HomeMy WebLinkAbout4270
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
Appl. No. 4270:
Application of EILEEN FARRELL Variance based upon the
August 22, 1994 Notice of Disapproval from the Building Inspector
wherein applicant requested a building permit to construct addition
and alteration to a nonconforming building with a nonconforming use,
and which permit was disapproved under Article XXIV, Section
100-243 of the Zoning Code which does not permit enlargement,
reconstruction, structural alterations, or movement unless the use of
such building is changed to a conforming use. The subject premises
contains a total lot area of 28,710+- sq. ft. and contains the
following nonconformities: more than one single-family dwelling on a
substandard lot; nonconforming easterly side yard. The following
expansion is proposed: new addition which will increase the floor
area, and proposed deck addition. Location of Property: 760 Great
Peconlc Bay Boulevard, Laurel; Tax Map Parcel 1000-145-2-7; also
shown on the Map of Dudley Park filed September 17, 1928 as Lot 3.
WHEREAS, a public hearing was held on October 5, ~994 at
which time all who desired to be heard were heard and their
testimony recorded (and no opposition was submitted); and
WllEREAS, the Board has 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 as well as the surrounding
areas; and
WHEREAS, the Board made the following findings of fact:
1. By this application, appellant is proposing to add a 19.6'
by 24' wide addition at the northerly end of the existing dwelling,
and to add a proposed deck at the southerly end of the existing
(northerly) dwelling, all as more particularly shown on Drawings A
dated 8-3-94 prepared by Surer and Suter, Architects, and shown on
the survey prepared by Young & Young last dated March 30, 1985
with sketched-in additions.
Page 2 '- Appeal No. 4270
Decision - EILEEN FARRELL
Regular Meeting of October 5, 1994
2. The premises in question is nonconforming as to lot area of
26,354 sq. ft. in an R-40 Low-Density Residential Zone Districts.
Also nonconforming is the fact that there are two dwellings,
constructed prior to zoning in 1957 since the zoning code requires
40,000 sq. ft. of land area per dwelling unit.
3. The dwelling which is the subject of this variance is the
northerly buJJdlng which contains a total first floor area of 1,027
sq. ft., second floor area of 360 sq. ft., for a total existing floor
area of 1,387 sq. ft. Proposed by this application is an increase
of the first floor by 456 sq. ft. and second floor by 270 sq. ft.,
for a total building area of 2,113 sq. ft. for both floors. The
amount of relief requested is for a total increase of 726 sq. ft.
(over the existing 1,397 sq. ft.). The remaining second dwelling
structure, which is also single-family, is located approximately
69 feet to the appro×imate highwater mark along Peconic Bay.
4. The setbacks for new areas of building construction are
noted for the record as follows:
(a) northerly front yard at 40 to 41 feet, at its closest
point;
(b) easterly side yard, remaining at 6.5 feet at its
closest point;
(e) westerly side yard, remaining at 20 feet, at its
closest point.
5. Article XXIV, Sections 100-243A, 100-242 and 100-241A of
the Zoning Code provides that enlargement of a nonconforming
building with a COnforming use (or nonconforming use) may not be
increased as to the degree of nonconformance. The subject premises
is nonconforming as to total lot size with two dwelling units,
containing a total lot area of 28,710+- sq. ft., and contains a
nonconforming easterly side yard.
6. It is the opinion of the Beard Members that suffieient
practical difficulties have been demonstrated by the appellants to
warrant approval, and the board finds and determines:
(a) the relief, as requested, is not unreasonable and is
the minimal necessary to afford relief, while at the same time
preserving and preteeting the character of the neighborhood and the
health, safety and welfare of the community, without predueing a
undesirable change to nearby properties;
(b) the difficulties imposed are uniquely related to the
property and are not personal in nature;
Page 3' - Appeal No. 4270
Decision - EILEEN FARRELL
Regular Meeting of October 5, 1994
(c) the grant of the variance will not be detrimental to
the safety, health, welfare, comfort, convenience, or order of the
town and neighboring properties;
(d) the benefit sought cannot be achieved by a method
other than a variance;
(e) the benefit granted to the applicant is a total square
footage of 726 sq. ft. without an increase in density since the
dwelling will remain as a single-fsmily use;
(f) the variance as granted will not have an adverse
effect or impact on the physical or environmental conditions in the
neighborhood or district since the expansion is landward of existing
building areas as well as being constructed at the second level of
the building;
(g) the difficulties claimed are not self-created since
the dwelling preexists the zoning regulations;
(h) in view of all the above, the interests of justice
will be served by granting the relief, as further noted below.
Accordingly, on motion by Chairman Goehringer, seconded by
Member Dinizio, it was
RESOLVED, to GRANT relief for an additional 726 sq. ft. of
living area, plus open rear deck addition, in the Matter of the
Application of EILEEN and JOSEPH FARRELL, as applied and noted in
the above findings.
Vote of the Board: Ayes: Messrs. Doyen, Goehringer, Dinizio,
VilLa and Wi]ton. This resolution was duly adopted.
GERARD P. GOEHRING~ER, CH~I~-
RECEIVED AND FILED BY [
THE SOUTHOLD TOWN CI.I~IK
Town Clerk Town of Soulhold
TOWN OF SOUTIIOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTIIOLD, N.Y.
NOTICE OF DISAPPROVAL
" Date August 22,
.......................... 19 9
To Babette Suter- &/C ~seph E. ~arrell
.... P.O. Box 389 '.
....... ~t Morlches, ~.¥. 11940
PLEASE TAKE NOTICE that your application dated .. ;' ~gt,~t. $ ............... 19 .q~..
~rpermit to Construct an addition and alteration
Location of Property 160 Great Pec~nie Bay Boulevard l,aurol
Hous~ ~. Street ....
County Tax Map No. I000 Section 145 Block 2 7 t~mter
Subdivision Dually Park Filed Map No. : ............... Lot No.
is returned herewith and disapproved on the ~llowing grounds ...~ qqR%q%n.fprm)pg. ~!~SJOJPg ....
· .Y~Y~.a non-conforming uge shall not be enlarged, reconstructed or structurally
altered or moved unless the usy o£ such building is changed to a conforming
use. ^rtlele XXlV 100-243.
1/80
FORM NO. t
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN HALL
SOUTHOLD, N.Y. 11971
TEL,: 765-1803
Received ........... ,19...
proved ................. 19... Permit No ............
.... ....
(Building Inspector)
APPLICATION FOR BUILDING PERMIT
INSTRUCTIONS
a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3
; of plans, accurate plot plan to scale. Fee according to schedule.
b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets
areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli-
ion.
c. The work covered by this application may not be commenced before issvance of Building Permit.
d. Upon approval of this application, tBe Building Inspector will issued a Building Permit to the applicant. Such permit
,11 be kept on the premises available for inspection throughout the work. _
e. No .building shall be occupied or used in wBole or in part for any purpose whatever until a Certificate of Occupancy
dl bav~ Been granted by the Building Inspector.
APPLI~)tTION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the
ilding Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable I_~ws, Ordinances or
gulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described.
e applicant agrees to comply with all applicable laws, ordinances,~building code, housipg code, and regulations, and to
mit authorized inspectors on premises and in building for necessary i~/~ ///g. il~
. .e3. . .¢.. ..................
..... (m~iling address o[ applicant)[&~--l~
general
contractor,
electrician,
plumber
builder.
late wBether applicant is owner, lessee, agent,~li_~ngineer,
or
ame of owner of premises ..... ° ...................................................
{as on the tax roll or latest deed)
~ applicant is a corporation, signature of duly authorized officer.
(Name and title of corporate officer)
, -
Builder s License No ................... .~5~...
Pl.mber s ~icense NOElectrician s License No ...... ~ .~.~- ·~61;'~ '~ ......
Other Trade s License No. ~ ..................
Locationoflandonwhid, proposed work will be done.~~ ~ ~L~O '
.................................................. .................
llouse Number Street Hamlet
County Tax Map No. ,000 Section .... ~.45 ........ ,lock. 00~ ........ Lot .~.~. .........
S,,bdivisio,.. OUO.~.~...~ ......... Filed Map No ............... Lot. ~. ..........
(N:uue)
State eMstiug use and occupancy of premises al~d intemled use aud occupancy of proposed construction:
k.. a,,d .....................
~nded use and occupancy ~ ................... t ........ :'~ .-~ ..................................
~iir ........ .~.. Removal .............. Demolition .............. Other Work '
........... , escr, p,,on)
If dwelling, number of dwelling units.. / (to be paid on filing this application)
............. Nmnber of dwelling units on each floor .............
If garage, number of ears .................................................. ; .....................
If business, commercial or mixed occupancy, specify~atu..[e and extent of eaCa~ty41e of use ......... ~.~. .........
,D~n.,e.n, sions ~.~;iflting stmc. t, ures., if an_y_: Front '/7: &"~' ....... Rear ..: .(,..~4c. ...... Depth...~--{~3 .........
~m, enmons ofxso~_e structure with alterations o~d. Ci~tipns: Front ...(/,.-~"~... Rear''' '~ ..........
pth ...... {Oik~:2 ............ Height ...: .C.-~{,.-.~, ........ Number of
,mens, ons~e)l~,re new construct,on: Front. I .~./~-'[ ....... Rear ............... Depth . i~.'~, i ........
Height ....c_ .t_. ...... Ntm~ber of Stories. ~ ....................
Size of lot: Front ..... . .~..~t ........... Rear .... .' .~.~-. ........... Depth ...~..~.. .....
Date of Purchase . (.~. ~2 ..... ~ Name of Former Ow .... ' ......
Zone or use district in which premises are situated. 1/.~ ......... . ............ 2..' ..............
Does proposed constru[t~..v~jolate any zoning law, ordiuance or regulation:'-~.. ~.
Will lot be regraded .'71; .~;.~_.,. ~ ~- mill e~*~-~ ill' be re
Name of Architect ..~...~. 't L'-I¢~__. A~'f'l~.~ ~' {(~' ' '
Name of Contractor .......................... Address ................... Phon_~ No ................
