivered to NEWSPAPERS 4/19/94 Copies of all files in beard boxes and to Chairman 4/19/94. Copy of legal notice to: Town Clerk (for coord.) Building Dept. Posted on Town Clerk Bulletin on 4/19/94. Board APPEALS BOARD MEMBERS C, erard P. Goehringer, Chairman Ser~ 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 April 15, 1994 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4238 Project/Applicants: Jon C. Kerbs County Tax Map No. 1000-143-5-10 Location of Project: 440 Riley Ava., Mattituck, NY Relief Requested/Jurisdiction Before This Board in this Project: Proposed altereti0n will exceed permitted 18' height for accessory building This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 1990}. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)}, this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, $outhold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. mc JUDITH T. TERRY TOWN CLERK REOIST~,AR OF V~TAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION 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: FROM: DATE: RE: Zoning Board of Appeals Office of the Town Clerk April 18, 1994 ZONING APPEAL APPL. NO. 4238 - JON C. KERBS Transmitted herewith is ZONING APPEAL APPL. NO. 4238 - JON C. KERBS together with the Notice of Disapproval from the Building Dept., a copy of the application for a Building Permit, a copy of a Property Map, a copy of the Certificate of Occupancy, a copy of a letter from the Board of Town Trustees to Mr. Kerbs dated June 1, 1993, the Short Environmental Assessment Form, the Questionnaire from the Zoning Board of Appeals, the Notices to Adjacent Property Owners, a copy of the Building Permit, a copy of the Property Deed, a copy of the proposed roof, a copy of a set of building drawings, a copy of a tax map and a copy of a location map. Judith T. Terry Southold Town Clerk APR 2 2 April 20, 1994 Board of Appeals Town of Southoid Main Road Southold, NY 11971 Re: Petition for variance by Mr. Jon C. Ker~s As owners of the adjacent property, we have no objections to the planned improvements as outlined by Mr. Kerbs. We look forward to the renovation as a continuin§ improvement to the neighborhood by its property owners. It is one of three projects that have been instituted in the past two years. It is in keeping with the §e~neral aesthetics of the area and contri- butes to the overall improvement of property values.~ We hope that the board will rule favorab~ly on Mr. Kerbs' request. Very Truly Yours, Jo,~eph H. and Eleanore Friedman Friedman, Harris +Partners advertising / marketing 125 Wireless Blvd., Suite B, Hauppauge, NY 11788 (516) 231-1431 / FAX (516) 231-1433 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF [ PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of. Southold, that the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, MAY 4, 1994, commencing at the times: specified below: 1.7:30 p.m. Appl. No. 4223 - CLAUDE SHER. This is a re- quest for a variance under Ar- ticle XXIII, Section 100-231, based upon the April 7, 1994 Notice of Disapproval from the Building Inspector for a building permit to erect fenc- ing around a proposed tennis- court structure which will ex- ceed the maximum height re- quirement of the code when located in the front yard. Location of Property: 1480 Old Woods Path, Southold, NY; County Tax Map Parcel No. 1000-87-1-21. 2. 7:33 p.m. Appl. No. 4236 - ELEFTHERIOS PAPPAS and OTHERS. This is a re- 'iquest for a variance under Ar- ~ticle XXIII, Section 100-231, ~ased upon the April 19, 1994 ~aotice of Disapproval (up- ted from September 21, !1992) for a permit to construct fence/gate and gate post which !will exceed four-ft, height re- iqalrement when located in the front yard. Location of Pro- A~) p.m. Appl. No. 4235 - FALLON AND CYN- SUTRYK. This is a re- quest for a variance under Ar- ticle III, Section 100-33, bas- ed upon the April 4, 1994 Notice of Disapproval for a permit to construct accessory building in the front yard area. Location of Property: 3200 Soundview Avenue, Mat- tituck, NY; County Tax Map Parcel 1000-94-2-5. 5.7:45 p.m~ Appl. No. 4231 - ALEX AND AFRODITE 'BOUKAS. This is a request for a variance under Article VII, Section 100-71B(2) which requires a lot area of 40,000 sq. ft. per Special Exception use category in the Residential-Office Zone District. The subject premises is nonconforming containing 21,051 sq. ft. in area and 97.76 ft. in lot width. Location of Property: 14695 Main Road, Mattituck, NY; County Tax; Map Parcel No. 1000-114-8-5~ i 6. 