HomeMy WebLinkAbout4183
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wil~on
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
ACTION OF THE BOARD OF APPEALS
SCOTT L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
Appl. No. 4183:
Matter of the Application of JOHN AUSTINE. Variance to
the Zoning Ordinance, Article IIIA. Section 100-30A.4 for
permission to locate accessory one-story garage building partly
in the side yard with a setback at approximately five feet from
the southerly side property line. Location of Property: 3735
Deep Hole Drive, Mattituck; Lot No. 54, Map of Deep Hole Creek
Estates. County Tax Map Parcel No. 1000-115-16-20. This
property is substandard in size at 21,710 sq. ft. in this R-40
Zone District.
WHEREAS, after due notice, a public hearing was held on
July 22, 1993, and at said hearing all those who desired to be
heard were heard and their testimony recorded; and
WHEREAS, the Board has carefully considered all testimony
and documentation submitted concerning this application; and
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. This is an appeal of the June 23, 1993 Notice of
Disapproval issuance by the Building Inspector in which the
appellant has requested an application for a building permit for
the construction, as exists, of a detached garage for storage
purposes which is located partly in the sideyard area and partly
in the rear yard.
2. The premises in question is located in the R-40
Low-Density Residential Zone District and contains a total area
of approximately one-half acre, and is referred to as Lot No. 54
on the Subdivision Map of Deep Hole Creek Estates. The map
submitted with this application shows this parcel is presently
improved by an one-story, single-family dwelling structure built
about 1975 having a set back 38 feet at its closest point to the
front property line, 19+- feet from the northerly side property
line and 30+- feet from the southerly side property line. Also
constructed is a new deck at the rear of the dwelling and
Page 2 - Appl. No. 4183
Matter of JOHN AUSTINE
Decision Rendered July 22,
1993
subject accessory garage building, both recently built without
building permits.
3. The subject garage is shown by appellant to be 24 ft.
by 24 ft. The appellant shows the garage to be exactly five
feet, at no closer, to the southerly side property line, which
is the minimum setback distance requirement of the code under
Section 100-33. The deck was recently built and places the
garage partly in the side yard (see sketch prepared by
appellant) which is not permissible without a variance.
4. The use of the accessory garage shall be authorized for
storage of the owner's own vehicles, lawn equipment and the
like, as may be incidental to the principal dwelling use. This
building may not be Used or operated for business or similar
gainful purposes (such as rental for non-owner storage, etc.)
and/or may not be used as a separate principal use.
5. For the record the garage building as exists, and
proposed, is at one-story height, for a total of 13 feet above
grade as shownon the construction plan submitted for
consideration. All roof runoff must be retained on the
premises of the applicant, and dry wells shall be installed to
retain all water runoff as stipulated by the code to prevent
runoff onto neighboring lands.
6. It is the position of the Board in considering this
application that: -~ .
(a) the circumstances are not uniquely related to the
property -- the construction of a deck placed Part of the garage
in the side yard.
' (b) the difficulties are self-created - no permits
were obtained for either the deck or the garage by the property
owner or the builder.
(c) there is another method feasible for appellant to
pursue other than a variance to locate the garage ten feet
further into the rear yard;
(d) the relief requested is not substantial in
relation to the requirements - only part of the garage is
located in the restricted side yard;
(e) the variance requested does not involve any
increase of dwelling unit density;
(f) the relief requested will not cause a substantial
effect on available governmental facilities since the structure
Page 3 - Appl. No~4183
Matter of JOHN AUSTINE
Decision Rendered July 22,
1993
is for enclosed parking and storage of the owner's own lawn and
other items;
(g) the variance will not in turn be adverse to the
safety, health, welfare, comfort, convenience, or order of the
town, or be adverse to neighboring properties, and the benefit
to the applicant as weighed against the detriment to the health,
safety, welfare of the community, is greater;
(h) in considering all the above facts, the interests
of justice will be served by granting the variance as further
noted below..
Accordingly, on motion by Chairman Goehringer, seconded by
Member Doyen, it was
RESOLVED, to GRANT a Variance for the location of a portion
of the accessory garage in the side yard, SUBJECT TO THE
FOLLOWING CONDITIONS:
1. That the setback to the side yard not be closer than
five feet as applied;
2. The overhang (soffit and gutters) shall not extend more
than 12 to 13 inches from the wall (into the side yard);
3. That the building shall be limited to an accessory use
for garage or storage purposes incidental and related to the
principal dwelling use of the owner and not be operated for
gainful purposes (not for rental storage or other separate
business purposes), etc.
4. That there be no cooking facilities or utilities other
than electric;
5. That there be no sleeping or living quarters, as
restricted by the accessory provisions of the code in this R-80
Zone District.
6. That all water runoff shall be retained on site in dry
well(s).
vntm of the Board:
~,WJ_Lton~ (Aaainst: M~
Tm SO.UTHg TOW C mK
___Tow_n Clezk, Town of Sout}~old
Ayes: Messrs. Doyen,
ssrs. Dinizio and Villa.)
nargin).
Goehringer and
This resolution
~ GOEHRiNGER ~~
APPEALS BOARD MEMBERS
Gerard P. Geehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
· Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
NOTICE OF PUBLIC HEARINGS
SCOTTL. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town
Law and the Code of the Town of Southold, that the following
public hearings will be held by the SOUTHOLD TOWN BOARD OF
APPEALS, at the Southold Town Hall, 53095 Main Road, Southold,
New York 11971, on THURSDAYt JULY 22, 1993 commencing at the
times specified below:
1. 7:32 p.m. Appl. No. 4172 - To reconvene hearing in the
Matter of JANET A. FERGUSON (continued from June 22, 1993).
Central Avenue, Fishers Island, NY; County Tax Map Parcel ID
No. 1000-066-08-006.
2. 7:35 p.m. Appl. No. 4182 - KELLY McDERMOTT. Variance to
the Zoning Ordinance, Article IIIA, Section 100-30A.3 (Bulk
Schedule) for permission to expand house and accessory garage
which will exceed the 20% lot coverage limitation. Property
Location: Northeasterly corner of Oysterponds Lane and
Skipper's Lane (a/k/a State St.), Orient, NY; County Tax Map
Parcel No. 1000-24-1-8. This property contains an area of
Page 2 - Notice of ~rings
Southold Town Board of Appeals
Regular Meeting of July 22, 1993
8710+- sq. ft. and is located in the R-40 Residential Zone
District.
3. 7:40 p.m. Appl. No. 4179 - THOMAS D. DUFF, JR. and ELAINE
DUFF. Variance to the Zoning Ordinance, Article III, Section
100-32B for permission to construct deck addition along west
side of existing dwelling with a reduced side yard setback.
Property Location: South Side of Crescent Avenue (North Hill),
Fishers Island, NY; bounded west by Nitze; east and south by
Zabohonski; County Tax Map Parcel ID No. 1000-6-2-3.2; also
referred to as Lot 25 on the unfiled "Map of Henry Walsh." This
parcel is nonconforming at 1.003+- acre in an R-80 Zone
District.
4. 7:45 p.m. Appl. No. 4160 - SUSAN TASKER. Variance to the
Zoning Ordinance, Article XXIII, Section 100-239.4A for
permission to locate dwelling structure with a reduced setback
from the bank or bluff of the L.I. Sound. Property Location:
58235 C.R. 48, Greenport, NY; County Tax Map Parcel No.
1000-44-2-11. This parcel is nonconforming at 5,775 sq. ft. in
this R-40 Zone District.
5. 7:50 p.m. Appl. No. 4177 - JAMES P. and EILEEN LEDDY.
Variance to the Zoning Ordinance,'Article XXIV, Section 100-244B
(pertaining to nonconforming lots) and Bulk Schedule, for
Page 3 - Notice of Oarings
Southold Town Board of Appeals
Regular Meeting of July 22, 1993
permission to construct front porch addition with a reduced
front yard setback at 195 Mary's Road, Mattituck; County Tax
Map Parcel No. 1000-140-2-36.