Is this property located withinl.00 feet of a tidal wetland? * Yes .~.. No .....
If yes, Southold Town Trustees Permit may be required.
PLOT DIAGRAM
.ocate clearly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dimensions from
erty lines. Give street and block number or description according to deed, and show street names and indicate wlietlier
ior or corner lot.
E OF NEW ~ORK,.~-~: IL
' ~' ~) '~' (fihL;~'~-' '~iL~'- ~"~ -'?~. · ~C-C .... being duly sworn, deposes and says that he is the applicant
(Name of individual signing contract)
named.
he
(Contract~ corporate officer, etc.)
i owner or owners, and is duly authorized to perFOTIti-~or~ ~ have performed the said work and to make and file this
~tion; that all statements contained in this application are true to the best of his knowledge and belief; and that the
All be performed in the manner set forth in thc application filed therewith.
to before me th~s ~-. ~.('~. ~,1 (4
...... day of '/9' '-" ~..'(. S. 9..
Publi ,~...~..~/c:~.'(d. 44.~.'..~..Z.c?.C.'./~.. County ,~ . Z ',l /
~alifiedln Sutt~k CounW.~' ] ~ ~ / -- (Signature of applicant)
~,mlsaion E~es De~m~r B, ~ t
RECEIVlID
TOWH OF SOUTHOLD, NEW YORK
I 1994
APPEAL FROM DECISION OF BUILDING INSPECTORsouthold/0: °~- ~fVJTown CI®II~ATEAPPEAL..............................NO' ~ ~ ~ ~
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
l, (We)...£ILEF,~L.£~PJ?EJ,,[, .................................. of ..... 7.62..Ee,,[d.C,..{~.Cy...[~.l.y.d., .............................
Nome of Appellant Street and Number
Municipality
NY
............................ HEREBY APPEAL TO
State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ............................. DATED .......................................
WHEREBY THE BUILDING INSPECTOR DENIED TO
( )
( )
(X)
Bobette Suter a/c Ooseph E. Farrell
Name of Applicant for permit
of P.O. Box 389, East Mori~hes, NY
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
Building Permit to construct an addition and alteration
1. LOCATION OF THE PROPERTY ...,7.O.O..~.~.G.gj0.j.c~..~y...[~.]..v..d.= .........................................................
Street /Hamlet / Use District on Zoning Map
Dist~'ict 1000 Section 145 Block 2 Lot 7._.Current OWner Eileen Farrell
Map No. 'Lot No. Prior Owner ..
2. PROVISION. (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.)
Article XXlV Section 100-243
3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box)
(X) A VARIANCE to the Zoning Ordinance or Zoning Mop
( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. L~Ws
Art. 16 Sec. 280A Subsection 3
()
4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision
Of the Building Inspector or with respect to this property.
' Such appeal was ( ) request for a special permit
[ ) request for a variance
and was made in APpea! No ........ ~ ........... L .......... ;Dated .................. ~ ......... .; .....................................
REASON FOR APPEAL
( )
(X)
( )'
is requested for the reason that Applicant seeks to construct an addition
of a hon.-conforming ·residence.
A Variance to Section 280A Subsection 3
A Variance to the Zoning Ordinance
and alteration
(Continue on other side)
REASON FOR APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sow HARDSHIP because applicant seeks to construct an addition and alter a non-
conforming residence. The reason this residence is non-conforming is because the
subject premises contains two houses, both of which were constructed prior to zoning.
The applicant lives in the house loc.ated on the South end of the property.~.The
house in question is located on the north end of the property, and has always been
utilized as a single-family residence. The existing first floor of the said house
consists of 1027 square feet, and would be increased by an additional 456 feet for
a total floor area of 4483 square feet. The existing footage of the second floor
is 360 square feet, to be increased by an additional 270 square feet for a total of
630 square feet. The applicant seeks to make the renovations since she has a
Grandson who is handicapped, and the addition and alteration would make the house
more suitable for his use. The applicant has no intention of abandoning the
residential use of the house, and the denial of the variance to increase the siz6
and make interior alterations would only serve to create practical difficulties and
unnecessary hardships to the applicant, particularly in light of the unique
requirements of her Grandson, for whom the alterations are intended.
2. The hardship created is UNIQUE and is not shared by all prope~ies alike in the immediate
vicini~ of this property and in this use'district because the subject premii:Ses co~t~pS tWO
residences which were constructed prior to zoning, and accordingly the eec6nd ·
residence on the north end of the property is a non-conformimg use:.'
3. The Variance would observe the spirit of the Ordinance and ~VOULD NOT CHANGE THE
CHARACTER OF THE DISTriCT because the subject premises had contained two houses
which' have been continuously occupied since prior.to ~oning. The applicant does not
intend on abandoning the residential use of the hobse on the north end of the
property which she seeks to enlarge and ~lte/. Both houses eh'the property are
aubstantial in character, and the g~anting of the variance would i~ no way change
the characte~ of the neighborhood, but would only serve to permit alterations to:the
2nd. residence which would make the house more. suitable for the applicant's.~randson
who is handicapped.
COUNTY OF SUFFOLK ) .......................
Sworn to th s ........ ./......1..s..t...J ................... day of....Sep~rJll?..e..r. ........... 19 94
........ i
~ " NOtar~ NEiq~EN ~ _
/ o o ~ --/,~,~.,, ~-? TOWN OF SOUTHOLD PROPERTY RECO AR 4//~.p .~ ~
OWNE~ ST"Ea"-'-760 V~cU,,GE mst.
FoyEr OwNer~ N
~ '" '?,~,~,'~s. w ~.~o~
~ND IMP. TOTAL DATE RE~RKS
-I/' .I I
/¢~o I~.~oO '/~oo '~J~/~l ~°/8o/~'SP~l~&lI-Re~ecR~
FA~ Acre Value Per ~aJ~e '
Acre
illable 1
illable 2
'ushland FRONTAGE ON ROAD
~ ,. ,
. COLCR
TRIM
M. BldcL /"/ ~ ~ ~:~: I~/~ ~.~'o ~ ~. ~/..~ Foundation Bath l Dinette
.,,.
. ~ g ~ O-' ~O ~,~O ~ O Basement SLABCRAWL Floor~ Kit
E~ens~on
,F,~ ~ ~ ~ /~ ~ ~o 5~~ Ext. Walls Interior Finish L.R.
xten ,on ~ ~ [~ Fire Place Heat D.R.
Patio Woodstove BR.
Porch Dormer Fin. B.
~ck Attic
Breezeway Rooms 1st Floor
Garage Driveway Rooms 2nd Floor
Pool
,~.3, ?70 7.ft.
OWNER.
FORJ~ER OWNER~
s, ~.Io s~s.VL
IMP.
FARM
Tillable
Tillable 2
Tillable 3
Woodland
Swampland
Brushland
Hou~ se Plot
I~:~'oO
Acre
TOWN OF SOUTHOLD PROPERTY RECORD, CARD'~- /v/
D~ST.I SUB. LOT
STREET'
N
TOTAL
VILLAGE
W
ACR.. 'J
TYPE OF BUILDING/ ,-, '
FARM COMM. CB. Mkt. Value
DATE
Velue Per /Vo~e
Acre
REMARKS ~L-~ae~.. C~L ~ ['~7 '
FRONTAGE ON WATER
FRONTAGE ON ROAD
DEPTH
BULKHEAD
DOCK
COLOR
M. Bldg.
Extension
Extension
Extension
Porch
Porch"
Breezeway
Garage
Patio
o~. B.
Foundation
Basement
Ext. Wails
Fire Place
Roof
F~ecreation Room
Dormer
Driveway '
Both
Floors
Interior Finish
Heat
Rooms 1st Floor
Rooms 2nd Floor
· TOWN OF SOUTHOLD PROPERTY RECORD CARD
OWNER STREET VILLAGE DIST. SUB. LOT _.~
S W TYPE OF BUILDING
RES. SEAS. VL. FARM COMM. CB. MISC. Mkt. Value /
LAND ~MP. TOTAL DATE REMARKS
AGE BUILDING CONDITION
NEW NORMAL BELOW ABOVE
FARM Acre Value Per Value
Acre ' '
Tillable 1
Tillable 2
Tillable 3
Woodland
Swampland FRONTAGE ON WATER
Brushland FRONTAGE ON ROAD ~)"~A~j
Ho~se Plot DEPTH
~ BULKHEAD
,
Tot,a ~: i:' I' DOCK
M. Bldg.
Extension
Extension
Extension
Porch
Garage
Patio
O.B.
Total
COLOR
TRIM
Foundation
Basement
Place
Type Roof
Recreation
Dormer
/ ~ ~ ~' Driveway
Bath
Foors ~
Interior Finish
Heat
Rooms 1 st Floor
Rooms 2nd Floor
COLOR
TRIM
c e Bath Dinette
, t~x~e~e FULL
,-¢,~ ~ ~ ~ ~ ~ = J~O ~,~ ~ O Basement SL*aCaAW~ Floors Kit.
~n~on ~ ~ / ~ = ~ ~ ~o ~ Ext. Walls Interior Finish LR.
~xten ion
rF,~ ~ X /[ = 5 3 ~o /~ FirePlace Heat D.R.
Patio Woodstove BR.
Porch Dormer Fin. B.
Deck Attic
Breezeway Rooms 1st Floor
Garage Driveway Rooms 2nd Floor ~
O.B.. ~r fl~ ~ ~ o
Pool
i',,~ SEP - 8, 994 !!!~: '
~URVEY
.E~ FARRELL
PARK"
OF
CO., N.Y.