7:45 p.m. Appl. No. 4230SE i - ALEX AND AFRODITE i BOUKAS. This is a requesti for a Special Exception under I Article VII, Section 100-71B(2) for the proposed i conversion of an existing single-family dwelling to pro- fessional office(s) in this! Residential-Office Zone i District. Location of Proper- ty: 14695 Main Road, Mat- tituck, NY; County Tax Map Parcel No. 1000-114-8-5. 7. 7:52 p.m. Appl. No. 4217 - ! THOMAS PULS and DON- [ NA RICCO. (Carryover from March 2, 1994). This is a re-: quest for a variance under Ar- ticle III, Section 100-33 for perty: 68755 C.R. 48, Green- i permission to locate swimm- port, NY; County Tax Map6g !ng pool with fence enclosure Parcel No. 1000-33-5-14. in an area other than the re- 3.7:35 p.m. Appl. No. 4232 - THOMAS PALMER and JOAN GIBBS. This is a re- quest for a variance under Ar- ticle ILIA, Section 100-30A.3, based upon the March 2, 1994 Notice of Disapproval for a lot-fine change of two substan- dard parcels, having insuffi- cient area and width as exist and as proposed. Location of Property: 2140 and 2200 Deep Hole Drive, Mattituck, NY; County Tax Map Parcels 1000-123-4-4 and 5. quired rear yard or required front yard. Location of Pro- perty: 1350 Eugene's Road, Cutchogue, NY; County Tax Map Parcel No. 1000-97-6-1.2. 8. 7:55 p.m. Appl. No. 4234 - ALEX AND MARION WIPE This is a request for a variance under Article III, Section 100-33C for permis- sion to locate an accessory garage with a frontyard set- back at less than the required 40 ft. front yard setback. Thig parcel is nonconforming with, a lot area of approximately, t 22,000 sq. 'ft: ~l~rontage (lot Width) of 118~Location of PropeYty:' 940 West Creek Avenue, Cutchogue, County Tax Map Parcel NO. 1000-103-13-7. 9. 8:00 p.m. Appl. No. 4238 - JON C. KERBS. This is a re- quest for a variance based upon the April 18, 1994 Notice of Disapproval for a permit to alter roof line for a height above the 18-foot limitation in a preexisting accessory building with garage and ren- tal apartment (Pre-C.O. Z6034 issued 8/1/74); Article IliA, Section 100-30A.4 (reL 100-33). Location of Property: 440 Riley Avenue (previously known as 590 Riley Avenue), Mattimck, NY; County Tax Map Parcel No. 1000-143-4-10. 10. 8:05 p.m. Appl. No. 4226 amendment to Special Exgep- tion No. 4065 (rendered January 23, 1992, for the pro- cessing of grapes grown at the premises and sales of grape wine), to convert a portion of existing building as a cooking facility (kitchen) for private use. Location of Property: 23005 Main Road, Cutchouge, NY; County Tax Map Parcel No. 1000-109-1-8.7. 14. 8:35 p.m. Appl. No. 4218 - JOHN STRIPP. (Carryover from last hearing ~alendar.) Variance for front yard set- back of new dwelling. Private Road, Fishers Island. 1000-7-2-9. 15. 8:35 p.m. Appl. No. 4220 - JOHN STRIPP. (Carryover from last hearing calendar.) Variance to locate accessory - THOMAS KELLY. (Car-: swimming pool with fence ryover from last hearings; enclosure in the front yard. calendar). I Private Road, Fishers Island. i 1000-7-2-9. 11. 8:10 p.m. Appl. No. 4203 I The Board of Appeals will - KlM CAMPBELL. (Third at said time and place hear any and Final Hearing). This is a and all persons or represen- request for a variance under t tatives desiring to be heard in Article based upon the the above matters. Written November 30, 1993 Notice of comments may also be s~b- Disapproval for a permit to mitted prior to the conclusion reconstruct new accesory of the subject hearing. Each building, which replaces an ac- hearing will not start before cessory building existing prior: the times designated above. If to September 1993 - and which you wish to review the files or contained a nonconforming ! need to request more informa- guest cottage use as an ac- tion, please do not hesitate~to cessory to the main residence call 765-1809 or visit our (see Pre-C.O. No. Z5912 dated office. 5/15/74). Location of Proper- Dated: April 19, 1994. ty: Private Road at East Har- BY ORDER OF bor, Fishers Island, NY; Coun- i THE SOUTHOLD TOWN ty Tax Map Parcel No. ] BOARD 1000-4-4-16. OF APPEALS i GERARD P. GOEHRINGER 12. 