Loading...
HomeMy WebLinkAbout42231010 Maple Lane, East Marion 3/23/83 A-utilize area below 8foot minimum requi~-ed . elevation for placement of electrical utilities and equipment in this A-7 Flood .Zone. · 35-5-27 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appl. No. 4223: Upon Application of DONALD BREHM~ This is a request for a variance based upon the Building inspector's March 4, 1994 Notice of Disapproval concerning a building permit application for a deck addition proposed within 75 feet of the bulkhead along Dawn Lagoon; ref. Article XXIII, Section 100-239.4B of the Zoning Code. Location of Property: 1010 Maple Lane, Greenport, NY; Lot No. 60 at Cleaves Point, Section ill; 1010 Maple Lane, Greenport, NY; County Parcel 10OO-35-5-27. The subject premises is substandard and is located in the R-40 Zone District. ID WHEREAS, a public hearing was time all persons who desired to be testimony recorded; held on April 6, 1994, at which heard were heard and their WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, 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. By this application, appellants seek a variance under Article XXIII, Section 1OO-239.4B of the Zoning Code for a proposed 450+- square foot deck addition. The addition, including a new step area, is proposed at a setback of 43'8" from the existing wooden bulkhead at its closest point and 48'4I' from the bench/deck area (although the survey map prepared December 7, 1993 shows a proposed setback from the step area at 45+- feet). 2. The premises in question is identified on the Suffolk County Tax Maps as District 1OOO, Section 35, Block 5, Lot 27, and is known and referred to as Lot 60 on the Map of Cleaves Point, Section Ill." This parcel is substandard in size containing a total lot area of 13,247 sq. ft. and frontage along Maple Lane of 1OO.O feet. 3. This parcel is improved with an one- story frame dwelling built in 1983 under Permit No. 12291 and is presently shown on the P,nge 2"- AppI. No. 4223 Matter of DONALD BREHM Decision Rendered April 6, 1994 survey dated December 7, 1993 with an existing setback from the bulkhead at its closest point at 52+- feet. 4. During March 1985, the Town of Southold enacted "Local Law #4-1985" pertaining to building setbacks from water bodies, and on May 17, 198~, enacted Local law #15-1988 pertaining to setbacks from bulkheads (prey. Section 100-119.2B). 5~ Article XXII I, Section 1OO-239.4B, as re-numbered on January 10, 1989, provides that all buildings and structures located on lots upon which a bulkhead, concrete wall, rip-rap or similar structure exists and which is adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet. 6. It is the position of the Board that the amount of relief requested for the proposed setback between the bulkhead and the existing building is not substantial, although when considering the proposed setback in relation to the 75-ft. requirement, the setback substantial. The percentage of relief requested for the deck is substantial at 1OO% from the required standards. 7. In viewing the history of permits and existing buildings in neighborhood, the following information was found (preexisting of the subject code provision unless otherwise noted below): a) Lot #38.1 setback 59+- feet from the closest bulkhead; b Lot #34 50+- ft. to outside edge of bulkhead; c) Lot #33 60+- ft. to bulkhead/Dawn lagoon d Lot #28 50 ft. to bulkhead (variance obtained in 1986) Lot #26 64 ft. to house now; 50+- ft. to deck f) Lot #20 50+- ft. to bulkhead g) Lot #17 42 ft. to bulkhead (1977) h) Lot #16 40 ft. to swimming pool; 30 ft. to deck. i) Lots #26 and #37 are also under consideration this evening for similar relief. 8. It is also the position of this Board that in considering this application: P,acje 3 - Appl. No. ~23 Matter of DONALD BREHH Decision Rendered (a) the relief requested for a setback at 43'8" is not the minimum necessary to afford relief, and there is an alternative to reduce the deck or relocate the step area to gain a greater setback; (b) the relief, as alternatively granted, is similar to those generally existing in the neighborhood, as noted above; (c) the difficulties claimed are uniquely related to the property and are personal in nature to the landowners; (d) the relief, as alternatively granted and noted below, would not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town and neighboring properties; (e) in view of be served by denying the relief, noted below. all the above, the interests of justice will relief as requested and granting alternative Accordingly, on motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to DENY the relief, as requested, and to GRANT ALTERNATIVE RELIEF for an unroofed, open deck addition, including all steps, at a setbacks not closer than 45 feet from the bulkhead. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, Wilton and Villa. This resolution was duly adopted. / GERARD P GO'~HRI N(~'-ER, CH/~J~MAN RECEIVED AND FILED BY DATE q~/~y HOUR/D~.~ ;own Clerk, Town of SouthoFd AP?EAT.~ BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEA]-~ TOWN OF SOUTHOLD NOTICE OF PUBLIC HEARINGS Town Hall, 53095 Main Read 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 Hain Road, Southold, New York 11971, on WEDNESDAY~ APRIL 6~ 1994~ commencing at the times specified below: 1. 7:30 p.m. Appl. No. ~221 - ARTHUR BURNS. This is a request for a variance based upon the March 1, 1994 Notice of Disapproval from the Building Inspector concerning a building permit application for fencing around the existing tennis-court, which height exceeds the requirements when located in a front yard; ref. Article XXlII, Section 1OO-231 of the Zoning Code. Location of Property: County Tax Map Parcel Residential. 3525 Private Road #13, Mattituck, NY; No. 1OOO-105-1-~. Zone District: R-80 2. 7:32 p.m. Appl. No. ~218 - JOHN E. STRIPP and JUDITH D. STRIPP. (Continuation from March 2, 1994). Proposed dwelling with reduced front yard setback from Private Road off East End Road, Fishers Island, NY; 1OOO-7-2-9. Page 2 - Notice of Heal~gs Southold Town Board of Appeals Regular Meeting of April 6. 199q 3- 7:hO p.m. Appl. No. q220 - JOHN E. STRIPP and JUDITH D. STRIPP. This is a request for a variance based upon the Building Inspector's February 24, 1994 Notice of Disapproval concerning a building permit application for a swimmingpool with enclosure in a front yard location; ref. Article III, Section 1OO-32 of the Zoning Code. Location of Property: Private Road off East End Road, Fishers Island, NY; County Parcel ID 1000-7-2-9. 4. 7:45 p.m. Appl. No. 4222 - CINDY BENEDETTO. This is a request for a variance based upon the Building Inspector's March 4, 1994 Notice of Disapproval concerning a building permit application for an addition at the rear of existing dwelling which will be located within 75 feet of the bulkhead along Dawn Lagoon; ref. Article XXIII, Section I00-239.4B of the Zoning Code. Location of Property: Lot No. 61 at Cleaves Point, Section III; 910 Maple Lane, Greenport, NY; County Parcel ID 1000-35-5-26. The subject premises is substandard and is located in the R-40 Residential Zone District. 5. 7:50 p.m. Appl. No. 4227 - WILLIAM GASSER. This is a request for a variance based upon the Building Inspector's February 4, 1994 Notice of Disapproval concerning a building permit application for two identification signs, as exist on fence, which do not meet the setback requirement of 15 feet from Page 3 - Notice of Heal~js Southold Town Board of Appeals Regular Meeting of April 6. 1990 all property lines, ref: Article XIX, Section 1OO-91(c), Article XVIII, Section 100-81-C(2a) of the Zoning Code. Zone District: Hamlet Business. 6. 