SCALE: !"= 40'
SOUTHOLD eUa~ANT[ED TO:
FFB. 9, 1966
21, 1984
1085
NO. 84,-
! OC:T 94
VV~ I::)o N/CrT- Ol~J~ (~'r-
T~ ~::>~--'m-F~ OI'-J OF- 'Z. DN IN (~
NAt~IV~p_~ ~U.i~TT.E.D F~y
'~'1'I'~,_~ J,'~,~.__, .~::,~i:~i~.~.LL/
APPEALS~3ARD 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
October 19, 1994
Gary Fl~nuer Olsen, Esq.
P.O. Box 706 - Main Read
Cutchogue, N.Y. 11935
Re: Appl. No. 4270 - FAleen & Joseph Farrell - Variance
Dear Mr. Olsen:
Please find attached a copy of communications from the Suffolk
County Department of Plannino~ which results from their review
under the Suffolk County Administr~Itive Code for projects
located within 500 feet of a state or county highway, estuaries,
creeks of the Peconic Bay area, West Harbor, Fishers Island
Sound, Long Island Sound, and its tributaries.
This copy is for your update and recordkeeping.
Very t~uly yours,
Linda Kowalski, Clerk
Beard of Appeals
Enclosure
DEPARTMENT OF PLANNING
COUNTY OF SUFFOLK
ROBERT J. GAFFNEY
OCT I 9 i99
STEPHEN M, JONES, A.I.C.P.
October 17, 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 File Number(s)
Searle, Robert S.
Halpert, Edward & Evelyn
Farrell, Eileen
4255
4268
4270
Very truly yours,
Stephen M. Jones
Director of Planning
GGN:mb
S/s Gerald G. Newman
Chief Planner
Page 3 - Appeal N~4270
Decision - EILEEN FA'RRELL
Regular Meeting of October 5, 1994
(c) the grant of the variance will not be detrimental to
the safety, health, welfare, comfort, convenience, or order of the
town and neighboring properties;
(d) the benefit sought cannot be achieved by a method
other than a variance;
(e) the benefit granted to the applicant is a total square
footage of 726 sq. ft. without an increase in density since the
dwelling will remain as a single-family use;
(f) the variance as granted will not have an adverse
effect or impact on the physical or environmental conditions in the
neighborhood or district since the expansion is landward of existing
building areas as well as being constructed at the second level of
the building;
(g) the difficulties claimed are not self-created since
the dwelling preexists the zoning regulations;
(h) in view of all the above, the interests of justice
will be served by granting the relief, as further noted below.
Accordingly, on motion by Chairman Goehringer, seconded by
Member Dinizio, it was
RESOLVED, to GRANT relief for an additional 726 sq. ft. of
living area, plus open rear deck addition, in the Matter of the
Application of EILEEN and JOSEPH FARRELL, as applied and noted in
the above findinoo~.
Vote of the Board: Ayes: Messrs. Doyen, Goehringer, Dinizio,
Villa and Wilton. This resolution was duly adopted.
GERARD P. GOEHRINGER, CH~d~lq-
RECEIVED AND FILED BY
THE SOUTHOLD TOWN Cl.k' ,K
DATE HOUR
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
Pursuant to Article X/V 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 PlanrL~ng C~,LLLssion:
x Variance from the Zoning Code, Article XXIV
, Section 100-243
__Variance from Determination of Southold Town Building Inspector
__Special Exception, Article
· Section
~Special Permit
Appeal No: 4270 Applicant: Eileen Farrell
Location of Affected Land: 760 Peconic Bay B oulevard,
County Tax Map Item No.: lO00- 145-2-7
Within 500 feet of:
Laurel, N.Y.
'Town or Village Boundary Line
x Body of Water (Bay, Sound or Estuary)
State or County Road, Parkway, Highway, Thruway
Boundary of Existing or Proposed County, State or Federally Owned Land
Boundary of Existing or Proposed County, State or Federal Park or other
Recreation Area
Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by
the County or for which the County has established Channel Lines, or
__Within One Mile of a Nuclear Power Plant
__Within One Mile of an Airport
Comments: Applicant is requesting permission.to construct an addition
mhd :l~:e{n_n nf s nnn-mnnfn~'min~n ~'m~idence.
~opies of Town file and related documents
enclosed 'for
your review.
Dated:
October /g 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
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
October 13, 1994
Gary Flanner Oisen, Esq.
P.O. Box 706 - Main Road
Cutchogue, NY 11935
Re: Appl. No. 4270 - Eileen and Joseph Farrell
Dear Mr. Olsen:
Attached please find a copy of the Beard's determination rendered
October 5, 1994 at our Regular Meeting pertaining to the above
variance application.
Your clients are now in a position to return to the Building
Department to further proceed with their pending building permit
application (and with any other agency which which may have
jurisdiction) before commencing construction activities. For your
convenience, we have provided the Building Department with a copy of
this variance determination for their permanent recordkeeping and
update since the issuance of their Notice of Disapproval.
Also, due to the proximity of this preject within 500 feet of a
waterway, we have transmitted copies of the variance file to the
Suffolk County Department of Planning as required under the County's
Administrative Code. Once they have fi~allzed their review and
forwarded their comments to our office, we will transmit a copy of the
same to you.
Very truly yours,
Linda Kowalski
Clerk, Board of Appeals
Enclosure
Copy of Decision to: Buildlng Department
Suffolk County Department of Planning
Mr. and Mrs. Joseph Farreli
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
SE~RA UNLISTED ACTION DECLARATION
Town Hail, 53095 Main Road
P.O. Box 1179
Sonthold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
Sept. 12, 1994
Appeal No. 4270 Project Name: Joseph E. Farrell
County Tax Map No. 1000- 145-2-7
Location of Project: 780 Great Pec0nic 8ay 81vd., Laurel,
NY
Relief Requested/Jurisdiction Before This Board in this Project:
Addition and alterations to a nonconforming 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 with the
subject application indicating that no significant adverse environmental
effects are ]~ke]y to occur should the project be implemented as planned,
and:
{ } this Board wishes to assume Lead Agency status and urges
coordinated written comments by your agency to be submitted with the next
20 days.
~X} this Board has taken jurisdiction as Lead Agency, has deemed
this Board of Appeals application to be an Unlisted SEQRAAction, and has
declared a Negative Declaration for the following reasons:
a. An Environmental Assessment has been sub,vitted and evaluated, and/or
b. An inspection of the property has been made, or
c. Sufficient information has been furnished in the record to evaluate any
possible adverse affect of this project as filed, and/or
d. This application does
on-site improvements.
not directly relate to new construction or
{ } this Board refers lead agency status to your agency since the
Board of Appeals does not feel its scope of jurisdiction is as broad as
the Planning Board concerning site changes and elements under the site
plan reviews. The area of jurisdiction by the Board of Appeals is not
directly related to site improvements or new buildings. (However, if you
do not wish to assume lead agency status within 15 days of this letter, we
will assume you have waived same, and we will be required to proceed as
Lead Agency.)
For further information, please contact the Office of the Board of
Appeals, Town Hall, Main Road, Southold, NY 11971 at 1516) 765-1809.
912 Peconic Bay Blvd
Laurel, NY 11948
September 28, 1994
Board of Appeals Planning Board
Town of Southold
Main Road
Southold, NY 11871
Gentlemen:
We are aware that our neighbor is applying for a variance to
the house that they own at 760 Peconic Bay Blvd., Laurel, N.Y.
We have no objection and are sure that the improvements planned
will be good for the property and the surrounding neighborhood.
Sincerely,
Virginia C. Byrnes
TOWN OF sOUTHOLD
BUILDING DEPARTMENT O
office of the Building Inspector--
Town Hall
Southold, N.Y.
CERTIFICATE OF OCCUPANCY
No Z-19319
Date_
AUGUST 24~ 1990
THIS CERTIFIES that the building ALTERATION .-
Location of Property 760 PECONIC BAY BLVD. LAURELr NEW YORK
- House No. Street Haml~
County Tax Map No. 1000 Section_ 145 ._Block 2 ._Lot 7
Filed Map No._ Lot No.
subdivision_
conforms substantially to the Application for Building Permit heretofore
filed in this office dated OCTOBER 24r 1989 ~ursuant to which
Building permit No. 18611-Z dated OCTOBER 30~ 1990 -
was issued, and conforms to all of the requirements of the applicable
provisions of the law. The occupancy for which this certificate is
issued is ALTERr REMOVE ~ Fa~pLACE PORC~ ADDITION TO EXISTING ONE..
--FAMILY DWELLING.
The certificate is issued to JOSEPH FARRELL
(owner)
of the aforesaid building.
SUFFOLK COUNTYDEPARTMENT OF HEALTH APPROVAL N/A
UNDERWRITERS CERTIFICATE NO. N-126022 - APRIL 26t 1990
PLUMBERS CERTIFICATION DATED N/A
/Building Inspector
Rev. 1/81
\ \
OWl
~tion:
to b~
Publl
~PT. 17. ~28 .A~ M~ ~O.TAX MAP
SECT.~ BL.~ LOT ~
~.LJRVEY FOR
'dOSEPH E. FARRELL
LOT NO. '~
*'DUDLEY PARK"
LAUREL "
TOWN OF $OUTHOLO eUARANTrtO TO,
SUFF. CO., N.Y. IV~AOOW~q(X3K NAI'tON~
~AR. '30, IgB5
NO 84 I?J2 .... ' '
NOTE* ti · MONUMENT
~,I~DIVI~ION MAP FILED IN ~ OFFICE
OF THE CLERK OF gUFFOLK COUNTY
ON ~PT. 17', 1~2~ .Ag M~ ~. 212.
~F~K CO. TAX MAP
~T ~ ~CT.~BL.~LOT~
~URVEY FOR
UOSEPH E. FARRELL
LOT NO, '3
hDUDLEY PARK"
LAUREL
TOWN OF SOUTHOLD
SUFF. CO., N.Y.
