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[