6. 7:55 p.m. Appl. No. 4178 - JAMES AND DOROTHY FITZGERALD.
Variance to the Zoning Ordinance, Article XXIV, Section 100-244B
(schedule pertaining to nonconforming lots) for permission to
construction open deck addition with an insufficient rearyard
setback. Property Location: Southwest Corner - Intersection of
Oak Drive and Haywaters Drivel Cutchogue; County Tax Map Parcel.
No. 1000-104-5-25. This parcel is nonconforming at 19,602+- sq.
ft. in this R-40 Zone District.
7~ 8:00 p.m. Appl. No. 4180 - JOAN AND ROY BERMAN.. Variance
to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for
permission to construct addition to accessory storage-garage
building which was recently altered under Permit No. 20895
issued 8/18/92. Proposed addition would reduce the required
frontyard setback and would be in excess of 20% lot coverage
limitation for all buildings. Property Location: 520 Rabbit
Lane, East Marion, NY; County Tax Map Parcel No. 1000-31-18-11.
This property is nonconforming at 2614+- sq. ft. in this R-40
Zone District.
Page 4 - Notice of ~rings
Southold Town Board of Appeals
Regular Meeting of July 22, 1993
8. 8:05 p.m. Appl. No. 4039 - CLIFFSIDE ASSOCIATES, INC.
(Owner). This is a request which concerns the April 26, 1991
and April 9, 1991 Notices of Disapproval issued by the Building
Inspector concerning an application for permit to include
kitchenettes in motel units citing Article III, Section 100-13
which is the Definition Section of the Zoning Code pertaininq
to the April 9, 1991 Notice of Disapproval which reads,
"...hotel or motel transient which says in part that there will
be no cooking facilities..", and Dertaininq to the April 25,
1991 Notice of Disapproval which reads, "...hotel or motel
resort. Action required by Zoning Board of Appeals to permit
cooking facilities in individual motel units .... "
The subject premises previously had received a conditional
determination for a Special Exception filed 11/28/89 under
Application No. 3542 for use of the premises for 68 motel units
without individual kitchenettes or dwelling uses. Location of
Property: 61475 C.R. 48, Greenport, NY; County Tax Map Parcel
No. 1000-045-01-001 and 002 (now 2.1), containing approximately
7.5 acres. The subject premises is located in the
Resort-Residential (RR) Zone District.
9. 8:10 p.m. Appl. No. 4181 - AABR Realty Facilities Holding
Corp., a Type C Not-For-Profit Corporation (now or formerly
known as "Association for The Advancement of Blind and Retarded,
Inc." , as Contract Vendee, request a Special Exception as per
'Page 5 - Notice of ~rings
Southold Town Board of Appeals
Regular Meeting of July 22, 1993
the Southold Town Zoning Code, Article III, Section 100-31B for
use as a philanthropic home as provided by Subsection 5 thereof.
Property Location: South Side of Middle Road near the'end of
Highway 48, House #6760, Mattituck, NY (present owners: Joseph
and Patricia Stiefer). County Tax Map Parcel ID No. 1000-121-
4-8.1, containing 13+ acres.
10. 8:20 p.m. Appl. No. 4183 - JOHN AUSTINE. Variance to the
Zoning Ordinance, Article IIIA. Section 100-30A.4 for permission
to locate accessory one-story garage building partly in the side
yard with a setback at approximately five feet from the
'southerly side property line. Location of Property: 3735 Deep
Hole Drive, Mattituck; Lot No. 54, Map of Deep Hole Creek
Estates. County Tax Map Parcel No. 1000-115-16-20. .This
property is substandard in size at 21,710 sq. ft. in this R-40
Zone District.
11. 8:30 p.m. Appl. No. 4120 - MATTITUCK AUTO CENTER, INC. and
WILLIAM GOODALE. Variance to the Zoning Ordinance, Article
XXI, Section 100-212B for relief from the front yard landscaping
provisions of the zoning code. Location of Property: 7655 NYS
Route 25 (Main Road), Laurel, near Mattituck, NY; County Tax
Map Parcel No. 1000-122-6-30.1 (previously 30).
Page 6 - Notice of ~rings
Southold Town Board of Appeals
Regular Meeting of July 22, 1993
12. 8:30 p.m. FINAL HEARING on Appl. No. 4119SE - MATTITUCK
AUTO CENTER, INC. and WILLIAM GOODALE. Special Exception to the
Zoning Ordinance, Article X, Section 100-101B(12) for a permit
authorizing: (a) a new car sales-rental establishment; (b)
an establishment of an accessory use incidental to the proposed
new car sales estabiishment for the sale and/or lease of used
vehicles; (c) outside display of vehicles for sale; (d)
accessory office use incidental to the new principal use as a
new car sales establishment.
Road (NYS Route 25), Laurel,
Parcel No. 1000-122-6-30.1.
Location of Property: 7655 Main
near Mattituck, NY; County Tax Map
The Board of Appeals will.at said time and place hear any
and all persons or representatives desiring to be heard in the
above matters. Written comments may also be submitted prior to
the conclusion of the subject hearing. Each hearing will not
start before the times designated above. If you wish to review
the files or need to request more information, please call
7.65-1809 or visit our office.
Dated: July 6, 1993.
BY ORDER OF THE SOUTHOLD
TOWN BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMA/N
By Linda Kowalski
x
FORM NO, 3
TOSTN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
Date .~.~. ~ ~.~.
-'. ~ .................... , 19 .
........ L,~. ~g_,... :~..
.... ~~.,..~f.,. ~/7~ ·
County Tax Map No. I000 Section ...[~ ....... Block . ~ ..... Lot . ~ .........
Subdivision ................. Filed Map No. ~ ............... Lot No ..................
. // ~ ~ · .. . c , "w .......... ~...5.~.~.~.~
'; ~' '~~~ .................................. ~. ...... 7...~ .C.
Bu~,ding ~nspe~%~
RV 1/80
Exanffned . ~//~,,~ ......
.0
FORM NO. 1
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN HALL
-SOUTHOLD, N.Y. 11971
TEL.: 765-1803
Approved ................. 19... Permit No ............
DisapPrOved a/c . . ~ ....
BOARD OF HEALTH ........
3 SETS OF PLANS .........
SURVEY ..................
CIIECK
SEPTIC ;ORH .............
(Building Inspector)
APPLICATION FOR BUILDING· PERMIT
' INSTRucTIoNS
Date ~--'.//g'- 5V?
................ 19...
a. Tiffs application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3
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 sfi'eets
or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli-
cation.
c. The work covered by this application may not be commenced before issuance of Building Permit.
d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit
shall be kept on the premises available for inspection throughout the work.
e. No building shall be occupied or used in whole or in paxt for any purpose whatever until a Certificate of Occupancy
shall have been granted by the Building Inspector.
APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the
Building Zone Ordinance of the Town of South01d, Suffolk County, New York, and other applicable Laws, Ordinances or
Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described.
The applicant agrees to comply with all applicable laws, ordinances, building code, housi)3~ code, and regulations, and to
admit authorized inspectors on premises and in building for necessary ~ns. ~ ' .
(S'g~'~~e, if a corporation)
· ....
(Mailing address of applicant)
State whether applicant is owner, lessee/agent, architect, engineer, general contractor, electrician, plumber or builder.
Name of owner of premises . . .,~.~.t4. ..... V.. .~. ~':r,~ ~ ' '
(as on the tax roll or latest deed)
If applicaht is a corporation, signature of duly authorized officer.
(Name and title of corporate officer)
Builder's License No. . .7,-..~.', '~ L7./....~. 3 ....
Plumber's License No.
Electrician's License No .......................
Other Trade's License No.. ....................
1. Location of land on which proposed work will be done ....
· .................. '.c.
ltouse Number Street Hamlet
Col. mtyTax~dapNo, lOOOSection ~./..~'...' ..... · .... Block ./~. ....... ' .. Lot...~:~...
