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HomeMy WebLinkAbout4132SPECTACLE RIDGE INC. 14990 Oregon Rd. Cutchogue 84 ,01 #4132 PH 10/15/92 Acessory barn in front yard and accessory swimming pool in side yard. APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OFAPPEALS TO%VNOFSOUTHOLD ACTION OF THE BOARD OF APPEALS SCOTT L. HARFJS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appeal No. 4132, Two-Fold Application Referred to as Appl. 4132A and 4132B: 4132-A - Application of SPECTACLE RIDGE, INC. for a Variance to the Zoning Ordinance, Article III, Section 100-33 for permission to locate accessory barn, accessory swimming pool and cabana structure in areas other than the required rear yard, and under Section 100-33A for permission to extend height of barn above 18 feet. Location of Property: 14990 Oregon Road, Cutchogue, NY; County Tax Map Parcel No. 1000-084-01-02. This property is located in the "Agricultural-Conservation (A-C)" Zone District. 4132-B - Application of SPECTACLE RIDGEt INC. to include, as amended, a request for relief under Article III, Section 100-3iA(i) {and/or Section 100-31C pertaining to accessory uses) to permit residential second-floor use for family member of a proposed accessory building, in conjunction with the use of the proposed principal single-family residence. Location of Property: 14990 Oregon Road, Cutchogue, NY; County Tax Map Parcel No. 1000-084-01-02. This property is located in the "Agricultural-Conservation (A-C)" Zone District, and is presently before the Southold Town Planning Board concerning a change of lot line and before the Farmland Development Rights on 17+- acres, leaving 2+- acres for one (1) principal dwelling use per two acres of land area. WHEREAS, public hearings were held on October 15, 1992 and November 9, 1992, concerning the above two-fold application, and at said hearings 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, the current ~ Zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: Page 2 - Appl. No. 4132 Matter of SPECTACLE RIDGE, INC. Decision Rendered November 9, 1992 1. The property in question is situated along the southerly side of Oregon Road, situate approximately 730 feet west of its intersection with Bridge Lane, Cutchogue, as identified on the Suffolk County Tax Maps as District 1000, Section 84, Block 1, Lot 2. 2. This parcel contains a total acreage of approximately 19.07 acres; town assessment records show that it is improved at the present time with a barn building used solely for agricultural and farming purposes. 3. Pending with the Southold Town Planning Board is an application for an alteration of lot line which would confirm an exchange of property of 1.78 acres as shown on the survey map prepared by Smith & Jung, L.S. dated August 26, 1992 from Land of the Society for the Propagation of the Faith to Spectacle Ridge, Inc., the applicant herein. This 1.78 acre strip is shown to be 56 feet in width along Oregon Road and extends in southerly direction 1403.70 feet, and is being merged with the 19.07+- acres of Spectacle Ridge, Inc. for a total land area of 20.8627 acres. The two acres designated on the map is shown for the purpose of applying land area for a new dwelling. Further application may be under review before the Southold Town Planning Board for this two acre tract, as proposed, apart from the entire 20.8627 acres, as well as an application pending under the Southold Town Land Preservation Program for possible acceptance of 18.7918 acres for land preservation. 4. By this application, a variance is requested for permission to: (a) locate an accessory 20' x 40' swimming pool with accessory (cabana-type) building, all enclosed and as shown on the September 11, 1992 map prepared by Garrett A. Strang, Architect, for Mr. and Mrs. Mark Lieb - Drawing SP-1, Project No. 92-10, in the west side yard area of the proposed dwelling, approximately 395 feet distant from the front property line along Oregon Road and approximately 123 feet from the most easterly property line; (b) locate an accessory barn building in the northerly front yard, of the proposed dwelling, with a setback at least 200 feet from Oregon Road and at least 35 feet from the most easterly property line - (Ref. September 11, 1992 map prepared by Garrett A. Strang of building layout); (c) increase height of the accessory barn building from the maximum 18 ft. height requirement to 30 feet high (from ground level to the top of the roof); Page 3 - Appl. No. 4132 Matter of SPECTACLE RIDGE, INC. Decision Rendered November 9, 1992 (d) convert the proposed accessory barn building to residential family use on the second floor of 1700 sq. ft. 5. SETBACKS OF ACCESSORY BUILDINGS. Article III, Section 100-33 of the Zoning Code provides: "...accessory buildings and structures or other accessory uses shall be located in the required rear yard, subject to the following requirements: A. Such buildings shall not exceed eighteen (18) feet in height... " 6. ONE DWELLING USE PER 80,000 SQ. FT. OF LAND AREA. Article III, Section 100-31A(1) provides: .A. Permitted uses. (1) One-family detached dwellings, not to exceed one (1) dwelling on each lot... (2) The following agricultural operations and accessory uses thereto, including irrigation, provided that there shall be no storage of manure, fertilizer or other odor- or dust- producing substance or use, except spraying and dusting to protect vegetation... (c) Barns, storage buildings, greenhouses including plastic covered) and other related structures, provided that such buildings shall conform to the yard requirements for principal buildings. 7. ACCESSORY USE PROVISION. Article III, Section 100-31C provides: "...C. Accessory uses, limited to the following uses and subject to the conditions listed in Section 100-33 herein: (1) Any customary structures or uses which are customarily incidental to the principal use, except those prohibited by this chapter. 8. BULK SCHEDULE. The Bulk, Area and Parking Schedule for this Agricultural-Conservation (A/C) Zone District requires a minimum land area for each principal dwelling or other principal use at 80,000 sq. ft. The applicant has not confirmed any intention to reserve 160,000 sq. ft. of land area for two principal uses, and although 80,000 sq. ft. is being reserved Page 4 - Appl. No. 4132 Matter of SPECTACLE RIDGE, INC. Decision Rendered November 9, 1992 for one principal (dwelling) building, the remaining land area of 19+ acres is being sold and contracted for land preservation. Therefore, the hardship created in this request for a second residential unit on less than 160,000 sq. ft. of land area is self-imposed and must be denied. In the event the owner decides not to proceed with the land preservation agreement and decides to allot 160,000 sq. ft. of land area for two principal uses (two residential uses on one lot), the Board has no objection to a new, separate application for consideration. 9. ACCESSORY BUILDINGS AND THEIR LOCATION. Although the difficulties claimed are being self-imposed by the applicant in placing the dwelling at a distance near the rear yard, it is the opinion of the Board Members that the proposed location of the accessory pool and accessory barn structure in the areas shown on the plans under consideration are not unreasonable and more than adequately meets all setbacks in the code, even those more restrictive, i.e. principal setbacks. 10. AREA SETBACK STANDARDS. application pertaining to the yard buildings, the Board finds: In considering this location of the accessory (a) that the essential character of the neighborhood will not be adversely affected; there are no dwellings or other principal structures in close vicinity of the subject premises; (b) that the relief as granted will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (c) that the limited relief granted will not be an increase in the permitted single-family use density, or cause a substantial effect on available governmental facilities; (d) that the amount of relief granted, and conditioned, is the minimum necessary; (e) in considering all of the above factors, the interests of justice will be served by granting setback relief, as conditionally noted below. 11. USE STANDARDS. However, in considering the application as it pertains to a residential use of the second floor (1700+- sq. ft.) of the proposed "accessory barn building," the Board finds: (a) that there will be an increase in dwelling unit density double that expressly authorized on two acres of land; Page 5 - Appl. No. 4132 Matter of SPECTACLE RIDGE, INC. Decision Rendered November 9, 1992 (b) that the relief will in turn be adverse to the safety, health, weflare, comfort, convenience and order of the town; (c) that the use of the property is authorized one dwelling on two acres, and a two-family use may be permitted by Special Exception with four builder's acres (160,000 square feet); (d) the hardship created is personal to the landowner and is not related to the land and its zoning; (e) the applicant is presently negotiating a contract with another agency of the Town to sell the rights of the remaining 18 acres, as well as a contract to convey two acres for individual ownership (to Lieb) from the corporation (Spectacle Ridge, Inc.), and has an option to modify either or both agreements in order to apply four acres of land for two-family dwelling use; (f) that the property does and will continue to yield a reasonable return for the uses presently existing as well as the one-family dwelling use proposed; (g) that the grant of two dwelling uses in two separate structures will in turn alter the essential character of the town by setting precedents for personal hardships; (h) that acceptable proof of significant economic injury was not submitted; (i) that the relief requested is substantial in relation to the requirements, being a variance of 100%; (j) that the benefit sought by the applicant can be achieved by some feasible method other than a variance; (k) that the difficulty claimed is self-created. Accordingly, on motion by Mr. Goehringer, seconded byMr. Doyen, it was RESOLVED, to DENY the variance requested for a residential use in the proposed accessory (barn) building; and BE IT FURTHER RESOLVED, to GRANT relief to locate an accessory swimming pool with cabana and fence enclosure in the westerly side yard area and to locate an accessory (barn) building in the northerly front yard area with the height as shown on the elevation rendition prepared by Garrett A. Strang, as more Page 6 - Appl. No. 4132 Matter of SPECTACLE RIDGE, INC. Decision Rendered November 9, 1992 particularly described in the above findings at paragraphs 4(a), 4(b), and 4(c) only, SUBJECT TO THE FOLLOWING CONDITIONS: 1. The accessory barn building be use for storage and purposes normally incidental to operation of the vineyard and related agriculture-farming, or accessory storage use incidential to the principal residence; 2. The accessory barn building shall not be used for sleeping or living quarters. 3. Modification of the sizes, heights, ~sd general location of the subject accessory structures shall be subject to approval of the Chairman of the Board of Appeals prior to issuance of building permits. VOTE OF THE BOARD: Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa and Wilton. This resolution was duly adopted. lk fGERARD P. GOE~IRING~ CHAIRMAN AND FILED Page 2 Legal Noti~ Hearings for November 9, 1992 Southold Town Board of Appeals ft. height limitation (proposed height: 8 Property: 52550 Main Road, Southold, NY; No. 1000-61-3-1. ft.}. Location of County Tax Map Parcel 3) 7:38 p.m. Appl. No. 4137 - Application of JANE C. PEACE appealing the October 19, 1992 Notice of Disapproval issued by the building inspector, for relief under Article IIIA, Section 100-30A.3 for the placement of a raised concrete patio extension with awning at a setback of less than the required 35 feet from the front property line along Reydon Drive. Location of Property: 40 Grove Drive at Intersection with Reydon Drive, Southold, Reydon Shores, Section H, Lot 23, 24 & 1/2 of 22; County Tax Map Parcel No. 1000-80-4-17.1. 4) 7:42 p.m. Appl. No. 4098 - Application of TONY AND MARIA KOSTOULAS for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 for approval of deck extension (at or near ground level) and fence, as exists, near the L.I. Sound bluff. Location of Property: 1035 Aquaview Avenue, East Marion, NY; County Tax Map Parcel No. 1000-21-2-13. This property is nonconforming as to total lot area in this R-40 Zone District. (Hearing was previously postponed for Town Trustees action on Coastal Zone Permit jurisdiction). Page 3 - Legal Not~ Hearings for November 9, 1992 Southold Town Board of Appeals 5) 7:50 p.m. Appl. No. 4136 - Application for GEORGE BITSAKIS AND OTHERS (Owners) for a Variance under Article XXIII, Section 100-239.4A for permission to construct addition and reconstruct existing dwelling structure areas located within 100 feet of the L.I. Sound bluff or bank. Location of Property: 57065 C.R. 48, Greenport, NY; County Tax Map Parcel No. 1000-044-2-1. This property is nonconforming as to total lot area in this R-40 Zone District. 6) 7:55 p.m. Appl. No. 4132-B - Application of SPECTACLE RIDGE, INC. to include, as amended, a request for relief under Article III, Section 100-3iA(i) (and/or Section 100-31C pertaining to accessory uses) to permit residential second-floor use for family member of a proposed accessory building, in conjunction with the use of the proposed principal single-family residence. Location of Property: 14990 Oregon Road, Cutchogue, NY; County Tax Map Parcel NO. 1000-084-01-02. This property is located in the "Agricultural-Conservation (A-C)" Zone District, and is presently before the Southold Town Planning Board concerning a change of lot line and before the Farmland Development Rights on 17+- acres, leaving 2+- acres for one (1) principal dwelling use per two acres of land area. 7) 8:00 p.m. Ref. File No. 4122-B. Application of ROBERT H. and KATHRYN B. DEXTER under Article XXIII, Section 100-239.4B · for a rehearing, or in the alternative, new Application for a Hearings o 9, 1992 Southold Town Board of Appeals deck extension, as modified, plus second-story overhang, all to be located within 75 feet of the lower bulkhead along Great Peconic Bay. Location of Property: 8380 Great Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-126-11-20. 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. For more information, please call 765-1809 or visit our office. Dated: October 26, 1992. BY ORDER oF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER By Linda Kowalski Copies transmitted to the following on or about 10/26/92: L.I. Traveler-Watchman Suffolk Times, Inc. Ms. Charlene Edwards, 40-27 195th St., Flushing, NY 11358 IGHL, Inc., Attn: Mr. Walter Stockton, Box 638, 62 Pine St., East Moriches, NY 11940 Donald M. McGayhey, Esq., Box 981, 1050 Youngs Ave., Sld 11971 Re: Jane Peace Mr. and Mrs. Tony Kostoulas, 2-21 148th St, Whitestone 11357 Ward Associates, P.C., 1500 Lakeland Ave, Bohemia 11716 Re: G. Bitsakis and others Mr. G. A. Strang, R.A., Box 1412, Southold 11971 Re: Spectacle M/M Robert H. Dexter, 197 Kensington Rd, Garden City 11530 TOW?q OF SOUTIIOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTIIOLD, N.Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE that your application dated . .(~, .e,-~.~ . . .~....~. ....... 19~.~. LocationofProperty (~.~O ~ ~ Hoose ~o. ~ ~treet ' ~ '~ .... Ham/et County Tax Map No. 1000 Section .. ~.~ ..... Bloc~ .... ~ ...... Lot ..~ .~ ...... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds..~. ~..~.~ )~'. ~ Building Inspector OF HEALTH ...... ~TS OF PLANS ....... 'FORM NO. 1 SURVEY .......... TOWN OF SOU/HOLD CHECK .......... BUILDING DEPARTMENT SEPTIC FORM ............. : TOWN HALL NOTIFY $OUTHOLD, N.Y. 11971 TEL.: 765-1803 CALL ................ MAIL TO: Examined ................. 19... Approved ................. 19... Permit No ............ Disapproved a/c ..................................... (Building Inspector) APPLICATION FOR BUILDING PERMIT Date . .O.c..t.o.b.e.r...2.q .... ,199..2. INSTRUCTIONS a. This 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 streets 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 ~vhole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspect.or. 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 Southold, 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, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary !nsp~tions. ~' .'J' '7z,~,4-~,) e~ .~~' - (Signature of applicant, or name, if a corporation) Garrett A. Strang, Architect " .M..a3n .R. 9.a.d..B. 9.x....1. 43.2..S. 9.u.t. ho~0..NY..1J.9.7 ~. (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, en~neer, general contractor, electrician, plumber or builder. Architect Name of owner of premises . . .5.17 .e.c.t.a.q .i.e..R.i.d. gg.,.. I..n.c ................................................ (as on the tax roil or latest deed) If applicant is a corporation, 'signature of duly authorized officer. (Name and title of corporate officer) ALL CONTRACTOR'S MUST BE SUFFOLK COUNTY LICENSED Builder's License No .... ~O~. ~.ele¢~ed. Y~L.. Plumber's License No. " " " Electrician's License No. " " " Other Trade's License No. " " " 1. Location of land on which proposed work will be done .................................................. 