8:15 p.m. Appl. No. 4203SE - ROBERT E. BIDWELL. This is a request for a Special Exception under Article III, Section 100-31B(13) for ap- proval of winery uses in ex- isting building and proposed building. The site plan shows that the property is situated along the south side of C.R. 48, Cutchouge, NY, is zoned Agricultural-Conservation, and is identified on the Suf- folk County Tax Maps as 100-96-4-4.3 containing 15.4+ acres. CHAIRMAN 'By Linda Kowalski IX4/21/94(80) ,' 13.8:25 p.m. Appl. No. 4237 - ROBERT PELLIGRINI. This is a request for an COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in SuHolk County; and that tile notice of which the annexed is a printed copy, has been published in sa~d Long Island Traveler-Watchman once each week for ..................... ~ ..... weeks successively, commencing on the ......... ?7?./. 77. ...... day of. ............ 19 ..... Notary Public BARBARA A. SCHNEIDER NOTARY PUgLIC, SIate of New York -- NOTICE O----~'-~-~'------ PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of thc Town Law and thc Code of Ibc Town of SouthoM. Ihat Ihe following public hearings will be held by Ibc SOUTHOLD TOWN BOARD OF APPEALS, at the Soulhold Town Hall, 53095 Main Road. Southold. New York 11971. on WEDNESDAY, MAY 4, 1994, commencing at thc limes specified below: I, 7:30 p.m, Appl. No. 4223 CLAUDE SHER. This is a request for a variance under Article XXlH. Section 100-231. based upon lbe April 7, 1994 Notice of Disapproval from the Building Inspector for a building permit to erect fencing around a pro- posed tennis-court suuclure which will exceed the maximum height require- ment of the code ~hen located in front yard. Location of Property: 1480 Old Woods Path. Southold, NY; County Tax Map Parcel No. 1000-87- 2. 7:33 p.m. Appl. No. 4236 -- ELEFTHERIOS PAPPAS and OTHERS. This is a request for a vari- ance under Article XXIIL Section 100- 231, based upon Ihe April 19. 1994 Notice of Disapproval (updated from September 21, 19921 for a permit to construct fence/gate and gale post which will exceed four-D, height ~qmremem when loeatad in the front yard· Location of Property: 68755 C.R. 48, Grcenpon. NY: Counly Tax Map Parcel No. 1000-33-5-14. 3. 7:35 p.m. AppL No. 4232 THOMAS PALMER and JOAN GIBBS. This is a request for a vari- ance under Article IliA, Section 100- ' 30A.3, based upon the March 2. 1994 Notice of Disapproval for a lot-line change of two substandard parcels, having insufficient area and width as exist and as proposed. Location of Property: 2140 and 2200 Deep Hole Drive, Martituck. NY; County Tax Map Parcels 1000-123-4.4 and 5. 4. 7:40 p.m. Appl. No. 4235 -- KlM FALLEN and CYNTHIA SUTRYK. This is a request for a STATE OF NEW YORK) ) SS: EOUNTY OF SUFFOLK) ~~' ~ of Mattituck, in said County, being duly sworn, say~ that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at M~ttituck, in the Town of Southuld, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regular- ly published in said Newspaper once ~ week for / weeks successively, commen~.ixg on the ~-..I day of~Ol"l'l 19~. RICCO. (Carryover from March 2, "¢HRIb-q'INAVO _LII~..KI YO~ /~1 '..z.L. · building and proposed building. The JOHN STRIPP. (Carryover from last 19941. This is a request for a variance under Article 111, Section 100-33 for permission to locate swimmingpool with fem:e enclosure in an area other site plan shows that the property is sit- uated along thc south side of C.R. 48, Catchoguc, NY, is zoned Ag~cultural- Conset~adon, and is idcmlfiad on the Suffolk County Tax Maps as I000-96- 4.43 c~ntaining 15.4± acres. ~13. g:25 p.m. AppL No. 4237 -- ROBERT PELLIGRINI. This is a ncquesf for an amendment to Special Exception No. 4065 (rendered January 23. 19~2., for the processing of grapes grown at the premises and sales of grape ~incl, to convert a portion of existing'~buiiding as a cooking facility (kitchcq~ for private use. Location of Propert),: 23005 Main Road; Cutehogue, NY; County Tax Map 14. 8:35 p.m. Appl. No. 4218 -- JOHN ~rRIPp. (Can'~over from last hearing {alendar ) Variance for frost yard sed~ack of new dwelling. Private Road, Fishers Island. 1000-7~2-9. ' 7915-1TA21 15. 8:35 p.m. Appl. No. 4220 -- -- heating calendar.) Variance to locate accessory swimmingpoo! with fence enclosure in the front yard. Private Road, Fisber~ Island. 