Subdivision
........ . ................ ' Filed Map No.
(Name) .............. Lot ...............
2~ State existing use and occupancy of premises and intended use and occupancy of proposed ~onstructioni
a. Existing use and occupancy ~....~
b. lntended use arid occupancy . J',)..O:q....%'~vr~d'.. ' ~ 3.~. ~.... ~. 3~).g..c..~'7.. :.
· 3. Nature of work (check which ~k'cable ....... ' ' ~
~, j pdew J~uuamg ' Al' · '
Repair ' · ................. teratzon : ....
· ' ............. Removal ............ Demolition · : ....... Other Work .........
4. Estimated Cost· .~...-'~.~.~.9.O... GO · (Description)
If dwelling, number of dwelling units - (to be paid on filing this application)
5. - .............. Number of dwelling units on each floor.. '
· If garage, number of cars .... · · · ·
6. If business, Commercial or mixed occupancy, specify nature and extent of.each type of use .............
Dimensions of existing structures, · ·, .....
7. if any: Front ............ : ·. Rear .............. Depth ...............
Height ............... Number of Stories ..... i .................. ' ..........................
Dimensions of shine structure with alterations or additions: Front ........... Rear . . ' ....
Depth ..... He ght ........... · ........ ;.. Number of Stories ...........
8. Dimensions of entire new construction: Front ............... Rear ..; ............ Depth ...............
Height ............... Number of Stories
9. Size of loc: Front ......... . .............. Rear .................. i... Depth ......................
10. Date of Purchase
11. · .............. ' ......... Name of Former Owner ....................
Zone or use district in which premises are situated .............. , ........................ ': .......
Does proposed construction violate any zoning .....
12. law, ordinance or regulation: .......................
13. Will lot be regr?ded ....... ; .................... Will excess fill be removed from premises: Yes N~
14. Name of Owner of premises ........... ' · .. ~-...Address ................... Phone No ............ : :..
d ''
Name of Architect .................. . A dress ................... Phone No ...............
Name of Contractor .......................... Address ............. ...... Phone No .......... ' ...
15.' I.s this property within 300 feet of a t±dal wetland? *Yes ........ No .........
· If yes, Southold Town Trustees Permit may be required.
.... PLOT DIAGRAM
Locate clearly and distinctly all buildings, Whether existing or proposed, and. indicate all set-back dimensions from
property lines. Give street and block number or description according to deed, and show street names and indicate whether
interior or corner lot.
STATE OF NEW YORICk, ~
covey OF ..... S.S
.......... · '.'~...~/.ftC3..P-.{.'~ ..... ,/t~.'l .. ........ being duty sworn, deposes and says that he is the applicant
(Name of individual signing contract)
lbove named.
le is the ...................... .~.o.~..,~..~..-t7,~..~2~ ...............................
(Contractor agent corporate officer etc ) .......
,f said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this
pplication; that all statements contained in this application are true to the best of his knowledge and belief; and that the
~ork will be performed in the manner set forth in the application filed therewith.
worn to before me this
...........
' "': '" ...... 2:j ....
' ', ........... .'~_'_-._-__'_-_~.z.._._ - -~
ROBERT!.._SCO~ JR. . ' ~' ' ( 'g ature of applicant)
NOTARY PURUC, State of N.Y.
' No: 4725089, Suffolk COunh~.
. T~AI E,xD~res May .ql ·, o ~.// · '
I~ECEIVED
JUL u~ 1993
%,uthollt ]'owrT~JJlJ[ OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
APPEAL NO. A/ / E~,~
DATE ...........
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
George Arndt ,~IL6L~£ -, 64 Circle drive north
I, (We! ............................................................... -, ............................. · ......... .... .................................
Name of Appellant Street and Number
Pa tchogue NY
...................................................... HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... DATED· . .6. /. .2. . .3. ~. .9. . .3. .....................................
WHEREBY THE BUILDING INSPECTOR DENIED TO
(x)
( )
( )
Name of Applicant for permit
of
. .v..e.. ........... .................. ..".Z ......................
Street and Number Municipality State
PERMIT TO USE
PERMIT FOP, OCCUPANCY
I. LOCATION OF THE PROPER'FY .3.2.~.L~.e...e. Lb..o.~..e..~..r.....~_£~-~.m ..................................
Street /Hamlet / Use District on Zoning Map
District 1000 Section Block Lot
........................................... _..Current Owner =Jbh'n Austine
MaP No. ' Lot No.
115 16 20 Prior Owner..V. ivian Blackman
2. PI?,OVISION (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 'n-~ Section 1OO-~Oa.4 100-33
3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box)
(X) A VARIANCE to the Zoning Ordinance or 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
(has) ~o~been respect to
4. PREVIOUS APPEAL A previous appeal ~,~ . made with this decision
Of the Building Inspector or with respect to this property.
· Such appeal was ( ) request for a special permit
[ ) request for o variance
and was made in Appea! No ................................. Dated .................. ~ .......... , ........................................
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection
(b~) A Variance to the Zoning Ordinance
( )
is requested for the reason that .,,;:- Lu ~,~
(Continue on other side)
REASON FOR APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce pmcticaldifflcultiesorunneces-
sowHARDSHIPbecause The homeowner in question has just recently purchased
this home to retire in. For the deck to conform to existing building codes
it could not project more than nine feet off the existing house
making it very unpractical for normal use.Also the storage building
would have to be moved back on the property eight feet and would cost
the homeowner a additional two thousland six hundered dollars in
driveway and other construction costs.
2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate
vicinity of this prol~erty and in this use district because
3. The Variance would observe the spirit of the O~inance and .WOULD NOT CHANGE THE
CHARACTER OF THE Dl~l~lCTbecause The degk addition in ~uestion is to
be Construcbed on the rear df the existing house and is no~ visable
fr.0m the front back or side yards.Also all railings'will be decorative
and the entire deck will be constructed of first quality cedar to match
6he existing nebiorhood.~he garage/storage building in question also is
blocked from clear view on three sides by existing trees and shrubs.
The siding on the building w~!tl be completed with cedar shakes and
stained to match the existing house. ''
STATE OF NEW YORK ) .~ ~
..... ........... " '
COUNTY OF )
to ........ do;,
Notary Public
Notary Publlg,.~t at® of Nm~ Yo~
NO. 4~9~4
Quaked in SUFFOLK COUNTY
/~-//.~--;X-z~ TOWN OF SOUTHOLD PROPERTY RECORD CARD
OWNER STRE~ ~',{ 5,,: WL~GE D~ST.SU~. LOT
RES~ S~S. VL. FARM COMM. CB. MISC. Mkt. Value
~ND IMP. TOTAL DATE REMARKS
L 7?05
7 ~ ?~ ,, ?//-,/TY ~/~7/zx ro~ (r~,z~)s./~r~o~z~ ~ r~'~s/~:,'~o~:~z~
· i
FARM Acre Value Per Value
Acre
Tillable I
Tillable 2
Tillable 3
Woodland
Swampland FRONTAGE ON WATER
Brushland FRONTAGE ON ROAD
House Plot DEPTH
~[ ~1 ~HEAD
COLOR
TRIM
Breezeway
Garage
Patio
Total /
// X = 2YZ
Foundation
~.~ Basement
Ext. Walls
7- I~ Fire Place
I ~l~' Type Roof
~f(~ Recreation Roorr
Dormer
Dr veway
pO~/ C~e~, ~t Bath
/Fl°°rs
~]/.. I ~/~ /|Interior Finish
Heat
Rooms 1st Floor
Rooms 2nd Floor
Dinette
!BR.
FIN. B.
~'' '~' "~ ~r bOUTHOLD
YOUNG & YOU
41~0 O~ITRANDER AVENUE, RiVERN
ALDEN W. YOUNG '
FRANCES ROSE HOMES CO./NC
LOT NO. S~ "DEEp HOI-ECREEK
ESl
14A TT'I~'UCK
SOUTHO~O
SUFFOLK CO, N.