14990 Oregon Road Cutchoque House Number Street Hamlet County Tax Map No. 1000 Section ...... 0.8..4 ......... Block ..... 0. q ............ Lot ..... .0.2 ............ Subdivision ..................................... Filed Map No ............... Lot ............... (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy .......... V..i.n.e.y.a..r.d .................................................. b. Intended use and occupancy . .V. Jr..n?.y.a.r.d...w.J:.t..h..sd.n.B.19..f.q.m3.1.y.. r..e.s.~.d.o..ng.o': ...B.a.r.n...w.i.t, t3 ........ residential use on second floor 3. Nature of work (check which ~icable): New Building .... .X .....A~}ion .......... Alteration ...: ...... Repair .............. Rezfi~val .............. Demolition .............. Other Work ............. :. (Descriplion) 4. Estimated Cost ' $ 400,000.00 ' (to be paid on filing this application) 5. If dwelling, number of dwelling units...... · ........One Number of dwelling units on each floor ................ If garage, number of cars '[ 6. If bualness, commercial or mixed occupancy, specify nature and extent of each type of use ..................... 7. Dimensions of existing structures, if any: Front ............... Rear .............. Depth ............... Height ............... Number of Stories Dimensions'of same structure with alterations or additions: Front ................. Rear .................. Depth ...................... Height ...................... Number of Stories ....... : .............. 8. Dimensions of entire new construction: Front6.0.'.b. ~,¥B.8.o ~ .h.a.o. Rear6 Q' barnB 0 ' hse Depth ~ 0 ' barn50 ' 13~ Height .3.0. '...b.a.r.n..a .h.s.e. Number of Stories . . .t.w.q..egch .......................... 9. Size of lot: Front 540 ( 177pr.o.E. osed) Rear 530 ( 175'l~)~'s'fi~l i .... ~&; '1' ~[3'9' ' i ~ ~ '4' ' '3~' '~6~1' ' ........................................... ........... P... P. .... ). 10. Date of Purchase ' · .................... Name of Former Owner ............................. 11. Zone or use district in which premises are situated A-C A[lricultural Conservat ±on 12'. Does proposed construction violate any zoning law, ordinance or regulation: ......... Y..e.s .................... 13. Will lot be regraded ..... MirLi,ra~l ............... Will excess fill be removed from premises: XYes No 14. Name of Owner of premises Sp.e.~$Og.l.e...R.i.cl. qg . Address .G.r. eenwich CT. Phone No ................ Name of Architect . .Gg.r.r..~..t.t../~.,. ,S.t.r.a. 09 .... i. Address$.qu. ~.~.~i~d.' i .1)3<.i i i i i i Phone No.5.1.6.-~7. 6. .5 7. 5. 4. .5 .5 . . Name of Contractor .. ~.o.~. ~.e.l,q~C.t.e.d. ......... Address .... : .............. Phone No ................ 15. Is this property located within 300 feet of a tidal wetland? ~Yes ..... No ~{~. ~If yes, Sou?hold Town Trustees Permit maybe required. PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dimensions from prope~y lines. Give street and block number or description according to deed, and show street names and indicate whether interior or comer lot. SEE ATTACHED STATE OF NEW YORK, 2OUNTY OF.. B.uf. fg~-.k ...... S.S .............. .G.a.r.r..~.t.t../3. :..S.t.r..a.n~ ............... being duly sworn, deposes and says that he is the applicant (Name of individual signing contract) ~bove named. leis the Ag. ent for Owner (Contractor, agent, corporate officer, etc.) zf said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this i.l~lication; 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 ........................ day of ...................... 19... 4otary Public .................................. County (Signature of applicant) TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE ...O...c.~..o..b..e..~....2...0..~... 1992 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Ridge Inc. . .......................... Name of Appellant Street and Number .............. .S..?.?..t.,~o...1.~ ............................................................. .N...e.?.....~...o..~.~. ....... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATFDOctober 20, 1992 WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (xx Nome of Applicant for permit of 54655 Main Road, P.O.Box 1412 Southold, New York Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Permit to Construct ~-c~-~-~,~/~ ~r-~ ~.~ ~,,~ Z'~'~,~,¢ ~->/~-,r,/~ 1. LOCATION OF THE PROPERTY ..1..4...9..9...0...O..r.9.cto. n.....R..o..a...d....C..u..t..c...h..o..~,u..e..,....N.:.~.:......~.T.~ ......... Street /Hamlet / Use District on Zoning Map District 1000 Section 84 Block01 Lot 02 A . ........... ~ ......................................... curren~ Owner Spectacle Ridge Inc. Map No. 'Lot No. Prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III Section 1 00-31A<~3 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (XX) 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 4. PREVIOUS APPEAL A previous appeal (has). (KcY~XrY~) 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 [ X) request for o variance and was made in Appeal No ....... .4..1...3..2. ................. Dated September 17, 1992 REASON FOR APPEAL ( ) A Variance to Section 2BOA Subsection 3 (Z]0 A Variance to the Zoning Ordinance ( ) is requested for the reason th, at Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficultiesorunneces- san HARDSHIP because it would require additional square footage be incorporated into .,the principal building at considerable expense causing an economic hardship. The area that will exist within the confi~sof the roof structure of the accessory building pro~ides a more economical and cost effective utilization of otherwise wasted space for the purpose of housing family members and guests in addition to accessory uses. 2. The hordshipcreotedis UNIQUE andisnotshared by all prope~ies alike in the immediate vicinity ofthis prope~y and in this use district because the subject property is in excess of twenty acres of which only two will be developed with principal building and accessory buildings. The development rights Qf the.remaining acreage will b~ s.old to the Town of Southold thereby remaining undeveloped and open in perpetuity. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE D1SIRICTbecause this district allows for residential development on two acre parcels,thereby 'suggesting the possibility of developing this property with approximately ten (10) residences. In contrast, this proposal provides for a pricipal residence and accessory residential use on the second floor of the accessory building on two acres with the con~iguDus eighteen acres remaining ~undeveloped in perpetuity. It is my opinion that.this propos~ not only observes but exceeds the spirit of the ordinance in providing a maximum of open space. STATE OF NEW YORK ) ) ss COUNTY Signature Sworn to this ........... ..~. ............................................................................... ......... ............. ............. NOTARY PUBLIC, ~ No. 4725~89, Suffolk SEP 28 lggI?. TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR Southold Town TO THE ZONING BOARD OF APPEALS, TOWN ~F SOUTHOLD,.I~I~ y. ~pectac£e ~lQge Inc. 1, ('N~) .G..a..r...r..e...t..t...-A..'.....S...t--r-.-a..~g.,.....R.,.-A.,--.-.f-Qr..of .5-4.~...-M-.~-rx..~.q~.d.....P..,.Q.,~Ox...~-&12. ........ Nome of Appellant Street and Number Southold Municipality ...~.D.~...~.QI~.~ ....... HEREBY APPEAL TO State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...~..?,.~...t..e...m,,~.,e..~....].?..(....l..,9.,9.2. ......... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (x) Garrett A. Stran~ for S~.ect.a_c. le Ridge Inc. Name of Applicant for permit of 54655 Main Road, P.O.Box 1412 $outhold, New York Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Permit to Construct 1. LOCATION OF THE PROPERTY .1~4~?.~9~Q~"[~'9'~q~jR~C.D`'~'~G~b~9~cJ~N~x~r~C ............ Street /Hamlet / Use District on Zoning Map District 1000 Section 84Block 01Lot 0~ Current Owner Spectacle Ridge ];nc. Map No. 'Lot No, P~io~ Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Arti c]e III Section 100-33 & 100-33A 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 Chop, 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal ~la~ (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appea! No ................................. Dated ............................. t ........................................ REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (XX) A Variance to the Zoning Ordinance ( ) is requested for the reason that Form (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce pmcticaldifficultiesorunneces- sa~ HARDSHIP because of the mixed agricultural and residential use of this particular parcel, the barn would have to be in the rear yard of the residence,~ therby causing an ongoing disturbance to the residential use. The plan as presented allows for the practical positioning of the two uses while still maintaining the maximum distance from the street. Regarding the pool and cabana; Although by definition in the side yard it was located so as to be part of the landscapped area when seen from the house. In addition for security reasons it is prefered to be in full view when looking out from the living areas of the house as the owners have a young family and wish to have a constant view of the pool area. 2. The hardship creotedis UNIQUE andisnotshared by oil prope~ies alike in the immediate vicinity ofthis property and in this use district becouse the intention is to develop the two acre parcel with both'a residence and barn which will allow the remainder of the property to remain fully agricultural and the deuelopment rights theret6 Re transfered to the Town of $outhold. If the barn were to be on the agricultural parcel,addit.ional land would have to be cleared to accommodate this use. It is'~refered to place the barn on the two acre set-off for the residential use, so as t~ maintain as much of the'vineyard i~tact as possible. " 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISIRICTbecause The proposed Barn is in excess of 200 feet back from Oregon Road and will be completelY surrounded by agricultural use in perpetuity. It will cause no disturbance to any of the surrounding properties. If the barn were to be placed on the agricultural parcel, it could be as close as 60 feet from oregon road. The Vineyard between the barn and Oregon Road will remain as a buffer for the first 175 feet. With respect to the pool and cabana~ it also-is surrounded by the remainder of the Vineyard and will pose no disturbance to any neighboring~prope.rties. STATE OF NEW YORK ) ) ss COUNTY OF Suffolk ) Signature Sworn to this .............................................. 19 Notary Public /3~c ,~, 'TOWN_OF SOUTHOLDP-'R PO ERTY RECORD CARD OWNER F~RMER OWNER SEAS. VL. IMP. TOTAL VI LLAGE DATE ~ES. LAND AGE NEW Farm Fillable 1 iFilloble 2 ¥illoble 3 JWoodland ~wampland 3rushland House Plot NORMAL Ac re DISTRICT SUB, LOT ACREAGE TYPE OF BUILDII~Gr CB. j MISC. BUILDING CONDITION JBELOW Value Per Acre REMARKS ¢'4'0 co~'~ e~ ABOVE Value Total Exter~s~n Basement Floors Extension , Ext. Walls Interior Finish Extension Fire Place He~t Porch Attic Porch Rooms Ist Floor Breezeway Patio Rooms 2nd Floor Garage Driveway O. B. 61~{ /,.~ ~ ~ ~ /,~ ~ , .-, /,~0 ,. LLMAN COMLEY Attorneys At Law Reply to: Bridgeport Tel. 330-2000 March 23, 1993 James IL White. Jr. Mr. Gerard P. Goehringer Chairman Zoning Board of Appeals Town of Southold Town Hall P. O. Box 1179 Southold, NY 11971 Re: Applloatlon No. 4144 - Spectacle Ridge, Inc. Dear Mr. Goehringer: Enclosed herewith please find a Declaration of Covenants and Restrictions prepared pursuant to your previous correspondence regarding the above and hopefully in accordance with the Board findings and determination. Please note that Spectacle Ridge, Inc. has now merged with Lieb Vineyard, Inc. and title to the property is now in the name of Lieb Vineyard, Inc. If the Declaration of Covenants and Restrictions meets with your approval, please return it to us and we will.have it recorded in the Southold .Land Records. If there are any problems with the Declaration or the format used, please advise immediately so that we can make the necessary modifications thereto. Thank you for your cooperation in this regard. Very, truly ~yours, cc: Mark Lieb LC19353831. lgoe 850 MAIN STREET P.O. BOX 7~6 BRIDGE~RT, CT 06601-7006 (203)330-20~ FAX (203)576-8888 2~ PEQUOT AVENUE RO. BOXSI0 SOUTHPORT, CT0~,0510 (203)254-5000 FAX (203)254-5070 ONE CENTURY TO~R NEWHAVEN, CT06510.7~ (203)773-3006 FAX(203)776-7075 Dist: Sect: Blk: Lot: 1000 084.00 DECLARATION OF COVENANTS AND RESTRICTIONS This Declaration is made this 23rd day of March, 1993 by LIEB VINEYARD, INC. formerly known as SPECTACLE RIDGE, INC., having its principal office at 14990 Oregon Road, Cutchogue, New York 11935 hereinafter referred to as the "Declarant"; WITNESSETH WHEREAS, the Declarant is the owner in fee simple of a certain parcel of land situate on 14990 Oregon Road, Cutchogue, in the Town of Southold, .County of Suffolk and State of New York, being a portion of the premises described in a deed dated April 18, 1992 and recorded on April 27, 1992 in the Suffolk County Clerk's Office at deed Liber 11455, Page 548 and a portion of the premises described in a deed dated October 20, 1992 and recorded on November 6, 1992 in the Suffolk County Clerk's Office at deed Liber 11568, Page 78, which premises are described as follows: ALL THAT CERTAIN piece of parcel of land situate, lying and being at Cutchogue, Town of Southold, County of Suffolk, State of New York, being bounded and described as follows: Beginning at a point on the southeasterly side of Oregon Road distant 720.94 feet southwesterly along the southeasterly side of Oregon Road-form the corner formed by the intersection of the southeasterly side of Oregon Road and the southwesterly side of Bridge Lane; Running thence S 47° -35' -55" E along other lands of Spectacle Ridge, Inc. a distance of 501.10 feet; thence S 42° -24' -05" W still along last said lands 305.00 feet; thence N 47° -35' -55" W still along last said lands 551.26 feet to the southeasterly side of Oregon Road; Running thence N 51° -44' -30" E along the southeasterly side of Oregon Road a distance of 309.10 feet to the point or place, of beginning. Hereinafter referred to as the "premises". WHEREAS', said Declarant has applied to the Board of Appeals of the Town of Southold (Appeal No. 4144 decided on January 14, 1993 for a variance from Article III, Section 100-3iA(I) of the Zoning Ordinance for permission to establish a second cs9353831.1dec cov residential use in the proposed accessory barn building (located in the front yard area as per Appl. No. 4132A, decision rendered November 9, 1992) as living area for a family member or guest and a domestic servant (in one single unit of the premises). WHEREAS, the Board of Appeals has granted the variance subject to certain conditions and the requirement that such conditions be set forth in recorded covenants and restrictions. NOW, THEREFORE, the Declarant hereby declares that the aforesaid premises is held and shall be conveyed subject to the following covenants and restrictions which shall run with the land in perpetuity: 1. Both dwelling units will not be conveyed separately or otherwise' subdivided unless applications are filed with and approved (or waived in writing) by the Southold Town Planning Board in accordance with the Chapter 106 of the Code of the Town of the Town of Southold; and 2. If a conveyance of land is proposed to separate the dwellings(or dwellings) from the land preserved for farmland if and when acquired by the Town of Southold, then the properties must conform to the lot size requirements of Chapter 100 (Zoning) of the Town of Southold which currently requires a minimum amount of land area applied to each dwelling of 80,000 sq. ft., for a total of 160,000 sq. ft. for both dwellings); and 3. The Northerly (barn) building shall be limited .to permanent residency by family members (no unrelated residency), and residential use may not be rented to transients, or be used for an inn, motel, or similar, type of lodging. These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of the Board of Appeals for the Town of Southold. IN WITNESS WHEREOF, the Declarant has caused this Declaration of Covenants 'and Restrictions to be executed by an officer duly authorized as of the day and year first above written. By: Its LIEB VINEYARD, INC. 1.2 ~ '1- ! HARVEY A, ARNOFF Town Attorney MA'rrHEW G. KIERNAN Assistant Town Attorney TO: FROM: DATE: RE: OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM Zoning Board of Appeals ~~__~_ Harvey A, Arnoff, Town Att November 30, 1992 Spectacle Ridge, Inc, SCOI~[r L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Tetephon~{~16)~7~- !Rnn Thank you for the copy of the action of your Board on the above-referenced matter, Under the circumstances I feel that the Board is adequately protected by the termination of the conformity with the law and the nature of the application, PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, .Ir. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE ~ TOWN OF SOUTHOLD October 20, ~992 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 Mark L. Lieb Spectrum Asset Management, Inc. 4 High Ridge Park Stamford, CT 06905 RE: Proposed lot line change for Spectacle Ridge, Inc. and Land of Asip SCTM9 1000-84-1-2 and 1000-84-1-4 Dear Mr. Lieb: The following took place at the October 19, 1992 Planning Board public meeting: The final public hearing for the lot line change of Spectacle Ridge and Asip was closed. IT WAS RESOLVED that: WHEREAS Spectacle Ridge is the owner of the property known and designated as SCTM#1000-84-1-2, located on the south side of Oregon Road in Cutchogue and Asip is the owner of the property known and designated as SCTM91000-84-1-4 located on the west side of Bridge Lane in Cutchogue; and WHEREAS, this lot line change, to be known as Lot Line Change for Spectacle Ridge and Asip, is for a lot line change to subtract 0.5138 of an acre from a 6.2094 acre parcel (Asip SCTM~1000-84-1-4) and to add it to a 20.3489 acre parcel (Spectacle Ridge SCTM#1000-84-1-2); and Page 2 Spectacle Ridge WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, declared itself Lead Agency and issued ~ Negative Declaration on September 14, 1992; and WHEREAS, a final public hearing was closed on said lot line change application at the Town Hall, $outhold, New York on October 19, 1992; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; and- be it therefore RESOLVED, that the Southold Town Planning Board grant conditional final approval on the surveys dated August 26, 1992, and authorize the Chairman to endorse the final surveys subject to fulfillment of the following condition. This condition must be met within six (6) months of the date of this resolution. The filing of a new deed pertaining to the merger of the 0.5138 acres from the 6.2094 acre parcel (SCTM~1000-84-1-A), with the 20.3489 acre parcel (SCTM~1000-84-1-2). A copy of the recorded deed must be presented to the Planning Board prior to endorsement of the final survey. Please contact this office if you have any questions regarding the above. Very truly yours, Cha 5. rman APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OFAPPEALS TOWN OFSOUTHOLD November 23, 1992 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 Mr. Garrett A. Strang, P.O. Box 1412 Southold, NY 11971 RoA, Re: Appl. No. 4132 - Variances for Spectacle Ridge, Inc. Dear Garrett: With reference to the above two-fold application, please find attached a copy of the Board's findings and determination rendered at our November 9, 1992 Regular Meeting. Please be sure to return to the Building Department for issuance of the appropriate permits before commencing construction activities. You will note that the residential use of the barn building was denied in its entirety. For convenience purposes, we have also this date transmitted a copy of the decision to the Building Department for their permanent records. As you may know, a copy is also transmitted to the Suffolk County Department of Planning as required under the Rules of the Suffolk County Administrative Code concerning projects within 500 feet of a sound, bay, inlet, and other waterways, or within 500 feet of a state or county road. Very truly yours, Linda Kowalski Enclosure Copies of Decision to: Southold Town Building Department Suffolk County Department of Planning GARRETT A. STRANG ARCHITECT Main Road, Box 1412 Southold, New York 11971 OCT I 5 1992 GARRETT A. STRANG AR£HIT, E£T Main Rood, Box 1412 Southold, New York 11971 TO~ OF LAND PRESERVATION COMMITTEE Town Sou=hold, NY ~197! Tel. 765-1801 February 18, 1992 Messrs. Jon Wolff $ Milton Point 90 Broad Street-Suite 820 New;:York, NY 10004 Re: Tax Map #1000-80-I-2 Dear Sir~ ** This parcel which was the subject of your application under the Fnmland Proservatidm Program wa': placed on the agenda et our meeting off February ~,, 1992. It seems appropriate to tell you that we have had a subatafltJai Increase In applications since Deceml~r 1991 aM the process of review will,consume several months. Current appreicals indlcote a price per agra of something lasa than SAS00 for development rights in land sKit.aa yOurs. if then factors are of no consequence, we will go forward but I aasum~l you would want to be aware of thom in your financial planning. FA R: Jw Slncorely, Frederick A. Ross. Chairman Southold I.~nd Preservation Committee 8PECTACLE RIDGE, THC. 20 HARKTH (3REENWTCH, CONNECTTOUT 06831 April 20, 1992 Frederick A. Ross, Chairman Southold Town Land Preservation Committee Southold Town Hall P. O. Box 1179 Southold, NY 11971 Re: Land Preservation Program Oregon Road, Cutchogue District 1000.00 Section 084.00 Dear Mr. Ross: The undersigned is the new owner of the Milton Point Vineyard referenced above having purchased the property recently from Jon Wolff and Ernest Theurer. By application received by the Southold Town Clerk on January 13, 1992, the prior owners requested that the proper~.y be considered for purchase under the Southold Land Preservation Program. As the new owner of the property, I would like to replace the prior owners on the consideration list under the Land Preservation Program. Enclosed herewith please find a Land Preservation Program Consideration Request which I have prepared in behalf of Spectacle Ridge, Inc. Please advise me if anything further is needed to place us on the list in place of Wolff and Theurer. Very truly yours, By: SPECTACLE RIDGE, INC. Its President G2S9252140.2res Phone: 765-1801 LAND PRESERVATION PROGRAM I am the owner of property which I hereby submit for consideration by the Town of Southold under the Land Preservation Program. NAME ADDRESS S~ectacle Rid~e~ Inc. 20 Harkim Road Greenwich, CT 06831 PHONE NO. (203) 532-1209 PROPERTY LOCATJON Oregon Road~ Cutcho~ue District 1000.00 Section 084.00 TAX MAP NO. Block 01.00 Lot 002.000 TOTAL ACREAGE 19.0774 It is understood that this submission does not commit the Town of Southold to the purchase (~f my property . By: SP ECTA~I2~NC ' · Mark A. L~eb Its President Please return this completed form to: Frederick A. Ross, Chairman Southold Town Land Prese(vation Committee Southold Town Hall P.O. Box 1179' Southold, NY 11971 BPECTACLE RIDGE, INC. 20 HAP. KLM ROAD GREENWICH,, CONNECTICUT 06831 April 20, 1992 Mr. Arthur H. Kunz Director of Planning County of Suffolk H. Lee Dennison Bldg. - 12th Floor Veterans Memorial Highway Hauppauge, NY 11788 Re: Farm Program Dear Mr. Kunz: The undersigned have recently purchased the Milton Point Vineyard which consists of approximately 19 acres of land on Oregon Road in Cutchogue. The prior owners of the property, Messrs. John Wolff and Ernest Theurer, had applied for placement on the Farm Program waiting list. As the new owner of the property, the undersigned would like to be placed on the waiting list in place of the prior owners. If a formal application is necessary, please advise otherwise please consider this an application for placememt on the Program waiting list. Thank you for your consideration in this regard. By: Very truly yours, SPECTACLE RIDGE, INC. Mark A. Lieb Its President C2S9252140.2kun Spectacle Ridge Inc. 20 Harkim Road Greenwich, Connecticut 06831 September 3, 1992 Mr. Frederick A. Ross Box 727 Cutchogue, New York 11935 Dear Mr. Ross: This letter is to confinn our conversalion that I would like to add the 1.7853 acres to my application to sell ~e development righls on my vineyard property on Oregon Road in Cutchogue. I have enclosed a certified survey oftha nd,~!~onal acres to be purchased as well as, ~e total acres for purchase by the Land P~servation Committee after I subdivide the two acres for the ~ of building my house and barn. As you'can determine thc total acres to be conveyed to the Land Preservation Commiuee would be. 18.7918 acres. Your offer of the appraised value of 9,976 per acre is acceptable. Thank you very much for the consideration you have shown in this matter. Sincerely yours, Mark A. Lieb FORM NO. 3 TOW'N OF SOUTIIOLD BUILDING DEPARTMENT TO~YN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL · .~~..~...~....~./.~.~.~ ....... your. application dated . . .~.~...,a-~,~., .~..., .l.'~ ..... 19 ~ ~ PLEASE TAKE NOTICE that forpe~itto ~~' ~ ~ ~ ~' ~~' at Location of Property .tg.~...~...~. .. ~~ County Tax Map No. 1000 Section .., ~.~.~ ..... Block ... ~.[~ ....... Lot . .~.~ ........ Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and.disapproved on the following grounds ~.~..~L~ .~ ~.~ ~... ........ B u ~--Z"d± ng Inspector RV 1/80 FORM NO. 3 TOI, VN OF SOUTItOLD BUILDING DEPARTMENT TO'*'~q' CLERK'S OFFICE SOUTItOLD, N.Y. NOTICE OF DISAPPROVAL . .t.-'~..~.v.. ! 9.[ .~. ....................... .~~..~ :~......I.,~ .~.~ ......... PLEASE TArE NOTICE that your application dated . l~ .~...&~....~....~. ....... 19~)..~_.. Location of Property I ~ ~ House No. County Tax Map No. 1000 Section ....(~..~..~ ...... Block .... .Q:~:'~ ......Lot ...~...~-:.. ...... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds..{~)~ .~...--~.....~...~t,~ I..o~.-..~t ~ {,.l~ ~,~. ~ ~ ..~. ~,¢.,..~ ~....-?... ~ ~.. ~,.~. 0. ..... Building Inspector RV 1/80 Pres ent: PUBLIC HEARING BOARD OF ZONING APPEALS TOWN OF SOUTHOLD November 9, 1992 (7:30 p.m. ~HON. GERARD P. GOEHRINGER, Chairman SERGE DOYEN, Jr. JAMES DINIZIO, Jr. ROBERT A. VILLA RICHARD C. WILTON Hearing) HARVEY A. ARNOFF, TOWN ATTORNEY LINDA KOWALSKI, Secretary-Clerk to Board Page 17 11/9/92 APPLICATION NO. 4132-B - Application of SPECTACLE RIDGE, INC. to include, as amended, a reques.~ for relief under Article III, Section 100-3iA(i) (and/or Section 100-31C pertaining to accessory uses to pedrmit residential second-floor use for family member of a proposed accessory building, in conjunction with the use of the proposed principal single-family residence. Location of Property: 14990 Oregon Road, Cutchogue, NY; County' Tax Map Parcel No. 1000-084-01-02. This property is located in the "Agricultural-Conservation (A-C)" Zone District, and is presently before the Southold Town Planning Board concerning a change of lot line and Farmland Development Rights on 17+- acres, leaving 2+- acres for one (1) principal dwelling use per two acres of land area. 7:57 p.m. (The Chairman opened the hearing and read the Legal Notice and application for the record.) THE CHAIRMAN: It is a continuation of the last hearing on a technical point that came before us concerning the habitable status of the proposed barn, which is rather an extensive structure on this particular piece of property over in Cutchogue, and, again, the name of the organization is Spectacle Ridge, Incorporated. It is a vineyard and we, therefore, would like to ask Mr. Strang if he would like to continue this hearing. Appearance: Garrett Strang, R.A., for Applicant MR. STRANG: Good evening. Thank you. At the close of the last hearing obviously the Board raised the question with Page 18 - 11/9/92 respect to the use and extent of the use of the second floor of the accessory building, barn as it were; and I had a 1-engthy discussion with my client, and we tried to lay out as best we could what we felt would be the Master Plan, if you will, of all possible uses for that second floor area of the accessory building, bearing in mind that what they are creating is basically a family compound on that site which is 20-plus acre site, of which --as has been denoted on the site plan-- an attempt to carve out or break off or set off if you will, two acres of the development of the primary residence and the accessory building barn. The remainder of the property being sold, development rights to the remainder of the property being sold to the Town of Southold, to remain forever undeveloped and open. It is also, for a point of information, contiguous to another nearby piece that is not owned by these people but that is going to remain or is in the County program of development rights, so it is just kind of adding to the over-all open space aspect of things. But in our discussions of what to do or what would happen with the second floor, their "wish list" as it were or requirements is a better term I think-- would be initially we had discussed guest quarters for sleeping accommodations for guests since the barn is relatively a good-sized building-- actually to house on the first floor on grade level the necessary uses for the farm, the agricultural uses of the vineyard. In addition, we are going to have a four-car garage arrangement, so you have got storage of the vehicles and Page 19 11/9/92 implements .of the vineyard as well as the storage of four cars, a typical four-car garage. So you have a relatively big building. By that nature the roof to cover this building warrants a bulk of space on the secondfloor level which they wanted to try to make use of because they have to build it anyhow. Economically it would make sense to try to utilize that space as opposed to building additional space onto the main house at the cost of construction that that is, which is far in excess of what it would be to develop within the roof confines of the accessory building. Getting to the point here -- what they were looking at was several, I should say two guest rooms as well as the plan calls for so as not to come back before the Board in the future, we wanted to basically lay all the cards on the table. We want to be able to make provision to house a family member, a brother who runs and manages and oversees the operation of the vineyard. They would like to have a small apartment for him as well on the second floor so he could be on-site at all times, and economically. Right now it is necessary for him to rent living accommodations off site also. Helpfully,if he could find accommodations on-site, it makes economic sense. So ultimately I did submit our plan to the Board today earlier hoping you would have an opportunity to take a cursory 10ok at it, which lays out the use of the second floor of the barn. And we are not encompassing --we are not developing the use of the whole second floor over this structure. The first floor area is about 48 feet by 58 feet to Page 20 11/9/92 encompass t.he garage and the farm vehicles. We are using considerably less of that space on the second floor developed for this residential purpose. Essentially we believe that this approach is a sensible one as I mentioned economically. It is a lot less expensive to utilize the space that would exist over the accessory building than it is to build that space onto the main house, and'serves the same purpose. So the cost to do it on the main house, I think, would be considered in a roundabout way a financial burden, if you will. You would have to build that base at $300 a square foot, construction costs primary building. I think, again, that what has to be considered is we have a 20-acre piece here, so it is not as if we're doing this on a two-acre piece in the middle of a subdivision. We are doing it on essentially a 20-acre piece which will remain undeveloped; the remainder of it will remain as agricultural, so we think along those lines that it is not at all detrimental to either the site or overdevelopment of the site, nor is it out of character with the remainder of the area. If we were to go along with the zoning as it was, this particular 20-acre piece could essentially --although there is no plan to do so-- and never would be-- could essentially, if it were owned by someone else, be cut up into a subdivision of probably close to ten single family lots. In this case we are looking at one single family compound, with a primary house and an accessory use over the barn. Again I think, I would like the Board to take into consideration the fact that this is a family compound. It is Page 21 - 11/9/92 not as if it is going to be anything other than family members live in it or quests or entertain guests of the family that may be using the guest quarters on an occasional basis; and also the fact that we are looking at the twenty-acre piece in perpetuity, given the fact that further development rights will be conveyed to the Town, so it will remain in an open and agricultural-type of state. THE CHAIRMAN: During your discussion in the last hearing, did you say that they had, that the applicants had anticipated buying another piece from this 20-acre parcel back to County Road 48? MR. STRANG: Well, I didn't want to mislead the Board. This was a discussion that my client and I had at some point in time that if it ev er came to pass --anything that is in contract (phrase inaudible) negotiator's point. I think that was said in response to your concern about there being some sort of a winery development on this site. THE CHAIRMAN: Right. MR. STRANG (continuing) And that is something that they strongly feel --and I will reiterate at this point in time-- will not happen. They have no intention in any way, shape or form to develop a winery on that piece or in that structure. THE CHAIRMAN: Okay. I don't have any specific questions tonight. We are kind of legislated by our own Code in this particular area, and to what degree we can bend that -- Page 22 - 11/9/92 which is fairly rigid. I mean it is not a malleable area that we can'deal with, but we do appreciate you --and I just say this again: And I will say it, Mr. Strang, we do appreciate the candor by which you come before this Board and the information that is always freely given to us because it is that, it is very