7:55 p.m. Appi. No. 4223 - DONALD BREHM. This is a request for a variance based upon the Building Inspector's March 4, 1994 Notice of Disapproval concerning a building permit application for a deck addition proposed within 75 feet of the bulkhead along Dawn Lagoon; ref. Article XXlII, Section 100-239.4B of the Zoning Code. Location of Property: 1010 Maple Lane, Greenport, NY; Lot No. 60 at Cleaves Point, Section III; 1010 Maple Lane, Greenport, NY; County Parcel ID 10OO-35-5-27. The subject premises is substandard and is located in the R-40 Zone District. 7- 8:00 p.m. Appl. No. 4226 - THOMAS AND JOAN KELLY. This is a request for a variance based upon the Building Inspector's March 10, 1994 Notice oF Disapproval concerning a building permit application to locate a storage building within 75 feet of the bulkhead along Horseshoe Cove at Cutchogue Harbor; ref. Article XlII, Section 100-239.4B of the Zoning Code. Location of Property: 1050 West Cove Road, at Nassau Point, Cutchogue, NY; County Parcel ID 1000-111-5-1 containing 1.54 acres. ?age q - Notice of Hea~gSpeot~AP Southold Town Board als Regular Meeting of April 6. 1994 8. 8:05 p.m. Appl. No. This is an application, known as 1350 West Cove County Parcel 4224 - THOMAS AND ROBY GLUCKMAN. with amendments, concerning property Road, Nassau Point, Cutchogue, NY; ID 1000-111-5-2, requesting: a) a variance based upon the Building Inspector's February 23, 1994 Notice of Oisapprovai concerning a building permit application to alter an existing garage with attached guest unit, which will include an expansion of more than 50 percent of its present size; ref. Section 100-241 of the Zoning Code; and the guest unit by Article XXlV, b) March 4, application to construct an inground pool, fence enclosure, which will not be located yard or required front yard; ref. Article and Section 100-33C of the Zoning Code; a variance based upon the Building Inspector's 1994 Notice of Disapproval concerning a building permit pool house, deck and in the required rear III. Section 1OO-33 and c) Marchl4, application to construct an fence enclosure, a portion of which is proposed within 75 of the bulkhead along Horseshoe Cove; ref. Article XXIll, Section 100-239.4B of the Zoning Code. a variance based upon the Building Inspector's 1994 Notice of Disapproval concerning a building permit inground pool, pool house, deck and feet Page 5 - Notice of He Southold Town Board Is Regular Meeting of April 6. 1994 9- 8:15 p.m. ~opl. No. 4225 RICH^RD AND DOLORES PRINC1PI. This is a request for a variance 6used upon the Building Inspector's March 2, 1994 Notice of Disapproval concerning a building permit application to relocate a dwelling structure within 100 feet of the L.I. Sound bluff; ref. Article XXIII, Section 100-239.4A-1 of the Zoning Code. Location oF Property: Lot #2 shown on the 1985 Hap of Blue Horizons, Section ; also known as ~6G0 Blue Horizon Bluffs Road, Peconic, BY; County Parcel ID 1000-74-1-35.52. 10. 8:20 p.m. Appl. No. 4228 - VICTOR and GAlL RERISI~ as contract vendees. (Owner: Doris E. Schwartz). This is a request for a variance based upon the Building Inspector's March 15, 1994 Notice of Disapproval concerning a building permit application to locate a dwelling, the northerly portion of which will be within ~5 feet of the bulkhead near Gui] Pond; ref. Article XXlII, Section 1OO-239.qB of the Zoning Code. Location of Property: Lot No. 34 and part of 33 on the Map of Section Two at Cleaves Point, filed Map No. 3521; also known as 800 Snug Harbor Road, Greenport/East Marion, NY; County Parcel ID 1000-35-5-37. 11. 8:25 p.m. Appl. No. 4229 - FRANK R. ZALESKI. This a request for ZBA review and determination confirming and recognizing this vacant lot as exists with nonconforming Regular Meeting of April 6. 199~ area, width and depth; ref.: Article ~XlV, Section 100-2/~q of the Zoning Code. Location of Property: Lot #11 on the 1965 Filed Map of Deep Hole Creek Estates; also known as 1100 Theresa Drive, Mattituck, NY; County Parcel ID 1OOO-115-13-15. Zone District: R-~O Residential. The Board of Appeals will at said ti~e and place hear any and all persons or represenLa~ives desiring to be heard in the above matters. Written c°mme-ts may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. If you ~ish to revie~ the files or need to request more information, please do not hesitate to call 765-1809 or visit our office. Dated: March 15, 1994. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski X FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date . .~ .~ .................. , -I 9"~... PLEASE TAKE NOTICE that your application dated .. ~ .................. , 19 ~. . ;or pe~it to ~~. ~.. ~~; ...'~~~ ........ at ~ou~ ~o. '~ ........ ~;~i ............ ~/~ County Tax Map No. I000 Section ..... ~ ..... Block ....... ~... Eot ...~ .~ ....... Subdivision ................. Filed Map No. : ............... Lot No. is returned herewith and disapproved on the following grounds. ~,xt/~ ~.~..~..~.'.'.'.'.'.'.'.'.~. ~... ~ ~-..~.. ~ ~~ .......................... · ~ ....... ~ ...... ~~ ..... ~~..~. ...... ~~ .... ~~~.~~ ....... , ........................ ~.~ ...... ~ .~ ......... ~ .... ~...~~.~.~~ ~. ~~~... ~~~ ........... · ............... RV 1/80 ,\ t4^¥ - 6 1993 lh'l) oF tlEAI,TII ETS OF PLANS ....... FORM NO. 1 SURVEY .......... TOWN OF SOUTHOLD ClIECK .......... BUILDING DEPARTMENT SEPT'f.C FORM ............. TOWN HALL $OUTHOLD, N.Y. 11971 NOTIFY TEL.: 765-1802 CALl ................. MAIl, TO: Approved ................ , 19. ,. Pennit No ............ .~ ............... APPLICATION FOR BUILDING PERMIT ~ Date ................... 19.. INSTRUCTIONS a. This application must be completely filled in by typewriter or ill ink and subnfitted to the Building Inspector, with sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public stree or areas, and giving a detailed description of layout of property ~nust be drawn on the diagram wlfich is part of this appl cation. c. The work covered by this application may not be commenced before issuance of Building Pernfit. d. Upon approval of this application, tile Building Inspector will issncd a Buildiug Permit to tbe applicant. Snch perm shall be kept on tile premises available for inspection throughout the work. e. No bnilding shall be occupied or used in whole or iu part for any pnrpose whatever until ,.a Certificate of Occupanc shall bare been granted by the BuiMing Inspector. APPLICATION IS HERI~BY MADE to:the Building Department for tile issuance of a Building Permit pnrsnant to tb Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances c Regtfiations, for the construction of buildings, additions or alterations, or for removal or demolition, as hereiu describer Tile applicant agrees to comply with all applicable laws, ordinances, bnilding code, housing code, and regnlations, and t admit authorized inspectors on premises and in bnilding for necessa~7 inspections. (Signatnre ofaplflicant, orname, ifacorporation) ..~.~7~,..~9~-,.?~..~ .......... (Mailingaddressofapplicant) Slate whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or bnilder I~,tt.i.t d e ~ Name of owner of premises ,tgona.Ld £. B.zehta and 7oan II). B~el tn. (as on the tax roll or latest deed) If applicant is a corporation, slgnatnre of duly authorized officer. (Name and title of corporate officer) · ALI, CONTRACTOR'S HUST BE SUFFOLK COUNTY LICENSEI) Builder's License No... 7. .8: Q.2.5..-: .1!? ........... Phlmber's License No ......................... Electrician's License No ....................... Other Trade's IJcense No ...................... 1. Locationo' t olwlc~proposed~yorkw, bedone~ .............................. / t # ~A/F~ .................. ...... ................... , ............ . Ilo.se Nmuber Street llamlet Comity 'Fax /villi) No. 1000 Section .~5 Block 05 Lot 27 ....... S.bdivision C~eao'e~ Po.Lr~ - SecN:Zon. 3 Viled Mall No. 83-349 Lot 60 (Name) 2. Slate existing use and occupaucy of premises and intended use and occnpanc¥ of proposed constrttction: a. Existing use :md occnpancy .... .P.e.444?..A4qZ./. ~...e.