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HomeMy WebLinkAbout4115 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa 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 Appeal No. 4115: Application for STEPHEN AND ELLA SCHMIDT. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B for permission to construct deck addition with an insufficient rear yard setback at 340 Bay Haven Lane, Southold, "Map of Bay Haven" Lot No. 27; County Tax Map District 1000, Section 088, Block 04, Lot 24. WHEREAS, a public hearing was held on July 29, 1992 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, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. This is an appeal of the June 15, 1992 Notice of Disapproval from the Building Inspector concerning a proposed deck addition with an insufficient setback from the rear property line. 2. The subject premises is a substandard lot containing a lot area of 12,500 sq. ft. and frontage along the west side of Bay Haven Lane of 100 feet. The depth of the lot 125 feet. This parcel is shown on the "Map of Bay Haven" at Bayview as Lot No. 27. 3. The deck is proposed to be 12 feet in depth and 21 feet in length, reducing the rear yard setback from 37 feet to 25 feet (see sketch submitted by the applicants). 4. In considering this application, the Board also finds that: Page 2 - Appl. No. 4115 Matter of STEPHEN AND ELLA SCHMIDT Decision Rendered July 29, 1992 (a) the relief requested will not be adverse to the essential character of the neighborhood and is the minimum necessary to afford relief; (b) although the relief requested is substantial in relation to the requirements, there are others similarly existing in the area; (c) this variance will not increase dwelling density or cause a substantial effect on available governmental facilities; (d) the relief requested cannot be obviated by another method feasible to appellant to pursue, other than a variance; (e) the relief requested is uniquely related to the land as well as the immediate area in this preexisting neighborhood - many other nearby parcels have similar difficulties, particularly with reference to small parcel size, reduced setback, and excessive lot coverage. (f) in considering all of the above factors, the interests of justice will be served by granting the variance, conditionally noted below. as Accordingly, on motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, to GRANT the relief requested for a reduction in the rear yard setback to 25 feet for the placement of a 12' x 21' open deck, as applied under Application No. 4115, SUBJECT TO THE FOLLOWING CONDITIONS: 1. The setback not be any closer than 25 feet, as applied, inclusive of step area; 2. Outdoor lighting, if any, shall be shielded to the property so as not to create a disturbing glare to other properties. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Dinizio and Villa. This resolution was duly adopted. THE SOUTHOLp TOWN CLERK Tc .... ~'~, Town of ~uthold APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James DiniT~o, Jr. Rohert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF HEARING 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 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following matters will be held for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, JULY 29, 1992 commencing at the following times: 7:32 p.m. Appl. No. 4118 - GLADYS J. MILNE. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B, and Article XXIII, Section 100-239.4B for permission to construct deck addition with insufficient side yard setback, insufficient setback from existing bulkhead, than 20% of the code limitation. 240 Knoll Circle, East Marion; and with lot coverage at more Location of Property: County Tax Map District 1000, Section 37, Block 5, Lot 15; Gardiners Bay Estates Lot No. 31. ,~ 7:37 p.m. Appl. No. 4115 - ' ..... ~-~---~---~ ~ Variance to the Zoning Ordinance, Article XXIV, Section 100-244B/ for permission to construct deck addition with an insufficient~ rear yard setback at 340 Bay Haven Lane, Southold, "Map of Bay Haven" Lot No. 27; County Tax Map District 1000, Section 088, Block 04, Lot 24. Page 2 - Legal Noti~ Hearings for July 29, 1992 Southold Town Board of Appeals 7:40 p.m. Appl. No. 4023 - CELLULAR TELEPHONE CO. d/b/a METRO ONE. This is an Appeal of the March 14, 1991 Notice of Disapproval issued by the Building Inspector for an Interpretation under Article XXIII, Section 100-230 concerning a proposed 104 ft. height of a monopole structure for radio transmission, and in the alternative, appellant requests a variance from the height restriction. Location of Property: (~415) Westerly side of Elijah's Lane and the Northerly Side of the Main Road (NYS Route 25), Cutchogue, NY; also shown on Planning Board subdivision-approved map of May 15, 1990; property now or formerly of William J. Baxter and Others; County Tax Map Parcel ID No. 1000-108-4-part of 11. 7:50 p.m. Appl. No. 4022SE - CELLULAR TELEPHONE CO. d/b/a METRO ONE. Request for Special Exception approval under Article VIII, Section 100-81B(1) and Article III, Section 100-31B(6) for an unmanned telecommunications building in an existing concrete block building and construction of a monopole radio tower with antenna for transmitting and receiving radio signals to provide cellular telephone services. Location of Property: (#415) Westerly side of Elijah's Lane and the Northerly Side of the Main Road (NYS Route 25), Cutchogue, NY; also shown on Planning Board subdivision-approved map of May 15, 1990; property now or formerly of William J. Baxter and Others; County Tax Map Parcel ID No. 1000-108-4-part of 11. 8:00 p.m. Appl. No. 4116 - LINDA TAGGART. This is an Appeal of the March 13, 1992 Notice of Disapproval issued by the P~ge 3 - Legal Hearings for July 29, 1992 Southold Town Board of Appeals Building Inspector under Article XIV, Section 100-142 and Article XXIII, Section 100-'239.4B for approval or recognition of lot with a substandard size of 15,285 sq. ft., lot width (frontage) along the Main Road 76.46 feet, and lot depth 125.0 feet. At the time of transfer of title, the property was located in the B-Light Business Zone. Today, the property is located in the Light Industrial (LI) Zone District. Location of Property: 68320 Main Road, Greenport; Map of Peconic Bay Estates Lot Nos. 185 and 186; County Tax Map Parcel ID No. 1000-53-2-2. 