H.. ,
/..~
L
PUBLIC HEARING
BOARD OF ZONING APPEALS
TOWN OF SOUTHOLD
July 22, 1993
P r e s e n t ': HON.
(7:30 p.m. Hearings Commenced)
GERARD P. GOEHRINGER,
Chairman
SERGE DOYEN, Member
JAMES DINIZIO, JR., Member
ROBERT A. VILLA, Member
RICHARD C. WILTON, Member
LINDA KOWALSKI,
Clerk-Assistant to Board
Board of Appeals
45 July 22, 1993
APPL. NO. 4183 - JOHN AUSTINE.
Variance to the Zoning Ordinance, Article IIIA, Section
100-30A.4 for permission to locate accessory one-story garage
building partly in the side yard with a setback at approximately
five feet from the southerly side property line. Location of
Property: 3735 Deep Hole Drive, Mattituck; Lot No.' 54, Map of
Deep Hole Creek Estates. County Tax Map Parcel No.
10002115-16-20. This property is substandard in size at 21,710
sq. ft. in this R-40 Zone District.
8:38 p.m. (The Chairman opened the hearing and read the Legal
Notice and application for the record.)
THE CHAIRMAN: I have a copy of a survey showing a
onevstory frame home approximately thirty feet from the
southeasterly property line and approximately 19+- feet from the
northerly property line, and a copy of the Suffolk County Tax
Map indicating this and the surrounding properties in the area.
The nature of this application is a 24 by 24-foot garage, to be
placed approximately 5 to 10 feet past the rear of the house but
adjacent tO the deckl Would you like to be heard, sir? Again,
if you wouldn't mind using that microphone.
Appearance:
Austines
MR. ARNDT:
homeowners.
George Arndt, Contractor,
for the Applicant.
I am George Arndt, contractor for the
with. I would just like everyone to know that we plan on
conforming to the existing architecture of the home. It is not
If there ts any questions I can help
Board of Appeal
46
July 22, 1993
going to be vinyl siding. We are going to stay with cedar
shakes and maintain the architectural integrity of the
surrounding area.
THE CHAIRMAN: When we measure the five feet, does it
include the overhang?
MR. ARNDT: No.
THE CHAIRMAN: It does not.
MR. ARNDT: About six inches.
THE CHAIRMAN: Okay.
MR. ARNDT: Also, the entire roof of the garage
--the property line is lined by trees, so it is not visible if
you went off the property or the front yard.
THE CHAIRMAN: Do you have any intentions on the
southerly side of putting any gutters or downspouts or
anything on it?
MR. ARNDT: No.
THE CHAIRMAN: The nature of this decision may
indicate that you may be forced to it if water flows from that
garage roof to the neighbor's property, so I am just mentioning
that to you. That is a concern that we don't normally place in
a decision, but we don't usually get that close, by the way.
MR. ARNDT: We would be happy to conform with
· anything that the Zoning Board decides that.they would like us
to do.
THE CHAIRMAN: What is going to be in the garage, just
electricity as a utility?
How much is the overhang?
Board of Appeals 47 July 22, 1993
MR. ARNDT:
THE CHAIRMAN:
this contractor?
MEMBER VILLA:
the Town?
That is correct.
Any questions from any Board members
of
MR. ARNDT: Yes, sir, I am.
MEMBER VILLA:- How come you go ahead and build
something without a permit?
owner,
Islip,
MR. ARNDT: Well, to be quite frank with you, the
Mr. Austine, his home has been purchased by the Town of
and he is under extreme pressure to move out of his
existing home. They are building a landfill right behind his
home, so he has a deadline to leave. I called the Southold
Building Department and spoke with one of the Inspectors to find
out what exactly was necessary for me to proceed with
construction. He said if the property was over ~0,000 feet that
I would have to maintain 5 feet from the property line. What I
failed to speak with him about was the deck that we are also
constructing, which made the garage actually in the side yard.
Without the deck, they Just would have issued a permit and we
wouldn't have had to come before the Zoning Board; so we
proceeded on that basis, and right thereafter applied for the
Building application.
MEMBER VILLA: Do you usually go ahead and start a Job
without --
Yes; are you a licensed contractor with
Board of Appeal.~
48
July 22, 1993
MR. ARNDT: No, sir, we do not, but these were
unusual circumstances for myself and for the homeowners. They
had just recently purchased the home.
MEMBER VILLA: I get very upset sitting here and
hearing all these applications come before us when half the
things are built already. It doesn't make any sense.
THE CHAIRMAN: Okay. Is there anyone else who would
like to speak?
MR. ARNDT: May I say --I also consider and
understand your concern and annoyance; but would you also
consider the fact that nothing would be finished and we wouldn't
inhibit the inspector's actual inspection at any point for the
garage. We hadn't planned on closing it up and we knew he could
still perform his masonry inspection and electrical inspection
and what have you.
MEMBER WILTON: What was the urgency of building the
garage?
MR. ARNDT: The homeowner, the home he is living in
now, as I said before, has been purchased by the Town of Islip
already, and he must vacate the premises by a designated point
in time, I believe August. The home he is living in now, is a
nine-room ranch in Smithtown with a two-car garage, so he has
· various lawnmowers, whatever, other equipment he may have that
you keep in your garage. So he was concerned with getting that
constructed before actually moving into the home.
Board of Appeals
49 July 22, 1993
THE CHAIRMAN: Okay, while you are standing, is there
anybody else who would like to speak either pro or con
concerning this decision, in the audience?
THE CLERK: I am just wondering: Is it five feet from
the property line as built?
THE CHAIRMAN: It is 5 feet as
six-foot, six-inch overhang..
THE CLERK: Eight-inch on the plans?
THE CHAIRMAN:
Seeing no further hands,
reserving decision until
built except for a
shortly.
MR. ARNDT:
The plans say 8-inch, all right.
I make a motion closing the hearing and
later.
(Seconded and carried; see Clerk's Minutes.)
THE CHAIRMAN: We hope to have a decision for you very
Thank you for coming out.
Thank you.
Page 3 - Appl. No. 4183
Matter of JOHN AUSTINE
Decision Rendered July 22, 1993
is for enclosed parking and storage of the owner's own lawn and
other items;
(g) the variance will not in turn be adverse to the
safety, health, welfare, comfort, convenience, or order of the
town, or be adverse to neighboring properties, and the benefit
to the applicant as weighed against the detriment to the health,
safety, welfare of the community, is greater;
(h) in considering all the above facts, the interests
of justice will be served by granting the variance as further
noted below.
Accordingly, on motion by Chairman G°ehringer, seconded by
Member Doyen, it was
RESOLVED, to GRANT a Variance for the location of a portion
of the accessory garage in the side yard, SUBJECT TO THE
FOLLOWING CONDITIONS:
1. That the setback to the side yard not be closer than
five feet as applied;
2. The overhang (soffit and gutters) shall not extend more
than 12 to 13 inches from the wall (into the side yard);
3. That the building shall be limited to an accessory use
for garage or storage purposes incidental and related to the
principal dwelling use of the owner and not be operated for
gainful purposes (not for rental storage or other separate
business purposes), etc.
4. That there be no cooking facilities or utilities other
than electric;
5. That there be no sleeping or living quarters, as
restricted by the accessory provisions of the code in this R-80
Zone District.
6. That all water runoff shall be retained on site in dry
well(s).
Vote of the Board: Ayes: Messrs. Doyen, Goehringer and
Wilton. (Against: Messrs. Dinizio and Villa.) This resolution
was duly adopted (3-2 margin).
lk
~ HRINGER
DEPARTMENT OF PLANNING
COUNTY OF SUFFOLK
ROBERT J. GAFFNEY
SUffOlK COUNTY executive
ARTHUR H. KUNZ
DIRECTOR Of PLANNING
August 6, 1993
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)
Duff, Thomas & Elaine Jr.