~' .Qc:cy.~q(t.c!t .................................... b. Intended nsc anti occnpancy ~'e~.dettt.ca.L/Owne.,t. Occttaan. ctt. ,I 3. Nature of work (check which ap hie): New Building . . X .' ..... Addi .......... Alteratioa .......... Repair .............. Removal .............. Demolition .............. Otber Work ............... (Descriplion) 4. Estimated Cost ...................................... Fee ...................................... · (to be paid on filing this application) 5. If dwelling, number of dwelling units SZnqLe Number of dwelling units on each floor ................ If garage, munber of cars Tw~ .............. 6. If busiaess, commercial or mixed occupancy, specify nature and extent of each type of use .................. 7. Omms~ons of ex stmg structures, ffany: front.., e?...5. ...... Rear ...4..~...0 ...... Depth...6.4...8. ....... lie' I 16 ' · ()ne ~g t .. Number of Star es ................... Dimensions'of sanle structure with alterations or additions: Front Same Rear Deot ~ 74 '4'; IIo~ ZncZ. .oa%04t~i,,ht Same · Sa~e .......... ,' .............. o ......................... Number of Stones ......... ............ Dimeasions of entire n~w construction: Frout . .2. !.' ..... . ..... Rear .... 2./.: ....... Deetb ...2.1. '..~.'~ ...... tlc gbt/t.u. ,38.~ ,a~5~.~ce. Number o f Stories .... ....... '. Szeof ot' Fro~t lO0.o0' Rear ~i' ......... ~)~' tl~'' Date of Purchase .... .//{a:¢../9~? ................ Nmne of Former Owner ....7.a.~.q'q.. 741-e-.~ .............. Zooe or use district in wlficb prenfises are situated ..................................................... Does proposed coustruction violate any zoning law, ordinance or regulation: ... {/.e,?. .......................... 13. Will lot be regraded ....... /]o ................... Will excess fill be removed from premises: Yes No 14. Name of Owner of,,remises Doaag.d & ~oart Breh.~lddress 1070 IIIo..t~.¢ .f. atze PhoneNo. 4 77-2.2L3 ..... ~ .................... K&.:aW ~td&Ldgt; ·tll/ ................. Name et ^rcnaect ........................... Address Bb'x' 7'4 ........ ; ... Phone No. Name of Contractor . .///.a.~.~ .3..q .e.~¥ .............. Address Illa/o~"l'~.4~Jol, ......... Phone No. 15. Is th±s property located w:i.l:h:[n 300 feet of a t:[dal wetland? *Yes . ~.. lqo ..... · If yes, Southold Town Trustees Perm±t maybe requ'lred. PLOT DI AG ILMM 10. 11. 12. Locate clearly and distinctly all buildings, whether existing or proposed, and. iudicate all set-back dimensions from property liues. Give street and block number or description according to deed, and show street names and iodicate whether interior or comer lot. See tl~,~ached Paper~ II~ B~dZn~ 3t~ One: fllodi~t o~ ~upercede (wd. th ne~ ~er~t ~ nec~4arg) cuer~.t hu~9 ~e~it, ~her 209142 (~or decE & door), ~o a~ow ~o~ att e~arqed decg a4 ~e& de~Zed d~awinqo. STATE O1: NEW YORI~ . COUNTY OF .... c.~. ~. l~o.~Y.-~ ..... S,S ........... .~..~. ,~.. ~ .~-.. ~ ................. being duly sworn, deposes and says that he is the applicant (Name of iudividual signing coutracl) lle is tim ~c (Coutractor, agent, corporate officer, etc.) of said owuer or owners, m~d is duly aathorized to perforln or have performed the said work and to make and file this aplflication; that all state~nents contained h~ tbis applicatiou are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth iu the aplflicafion filed therewith. Sworn to before me tbis~ ~_[~. _ ' (Signature of applicant) R:-CBWD MAR 0 ? 1994 TOWN OF SOUTHOLD, NL~N YORK APPEAL FROM DECISION OF BUILDING INSPECTOR Towlt Clerk Southehl APPEALNO. L/ ,,~ DATE ....~n%r. GJ%..~.,....1..~) 9 4 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. John Bertani Builder ~]..n,.c.of 1380 Oakwood DRive 1, (We) ......................................................................................................................................... Name of Appellant Street and Number $outhold NY ......................................................................................................................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON March 4, 1994 APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (x) John Bertani Buidler Inc. Nome of Applicant for permit of 1380 Oakwood drive, Southold, NY 11971 Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Permit to construct deck 1. LOCATION OF THE PROPERTY 1010 Maple Lhne, EAst Marion, NY 11939 Street /Ham]et / Use District on Zoning Mop District 1000 Section 35 Block 5Lot 27A - ................................................... uurrenz Owner Donald & Joan Brehm MaD, No. 4~50. ' Lot No..760~ ~/~.~/ ~',J~ ~.~; ~j ~. ~ P~i0~ 0whet Doris Idler 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 ?Fi Section ~00 239.4.~ 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (x) A VARIANCE to the Zoning Ordinance ar Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (has) (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 J ) 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 deck addition Would have insufficient bulkhead setback Farm (Continue an other side) · 2~g.% {, ~Llt~,~,~(~ REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- saw HARDSHIP because if deck addition were to go on side yeards setback requirements would not be met and a variance would have to be obtained anyway. Home is already almost at the 35' front yard setback so the deck couldn't go there. Proposed deck addition is going next to an existing deck with steps down and a planter. A lattice screen would be installed to black air conditioning unit. 2. The hardship created is UNIQUE and is not shared by all prope~ies alike in the immediate vicinity of this property and in this use district because no~ all homes in this.area have met required front,'~ide and back from bulkhead setbacks' as this one has and therefore have room to add to front, back or si~ without seeking relief. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DI:~IF, ICT because area is purely residential and made up of single family homes. This deckaddition, steps, planter and lattice ~creen would be alqng the lines of the other homes on Dawn Lagoon. STATE OF NEW YORK ) COUNTY OF Suffolk ) Signature Sworn to this ................. ..4.~.k ..................... day of .......................... ~..a..~..~...h. .................. 19 94 .............. ~.~.~...~ ............... Notary Public BERNAD£TT~: L. T APL!~N.3 TOWN OF, SOUTHOLD PROPERTY RECORD .CARD C~WNER- \, STREET //0 I 0 VLLLAGE DIST. SUB. LOT FORMER OWNER ~'~ N [ E ~ S / W 3TYPE OF BUILDING - RES. ~/O S~S. ( b~ ':~" FARM CO~. CB, MlCS. Mkt. Value ~ND IMP. TOTAL DATE R~RKS/~y~y ~4e;~'~,Ar, ~Vl~r~ Oor~/ '] 0 ' ~,~&~, A~E BUlLDIN~ CON~ITION N~ NOR~L BELOW ABOVE FA~ Acr~ Valu~ P~r Valu~ Acre ~~ ~ Tillable FRONTAGE ON WATER ~ ~, e/ 7 ~ ~/~. ~O : // W~land FRONTAGE ON ROAD / ~ ~ / Mead~nd DEPTH / ~- Hou~ Plot '~ ' ' BULKH~D ,.'~ : D~K M. Bldg. Extension Extension Extension Porch Porch Breezeway Garage i TaraI ..... COLOR TRIM Foundation Basement EXt. Walls Fire Place Type Roof Recreation Room Dormer Bath Floors Interior Finish Heot Rooms 1st Floor Rooms 2nd Floor Driveway . i BR. ~0T£.' £L~'VATIONS SHOWN H£REON AR~' FROM ACTUAL SUI~VEY AND ARE ,R£F£BENC£ TO N~D. (M. S L. 1929). SU~Y FOR DONALD ~, B~EHM ~ ~OAN M. B~EHM LOT AT EAST MARION O~TE: D~C. 7,1993 ~WN ~ SOUTHOCD SCALE: / "= 30' SUFFOLK COUNTY, NE~ ~RK NO. 9~-0918 HEALTH DEPARTMENT-DATA F~ APPRO~ TOC~STRUCT AND ~ HiS BEHALF m THE TITLE C~P~Y, GOV~N- YOUNG s YOUNG YORK Su~o/v/s/o~ ~p ~/LEO /~ r~ O~CE OF r~E CLE~X OF ~U~ ALDEN W. YOUNG, PROFESSIONAL ENGINEER C~T~ O~ ~ONE /~,196~ 4S F/~ frO. 4S50 AND LAND SURVEYOR N.Y.S. UCENSE N0.12845 HOWARD W. YOUNG~ LANO SURVEYOR ~ L~ ~L(Wi,~PTIC ~IS~ia CrS~S(~) ~ ~[~ N Y. S. LICENSE N0.4589] PUBLIC HEARING BOARD OF ZONING APPEALS TOWN OF SOUTIIOLD April 6, 1994 Present : (7:30 p. m. Hearings Commenced) }tON. GERARD P. GOEIIRINGER, Chaimnan 'SERGE DOYEN, Member JAMES DINIZiO, JR., Member ROBERT A. VILLA, Member RICIIARD C. WILTON, Member LINDA I'[OWALSKI, Clerk-Assistant to Board APPLN.