8:15 p.m. Appl. No. 4117SE - LINDA TAGGART. Request for a Special Exception under Article XIII, Section 100-131B, as referenced from Article XIV, Section 100-141B for permission to establish retail gift shop in this Light Industrial (LI) Zone 7 District. Location of Property: 68320 Main Road, Greenport; Map of Peconic Bay Estates Lot Nos. 185 and 186; County Tax Map Parcel ID No. 1000-53-2-2. 8:25 p.m. Appl. No. 4120 - WILLIAM GOODALE AND MATTITUCK AUTO CENTER, INC. 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. 1000-122-06-30.1 (previously 30). 8:30 p.m. Appl. No. 4119SE - RICHARD GOODALE AND MATTITUCK AUTO CENTER, INC. (Tenant). Special Exception to the Zoning Ordinance, Article X, Section 100-101B(12) for a permit Page 4 - Legal NotiW Hearings for July 29, 1992 Southold Town Board of Appeals authorizing: (a) a new car sales establishment; (b) an establishment of an accessory use incidental to the proposed new car sales establishment for the sale and/or lease of used vehicles; (c) outside display of vehicles, (d) accessory office use incidental to the new principal use as a new car sales establishment. Location of Property: 7655 Main Road (NYS Route 25), Laurel, near Mattituck, NY: County Tax Map Parcel No. 1000-122-06-30.1 (prev. 30). 8:45 p.m. (Reconvened from June 30, 1992) Appl. No. 4091- EUGENE M. LACOLLA. Variance to the Zoning Ordinance, Article III, Section 100-31A and B, requesting permission to change use of a portion of the subject premises, from residential to non-residential. Location of Property: Location of Property: North Side of Main Road (State Route 25), at Arshamomoque near Greenport, (abutting properties of Hollister's Restaurant, Mill Creek Liquors, The Pottery Place, etc.); County Tax Map Parcel Nos. 1000-56-4-24 and 19. 9:00 p.m. Appl. No. 4072 - Appl. No. 4072 - VARUJAN AND LINDA ARSLANYAN. Appeal of the November 26, 1991 Notice of Disapproval of the Building Inspector for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4A and Article XXIV, Section 100-244B, or Article III, Section 100-32, for permission to construct swimming pool and deck addition with insufficient sideyard(s) and with insufficient setback from sound bluff/bank along the Long Island Sound. Location of Property: 54455 (North Side) of County Road 48, Greenport; Page 5 - Legal Noti~ Hearings for July 29, 1992 Southold Town Board of Appeals County Tax Map Parcel No. 1000-52-1-8. The Board of Appeals will at the above time and place hear any and all persons or representatives desiring to be heard concerning these applications. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. For more information, please call 765-1809. Dated: July 14, 1992. GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski FORM TOWN OF SOUTIIOLD BUILDING DEPARTMENT TOWN CLERK,S OFFICE SOUTtIOLD. N.Y. NOTICE OF DISAPPROVAL Date ... fl.u.n.~...I.5.,. ............... 19..9.2.. To . Stephen. Schm~dt /*50 Bay Haven Lane Southeld, N.Y. 11971 PLEASE TAKE NOTICE that your application dated June 12, 19 92 . for permit to COHSTRUCT A DECK ADDITION Location 340 BAY HAVEN ~ of Property ............ S01JTI~0LD, Ho,~e No. 's'r/e; i ............................ Hamlet County Tax Map No. I000 Section 88 4 24 .............. Block . Lot Subdivision ................. Filed Map No. : ............... Lot No .................. is returned herewith and disapproved on the following grounds ............................... INSUFFICIENT PEAR YARD SETBACK AS SET FORTH IN TIlE ZONING CODE OF 'I'R~ TOI~N OF SOUT[IOLD. ARTICLE HIV 100-244 B Bu.ld~'~n~''~i'nspector Rv 1/80 FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1802 ×amined ................ , 19 ... pprovcd ................. 19... Permit No ............ isapproved a/c ..................................... )ARD OF HEALTH ......... SETS OF PLANS .......... /SURVEY ................... /ClIECK .................... SEPTIC FORH .............. 765-3337 CALL ................... HAIL TO: (Building Inspector) APPLICATION FOR BUILDING PERMIT Date .J.u.n.e..1.1 ........... ,19 92 iNSTRUCTIONS a. Tiffs application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 :s of plans, accurate plot plan to scale· Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- tion. 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 · II be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy dl 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 51ding Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or ~gulations, for the construction of buddings, additions or alterations, or for removal or demolition, as herein described. :e applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to mit authorized inspectors on premises and in building for necessary/n~spections./q -' .- .,~..~,:_,:~ ~ t ~ .... - ...... -- (Signature of applicant, or name, if a corporation) .45.0. .B. ay..Ra.v.e.a .L.a3~.e.,..S.o.u.tkold.,. ~.e.w..Y.ozk .1.197.1.. (Mailing address of applicant) ate whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. OWNER ~me of owner of premises .... S.t.e.p.h.e.n..3.: .S.c.h.m.i.d.t. fi. nfl..E.l.l.a..3....S.c.h.m.i.d.t. ................................ (as on the tax roll or latest deed) applicant is a corporation, signature of duly auth~orized officer. (Name and title of corporate officer) Builder's License No. Not Known Plumber's License No ......................... Electrician's License No ....................... Other Trade's License No ...................... Location of land on which proposed work will be'done. 340 Bay Haven Lane, Southold, New York 11971 340 Bay Haven Lane Southold, House Number Street Hamlet County Tax Map No. 1000 Section 88 Block 4 24 Subdivision. Bay Haven 27 .................................... Filed Map No. 002910 Lot (Name) State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy Our daughter l±ves ±n th±s house w/her fam±ly, and we are the owners. b. Intended use and occupancy .T.o protect a newborn from a ne±~hbor~s dangerous~id6g; ~nd.~8lso Nature of work (check which appliO): New Building .......... Additi ~ ......... Alteration . . .' ...... Repair ........ Removal .............. Demolition .............. Other Work.. Deck ....... '.. 'Estimated Cost $2,000.00 (Description) ...................................... Fee $50.00 (to be paid on filing this application) If dwelling, number of dwelling units -- Number of dwelling units on each floor. -- · If garage, number of cars -- If business, commercial or mixed occupancy, specify nature and extent of each type of use . 77 ..... Dimensions of existing structures if any Front SI~E SURVEY V~ar ~' ,h ............ Height ............... ~umber of Stories ................. 