SCALE= I"-- 40'
FEB. 9, 1966
FEB. 21, 1984
MAR, '30, 1985
NO. 84 -1~12
YOUIqG ~ YOUNG
pRO~rE~81DRIR~ EN~EER ANt)
BOARD OF APPEALS:TOWN OF SOUTHOLD
In the Matter of the Application
of
EILEEN FARRELL
1994
CONFIRMATION OF POSTING
, residing at
, being duly sworn, depose and say:
That on the ~k day of ~'~'l) ~ , 1997, I personally posted the
property known as "760 Peconie Bay Bouleard, Laurel, NY," by placing
the Town's official poster notice on ~u~-~'~ .~ ~- ~
~4-~ ~t' facing the road side of the
property, and that the poster has remained in place at least five days
prior to the date of the initial public h~aring.
Dated: September ;)~, 1994. ~I ~<J~t~ ~ ~ ,~/~/~..k/~_ ....
(si: ~Ure)
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
September 20, 1994
Mr. and Mrs. Joseph E. Farrell
760 Peconic Bay Boulevard
Laurel, NY 11948
Re: Variance Application to Alter and Enlarge Building
Dear Mr. and Mrs. Farrell::
Please find enclosed a copy of the Legal Notice published by our
office in the Long Island Traveler-Watchman, Inc. and Suffolk Times
newspapers, which shows that the hearing is being held on
Wednesday, October 5, 1994 at the Southold Town Hall at the time
noted therein.
Also, you will find enclosed a Poster Notice which must be placed by
you, either on a stake and located in the front yard (road side) of
your property, or placed on the front of your dwelling structure
where it can be easily seen from the road. The poster must be
conspicuously located at this time since the Board Members are
plar, ning to visit your area within the next several days.
Pl~se complete the attaehed Confirmation of Posting, sign, and
roturn it to our office for our update and permanent file.
Very truly yours,
Enclosures
ce: Gary Flsnner Olsen, Esq.
Linda Kowalski, Clerk
Board of Appeals
BOARD OF APPEALS:TOWN OF SOUTHOLD
In the Matter of the Application
of
EILEEN FARRELL
................................... X
CONFIRMATION OF POSTING
I, ., residing at
I, , being duly sworn, depose and say:
That on the day of , 199 , I personally posted the
property known as "760 Peconic Bay Bouleard, Laurel, NY," by placing
the Town's official poster notice on
facing the road side of the
property, and that the poster has remained in place at least five days
prior to the date of the initial public hearing.
Dated: September , 1994.
(signature)
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
September 20, 1994
Mr. and Mrs. Joseph E. Farrell
760 Peconic Bay Boulevard
Laurel, NY 11948
Re: Variance Application to Alter and Enlarge Building
Dear Mr. and Mrs. Farreli::
Please find enclosed a copy of the Legal Notice published by our
office in the Long Island Traveler-Watchman, Inc. and Suffolk Times
newspapers, which shows that the hearing is being held on
Wednesdsy, October 5, 1994 at the Southold Town Hall at the time
noted therein.
Also, ?[ou will find enclosed a Poster Notice which must be placed by
you, either on a stake and located in the front yard (road side) of
your property, or placed on the front of your dwelling structure
wherz it can be easily seen from the road. The poster must be
conspicuously located at this time since the Beard Members are
plarlning to visit your area within the next several days.
Please complete the attached Confirmation of Posting, sign, and
return it to our office for our update and permanent file.
Very truly yours,
Enclosures
cc: Gary Flanner Olsen, Esq.
Linda Kowalski, Clerk
Board of Appeals
BOARD OF APPEALS:TOWN OF SOUTHOLD
In the Matter of the Application
of
EILEEN FARRELL
CONFIRMATION OF POSTING
I, , residing at
I, , being duly sworn, depose and say:
That on the day of , 199 , I personally posted the
property known as "760 Peconic Bay Bouleard, Laurel, NY," by placing
the Town's official poster notice on
facing the road side of the
property, and that the poster has remained in place at least five days
prior to the date of the initial public hearing.
Dated: September , 1994.
(signature)
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN that a public hearing will be held by the
SOUTHOLD TOWN BOARD QF APPEALS at the Town Hall, 53095 Main Road,
Southold, New York, concerning this property.
OWNER(S) OF RECORD:
DATE OF PUBLIC HEARING:
If you have an interest in this project, you are invited to view the Town file(s)
which are available for inspection prior to the day of the hearing durincj normal
business days between the hours of 8 a.m. and 4 p.m.
BOARD OF APPEALS · TOWN OF SOUTHOLD ° (516) 765-1809
Page 10 - Transcript o~'~Hearings
October 5, 1994 Regular Meeting
which doesn't look like it's going to be developed in the future and
as far away from the private road as I could. I think it's in the
least ( ) position and in conformance with the main construction.
MR. CHAIRMAN: I have in the set of plans 8 feet. What is the
actual width of it? I know --- /
FREDERICK RAYMES: 8 x 10 foot.
MR. CHAIRMAN: It's 8 x 10, all right. I didn't look at the other
side. Thank you. Are there any utilities in the shed? Electricity?
FREDERICK RAYMES: No.
MR. CHAIRMAN: No, strictly a storage.
FREDERICK RAYMES: Strictly.
MR. CHAIRMAN: Do the Board members have any questions of this
applicant? Bob?
MEMBER VILLA: No.
MR. CHAIRMAN: Gentlemen? It looks like they're being kind to you
tonight. Is there anybody else that would like to speak either for
or against this application? Hearing no comment I'll make a motion
granting the application as it's applied for with the provision that
no future utilities be placed in the shed.
MEMBER DINIZIO:
MR. CHAIRMAN:
MEMBERS: Aye.
Second.
All in favor?
7:50 P.M. - AppP.""N~.~ 4270 - EIL~.EN' FARI~gL%'.
Page 11 - Transcript o~Hearings
October 5, 1994 Regular Meeting
MR. CHAIRMAN: Variance based upon the August 22, 1994 Notice of
Disapproval from the Building Inspector wherein applicant requested a
building permit to construct addition and alteration to a
nonconforming building with a nonconforming use, and which permit
was disapproved under Article XXIV, Section 100-243 of the Zoning
Code which does not permit enlargement reconstruction, structural
alterations or movement unless the use of such building is changed to
a conforming use. Tile subject premises contains a total lot area of
28,710+- sq. ft. and contains the following nonconformist's: more
than one single-family dwelling on a substandard lot; nonconforming
easterly side yard. The following expansion is proposed: new
addition which will increase the floor area, and proposed deck
addition. Location of Property: 760 Great Peconic Bay Boulevard,
Laurel; Tax Map Parcel 1000-145-2-7; also shown on the Map of
Dudley Park filed September 17, 1928 as Lot 3. I have a copy of the
survey from Alden W. Young, dated March 30, 1985, indicating with
enhancement to date, indicating the proposed addition which extends
toward Peconic Bay Boulevard and the proposed deck area which
extends toward the Great Peconic Bay and I have a copy of the
Suffolk County Tax Map indicating this and surrounding properties in
the area. Is there somebody that would like to be heard? Mr.
Olsen how are you sir?
GARY OLSEN: I'm well. How are you?
MR. CHAIRMAN: Good.
Page 12 - Transcript o~Hearings
October 5, 1994 Regular Meeting
GARY OLSEN:
petitioner and I have
represent the applicant,
located on the south
My name is Gary Olsen. I'm the attorney for the
my office at Main Road in Cutchogue. I
Eileen Farrell, who is the owner of property
side of Peconic Bay Boulevard in Laurel,
designated on the Tax Map as District 1000, Section 145, Block 2, Lot
7 and I'm submitting a copy of the Tax Map and I have outlined the
property in yellow ink and I'm also submitting the return receipts
for your file from the adjoining landowners.
MR. CHAIRMAN: Thank you.
GARY OLSEN: As you can see by the Tax Map the property is
approximately 59 feet in width and runs from the south side of
Peconic Bay Boulevard to Peconic Bay, the distance of about 495
feet. Located on the property is house on the south end of the
property overlooking Peconic Bay and then on the north end of the
property there's a house which is the subject to this application.
I'm submitting a survey prepared by Young & Young which you
alluded to showing the dimensions of the property and the structures
thereon along with the proposed additions which Mrs. Farrell seeks to
construct on the
property.
MR. CHAIRMAN:
GARY OLSEN:
present zoning
house which is located on the north end of the
Thank you.
The property is presently zoned R-40 and under the
two houses would not be permitted. However, the
property is zoned for residential purposes. Due to the fact, that
both residences on the property were built prior to April of 1957,
Page 13 - Transcript ol~Heari~gs
October 5, 1994 Regular Meeting
they may remain as nonconforming structures. I wish to point out
that what makes the structures nonconforming is the fact, that the
second residence exists on the property rather than the fact, that
the second structure is being used for a purpose not permitted in a
residential zone such as a commercial use, industrial or business
use. You have in your possession complete building plans prepared
by the architectural firm of Suter & Suter setting forth the
alterations and additions which Mrs. Farrell is seeking to make to
the house on the north end of her property. That's the end facing
Peconic Bay Boulevard. The motivating factor in making the
alterations and additions is to provide living accommodations for
Mrs. Farrell's son and his wife and their three children. They have
twin boys, the age of 4 and they have a young daughter, the age of
3 and one of the twin boys is severely handicapped. Presently the
house has only two small bedrooms on the first floor and Mrs. Farrell
is seeking to enlarge the bedroom so that the two boys can have a
room and then their granddaughter would have the other room
downstairs, and to provide a bedroom on the second floor for her son
and daughter-in-law. I have been advised that her son is presently
in need of this assistance from his parents since the medical
expenses incurred on behalf of his handicapped son have been
astronomical and have caused great financial hardship, i would point
out that prior alterations were already made on this structure
pursuant to a Building Permit issued by the Southold Town Building
Department on October 30, 1989 under Permit No. 18611Z for which a
Page 14 - Trauscri]pt ol~Hearings
October 5, 1994 ReguIar Meetiug
Certificate of Occupancy was issued on August 24, 1990, No. Z19319
and I'd like to submit for the record a copy of the CO.