1000-7-2-9. The Board of Appeals will at said time and place hear any and all per- our office. , . · - - ~ ~} '. Dated: April 19, 1994. artec under Article IlL Section ]00-33, thc 18-foot [imitation in a preexisting based upon the April 4 1994 Notice ~f accessory building with garage and Disapproval for a permit Io construcl ;~mai apartment (Pre C O No 7.5 -~ '- . ::¥.~;~fssued 8/1/74); Article Ilia Sect' area. Loca~l~,~e~to~e, ~:'"'ff-f0O 100-30A.4 (ref. 100-331. Lo~arion~ Soundview Avenue, Martituck, NY; Property: 440 Riley Avenue (previous. County Tax Map Parcel 1000-94-2-5. ly known as 590 Riley Avenue), 5. 7:45 p.m. Appl. No. 4231 -- ALEX and AFRODITE BOUKAS. This is a ~quest for a variance undcr Anlcle VII, Section 100-71B(2) which requires a lot area of 40,000 sq. ft. per Special Exception use category in the Residential-Office Zone Dislfict. The sub~ect premises is nonconforming' containing 21.051 sq. ft. in area and 97.76 ft. in Iol width. Location of Property: 14695 Main Road. Mattituck, NY; County Tax Map Parcel No. 1000-114-8-5. 6. 7:45 p.m. Appl. No. 4230SE -- ALEX and AFRODITE BOUKAS. This is a request for a Special Excep- tion under Article VII. Section 100- 71B(2) for thc proposed conversion of an existing single-family dweIHng to professional office(si in this Resi- dential-Office Zone Dislrict. Location Malrituck, NY; County Tax Map Parcel No. 1000-143-4-10. 10. 8:05 p.m. Appl. No. 4226 -- THOMAS KELLY. (Carryover from lasl hea~ngs calendar). : II. 8:10 p.m. AppL No. 4203 -- KlM CAMPBELL· (Third and Final Heating). This is a request for a vari- ance under Article based upon the Ngvember 30. 1993 Notice of Disap- proval for a permit to reconstruct new accessory building, which replaces an accessory building existing prior lo September 1993 -- and which con- tained a nonconforming guest coltage use as an accessory to the main resi- dence (see Pre-C.O. #Z5912 dated 5/15/74). Locadon of Property: Private Road at East Harbor. Fishers Island, NY; County Tax Map Parcel No. of Property: 14695 Main Road, 12.8:15 p.m. AppI. No. 4203SE__ bf. /tuck, NY; Cou~ly Tax Map ROBERT E. BIDWELL Th~s ~ P 000- 485 - ' 'sa ' ' · request for a Special Exception under · ~,~A approval of w nery uses in existing APPEALS BOARD M~MBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wil~on Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD April 19. 199tl. Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: RE: Applicants Public Hearings - May q. 199~, Dear Sir or Madam: We are in receipt of. your recent application under the Southold Town. Zoning Ordinance and= have,forwarded notice for publication this,week to the local and official newspapers of, the Town. to wit: Long Island Traveler and Suffolk Times. Copies of your file have, been distributed to the Board Members for additional review and individual, on-site-inspection, expected within, the next 10~ to 10, days. If you, have-not already,staked the proposed new construction,- we ask that you please do so immediately, It is requested that one,of the property owners, or if the property owner is not available,, then someone fully familiar with the property, appear at the public, hearing at the time specified in:, the attached Legal Notice. If your presentation will be lengthy: a draft or final, written copy is always appreciated. You should feel free to submit: additional, documentation to support this application at. any.time before, or during, the public.hearing. If you have any questions~ please call our office. Yours very truly. Enclosure Linda Kowalski Clerk. Board of Appeals 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 completed by Applicant or Project s~onsor) E. WILL PROPOSED ACT[ON COMPLY WtTN EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? E] No I~ NO, describe briefly WHAT IS PRESENT ~ND USE IN VICINI~ OF PROJE~? ~ Residential ~ Industrial ~ Commercial ~ Agriculture ~ Par~ForesuO~en s~ace ~ Ot~er STATE OR LOCAl? ~~Yes ~ NO If yes. list agency(s) and ~ermi~aoDrovals 11. ~OES ANY ~$PECT OF THE ACTI~ HAVE A CURRENTLY VAUD PERMIT OR APPROVAL? ~ Yes ~N- If ye:, ~ist agency name and 0ermttla~roval CERTIFY.