8'I~E' ¥'I~3~N'8' ............................ Dimensions of same structur~ with a terations or addit ons: Front ................. Rear .................. Depth ...................... Height ...................... Number of Stories ............... ....... Dimensions of entire new construction: Front ............... Rear ............... Depth ............... Height ............... Number of Stories Size of lot: Front ....................... Date of Purchase "g/J6/f~ig6 ........... Rear ................ '..' ~)~ptl~ ....................... ............................. Name of Former Owner . .R.lJ2.~l.-J~Fj,l.q;q~... - Zone or use district in which premises are situated lg-40 ~_ease see survey (not sure) ............. Does proposed construction violate any zoning lawl ~r~ina~ce 'o'r'r;~ia}io'n':' ' '~I~ ............................ Will lot be regraded ............................ Will excess fill be removed from premises:Yes' '~;s' ~; Name of Owner of premises $t:ephen & Ella Schmi.~ldress /450 Bay Haven Ln Phone No. 765- ................... 3.337 Name of Architect ................................ ........................... Address ................... Phone No ................ Name of Contractor . l~{twor~t. I~:. ~.~¢.l.~.a.m.s ....... Address 150 Seawood Dr. . Phone No. 76.5.'73000 Is this property within 300 feet of a tidal wetla~l'd'?''',~'e's'.'.'.'.'.'.'.'.' No..X~X. ..... '. ' .......... *If yes, Southold Town Trustees Permit may be required. ... PLOT DIAGRAM Locate dearly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dimensions from erty lines. Give street and block number or description according to deed, and show street names and indicate whether -ior or comer lot. E OF NEW YORK, TY OF ................. S.S tephen & Ella Schmidt ..... ' ....................................... being duly sworn, deposes and says that he is the applicant (Name of individual signing contract) named. (Contractor, agent, corporate officer, etc.) owner or owners, and is duly authorized to perform or have performed the said work and to make and file this tion; that all statements contained in this application are true to the best of his knowledge and belief; and that the .,ill be performed in the manner set forth in the application flied therewith. to before me this ..... ........ dayof , Pub Ii c, .~74t~. c~ ~~'~ .... ....... ~'~' ,~ .o ~ (Signature of applicant) TOWN OF SOUTHOLD, I~J~/C'~V E D APPEAL FROM DECISION OF BUILDING INSPECTOR JUN 2 5 1~ APPEAL NO. DATE .............................. ~oul~old Town TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ], (We) STEPHEN & EL~A ~Q~pT of 450 BAY ~VEN 'L~E Nome of AppeJl~t Street and Number S0UT~OLD BB~ YO~ N~n~RY APPEL TO Municioali~ Store THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ......... .J..U..N..E....t..2.;....1..9.?..2. ................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (x) ELLA & STEPHEN SCHMIDT Nome of Applicant for permit of 450 BAY HAVEN LANE SOUTHOLD NEW YORK Street and Number Municipalih/ State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO BUILD A DECK 1. LOCATION OF THE PROPERTY ...... .3..4..Q..~.4~....F~...V.,~..~..~_~a...S.,0.~.T.~.0.L.D.;..~..Z0..~. ................... Street /Hamlet / Use District on Zoning Map District lO00 Section 88 Block 4 Lot 2L C D ........................................................ urrent Owner STEPHEN & ELLA SCRMI T Map No. 002910 'Lot No. 27 Prior Owner HUTH WELLS 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 XXIV Section 100-244 B 3. TYPE OF APPEAL Appeal is mode herewith for (please check appropriate box) ( ) A VARIANCE to the Zoning Ordim:lnce or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Low Chop. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 (X) PERMIT TO BUILD A DECK 4. PREVIOUS APPEAL A previous appeal XYu~ (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for o special permit J ) request for a variance and was made in Appeo.I No ................................. Dated ............................. ~ ........................................ REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance ( ) is requested for the reason that Fon~ Z~I (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF TI~I~ORD!N~NCE would produce practical difficulties or unneces- saw HARDSHIP because LOT IS sHALl, OW AND NO OTHER PLACE TO BUILD A DECK IN THE REAR YARD. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because NEEDED FOR SAFETY AND SECURITY OF DAUGHTER AND BABY IN.THE OUTDOORS, 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because THERE ARE OTHER DECKS SIMILAR TO THIS PROPOSED DECK IN THE ADJOINING LANDS. COUNTY Signature Sworn to this ................... ..~-.'~" .................... doy of....-~..~... ............................... 19 TOWN OF SOUTHOLD PROPERTY RE¢:ORD CARD OWNER STREET; ~ ,/~'O VILLAGE DIST. SUB. -' FORMER OWNER N r E ~R~ J ~ ' I S W ~PE OF BUILDING RES. 2/0 S~S. VL FARM COMM. CB. MISC. Mkt. Value ~ND IMP. TOTAL DATE REMARKS ~ ~'~m B~I~DING ~NDIT/ON . ~ :,' ~ / N ~ NOR~L BELOW ABOVE i FARM Acre Value Pot Value Acre Tillobler ] ~ Tilloblo 2 Tilloble 3 Woodland Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD / ~ ~ 0 Ho6se Plot DEPTH ~ ~ ~ ~ BULKH~D., Total ,DOCK M. Bldg. Extension ~xtensJon Extension Porch Porch'" Breezeway Garage 'Patio COLOR TRIM Foundation Basement Ext. Walls Fire Place Type Roof Bath Interior Finish Heat Rooms 1st Floor O, / DR. BR. Recreation Room Rooms 2nd Floc FIN. B. Dormer Driveway TOWN OF SOUTHOLD PROPERTY RECORD CARD /~/-~. OWNER STREET /-"/?~"(~ VILLAGE DIST SUB, LOT FOR/~ER OWNER N ~/ E ACR. -~.RES;~/L2' __ SEAS. VL., ,~ -.