MR. CHAIRMAN: Mr. Olsen, what is the closest point? Is it 6 feet
9 inches or is it 6 feet 1 inch? What is that at its closest point
on the easterly side?
GARY OLSEN: On the east side? I have to take a look at it.
(Discussing between themselves). I'm also submitting here with
photographs of the house in question. I'm doing this so that you can
see that the house that we're talking about is a substantial home
which has been well maintained.
MR. CHAIRMAN: I have the answer to that. It's 6 foot 5 inches.
Thank you.
GARY OLSEN: The proposed additions meet the setback requirements
of the existing bulk schedule for a nonconforming lot and accordingly
no front or side door variance would be necessitated by the ]proposed
construction. The addition of the north end of-the house and on the
deck on the south end of the house will be no closer to the easterly
boundary line than the existing structure is. All of the immediate
neighbors are in support of Mrs. Farrell's application and I'm
submitting letters from the following neighbors addressed to the
Zoning Board of Appeals indicating their support. Kathryn Beverly
Lauinger, who is the owner immediately to the west side of the
property, her tax map number is 1000-145-216. The second letter is
from R.E. Leafy and Juanita Leafy, who are owners of property
immediately to the east. Their tax lot number is 1000-145-28;
Page 15 - Transcript o~Hearings
October 5, 1994 Regular Meeting
Virginia C. Byrnes, owner of property also to the east. Her tax map
number is 1000-145-28 and John and Joan McNulty, who are owners of
property directly across the street on Peconic Bay Boulevard on the
north side, directly across from the subject premises. So, I'd like
to submit those letters too.
MR. CHAIRMAN: Thank you sir.
GARY OLSEN: It is respectfully submitted that the granting of this
variance application would not in any way result in an undesirable
change in the character of the neighborhood or be a detriment to the
nearby properties. In fact, the renovations would only increase the
value of the surrounding properties and enhance the neighborhood
since the anticipated cost of the renovations would be approximately
$75,000 as set forth in the application for the Building Permit. The
relief sought by the applicant could not be achieved by any other
method other than coming before
indicated before the property is
existing nonconforming structure
this Board for a Variance. As I
zoned for residential use and the
conforms with the existing zoning
use of the property in that it is residential. Reviewing the Zoning
Code, Section 100-242 which deals with Nonconforming Buildings with
Conforming Uses, Article A thereof states: "That nothing in said
Article should be deemed to prevent the remodeling, reconstructing,
reconstruction, or enlarging of a nonconforming building containing a
conforming use." As was indicated in Mrs. Farrell's application, she
does not intend on relinquishing or abandoning the use of either
residence on her property and would seem to serve no reasonable
Page 16 - Transcript of Hearings
October 5, 1994 Regular Meeting
purpose to deny her application to remodel and enlarge the subject
home. It is respectfully submitted that the Variance that is
requested is not substantial in character and only seeks to benefit
the neighborhood. I submit that there'll be no adverse effect or
impact on the physical and environmental conditions in the
neighborhood or district and that the applicant's difficulty in
obtaining approval from the Building Department was not self created
but rather was created by enclosing the
to a parcel and structures that
nonconforming. As I'm sure the Board
current Zoning Regulations
preexists zoning and a
is aware the south side of
Peconic Bay Boulevard was for the most part developed many years
ago prior to the adoption of the Zoning Code and it was not
uncommon for lots in the area to have more than one residence on the
same lot which circumstances still exists today. For all the reasons
stated I respectfully requests that this Board grant the applicant's
Variance as applied for in the interest of justice and fairness and
Doctor and Mrs. Farrell are here tonight if you have any questions
I'm sure they'd be happy to entertain the questions.
MR. CHAIRMAN: On Page 3, the plan, Gary, reflexes square footage
first floor 1027, second floor 369. I know we're basically putting
on the second floor here but, is that the increase or the total
square footage, do you know?
GARY OLSEN: ( ), I'll have to get the plans.
(Several people speaking at one time).
DR. FARRELL: Can I speak?
Page 17 - Transcript of Hearings
October 5, 1994 Regular Meeting
MR. CHAIRMAN: Yes, surely, doctor.
DR. FARRELL: There's room up there. What we're going to do is
make that room into a livable room.
MR. CHAIRMAN: Right, I understand. Of course it's still there so
we're, I'm just looking at the anticipation of what the anticipated
square footage is on the first floor.
GARY OLSEN: The existing square footage on the first floor is
1.027. They're going to be adding 456 for a total of 1,483, and on
the second floor the existing square footage was 360. They're going
to be adding 270 for a total of 630.
MR. CHAIRMAN: Thanks Bob. Thank you again. Oh! Yeah! I see
they narrowed it on the first page. I was stuck on the, on the third
page on the other thing, thank you. I don't have any specific
questions at this time. I do have one question but l'll, I'll
reserve my timing here and let Mr. Villa. Do you have any questions
Mr. Villa?
MEMBER VILLA: I just wonder where the sanitary and the well
facilities are in here because there's no indication on the survey of
any of those.
DOCTOR FARRELL: The wells in the front lawn. I put a new well
in there to conform to whatever. I had a well in the basement and
they wanted to put one in the front. When I had the front I had the
house, we had some termite problems and I couldn't get the termites
done because ( ) the front lawn and ....
MEMBER VILLA: What is the front lawn?
Page 18 - Transcript o~earings
October 5, 1994 Regular Meeting
DOCTOR FARRELL:
beyond the extension and the,
yard.
MEMBER VILLA:
going to be.
DOCTOR FARRELL: Oh! Yes!
MEMBER VILLA: All right.
DOCTOR FARRELL:
MEMBER DINIZIO:
EILEEN FARRELL:
Facing the back ( ), way up, well
there are two big pools in the back
there.
MR. CHAIRMAN: Mr. Wilton?
MEMBER WILTON: No questions.
MR. CHAIRMAN: Mr. Doyen, no questions?
MEMBER DOYEN: No questions.
MR. CHAIRMAN: All right. You alluded to in your discussion that
the purpose of this application was of course to make the house
larger. To accomodate this, this child and the nature of it, the
bedroom area on the, or the square footage on the main floor is to
MR. CHAIRMAN: Mr. Dinizio, any questions?
MEMBER DINIZIO: No, I'm assuming that the, someone told you to
put the well up there?
Yes, someone from the .....
The Health Department?
The Health Department. I think it was.
DOCTOR FARRELL: The Health Department. We checked with the
Health Department and they told us to put it up there, so I put it up
Further away than where the proposed deck is
Page 19 - Transcript ~earings
October 5, 1994 Regular Meeting
accommodate this child so this child does not have to go to the
second story. Is that correct?
DOCTOR FARRELL: All of the children will be there.
MR. CHAIRMAN: All of the children will be on the first story?
DOCTOR FARRELL: Yes.
MR. CHAIRMAN: All right.
GARY OLSEN: There are three children, twin boys, one of which is
handicapped and their 4 and the little girl is 3. So, right now
there's two small bedrooms downstairs. There are no sleeping
facilities upstairs right now. So, they want, want to renovate it so
that the parents can sleep upstairs and have the girl have a room
downstairs and the twin boys in the other room downstairs.
MR. CHAIRMAN: Let's see if there's anybody else in the audience.
Thank you Mr. Olsen. Is there anybody else would like to speak in
favor of this application? Anybody like to speak against the
application? Hearing no comment, does anybody have any objection to
the application? That's 6 feet 5 inches? (Discussion between the
Members). Ail right, I'll offer resolution granted as applied for.
MEMBER DINIZIO: Second.
MR. CHAIRMAN: All in favor?
MEMBERS: Aye.
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
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 Hail, 53095 Main Read,
11971, on WEDNESDAY~ OCTOBER 5~ 1994~
times specified below:
Southold, New York
commencing at the
1. 7:30 p.m. Appl. No. 4255 ROBERT S. SEARLE.
(Continuation of Hearing held August 11, 1994). This is a request
for a Variance under Article III, Section 100-32 of the Southold Town
Zoning Ordinance, based upon the July 12, 1994 Notice of Disapproval
from the Building Inspector, for permission to construct new
single-family dwelling and deck at a reduced setback from the front
property line along Private Road off East End Read, Fishers Island,
NY; County Tax Map Parcel ID No. 1000-7-2-8. The subject premi-ges
contains a total lot area of approximately 3.16 acres with frontage
along two private roads, one located at the north end and the other
at the south end of this parcel. The Zone District ia R-120
Residential which requires a minimum front yard setback of 60 feet.
Page 2 - Legal Notice
Regular Meeting of October 5, 1994
Southold Town Board of Appeals
2. 7:35 p.m. Appl. No. 4268 - EDWARD AND EVELYN HALPERT.
Variance from Article IliA, Section 100-30A.2C(1) {rof.
Section 100-31C(4-b) and 100-33C}, based upon the Notice of
Disapproval (as updated August 10, 1994) for permission to locate
tennis court structure with 10 ft. high fencing with insufficient
setbacks when located in the front yard, and with fencing exceeding
the four-ft, height restriction under Article XXIII, Section
100-231A. Location of Property: 2125 Town Harbor Lane, Southold,
NY; County Tax Map Parcel No. 1000-66-1-31.
3. 7:40 p.m. Appl. No. 4269 - FREDERICK RAYMES. Variance
from Article IIIA, Section 100-30A.4 (ref. 100-33) based upon the
August 2, 1994 Notice of Disapproval for approval of accessory shed
building, as exists in the northerly side yard area. Location of
Property: 704 Wiggins Lane (with frontage along canal of Gull Pond
Inlet), Groenport, NY; County Tax Map Parcel No. 1000-35-4-19.
The subject premises contains a total lot area of 14,316 sq. ft.