Austine, John
4179
4183
Very truly yours,
Harold A. Withers
Deputy Director of Planning
GGN:mb
S/s Gerald G. Newman
Chief Planner
APPEALS BOARD MEMBERS
Gerard P. Goehrin~er, Chairman
Serge Doyen, J~.
James Dinizio, Jr.
R 13obe.rt.& ~Villa
icnara b. wilton
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
SCOTF L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
Ptlrsu~3nt to Article XIV of the Suffolk Collnty Ad~i_nistrative Code, The
Board of Appeals of the Town of Southold, N~ York, hereby refers the following
to the Suffolk County Planning Cc~a~ission:
XX Variance from the Zoning Code, Article IIIA , Section 100-30A.4
Variance from Determination of Southold Town Building Inspector
__. Special Exception, Article , Section
__ Special Permit
Appeal No: 4183 Applicant:John Austine
Location of Affected Land: 3735 Deep Hole Drive, Mattituck, NY
County Tax Map Item No.: lO00- 115-16-20
Within 500 feet of:
~'Town or Village Boundary Line
'XX 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 locale accessory garage
buildin~ partly in'the side yard.
Copies of Town file and related documents enclosed for your review.
Dated: August 5, 1993
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 $OUTHOLD
August 4,
1993
SCOTTL. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
Mr. George Ardnt
Ardnt Construction
64 Circle Drive North
Patchogue, NY 11772
Re: Appl. No. 4183 - (Variance for Accessory Storage Building)
Dear Mr. Ardnt:
Please find attached for your permanent records a copy of
the Findings and Determination rendered by the Board of Appeals
in the above matter.
Please be sure to return to the Building Department. We
are this date also providing a copy of the Board's determination
to the Building Department for their update and recordkeeping.
A copy of this file is also being transmitted to the Suffolk
County Department of Planning in accordance with the Suffolk
County Administrative Code concerning variance referrals.
Very truly yours,
Linda Kowalski
Enclosure
Copies of Decision to:
Building Department
Suffolk County Planning Commission
Copies of the Legal Notice of Hearings for 7/22 sent to the
following on 7/6/93:
Stephen L. Ham III, Esq.
45 Hampton Road
Southampton, NY 11968
Mrs. Kelly McDermott
P.O. Box 2002
Orient, NY 11957
En-ConsultantS, Inc.
1329 North Sea Road
Southampton, NY 11968'
Mr. and Mrs. James P. Leddy
29 Bradford Lane
Bethpage, NY 11714
Rudolph H. Bruer, Esq.
Main Road - Box 1466
Southold, NY 11971-1466
Mr. and Mrs. Thomas Duff~
34 Hunter Road
Manchester, CT 06040
Jr.
Re: Ferguson
Re: Tasker
Re: AARB
Mr. and Mrs. Roy Berman
79 Mackey Avenue
Port Washington, NY 11050
Richard T. Haefeli, Esq.
184 Main Street
P.O. Box 1112
Westhampton Beach, NY 11978
J. Kevin McLaughlin, Esq.
1050 Youngs Avenue
Southold, NY 11971
Ardnt Construction
64 Circle Drive North
Patchogue, NY 11772
Re: cliffside Associates
Re: Goodale/Mattituck Auto
Re: Austine
Re: Fitzgerald
Proper-T Services, Inc.
P.O. Box 617
Cutchogue, ~f 11935
.L.I. Traveler-%~atchman, Inc. - Times-Review courtesy copy
ZBA Board Mem~rs with copies of each pertinent file
Town Clerk Bulletin Board (in lobby)
Building Department Attn: C. Horton
Planning BsardkChairman R. Ward
Town Attorney ~. Arnoff
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman.
Serge Doyen, J~.
James Dinizio, Jr.
Robert A. Villa
i card '
Telephone (5~6) ~-t~)
BOARD OF APPEALS
TOWN OF SOUTHOLD
July 2,
TYPE II ACTION DECLARATION
Appeal No. 4]83
Project/Applicants:
County Tax Map No.
Location of Project:
John Austine
1000- 115-16-20
3735 Deep Hole
Dr., Mattituck, NY
SCOT'F L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
]993
Relief Requested/Jurisdiction Before This Board in this Project:
Construct garage partly in sideyard
This Notice is issued pursuant to Part 617 of the
implementing regulations pertaining to Article 8 of the N.Y.S.
Environmental Quality Review Act of the Environmental
Conservation Law and Local Law #44-4 of the Town of Southold.
An Environmental Assessment (Short) Form has been
submitted; however, Section 617.13 of 6 NYCRR Part 616, and
Section 8-0113 of the Environmental Conservation Law, this
variance application falls under the Type II classification as
established by law. Further, this Department may not be an
involved agency under SEQRA {Section 617.13(a) as amended
February 14, 1990).
Although this action is classified as Type II for this
variance application under SEQRA {specifically 617.13, 616.3(j),
and 617.2(jj)), this determination shall have no affect upon any
other agency's interest or SEQRA determination as an involved
agency.
For further information, please contact the Office of the
Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at
(516) 765-1809.
Original posted on Town Clerk Bulletin Board, Town Hall
Copies to applicant or his agent and individual board members.
Copy placed in ZBA project file for record purposes.
mc
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
Town Hall, 53095Main Road
P.O. Box 1179
Sou~old, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TO:
FROM:
DATED:
RE:
Southold Town Zoning Board of Appeals
Judith T. Terry, Southold Town Clerk
July 2, 1993
Zoning Appeal No. 4183 of John Austine
Transmitted herewith is Zoning Appeal No. 4183 of JOHN AUSTINE
submitted by George Arndt for a variance. Also included is copy of
proposed decking shown on survey; copy of Application for Building
Permit; Notice of Disapproval; Short Environmental Assessment Form;
ZBA Questionnaire; Notice to Adjacent Property Owners; and drawings
of proposed deck.
Judith T. Terry
Southold Town Clerk
2 CAR GARAGE
MATERIAL LIST FOR DESIGN 2184 (24" O.C.)
MATERIAL SUPPLIED BY 84 LU~BER
QU~TITY SIZE DES~RIPTION
~bJ
~ __STLi D
SEISMIC / HURRICANE DETAILS
TIE
L~?
SCALE:
SHEATII,G ,,
Lj?I-11
I II
FLc~c'F-,
i
\~-~ r B.O..A. RD OF APPEALS
~ ./~ TOWN OF SOUTHOLD
NOTICE OF
PUB INGS
NOTICE IS HEREBY
GIVEN, pursuant to Section
267 of the Town Law and the
Code of the Town of
Southnid, that the following
public hearings will be held by
the SOUTHOLD TOWN/
BOARD OF APPEALS, at
the Southold Town Hall,
53095 Main Road, Southold,
New York 11971, on THURS-
DAY, JULY 22, 1993, com-
mencing at the times specified
below: ·
1.7:32 p.m. Appl. No. 417Z-L
To reconvene hearing in the~-
Matter of JANET
FERGUSON (¢0n~inued from
June 22, 1993).' Central
Avenue, Fishers Island,' NY;
County Tax Map Parcel ID
No. 1000-066-08'006.,
2. 7:35 p.m. Appl. No. 4182-
KELLY McDERMOTT.
Variance tq the Zoning Or-
dinance, Article ILIA, Section
100-30A.3 (Bulk Schedule) for
permission to expand house
and accessory garage which i
will. exceed the 20% lot
coverage limitation. Property
Location: Northeasterly cor-
ner of Oysterponds Lane and
Skipper's Lane (a/k/a State
St.), Orient, NY; County Tax
Map Parcel ID Nor
1000-24-1-8. This property
contains an area of 8710± sq.
ft. and is located in the R-40
Residential Zone District.
3.7:40 p.m. Appl. No. 4179-
THOMAS D. DUFF, JR.
AND ELAINE ' DUFF.