~ FARM COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS A~E BUILDING CONDITION ? N~ NOR~L BELOW ABovE FARM Acre Value Per ~alue Acre TJllable~ 1 Tillable 3 Woodland Swampland FRONTAGE ON WATER FRONTAGE ON ROAD ~ BULKH~D Total DOCK ~M BI~ ~-~ ,~ ;~' ~ Extension i Extension Extension Porch r~Srch Breezeway Gar.bge Patio Total COLOR TRIM Foundation ~. C, Bath Basement ~uL~ Floors ~)~.._ ~ ~/ Ext. Walls Interior Finish Fire Place Type Roof Recreation Roo Dormer Driveway Heat Rooms 1st Floor Rooms 2nd Floo APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD August 3, 1992 ScoTr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mr. and Mrs. Stephen J. 450 Bay Haven Lane Southold, NY 11971 Schraidt Re: Appl. No. 4115 (Variance for Deck in Rear Yard) Dear Mr. and Mrs. Schmidt: Please find attached a copy of the Board's Findings and Determination rendered at our July 29, 1992 Regular Meeting concerning your variance application. Please be sure to return to the Town Building Department to request issuance of the building permit and other document(s) pending at this time. A copy of this determination has also been furnished ~o the Building Department for their update and permanent recordkeeping. Very truly yours, Linda Kowalski Enclosure Copies of Decision to: Southold Town Building Department PAGE 29 PUBLIC HEARING SOUTHOLD ZBA 7/29/92 APPEAL # 4115 Applicant(s): Stephen and Ella Schmidt Location of Property: 340 Bay Haven Lane, County Tax Map. No.: 1000-88-4-24. Southold, NY The Chairman opened the hearing at 7:45 p.m. and read the Legal Notice and application for the record. CHAIRMAN GOEHRINGER: ...indicating this one-story frame home and its approximate placement in the center of the property, a little bit closer to the rear yard, then it is the front yard. And, I have a copy of the Suffolk County Tax Map this property and surround properties in the area and showing the deck as it appears. Is there somebody who would like to be heard? How do you do, Mrs. Schmidt? How do you do. Is there anything you would like to add for the record? MRS. ELLA SCHMIDT: Not really, I just want to say before anything else that we have a dog warning. It is a big dog around, that be's my daughter, and she hasn't been able to use the backyard at all. That is what we are doing it for. CHAIRMAN GOEHRINGER: Is there anybody who would like... Any objection against this? Anyone like to question Mrs. Schmit about? Bob, do you have any questions? No. Anybody? This deck is to remain unroofed, right? There will be no roof over it. MRS. SCHMIDT: No roof. CHAIRMAN GOEHRINGER: Okay. Is there anybody else who would like speak in favor of the application? Anybody like to speak against the application? Hearing no further questions, I make a motion closing the hearing, reserving decision until later. to MEMBER GRIGONIS: Second. All in favor - AYE. CHAIRMAN GOEHRINGER: We hope to have a decision for you shortly. Thank you very much. End of hearing. Lorraine A. Miller (Transcribed by tapes recorded 7/29/92) Law and thc Code of the Town of old ti e following matters will South , · 'n s before the Il 11, 53095 Main Road, Southold, N~w york 11971, on wEDNESDAY, 3ULY 29, 199~ commencing at In,owing ~cs: No. 41lb t s dc ard setback, insu[ficinnt cicn ' Y · · ad and 0 setback from cxlsung b~k~an 20% ' with l~ cove[ag9 a~ mo,~dcation of Section 32, Block 5, Lot 15; Gar- dMc~ Bay ~mtes ~tNo. 31. ~:32 mm. AppL No. 4115 STEPII~N AND ELLA ScIIMIDT. Variance to the Zoning Ordinance, A~cle XXIV, Section 100-244B for ~ 40 Bay Haven Lane, Southold, ~t 3 ,- tlaven" Lot No. 2~; County Tax Map Distdct 1~0, Sec- LULAR TELEPIIONB ~' MEq]~O ONE ql~is is ~n Ap~51 of ~ the March 14, 1991 N~ce of D~sap- tot for ~ I~ ~,~ b30 containing a XX~, Secuon M ~e alternative, appellant r~es}s a variance from afion of pro~ Y: side el m ] . YS Route ly ide of the Mare R~d 25), Cumh g - u~i~sion-approved lis '~}a 15 1~0; pr~ny now Others' County Ta cELLUL )map of May 15, 1990; pro~Y now thformerly of William J. Baxter and ers: County 'Fax Map Pared ID No. 1000-108-4-par[ of 11. 8:00 p.m. Appl. No. 4116 -- LINDA TAGGART lla'sj is an Ap- peal of the March 13, I992 Notice of Disapproval issued by the Build- ing Inspector under Article XIV, Section 100-142 and Article XXIII, Section 100-239.4B for approval or recognition of lot with a substandard size of 15,285 sq. ft., lot width (frontage) along the Main Road 76.46 feet, and lot depth 125.0 feet. At the time of transfer of title, the property was located in the II-Light Business Zone. Today, the property is localed in the Light Industrial (LI) Zone District. Location of Property: 68320 Main Road, Grecnport; Map of Peconic Bay Estates Lot Nos. 185 and 186; County Tax Map Parcel 1D No. 1000-53-2-2. 8:15 p.m.'Appl. No. 4117SE -- LINDA TAGGART. Request for a Special Exception under Article XIII, Section 100-13lb, as refer- enced from Article X1V, Section 100-141B for permission to estab- lish retail gift shop in this Light Industrial (LI) Zone District. Loca- tion of Property: 68320 Main Road, Greenport; Map of Peconi¢ Bay Estates Lot Nos. 185 and 186; Coun- ty Tax map Parcel 1D No. 1000-53- 2-2. 8:25 p.m. Appl. No. 4120 -- WILLIAM GOODALE AND MAT- TITUCK AUTO CENTER, INC. Variance to the Zoning Ordinance, Article XXI, Section I00-212B for relief from the front yard landscap- ing provisions of the zoning code. Location of Property: 7655 NYS Route 25 (Main Road), Laurel, near Mattituck, NY; County Tax Map Parcel No. 1000-122-06-30.1 (previ- ously 30). 8:30 p.m. Appl. No. 4119SF. -- RICIIARD GOODALE AND MAT- TITUCK AUTO CENTER, INC. (Tenant). Special Exception to the Zoning Ordinance Article X, Section 100-1011t(12) for a permit authoriz- ing: (a) a new car sales estab- lishment; (b) an estabfishmcnt of an accessory use incidental to Ibc pro- vehicles; (c) outside display of vehi- cles, (d) accessory office use inci- dental to the new principal use as a new car sales establishmem. Loca- tion of Property: 7655 Main Road (NYS Route 25). Laurel, near Maul- tuck, NY: Couuly 'Pax Map Parcel No. 1000-122-06-30.1 (prey. 30). 8:45 p.m. (Reconvcned frmn June 30, 1992) Appl. No. 4091 -- EU- GENE M. LACOLLA. Variance to th'e Zoning Ordinance, Article 1II, Section 100-3lA and Il, requesting permission to change use of a per- lion of the subject premises, from rcsidcmial to non-residential. Loca- tion of Property: Nonh Side of Main Road (Slate Route 25), at Arshamo- moque near Greenport, (abutting prope~ina of llo]lister's Restaurant, Mill Creek Liquors, Thc Pottery Place, etc.); County *lhx Map Parcel Nos. 1000-56-4-24 and 19. 9:00 p.m. Appl. No. 4072 -- Appl. No. 4072 -- VARUJAN AND LINDA ARSLANYAN. Appeal of the November 26, 1991 Notice of Disapproval of Ihe Building Inspec- tor for a Variance to the Zoning Or- dinance. Article XXIII, Section 100- 239.4A and Article XXIV, Section I00-244B. or Article III, Section 100-32. for permission to conslruct swimming pool and deck addition with insufficient sideyard(s) and with insufficient setback from sound bluff/bank along the Long Island Sound. Location of Property; (North Side) of County Road 48, Gmenport; County Tax Map Parcel No. 1000-52-1-8. The Board of Appeals will at the above llme and place hear any and lng to be beard concerning these applications. Written comments may clusion of the subject hearing. Each hearing will not start before the time designated above. For more infor- mation, please call 765-1809. Dated: July 14, 1992. GERARD E GOEHRINGER CIIAIRMAN By Linda Kowalski 7442-1TJv16 STATE OF NEW YORK) ) SS: COUNTY OF S0~'~'OLK) Co~-~x_ Co~..