{Setback of building when located in an area other than a permitted
yard must be determined by the Board of Appeals.}
4. 7:45 p.m. Appl. No. 4270 EILEEN FARRELL. Variance
based upon the August 22, 1994 Notice of Disapproval from the
Building Inspector wherein applicant requested a building permit to
construct addition and alteration to a nonconforming building with a
nonconforming use, and which permit was disapproved under Article
Page 3 - Legal NoticeO
Regular Meeting of October 5, 1994
Southold Town Board of Appeals
XXIV, Section 100-243 of the Zoning Code which does not permit
enlargement, reconstruction, structural alterations or movement
unless the use of such building is changed to a conforming use. The
subject premises contAin~ a total lot area of 28,710+- sq. ft. an~
contains the following nonconformities: more than one single-family
dwelling on a substandard lot; nonconforming easterly side yard.
The foliowing expansion is proposed: new addition which will
increase the floor area, and proposed deck addition. Location of
Property: 760 Great PeconJc Bay Boulevard, Laurel, NY; County
Tax Map Parcel No. 1000-145-2-7; also shown on the Map of Dudley
Park flied September 17, 1928 as Lot 3.
5. 7:50 p.m. Appl. No. 4271 - JEAN and LOUIS WALTERS~ JR.
Variance based upon the September 13, 1994 Notice of Disapproval
from the Building Inspector wherein applicants applied for a building
permit for an accessory deck, as exists around swlmmingpool
structure, with an insufficient southerly side yard setback.
Location of Property: 1450 Boisseau Avenue, Southold, NY;
County Tax Map Parcel No. 1000-55-6-22.
6. 8:00 p.m. Appl. No. 4273 - RUSS L'HOMMEDIEU (as tenant and
resident). Variance based upon the August 25, 1994 Notice of
Disapproval from the Building Inspector wherein applicant applied for
a building permit to alter an existing one-family dwelling with an
expanded home occupation carried on in an area exceeding 500 sq. ft.
Page 4 - Legal NoticeO
Regular Meeting of October 5, 1994
Southold Town Board of Appeals
of floor area. The subject promises contains a lot area of 30,625+-
sq. ft. and is improved with a single family dwelling, occupied by
the applicant's home office. Location of Property: 1450 Boisseau
Avenue, Southold, NY; County Tax Map Parcel No. 1000-75-2-3.1.
The Beard of Appeals will at said time and place hear any and
all persons or roprosentatives desiring to be heard in the above
matters. Written comments may also be submitted prior to the
conclusion of the subject hearing. Each hearing will not start
before the times designated above. If you wish to review any of the
above files or would like to request moro information, please do not
hesitate to call 765-1809 or visit our office.
Dated:
September 19, 1994.
BY ORDER OF THE SOUTHOLD
TOWN BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
X
NOTICE HEREBY
267 of the ~wn ~w ~d the
Code and the Town of
Southold, that the following
public he~ings will be held
by the SOUTHOLD ~WN
BOARD OF APPEALS, aC
the Southold Town H~,
53~5 M~n Road, ~u~old,
New York 11971, on
WEDNESDAY, OC~BER
5, 1994, commencing at the
times Specified below:
1. 7:30 p.m. Appl. No.
4255- ROBE~ S. SEARLE.
(Continuation of He~ing
held August 11, 1~4). This
is a request for a Variance
under Article III, Section>2
1~-32 of the Southold ~
Zoning Ordinanee,~ based
upon the July 12, 1994
Notice of Disapproval from
the Building Inspector, for
permission to construct n~
single-f~ily dwelling and
deck at a ~duced setback
from the front p~perty line
along Private Road off East
End Road, Fishers Island,
NY; County ~Map Panel
ID No. 1~-7-2-8. The sub-
j~ p~mises contfins a tot~
lot area' of approximately
3.16 acres with frontage
along two private roads, One
~o~*ed at the north end and
the other at the south end of
this p~el. The ~ne Distfi~/q
is ~-~0 ResidentiM wNch
q~s a ~mum f~nt ~rd
setback of ~ feet.
2:7=35 ~p.m~ A~L No
4268- EDWARD AND
EVELYN : ~HALPERT.
V~iance from Article IHA,
Se~ion 4~-30A.2C(1) (ref.
Secti°n .' 1~-31C(4-b); and
I~33C), based upon the
Notice of Disapproval (~
updat~ August 10, 1~4) for
permission to locate tennis
court structure with I0 fi.
high fencing ~ith imufficient
setbacks when located in the
~t,yard, and with fencing
~.~eding the four-foot
L.~{ght ~striction under Ar-
~i~31A. ~cation oI ~ro-~
~: 2125 Town Harbor
~ Southold, NY; Coun-
ty T~x Map Parcel No.
~-~-3L
3. 7:40 p.m. Appl. No
4269- ~ FREDERICK.
RAYMES. Variance from
Article . IliA, Section
100-30A.4 (ref. 100-3~l~as-
ed upon the August ]~94
'Notice of Disapprova~r'for
approval of a~cessory shed
· ·.building, as exists in the nor-
'ttherly side yard .area. Loca-
~ tion of:Property: 704 Wig-
gins Lane (with ~frontage
; alorig canal of Gull Pond In-
let), Greenport, NY; County
Tax Map Parcel No.
1000-35,4-19. The subjecJ/I
premises contains a total lot
area of 14,316 sq. ft. (Setback
of buildifig when located in
an area other than a permit-
ted yard must be determined
by the Board of Appeals).
4. 7:45 p.m. Appl. No.
4270~ EILEEN FARRELL.
Variance based upon the
August 22, 1994 Notice of
Disapproval from the
Building Inspector wherein
applicant requested a
building permit to construct
addition and alteration to a
nonconforming building
with a nonconforming use,
and which permit was disap-
proved under Article XXIV,
.Section 100-243 of the Zon.;/I
lng Code which does not
permit enlargement
reconstruction, structural
alterations or movement
unless the use of such
building is changed to a con-
forming use. The subject
premises contains a total lot
area of 28,710± sq. ft. and
contains the.following non-
conformities: more ihan one
single-family dwelling on a
substandard lot; n0nconfor-
ming.easterly Side yard. The
follOWing expansion is pro-
posed: ~ new addition, which
will inc/ease lhe floor area,
and proposed deck addition.
Location of Property: 760 ldo
Great ~ . Peconic ' Bay./'
Boulevard, Laurel, NY;
County Tax Map Parcel No.
1000-145-2-7; also shown on
the Map of Dudley Park fil-
ed September 17, 1928 as
5. 7:~6 p.m. Appl. No.
4271-, JEAN and LOUIS
WALTERS, JR.. Variance
based upon the September
13, 1994 Notice of Disap-
~ proval from the Building In-
spector wherein applicants
applied for a building permit
for an accessory deck, as ex-
. ists around swimmingpool
structure, with an insuffi-.
cient southerly side yard set-
back. Location of Property:
1450 Boisseau' Avenue,//
South01d, NY;. County Tax
Map Pargel ~-. No.
1000-55-6-22.; .. ~...:: -.
4273 RUss' "L'HOM-
MEDIEU (as~ tenant' and
resident). Variance based
upon the August 25, 1994
Notice of Disapproval from
the Building Inspector
wherein applicant applied
for a buildini~:~ermit to alter
an existing one-family dwell-
ing with an expanded home
occupation carried on in an
area exceeding 500 sq. ft. of
floor area. The subject
premises contains a lot area {~
of 30,625 + sq. ft. and is im-~
proved with a single family
dwelling, occupied by the ap-
plicant's h~)me office. Loca-
tion of Property: 1450
Boisseau Avenue, Southold;
NY; County Tax Map Parcel
No. 1000-75-2-3.1.
The Board of Appeals wilt
at said time and plhce hear
any and all persons or
representatives desiring to be
heard in the above matters.
Written comments may also
be submitted prior t,.o the
conclusion of the subject
hearing. Each hearing will
not start before, the times
designated above. If you
wish to review any of the
above files or would iik~ to'~-~'
request more inform~ition,
please do not hesitate to call
765-1809 or visit 0ur 0ffiee.
Dated: September 19; 1994
BY ORDER OE THE
SOUTHOLD .TOWN
;: BOARD OF APPEALS
GERARD P.
GOEHRINOER
CHAIRMAN
By: Linda Kowalski
IX-9/22/94(10) '~-~
~d* eNOTIGEo,IS. ..~B~t~Y
,tG~IVEN that ~pm.
t Section 276 of the Town Law
· and the Code of the Town of
Southold, that the following
matter will also be held for
a public hearing by the
Southold Town Board of
Appeals at the Southold
Town Hall, 53095 Main
Road, Southold, New York,
11971, on WEDNESDAY,
OCTOBER 5, 1994, com-
mencing at the time specified
below:.
7. 8:05 p.m. App. No. 4272-
THOMAS FABB. Variance ~g
based upon the August 31~~'-
1994 Notice of DisapproVal
from the Building Inspectox
wherein applicant applied
for a building permit to
replace more than 50% of
existing dwelling, without an
expansion, and which permit
was disapproved under Arti-
cle XXIV, Section 100-243B
of the Zoning Code which
does not permit enlarge-
ment, reconstruction, struc-
tural alterations or move-
ment unless the use of such
building is changed to a con-
forming uss The subject
premises contains a total lot
area of 1.2± acres and con-
tains the following noncon-
formities: more than on~,'/tlc°
' single-family dwelling unit
. on substandard lot in this
R-80 Residential 'Zone
District. Location of Proper-
ty: 1925 Naugles Drive, Mat-
tituck, NY; County Tax Map
Parcel No. 1000-99-4-22.
The'Board of Appeals will
· at said time and. place .hear,'
"any and' all persons or
representatives desh'ing to b~
heard inthe above matters.
Written comments may also
~be submitted prior to the
conclusion of the subject
hearing. Each hearing will
not start before thc times
designated abov~ If you
wish to review any of the
above files or would like to/
-request more information,
please do not hesitate to earl
765-1809 or visit our offlc~
Dated: September 19, 1994
BY ORDER OF THE
SOUTHOLD TOWN
BOARD OF APPEALS
.GERARD P.