~OV~.. ~_ ~ ~ ~THAT THE INFO TION PRO DEOA OVE IS TRUE TO THE BEST OF MY KNOWLEDGE 0ate: I! the action is in the Coastal Area, and you are a state agency, complete ttte 1 Coastal Assessment Form before proceeding with this assessment 1 OVER 1 on reverse side') The N.Y.S. Environmental Quality Review Act requires of thls form, and an environmental review will be made by submission before a-~y action is taken, this board SSORT ENVIRONMENTAL ASSESSMENT FO~! ~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. ~ (d) Environmental Assessmen~ 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 ~ un~ual land forte on the site? .___Yes NO 3. Will project alter or have a large effect on an.existing body of water? 4. Will projec~ have a potentially large impact on groundwater quality? ___Yes ~ NO 5. Will project significantly effect drainage flow ~ on adjacent sites? Yes NO 6. Will project affect any threatened or endangered plant or animal species? Yes ~ NO 7. Will project result in a major adverse effect on air quality? 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas ~ . known to be important to the community? _.__Yes NO 9. Will project adversely impact any site or struct-' ute of historic, pre-historic, or paleontological importance or any site designated as a critical ~ enviroamental area by a localagency? .___Yes No ~0. Will project have a m~jor effect on existing or future recreational opportunities? _ Yes _~No 11. Will project result in major traffic problems or cause a major effect to existing transportation V -' ' systems? 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ~ anco 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 ~Yes No period or have a major negative effect on the ~ charact~ of the community or neighborhood? QUESTI0~;AIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of %he owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a descriDtien of their interests: (S~parate~shegtjma~be attached.) B. Is the subject premises listed on the real estate market ~or sale· or being shown to prospective buyers? { } Yes {~ No. (If Yes, p]~e a~-h ~y ~f "candi~,, of sale.) C. Are there =ox %~ruposal= tu c~ange ~rr alter lnd c~tc~? { } Yes No D. 1. Are there any areas which contain wetland grasses? ~._ 2. ~ the ~tla~d ~re~hcwn on the map submitted wi~-~-~ un~s application? ~ u 3. .Is the property bulkhea=ed between the wetlands area and the upland building area? ~ o 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? ~ 3 E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? ~ (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which e~t ~d are not ~h~wn on the survey map that you a~ s~bmitting? ~,~ If none exist, please state "none." · G. Do you have any construction taking place at this time concerning your premises? ~/o~ If yes, please submit.a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or ~ny co-owner also own other land close to this parcel? _ A/~ If yes, please explain where or submit copies of deeds. I. Please_list ~r~sRnt operations conducted at this parcel ~,~,,~ f use or proposed use ~ ~6 and Aut~iza~ $ignauure and Da~e 3~7, 1Q/901k § 97-13 WETLANDS § 9%13 TOWN -- T~e Town of Sout~ld. TRUSTEES -- The Board of Trustees of the Town of Son,hold. [Added 6-5-84 by L.L. No. 6-1984! ~-V'E ~"I.~A~N'DS [Amended 8-26-76 by L.L No. 2-1976: 3-26- A.' iDXL W TLXNDS: (1) All lands generally covered or in~rmittenfiy cov- ered with. or which border on. tidal wa~, ar lands lying beneath tidal waters, which at mean low tide are covered by tidal waters ~ a maximum depth of five (5) feet, including bu~ not limited ~ banks. bogs. salt ma~h, swamDs, meadows, fla~ or other low lying lands subject ~ tidal action; (2) All banks, bogs. meadows, ~a~ and tidal marsh subjec~ to such tides and uuon which grows or may ~ow soma or any of the followin~ sak hay, black g~ss, saltwort, sea lavender, mil cord~s, high bush, cattails, grouu~eL m~ahm.llow ~d ~w (1) (3) All Lurid immediately udjacen~ t0 a tidal wet}and as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the moss landward edge of such a tidal wetland. FRESHWATER WETLANDS: "Freshwater wetlands" as defined in Article 24. Ti- tle 1. § 2-I-0107. Subdivisions l(a) to l(d) inelusiva. of the Environ'mental 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. -"~. ss T rolr. M NO. d, TOWN OF SOUTROLD BUnnlNC, DEPARTMENT Town Clerk's Office $outhold, N. Y. Certificate Of Occupancy No Date ' THIS CERTIFIES that the building located at S..-.E/.S...P~..~.e.y..Axe. .......... Street M~p No.l :t!