~r~ of Mattituck, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck, in the Town of Southuld, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regular- ly published in said Newspaper once each week for the weeks successively, commencing on {~'~kday of_.~_ 19 9~-~ Principal Clerk Sworn to before me this ~/~-~ dayof --~ 19 ~ CA~Ea[NE A. ~8~I~ Not~ P~I~. ~ae of N~ Y~ ~. 4~ Commbsion E~ ~y 14, t9~-~ NOTICE OF HEARING NOTICE IS HEREBY GIVEN, pursuant to Sectior~ 267 of the Town Law and thet Code of the Town of Southold, the following matters will be held for public hearings before the SOUTHOLD TOWN: BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road, Southold, New, York 11971, on WEDNESDAY, JULY 29, 1992 commencing at, the following times: 7:32 p.m. Appl. No. 4118 GLADYS J. MILNE. Variance- to the Zoning Ordinance, Arti- cle XXIV, Section 100-244B; and Article XXIII, Sectio~,~ 100-239.4B for permission tQ construct deck addition with in, sufficient side yard setback, in- sufficient setback from existing bulkhead, and with lot coverage at more than 20% of the code limitation. Location of Proper- ty: 240 Knoll Circle, East Marion; County Tax Map District 1000, Section 37, Block 5, Lot 15; Gardiners Bay Estates Lot No. 31. 7:37 p.m. Appl. No. 4115 - STEPHEN AND ELLA SCHMIDT. Variance to the Zoning Ordinance, Article, XXIV, Section 100-244B for, permission to construct deck ad- dition with an insufficient rear yard setback at 340 Bay Haven~~ Lane, Southold, "Map of Bay Haven" Lot No. 27; County Tax Map District 1000, Section 088, Block 04. Lot 24. 7:40 p.m. Appl. No. 4023 -- CELLULAR TELEPHON,E CO. d/b/a METRO ONE. This is an Appeal of the March 14, 1991 Notice of Disapproval l issued by the Building Inspector for an Interpretation under Ar- I ticle XXIII, Section 100-230 concerning a proposed 104 ft. height of a monopole structure t for radio transmission, and in the alternative, appellant re- quests a variance from the height restriction. Location of Property: (//415) Westerly side of Elijah's Lane and the Norther~~ ly Side of the Main Road (NYS Route 25), Cutchogue, NY; also shown on Planning Board Subdivision-approved map of. May 15, 1990; property now or formerly of Willam J. Baxter and Others; County Tax Map Parcel ID No. 1000-108-4 Dart of 11. p.m. Appl. No. 4022SE -- CELLULAR TELEPHONE CO. d/b/a METRO ONE. Re- quest for Special Exception ap- ~ proval under Article Vlll, Sec- tion 100-8lB(I) and Article Ill, Section 100-31B(6) for an un- I manned telecommunications i building in an existing concrete i block building and construction ~ of a monopole radio tower with/ antenna for transmitting and receiving radio signals to provide cellular telephone services. Location of Property: (#415) Westerly side of Elijah's Lane and the Northerly Side of the Main Road (NYS Route 25), Cutchogue, NY; also shown on Planning Board subdivision- appproved map of May 15, 1990; prop6rty now or formerly [ of William J. Baxter and Others; [ County Tax Map Parcel ID No. 1000-108-4-part of 11. I 8:00 p.m. Appl, No. 4116 -- I LINDA TAGGART. This is an i Appeal of the March 13, 1992 ] Notice of Disapproval issued by I the Building Inspector under ~b Article XIV, Section 100-142) and Article XXIII, Sectio~i 100-239.4B for approval or recognition of lot with a substandard size of 15,285 sq. ft., lot width (frontage) along the Main Road 76.46 feet, and lot depth 125.0 feet. At the time , of transfer of title, the property: was located in the B-Light Business Zone. Today, the pro- perty is located in the Light In- dustrial (LI) Zone District. i Location of Property: 68320 Main Road, Greenport; Map of ! Peconic Bay Estates Lot Nos. 185 and 186; County Tax MapI] Parcel ID No. 1000-53-2-2. I 8:15 p.m. Appl. No. 4117SE -- LINDATAGGART. Request for I ~ a Special Exception under Ar~ I~~; ticle XIII, Section 100-13lB, as I referenced from Article XIV, Section 100-14lB for permission i to establish retail gift shop in this Light Industrial (LI) Zone District. Location of Property: 68320 Main Road, Grcenport; Map of Peconic Bay Estates LOt Nos. 185 and 186; County Tax Map Parcel ID No. 1000-53-2-2. 8:25 p.m. Appl. No. 4120 --' WILLIAM GOODALE AND MATTITUCK AUTO CEN- TER, INC. Variance to the Zon- ing Ordinance, Article XXI, Section 100-212B for relief from the front yard landscaping pro- visions of the zoning code. Location of Property: 7655 NYS A0 Route 25 (Main Road), Laurel,/" near Mattituck, NY; County Tax Map Parcel No. 1000- 122-06-30.1 (previously 30). 8:30 p.m. Appl. No. 4119SE -- RICHARD GOODALE AND MATTITUCK AUTO CENTER, INC. (Tenant). Special Exception to the Zoning Ordinance, Article X, Section 100-10lB(12) for a permit authorizing: (a) a new car sales establishment; (b) an establish- ment of an accessory use in- cidental to the proposed new car sales establishment for the sale; and/or lease of used vehicles; (c) I outside display of vehicles, (d) accesso~ office use incidental to the new principal use as a new car sales establishment. Loca-i~ tion of Property: 7655 Mainf~ Road (NYS Route 25), Laurel, near Mattituck, NY: County Tax Map Parcel No. 1000- 122-06-30.1 (prey. 30). 8:45 p.m. (Reconvened from June 30, 1992) Appl. No. 4091 -- EUGENE M. LACOLLA. Variance to the Zoning Or- dinance, Article Ill, Section 100-3lA and B, requesting per- mission to change use of a por- tion of the subject premises, from residential to non- residential. Location of Proper- , ty: North side of Main Road, (State Route 25), at Ar~' shamomoque near Greenport, ' (abutting properties of l Hollister's Restaurant, Mill (~ Creek Liquors, The Pottery./ Place, etc.); County Tax Map Parcel Nos. 1000-56-4-24 and 19. , 9:00 p.m. Appl. No. 4072 --: VARUJAN AND LINDA. ARSLANYAN. Appeal of the ' November 26, 1991 Notice of Disapproval of the Building In- spector for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4A and ~ ArticleXXIV, Section 100-244B, ! or Article III, Section 100-32, for permission to construct i swimming pool and deck addi- , tion with insufficient sideyard(s) and with insufficient setback i from sound bluff/bank along the Long Island Sound. Loca-/ tion of Property: 54455 (North Side) of County Road 48,~1 Greenport; County Tax Map Parcel No. 1000-52-1-8. The Board of Appeals will at the above time and place hear any and all persons or represen- tatives desiring to be heard con- cerning these applications: Writ- ten comments may also be sub- mitted prior to the conclusion of the subject hearing. Each hear- ing will not start before the times designated above. For i more information, please ca 765-1809. Dated: July 14, 1992. GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski. 1X-7/16/92(6) COUNTY OF SUFFOLK~.