GOEHRINGER
CHAIRMAN
By Linda Kowalsk[
COUNTY OF SUFFOLK
STATE OF NEW YORK
ss:
Patricia Wood, being duly sworn,
says that she is the Editor, of ~he
TRAVELER-WATCHMAN, a public
newspaper printed at Southold, in
Suffolk County; and that the notice
of which the annexed is a printed
copy, has been published in said
Traveler-Watchman once each week
for
.................. ~ ........... weeks
successively, commencing on the
day19.~.~...of .... ~~ ....... i .... ,
Svo~9/ to before me on this
....~.~-.day of
197.~.
Notary Public
BAR~RA IL SCHNEIDER
NOTARY PUBLIC, State d New York
No,
Qualified in Suffolk Co~n~
Commission Expires
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Rid~ e~ .AwVi~_on
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
SEQRA UNLISTED ACTION DECLARATION
Town Hall, 53095 Main Road
P.O. Box 1179
Southokl, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
Septf 12, 1994
Appeal No. 4270 Project Name: d0seph 5. Fsrrell
County Tax Map No. 1000- 145-2-7
Location of Project: 7S0 Great Pec0nic Bay 81¥d., laurel,
NY
Relief Requested/Jurisdiction Before This Board in this Project:
Addition and alterations to 8 n0nc0nf0rmin9 buildin§
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 with the
subject application indicating that no significant adverse environmental
effects are likely to occur sh0u]d the project be iraplemented as'planned,
and: .-
{ } this Board wishes to assume Lead Agency status - and urges
coordinated written comments by your agency to be submitted with the next
20 days.
~X} this Board has taken jurisdiction as Lead Agency, has deemed
this Board of Appeals application to be an Unlisted SEQRAAction, and has
declared a Negative Declaration for the following reasons:
a. An Environmental Assessment has been submitted and evaluated, and/or
b. An inspection of the property has been made, or
c. Sufficient information has been furnished in the record to evaluate any
possible adverse affect of this project as filed, and/or
d. This application does not directly relate to new construction or
on-site improvements.
{ } this Board refers lead agency status to your agency since the
Board of Appeals does not feel its scope of jurisdiction is as broad as
the Planning Board concerning site changes and elements under the site
plan reviews. The area of jurisdiction by the Board of Appeals is not
directly related to site improvements or new buildings. (However, if you
do not wish to assume lead agency status within 15 days of this letter~ we
will assume you have waived same, and we will be required to proceed as
Lead Agency.)
For further information, please contact the Office of the Board of
Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809.
JUDiTIt T. T~RRY
TOWN CLERK
REGISTRAR OF VITAL 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) 765-1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TO:
F ROM:
DATE:
RE:
Zoning Board of Appeals
Office of the Town Clerk
September 12, 1994
ZONING APPEAL APPL. NO. 4270 - JOSEPH E. FARRELL
Transmitted herewith is Zoning Appeal Appl No. 4270 - JOSEPH E. FARRELL
together with a letter from Gary Flanner Olsen dated September 7, 1994,
the Notice of Disapproval from the Building Department, the Application for
Building Permit, a copy of the Survey Map, the Notices to Adjacent Property
Owners, the Short Environmental Assessment Form, the Zoning Board of
Appeals' Questionnaire, the Certificate of Occupancy and a copy of the
proposed plan.
Judith T. Terry
Town Clerk
GARY FLANN£R OL$£N
COUNSELLOR AT LAW
P.O. BOX 706- MAIN ROAD · CUTCHOGUE, LONG iSLAND, NEW YORK 1~935 · PHONE 516o734-7666
FAX 516-734-77~
September 7, 1994
RE:EILEEN FARRELL--Variance
File #5797
Dear Linda:
Enclosed herewith please find the following:
1) Notice of Disapproval from the Building Inspector.
2) Application for variance.
3) Notice to Adjacent Property owners along with receipts post-marked
by the Post Office.
4) Short Form Environmental Assessment Form.
5) Z.B.A. Questionaire.
6) 7 copies of construction plans prepared by Suter and Suter.
7) Copy of current Certificates of Occupancy, #Z19483; Z19~9; Z20128; Z18737
8) Original and 6 dupl. icates of survey
9) Filing Fee of $400.00 payable to Southold Town CI~FK.
Very truly/ rs,
(ANNE
GFO/ksd
Enclosures
Zoning Board of Appeals
Attention: Linda
Main Road--Town Hall
Southold, NY 11971
HAND DELIVERED
617.21
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I--PROJECT INFORMATION {To be completed by Applicant or Project sponsor) *
SEQR
.. Eileen FarrelI I Variance
MumiclDIllt~ Town of Southold c~.n,y Suffolk
South Side Peconic Bay B]vd: Suffolk County Tax Map #1000-145-2-Y
Laurel, New York (787 feet east of Laurel Lane)
Applicant seeks to expand existing non-conforming residence
[] YeS [] NO If NO, describe briefly
Variance i5 required to alter non-conforming residence
[] Re$tbe.eal [] InClusfdal [] C~mmercial [] Agriculture [] Pafk/Fore$~/Qpen sgace [] Other
Sou[hold Town Zoning Board of Appeals
t2. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMiT/APPROVAL REQUIRE MODIFICATION?
I CERTIFY THAT THE INFORMATION PROVIDED A6OVE':~IS TR ' THE BEST OF MY KNOWLEDGE
//
If the action is in the Coastal A~rea, and you are a state agency, complete ttte
Coastal Assessment Form before proceeding with this assessment
I
side)
OVER
1
· (Continued on reverse
The N.Y.$. Environmental Quality Review Act reouires submission
of this form, and an envlronmencal review wkll be m~ae by this boarG
before any action is taken.
SHORT E~IRONNENTAL ASSESSME~IT FO~M
INSTRUCTIONS:
(a) In order to answer the questions in this short E~%F 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 Assessment
Preparer,s $i~natu~:
Representing:_
'ZBA
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 X
un~ual land form on the site? __Yes No
3. Will project alter or have a large effect on
an existing body of water? Yes X No
4. Will project have a potentially large impact on
groundwater quality? ___Yes X No
5. Will project significantly effect drainage flow
on adjacent sites? · Yes X No
6. Will project affect any threatened or endangered
plant or animal species? Yes X No
7~. Will project result in a major adverse effect on
air quality? Yes X No
8. Will project have a major effect on visual char-
acter of the community or scenic views or vistas
known to be important to the community? Yes ~o
9. Will project adversely impact any site or struct-
u=e of historic, pre-historic, or paleontological
importance or any site designated as a critical
environmental area by a local agency? Yes X No
i0. Will project have a'm~jor effect on existing or
future recreational opportunities? Yes X No
11. Will project result in major traffic problems or
cause a major effect .to existing transportation ~
· systems? Yes NO
12. Will project regularly cause objectionable odors,
noise, glare, vibration, or electrical disturb-
ance as a result of the project's operation? Yes X No
13. Will project have ~ny impact on public health X
or safety? Yes .__.No
14. Will project affect the existing community by
directly causing a growth in permanent popula- X
tion of more than 5 percent over a one-year Yes No
period or have a major negative effect o~ the' ~
charact~ of the community or neighborhood?
15. Is there p_~c controv~sy concerning the X
\
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:
(Separate sheet may be attached.)
Eileen Farre~ I
B. Is the subject premises listed on the real estate market ~or
sale. or being shown to prospective buyers? { } Yes
{ ×} No. (If Yes, ?]~e a~t~ch copy caf "cend/t~nns" of sa~e.)
C. Are there ~y ~zuposat~ tm ~nge~r ~lter l~n~ c~n~c~?
( } Yes { ~ N~
Are there any areas which contain wetland grasses? X
Are the wetland areas shown on the map su]Dmitted with
this application? X~
Is the property bulkheaded between the wetlands area and
the upland building area? Yes
If your property contains wetlands or pond areas, have
you contacted the Office of the Town Trustees for its
determination of jurisdiction? No
E. Is there a depression or sloping elevation near the area of
proposed construction at or below five feet above mean sea
level? ~0 (If not applicable, state "N.A.")
F. Are the_rs any patios, concrete barriers, ~ulkheads or fen~zs
which e~t and are not ~h~wn ~ the survey map that you are
sUbmitting? No If none exist, please state "none."
G. Do you have any construction taking place at this time
concerning your premises? No If yes, please submit a copy
of your building pez3nit and map as approved by the Building
Department. If none, please state.
H. Do you or any co-owner alsd own other land close to this
parcel? No If yes, please explain where or submit copies
of deeds.'
I. Please list present use or operations conducted at this
parcel n0n-c0nf0rminq residence and
P~ residence
sed US~ non-conforminq
~utn~rized Signature an~ Date
3/87, 10/901k
§ 97-13
WETLANDS § 97-13
TOWN -- The Town of Southold.
TRUSTEES ~ The Board of Trustees of the Town of
Southold. [Added ~-5-84 by L.L .No. 6-1984!
W'E ~--LA~NDS [Amended 8-26-76 by L.L. Ne. 2-1976; 3-2S-
A. I'IDAL WETLANDS:
(1) All lands generally covered or in~rmittently cov-
ered xvith, or which border on. tidal wam~. er lands
lying beneath tidal waters, which at mean low tide
are covered by tidal waters m a maximum depth of
five (5) fee~ including but ne~ limited m banks.
bogs, salt marsh, swamps, meadows, fla~ or other
Iow lying lands subject ~ tidal action;
(2) All banks, bogs, meadows, fla~ and tidal marsh
subject to such tides and upon which grows or may
grow some or any of the followin~ salt hay. black
gms, saltworm, sea lavender, ~11 cord--s, high
bush, cat.ils, groun~eL m~shm~llaw ~d ~w
(3) All ~d immediate~ afliaeent~ a tidal w~tand ~
defined in Subsection A(2) and lying within seven-
ty-five (75) feet landward of the most landward
edge of such a tidal wetland.