important, and we do appreciate that. MR. STRANG: I think the only way it can really work is if everybody is fully aware of what is going on, a reasonable decision can be made so that we don't have to come back and ask you for a little bit today and a little bit next month and a little bit next year. This is where we are. This is what we would like to do, and are trying to be "up front" about it. THE CHAIRMAN: And I use the phrase, "We will kick it around," we will do the best we can. MEMBER VILLA: May I have a question, Jerry? THE CHAIRMAN: Surely. MEMBER VILLA: You are going to put the house on the property. Is that going to be on a separate lot; are they setting off a lot, or is it going to be on the entire piece with just the farm rights sold off as like an overlay? MR. STRANG: Well, at the moment I believe that they have been advised --and I am not party to this, so I can only say from what I know-- What I have been told is that they were advised it would be in their best interest to break off the two-acre piece and then convey the development rights to the Page 23 - 11/9/92 remaining 1.8 acres to the Town, 18 some odd acres. It is less than 19; it is 18 and a piece. MEMBER VILLA: When I sat on a farmland committee, we always had this question, and our concern at that time was that if you set off a separate lot, that it could always be sold separately, leaving the farm with development rights sold void of any residential plot, and it was always our feeling that we would rather see the development rights sold off just as an overlay and 2 acres left aside or whatever is left aside, still of the same parcel so that it is always intact. Now with my question, because you are saying that this is going to be two residential structures on 20 acres and if you did it as an overlay, that could be; if you do it as a setoff, then it is not so-- MR. STRANG: Well, I agree with what you are saying, it comes out as a matter of semantics-- in that on paper there is a single and separate lot that is created, and they were advised to dothis. I was not a party to that advisement, and I am not sure exactly what the history of that advisement may have been; but I think, given the fact that the --if they were going to set off a piece of agricultural property two acres and develop it residential, leave the rest of the property agricultural but not transfer the rights to anyone, Town or County, there is always the possibility that that remaining' property could be further subdivided. MEMBER VILLA: Oh, .I know that. Page 24 - 11/9/92 MR. STRANG (continuing): In this case the fact that the development rights are being transferred to the, being sold to the Town of Southold, there is no way that further development can occur on that lot. So in essence what you really do have, even though there is a line drawn that says there is two acres that has been set off for residential use, you still are not going to develop the total twenty-plus acres more than what we-- MEMBER VILLA: (Interposing) I realize that. I just, if you get a separate deed, you are actually ending up with two pieces of property. MR. STRANG: That is true. MEMBER VILLA: never liked. THE CHAIRMAN: And that is what the Farmland Program In the same token, if you did an then the farm could not be overlay, if it was legally possible, sold separately from the house. MEMBER VILLA: That's right, in the Farmland program-- THE CHAIRMAN: In reality, the other way, of course, if someone wanted to do it, they could in effect sell the house and the barn separately from the farm. MR. STRANG: Yes, this is true if it is broken out of zone. Otherwise, it would have to be sold as one entity, as opposed to the vineyard being sold as one entity and the house --if, in this particular scenario, the possibility, I guess, is if the owners ever decided they wanted to sell the vineyard, Page 25 - 11/9/92 they could do so and still maintain their residence they have, if it Were broken out. Again, I am not sure of what the history of that advisement to break it up was. It stemmed from their discussions and negotiations with the Farmland Preservation Committee or whatever their title is here in the Town, as to how to proceed; and from what I understand, that was the procedure, to break that piece out because apparently in --unlike Suffolk County's preservation program-- Southold Town does not allow for any development at all on any property,.the development rights of which have been transferred, because the County allows you to do one. THE CLERK: that would be-- MR. STRANG: You can have one house --on 18 acres-- so You can't do anything. It has to remain-- THE CHAIRMAN: That is not true-- UNIDENTIFIED VOICE: (Interposing) Or you can put up any type (indistinguishable word), you can't put up a residence. THE CHAIRMAN: You can't put up a residence in the County either. Only an agricultural building. MEMBER VILLA: MR. STRANG: I residence and whatever-- THE CLERK: MR. STRANG: Right. thought the County allowed you one Neither the Town nor the County did. Then that may be a confusion on my part. THE CHAIRMAN: I just wanted to mention that we are --when I refer to the phrase that we are in a steadfast fashion Page 26 11/9/92 here-- that is, of course, in reality this is not really a two-family house, okay, and that is the area that leads me to the jurisdiction of 120,000 square feet, 180,000, 60,000, pardon me. In this particular situation, we are really dealing with two habitable structures which is basically the same thing; and I know this has been mentioned to you before, and this is the problem we have that we will be kicking around, so excuse me when I use that common jargon-- but I don't see much hope in it, to be honest with you, okay, and I don't know what to suggest to these people, other'than the fact that more than likely --I just don't understand why they just can't cull out 160,000 square feet and dedicate, you know, 16 acres instead of 18 acres, and then they have got it made. They can plant it in grapes that they just have to pay taxes on it in a different fashion. I think they'd have it then. MR. STRANG: I think the idea or the reason they sort of changed in a backwards sense in that my involvement in this project came after they began their negotiations, or the previous owner actually to the property began his negotiations with the Town to transfer rights and basically what has happened here, I think it has been set up in such a fashion that there was going to be two acres that'was going to be used for the residential use and the agricultural accessory building or barn, whatever we are going to call it, and that there is negotiations with respect to 18 acres transferred or going to be transferred to the Town. So now it is a matter of changing the program in Page 27 - 11/9/92 extreme to reduce it down to 16 acres. Then again the intent of the owner was obviously to convey as many acres as possible or practical to the Town through the program. Again, my only reiteration here is the fact that it is not as if we are dealing with two single family structures or a two'family dwelling or more than one family. We have a single family compound. They are all family members. They are all related. By that, I mean a brother who is going to occupy the apartment over the barn is a relative to the owner, so it is still in the family. It is still single family occupancy of the compound if you will, as opposed to separate families. THE CHAIRMAN: That is absolutely true, except that it is creating another living unit, and that is where the problem is. If you were referring to sleeping quarters over the barn, there is not a particular problem with that in the respect that we never grant it, but it is more palatable. We know that for religious purposes, two kitchens are sometimes required. However, they are not used --and I am talking from a Hebrew point of view--. However, they are never used concurrently, and that is the problem. We also know that we have a phenomenal amount of farm structures and dwellings in this area that have summer kitchens and winter kitchens. Again, they are not used concurrentlY. The summer kitchen was used in the summertime, and the winter kitchen was used when the house was heated. So that is the problem that we have, and I have no idea whether it will cause or will not cause a precedent, so -- Page 28 11/9/92 MR. STRANG: I guess my only position with respect to precedent, I am trying to see it from your side as well as mine, and get the best of both worlds to speak, is the fact that we are looking at the development of a 20-acre piece as opposed to a two-acre piece in essence because of the development rights being transferred and the fact that there is going to be no potential for any further development on this property. So whether we are looking -- again, it could be as you suggest or mention the fact that we could cull out 4 acres instead of two and essentially have the same result, and all we have done is draw a bigger line. The end result being two less acres being transferred to the Town; but we still have the same end result, THE CHAIRMAN: You see, if the person had already sold the development rights to the Town of Southold, then you would come to us and say, "Well, we have a hardship. This is what we wanted to do. We didn't anticipate it." It hasn't been done yet, and that is the reason why I find it somewhat difficult to deal with. Not difficult to deal with in the respect of dealing with it, but difficult in making a recommendation to this Board for that particular situation. And, again-- MR. STRANG: I understand what you are saying. And, again, I guess it is a situation where I am trying to put everything in the proper perspective and procedures as opposed to coming to the Board after the fact knowing full well this is Page 29 11/9/92 what we wanted to do, to transfer it and come to the Board after the fact and say, folks, we have a hardship. THE CHAIRMAN: You may choose to do that. If we deny this portion of it, you may choose to come back after the thing has been dedicated to the Town. When I say the thing, I am referring to the property. So you now have a hardship. It is self-imposed, but we now have a hardship. Okay. MR. STRANG: We try to avoid that set of circumstances. This is the scenario and how we proposed to resolve it tonight. 'And, again, the fact being that it is a single family use even though it is two occupancies, if you will, on one piece; but it is not ultimately on a two-acre piece but on a 20-acre piece since there can be no further subdivision or development. We made our presentation. If there is any questions from the Board, I'd be happy to answer them, and we ask that the Board give it as much consideration as they can. THE CHAIRMAN: Thank you. MR. STR3~NG: Thank you. THE CHAIRMAN: Is there anybody else who would like to speak in favor? Anybody who would like to speak against? Seeing no hands, I make a motion closing the hearing and reserving decision until later. Thank you. Page 30 - 11/9/92 APPLICATION NO. 4t22-B. RE-HEARING FOR APPLICATION OF ROBERT H. and t00-239.4B Application overhang, all along Great Pec Peconic Bay Boul~ 1000-126-11-20. 8:18 p.m. (The B. DEXTER under- Article XXIII, Section. or a rehearing, or in the alternative, new a deck extension, as modified, plus second-story o be located within 75 feet of the lower bulkhead Bay. Location of Property: 8380 Great ~rd, Laurel, NY; County Tax Map Parcel No. Legal Notice and appl] THE CHAIRMAN: last meeting. I am sorry, had the application at the ] survey, sketch of the survey deck which at this time is 55 man reopened the hearing and read the for the record.) last hearing is a hearing from the decision from the last meeting. We t hearing. I have a copy of the icating the modification on this at its closest point; and I have a copy of the Suffolk County Map indicating this and surrounding properties in the area. ~ Dexter and Mrs. Dexter, we would like to welcome you again. Is~ere something you would like to add to this application? ~ Appearance: Mr. Robert Dex.ter, ~ Applicant Pro~ MR. DEXTER: Good evening. We tried to~ddress each of the questions that the Board raised and the reas~ for the rejection and offer mitigating circumstances. As you~n see, we modified the deck. We shifted the bulk of the deck t~he west so that it would be further back from.the bulkhead. We APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, .Ir. 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 APPEALS BOARD MEMBERS Serge Do~en, Jr. James Dinizio, Jr. Robert A. Villa Ri chard C. 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 october 27, 1992 Mr. Garrett A. Strang, R.A. P.O. Box 1412 Southold, NY 11971-1412 Re: Spectacle Ridge (Lieb) - Amended Variance Dear Garrett: With reference to the above application which has been advertised for Monday, November 9, 1992, please furnish us with the actual square footage proposed for the second-floor residential use and an idea as to the number of rooms, approximate size, and identity of each room. Thank you. very truly yours, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. R.R0bert A. Villa, 1 cnaro c. W1 1 ton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SENNA UNLISTED ACTION DECLARATION Appeal No. 4132-B Project Name: Spectacle Ridge Inc. County Tax Map No. 1000- 84-]-2 Location of Project: ]4990 Ore§on Rd., Cutch0gue, NY 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 October 26, 1992 Relief Requested/Jurisdiction Before This Board in this Project: Permit second-floor residential use in an accessory building This Notice is issued pursuant to Part 617 of the implementing 'regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should the project be implemented as planned, and: { } this Board wishes to assume Lead Agency status and urges coordinated written con~nents by your agency to be submitted with the next 20 days. {~ this Board has taken jurisdiction as Lead Agency, has deemed this Board of Appeals application to be an Unlisted SEQRA Action, and has declared a Negative Declaration for the following reasons: a. An Environmental Assessment has been submitted and evaluated, and/or b. An inspection of the property has been made, or c. Sufficient information has been furnished in the record to evaluate any possible adverse affect of this project as filed, and/or d. This application does not directly relate to new construction or on-site improvements. { } this Board refers lead agency status to your agency since the Board of Appeals does not feel its scope of jurisdiction is as broad as the Planning Board concerning site changes and elements under the site plan reviews. The area of jurisdiction by the Board of Appeals is not directly related to site improvements or new buildings. (However, if you do not wish to assume lead agency status within 15 days of this letter, we will assume you have waived same, and we will be required to proceed as Lead Agency.) For further information, please contact the Office of the Board Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. mc of E 6~7.~1 ~. SEQR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by ADl~licant or Proiect sponsor) Garrett A. Stran, Architect Mumcl_________.a.~ Southold co..~ Suffolk Suffolk County Tax Map # 1000-84-01-02 14990 Oregon Road, Cutchogue, N~w York South Side of Oregon Road ApproXimately 720 feet West of Bridge Lane C6nstructiQn of Accessory Building to include residential use on second floor AMOUNT OF lAND AFFECTED: ~ WIL1 PROPOSED ACTION CQM~G ZONING OR OTHER EXISTING LAND USS RES~ [--1 Yes Iii No I! NO. describe brielJy Variance required for residential use of second floor area of ac~ssory structure WHAT IS PRESENT LANO USE IN VICINITY OF PROJECT? ' ' 10. DOES ACTION INVOLVE A PERMIT APPROVA1 OR FUNDING, NOW ~-ULTIMATEL¥ FROM ANy OTHER~O VERNMENTAL AGENCY (FEDERAL.~TATE OR LOC, ALt? ~Ye~ [] NO I1 yes, list agency(s) eno permiuapproval$ Southold Town ZBA & Building Department Suffolk County Department of Health Services II. DOES ,%Ny ASPECT OF THE ACTION HAVE A CURFIEN;~.Y VALID PERMIT OR APPROVAL? Suffolk County Department of Health Services - Septic and well 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION? I"lye, '~ '------------ APJ;iicanusponsor name: · Garrett A. Strang ~ Architect , 0a,e: O.ctober 20~92 OVER 1 (Car t ~-r'.'~ c~ ...... I£ ail questions have been a/lswered No it is likely thaC the iS nec $~qni££ca. nc. . Environmental Assessment, Lo Will project result in a large physical chanqe than L0 acres n£ land~ __Yes--X HO 2o Will there be a major change =o any unique or X ~usuai la~ ~or~ on bhe sL=8~ ~es 3. Will pro,et= alter or have a ~arge effec= on X 4. Will p=ojec= have a poCentia~ly large, impa== o~ groun~wa=e= quali=y~ Yes ~NO 5. Will projec= significan=ly ~ff~c= drainage flo~ on adjacen= si=~s~ · Y~s X~O 7. Will projec= ~esult in a'majo= adverse effec= on X air quality? ~es ~o 8. Will proj~c= have a major effect on visual char- ~n to be lmporc~ to the co~uni=y? ~es X NO Will pro,ecU have a m~o= effect on exi=tinq or W~11 projuc= roqular~ cause objectionable odor~, 13. W~I~ p=o~ec= have a~ impac= on public health o= sa~ec~ ~es--X ~o Cion nE more chart 5 percent over a one-year ~cs X No chacacC~of the co.unity or neiqhbo~hood~ pro]ec~? ~~ ~epa~ec's S~qnacure~/~ 7 ~eurese.