~S: STATF. OF NEW YORK Patricia Wood,' being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that tile notice or which the annexed is a printed copy, has been .pul~lishcd in said I_ong Isla~(I Traveler-Walchman once each week for ..................... ~. .... weeks successively, commencing on the ......... ~ ......... "~:-'~t ..... ~ 9 ~ .' .................... day of ................. ]9 .~.~ . ..... Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, State ol New York No. 480G848 Qualified in Suffolk County/ Commission Expires APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa 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 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. Additional time will, of course, be available. A drafted or final written copy of your presentation, if lengthy, is always appreciated. Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. Yours very truly, Enclosure GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Mailing List of Legal Copies mailed 7/14/92: for Jury 29, 1992 gs: Mr. and Mrs. R. P.O. Box 394 East Marion, NY Milne 11939-0394 Allen M. Smith, Esq. (Re: 737 Roanoke Avenue P.O. Box 1240 Riverhead, NY 11901-1240 Mr. Merlon Wiggin, P.E. Peconic Associates, Inc. P.O. Box 672 Greenport, NY 11944 J. Kevin McLaughlin, Esq. P.O. Box 1210 1050 Youngs Avenue Southold, NY 11971 (Re: Charles R. Cuddy, Esq. P.O. Box 1547 180 Old Country Road Riverhead, NY 11901-1547 (Re: Mr. and Mrs. F.M. Flynn P.O. Box 144 Southold, NY 11971 (Re: Mr. and Mrs. Varnjan Arslanyan Apt. PH-11 - South Building 1055 River Road Edgewater, NJ 07020 Mr. G. Townsend Smyser 302 Prospect Street Ridgewood, NJ 07450 Mr. and Mrs. Stephen Schmidt 450 Bay Haven Lane Southold, NY 11971 Cellular Telephone Co.) Moore & Moore, Esqs. P.0. Box 23 Mattituck, NY 11952 Mrs. Linda Taggart Box 249 Southold, NY 11971 Goodale) LaColla) LaColla) (Re: Arslanyan) Mr. and Mrs. Richard Sherman P.O. Box 1002 Southold, NY 11971 Allcot Mr. and Mrs. Wilbur C. 527 Paramus Road Paramus, NJ 07652 Whelan, P.E. 11952-0590 Mr. Robert Ho P.O. Box 590 Mattituck, NY (Re: Arslanyan) (Re: Arslanyan) (Re: Cellular Tel.) APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD S.E.Q.R.A. TYPE II ACTION DECLARATION July Appeal No. 4115 Project/Applicants: County Tax Map No. Location of Project: Stephen & Ella Schmidt 1000- 88-4-24 340 Bay Haven Lane, 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 29, 1992 NY Relief Requested/Jurisdiction Before This Board in this Project: Construct deck addition with insufficient rear yard setback 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 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Zoning Board of Appeals FROM : Office of the Town Clerk DATE: June 25, 1992 RE: Zoning Appeal Appl. No. 4115 - ELLA & STEPHEN SCHMIDT Transmitted herewith is Zoning Appeal Appl. No. 4115 - ELLA & STEPHEN SCHMIDT together with the Notice of Disapproval from the Building Department, the Application for Building Permit, a copy of the Survey Map, the Notice to Adjacent Property Owners, the Short Environmental Assessment Forms, the Questionnaire from the Zoning Board of Appeals, a proposed drawing, a copy of the deed and a copy of the Tax Map. Judith T. Terry Town Clerk The N.Y.S. Enviro'nmental QuaLity Review Act recuires submission (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 th~ action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered NO it is likely that the project is not significant. (d) Environmental Assessmen~ 1. Will 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 unique or Unusual land form on the site? _ Yes 3. Will project alter or have a large effect on a~ existing body Of water? 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? 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- ure 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 ~ No 11.Will project result in major traffic problems or cause a ma]or effect to existing transportation , ' systems? 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? ~Yes ~ NO 13.Will project have any impact on public health or safety? 14. Will project affect the existing community by directly causing a growth in permanent popula- period o__r have a major negative effect on the character of the community or neighborhood? 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I~PROJECT INFORMATION (To be completed by Ap~Ucant or Proiect sponsor) 1. APPLICANT/SPONSOR SEQR I 2. PROJECT NAME 3. PROJECT LOCATION: M unicJ~ill~ County 5, IS PROPOSED ACTION: 7. AMOUNT OF ~-~.ND AFFECTED; [] Yes [] No If NO, Bestride Briefly g. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? 10. DOES ACTION INVOLVE A PERMIT APPROVAl_ OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAl_ STATE OR LOCAL)? [] Yes [] NO If yes. list agency(si anci Permit/approvals 11. DOES ANY ASPECT OF THE AC'~,:,~ HAVE A CURRENTLY VALID PERMIT OR APPROVAL? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment '~ OVER 1 (Continued on reverse side) QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached.} Stephen & Ella Schmidt B. Is the subject premises listed on the real estate market for sale. or being shown to prospective buyers? { } Yes { X} No. (If Yes, p3.easa a~h =u~y c~f "condi~" of sale.) C. Are there =~y p~u~osal= tD :~ange ua alter l~nd conteul~? { } Yes {X} No De 1. Are there any areas which contain wetland grasses? NO 2. Are the wetland areas shown on the map submitted with this application? 