# INDEX APPLICANT PAGES 4221 4218 4220 4222 4227 4223 4226 4224 4225 4228 4229 ARTHUR BURNS ......................... 3-4 JOHN E. STRIPP AND JUDITH D. STRIPP.. 4-7 JOHN E. STRIPP AND JUDITH D. STRIPP.. 7-19 CINDY BENEDETTO ...................... 19-23 WILLIAM GASSER ....................... 23-34 DONALD BREH~ ......................... 34-40 THOMAS AND JOAN KELLY ................ 40-44 THOMAS AND ROBY GLUCKMAN ............ 44-57 RICHARD AND DOLORES PRINCIPI ......... 57-68 VICTOR AND GAIL RERISI ............... 68-80 FRANK R. ZALESKI ..................... 80-84 ¢ Pu ge 3,1 Regular Meeting of April 6, 199,1 Southold Town Board of Appeals files of tile Town Board, they are replete with the violations. That's all I'm asking and that if this applicant requires more than one variance tlmt they not do it they way they are doing it now. They come before you and ask for everything all at once. MR. CIIAiRMAN: OK, thank you. MS. BORELLI: Thank you. MR. CIIA1RMAN: Anybody else would like to speak either for or against on this application? I see no hands. I'll make a motion closing tile hearing reserving decision until later. MEMBER VILLA: Second. MR. CtlAIRMAN: All in favor. MEMBERS: Aye. MR. CIIAIRMAN: Thank you very nluch everybody for coming in. 8:30 P.M. MR. CIIAIRMAN: Tim next appeal is in behalf of D~ BOARD CLERK: (Question to Member Villa) You*re saying no on that vote then? MEMBER VILLA: I thiak we ought to --- MR. CIIAIRMAN: Well that docsn*t lncau we can't write a lettep to the town attorney and ask her opinion, which I unfortunately inadvertently let her g,~ tonight, yea know which we could have had an opinion at that lmint, I mean I don't want put the persm~ on a spot al)lmuPing, you know whut l'tll saying. MEMBER VILLA: You're lmiat was well taken and I think if we before we can vote, bcfot'e I vote on something like that I would like an answer from the Building Dt,paptmcnt. Page 35 Regular Mceting of April 6, 1994 Southold Town Board of Appeals BOARD CLERK: We're planning on doing that. MR. CIIAIRMAN:. Well, we'll plan it, OK? BOARD CLERK: OK MEMBER WILTON: That's not a step we take itl every applicant. How do we know every every other one here tonight and everyone in tile future in the past hasa't bad other violations?. MEMBER DINIZIO: Well, that's why we do inspections. MEMBER VILLA: That's right and we haven't had elmrges on other olles. I see one ovcr here, I see tile accessory structure that was placed here before. It was a violation. Did they get Building Permit to put things there? MEMBER DiNiZIO: Well I think we should have somctlfing ill writing that would be fair. MR. CltAiRMAN: .Ah'ight, the appeal is 4223. This is a reqaest for a variance based upon tile Building Inspector's March 4, 1994 Notice of Disapproval concerning a building permit application ['or a deck along a proposed a deck additiuu proposed within 75 feet of the bulkhead along l)awn Lagoon. its Article XXIlI, Section 100-239.4B of tile Zoning Code. Lucalion of Property is 1010 Maple Lane, Greenport, N.Y., Lot No. 60 at Cleaves Point, Section 111, County Tax Map Parcel 1D 1000-35-5-27. Thc subject pt'cruises is substandard itt size ill all R-40 Z(mc District. I have a copy of a sketch of a survey no specific date imlicaling the appreximatc distance of this l)roposed deck at 43 feet 8 inches which is primarily a concrete extension leading to the stel)S actt[dly its a coacrete extension which is a grade but where as closest point were 43 feet 8 inches on the Page 36 Regular Meeting of April 6, 199.1 Southold Town Boat'd of Appeals bulkhead and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Let me gness, you're representing this one too? OK. L1NDA: I would like to add that since we made the application we received BOARD CLERK: I can't bear you Linda, I'm sorry. LINDA. Since we made the application we received a waiver from the Town Trustees and a letter of non ju~'isdictioa ..... Mr. Brelun is here touigbt and Mt's. Brchm .... MR. CIlAiRMAN: At'c there any roofs goiug to be placed on this deck? No, this is completely an opened deck? OK. Do any of my fellow board memL)m's have aoy specific objections to this. BOARD CLERK: No p~'ublem. MEMBER VILLA: Yeah, I have. Why couldn't that deck just be brought out to the extmmion of the closed in area and not off at an angle so we gale ufc, w more feet because its ,18 feet to the deck and then you've got three steps going down which brings it even closer? 45 feet, you're going to be down around 40 feet by the time you come dose to the oue we just did before was 48 feet to the if you just ran that deck out straight instead of framing it like it is it would be a little more pala{able. Its still 12 feet deep. LiNDA: You're spt:aking of thc concrete extcusioll llOW? MR. CIIAIRMAN: Why dua't yott come up lmre Linda and we'll MEMBER VII,LA: The pt'-posed wood deck on the north side. LiNDA. OK, the step IhatXs going to be clusep to the bulkhead is 43 feet 8 inches. P, age 37 Regular Meeting of Al)vil B, 1994 Southold Town Board of Al)peals MR. CIIA1RMAN: MR. GRATTON: be squared off? MR. CtlAIRMAN: lie's asking wily that can be why that can't be squared off and and MEMBER VILLA: Instead of fanning out towards the water just run it straiglit in linc with the closed in addition there and it will bring you abmlt 48 feet which is what we just gave the neighbors. MR. GRATTON: My name is Don Gpatton. lluw a~'e you Mr. Gpattun? Yes, the qaestiou whether or not those steps could MR. BREIIM: Yes, they could be. MEMBER VILLA: Not the steps, tile whole deck. MR. BREItM: Ob! MEMBER VILLA: Because you're still going to bare steps coming down from the deck. MR. BREIIM: Its possible. I did it fo~ the aesthetic value of it. I'm one who likes smncthing better, different than just a square or rectauguhn' deck and the best water view is off to the left towards tile water. Tile lagoon CtlPVCS just aboat the soutbwest corner of ottr bulkhead and a so for those two FeaSOllS iS the way or the reaSOll tlmt I desigued the deck in the way that I did and also we wanted as much deck at'ca as we could get we do considerable entertaining and we w/mi to appt'oxinlale 180 squat'o foot deck. Auy other questions? MEMBER VILLA: Well lhat's not a mitigating condition. I mcan there just asking for semcthing in excess of what we can grant. Page 38 Regular Meeting of April 6, 1!)9,t Soutbold Town Board of Appeals MR. CIIAIRMAN: I gacss the questiou that we should ask you in reality you know instead of beating around the bush can you live with 48 feet? MR. BREItM: Lets see. t8 feet would be to the edge of the porch? MR. CIIAIRMAN. Yeah. MR. BREIIM: lqell its always possible to live with) I'm not sure --- and a to put the deck ou it with that restriction. MR. CIIAIRMAN: OK. I/ell, we'll ask you, we'll ask the audience if ti,ere is anybody else weald like to speak and we'll recess it and kick it around later and see what we can como up with. MR. BREIIM: Very well, thank you. MR. CIIAIRMAN: Thank you. Anybody else would like to speak either for or' against this application? I see no hands I'll muke a motion closing the hearing reserving decision until later. All in favor? MEMBERS: Aye. MR. CIlAll{.MAN: I, OK BOARD CLERI<: Mr. Brehm has something else to say. MR. BREItM: Yes, may I add something? A, I just looked at the sketch here the 48 feet a 18 feet 4 inches plus or minus a does come to tho deck there without the steps. Now, I'm not sure what the question was. BOARD CLERK: Bob, is that what your talking