=~nq=.. [pectacle Ridge Inc. ---.October 20, 1992 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.) B. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? { } Yes {x~ No. (If Yes, P/aas~a~~F~f "cond/~,s" of sale.) Are there an~D~uposals tD change u~ alter land contours? } Yes {x} No 1. Are there any areas which contain wetland grasses? NO 2. Are the wetland areas shown on the map submitted with this application? N/A 3. Is the property bulkheaded between the wetlands area and the upland building area? N/A 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? N/A E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? N/A (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fenuas ~which -~tand are not shown on the survey map that you submitting? None If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? NO If yes, please submit a copy of your building 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? NO If yes, please explain where or submit copies of deeds. I. Please list present use, or operations conducted at this parcel Vineyard and proposed use Vineyard w/ Sinq!e Family Residence and Agcessory structure with residential use on second floor " A horized Signature and Date 3/87, 10/901k § 97-13 WETLANDS § 97-13 TOWN -- The Town of Southold. TRUSTEES -- The Board of Trustees of the Town of Southold. [Added 6-5-84 by L.L. lqo. 6-1984] ~VETLA.N~S [Amended 8-26-76 by L.L No. 2-1976; 3-26- 85 by LT- No. 6-1985]: ~'~'k''~' ' (1) All land~ generally covered or intermittently coy- 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, fiats or other low lying lands subject to tidal action; (2) All 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, grpun~el, max.~hm~llow and low All land immediately adjacent to a 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: (1) "Freshwater wetlands" as defined in Article 24, Ti- tie 1, § 24-0107, Subdivisions l(a) to l(d) inclusive. of the Environmental Conservation Law of the State of New York; and (2) All land immediately adjacent to a "freshwater wet- land." as defihed 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.25.s~ JAH Og ~92 18:DTPM V~-TECH, IHC.L.I.b~ P.2~2 II LAND PRESERVATION PROGRAM Phone: 755-1801 I am the owner' or' property wi, ich I am wi,ling to .have consider, for purchase by the Town of Southold under the -and Preserver Program, " PHONE NO. PROPERTY LOCATION TAX MAP NO. TOTAL ACREAGE It Is understood that this submission does not commit the .Town of Southold to the purchase of my .pr~~ Please return this completed form to: Frederick A. Ross, Chal~'man Southold Town Land Preservation Committee Southold Town Hall P.O. Box 1179 Southold, NY 11971 Present: PUBLIC HEARING BOARD OF ZONING APPEALS TOWN OF SOUTHOLD October 15, 1992 (7:30 p.m. Hearing) HON. GERARD P. GOEHRINGER, Chairman SERGE DOYEN, Jr. JAMES DINIZIO, Jr. ROBERT A. VILLA RICHARD C. WILTON HARVEY A. ARNOFF, TOWN ATTORNEY LINDA KOWALSKI, Secretary-Clerk to Board Page 17 10/15/92 APPLICATION NO. 4132 - SPECTACLE RIDGE, INC. Variance to the Zoning Ordinance, Article III, Section 100-33 for permission to locate accessory barn, accessory swimming pool and cabana structure in areas other than the required rear yard, and under Section 100-33A for permission to extend height of barn above 18 feet. Location of Property: 14990 Oregon Road, Cutchogue, NY; County Tax Map Parcel No. 1000-084-01-02. This property is located in the "Agricultural-Conservation (A-C)" Zone District. 7:58 p.m. (The Chairman opened the hearing and read the Legal Notice and apoplication for the record.) THE CHAIRMAN: We have a copy of the original survey, when I say original, I mean encompassing the entire parcel, from Smith and Young or Smith and Jung as it is pronounced, dated August 26, 1992, and it shows a 58-foot lot line change; and we also have some sketches of the barn and a copy of the site plan, which I will give you in one second. The site plan was produced by Garrett Strang, Architect, and it is dated 9/11/92, and indicates the approximate placement of the barn and the swimming pool and the house and the ornamental plantings in between the house, which is the nature of the site plan, but not necessarily the nature of this application. Mr. Strang, would you like to be heard? Appearance: MR. STRANG: application makes 'several points that I would just Garrett Strang, Architect for Applicant. Yes, thank you. Good evening. The like to Page 18 - 10/15/92 reiterate in person here to the Board. The height of the barn at this development site for instance with respect to the house and barn is such that the owner is looking to have his home basically nestled in the (word indistinguishable) and it is a working vineyard. The vineyard is established; it is growing, there is additional grape vines slanted presently. In fact, they just finished or are in the process of finishing harvesting this week, and the process of a working vineyard does generate a certain amount of noise and activity. Their reason for the barn being placed where we show it and are asking the Board to entertain this location, has two purposes: One, essentially to keep all the activity relative to the vineyard use between essentially the road and the house, and the rear yard maintains its own that particular puspose. so that the house becomes integrity and privacy for The second, which is his secondary, is not as critical but is a consideration-- is the barn, the size of the barn is much dictated by its use. Number one, it is intended to be used primarily to house the agricultural machinery, tractors, sprayers, things that are relatively large and cumbersome and need to be housed indoors throughout the course of the year, especially in the winter months; and on the residential side of the barn, I will say the side that faces south closest to the house, they are going to use that for garage purposes basically, to house their own personal vehicles when they are at the house. So the barn, because of the dual purpose, will be Page 19 10/15/92 quite large. It will then act as --which is the secondary purpose here-- act as somewhat of a wind buffer or barrier in the winter months from the northwest winds that come off the Sound at great velocities, so it is a secondary consideration here. The orientation again of the house is placed and the barn in the development is placed in a section of this vineyard that they found to be non-productive because of the lay of the land. It has a little bit of a hollow in it. It holds water a little bit more than it should, so it is not good for the grapes to grow properly, so they have elected to use this particular spot and take the grapes that are there out since it is not producing anyway, and use it for the development purposes of the house and barn. The orientation of the house is such that it will take full advantage of the south and southwesterly breezes in the summer months as well as the south exposure in the winter months with passive solar gain and, in addition, it also will overlook the majority of the vineyard and the stand of trees that are off to the southwest, which is sort of a nice backdrop in general. Going further with this application, with respect to the pool and cabana, it is really located in the only practical location with the siting of the house, to allow it to be totally visible from the living areas of the house at all times. The rear yard requirements and the like as far as setbacks of the pool, we have maintained that; but because we have kept the house as far back as we have, it lends itself to being by definition in the side yard as opposed to the rear yard. Again, Page 20 - 10/15/92 it is in the middle of a nineteen-acre piece --it is not even in the middle-- it is in a section the 19-acre piece that is totally surrounded by the remainder of the property which is planted in grapes and will continue to be as such. For the record, or so that the Board is aware of it, my site plan does sort of superimpose a two-acre setoff, which is the intention of my client to do because of the fact that he is going to be, is in the process of, and I understand will be completed shortly, transferring the development rights or selling I should say the development rights to the Town of Southold for the remaining acreage other than this two acres that is set off for his residential purposes. So the Town of Southold will be picking up the development acres on that development. THE CHAIRMAN: Is the corporation the title owner of the property? MR. STRANG: Yes. THE CHAIRMAN: Garrett, is there any time that this barn would be used for a vineyard and would be required to have a special exception from this Board for the operating of a winery? MR. STRANG: No. We discussed this at length. Their intention is with respect to if they ever do a winery. Right now they have 19 acres, but ultimately I think they will have 22 acres of grape planted. They are selling the grape off in bulk to other wineries. If at some point in time they pursue additional land, which they have been looking into between this Page 21 - 10/15/92 parcel and County road 48, land to the south, if that works out, they would purchase that and will extend the vineyard in to that land and develop a winery on County road 48, not on this piece. THE CHAIRMAN: Okay. The reason why I asked that question is because, as you know, we have granted maybe six or eight special exceptions for wineries, and this is the first one that is in a purely agricultural district, not necessarily either on Route 25 or on County Road 48, so it is something new for us, if that was anticipated. MR. STRANG: This is not anticipated in any way. We have discussed the use as a winery; the barn isn't big enough to function as a winery. THE CHAIRMAN: What is the approximate height of the barn? To the ridge area, if you can give us that. MR. STRANG: I dropped off earlier today and hope I have the sketch -- a conceptual elevation view which dictates the height of the barn. Again the barn is of substance and size. It is approximately 50 by 56 itself, dictates the height we find. THE CHAIRMAN: The height, Building Department, feet? feet so that, in and of There is a second floor. as it is calculated by the would be what, half of the nine, about 24 MR. Department, as I understand it, is midway between or an average between the ridge and the eave. With this type of gambrel roof design, I am not sure what they would consider the eave. If STRANG: The height, as calculated by the Building Page 22 - 10/15/92 they consider it a 10-foot elevation, let's say the bottom of the eave we are talking about splitting the 19-foot difference, so we are talking about 10 and 8 or 18 and a half let's say; 18, 18 and a half would be the median building height. THE CHAIRMAN: What is the purpose of the second story of the barn? MR. STRANG: The second story of the barn is to serve several purposes. One, again, the barn being the size that it is, and that again is dictated by its use, agricultural use as well as garage of the house's cars --has a considerable amount of extra square footage of on the second floor. advantage of that space, that they want to try to take advantage It is there. They want to try to take so our discussions have been that that second floor area will house guest quarters for guests, as opposed to making the main house bigger. They already have the barn and they have the space, and they decided that they would rather have guests quarters in the second floor of the barn as opposed to in the main house. That way they could keep the main house a little smaller in size. THE CHAIRMAN: How about we do this-- how about if this Board is so interested in this application and does consider granting it, that we grant it with a provision that this applicant come back with a variance on this basis because this is something that we don't normally get into. What they are in effect asking for is a two-family house, okay, on two acres; and as you know, our Code requires 4 acres as a special Page 23 - 10/15/92 exception. I don't really want to cloud this issue of the second story of this barn nor do I want to hold up their project at this point, and it is just something that we --as you know-- don't normally grant. Actually, it is out of our purview because they really need 4 acres to do that and it would be attached. MR. STRANG: Even though, in fact, the guest quarters would be considered a second residence inasmuch as it is sleeping accommodations as opposed to being in the main house in the area up over the barn. THE CHAIRMAN: I have only seen one of these, I'll be honest with you -- in the tenure I have been on this Board and that is twelve years-- and that was an e~isting barn on Nassau Point on Vanston Road which was --That thing had about 12 bedrooms upstairs, but it was basically the maids' and butlers' quarters to the main estate; and that was culled out of a bigger parcel. And that was the only thing that I ever remember entertaining and we did not entertain anything concerning the dwelling itself, which the barn became the dwelling when it became culled out of an existing lot. I just don't want to hold up this application to cause you or your client or anybody else a problem based upon an interpretation that you know stands with this Board. We can deal with that interpretation sometime in the future; so in dealing with this, I am going to suggest that we state that the barn at this time is going to be used for storage purposes, and any change in that will require an Page 24 - 10/15/92 additional application to this Board. If that is to everybody's wellbeing here because we could be tied up in interpretation for four months on this thing. THE CLERK: There was nothing mentioned about it in the application either. THE CHAIRMAN: I appreciate your frankness concerning this, and to be honest with you, Garrett, you have always been really straight with us and we appreciate that, and it is the way to be all the way down the line because it never causes any problems later. MR. STRANG: It is the reason we are pursuing it this way, to make sure that everybody and it stands to reason, and I am showing a 2-acre setoff even though it doesn't exist, and may not for another year or two -- it is the intention to have that two-acre piece. THE CHAIRMAN: The reason why I am saying it really would require four acres just off the top of my head at this point -- even though there may be only one kitchen or a kitchen and a butler's pantry, in the main house -- Sleeping quarters do denote another dwelling area in my opinion, but when we get to a true interpretation there may be something that we will have to yield on this. And there may be a requirement change in the Code, to be honest with you. I have no idea at this point, but I think that is the way we are going to have to deal with it at this point rather than cloud the issue. All right, I thank you. Let's see if there are any questions from anybody else. Page 25 10/15/92 Gentlemen, questions (addressing Board)? Anybody have any objections to this barn being in that area? UNIDENTIFIED BOARD MEMBER: I just want it distinctthat there can be no retail sales on this barn. MR. STRANG: That is not a problem. SAME UNIDENTIFIED BOARD MEMBER: I know what you said, Garrett, but I think it should be spelled out --You and I and the owners might not be around to interpret this thing. MR. STRANG: I understand. To the best of my understanding with the owner, that is never their intention. Since they are residents and they have no intention of going that way. THE CHAIRMAN: Right. Is there anybody else who would like to speak in favor of this application? (There was no response.) · THE CHAIRMAN: Anybody who would like to speak against the application? Hearing no further comment, I make a motion closing the hearing and reserving decision until later. Thank you very much for coming in. MR. STRANG: Thank you. GARRETT A. STRANG ARCHITECT " t4ain Road, Box 1412 ~outhold~ New York ~)97~ GARRETT A. STRANG _ - .,z- ARCHITECT Main Road, Box 1412 Southold, New York t1971 OCT I § 'gg2 GARRETT A. STRANG ARCHITECT Main Road, Box 1412 Southold, New York 11971 OCT I 5 199;~ PLANNING BOARD MEMBERS Bennett Orlowski. Jr., Chairman George Ritchie Latham. Jr. Richard G, Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 September 15, 1992 Mark A. Lieb Spectrum Asset Management, 4 High Ridge Park Stamford, CT 06905 Inc. RE: Proposed Lot Line Change for Spectacle Ridge, Inc. SCTM~1000-73-1-3.1 1000-84-1-2 Dear Mr. Lieb: The following resolutions were adopted by the Southold Town Planning Board at a meeting held on Monday, September 14, 1992. BE IT RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, do an uncoordinated review on this unlisted action. The Planning Board establishes itself as Lead Agency, and as lead agency makes a determination of non-significance and grants a Negative Declaration. BE IT RESOLVED that the Southold Town Planning Board set Monday, October 19, 1992 at 7:30 P.M. for a final public hearing on the maps dated August 26, 1992. Enclosed please find a copy of the Negative Declaration for your records. Very truly yours, Chairman Encl. PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham..Ir. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone I516~ 765~1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination of Non-Significance September 15, 1992 SCO'UF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold~ New York 11971 Fax (516) 765-1823 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 ~State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Proposed Lot Line Change for Spectacle Ridge, Inc. SCTM~: 1000-73-1-3.1 1000-84-1-2 Location: Bridge Lane and Oregon Road Cutchogue SEQR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: The proposed lot iine change is to subtract 1.2715 of an acre from a 15.245 acre parcel and add it to a 19 acre parcel to expand an existing vineyard. Page 2 Spectacle Ridge, Inc. SEQR Negative Declaration Con't. Reasons Supporting This Determination: This proposed lot-line change is to subtract 1.2715 of an acre from a 15.245 acre parcel and add it to a 19 acre parcel. Both parcels are in the agricultural conservation (A-C) district and the 1.2715 acre parcel transferred will be used to expand an existing vineyard, thus the project is consistent with zoning. An Environmental Assessment has been submitted and reviewed. It was determined that no significant effects to the environment were likely to occur should the project be implemented as planned. For Further Information: Contact Person: Robert G. Kassner Address: Planning Board Telephone Number: (516) 765-1938 cc: Judith Terry, Town Clerk Building Department Applicant October 2, 1992 SCTM 91~0-84-01-~2 Spectacle Ridge, Inc. 2~ Harkim Road Greenwich, CT ~6381 TO WHOM IT MAY CONCERN: This is to confirm that the undersigned are the sole officers of the Corporation known as SPECTACLE RIDGE, INC. There are no other interested parties in this Corporation. ~ATHY ~.IEB,/Pk~sident (5~% Interest) MARK LIEB~, Vice President, Treasurer (5~% Interest) ' Dnt~ PMt;es Premises Froperty lio Itr. Pl~£.e£Nl'ffllON IS MADE '[HAT Tills r'O~M OI [~OMPLI'.:; WITII ~[Cl'lOll .r'-702 OF 'iIIE COUSULT YOUR I-AYf¥£R II[FORE NOTE: FIILE Al'fl) CASUALTY LO$S'E~t · - !::~ This ,:omr.~et Form does .or l,rovld~ tor~ what bul~pe.s In the event 'o! lite,or cae Uuless diffcre~t provision is made in~ this' co,trocl, Se¢tinu $1311 of thd'rGenernl'ObU[;atl~na J o! ihut law makes n I'UItCIIASKIt responsible for llr~ and casualty:loss upon laklnn I'P. EMISES, ' COI~ITRACT OF SALE marie ss ol the III.,;TWEEN ~ERNEST E. ,THEURER, residing 'at 395 600 #2BB, New York, New York 10280, and JONATHAN P, ~ 24 Brown Avenue, Rye, New York~ wl,o ogrees to nell, a.d SPECTACLE RIDGE, INC. , Ad4re.: One Pickwick Plaza, Greenwich, Connectic~tt'~,~06830 who agrees to buy: -- ~: ';~ The property, Including all bul d n s and iml royemento therebn (the :'PREMISES.~) g - · · "~ '" ar,ale poge ,mior~ed "Schedule A," nnd also known no: Streel,Add[a~s= .. NOel Oreggn~ P,o~d Cutchogue, New York Tax Map Designation: "' DISTRICT 1000 SECTION ~ LOCK LOT. -~84.06 0i.00 092=.000 ' ,., 'J'oEelher with SELLEI['S i.terest, ii any, ia aLl'eats and unpaid awards as ,et lorth in Paragraph 9. .,.. ,. Excluded from this sale are: ,., ~, Furnhure and household furnishings, I'I{EMISE5, u.les.s specifically excluded beluw. SI':Lt,EIt states that ~ey are paid lot clear o! any lien other than the EXISTING MO, IITGAGE(S). are not I~lted to plumbing, heart.g, Iigbllng and cooking fixtures, baler's mantels, d~r miters, venetian bllnd~ shade~, sc,.eens, awnings, storm d~rs, mail boxes, weather'vanes, Oa[polel~ pompf, shrubberf, ,%dsshwasl.:rs, machine, clothes ~yers, garbage dis~l ,unll~ ranges, 1..(a) The purch.se price is ,nyable an' follows: . ~ ' : ~ ' Check recei.v, ed by Sel'i'ers from' Buyer on 3/5/92 $:,..3,900.00 On the signi.$ of tl,,s contract, by,cbe,:k subject to collation: ( to. ,be,. he ld ,in S ;~,~ 6. 100.00~ ., . escrdw,~by Scl lers' ~,~toxney until time, of closing) .. ' · -' c a nmo.tst u,paiIo,EXISTINGMOIITGAGE(5): Ily n Purchase Mo.ey Note n.d Morlgng. fro., I'UItCIIASEE or nss~s) Io SKLLEH. $ ~ . , , ~ :' ' : ~ ItALANCE AT CLOSING: mortgages that ii will rems n su ~jtwt lo tile prn)r be. of .n EXISI I IN(. MOR~ GAGe even cxtcmk~l fir modified i. goal fsitb. Tb~ P.rrh.~ Money Note ami Mortgage .lmll bc drawn on ~ bF Ibc iltorlJ~y ~or SEIJ,I~It. PURCIIASER shall pay Ibc mortgage remrdln~ l.~ re, rills8 f~ and the lite aflloulll o[ ~ fur ils preparalio~ , ;, (el l[ any required payments are made on an ~IST[NC MORTGAGE between CLOSING wMc~ re. duce tho unpaid p[incipal amount of an EXISTJNG MOR'FGAGE below tho mnount la paragraph 2, ~a alto balance o~ the price payable at CLOSING will be adjusted, SELLER ngre~ that ~own in Para.apb,2 reasonably correct and that only payments req~red by the EXISTING wJllb made. ~ (d) If there la a mortgagee e~row account that Js maintained for paying ~x~ or SELLER shall assign it to PURCIIASER, if It can be ssslsn~d. In PURCHASER ~11 pay th0:,amUt · o e~row account lo SELLER at CLOSING. ,, .? . ,;~ .:~: Uen of "EXISTING MORTGAGE(S)" n and interest at the rate of :,: :~.~ iff Installments of $ '~' .~; .... ' = ~ S'-iwhich 2. Tho PREMISES will be conveyed subject to Mortgage now in the unpaid principal amount of $ per cent ppr year, presently payable include principal, inleresl, and will; any balance of principal being payable on hereby states that no EX[STING MORTGAGE contains any provision that permits the bolder of tho tgott- Acceptable funds "Subject to'* provlsiona Title comps, ny approval Closin~ defined and form of deed 3. All money payable under tills ~ntract unless otherwise speci~ed, shall be either: a. Cash, but not over one thousand ($1,000,00) Dollars. ! , !; b. Good certi§~ check of PURCHASEI(, or ofl~elal check o! any bank, ~avlngs bank~ trust company, or rovings and loan association }saving a banking office in tile Stale of New York. payable to tile order of SELLER, or to ~ho order Gl ])URCIIASEIt and duly endorsed by PUIICIfASER (if an individual) to Ihs order of SELLER in tho pro#~0lr of SELLER or SELLER'S attorney. ', e. Money olher Ihan the purchase price, payable to SELLER at CLOSING, may be, by check of PURCIIA~ER up Ia the amount al FTV~, HUNDRED and 00/100-~, ........ (0 5001i~O0 ..... -}.~della~'~or,, ~ d. As otherwise agreed to in writing, by SELLER, or SELl.ERS. altorney. ,:=I~ ,.~ : '?i '~.,.., 4. Tile PIIEMISES are ti) be IranJerred subject to: a. Laws and gover.me.lal regulfllio.s thai affect tile u.;e a.d maintenance of Ihe PREMISES, provbled that Illey are not violated by thc l.tihlings and improvements creeled on the I'REMISES. b. Consents for die etecllon o[ any struclure~ on, u.d~r or above any ats~els on which the PREMIS~ lbUl. c. Encroachrnenls of sloops, areas, cellar steps, trim an:l cortices, if any, npon any street or highway. d. See Rider annexed hereto and made a part herebf. 5. SEI.I.EIt shall give ,s,,,I I'IJRCIIASICll al,all a,~'e.;~,s'lrdd~l ~i2. any New York licensed title company ' I · 6. "CLOSING" ~e..~ fl,e .e~fleme. t~ ~l,e oblig.fio.~ ol SEI.I.ER n.d PURCIIASER to each othe~ nnder Ibis eon. ltnct, tnc]udin~ the p.~n,c.l o~ ~,. purchase price to SELl.EH, .nd th~ d~li~ery ~o purc]maer o[ · Bargai~ and Sale with Covenants against Grantor's Acts deed In proper slututory b)~ for recording 8o as to Irnns[er full ownerbhip (fee Uilll[}lo lille) to tile Irce o[ all e.cumbrance~ except ns herein hauled. Tbs deed will cunlaln a cuvcnnnt by rite SELl. ER as requi;cd by Sec- lion 13 o[ Ibc Lien Law. l[ SELLER is a corporallon, it wilt deUwr Io PII~CIIASEIt at II~o lime of CLOSING (al a regal.lion of ilo ~oatd u[ ~ireclors attlhorlzlng lite au]e and delivery o[ Ihs deed, u.d (b) a cerlificale by the Secretary or lely of tho curputation cc~lifyin& all(:}l le~ohflimt and sclli.~g J-~lh {acl~ ah.wing that rite IranaJer la in confurmily whb ~roher Streetx end axeif~omeflt of unpaid artificers o¥ letter as to exlstieg iortgase(~) ~ompllan~e wi~ state d m~icipml depnrtm~l violations mad ordars Ne~ ) ork instal~ent ,rtionmente Allowance for unpaid purchase ,rice lo pay Affhinvit al j.dgme.t., I ankruptcles ~ed Irr, nnfer d recording Purchnler~s llcn Seller'x hmbilily to convey limitation of liability Condltlor of properly 7. CI,OSINO will take place at the office of LUNDSTEDT & FeY. New York o'clock on or about April 1, 1992 Main Road. La~.t re I. 8. PURCIIASER herehy states'that PURCIIASER has not dealt with any broker in connection with this sale.stiles 9. Thiu sale i.clu(les all of SELLEll .'S ownes~Jl'I) al,d rights. 'f any, in nny land lyinl~ tn tile b~d of any illf"4~l oR highway, opened or proposal, in front of or adjoini.g the IqII':MISI~ to the ~nter Fine tber~L It SELLER lo any nlqmid award hy rea~tl of a.)~ taking hy ~)n(lemnatlon and/or for .fly damage to the PIIEMI~ reawfl of change of grade of any ,erect or highway. SEIJ.EH will deliv~ at no addillo~l CLOSING, or Iher~her, on dcmaml, any ' ' ' documenlu wi.eh PUH~I~Ell may ~ulre Io mllmt ]0. SELLER i~eel lo deliver to PUHCNASER at CLOSING i eertl~cate deled not mo~ than I~tf lore Ihs CLOSING sl~ed by the holder el each EXISTING MORTGAGE) in fern for {Koran& o~ Ihs unpaid principal and interest, date si maturity, and rate el In{areaL SELLER ~ail pay:~e such certi6clle. Il Ihs bolder si a morlgage is a bank or olher institution ec defined in ~tJon Law, it may~ instead o~ Ihs eerli~cate,. ~umislt an unqua~6ed letter deled not more Ihan Ihltty' (~).days:be/ore CLOSING eonlainin$ the Mae Inlets{ion. SELLER hereby ,tatee thit any EXISTING MORTGAG~ ddauh at tho time of CLOSING, ~ , 11. a. SKLLEH will e;mp[y with all notes or notices of v~[aHons of law or municipal ordJnaneff, orderg~ot?r~uJr~ meals noted In or issued by say governmental depa~ment having authority as lo Innds; housJn~.buJl~ns~fi~, h~lth and Jabot conditions a~ting the PREMISES at the date hereol. The PEEMISES shall be traieferr~ f~ of at CLOSING and this provision shall su~Jve CLOSING. SELLER shah f~nJsh P~ECHASER lions necessary to make the searches that could di~lo~ these matters. L r~ ' : ', :';':: :. , 12. If at the time of CLOSING the PREMISES are uflected by att assessment which is or may become payable In xnnual iustallmenls, and the fit'at installment is Ihen a lien, or has hecn paid, then for Ihs purposes of this contract al~ tho un- paid inalalhnenla dali be considered duo and are Io be paid by SELLER at C~SING, 13. The [ollowing are Io be apportioned aa el midnight of I~e day before tbs day el CLOSING: '; Ihe~ el the fi~al period for which assessed. (e) ~k~. (f) ~Mg~. ,:' H CLOSING shall .ccur be{ore n new I.x t.le i~ 6xcel, the .pporllonme.t of tn~e* shah be upon the haste o~ Ihs old lax tnte lur Ihs I,reccdi.g period applied lu Ihs lale~t as~es~4 vsluetion. , A.y e~rot, ur e,.i~.Jo,,, h, compud,,~ .lq,ordu,m,enta at CLOSING .hall be corr~t~. ~le ~ro.hlon. ahall sm. ~4. H lhere, be . wn~er meter o. ~1,. PItEMISES, SEI.LEI{ .h~ll lurnlsh a readi.,g ~o · dele not mare than Ih)rlf ,I:). helots CLOSING d.le .nd Ihs unli~ed n,cter d~nrge nnd *ewet rent, 1{ any, shall be ap mflloned on Ihs b~eJs ~ such last rending, r IS. SEI.LEI( I,.~ thc optJou ~o crcdil I'UIt(~IL%~I'~I{ .~ .,, .dj.~t.m,,I of 0m pnrch.~e prlt~ with Ihs nmomfl of mo les. limn five h,,~ine.. ,h,)'..her CI.{ )SING, prm hh:d th.t offici. I hiH~ therefor ~mpmed ~o ~id dale a~ p~l~ nl or similar to fi,at el Sli:l.I.EIt. SEI.I.EII shall ,hdivcr a sati~lactory detailed affidavit at CLOSING simwlng that Ihs}, ate not against SEI.LEII. ltl. At CLOSING. SELl.ER al,all deliver a cerlified check payul)le to Ihs order of Ihs appropriate State, City or County Ihs check(s) and the tax ret{tm to he delivered to the appmprlate o~cer promptly niter C~SING. 19. All money paid on account of this conlract, and Ihe reachable expenses of examination of the lille to the PREMISES and of any 8tl~ef and survey inspection charges are hereby made liens on the PIIEMISES and sell.table out of lite PREMISES. Such liens shall not continue alter default Ih perfomJanee of tho contract by PUHCIIASE~.,. '.~: 20. If SELLER Is unahle to transfer tJtl~ lo I)UHCIIASKE Jn accordance with this contract, SELLER'S ulsall be to re{and all mo.ay paid on account of lids contrast, phis iii charse~ made for: (1) exlmhllnl charges. Upon such rcJund and pnymefll this contract ullnll be eonsldered cancelle~, nod nehher CIIASEE .hell ]~ave any f~lher rights against the other. ..,. 21. PUflCIIASER has inspired the bnlhllngs o. l~*e PREMISES agd the personal property Included In thls=~le and is thormJghly acquaJnl~ wilh Ihclr conditio.. I'UItCIIASKR agrees to pun=haM them "as Is" and In dmir present condhiofl suhj~t Io re.seaside use, wear, le~r, ~nd natural dcterlornllon ~ctwccn now and CLOSING. ,~('111:1)111 F /% ~ ~!'ALL~that certain Plot, [',lute or parcel of land, ~ibuilding thereon erected, .~;]tuate, lying and being Town of Southold, County of Suffolk and State of bounded an(] described as follows: .. 'last ment]onc:d li~n,1r 201~.. I I £e :.~ t0 a monument and,land now; . · ~,-. or fomnerlv o' Jilius Sl..t,,~t .. . . .{n~. ; . :,, ,~ ~ ,,' '~TIIENCE alolig the Oregon '~ ~'.'~: ,'.'~2hcourses and distances: , ...... . . 1.~.North 6.L dugrees 26 ·..'"'h. ,, ,,..2?[North 5[ deg~eeu 44 mJlnit~s 30 secdnds 'East, 34, to the monument at,the pr,inl or plac~'~of BEGINNING' i'BEGINNING at a monument on Lhe southeasterly side distant 733.10 feet southwesterly, as~,measured~a171 southeasterly side of O]~egon Road from the corner?fo~ei '; ion of the southeasterly ~ide of Oregon,Romd[and;.~th~h~'~'f. '~ ' intersect . .. . .,., .,. ~.. ,,,,:~.., .~.. . southwesterly s~de of D~.~,lg~: Lane; ; '~I:~V~.~ . f · .,,/ RUNNING TIIENCE South 47 degreet 35 minutes 55 ~o~o~8~ss~,la[o~, or formerl of The Society For The Propa~a~i~n land now Y - ._ Faith, 1411.24 feet to ~ ll,~nument and ~,land mow o~.,;Z~e~A~ J,. .. .. . , , , s;~ .., ,, TIIENCE along the last mcnt,~oned la~l~ t~e followin~:2icours~ ::,~... and distances: · ' ....',.. 1. South 44 ~ egrees 00 ,dnut~n{ 35 Sm~oDds West, ~za.=~ 2. Sout'h 47 , · .r('es 43 Ill{hill (:~t .[5 ~lec~nds East, 462.00 to a montm~ent dnd .Land ]iow ,~,~ ;.(]r~%e~..,of Thomas Shalvey;," ,the...., .... THENCE South 69 de[irees t5 ,ninul:es' I'~ seconds West along' ' INSUllAN(31',' (:~.)~II'ANY 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 CONCEP~N: 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 CHAIRM~N By Linda Kowalski APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NoT'rcE OF HEARTNG$ 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 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 THURSDAY, OCTOBER 15, 1992 commencing at the times specified below: (1) 7:32 p.m. Appl. No. 4130 - D. CANTOR and C. HOCHBAUM. Variance to the Zoning Ordinance, Article III, Section 100-33 .for permission to locate accessory garage for (storage) purposes incidental to the existing single-family residence in an area other than the required rear yard. Location of Property 8170 Skunk Lane (a/k/a Bay Avenue), Cutchogue, NY; County Tax Map Parcel No. 1000-104-8-3.1. This parcel is located in an "R-40 Low-Residential" Zone District. (2) 7:36 p.m. App,. No. 4129 - ROBERT AND RUTH KELLEY. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to construct deck extension (includes widening of existing stood area). The existing stoop is, and proposed deck extension will be, located within 75 feet of an Page 2 - Legal Notice~ Hearings for October 15, 1992 Southold Town Board of Appeals existing bulkhead at or near ordinary high water line. Location of Property: Southold Shores Lot No. 8; 750 Blue Marlin Drive, Greenport (Southold Fire District); County Tax Map Parcel No. 1000-57-01-29. This improved parcel is substandard in size and is located in the "R-40" Zone District. (3) 7:40 p.m. Appl. No. 4131 - WILLIAM AND GINA MAXWELL. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for permission to construct deck extension with screened-in enclosure (includes widening of existing deck and step areas). The existing deck and steps are, and the subject extension will be, within 35 feet of the rear property line. The new construction will also exceed the 20% lot coverage limitation of the Bulk Schedule at Section 100-30A.3. Location of Property: 170 Orchard Street, Orient; County Tax Map Parcel No. 1000-25-3-3.1. This improved parcel is substandard in size and is located in the "R-40" Zone District. (4) 7:45 p.m. Appl. No. 4133 - ANTONE VOLINSKI. Variance to the Zoning Ordinance, Article III, Section 100-3 for permission to exceed the 20% lot coverage limitation for placement of an accessory shed structure and deck addition at the rear of existing dwelling. Location of Property: Westerly Side of Middleton Road, Greenport, NY; County Tax Map Parcel No. 1000-40-5-6. This improved parcel is substandard in size and is located in the "R-40" Zone District. Page 3 - Legal Notic~ Hearings for October 15, 1992 Southold Town Board of Appeals (5) 7:50 Appl. No. 4132 - SPECTACLE RIDGE, INC. Variance to the Zoning Ordinance, Article III, Section 100-33 for permission to locate accessory barn, accessory swimming pool and cabana structure in areas other than the required rear yard, and under Section 100-33A for permission to extend height of barn above 18 feet. Location of Property: 14990 Oregon Road, Cutchogue, NY; County Tax Map Parcel No. 1000-084-01-02. This property is located in the "Agricultural-Conservation (A-C)" Zone District. (6) 7:55 p.m. Appl. No. 4128 - BREWER'S YACHT YARD AT GREENPORT, INC. Special Exception under Article XII, Section 100-121B(1) for permission to establish accessory food services for its marina patrons as an amenity. Location of Property: 2530 Manhanset Avenue and the westerly side of Sandy Beach Road, Greenport, NY; County Tax Map Parcel No. 1000-43-3-2. This 9.5+- acre parcel is improved and is located in the "Marine-II" Zone District. 