3. Is the property bulkheaded 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? . NO (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which e~4~t and are not ~hown on the survey map that you a~a submitting? YES If none exist, please state "none." STEPS G. Do you have any construction taking place at this time concerning your premises? NO 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? YES If yes, please explain where or submit copies of deeds. I. Please list present use or operations parcel RESIDENTIAL proposed use Authorized Signature an~ DaLe conducted at this and 3187, 10/901k § 97-13 WETLANDS § 9%13 TOWN ~ The Town of Sou,:hold. TRUSTEES ~ The Board of Trustees of the Town of Southold. [Added 6-5-84 by L.L..No. 6-1984] "SrETLA-,kFDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 by ]', ?. No. 6-1985]: ~'~-'., ' (' · ,~? ~DAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with, or which border on. tidal waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet. including but not limited to banks. bogs. salt marsh, swamps, meadows, flats or other Iow lying lands subject to tidal action; (2) Ali banks, bogs, meadows, fiats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following: salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundse], n~arsh,~.Hqw and (3) (I) All l~ud immediately udjaeent tea tidal wetland 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: resnxvater wetlands" as defined in Article 24. Ti- tle I. § 24-0107, Subdivisions l(a) to l(d) inclusive, of thc Environmental Conservation Law of the State of New York; and (2) All land immediately adjacent to a "freshwater wet- land." as defined in Subsection B(1)and lying with- in seventy.five (75) feet landward of the most land- ward edge of a "freshwater wetland." 9705 z--~. s~ 8875 THIS INDEHTURF~ made the 30th day of Au~uW6 , nineteen hundred and eighty BE'I'WF=F.H I~TTE F. '~TJ.q, residing at no j ~ Lanes Bay Haven at flouthol,t~ $outhold~ New York 11971 pafly d the fin pail. and gf~PH~( J. 8C~ffDT aad ~.?A J. ~, ~ ~e, Be~ ~sid~g at 70 Jackson ~e~, ~en ~ty, N~ ~erk ~yof~~ ~fi~-q~-I ~ ~t ~e ~ of ~ fi~t ~ in ~nsid~on of Ten ~l~s and ~er ~le ~i~e~ ~d by ~ ~ of ~e ~nd ~ ~ he~ ~t ~ ~ unto ~ ~ of ~ ~nd ~, ~ ~rs or ~ ~ ~ of ~ ~ ~ ~ ~ ~ t~, . .. 1~~ at B~ ~ ~ol~, ~'~ Tm'of ~eld, ~ty ~ ~fe~ ~ ~ ~ N~ ~, ~ ~i de~ as let ~ ~eaty eight (28) eaa certala nap eatitl~ "Bay Bavea at Seutheld, Tm ef Seuthol~, ~ffelk Oeuaty, New York· e~rveyed Dece~er 10, 1958 by O~t~ ~. Va~ Tuyl & ~en, Lice~seA Lan~ ~-'weyere, ~reenpert~ New York a~d file~ in the Office ef the Clerk ef 8~ffolk C~mty on the 22n~ ~ay of Jmuary~ 19~ as Map Ne. 2910. TO~KTH~ with the right, in cen~ea with ether owners ef the lots shown en sai4 Map, te the use of the uCemmasity Beachu as designated ea said map. The parties of t~e second part agree for themselves, their heirs, executors, ad~-~strators and assigns, that they will Join the 3outhold Bay Haven Property Owners Association, Inc., add ~[11 abide by the rules and regulations of sei~ association as set forth in the by-laws ~ereof. TOGETHER with ell right, title and interest, if any, of the party of the first pan in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER wiga the appurtenances and all the estate and rights of thc party of thc first part in and to said premises; TO HAVE AND TO HOLD thc premises herein granted unto the party of the second part, ~hc heirs or successors and a,ssi~ns o! the party o/the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of t~ total of the ~ for any other purpose. ~ The v~rd "party" shall he construed as i[ it read "parties" whenever the sense of this indenture so requires. [lq ~ '~,l~O~, the party of the first part has duly executed this deed the day and year first almve On ~ 30thday of August 19 80 , before me FS]TH F. execumi the foregoing ~ and acknowledg~l that ST,ITl O~ NEW YORK, COUNTy OIt: On the day of to me known, wi]o, bdng by say that he resides at No. 19 , before me me duly sworn, did depose and · the oorporation described /~ and which executed the foregoing instrument; that he "'knOws the seal of said corporation; that the seal affix~ to enkl instrument is such corporate seal; that it vras so by of name thereto by h'he order. S?AI~ Of NEW yOIIC, COUNTY 04~ ssz On the day of 19 , before me STATE 01~ NM YORK, COUNTY 01~ On the day of 19 , before me personally came the subse~bing wlmess to the foregoing instrument, with wimm I am personally acquainted, who, being by me duly sworn, did depose and say that he rtsides at No. ; that be knows tO he the individual descn"oed in and who executed ~ foregoing im~trument; e~ecute the same; and that he, said wimess, at the same dine mbsc~'hed h name as witness tha~eto. WITH COVENANT AGAINST GRANTOR'S ACTS TIT~ biO. SECTION BLOCX LOT COUNTY OR TOWN Recorded At ILe~aesr a~ ~ Tide Gmetntee Company RFFUR~¢' B~l' MAIL TO:. THE TITLE GU,4RANTEE COMP,4. Y Nr. aM Nra. Stephen ~i~id% 70 dacksen ~reet ~arden City, N. Y. 11%30 Zip N~ REAL ESTArtr SEP 2 COUN[Y APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2.5 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 ACTION OF THE BOARD OF APPEALS Appeal No. 3803: Application of JAMES AND PHILOMENA MONICA for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of deck with an insufficient rearyard setback. Location of Property: 585 BayHaven Lane, Southold, NY; Terry Waters Map No. 2901, Lot No. 42; County Tax Map District 1000, Section 88, Block 4, Lot 31. WHEREAS, a public hearing was held and concluded on December 8, 1988 in the Matter of the Application of JAMES AND PHILOMENA MONICA, under Appeal No. 3803; and WHEREAS, 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, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the easterly side of Bay Haven Lane, in the Hamlet of Southold, Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 88, Block 4, Lot 31. 2. The subject premises is improved with a single-family, one-story frame dwelling as shown on the copy of survey map prepared by Roderick VanTuyl as surveyed September 18, 1973, and as shown on the sketched survey submitted under Building Permit No. 14076Z dated June 21, 1985, with sun porch addition amd 16' by 20' open deck addition. Page 2 - Appeal No. 3803 Matter of JAMES AND PHILOMENA MONICA Decision Rendered December 8, 1988 3. The subject premises contains a total area of 15,625 sq. ft. with frontage of 125.0 feet along Bay Haven Lane and is regulated under Column "A" of Article III, Section 100-31, Bulk Schedule, of the Zoning Code, which requires a minimum rearyard setback at 35 feet for a principal structure. 4. The relief requested by this application is specifically a variance from the required 35 feet to allow an open-deck to extend from the back of the house 20 feet, requiring a variance for approximately three feet with a setback as shown at approximately 32 feet. 5. It is understood that the subject deck was constructed pursuant to Building Permit No. 14076 dated June 21, 1985. 