about? MEMBER VILLA: That's not what shows on the .... . MR. BREIIM: Ii' you asked ii' the, if that could be squared off. MR. CIIAIIIMAN: I5'hy don'[' you step over here and Mr. Villa. Page 39 Regular Meeting of Ap~'il 6, 199,t Southold Town Board of Al)pt:als BOARD CLERI,:: Bob, l~t~t'c', take a look at this, this is a better scale. That one you have is so little its bat'd to read. Mit. BREIIM: The way I under'stood the question was whether or ~ot this deck could be made t~ectangular and of course it taunt to beeo[ne within the ,t8 feet. Well, the ,18 feet from the bulkhead would come to this point and that's the eot'ncr of the deck. MEMBER VILLA: That's uot what it says here. It says 45 feet If you eau pull this poiut so that its 48 feet on the bulkhead ---it can pt'obably be becaust~ that's what we gave your neighbor. MR. BREI1M: Yt~s, I don'l kuow MEMBER VILLA. Whether~ its 45 feet oP less then I'm txot happy MR. BREItM: I see, OK so thet'e's disc~'epaney between this sketch and the survey. MEMBER VILLA: Yes. BOARD CLERK: Yeah, tlu'c~cs two diffet'ent maps in the file so. MR. CIIAIRMAN: The oulm' edge of the bulkhead. Is that where the problem is? MI~. BREIIM: l'm uo~ stu't~ why the dism'upam~y. MEMBEI~ VILLA: I'm not t~itbcl'. LINDA: Ave you looking at the second one? MR. CIIAIRMAN: We bavm~l ~stablish that yet. BOARD CLERK: OK, I've got to look at the dates and when they were sabmitted. LiNDA: The secoud (~11() ] gave you BOARD CLERK: Mal't~h LINDA. No. Page 40 Regalar Meeting of Apl'il 6, 1994 Southold Town Board of Al~peals BOARD CLERK: Yes this is tim newest one het'e ou top. MR. BREttM: This is my old one this is tile one I bad. BOARD CLERK: Oh! I make copies and I usually put it in the boxes the same day I get it. - ..... MR. CIIAiRMAN: Yeah, Do we bare an amiable figure here? MEMBER VILLA: As long as the deck doesn't apl)Poach more than 48 feet I'm happy with it because that's all we gave the neighbor aud I live with that but if its going to be ,13 feet then I'm not happy. Mit. CIIAIRMAN: OK, you're welcome to stay or call tls tomorrow whatever the case may be. We'll dismiss LINI)A: Just bet'ul'e yoo do tile steps. MR. BREIIM: OK, l*ll wom'y about tile steps. MEMBER VILLA: Can you relocate the steps? MR. CIIA1RMAN. Thel'e sayiag the deck Bob. MEMBER VILLA: Yeah, I km~w that. MR. CIIAIRMAN: Titanic yea. 8:.t0 I'.M. MR. CHAIRMAN. Alright, the next hearing is on behalf of Thomas and ,Joan Kelly. The legal notice reads as follows: its nttnlbet* .1226. This is a request for a variauce based upon the Building Inspector's March 10, 1994 Notice of Disappt'oval concet'ning a building permit application to locate a storage building withio 75 feet of the bulkhead along llorseshoe Cove at Cutchogue llarbor; Article XIII, Section 100-239.4B of the Zoning Code. Location of l't'tq~t~t'ty: 1050 West Cove Road, at Nassau Point, Cutchogue, N.Y., Ctmnly l)ul'cel ID 1000-111-5-1 containing 1.54 act'es. Nam~y, ym~ l)v~duced this fight? OK, ft'om Stcchnan Samuels. DEPARTMENT OF PLANNING OCOUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE STEPHEN M. JONES. A.I.C.P. DIRECTOR OF PLANNING April 21, 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) Burns, Arthur 4221 Benedetto, Cindy 4222 Brehm, Donald 4223 Very truly yours, Stephen M. Jones Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner H. LEE DENNISON BUILDING · VETERANS MEMORIAL HIGHWAY · HAUPPAUG£. NEW YORK I 1788 · (516) 853-5192 FAX (516} 853-AO44 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman ~:hard C. ~i l'ton Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa 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 PIanning C~m~tssion: × Variance fffom the Zoning Code, ArticleXXlII , Section 100-239.48 ___ Variance from Determination of Southold Town Building Inspector __ Special Exception, Article , Section __ Special Permit Appeal No: 4223 Applicant: DONALD Location of Affected Land: 1010 MAPLE · County Tax Map Item No.: 1000-25_5_27 Within 500 feet of: BREHM LA., GREENPORT, NY; LOT #60 ~ Cleaves Point,Sec.111 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: 75 feet 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 Ai.rport Applicant is requesting permission.to erect deck addition proposed w of the bulkhead along Dawn Lagoon Copies of Town file and related documents Dated: jdr April /,S.. 1994 enclosed for your review. APPEALS BOARD MEMBERS C, ersrd R Goehringer, Chsirnmn 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 April 12. 199q- Mr. and Mrs. John Bertani John Bertani Builder, Inc. 1380 Oakwood Drive Southold. NY 11971 Re: AppI. No. 4223 - Donald Brehm 1000-3S-2-27 DearJohn and Linda: Enclosed please find a copy-of the Board's ~Findings and Determinetio~ rendered at our ,April 6. 1994 Regular Meeting. Please be sure to return to the Building Department -for a building permit; after obtaining other agency approvals .that may-be applir, able.for this project. For your convenience, we have-furnished the Building Department Office with a copy of this determination for their permanent recordkeeping and update. Also, we have transmitted copies of your .file to the Suffolk County Department of Planning in, accordance with Suffolk County's Adminis'u'a:ive Cede 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 file. Please do not hesitate to call our office or the Building Department if you have any questions, Very truly yours. Linda Kowalski. Clerk Board of Appeals Enclosure Copies of Decision to: Town Building Department Suffolk County Department of~ Planning March 25, 1994 TO: ZBA Chairman and Members SUBJECT: April 6, 1994 ZBA Hearing - Donald Brehm Confirmation of setback from lowest step Please find attached copies of prints receiwed today from Linda Bertani confirming the closest setback from the proposed step area between the new deck and existing bulkhead at [[3J8'', APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OFAPPEALS TOWN OFSOUTHOLD March 22, 1994 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 John Bertani Builder, 1380 Oakwood Drive Southold, NY 11971 Re: Appl. No. 4223 Donald Brehm Dear Linda and John: It was noted by Board Member(s) that the distance from the proposed outside steps to the bulkhead was not clearly shown on the survey and appears to be closer than the proposed deck (45 feet). Please be sure to stake the outside step area and deck for Board inspection, and furnish the exact distance to the Board on or before the hearing to be held April 6, 1994. Thank you. Very truly yours, Linda Kowalski APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD March 17. 199q Town Hall, 53095 Main Road P.O. Box 1179 Seuthold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 John Bertani Builder. 1380 Oakwood Drive Southold; NY 11971 Inc. Re: Appl. No. 4222 - Cindy Benedetto 1000-35-5-26 Appl. No. q223 - Donald Brehm 1000-35-S-27 Dear Linda and John: We are in receipt of the above-noted applications-requesting variances for proposed addition at the rear of, the existings, Copies of your file have been distributed to. the Board Members for additional review and individual on-site inspection. The application has been advertised for the April 6. 199~ Regular Meeting. and a copy. of. the Legal Notice is attached for your records. Please have someone appear in behalf of the applicants at the time specified. This public hearing will not start before the times allotted in the attached Legal Notice. and additional time will. of. course, be available if needed. 