-Variance. to 'the Zoning Or-
dinance, Article III, Section
100-32B for permission to
construct deck addition along
west side of existing dwelling
with a reduced side yard set-
back. Property Location:
South side of Crescent Avenue
(North Hill), Fishers
Island,NY; bounded west by
Nitze; cast and south by'
Zabohonski; County 'Pax Map/~
Parcel ID No. 1000-6-2-3.,2;~
also referred.to as' Lot 25 on
the u~,filed "Map of Henry
Walsh. This parcel is noncon-
forming at 1.003 + acre in an
R-80 Zone District.
4. 7:45 p.m. Appl. No 4160-
SUSAN TASKER. Variance to
the Zoning Ordinance, Article
XXIII, Section 100-239.4A for
permission to locate dwelling
structure with a reduced set-
back f~ the bank or bluff
of then]~I. Sound· Property
Location: 58235 C.R. 48,
Grecnport, NY: County Tax
Map Parcel ID No.
1000-44-2-11. This parcel is
nonconforming at 5,775 sq. ft.
in this R-40 Zone District.
5.7:50 p.m. Appl. No. 4177-
JAMES ~p, and EILEEN
LEDDY. Variance to the Zon-
ing Ordinance, Article XXIV,
Section 100-244B (pertaining
to nonconforming lots) and
Bulk Schedule, for permission
to construct front porch addi-
tion with a reduced front yard
setback at 195 Mary's Road,
Mattituck; County Tax Map
Parcel ID No. 1000-140-2-36:
6. 7:55 p.m. AppL No. 4178-
JAMES AND DOROTHY
FITZGERALD. Variance to
the Zoning Ordinance, Article
XXIV, Section 100-244B
(schedule pertaining to non-
conforming lots) for permis-
sion to contruct open deck ad-x~
dition with an insufficient/I
rearyard setback. Propertyi
Location: Southwest corner-
Intersection of Oak Drive and
Haywaters Drive, Cutchogue;
County Tax Map Parcel ID
No. 1000-104-5-25, This parcel
is nonconforming ~t 19,602+
sq. ft. in this R-40 ZoneI
District.
7. 8:00 p.m. Appl. No. 4180-
JOAN AND ROY BERMAN.
Variance to the Zoning Or-[
dinance, Article IIIA, Section
100-30A.3 for permission to
construct addition to ac-;
cessory storage-garage
building which was recentiyt
altered under Permit No.
20895 issued 8/18/92. Propos-
ed addition Would reduce th~'~
requ red frontyard setback
and would be in excess of 20%
lot coverage limitation for all
buildings. Property Location:
520 Rabbit Lane, East Marion,
NY; County Tax Map Parcel
ID No. 1000-31-18-11. This
property is nonconforming at
2614+ sq. ft. in this R-40 Zone
District.
8. 8:05 p.m. Appl. No. 4039-i
CLIFFSIDE ASSOCIATES,
INC, (Owner). This is a re-
quest which concerns the
April 26, 1991 and April 9,
1991 Notices of Disapproval
issued by the Building Inspec-
tor concerning an application
for permit to include kit-
chenettes in motel umts cmng)'
Article III, Section 100-13
which is the Definition Section
of the Zoning Code pertaining
to the April 9, 1991 ~ of
Disapproval which ~ds,
"...hotel or motel transient
which says in part that there
will be no cooking
facilities..·l' and pertaining
to the April 25, 1991 Notice of
Disapproval which reads,
"~.. hotel or motel resort· Ac-
tion required by Zoning Board
of Appeals to permit cooking
facilities in individual motel
units..."
The subject premises
previously had received a con-
ditional determination for a
·
SPecial Exception filed~
IU28/89 under Application
No. 3542 for use of the
premises for 68 motel units
without individual kitchen-
ettes or dwelling uses. Loca-
tion of Property: 61475 C.R.
48, Greenport, NY; County
Tax Map Parcel ID No.
1000-045-01-001 and 002 (now
2.1), containing approximate-
ly 7.5 acre. The subject
premises is located in the
Resort-Residential (RR) Zone
District.
9. 8:10 p.m. Appl. No. 4iS1-
AABR REALTY Facilities
Holding Corp., a Type C Not-
For-Profit Corporation (now
or formerly known as
"Association for the Advance-,t
ment of Blind and Retarded,3,
Inc2') as Contract Vendee, re-'
quest a Special Exception as
per the Southold Town Zoning
Code, Article III, Section
100-3lB for use as a philan-
thropic home as provided by
Subsection 5 thereof. Proper-
ty Location: South side of
Middle Road near the end of
Highway 48, House No. 6760,
Mattituck, NY (present
owners: Joseph and Patricia
Stiefer). County Tax Map
Parcel ID No. 1000,1214-8.1,
containing 13+ acr~.
10. 8:20 p.m. Appl. No.
4183- JOHN AUSTINE.
Variance to the Zoning Or-'
dinance, Article IIIA, Section
100-30A.4 for permission to/*
locate accessory one-story
garage building partly in the
side yard with a setback at ap-
proximately five feet from the
southerly side property line.
Location of Proerty: 3735
Deep Hole Drive, Mattituck;
Lot No. 54, Map of Deep Hole
Creek Estates. County Tax
Map Parcel ID No.
1000-115-16-20. This property
..is substandard in size at 21,710
sq. ft. in this R-40 Zone
District.
11. 8:30 p.m. Appl. No. [
4120- MATTITUCK AUTO
CENTER, INC., and
WILLIAM GOODALE.
Variance to the Zoning Or-
dinance, Article XXI, Section.
100-212B for relief from the
front yard landscaping provi-
sions of the zoning code.
Location of Property: 7655
NYS Route 25 (Main Road),
Laurel, near Mattituck, NY;
County ]?ax Map Parcel No.
1000-122-6-30.1 (previously
30).
12. 8:30 p.m. FINAL
HEARING on Appl. No.
4119SE-MATTITUCK AUTO
CENTER, INC. and.
WILLIAM GOODALE.
Special Exception to the Zon-
ing Ordinance, Article X, Sec-
tion 100-10lB(12) for a permit
authorizing: (a) a new ca~
sales-rental establishment; (b)
an establishment of an ac-/
cessory use incidental to the
proposed new car sales
establishment for the sale
and/or lease of used vehicles;
(c) outside display of vehicles
for sale; (d) accessory office
use incidental to the new prin-
cipal use as a new car sales
establishment. Location of
Property: 7655 Main Road
(NYS Route 25), Laurel, near
Mattituck, NY; County ~
Map Parcel ID No~
1000-122-6-30.1.
The Board of Appeals will
at said time and place hear any
and all persons or represen-
tatives desiring to be heard in
the above matters. Written.~
comments may also be sub:
mitted prior to the conclusion
of the subject hearing. Each
hearing will not start before
the t!mes designated above. If
you wish to review the files or
need tq request more informa-
tion, please call 765-1809 or
visit our office.
Dated:'July 6, 1993
BY ORDER OF THE
SOUTHOLD TOWN
. BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
By: Linda Kowalski
· IX-7/8/93(16)
coUN'FY OF SUFFOLK
SS:
S I'A I'IE O[: NEW YORK
Patricia Wood,· being duly sworn, says that she is the
Editor, of, THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in Suffolk County;
ar~J that the notice of which the annexed is a printed copy,
has been publishecl in said Long Island 'l'raveler-Watchman
Once each 'Week for. i i i;...... .... ..... ./ ....... weeks
s[ccess ye y, commencing on the ......................
day of. ............. 19
Sworn to before me Ibis ..................... day
·........
Notary Public
BARBARA A. SCHNEIDER
NOTARY PUBLIC, Sta!e ol r;ew York
No. 4g06346
Qualified in Suffolk County
C~)mmisslor~ Expires ~/3t/~¥
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
SCOTT L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
July 6, 1993
TO WHOM IT'MAY CONCERN:
Enclosed with this letter is a copy of the Legal Notice, as
published in the Town's official newspaper (Long Island
Traveler-Watchman, Inc. located in Southold, NY). The Legal
Notice outlines a generalized description of the relief or use
requested in your application, the location of the property, and
the time, date and place of the public hearing.