6. In considering 'this application, the Board also finds and determines: (a) the relief requested is minimal and is not self-created; (b) the relief will not alter the essential character of the neighborhood; (c) the difficulties and circumstances are unique and are not personal in nature; (d) 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; (e) in view of all of the above factors, the interests of justice will be served by granting the relief, as requested and conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT the relief requested under Appeal No. 3803 in the Matter of JAMES AND PHILOMENA MONICA for approval of the deck, as applied, PROVIDED that the deck which is the subject hereof remain open and unroofed, {with the exception of a temporary awning}, and not be enclosed or converted to habitable/floor area. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Sawicki. (Absent were: Member Serge Doyen, due to serious family illness, and Member James Dinizio, Jr., due to bereavement). This resolution was duly adopted. I ."],~" I J (~) COUNTY OF SUFFOLK 0,, ~_ J~ '~ ..__~,~JReaJ Properly Tax S~rvJce / ~ ........ , .... 088 R--80 ~d A-C SOUTHO£D -% R 4O -TOWN CLERK Town oF SOUT.OL. 4 3 813 Suffolk County, New York Phone 516-765-1801 Southold, New York 11971 ~' ' ' ° (~ ~dith T. Ter~, Town Clerk · BOARD OF APPEALS, TOWN OF SOUTHOLD In thc Matter or thc Petition of Stephen & Ella Schmidt to thc Board of Appeals of the Town of Southold TO: Mr. & Mrs. Horst Geir 250 Bay Haven Lane Southold, New York 11971 NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That~it is the intention of the undersigned to p~tition the Board nf Appeals of the Town of Southold to request ~.-~ "-~a~'Varianc~ (Special Exception) (Special ' ' ' Perm~-(Dther) [clrc le choice] 2. That the property which is the subject of the Petition is located ad)acent to your property and is des- cribed as follows: 340 Bay Haven Lane, Southold~ New York 11971 3. That the property which is the sub)eot of such Petition is located in the following zoning district: R-40 Residential 4 That h,~ such Petition, the undersigned will request the following relief: Deck addition with insufficient rear yard 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article XXIV Section 100-244-3 [ ] Section 280-A, New York Town Law for approva] 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 bc 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) 765-].809. 7. That before the relief sought may be granted, a public hearing must be hold on the matter by thc Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Petitioner Stephen & Ella Schmidt Owners ' Names: Stephen & Ella Schmidt Post Office Address 450 Bay Haven Lane Southold, New York 11971 Tel. No. ( 516 ) 765-3337 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] ~'~:,:~' ~ NAM~ PROOF OF MAILING OF NOTICF ~ACH CERTIFIED .~tAZL RECEZPTS ADDRESS p 6q5 qaR 5],5 ,~F:~. Certified Mag Receipt No msurance Coverage Provided DO not use for International Mail STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: Stephen & Ella Schmidt , residing at 450 Bay Haven Lane Southold, New York 11971 , being duly sworn, deposes and says that onthe 23 day of June ,19 92 , deponent mailed a true copy of the Notice set forth on thc rc. verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons arc thc addresses of said persons as shown on thc current assessment roll of the Town of Sou/hold; that said Notices were mailed at thc United States Post Of- Gcc at Southold, New York ;that said Notices were mailed toeach of said persons by Sworn to I:~ore me this day of , ' Notary Public UARY L. BEDNOSKY Nota~ P~ $me ol ~ Yak ~. 4911759 (This side does not have to be completed on form transmitted to adjoining property owners.) BOARD OF APPEALS, TOWN OF SOUTHOLD in the Matter or the Petition of Stephen & Ella Schmidt to the Board of Appeals of the Town nf Sou'~hold TO: Mr. & Mrs. Salvatore Pisano 219-76 St. Brooklyn, New York 11209-3106 NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That il is the intention of the undersigned to pc[ilion the Board of Appeals of the Town of Sou[hold torequest a~'(SpeciaI Exception) (Special Permit~_J?~ther) [circle choice] 2. That the property which is the subiec! of the Petition is located adjacent to your property and is dcs- cribedas follows: 340 Bay Haven Lane, Southold~ New York 11971 3. That :he property which is the subiect of such Petition is located in the following zoning district: H-40 Resident ia1 4 That h~ such Petition, the undersigned willrcqucst thc following relief: Deck addition with insufficient rear yard. 5. That the provisions of the Sou[hold Town Zoning Code applicable to the relief sought by the under- signed are ~_rticle XXIV Sect/on 100-244-B [ ] 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 Sou[hold Town Clerk's Office at Main Road, Sou[hold, New York and you may then and there examine the same during regular office hours· (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by thc Board of Appeals; that a notice of such hearing must be published at least five days 'prior to thc date of such hearing in thc Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in thc Town of Sou[hold and designated for the publication of such notices; thai you or your representative have thc right to appear and be heard at such hea. ring. Petitioner Stephen & Ella Schmidt Owners'Names: Stephen & Ella Schmidt Post Office Address 450 Bay Haven Lane Southold. New York 11971 Tel. No. ~ 516 ) 765-3337 [Copy of sketch or plan showing proposal to be attached for convenience, purposes.] NAME PROOF OF MAILING OF NOTICF ,~.,~C}. CERTiFiED M. AIL RECEIPTS ADDRESS P 895 938 514 Certified Mail Receipt Insurance Coverage Provided Do not use for International Mail (See Reverse) Sent to Street & No PO , State & ZIP Code -' STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: Stephen & Ella Schmidt , residing at' 450 Bay Haven Lane Southold, New York 11971 ,belngduly sworn, deposes and says that on the 23 day of June , 19 92 ,deponent maileda true copy of' the Notice set forth on there- verse side hereof, directed to each of the above-named persons at thc addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresse~ of said persons as shown on thc current assessment roll of the Town of Sou~hold; [hat said No[ices were mailed at thc United States Post Of- rices[ Southold, New York ;that said Notices were mailed toeach of said persons by (c~rtifi~dj (re,ist,red)mail. .Sworn to b~fore me this day of ~/,/.~¢--~.~ , 19 '~..~ Notary Public MARY L BEDNOSKY Nola~/Pubr~ State ol New Yo~k No. 4911759 Quaffed in Su[toinCoura~f ~ Commission Ex[~es Nov. 2.19 .~L~ (This side does not have to be completed on form transmitted to adjoining property owners.)