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. Since this application has already been advertised, you should be aware that in the event another project on this property needs a variance or other determination from the Board of Appeals. a separate application would then be required. If you have any questions~ please call us. Yours very truly. Ik Enclosure GERARD P. GOEHRINGER CHAIRMAN LOTS ALONG DAWN LAGOON: CTM Lot #38.1 (prev. 38 g 39) Molitor (Subd. Lot 32+): no map provided (built 1962) CTM Lot #37 Rerisi <note: dual bulkhe~cl> (Subd Lots 33 F= 3~) vacant land a/6/9q CTM Lot #3~ Corva 12/79 (Subd. Lot 5~ ): 50' to outter bulkhead CTM Lot #33 Weston [Subd. lot 55): 60' to bulkheadlDawn Lagoon {1977 var: sideyards)) CTM Lot #28 Stockec va~: (Subd. Lot 59): 50' to bulkhead (1986) CTM Lot #26 Benedetto (Subd. Lot 61): 6~ ft. to house now; 50' to deck CTM Lot #20 Collins var: ( Subd. Lot 67) 50' to bulkhead CTM Lot #17 Gull Pond Corp. (Subd. Lot #70) ~2 ft. to bulkhead (1987] CTM Lot #16 Brenelsen (Subd. Lot #71) ft. sw.pool; 30' to deck Please see copies of surveys/maps on file for reference in each of the following q/6/9~ ZBA Hearing folders: i3rehm Benedetto Rerisi. P OPO$ D · ~.~ , ' 1010 Maple Lane, P. O. Box 585 East Marion, N. Y. 11939-0585 ~-~ t · .,~..  *" ~ / ,~ . '~ i " / / : :"" '~ , · .,, 'i ? _. - ...., . .. ~ ~*~-~ .... ,. I I ~ I~ ,....,-,.. .... . i~:,.~.::5' ?""" / . ~ t".., ;?' , '~ H'::'' I ." E lgTI OV£F VIKW ,'1 \\ DONALD AND JOAN DREHM ~ 1010 Maple Line, P. O. Box 585 East Marion, N. Y. ~ 1939-0585 DONALD AND JOAN BREHM 1010 Maple I~ne, P. O. Box 585 East Marion, N. Y. 11939-0585 ~a~eria~ Spec.~.f~ca~Zon~ ~o~ DONALDANDJOANBREHM . IO10 Maple Lane, P.O. Box585 Fad Ma~on, N. Y. 11939-0585 £edqe/z,a ............ ~b'n. Boa~d,o ......... Dec/tin9 ............ Suppor/c Beam,o ...... Bou.,bie 2 x ~ CCA Sou4hern. 2 x 8 CC~ Sou.4hern. ?Ztte 2 x 10 CC/~ Southern. 2 x 10 CC.,q Sou4he/t.n. ?lac 5/4 X 6 CC,~, ~,t, '4 o/t. ]~liZ,L4~.~Lo.e,..lllohoqant] 04 2 x 6 CC/I or '/'i~ // DONALD AND JOAN BREHM 1010 Maple Lane, P. O. Box 585 East Marion, N. Y. 11939*0585 FROCT L-/ALE, Copies to the following 3/15/94: Times-Review Newspaper (fax transmission) L.I. Traveler-Watchman (hand-delivered 3/15) Copies to ZBA Members with copies of file documents Newsday (Courtesy Copy for Government Watch Section) Original Posted on Town Clerk Bulletin Board (in Lobby) Town Clerk (for distribution to T8 & TA) Building Inspector's Office Planning Board Office Applicant or Agent noted as follows: Mr. John Carraway (for Arthur Burns) Mattituck, NY 11952-0293 John Bertani Builder, 1380 Oakwood Drive Southold, NY 11971 Inc. (for Benedetto and Brehm appis.) Mr. and Mrs. William Gasser 2383 Fifth Avenue Ronkonkoma, NY 11779 Mr. and Mrs. Donald Brehm Box 585, East Marion, NY 11939-0585 Samuel and Steelman 25235 Main Road Cutchogue, NY 11935 (for Thomas Kelly) Mr. David Kapell (for Thomas Gluckman) Box 463, Greenport, NY 11944-0463 Mr. Richard Principi Box 495, Amagansett, NY 11930 Mr. and Mrs. Victor 9 Cat Hollow Road Bayville, NY 11709 Rerisi William D. Moore, Esq. 315 Westphalia Avenue Mattituck, NY 11952-0023 Stephen L. Ham III, Esq. 45 Hampton Road Southampton, NY 11968 (for John and Judith Stripp) Mr. John Thatcher (Re: John and Judith Stripp appl.) F.I. Nature Conse'rvancy, P.O. Box 132 Green Village, NJ O7935-0132 APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman ~er/e Doyen, Jr. James Dinizio, Jr. Robert A. Villa Ri~h~ 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 ~ March _TYPE II ACTION DECLARATION Appeal No. 4223 Project/Applicants: Donald Brehm County Tax Map No. 1000- 35-5-27 Location of Project: 1010 Maple Lane, Greenport, NY 7, 1994 Relief Requested/Jurisdiction Before This Board in this Project: Construct deck addition to dwelling within 75' of bulkhead 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 Section 8-0113 of ~ , ..... 6 NYCRR Part 616, t,,= ~v~ronmenta~ Conservation Law, ~h~d 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, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and ' ' ' Copy placed in ZBA nr ~ ~- ~ Individual board mentb r~ ~ o~ ~ =or record purposes, e~~. mc JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFF1CER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS FROM: JUDITH T. TERRY, SOUTHOLD TOWN CLERK RE: ZONING APPEAL NO. 4223 DATE: MARCH 7. 1994 Transmitted is application for variance submitted by JOHN BERTANI BUILDER, INC. on behalf of DONALD L. ~, JOAN M. BREHM together with notice to adjacent property owners; short environmental assessment form; Zoning Board of Appeals Questionnaire form; Notice of Disapproval from the Building Department; together with survey and other relevant documents. Judith T. Terry Southold Town Clerk 1010 ~apEe £an¢, Box 585 Ea44 ~a4,Lon, ~e~ y04£ 11939 ~a~c~ 4, 1994 70 ~hom ~t ~aq Concern: PZectoe aZZow Z,tnda Be,t/can.i. o~ ~ohn Be~tand., ~o ac. dc da't o~ ~tead EL obtaEnd, n~ an~ and add. and ua4Eance~ ~o4 ~t~e ~o~o~ed add~tZon and ~o ou~ ho~e En ~_d~t ~e,~,aec,t~ud. Eq, and ~oan B,'tehta COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Woo~, being duly sworn, says that she is the Editor, of THE LONG ISLAND 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 Long Island Traveler-Watchman once each week for ..................... .~. .... weeks successively, commencing on the .......... ./..~. ........ day of ...... ~7...x?..c~...... 19 .??.. · Sworn to before me this ........... .~/..'~. ...... day of ......... /4'4 ..... ·,., -OOARD OF APPEALS~: 'bulkhead" 'along t ~ OF SOUTHObD J Lagoon; ref. Articte XXIII. x~Y' ~jIUn~lHOS,~/ ,zo~ coa~ :o~o~ ofl OWEN, pun~at Io Sec~n ....... ;" ..... n . J Cotmty Tax Map Rued ID · e ~utho d ~n H~, ~ ' L~"~- · ~,~u~ (~t ~ ~k 1010 Maple ~ Fuint. Section 111; 1010 ~;laple ~ane, Ol~ee~port, NY; county provui conceruin8 & building ~i'reqGm f'~' ~ vadaace ba~:l .~ ~, 1~ N~ of ,~fion of P~ ~ ~b~75 f~ ~ ID 1~7-~, .~, ~ mf.~e ~I, ~ L~u~fionat~of~OMAS ~'AND ROBY npplka~ea to ~ue a dwell. I Inj uctme withln 100 feet of r the L.I. ~ound bluff; tel. At. ticle' XXIII, Section Code Location ~f Property: 100'239.4A-1 Of the Zouin8 'Lot No. 2 shovm on the 1985 'Map of Blue Horizons; alsq~ Bluffs ~ P6couic, NY; 'i~10. NOTICE IS HEREBY GIVEN; pUmant to ~ec~ion 2~7 of ~e Town ~w ~ the C~c of ~he Tow· o~ Sou~oM, ~at ~ roflowlng he.~n,, will ~ held by SOUTHOLD ~WN BOARD OF n K~, Sour~ld, New -York 11971. on WEDNESD&y, ~ 7:30 p.m. Appl.~ ~22~ ~TH~ BU~.~h ~ I~ ~a ~M- - in; ~l; application ~t fencing ~a~ In a front y~; ~f. A~cis ' Private Ro~ ~13, Matt tuc~ NY; ~ounly Tax Map P~el No. I~- ~lOJ-l-4. ~ne Din;~ct: R-BO 2. 7=32 p.m. AppL No. 4218 -- STRIPP. (Continuation frmn March 2, ~ ~994). Proposed dwelling with re- i* (.// duced front yard sctheck from Private ~/ t Road o~f East End Road. Fishers Is- land, NY: 1000-7-2-9. ..;~ :: ";~4 3. 7:40 p.m. Appl. NO. 4220 -- JOHN E. STR1PP an8 JUDITH D. STRIPP. Tl~is is a ~lcest f~ a vari- t0r s'February 24, 1994 Notice o~ Die'approval bor, ccrning~ building~ ='~ArBcin m, Sec~n IO0-~2 of'th~" ¢~ Zoning Code. L~cntion Of Properly: ~.Privato Road off East End Road, _ ? Nshen hhad, NY; Co·my ,~P?~... I ID e'~CINDy BKNEDETTO. This is ' (.~quest for n variance bas~ upon the ~.Building Inspector's March ~..1~94 ~ ~otine of Disapproval~'c~ncei:nl~g · i I~#ilding permit application for an .¥·ddJtiofl a~ the ma[ ~l~ existing --dwelling winch Mil be lo,.aMd within 75 feet of the bulkhead along Dawn ' ~L~on: ref. Article XXIII, Section 100-239.4B of the Zoning Code. Lo- cation of Property: Lot No. 61 Clceves Point. Section I11; 910 Maple ~ane. Gtco·port. NY: County Parcel .iD 1000-3S-5-26. The subject p~emis- es is substandard and Is located in the - .