Please have someone appear in your behalf at the time
.specified in the event there are questions (and to prevent a
delay in finalizing your application). Your public hearing will
not start before the time allotted in the attached Legal
Notice. Additional .time will, of course, be available.
If your presentation is lengthy, a draft or final written copy is
always appreciated.
In the event you wish to amend your application to include
other relief and other sections of the Code to be considered, you
must file separate application forms, obtain a new Notice of
Disapproval from the Building Inspector, and submit the
additional filing fee. · You must notify our office prior to the
advertising Of the'present application for the amendments. Once
the application has been advertised, a separate application would
be then be required for additional relief.
Please feel free to call our office if you have any
questions or wish to update your file prior to the hearing date.
Yours very truly,
EnClosure
Linda Kowalski
617.21
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I--PROJECT INFORMATION (To be coml~teted by ADplicant or Project sponsor)
SEOR
IS PROP D ACTION:
6. 0ESCRIBE PROJECT BRIEFLY:
r. AMOUNT O LAND AFFECTED:
WILL PROPOSED A N COMPLY WITH EXISTING ZON!NG OR OTHER EXISTING LAND USE RESTR CTIONS?
WHAT ESENT ~NO U~E IN VICINITY OF PRO~E~~
10. DOES ACTION INVOLV A PERMIT APPROVAl. OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AG
STATE OR LOCALIZ . ENCY (FEDE;RAL
I CERTIF~ THAT THE INFORMATION PROVIDED AaOVE IS TflUE TO THE BEST OF MY KNOW[EDGE
the action is in the Coastal Area, and you are a state agency, complete t~e Coastal Assessment Form belore procoedin9 with this assessment
OVER
1
(Continued on
r
reverse
side)
of thls form, and an environment~- -~- evlew ~ct regulres submission
IN_~STRUCTIONS:
(a) ~n order to answer the questions in this short EAF it is assumed
that the preparer will use currently available information concerning the
project and the likely impacts of the action. It is not expected that
additional studies, research or other investigations will be undertaken.
(b) If any question has been answered Yes the project may be sig-
nificant and completed Environmental Assessment Form is necessary.
(c) If ali questions have been answered No it is likely that the
project ia not significant.
(d) Environmental Assessment
1. will project result in a large physical change
to the project site or physically'alter more
than 10 acres of land?
2. Will there be a major change to any unioue or
un~ual land form on the site? ' Yes
3. Will project alter or have a large effect on
4. Will project have a potentially large impact on
groundwater quality? ~es ~o
5. Will project significantly effect drainage flow
on adjacent sites?
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?
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? . ~es
9. Will project adversely impact any site or struct-
ure of historic, pre-hihtoric, or paleontological
importance or any site designated as a critical
envircnmental area by a local agency? ., Yes --
10. Will project have a m~jor effect on existing or .
future recreational opportunities? .,__Yes ~
11. Will project result in major traffic problems or
cause a major effect to existing transportation
12. Will project regularly cause objectionable odors,
~oise, glare, vibration, or electrical disturb-
.- ance as a result of the project's operation? ~Yes ,
13. Will project have any impact on public health
14. Will project affect the existing community by ~Yes
directly causing a growth in permanent popula-
period or have a major negative effect on the
charact~ of the community or neighborhood?
project? public controversy ncerning the
QUESTIC~AIRE
FOuR FILI~IG WITH YOUR Z.S.A. APPLICATION
A. Please disclose the names of ~
the owner(s) and any other
individuals (and entities) having a financial interest in the
sLtbject premises and a description of their interests:
(Separate sheet may be attached.}
~. Is the sU~jec= premises listee on t~e real esta=e market ~6r
- sale--lng show~ to prospective buyers? { } Yes
C.~ /~re the~
{ ~ Yes osals tD ~:hange ~rr alter land cuntcurs?
D. 1. Are there any areas which contain wetland grasses?
2. Are the wetland areas shown on the map s~bmitted wit~~
this application?
3. Is the property bul~----~a~ed 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 ~Qnstruction
level? A]~ .. at or below five feet above mean sea
-- (lc not applicable, state "N.A.")
F. Are there any patios, ooncrete barriers, bulkheads or re,cas
. which exist an~ not ~hown on the survey map that yOU ara
sttbmitting? . If non~ exist, please state "none.,,
· G. Do you have any construction taking place at this time
COncerning your premises? I
of your buildin~ -~-=~ - ~ f yes, please suh~ -
~ ~=~,~u an~ ~ap as approved b,- ~u -.~u.a copy
Department. If none, please state, z une Building
H. Do you. Qr any co-owner alsd own other land close to this
Parcel? _~0 If yes, please explain where or submit copies
of deeds.
I. Please
parce~ __~st present Use or operations conducted
and
noticed $ig~a[u~6~nu Dale
3/87.
§ 97-13
WETLANDS § 97-13
TOWN -- The Town of Southold.
TRUSTEES -- The Board of Trustees of the Town of
Southold. [Added 6-5-84 by L.L. No. 6-1984!
IVET~-M\'D-q [Amended 8-26-76 by ~ No. 2-1976; a-2~-
85 by [.~ N~
A. IiDAL WETLANDS:
(I) All lands generally covered or in~rmittently cov-
ered wkh, or which border on. tidal wam~. or lands
lying beneath tidal water, which at mean low tide
are covered by tidal wa~ers w a maximum de~h of
five (5) feet. including bu~ not limited w ban~,
bo~, salt marsh, swamps, meadows, fla~ or o:her
Iow lying lands subject W tidal action;
(2) All banks, bo~, meadows, fla~ and tidal marsh
subject to such tides and upon which gro~vs or may
grow some or any of the followin~ salt hay, black
gra~, saltworm, sez lavender. ~lI cord~ass, hiKh
bush. cat, ils. groun~eL m~shmM]ow ~d
(3) All ~d lmmedlate~ ~diacent ~ a tidM w~land as
defined in Subsection Al2) and l~Sng within seven-
ty-five (75) feet landward of the most landward
edge of such a tidal wetland.
B. FRESHWATER WETLANDS:
(1) "Freshwater wedands" as defined in Article 24. Ti-
tie l. ~ 2-b0107. Subdivisions l(a) to l(d) inclusive.
of thc Environmental Coniervnfion Law of the
of New York: and
(2)
All Iq.nd immediate v adjacent to a "freshwater wet-
!and. as defined in ~uhseetion B(1) and lying with-
m seventy-five (75) feet landwa~'d of the most land.
ward edge of a "freshwa:er wetland."
617.21
Appendix C
State Environmental Ouallty Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor)
1. APPLICANT 'SPONSOR//[~ I E~.~,PROJECT NAME
SEQR
6, DESCRIBE PROJECT BRIEFLY:
7. AMOUNT O LAND AFFECTED:
,.,,,,,,v °~oo s? £r .c,. ,.,,,,,,,.,.,y ,/,~oo .s'~fr ,,c,e,,
WILL PROPOSED A N COMPLY WITH EXISTING ZON!NG De OTHER EXlaTING LAND USE RESTRICTIONS?
WHAT ESENT ~NO USE IN VICINITY O~ PROJE~~ .
~Ual ~ Industrial ~ Commercial ~ Agriculture ~ Pa~ForesuO~en soace
DOES ACTION INVOLV ARERMiTAPPROVAiORFUNOiNG, NOW OR ULTiMATELY FROM ANY OTHER GOVERNMENTAL AGBNCY (FEDERAL.
STATE OR LOCAl J? .