B. FRESHWATER WETLANDS: '
(I) "Freshwater wetlands" as defined ~n Article 24.
tle 1, ~ 24-0107, Subdivisions l(a) ~ 1(d) inclusive.
of the Environmental Conservation Law of the State
of New York: and
(2)
All land immediately adjacent to a"freshwater wet-
!and." as defined in Subsection B(1) and lying with-
in seventy-five (75) feet landward of the most land-
ward edge of a "freshwater wetland."
9705 z.~.s.ss
FORM NO. 4
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
Office of the Building Inspector
Town Hall
Southold, N.Y.
CERTIFICATE OF OCCUPANCY
No Z20128 Date AUGUST 2~ 1991
~THIS CERT~I. FIES that the~buil~in~ ADDITIONS & ALTERATIONS
Location of property 762 GREAT PECONTC BAY BLVD LAUREL
House No. Street Hamlet
County Tax Map No. 1000 Section 145 Block 002 Lot 007
Subdivision DUDLEY PARK Filed Map No. 212 Lot No. 3
conforms substantially to the Application for Building Permit heretofore
filed in this office dated OCT. 17~ 1989 pursuant to which
Building Permit No. 18593Z dated OCT. 24, 1989
was issued, and.conforms to all of the requirements of the applicable
provisions of the law. The occupancy for which this certificate is
issued is ADDITIONS AND ALTERATIONS TO EXISTING ONE FAMILY DWFI~.TNG.
The certificate is issued to
(own~r~)
of the aforesaid building.
SUFFOLK COUNTYDEPARTMENT OF HEALTH APPROVAL
UNDERWRITERS CERTIFICATE NO.
PLUMBERS CERTIFICATION DATED
Rev. 1/81
JOSEPH & EILEEN FARRELL
N 193041 2 pa~e JTFNE 21~ 1991
BERTSAND PLUMBING & RF~TING AUG. Ir 1991
'// Bu~iding Inspector
FOKM NO. 4
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
Office of the Building Inspector
Town Hall
Southold, N.Yi'
CERTIFICATE OF OCCUPANCY
No Z-18737
Date JANUARY 24, 1990
THIS CERTIFIES that the buildin~ ADDITION & ALTERATION TO ACCESSORY
Location of Property 762 PECONIC BAY BLVD. LAURELf N.Y.
House No. Street Hamlet
County Tax Map No. 1000 Section 145 Block 2 Lot 7
Subdivision Filed Map No. Lot No.
conforms substantially to the Application for Building Permit heretofore
.filed in this office dated OCTOBER 29, 1985 pursuant to which
Building Permit No. 14413-Z dated OCTOBER 30~ 1985
was issued, and conforms to all of the requirements of the applicable
provisions of the law. The occupancy for which this certificate is
issued is ADDITION & ALTERATION TO EXISTING "NON HABITABLE"
ACCESSORY BUILDING
The certificate is issued to JOSEPH & EILEEN FARRELL
(owners)
of the aforesaid building.
SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A
UNDER~ITERS CERTIFICATE NO. N-745797-APRIL 22~ 1986
PLUMBERS CERTIFICATION DATED JAN. 18~ 1990 MATTITUCK PLUMBING & HEATING
-//Bu:i~4 Inspector
Rev. 1/81
FORM NO. 4
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
Office of the Building Inspector
Town Hall
Southold, N.Y.
CERTIFICATE OF OCCUPANCY
No z-19319
Date AUGUST 24~ 1990
THIS CERTIFIES that the building. ALTERATION
Location of Property 760 PECONIC BAY BLVD. LAUREL, NEW YORK
House No. Street Hamlet
County Tax Map No. 1000 Section 145 Block 2 Lot 7
Subdivision Filed Map No. Lot No.
conforn'~ substantially to the Application for Building Permit heretofore
filed in this office dated OCTOBER 24, 1989 pursuant to which
Building Permit No. 18611-Z dated OCTOBER 30~ 1990
was issued, and conforms to all of the requirements of the applicable
provisions of the law. The occupancy for which this certificate is
issued is ALTER~ REMOVE & REPLACE PORCH ADDITION TO E~ISTING ONE
FAMILY DWF. LLING.
The certificate is issued to
of the aforesaid building.
JOSEPH Fi~%H3R~T.T.
(owner)
SUFFOLK COUNTYDEPARTMENT OF HEALTH APPROVAL N/A
UNDERWRITERS CERTIFICATE NO. N-126022 - APRIL 26~ 1990
PLUMBERS CERTIFICATION DATED N/A
Rev. 1/81
/ /Building Inspector
FORM NO. 4
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
Office of the Building Inspector
Town Hall
Southold, N.Y.
CERTIFICATE OF OCCUPANCY
No Z-19483 Date OCTOBER 31, 1990
THIS CERTIFIES that the building. ADDITION & ALTERATION
Location of Property 760 PECONIC BAY BLVD.
House No. Street
County TaxMap No. 1000 Section 145 Block 2 Lot 7
Subdivision Filed Map No. Lot No.
conforms substantially to the Application for Building Permit heretofore
filed in this office dated JULY 19r 1990 pursuant to which
LAURELt NEW YORK
Hamlet
Building Permit No. 19227-Z dated JULY 25t 1990
was issued, and conforms to all of the requirements of the applicable
provisions of the law. The occupancy for which this certificate is
issued is ADDITION & ALTERATION TO EXISTING ACCESSORY GARAGE
The certificate is issued to EILF~ FARg~rJ.
(owner)
of the aforesaid building.
SUFFOLK COUNTYDEPARTMENT OF HEALTH APPROVAL
UNDERWRITERS CERTIFICATE NO.
PLUMBERS CERTIFICATION DATED
N-154824 - OCTOBER 11t 1990
N/A
/' Bu~ldin9 Inspector
Rev. 1/81
III lift III IIIIII .... I [
(~ COUNTY OF SUFFOLK ~_ SOUTflOLO
Real Properly Tax S~,rvlce Agency ~____~.~_ .__
R -80
MO
R.80
GREAT
PEG
BAY.:
JUDITH T. TERRY, TOWN CLERK RECEIPT
Town of Southold
Southold, New York 11971
Ph~e: 516-765-1801 . DATE
51934
G~ECK ~ O~0 ~ BY: ~
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter or the Petition of
EILEEN FARRELL
to the Board of Appeals nfthe Town nf Southnld
TO: BEVERLY LAUINGER
BARBARA ANN LEARY
NOTICE
TO
ADJACENT
PROPERTY OWNER
YOU ARE HEREBY GIVEN NOTICE:
1. Th~ intention of the undersigned to petition the Board nf Appeals of the Town of Southold
~Varian~ [circle choice)
t~request a (Special Exception) (Special Permit) (Other)
2. That the property which is the subject of the Petition is located adiacent to your property and is des-
cribed as follows: South side of Peconic Bay Blvd.~ Laurel, New York (1000-145-2-7)
3. That the property which is the subiect of such Petition is located in the following zoning district:
R-4(1
4 That b~ such Petition, the undersigned will request the following relief: tO alter and enl arqe _
existing non-conforming residence on the north end of the property.
$. That the provisions of the Southoid Town Zoning Code applicable to the relief sought by the under-
si ncdare Article XXIV Section 100-243
[ ] Section 280-A, New York 'Town Law for approval of access over right(s)-of-way]
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and 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 notices; that you or your representative have the
right to appear and be heard at such hearing. _
Dated: September 7, 1994 r?
Petitioner EILEEN FARRELL
Owners ' Names: EILEEN FARRELL
Post OfficeAddress 760 Peconic Bay Blvd.
I~,,~,=1~ NY 11948
Tel. No. ( 516 ) 298-4461
[Copy of sketch or
purposes.]
plan showing proposal to be
attached
o
for convenience
PROOF OF MAILING OF NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
NAM~ ADDRESS
BEVERLY LAUINGER, P.O. BOX 304, 280 Umpawang Road, West Redding, CT 06896-0304
BARBARA ANN LEARY, P.O. BOX 44, 820 Peconic Bay Blvd., Laurel, NY 11948
~ SENDER:
~ ' P-35B 2
-: ~ ~ ~ ~ MS. BARBARA ANN LEARY ~b Se~o~
~ ~ ~ ~ ~ P.O. BOX 44. ~'~
~ ' ~ 820 PECONIC BAY BOULEVARD ~ cemm~
LAUREL, NY 11948 ~ Expre. ~
~ ~ Form 381 December 19S1 ~~m4 BOME~TIC ~a
; · T~RemrnReceiptwitls~w~wh~e~was
~ ~livered. ~ A~icie Numar
~ ~edto: 'P-358 2[5 062
~ MS. BEVERLY LAUINGER ~b. Sewi~Ty~ __ nsur~
~ P.O. BOX 304 ~ Regismm~.~' U I
~ JO0 U.PAWANG ROAD D Express ~.i' a ~:~P' for_
'
-' and f~s paidl
' "~ ~: ~~ ~REC~
~ ~~.r ~"1 ~~t~4 DOMESTIC REnu.-
STATE OF NEW YOR~ } ~ ~emmer I~, ...........
COUNTY OF SUFFOLK} ~s':
Lorraine Klopfer ,residihgat Herricks Lane, Jamesport, New York
, being duly sworn, deposes and says that on the 7~,h day
of .q~pi-~mhpr ,19 94 , 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 Southold; that said Noxices were mailed at the United States Post Of-
fice at Cutchogue, NY ; that said Notices were mailed to each of said persons by
(certified) (registered) ~
Sworn to before/~/:this /Tth
day of SeDte~ .~/ . 1994
N~ary Public
(This side does not have to be completed on form transmitted to adjoining
prope~:y owners.)
U
7z&
To,FAd.
T R
AND , '$ U T E R
A N D,S ¢ A.P E I
l~T IE,:5 ' NEW ' 11940
FAX 518' :e78 6485
E R AND S,
U T E R
y,o R,K 1~B40
F~X Ste a~'a e4~s
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