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. For more information, please call 765-1809 or visit our office. Dated: Septer~er 25, 1992. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF HEARINGS 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 Thursday, Oc- tober 15, 1992 commencing at the times specified below: (1) 7:32 p.m. Appl. No. 4130 D. CANTOR and C.HOCHBAUM. Variance to the Zoning Ordinance, Article Ill, Section 100-33 for permis- sion to locate accessory garage for (storage) purposes inciden- tal to the existing single-family residence in an area other than the required rear yard. Location of Property 8170 Skunk Lane (a/k/a Bay Avenue), Cutchogue, NY; County Tax Map Parcel No. 1000-104-8-3.1. This parcel is located in an "R-40 Low- Residential" Zone District. (2) 7:36 p.m. Appl. No. 4129 - ROBERT AND RU1TH KELLEY. Variance to the Zon- ing Ordinance, Article XXlll, Section 100-239.4B for permis- sion to construct deck extension (includes widening of existing stoop area). The existing stoop is, and proposed deck extension will be, located within 75 feet of an existing bulkhead at or near ordinary high water line. Loca- tion of Property: Southold Shores Lot No. 8; 750 Blue Marlin Drive, Greenport (Southold Fire District}; Coun- ty Tax Map Parcel No. 1000-57-01-29. This improved parcel is substandard in size and is located in the "R-40" Zone} District. (3) 7:40 plm. Appl. No. 4131 - WILLIAM AND G1NA MAXWELL. Variance to the Zoning Ordinance, Article IllA, Section 100-30A.3 for permis- sion to construct deck extension with screened-in enclosure (in- cludes widening of existing deck and step areas). The existing deck and steps are, and the sub- ject extension will be, within 35 feet of the rear property line. The new construction will also exceed the 20% lot coverage limitation of the Bulk Schedule at Section 100-30A.3. Lo~zation of Property: 170 Orchard Street, · Orient; County Tax Map Parcel No. 1000-25-3-3.1. This improv- id parcel isl~l~tandard in size and is located in the "R-40" Zone District. (4) 7:45 p.m. Appl. No. 4133 ANTONE VOLINSKI. Variance to the Zoning Or- dinance, Article II1, Section 100-3 for permission to exceed the 20% lot coverage limitation for placement of an accessory shed structure and deck addition at the rear of existing dwelling. Located of Property: Westerly Side of Middleton Road, Green- port, NY; County Tax Map Parcel No. 1000-40-5-6. This im- proved parcel is substandard in size and is located in the "R40" Zone District. Variance to the Zoning Or- dinace, Article 111, Section 100-33 for permission to locate accessory barn, accessory swim- ming pool and cabana structure in areas other than the required rear yard, and under Section 100-33A for permission to ex- tend height of barn above 18 feet. Location of Property: '14990 Oreg6n Road, Cutchogue, NY; County Tax Map Parcel No. 1000-084-01-02. This property is located in the "Agricultural~ Conservation (A-C)" Zone District. (6) 7:55 p.m. Appl. No. 4128 - BREWER'S YACHT YARD AT GREENPOI~', INC. Special Exception under Article Xll, Section 100-12lB(I) for permis- sion to establish accessory food services for its marina patrons as an amenity. Location of Pro- perty: 2530 Manhanset Avenue and the westerly side of Sandy Beach Road, Greenport, NY; County Tax Map Parcel No. 1000-43-3-2. This 9.5+- acre parcel is improved and is located in the "Marine-Il" Zone District. 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 hear- ing. Each hearing will not start before the times designated above. For more information, please call 765-1809 or visit our office. Dated: September 25, 1992 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER IX-10/8/92(16) COUNTY OF SUFFOLK ' STATE OF NEW YORK SS: 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 the notice of which the annexed is a printed copy, has been .published in said Long Island Traveler-Watchman once each week for. .................... / .... weeks successively, commencing on the ...................... Sworn tu before me Ibis ..................... day of ........... .... Notary Public B^RB,~RA A. SCHNEIDER NOTAR'/PUBLIC, Sl:~te of t~e~'~ York No. 4~0~846 Qualified in St!ffolk County Commiss:,on Ex;~ires ~73,1]e/V ' LEGAL NOTICE NOTICE OF HEARING NOTICE IS HEREBY GIVEN, pu~u~nt tolSeedon 267 of the Town Law and the Code of the Town of Southold. the following matters will be held for pubEc healings befo~ the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 .Main Road, Southold, New York 11971, on THURSDAY, oOCTOBER 15, 1992 commencing at the times specified below: (1) 7:32 p.m. Al,pl. No. 4130-- D. CANTOR and C. HOCHBAUM. Variance to the Zoning Ordinance, Article III, Section 100-33 for per- mission to locate accessory garage for (storage) purposes incidental to the existing single-family residence in an area other than the required rear yard. Location of Property 8170 Skunk Lane (a/k/a Bay Avenue), Cutchogue, NY; County Tax Map Parcel No. ! ~00-104-8 -3.1. This parcel is l~cated m an "R-40 Low-Residential" Zone (2) 7:36 p.m. Appl. No. 4129 -- ROBERT and RUTH K~LLEY. Vari- ance to the Zoning Ordinance, Article X.X]~], Section 100-239,4B for pet- (includes widening of ex~stlng stoop area). The ex/sting stoop is, and pro- vAthin 75 feet of an existing bulkhead Shores Lot No. 8; 750 Elue Martin Drive, Greenpon (Soud~old Eire Dis. trlet); County Tax .Map Parcel No. 1000-574)1-29. This improved parcel is substandard in size and is located in the "R-40' Zone Distda. (3) 7:40 p.m. AppL ,No. 4131 -- WJLLIAM and GIXA .MAXWELL. Variance to tbs Zoning Ordinance, Ankle IliA, Section I00-30A.3 for (includes widening ol existing deck and step areas). The existing deck and will be, within 35 feet of thc rear will dso exceed the 20% lot coverage limitation of the Bulk Schedule at Section 100-30A.3. Lc~ation of Prop- County T~x Map Parcel No. 1000-25. 3-3.1. This improved parcel is sub- standard in size and is located in the "R40' Zone District. (4) 7:45 p.m. App1. No. 4133 -- ANTONE VOT TNSKL Variance to the Zoning Ordinance, Article HI, Section 100-3 for permission to ex- of existing dwelling. Location of Road, Greenport, NY; County Tax Map Parcel No. 1000-40-5-6. This and is located in the "R-40" Zone (5) 7:$0 Apph No. 4~32 -- ~EC- ~. Variance to~e Zc~in g Ordinance, Anicle I~, Section 100-33 for permission to locale acces- sory barn, accessory swimming pool than the required reai. yard. and under Section 100-33A for permission to extend height of barn above 18 feet. Location of Property: 14990 Oregon Road, Cutchogue, NY; County Tax Map Parcel No. 1000-084-014)2. This property is located in the "Agficuimr- ui-Conse~vation (A-C)" Zone DisUicU (6) 7:55 p.m. AppI. No. 4128 BREWER'S YACHT YARD AT GREENPORT, L%'C. Special Excep- tion under Article XII, Section 100- 12lB(I) for permission to establish accessory food sen, ices for its marina patrons as an amenity. Location of Property: 2530 Manhanset Avenue and the westerly side of Sandy Beach Road, Greenport, NY; County Tax Map Parcel No. 1000-43-3-2. This 9.5:k acm parcel is improved and ia located in the "Marine-IT' Zone Dis- tdcL The Board of Appeals w~l at sa~d time and place hear any and all per- sons or representatives des[ring to be heard in the above matters. Written cO. mments may also be submitted prior to the conclusion of the subjea hearing. Each hearing will not start before the limes designated above. For more information, please cai1 765-1809 or vl sit our office. Dated: September 25, 1992. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRI~'G ER 7503-1TO8 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) ['A~-~r COA/~c/A/ of Mattttuck, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituek, in the Town of Southold, 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 ~ weeks successively, commenc[n~ on the ~ day of ~ ~ ~._~_~/C~ _ Principal Clerk Sworn to before me this day of HELEN G, 8ERDINKA Commleston Ex~ir~ Augu~ 31, APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, J~c. 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 Sept. 29, 1992 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4]32 Project/Applicants: County Tax Map No. Location of Project: Spectacle Ridge Inc. 1000- 84-01-02 14990 Oregon Rd., Cutchogue, NY Relief Requested/Jurisdiction Before This Board in this Project: Accessory barn in front yard area and swimmingpool in side yard area 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 Southoldo An Environmental Assessment (Short) Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13{a) as amended February 14, 1990}. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)}, this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, $outhold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. mc JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATE: RE: Zoning Board of Appeals Office of the Town Clerk September 28, 1992 ZONING APPEAL APPL. NO. 4132 - SPECTACLE RIDGE, INC. Transmitted herewith is ZONING APPEAL APPL. NO. 4132 - SPECTACLE RIDGE, INC. together with the Notice of Disapproval from the Building Department, the copy of the application for Building Permit, the Letter of Authorization from Mark Lieb, the Notices to Adjacent Property Owners, the Short Environmental Assessment Form, the Zoning Board of Appeals Questionnaire, and a copy of the Site Plan. Judith T. terry, Town Clerk LETTER OF AUTHORIZATION Re: SCTM $1000-84-01-002 I, MARK LIEB, authorize GARRETT A. STRANG, Architect to act on my behalf when making application to New York State, Suffolk. County, Town of Southold or any other Governmental Ag encywith regard to the above referenc ed p~emi.ses~/ MARK ~.~EB Sworn to before me this ~York Continued I. STRICT APPLICATION OF THE ORDINANCE would produce procticaldifficultiesorunneces- sar HAROSHlPbecause of the mixed agricultural and residential use of this particular parcel, the barn would have to be in the rear yard of the residence,- ~ therby causing an ongoing disturbance to the residential use. The plan as presented allows for the practical positioning of the two uses while still maintaining the maximum' distance from the street. Regarding the pool and cabanal Although by definition in the side yard it was locate~ so as to be part of the landscapped area when seen from the house. In addition for security reasons it is prefered to be in .full view when looking out from the living areas of the house as the owners have a young family and wish to have a constant view of the pool area. 2. The hardshipcreatedis UNIQUE ondisnotshared by all prope~ies alike in the immediate vicinity ofthis propeHy and in this u~ district because the intention is to develop the two acre parcel with both'a residence and barn which will allow the remainder of the property to remain.fully agricultural and the deuelopment rights theret6 b9 transfered to the Town of $outhold. If the barn were to be on the agricultural parcel,addit, ional land would have to be cleared to accommodate this use. It is'~refered to place the barn on the two acre .set-off for the residential use, so as t0 maintain as much of the'vineyard i~tact as possible. -. 3. The Variance would observe the ~irit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DIsl~lCTbecause The proposed Barn is in exce~s of 200 feet 'back'from Oregon Road and will be completely surrounded by agricultural use in perpetuity. It will cause no disturbance to any of the surrounding properties. If the barn were to be placed on the agricultural parcel, it could be as close as 60 feet from oregon road. The Vineyard between 'the barn and Oregon Road w~ll remain as a buffer for the first 17§ feet. With respect to the pool~an~ cabana, it also~ is surrounded by ~he remainder of the Vineyard and will poBe no disturbance to any neighboring~prope~ties. STATE OF NEW YORK ) ) COUNTY OF Suffolk ) ss Signature . day of ~¢~7,D¢/~ Sworn to this ...................................................................................................... 19 ~ RECEIVED TOWN OF SOUTHOLD, NEW YORK Southold Town C3erk APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. L//~ ~ DATE ..S..e.D..t. fi~...1.Z, 1992 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHQLD,.IN~ y " SpeCtac£e ~zctg~ Inc. Garrett A. StraDg, R~A, .f.Q~; of I, (i~t) ....................................................... 5.4.~I..B.~ ..~..q~.~....P..,.Q.,~...%~ ~ ......... Name of Appellant Street and Number Southold Municipality ..~..¢.~..~Y.Q~.~, ....... HEREBY APPEAL TO State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON September 17 1992 APPLICATION FOR PERMIT NO ..................................... DATED ................................ ( ..................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (x) Name of Applicant for permit of 54655 Main Road, P.O.Box 1412 Southold New York Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Permit to Construct I. LOCATION OF THE PROPERTY .1..4.~.~..Q...O..T.9.g.Q.~,...~gA~....(~.g,.t;.~.JkQ. c~....N..~]~.,.....~,:.~ ........... Street /Hamlet / Use District on Zoning Map District.... 1000 Section:=:::: ::: 84 B]0ck._01L0t.. 02--.. .Current Owner Spectacle Ridge Inc. :Map No. 'Lot No. Prior Owner .... 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III Section 100-33 & 100-33A 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (X)0 A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Lc~v Chap. 62 Cons. Laws Art. ~ 6 Sec. 280A Subsection 3 ( ) '4. PREVIOUS APPEAL A previous appeal ~3l~ (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal wes ( ) request for o special permit ( ) request for a variance and was made in Appea! No ................................. Dated ............................. ~ ........................................ REASON FOR APPEAL A Variance to Section 2BOA Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that l~orm (Continue on other side) I PRQJECTLD. NUMBER 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED AC'FIONS Only PART I--PROJECT INFORMATION ('To be com~3leted by AD~31icant or Proiect sponsor) Garrett ~. Strpnq, ~rchite~t I Spectacle Rid.ge Inc. ~,.~cm,,w Southold cou.w' Suffolk SEQR Suffolk County Tax Map # 1000-84-01-02 14990 Oregon Road, Cutchogue, New York .i~ South side of Oregon Road approximately 720 feet west of Bridge Lane Construction of new single family residence compound with accessory bart% swimming pool, cabana, wells and septic system Variance required for accessory structures in the front and side yards as well as height of barn. 9. WHAT IS PRESENT !.AND USE IN VICINITY OF PROJECT? ~-~ Resiaanttal [] Inclusttial [] Commercial [] Agrlcutture [] Park/Foresuoge. seat* [] Ot~ler Southold Town Z.B.A. & Building Department Suffolk County Department of Health Services 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERM T APPROVAL REQUIRE MODIF,CAT,ON? ~]Yes []He CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE .am.:~G_arrett A. ~tran~, ArChitect Da,e: Se[~t. 18, 19! ,2 L I! the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment I side) OVER I · (Continued on reverse of The N.Y.S. Environmental Quality Review Act requires submission before any action is taken. INSTRUCTIONS: (a) ~n order to answer the questions in this short EAF it is assumed that the prepare.r will use currently available information concerning the project and the likely impacts of the action. It is not expected that a~ditional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- (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? ~es~X NO 2. Will there be a major change to any unique or u~usual land form on the site? Yes XNo 3. Will project alter or have a large effect on a~ existing body of water? Yes X NO 4. Will project have a potentially large impact On groundwater quality? Yes X NO 5. Will project significantly effect drainage flow on adjacent sites? ~Yes X No 6. Will project affect any threatened or endangered plant Or animal species? ___Yes X___.No 7. Will project result in a major adverse effect on air quality? Yes XNo 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 X No 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontologiuul importance or any site designated as a critical envircumental area by a local agency? ~Yes X No 10. Will project have a m~jor effect On existing or future recreational opportunities? Yes X NO 11. Will project result in major traffic problems or cause a major effect 9o existing transportation · ' ' systems? __Yes X___~o 12. Will project regularly cause objectionable odors, noise, glare, vibra=ion, or electrical disturb- ance as a result of the project's operation? ~_Yes X NO 13. Will project have any impact on public health 14. Will project affect the existing co~u~unity by directly Causing a growth in permanent popula- period or have a major negative effect on the ~ charac=~ of the community or neighborhood? aePresenting. Se Spectacle Ridge Inc. Sept. 18, 199.2 Z~A 9/q5 ' -- -- _ Date: QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of %he owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached.) Spectacle Ridge Inc. Owner B. Is the subject premises listed on the real es=ate marEet ~or - sale. or being shown to prospective buyers? { } Yes {x } No. (If Yes, pl~e a~h ~op~ of "conditions" of sale.) C. Are there an7%~ruposals tu =hange ~r alter land { } Yes {x} No D. 1. Are there any areas which contain wetland grasses? No 2. Are the wetland areas shown on the map submitted with this application? N/A 3. Is the property bulkhea~ed between the wetlands area and the upland building area? N/A 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? N/A E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? N/A (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or which e~ and are not ~huwn on the survey map that you submitting? none If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? No If yes, please submit a copy of your building 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? No If yes, please explain where or submit cepies of deeds. I. Please list present use or operations conducted at this parcel Vineyard and proposed use Vineyard with ~ingle Family residence an~ barn AuthOrized Signature an~ Date ' 3/87, 10/901k § 97-13 WETLANDS § 97-13 TOWN -- The Town of Southold. TRUSTEES ~ The Bosxd of Trustees of the Town of Southold. [Added 6-5-84 by L.L. ~/o. 5-1984] WETLA.N'DS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 b.v_~,,,?, N~.6-1985]: ~'.