I'--~ Yes ~ '
I CERTIr'*y THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE REST OF MY KNOWLEDGE
I! the action is in the Coastal Area, and you are a state agency, complete
Coastal Assessment Form before procoeding with this assessment
OVER
1 .(Continued on reverse side)
The N.Y.S. Environmental Quality Review AC~ereguires submission
IN~STRUCTIONS:
(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
1. Wiil project result in a large physical change
to the project site or physically'alter more
than 10 acres Of land? Yes :
2. Will there be a major change to any unique or
unusual land form on the site? Yes
3. Will project alter or have a large effect on
an existing body of water? Yes ~o
4. Will project have a potentially large impact on
groundwater quality? ___Yes
5. Will project significantly effect drainage flow
on adjacent sites? ~Yes
6. Will project affect any threatened or endangered
plant or animal species? Yes _/No
7. Will project result in a major adverse effect on
air quality? _~Yes
8. Will project have a major effect on visual char-
acter of the comm%%nity or scenic views or vistas ·
known to be important to the community? . ~Yes
9. Will project adversely impact any site or struct-
ure of historic, pre-hihtoric, or paleontologi=a[
environmental area by a local agency? . Yes .
10. Will project have a m~jor effect on existing or
future recreational opportunities? . Yes .../No
11. Will project result in major traffic problems or
cause a major effect to existing transportation
'' ' systems? o .,__Yes ~o
12. Will project regularly cause objectionable odors,
noise, glare, vibration, or electrical disturb-
ance as a result of the project's operation? ~Yes ,
13.
14.
Will project have any impact on public health
Will project affect the existing CO--unity by
directly causing a growth in permanent popula-
tion of more than 5 percent over a one-year
period or have a major negative effect on the
charact~ of the community or neighborhood?
PreParer ' s Signature:
the /
QUEST-~C~AIRE
FOR FILI,'[G 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.)
~. Is the sU~jec~
~ sale__lng shownPremises listee-on the real estate market ~or
~ to prospective buyers? { } Yes
{ . } (If Y~s, pl~se ar-tauh cupy of "cond/~n~,, of S,~Le.)
C.~ /rte the~
{ ~ Yes osals tm =hRnge ~r ~lter lan~ cun~cu~?
D. 1.
2. Are there any areas which contain wetland grasses?~
3. Is the property bul~----~a~ed between the wetlands area a~d
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 g9nstruction
level? ~]~ . at or below five feet above mean sea
-- (If not applicable, state "N.A.")
F. Are there any patios, concrete barriers, bulkheads or fen~_s
which existan~
' s~bmitting~ not ~hown on the survey map that you ara
- ' If nonD exist, please state "none."
G. Do you have any construction taking place
concerning your premises? If es at this time
of your buildin~ ~ --~-_~_ Y , please Submit a c
Department. = = ...... = =~u muw as approved by the Building°pY
If none, please state.
H. Do you. or any co-owner alsd own other land close to this
parcel? ~0 If yes, please explain where or submit copies
of deeds.'--
I. Please list present use or operations conducted at this
proposed Use ~ ~ ~
Au~n°rlzed $ig~a~u~n~ Da~e
3/87, 10/q0]t.
§ 97-13
WETLANDS
§ 97-13
TOWN -- The Town of Sou:hold.
TRUSTEES ~ The Board of Trustees of the Town of
Souuhold. [Added ~-5-84 by L.L. 2qo. 6-1984]
~V'E ~-I_~LN'DS [Amended 8-26-76 by ~ No. 2-1976; 3-2S-
A. IIDAL WET~NDS:
(1) All lands generally covered or in~rmitten~ly cov-
ered wkh, or which border on. tidal wa~. ar lands
lying beneath tidal water~, which at mean low ~ide
are covered by tidal wa~e~ ~ a maximum depth of
five (5) feet, including but not limited ~ ban~.
bogs. salt ma~h, swamps, meadows, fla~ or o~her
low lying lands subject ~ tidal action;
(2) All bank~, bog~, meadows, fla~ and tidal marsh
subject to such tides and upon' which gro%~ or may
grow some or any of th~ followin~ salt hay. black
g~, saltwort, sea lavender, ~11 cord~s, high
bush. cat.ils, groun~eL m~b~llow ~d ~w
(3) Ali ~d immedlate~ ~j~cent ~ at}d~l w~l~nd as
defined in Subsection A(2) and b%g within seven-
fy-five (75) feet landward of the most landward
edge of such a tidal wetland.
B. FRESHWATER WETLANDS: '
(I) "Freshwater wetlands" as defined in Article 24. Ti-
fie I. ~ 24-0107. Subdivisions l(a} to l(d) inclusive.
of ibc Environmen~l Conservation L~w of the S~te
of New York: ~nd
(2)
All land immcdiateh- adjacent to a "freshwater Wet-
· no. as aefmed in Subsection B{1} and lying with-
m seventy-five {75) feet la~,dwa~-d of the most land.
ward cdge of a .. ' - ,, "
frcso~ a,._r wetland.
97f]5
JUDITH T. TERRY, TOWN CLERK RECEIPT
Town of Southold
Soul,old. New York 11971
· Phone: 516-765-1801 DATE (~ ~.z..4~.e~
RECEIVED OF: ~ ~"~:~~)~ ~
047318
197,~
[] CASH BY: ~' ~
[;~'~HECK -'-'-'~/~" ~ ~
Property Tax Service Agency
BOARD OF APPEALS TOWN OF SOUTHOLD
In the Mzrter or the Petition of
to the Boa'Jl:~ of Appeals of the Town nf Sou[hold
NOTICE
TO
ADJACENT
PROPERTY OWNER
YOU .aRE HEREBY GIVEN NOTICE:
1 ~Tha~ inzention of the undeTsigned to petition the Board of Appeals of the Town of Southold
toreques, a~(Special £×ception) (Special Pc, mit) (Other} [circle choice]
2. That the property which is the subject ef the Petition is located adjacent to your prnperty and is des-
~. T~t the prop,',lv which is the subject of such Petitl,n is ;ocated in the roi!owing zoning district:~
4 T ath~ such Petition, the undersigned wili request the following relief: ~qT~C~tXA~ ~
$. That the provisions of the 5outhold Town Zoning Code applicable to the relief sought by the under-
[ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way.
6. That within five days from the date hereof, a written Petition requesting the retief spe=ified above will
be flied in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma)' thc~. and there
examine the same during regular office hours. (516) 765-1809.
7. That before the ,'eljer sought may be granted, ,~ public hearing must be held or~ the matter by the
Board of AppeaI~; that a notice of such hearing must be published at least five days prior to the dale of ~uch
hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watctlman, oewspaFers published in ihe
Town of Southold and designated for the pubiicatlon of such notices; that you or your repre~"nta~ive ~ave the
right to ;~ppear and be heard at such hearing·
Oa,cd:'
Petitioner
Owners'Names:
Tel. No.
[Copy of sketch
purposes.]
or plan
showing
proposal
to be attached for
convenience
PROOF OF MAltING OF NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
4 .~519 148
Receipt for
Certified Mail
No Insurance Coverage Provib
Do not use for International Ma.
(See Reverse)
ADDRE55
P 243 550 041
~e~eipt for
Certified Mail
No Insurance Coverage Provided
ISee Reversal
P 243 55~042
Certified Mail
NO Insurance Coverage Provided
(See Reverse)
STATE OF NEW YORK
COUNTY OF SUFFOLK
SS.:
C~*q d~ IIz?z , being duly sworn, depo~es and says that on thc ~sr ~day
of ~L~ ,19 ~$ , deponent mailed a true copy of the Noticc set forth on the re'
verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective
names; ti~at the addcesse~ set opposite the names of said persons are the addresses of said persons as ~hown on
the current a~sessment roU of the Town of Southn{d; that said Notic~ were ,aailed at the Un,ted fitate~ Post
fi~ [~a C ~ ~x[ ;that said Notices were mailed to each of said person~ by
(registe~e~) m3il.
Sworn to before me this
day of '~-t~t..,~ ,19 q__'~
Notary Public
(This side does not have to be complet'ed on form transmitted to adjoining
property owners.)