/. :.D.....P4. }..eBlock No ........... Lot No.. ] 3 ..... l~i,~;$;[.t, tlq~,..Il.' :If.. ....... reouirements for one family dwelling & Housin Code conforms substanti~Uy to th~~ ~%~-~I~ T ~ou~s~ng buil~ Certificate of ~¢upancy dated . .Befor. e. April. 2~.., 19.~.7.. pursuant to which ~m~ dated ......... Au.~ust...1...., 1~.7..~., was issued, and conforms to ~U ment~ of ~he applicable provisions of the law. The occupancy ~or which th~ eer~t~ is~ issued is Private one family dwelling + & accessory buildinE ~ith garage The eert~ca~e ~ issued t~ Estate of Wm..E.: Folke$ rental apartment (owner, lessee or tenant) e~ ~he a~oresaid bufldiug. Su~o1~ Coun~y Depar~me~ o! Healt~ Approval Rte- existing existing LrNDERWRITERS CERTIFICATE No. ~.r..e? ....................................... HOUSE NI~ER .. ~.9.Q ........ S~ree~ .. Ril. e~ Ave ............ Building InSpector FORM NO. 2 TOWN OF $OUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE $OUTHOLD, N. Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PI~EMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) N? Z A ril Date .......................... Permission is hereby granted to: Jon C. ](erbs Riley Ave Mattituck at Lot 1 Ma of G. at premises located .............. ,.~a ....... ~. .... ~.~,~..~..g~.~ .............................................. Riley Ave Mattituck N.Y. April pursuant to application dated 19 76, ........................................................ , ........ and approved by the Building Inspector. Fee $..1.,.~.~..0..0. ........... / TRUSTEES John M. Brcdcmcycr, ill, President Albert J. IOupski, Jr., Vice President Hcnr~ E Smith John B, Tuthill Will/am G. Albertson 'l~lcphonc ($16) 76~-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 Southoid, New York 119'/1 June l, 1993 Jon C. Kerbs 440 Riley Ave. Mattituck, NY 11952 Re: Jon Kerbs SCTM i 1000-143-5-10 Dear Mr. Kerbs: The following action was taken by the Board of Trustees at their regular meeting of May 26, 1993: RESOLVED that the Southold Town Board of Trustees approved the request for a waiver to construct a 22' X 30' addition to the building as shown on the attached survey. This addition will be on the landward aide of the existing building. Cover the existing deck with a roof. Screen in the lower deck. Dr~wells will be installed. If you have any questions, Please call our office. Very truly yours, 3I/B:djh 7691 ,'A E265 n enture, Made the 2nd day ot August nineteen hundred endseventy four ~gtWtg~ M. Morton Edmiston, Jr. residJ,g at 30 South Broadway, Yonkers, New York, 10701 as executor of the Estate of William E. Folkes, Jr. under the last will and testament of William E. Folkes, Jr. ]ate of Riley Ave., Mattituck, N.Y. :': . . A/'o ,~: and Jori ~:'Eerbs, resxdxng on/tMiddle Road, SUffolk ~d S~a~e of New York. deceased, part y of the first part, Southold, County of itnts t , that the part y party of the second part, of the ~rst part, by virtue of the power and authority to me given in and by said last will and testament, and in consideration of Thirty-six Thousand ( ~6,000.00 ) Dollars, lawful money of the U~ited States, do es hereby grant and release unto the part y paid by the part y of the second part, of the second part, and as~gns forever, ~[H that certain plot, piece of parcel of land, situate, lying and being in Mattituck, in the Town of Southold, County of SuffoLk and State of New York, known and designated as Lot No. 1~ on a certain map entitled, "Map of Property of George H., Wm. T., and D. T. !Riley" and filed in the Office of the Clerk of the County of Suffolk on !November 27, 1928 as Map No. ~86, being more particularly bounded and described as follows: !.-.------- - ~-~ ~' ' the divisxon line between Lots 1~ and 1~ '~IaN~a~G~:t~t~.~dt~: southerly, side of Riley Avenue (Private)where on the aforesaid map, said point or place of beginning being also distant $75 feet easterly as measured along the southerly side of Riley Avenue (Private) from the corner formedy the intersection of the southerly side of Riley Avenue (Private)bgith the easterly side of Bay Avenue; R~nning thence along the southerly side of Riley Avenue (Private) North 70 degrees ~' 00" East 75.00 feet to the division line between Lots 12 and ~: Thence along said division line the following two courses and distances: (~) South ~9 degrees 29' 00" East 144.30 feet: (2) South 65 degrees ~O' East 28 feet More or less to the northwesterly and westerly side of James Creek; Thence southerly and southwesterly along the northwesterly and westerly side of James Creek ~00 feet more or less to the division line between Lots IThence along amid division line the following two courses and distances: !