~.;?:50 p.m.'Appl. No. 4227~ WILLIAM GASSER. This ts']~ ~uest for · vMhnce based apo· the STATE OF N~ORK) ) SS: ~of Mattituek, in said County, being duly sworn, says that he/she is Principal Clerk of THE SIJtcicOLK TrAde. S, a Weekly Newspaper, published at Mattituck, in the Town of South·Id, County of Suffolk and State of New York, nna that the Notice of wMch the ~nnexed is si printed copy, has been regular- ly pu~lished in said Newspaper once each week for.L weeks successively, ~qmmencing on the rl oflM Ch NOTARY PUBUC. STATE OF NEW i~~ NO. 524655242, SUFF(X.K COU COMMISSION EXPJRES AUGUST 31, ~ ?,,~'"* ':'1994 Notice of Dlsappr6val con- ' - I coming · building I ~" Section 100-239.4B of the ~ ~oning Code. ~afion of ~: ~ 1050 West Cove Road, at Nassau ~inL OutcOme, NY; ~ ~l ~ I ~0- I i 1-5-1 .conl~ininz ':"~- "~THOMAS and ROBY OLUCK-' 14.16.4 I~J87~Text 12 PROJECT i.D. NUMBER 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Prolect sponsor) SEQR 5. IS PROPOSED ACTION: 6. DESCRIBE PROJECT BRIEFLY: DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDBF[AL. []No 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMiT/APPROVAL REQUIRE MODIFICATION? I CEHHFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE I! the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Forr~ before proceeding with this assessment OVER 1 .(Continued on reverse side) The N.Y.S. Environmental Quality Review Act requires Of this form, and an environmental review will be ~ad~ by submission before any action is taken, th~s board .~HORT ENVIRONMENTAL ASSESSMEN? INSTRUCTIONS· - (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 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 project result in a large physical change to the project site or physically'alter more than 10 acres of land? Yes: NO 2. Will there be a major change to any unique or un~ual land form on the site? ~Yes No 3. Will project alter or have a large effect on a~.existing body of water? __Yes NO 4. Will project 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 7. Will project result in a major adverse effect on air quality? Yes 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 No 9. Will project adversely impact any site or struct-' ute of historic, pre-historic, or paleontologi=al importance or any site designated as a critical envircamental area by a local agency? ___.Yes __._No 10. Will project have a m~jor effect on existing or future recreational opportunities? ___Yes ~o ll. 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 NO 13. Will project have any impact on public health or safety? 14. Will project affect the existing community by ..__Yes ._._No 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? 15. ' Is there public controversy concerning the project? · Yes NO ~reparer,s Signature: ~ Representing: -- 'ZRA ~/g5 _ Date~ QUESTIO~IAIRE 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 s~bject premises and a description of their interests: (Separate sheet may be attached.) B. Is the subject premises listed an the real estate market ~or - ~a~ or being shown to prospective buyers? { } Yes No. (If ~e~, Pl~s~ ~"h =::~P"Fa.f "cond/~n~" of C. Are there.=ny~rupo~alstm=hange=r alter land { } Yes ~ No D. 1. Are there any areas which contain wetland grasses? 2. Are the wetland areas shown on the map submitted with this application? 3. Is the property bulkhea=~d between the wetlands area and the upland building area? 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? 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 ~nd are not ~hown ~n t~u survey map that you submitting? ~0~ 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 any co-owner also own other land close to this parcel? ~O If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel O~C., ~,%~ ~ and proposed use 6\~ ~z~,-~-'~t ~ ~l.~ Autnorize~ -~±gnauure and Date 3187, 101901k § 97-13 WETL'~.~qDS § 97-13 TOWN -- The Town of Southold. TRUSTEES -- The Board of Trustees of the Town of Southotd. [Added ~-fi-~4 by L.L. No. 6-1954! W E2-~.A~N-DS [Amended 8-26-76 by LL Ne. 2-1976: 3-25- 85 b~. T. N~ ~19~ ~'~- :'" · "~ ~r ~[DAL WET~NDS: ' (1) All lands generally covered or/n~rmittenfly cov- ered with. or which border on. tidal wam~. or l~nds lying beneath tidal wzters, which a~ mean low tide are covered by tidal wz~ers ~ a maximum depth of five (5) feet, includin~ buC not limited m hanks. bogs. salt marsh, swamps, meadows, fla~ or other Iow lying lands subject ~ tidal action; (2) All banks, bogs. me~dows, fl~ and tidal marsh subject to such tides and upon which grows or may grow ~me or any of the followin~ salt hay, black g~. saltwar~, se~ lavender, ~11 cord~z, high bush, cattails, gruun~eL ~3hmnHqw ~ ~w Bo (3) AIl land immediately adjacent to a tidal wettand as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 24. Ti- tle 1, § 2.1-0107. Subdivisions l(a) to l(d) inclusive, of the Environmental Conservation Law of the State of Ne~v York: and (2) All land immediately adjacent to a "freshwater wet land." as defined in Subsection B(1) and I~ lng wltho in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." 9705 FORM NO, 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy No Z124.28 Date .A/~. r i 1 2.3. 198.4. THIS CERTIFIES that the building .-:-~ Location of Property 1010. .~.aple Lane ............................... ~.. ~.a.r. ~.o.n.,,, ,~$$s~ ~/o. · ......... E t Street Hamlet County Tax Map No. 1000 Section 035 .Block 05 027 ........... ....Lot.: ......... SuhdiWsi~- Cleaves Point · 4650 60 ..................................... Filed Map No ......... Lot No .............. conforms substantially to the Application for Building Permit heretofore fded in this office dated February 24 19 8.3. p hi hBuildi 12291Z ..................... , · ursuant to w c ng Permit No ..................... -dated .......... .M.a.y..4 ............ 19.8.3. , 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 ......... a private one-family dwelling The certificate is issued to ........... DORIS C. IDLER .......... io~#e;,'~,'~'~t&~,'~ ......... of the aforesaid building. Suffolk County Department of Health Approval 13-SO-29 1~24/84 Robt. A. Villa, P.E UNDERWRITERS CERTIFICATE NO... ~ . . . ~ .~ $ ~.~ ................................. Building Inspector Rev. 1/81 Southold Town Board of Appeals -32- March 23, 1982 (Appeal D. 3091 - John and Linda Kowalski, cot In g this appeal, the board variance st is not substantial; are unique ~ractical difficulties allowing the no substant ties would be cr~ that the a method feasible )ellan adverse effects will lities of any incr~ be in harmony with and p that the interests of On motion by Douc RESOLVED, KOWALSKI, BE Appeal No. HEREBY IS 'ular Meeting :) that the circumstances herein been shown; that by to adjoining proper- cannot be obviated by than a variance; that no on available governmental faci= ; that the relief requested will the general purposes of zoning; and will be served by allowing the variance. seconded by Mr. Sawicki, it was application of JOHN AND LINDA APPLIED FOR. Loca of Property: West Side o~Ole Jule Lane, Mattituck, NY; C¢ Tax Map Parcels I~ No. 1000-~-12-13.3 and 13.4. Voteof the Board: Ayes. Messrs. Gri~nis, Douglass and (Members Doyen and Goehringer were~bsent.) RESERVED DECISION: Appeal No. FL-13. JAMES AND DORIS IDLER. Upon application of JAMES AND DORIS IDLER, 27 Anoatok Drive, Huntin~ ' ton, NY 11743 for a Variance to the Flood Plain Management Law, Chapter 46, Section 46-7 for permission to utilize area below the eight-foot minimum required elevation for placement of electrical utilities and equipment in this A-7 Flood Zone. Location of Property: 1010 Maple Lane, East Marion, NY; Cleaves Point Filed Map 4650, Subd. Lot 60; County Tax Map Parcel ID No. 1000-035-05-027. The public hearing on this application was held earlier this evening, at which time the hearing was declared closed, pending deliberations. The board made the following findings and determination: By this application, applicants seek permission to place electrical utilities within basement area below the eight-foot elevation above mean sea level. The premises in question is located at the westerly side of Maple Lane, East Marion, and is located partially in an A-7 Flood Zone and partially in a B Flood