~,.Do:,~'. '4, ,~V ~{DAL WETLANDS: (I) All lands generally covered or intermittently cov- ered %vith. or %vhich 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. hogs, salt marsh, swamps, meadows, fiats or other Iow lying lands subject to tidal action; (2) All banks, bogs, meadows, flats and tidal marsh subject to such tides and upon which grows or may grew some or any of the foIlowin~, salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, ground~eL ~"nnrch c~rdgrnss~ ~ (2) All land immediately adjacent ~ a tidal wetland aa defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. Bo FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 24. Ti- fie 1. § 24-0107. Subdivisions l(a) to l(d) inclusive. of' the 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- es. ss ','III G Q COUNTY OF SUFFOLK /~o-~o~, ~SOU?HOL~D ~ ~.~ lONG ISLAND SOUl R-80 COUNTY OF SUFFOLK ss: STATE OF NEW YORK NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following matters will bt held for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hail, 53095 Main Road, Southold, New. York 11971, on MONDAY, NOVEMBER 9, 1992 commen- cing at the times specified below: 1) 7:32 p.m. Appl. No. 4099 - Application of CHARLINE EDWARDS for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.A for approval of deck extension bet- ween existing deck and stairs along the bluff of the Long Island Sound. Location of Pro- perty: 880 Salt Marsh Lane, Peconic, NY; County Tax Map Parcel No. 1000-68-3-8.2. The size of this lot has a total area conforming to the requirements for this R-40 Zone District. 2) 7:35 p.m. Appl. No. 4098 Application of INDEPEN- DENT GROUP HOME LIV; lNG PROGRAIV[I INC. (IGHLP) appearing the June 30, 1992 Notice of Disapproval issued by the building inspector, for relief under Article XXIll, Section 100-231(B) of the Zon- ing Ordinance for the placement of fencing at more than the 6-1/2 ft. height limitation (pro- posed height: 8 ft.). Location of Property: 52550 Main Road, Southold, NY; County Tax Map Parcel No. 1000-61-3-1. 3) 7:38 p.m. AppL No. 4137.- Application of JANE C. P Cl~ appealing the October 19, 1992 Nonce of D sapproval~ issued by the building inspector, for relief under Article IliA, Section 100-30A.3 for the place- ment of a raised concrete patio extension with awning at a set- back of less than the required 35 feet from the front property line along Reydon Drive. Location of Property: 40 Grove Drive at Intersection with Reydon Drive, Southold, Reydon Shores, Sec- tion H, Lot 23, 24 & 1/2 of 22; County Tax Map Parcel No. 1000-80-4-17.1. 4) 7:42 p.m. AppL No. 4098 - Application of TONY AND_ -~x-R-i~KOSTo~XS ~or a Variance to the Zoning Or- dinance, Article XXIII, Section 100-239.4 for approval of deck extension (at or near ground level) and fence, as exists, near the L.I. Sound bluff. Location of Property: 1035 Aquaview Avenue, East Marion, NY; County Tax Map Parcel No. 1000-21-2-13. This property is nonconforming as to total lot area in this R-40 Zone District. (Hearing was previously postponed for Town Trustees ac- tion on Coastal Zone Permit jurisdiction). 5) 7:50 p.m. AppL No. 4136 - Application for GEORGE BIT- SAKIS AND 01H~K~ (Owners) for a Variance under ~r{icl~ XXIII, Section 100-239.4A for permission to construct addition and reconstruct existing dwelling structure areas located within 100 feet of the L.I. Sound bluff or bank. Location of Property: 57065 C.R. 48, Greenport, NY; County Tax Map Parcel No. 1000-044-2-1. This property is nonconforming as to total lot area in this R-40 Zone District. 6) 7:55 p.m. Appl. No. 4132-~, 1° - Application of~ RIDGE, INC. to include, as amended, a r~'quest for relief under Article Ill, Section 100-3lA (1) (and/or Section 100-31C pertaining to accessory uses) to permit residential second-floor use for family member of a proposed accesory building, in conjunction with the use of the proposed prin- cipal single-family residence. Location of Property: 14990 Oregon Road, Cutchogue, NY; County Tax Map Parcel No. 1000-084-01-02. This property is located in the "Agricultural- Conservation (A-C)" Zone District, and is presently before the Southold Town Planning Board concerning a change of lot line and before the Farmland Development Rights on 17+- acres, leaving 2+- acres for one (1) principal dwelling use per two acres of land area. 7) 8:00 p.m. Ref. File No. 4122-B. Application of ROBERT H. and KATHRYN B. DEXTER under Article XXIII, Sectiorr~-239.4B for a rehear- ing, or in the alternative, new Application for a deck exten- Patricia Wood, being duly sworn, says that she is the Editor, of -[HE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island 'lraveler-Watchman once each week for ........ £/Le.:.~ .............. weeks Nolary Public BARBARA A. SCHNEIDE'~ NOTARY PUBLIC S ,!e o( ~',- ~ York sion, as modified, plus second- story overhang, all to be located within 75 feet of the lower bulkhead along Great Peconic Bay. Location of Property: 8380 Great Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-126-11-20. 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 hear- ing. Each hearing will not start before the times designated above. For more information, please call 765-1809 or visit our office. Dated: October 26, 1992. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER By Linda Kowalski 1×-10/29/92~25~ fYI 1 1~O1, lie. AR " L.I. Sound bluff. Lo,etlon of Prell- NOTICE IS HEREBY GIVEN, erty: 1~5 Aquavinw Avenue, East ~uant to ~ ~7 of the To~ Ma~, NY~ ~ty ~ Map P~I ~w and ~e C~e of ~h~ Town of No. 1~-21-2-13. ~s pt~e~y ~s Sou~old, thc following matters will n~confo~ing ~s to total lot s~a m ~ held for pob~c heaves ~fo~ thc ~s R~0 ~n~ Distd~. (ll~dng was previously poslpon~d for Town SOUTtlOLD TOWN BOARD OF APPEALS at the Southold Town llall, 53095 Main Road, Southold, New York 11971, on MONDAY, NOVEM- BER 9, 1992 commencing'at the times specified below: 1) 7:32 p.m. Appl. No. 4099 -- Application of CHARLENE ED- WARDS for a Variance to the Z~ing mit jurisdiction). 5) 7:50 p.m. AppL No. 4136 -- Application for GEORGE BIT- Ordinance, Article XXIII, Section 100-239.A for approval of deck ex- within 100 feet of the LI. Sound bluff tension between existing deck and or bank. Locafon of pricey: 57065 stairs along the bluff of the Long Is- C.R. 4g, Greenport. NY; County Tax land Sound. Location of Property: 850 Salt Marsh Lane, Pea}Mc, NY; Cotm- ty Tax Map parcel No. 1~00-68-3-8.2. The size of this lot has a total area conforming to the requirements for tiffs RM0 Zone District. 2) 7:35 p.m. Appl. No. 4098 -- Application of INDEPENDENT GROUP HOME LIVING PRO- GRAM, INC. (IGHLP) appealing thc June 30, 1992 Notice of Disap- proval issued by thc building inspec- tor, for relinf under Article XXIII, Section 100-231(B) of the Zoning Ordnancc for the placemcnt of fenc- lng at mom than tile 6-1/2 fL height limitation {proposed height: 8 ft.}. Location of Property: 52550 Main Road, $onthold. NY; Connty Tax Map parcel No. 1000-61-3-1. 3) 7:38 p.m~ AppL No. 4137 -- Application of JANE C. PEACE appealing thc October 19, 1992 N~tice of Disapproval issued by th~ building inspector, for relicf under Article IliA. Location of Property: 40 Grove Drive Lot 23, 24 & 1/2 of 22; County Tax Map Parcel No. 1000-80-4-17.1. 4) 7:42 p.m. Ap~l. No, 4098 -- Appfication of TONY AND MARIA Section 100-239.4 for approval of Map pared No. 1000-044-2-1. This properly is nonconforming as to total I~t arcs in tiffs R-40 ~ne District. 6) 7:55 p.m. Appl. No. 4132-B -- Application of SPECTACLE RIDGE, INC. to include, as amend- ed, a request for relief undcr Article RI, Section 100-3IA(I) (and/or Sec- tion 100-31C pea. aining to acccsag~0..~ u'scs) to permit residential second- floor use for family member of a pro- posed acccssord building, in conjunc- tion with the use of the proposed prin- cipal singlg'family residence. Loca- tion of pr~oerty: 14990 Oregon l~.oad, Cutchogue. NY; Connty T~x Map Par- cci No. 1000-084-01-02- This proper- ty is located in the "Aerieuhural' Conservation (A-C)" Zone District. and is presently bofor~ the Southold change of lot line and before the Farmland I~,~l~/ancnt Rights on 17+ acres, leaving 2.4: acres for one (1) principal dwelling us~ per two acres of land ama. 7) 8:00 p.m. Rcf. Irdc No. 4122-B. Application of ROBERT H. AND KATHRYN B. DEXTER under Ar- ticle XXIH, Section 100-239.4B for a reheating, or in thc ahemarive, new Application for a deck extension, as modified, plus second-story overhang, all to bc located within 75 feet of the lower bulkhead along Great p¢conic Bay, Location of properly: 8380 Great peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000- The Board of Appeals wifi at said tlm¢ and place hear any and all per- prior to the conclusion of the subjec hearing. Each hearing will not star before the times designated above. Fo more information, please call 765. Dated: October 26, 1992. BY ORDER OF TIlE souTItOLE TOWN BOARD OF APPEALS GERARD P. GOEHR1NGER By Linde Kowalski .7~t21=LT O29 - STATE OF N~... YORK) } COUNT~ OF SUFFOLK) Cara Conklin of Mattituck, in said County, being duly sworn, s~ys that he/she is Princlpnl Clerk of THE SlJIclcOLK TIMI~, a Weekly Newspaper, published at Mnttit~k, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the nnnexed is a printed copy, hn~ b~n re~lllLr- ly published in said Newspaper once each week for one weeks successively. ~Ommqncll~ on the 29th dayof October1992 . Principal Clerk BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of Garrett A. Stran~ for Spectacle Ridge Inc. ~) the Board of Appeals of the Town of Southold : TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: I. That it the intention of Ihe undersigned to petition the Board of Appeals of the Town of 5outhnld torequest a (Variance] ~( .q~#~ (~ [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 14990 Oregon Road, Cutchogue New York. Suffolk County Tax Map # 1000-84-01-02 South side of Oreqon RQad apDroximately 720 feet West of Bridqe Lane 3. Thattheproperty whichisthesubiectofsuchPetitionislocatedinthefollowingzoningdistrict: A-C A~ricultura~-Conservation 4 Thalb~ suchPetition, theundersigned willrequestthefollowingrelief: Permission to Construct accesso'r~ Building (Barn) in a Front yard, Construct accessory pool and cabaDa in side yardo 'ACcessory barn in excess of 18' in height $. That the provisions of the Sou[hold Town Zoning Code applicable to the relief sought by the under- signed are Article III Sec.tion 100-33 & 100-33A [ ] Section 280-A, New York Town Law for approval of access over r~§ht(s)-of-wa¥. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 7~5-i809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such bearing 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. Daled: September 17, 1992 Petitioner ~arrett A. Strang, Architect Owners ' Names :~Dectacte R~dqe Inc. Post Office Address 54655~Main?Road, P.O.Box 1412 ~N~Yor~ 11971 Tel. No. (516)765-5455 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] OF NOTIfE RECEIPTS ,oklyn, New York 11201 rogue, New York 11935 )id, New York 11971 Bridge ~ Cutchogue~ New York , .. MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL D~'~.~ . Bay Cove, New York 11791 Hampton Bays, New York 11946 Ms. Agnes D. McGunnigl North Road Southold, New York 11971 MAY BE UEED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVI~,~ Mr. Steven Bubner 60 Cove Run Oyster Bay Cove, New York 11791 MAY EE USED FOR DOMESTIC AND INTERNATIONAL MAIL, ODES NOT PROVIDE FOR iNSURANCE POSTMASTER PS FORM MAY 1976 38! 7 9OPO: 1977-750-851 Michael & Maria Demchak ~. 7 IHampton Bays, New York 11946 PS FORM MAY1975 3817 GPO: 1977-750-851 Garrett A. Stranq ,reslmn~at ~a~n Road ~4attituck , being duly sworn, deposes and says that on the ~R~h day ~f September ,19 9~' .., deponent mailed a true copy of the Notice set forth on the re. *erse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of 5ou~hold; that said NoHces were mailed at the United S~ates Post Of- rice at So~thold ; that said Notices were mailed to each of said persons by {certified) (registered) mail. // _ Sworn to before me this day of Garrett A. Strang (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 : Garrett A. Strang for Spectacle Ridge to the Board of Appeals of the Town of Southold : TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board nf Appeals of the Town of 5outhold to request a (Variance) (~'~}~gX0~l~00 (,~l~:i~i~X,~.l~ ((~K~]~ [circle choice] 2. Thattheproperty whichisthesubiectofthePetitionislocatedadjacenttoyourpropertyandisdes' cribedasfollows: '14990 Oregon Roadf Cutchoguef New York Suffolk County Tax Map # 1000-84-01-02 South side of Oreqon Road approximately'720 feet West Of Bridge Lane 3. That the property which is the subject of such Petition is located in the following zoning district: A-C AgriCultural Conservation 4 That bt, such Petition, the undersigned will request the following relief: Permission to Construct accessory Building with residential second floor use;specifically .livinq area for family member,'quest quarters and domestic servant quarters. $. That the provisions of the 5outhoid Town Zoning Code applicable to the relief sought by the under- signed are Article III Section 100-31A ~ [ ] Section 280-A, New York Town Law for approval of access over r~ght(s)-of-way~ 6. That withio five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you ma), then and there examine the same during regular office hours. (516) 7~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Bo,~rd 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 $outhold and designated for the publication of such notices; that you or your representative have the ' right to appear and be heard at such hearing. Dated: October 20. 1992 PetitionerGarrett A. Strang, Architect 0wner$'Name$: Spectacle Ri~qe Inc. PostOfficeAddress 54655 Main Road, P.O.Box 1412 Southold~ New York 11971 Te]. No. (516) 765-5455 [Copy of sketch or plan showing proposal to purposes.] be attacb.e~: four :~OQ~venience PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS The Society for the Propagation of the Faith 191Joralemon, Brooklyn, New York 11201 Mr. & Mrs. William Asip Bridge Lane, Cutchogue, New York 11935 Ms. Agnes D.~McGunnigle North Road, Southold, New York 11971 Mr. Steven Dhbner 60 Cove Run, Oyster Bay Cove, New York 11791 Michael & Maria Demchak 157 Newtown Road, Hampton Bays, New York 119~6 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE--POSTMASTER Received From: Garrett A. Strang, Architect P.O.R~y 1412 Southold~ New York 11971 One piece of ordinary mail addressed to: The Society for the Propagatio~ cf ~-~.,~ Faith 191Joralemon Brooklyn, New York 11Z01 Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current fee. PS Form 3817, Mar. 1989 *u SGPO:1991-0-282-404/2574~ Mr. & Mrs. William Asip Bridge Lane Cutchogue, New York 11935 S Form 3817, Mar. 1989 *u $GPO:19~1-0-282.404/25747 Ms. Agnes D. McGunnigle North Road Southold~ New ~ork 11971 =S Form 381 7, Mar. 1989 *U.S.GPO:1991-0-282-404/25747 ~r Steven Dubner ~ ~ 60 Cove Run - · Oyster Bay Cove, New York 11791 'S Form 3817, Mar. 1989 *U.S.G~O:~9~.0.282.404/25747 Michael & Maria Demchak 157 Newtown Road Hampton Bays, New York 11946 PS Form 3817, Mar. 1989 * u 8.GPO:1991.0-282-404/25747 ~L~J~ Main Road ~rn, deposes and says that on the 2~th day true copy of the Notice set forth on the re- de addresses set opposite their respective e the addresses of said persons as shown on ices were mailed at the United States Post or- ,rices were mailed to each of said persons by (This side does not have to be completed on form transmitted to adjoining property owners.) GARRETT A. architect Main Road,P.O. Box 1412 Southold N.Y. 11971 516 - 765 - 5455 STRANG , ~ ~u L~- O ~J L~ ! PRELIMINARY PRINT NOT TO BE USED FlOR CONSTRUCTION P~A~J GARRETT A. STR~NG archite~t !, Main Road P.O. Box 1412 Squttold N.Y. 11971 516- 765- 545[