(1) North 68 degrees ~0" West 18 more or less feet; (2) North 19 degrees 129' 00" West 20~.20 feet to the southerly side of Riley Avenue (Private) at the point or place of BEGINNING. SUBJECT to any state of facts an accurate survey may show. SUBJECT to covenants, restrictions, reservations and easements, if any, of record. had at the time o£ h ~' decease in said premises, and alsAe estate therein, which the part y o£ the 5rst part ha ~; or ha 8 power to convey or dispose o[, whether individually, or by virtue of said will or otherwise. ~,O ~abg ~ilZ~ m ~0~ the premises herein granted unto the part o£ the second part, and assigns torever, The grantor, in compliance with Section 13 o[ the Lien Law, covenants that the grantor will receive the consideration [or thls conveyance and will hold the right to receive such consideration as a trust £und to be applied ~rst £or the purpose o£ paying the cost o£ the improvement and that the grantor will apply the same ~rst to the payment o£ the cost o£ the improvement before using any part o£ the total o£ the same £or any other purpose. ~ the party o£ the ~rst part covenantB that he ha 8 not done or suffered any- thing whereby the said premises have been incumbered in any way whatever! the pa.y o£ the rst part hand and seal the day and year ~rst above written. hereunto set ~/ -- , - ..... - ~- STATE OF ~ TRANSFER TAX NEW YOrK ~b_t~ of ~ YORK (aunt~ o[ SUFFOLK On the 2nd day o£ August heJore me came M. MORTON EDMISTON, JR. nineteen hundred and Be=e~ty f ou~ to me known and known to me to be the indlvJdual described in, and who executed, the £oregoing in- strument, and acknowledged to me that he executed the same, ~ ~t~tt of ~ ss. ~ount~ of Off the day o~ ' * 99 be£ore me came to me known, who, being by me duly sworn, did depose and say that he resides in that he lsthe o~ the corporation described in, and w~ich executed the £oregolng instrument; that he knows the seal o£ said corporation; that the seal a~xed to said instrument is such corporate seal; that it was so a~xed by order ol the board ot o1 said corporation; and that he signed h name thereto by llke order. rlTUCI~ 11952 COUNTRY 35 ?PORT AURE , G R E A T P E CONIC ~!~ AY 36 SEE MAP NO.26 31 38 FOR ADJOINING AREA SEE MAP NO,26 NOR TH 0Id Cove ~C. NEW SUFFOLK RACE 39 ACTION OF T~E ZONING BOARD OF A~eal No. 1091 ~at~ A~ ~o~ o~ ~ z~o ~o~ o~ ~ ~ ~ vo~ o~ ~o~ Appellant at a meeting of the Zoning Board of Appea~ on ~l~e ~P 11, 1~ ~s co~dered and the action ~dic~d ~1~ w~ ~ken on yo~ ( ) ~u~t for ~ri~oa due to lack of ~ W p~erty (~ Requ~t for a special exc~tl~ ~der ~e Z~g Or~e ( ) ~uest for ~ ~ria~e ~ the Zo~ ~e ( ) the appeal 1. SPECIAL EXCEPTION. By resolution of the ~oard it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article ............... Section ................ Subsection ................ paragraph ................ of the Zoning Ordinance, and the decision of the 2uU~= Im~pector ( ) be reversed ( ) be confirmed becausa 8J30 IJ4,~ (B,D,I,S',), Upim ali~lLgmtJ~m of w:tllXam I and varl~m~o, ill ElmCOrW v:Lth the ~mLug Ordlnm~o, Art~Xo, XXX, 303, Article X, aeet:Lon 1000A, for perntfe~to d~v~do pzoperty~ /~GatJ~n Of l~i~rtys e~tb eilt l~.do.RLl.ey Ave~m, ~to~ numbor 12, e, ll, 12ey& Oth~l, MittLt3~Ck, Eev 2. VA~,IANCE. By' resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnecessary hardship because (b) The hard~hip created (is) (is not) unique and (would) (would not) be shared hy all properties al~e in the immediate vicinity of this pro~rty and in the same use district because (c) The variance (does) (does not) observe the apirit of the Ordinance and (would) (~vould not) change the character of the district because and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that tho previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. ZONING BOA/~D OF APPEALS The Board f~ndo that 8~rlct aPPlJ~at~on of ~ ~ Therefore, It ~ao iIBS~,VBD W:Llll~m B. and HlAda ~o d~v~do propor~ aa appXted for. Lo~ae~ou of proper~y, Xoe ,X Sta~e Zyce.c¢ /4 · JUDITH T. TERRY, TOWN CLERK Town of Southold Southold, New York 11971 Phone: 516-765-1801 FOR: RECEIPT 050223 BOARD OF ~PPEALS, TOWN OF SOUTHOLD In the ~tter or the Petition of to the Board of Appeals of the Town of Southold NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That i~t.