Zone. Applicants propose to locate the utilities a minimum of 20" from the foundation floor, which appears to be approximately four feet above mean sea level. The board finds upon viewing the area there are several homes in the neighborhood of the subject parcel. The dwellings constructed on these lots are on lots of a similar size, and the dwellings constructed thereon are constructed below the base flood level. The board therefore finds that the lot in question meets the standards set forth in Section 46-16A of the Code Southold Town Board of Appeals -33- March 23, 1983 Regular Meeting (Appeal No. FL-13 JAMES AND DORIS IDLER, continued:) since it contains an area of less than one-half acre and is contiguous to and surrounded by lots with existing structures constructed below the base flood level. In passing upon this application, the board has considered all technical evaluations; all relevant factors; all standards specified in the Code; and all of the applicable factors contained in Section 46-15B, subdivisions (1) to (11), inclusive, of the Code. The board further finds and determines that: (1) there is a good and sufficient cause for the grant of this variance; (2) a failure to grant the variance would result in exceptional hardship to the appli- cant; (3) the grant of a variance will not result in increased flood heights, or additional threats to public safety, or extraordinary public expense, or create nuisances, or cause fraud, or victimize the public, or conflict with existing local laws or rules or regulations. On motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that JAMES AND DORIS IDLER, the applicants herein, be and hereby ARE GRANTED a variance from the provisions of the Flood Damage Prevention Law of the Town of Southold to construct a one-family private dwelling with utilities in the basement area AS APPLIED FOR, on premises located on the westerly side of Maple Lane, East Marion, NY, and more particularly identified as County Tax Map Parcel No. 1000-35-05-27; AND IT IS FURTHER RESOLVED, that pursuant to the provisions of Section 46-16F of the Code, the applicant is hereby given notice that the structure for which this variance is granted will be permitted to be built with the utilities in the basement area below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor eleva- tion; AND IT IS FURTHER RESOLVED, that the Secretary to this Board transmit copies of this determination to the applicants and to the Town Building Department/Inspector. Vote of the Board: Ayes: Messrs. Grigonis, Douglass and Sawicki. (Members Doyen and Goehringer were absent.) This resolution was unanimously adopted. At this point in time, Member Goehringer returned to the meeting. MOLITOR, JOHN H ................... $525 ......... --_~'°~'~J7 .._501 West )th Street ............ Oct.. 25, ~962 Plainfield, New Jersey ......... Page 3 GRANTED permission to reduce front yard .setback_ _._on southerly side of property to propertz~ , --No. 32, Cleaves Point Section 2, East.Marion,_ __New York.' ~) COUNTY OF SUFFOLK Real ProDerty Tax Service Agency 035 HD HD R-80 ~HELTER ...~Of~ ~ ~ .~ ~ sOuTHOL LAND 049817 JUDITH T. TERRY, TOWN CLERK RECEIPT Town of Southold Phone: 516-765-1801 DATE ~,.~,~,~ ~ 0 [] CASH BOARD OF APPF. ALS, TOWN OF SOUTHOLD In the Matter o[ the Petition of to the Board of Appeals nf the Town nf Southnld YOU ARE HEREBY GIVEN NOTICE: NOTICE TO ADJACErZT PROPERTY OWNER 1. Th~ intention of the undersigned to petition the Board of Appeals of the Town of Southold to requesta~(Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: ~ 0 I O {~o~_~lf. ~ 3. That the property wh~h is the sub. ject of such Petition is located in the following zoning district: 4 That b~ such Petiti~n, the undersigned will request the followin, g relief: ~ r~ ~-~--~ ~ ~e ~ I 5. That the provisions of the Southold Town Zoning Code a~ppllcable to the relief sought by the under- signe~l, are Article ~ Section [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way~ 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold New York and you may then and there exam ne the same dur ng regular office hours. (5].6) . 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Bo,trd 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, ndwspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the ~ight to appear and be heard at such hearing. D.a!~.d:' ~'~:' L( "'~:l '~( '" Petitioner ' Post O[t'ice Ad_dress [Copy o( sketch or plan showing proposal to be attached for convenience purposeff'.] BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of to the Board of Appeals of the Town nf $omhnld cB o Oeec- or, e._. YoU ARE HEREBY GIVEN NOTICE: NOTICE TO ADJACENT PROPERTY OWNER [circle chOice] 1. That i~ is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a ~ (Special Exception) (Special Permit) (Or_he:) 2. That the property which is the subiect of the Petition is located adjacent to your property and is des- cribed as follows: 3. That the property,which is the subject of such Petition is located in the following zoning district: 4 That bt such Pelitiun, the undersigned will request,the following relief: · $. That the provisions of the Southold Town Zoning Code a,Rplicable to the relief sought by the'under- signed are A:'cicle ~. ~ Beet,.on I (~. ~ Lc1· L } C~ [ ] 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 ma)' then and there examine the same during regular office hours. (5'16) 7~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Matt. ituck Watchman, ne'wspapers 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. Petitioner Post Office Address [Copy of sketch or plan showing proposal to be attached for convenience purpose¥ ] BOARD OF APPEALS, TOWN OF SOUTHO~_D In the Matter or the Petition of to the Board of Appeals of the Town of Southold TO: YOU ARE HEREBY GIVEN NOTICE: NOTICE TO ADJACE~IT PROPERTY OWNER 1. That it is the intention of the ~ndersigned to petition the Board of Appeals of the Town of Southold to request a ~ (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: I ~ ~ O ~("~r, ~ lC (.~u_r,,.o · 3. Thai the property which is the subject of such Petitio~ is located in the following zoning district: 4 TI,at b~ such Petition, the undersigned will request the roll,owing relief: ~ F'~(L~(, i~O~F- $. Thai the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signe~l are Art-tole ~ ~ Section I LVC.-- ~) ~cI. L / ['~ - - [ ] 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 thc relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you ma)' then and there examine the same during regular office hours. [516) 7~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the' Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, n~wspapers 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. Petitioner Owners 'Names:~oq~ Post Office ~ddress Tel. No. (~6 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] PROOF OF MAltING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK) ~J J~ ~ , being duly sworn, dcposcs and says that on [he ~ day of ~t~ . 19~, deponent mailed a true copy of the Notice set for{h on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; thai the addresses set opposite the names of said persons are lhe addresses of said persons as shown on the current assessment roll of the Town of Sou[hold; that said Notices were mailed at thc United States Post (registered) Sworn to before me this '//T''~' day of -/ ! Notary Public ;that said Notices were mailed to each of said persons by J (This side does not have to be completed on form transmitted to adjoining property owners.) Receipt for Certified Mail No Insurance Coverage Provided (See Reverse) P' '358 213 646 I Receipt for Certified Mail No Insurance Coverage Provided {See Reverse) ~j~,. Receipt for Certified Mail No Insurance Coverage Provided (See Reverse)