~ intention of the undersigned to petition the Board of Appeals of the Totem of Southold to request a~(Special Exception) (Speeiat Permit) (Other) [circle choice] ). 2. That the propertvwhich ~tlle subjec/of the Petition i~I loc%ted ,~liacent .to, your property and is des- cribed as follows: ~ ~']~0 ~ %~-~ A~ (V[~, ~ ~ ~ - 3. That the property which is the subiect of such Petition is located in the following zoning district: ., 4 That ht suc.b Petition. the undef~gned_wi~l request the fol,lo~ing relief: --Jt"o . C.~u~-k~R-- , J. That the provisional the Southold Town Zoning Code applicable to the [etief sought by the under- [ ] Section 280-A, He~ York 'Town La~ fo~ approval of access over r~gh[(s)-of-way: 6. That within five days from the date hereof, a written Petition requesting the retief s~cified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there ex~ine the same during resular office hours. (516) 765-[809. 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 th~ Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear:nd be he. ard at, ch hearing. Dated:: Z.~ ' 19 ?f' . . Petitioner Owners ' Names: Post Office Address JON C. KERBS 440 RILEY AVE. MATI*ITUCK, NY 11952 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NAME PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK) , residing at , being duly sworn, deposes and says that on the day of ,19 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresse~ of said persons as shown on the current assessment roll of the .Town of Soulhold; that said Notices were mailed at the United States Post Of- fice at ; that said Notices were mailed to each of said persons by Icertified) (registered) mail. Sworn to before me this day of .,, 19 Notary Public (This side does not have to be completed on form transmitted to adjoining property owners.) BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of : to the Board of Appeals nf the Tnwn nf Southold : NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Thar iT i, 1he intention of the undersigned to peritlon the Board of Appeals of the Town of Southold to request a~ariance~Special Exception] (Special Permit) (Other) [c£rcle choice] 2. That the propertvwhich i~tlle subieclof the Petiki~n i~i located ~liacem ~q your property and is des- 3. That the property which is the subject of such Petition is located in the following zoning district: 5. Thai the provisions~of the Southold Town Zoning Code applicable to rhe~elief sought by the pnder- [ ] 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 5outhoid Town Clerk's Office at Main Road, Southold, New York and you may then and there exa, rnine 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 B6ard of Appea~; tha~ a notice of such hearing must be published a{ 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 th~ Town of Southold and designated for the publication of such ngtices; that you or your representative have the right to appear and be heard a~ sgch hearing. . Petitioner Owners ' Names: Post Office Address JON ~ KERB~ - 440 RILEY AVE. I~IAUlIUCK, NY 11952 Tel. No. [Copy of sketch or plan purposes.] showJng proposal to be attacheO~o~.,~onveaience PROOF OF MAlt, lNG O~: NOTICE AT~ACH CERTIFIED FtAII'- RECEIPTS ADDRESS Z 760 492 \ Receipt for Certified Mail No Insurance Coverage Provided ,~ Do not use for International Mail (See Reverse) /V/,~ A.~ ~.. r~ ~ ,, Z ?~ ~ ~57 .Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail (See Reverse) Certified Fee Special Delivery Fee Re~rn Rec lng ~ark o~ D~ ~vie./7%/U~.~/~ f~./r.~ , being duly sworn, depGses a/nd says that on the /~/ day of t/-'/'~ ,~i ( ,19 ~/ deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set oppos te their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current as~e~nept rl~of the.Town of Sou~hold; that said Notices were mailed at the United States Post Of- rice at ~-------~c>~A.,~-~ ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to ~!;Ul~fore _.me this day o.r Notary Pu~ic MARY ANN C'YIIULSKI Notaw Public, State of New ¥o~ Residing in Suffolk County No. 52-5895900 C~omrniss~on Expires ADril 30. 19_~ (This side does not have to be completed on form transmitted to adjoining property owners.)