Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
4106
820 Lupton' s Point 115 _�ttituc s, i - - Luchsinger,_D. 16 _Proposed construction -is,- less thin 75'_from _ tidal wetlands CA _'alit eN C°gjv$7�uc�-_�c`�✓< �16.B,-ro„r tr�o �..✓_2_s'®F�ulla�,s Y APPEALS BOARD MEMBERS p�pS�FFO(�-cop SCOTT L.HARRIS Supervisor Gerard P.Goehringer,Chairman o Charles Grigonis,Jr. y x Serge Doyen,Jr. vt • �� Town Hall,53095 Main Road James Dinizio,Jr. P.O.Box 1179 Robert A.Villa col * � Southold,New York 11971 Fax (516)765-1823 Telephone(516)765-1809 Telephone (516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD Appl. No. 4106. Upon application of LAWRENCE P. AND MARILYN HIGGINS. A Variance is requested under Article XXIII , Section 100-239. 4 for permission to expand deck by approximately 480 sq. ft. , extending the existing deck seaward approximately 13 feet, all of which will be located within 75 feet of the existing bulkhead. This parcel contains a lot area of approximately 19,200 sq. ft. and is located in the R-40 Zone District. Location of Property: 830 Lupton Point Road, Mattituck, NY; County Tax Map Parcel No. 1000-115-11-16. WHEREAS, a public hearing was held on June 4, 1992, at which time all those who desired to be heard were heard and their testimony recorded; WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present (R-40) zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. By this application, appellants seek a variance under Article XXIII, Section 100-239. 413 for approval of a raised, open deck addition/extension at the rear (southerly end) of the existing deck area, all as shown on the May 7, 1992 survey prepared by Roderick VanTuyl, P.C. and as constructed without permits in the latter part of May 1992. The setback requested when using the scale shown on the survey map is 37 feet at its closest point to the bulkhead. 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 115, Block 11, Lot 16 and contains a total lot area of 19, 550+- sq. ft. 3. The dwelling as exists presently has the following nonconformities: (a) sideyards at 4 ' at the easterly side, and total sideyards at 22+- feet; (b) a reduced setback from the Page 2 - Appl. No. 4106 Matter of LAWRENCE P. HIGGINS Decision Rendered June 30, 1992 bulkhead at approximately 45 feet to the previously existing deck. The original deck was the subject of a prior variance under Appeal No. 3397 rendered October 24, 1985. 4. Article XXIII, Section 100-239. 4B of the Zoning Code requires all buildings and structures located on lots upon which a bulkhead, concrete wall, rip-rap or similar structure exists and which is adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five ( 75 ) feet from the bulkhead. 5 . In considering this application, Board Members find: (a) the relief requested is not substantial in relation to the existing established nonconforming setbacks in the area of this shoreline; (b) the construction is for an open deck addition without a foundation or basement and without a screened or permanent-type enclosure - this type of construction is not major and will not affect the stability of the soils seaward of the house; (c) the relief requested will not alter the essential character of the neighborhood - the topography of parcels in the immediate area have significant differences in topography, shape and character in relation to the creek shorelines; (d) the practical difficulties are uniquely related to the property and are not personal to the landowner; (e) the grant of the relief as requested will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to the neighboring properties; ( f) in view of all the above, the interests of justice will be served by granting the relief as requested and conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to GRANT the relief requested under Appl. No. 4106 as applied and SUBJECT TO THE FOLLOWING CONDITIONS: 1. The setback from the bulkhead shall not be less than 37 feet at its closest point, as requested; Page 3 - Appl. No. 4106 Matter of LAWRENCE P. HIGGINS Decision Rendered June 30, 1992 2. The open deck construction shall remain open and unroofed, and shall not be permitted to be enclosed in any manner; 3 . The side railings shall not exceed a height of 42" from the deck floor (or the usual height requirements specified by the Building Inspector under the construction codes) , whichever is the lesser height; 4. Proposed lighting must be shielded down toward the deck or ground area so as not to be adverse to surrounding properties. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, and Dinizio. Nay: Member Villa (opposed to any reduction and objects to any construction without proper permits. ) This resolution was duly adopted. lk GERARD P. GOERRING CHAIRMAN L uod , APPEALS BOARD MEMBERS ' ° SCOTT L.HARRIS Gerard P.Goehringer,Chairman ?_ 1 Supervisor Charles Grigonis,Jr. Town Hall,53095 Main Road Serge Doyen,Jr. 3 ;. P.O.Box 1179 James Dinizio,Jr. Southold,New York 11971 Robert A. Villa i Fax (516)765-1823 Telephone(516)765-1809 Telephone (516)765-1800 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 befc- _ the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, JUNE 4, 1992 commencing at the times specified below: 1 . 7: 30 p.m. Appl. No. 4107 - RENEE PELLETIER. This is an Appeal of the May 14, 1992 Notice of Disapproval issued by the Building Inspector for a Variance to the Zoning Ordinance, Article XXIV, Section 100-244B for permission to construct a raised wooden walkway extending from the (easterly) front door to the existing (southerly) side deck. The proposed walkway is five feet in width, located with an insufficient front yard setback. This parcel has a lot area of 13 , 634 sq. ft. and is located in the R-40 Zone District. Location of Property: 550 Fasbender Avenue, Peconic; also referred to as combined Lots #1 to 5, inclusive, Map of Bailey Park filed 9/26/32 as No. 1097. County Tax Map Parcel ID No. 1000-67-6-4. Page 2 - Legal Note 0 Hearings for June 4, 1992 Southold Town Board of Appeals 2. 7: 35 p.m. Appl. No. 4108 - DANIEL AND PAMELA TUTHILL. Special Exception to the Zoning Ordinance, Article III . Section 100-30B( 16 ) for permission to establish a "Bed and Breakfast Use," in conjunction with the single-family residency by the owner. This use is to be accessory and subordinate to the principal residential use, is for the rental of not more than three bedrooms, and is for lodging and serving of breakfast to not more than five casual and transient roomers. This parcel contains a lot area of 1. 3876 acres in this R-40 Zone District. Location of Property: 32660 County Route 48 (and the westerly corner of Carroll Avenue) , Peconic, NY; County Tax Map Parcel No. 1000-74-3-11. 3. 7: 40 p.m. Appl. No. 4109 - MARGARET LEAHY. This is an Appeal of the April 27, 1992 Notice of Disapproval from the Building Inspector, Article III-A, Section 100-30A. 3 for permission to construct deck addition to existing front porch with an insufficient front yard setback. This parcel has a nonconforming lot area of 12,500 sq. ft. .d is located in the R-40 Zone District. Location of Property: 1185 Wiggins Lane, East Marion, NY; Cleaves Point, Section Three, Lot No. 79; County Tax Map Parcel No. 1000-35-5-8 . 4 . 7: 45 p.m. Appl. No. 4101 - JOHN ROWAN (Property now or formerly of LUCIEN ARCAS) . This is an Appeal under Article Page 3 - Legal P• Hearings for June 4, 1992 Southold Town Board of Appeals XXIII , Section 100-239 . 4 for a deck addition with an insufficient setback from the northerly property line. This parcel has a nonconforming lot area of 33 ,637 sq. ft. in this R-40 Zone District. Location of Property: 435 Soundview Avenue Extension, Southold, NY; County Tax Map Parcel No. 1000-50-2-16. 5. 7: 50 p.m. Appl. No. 4111 - JOHN G. AND MARIE ELENA BRIM. Request to Amend Variance to locate accessory tennis court partly in the front yard and side yard and with an insufficient setback from nearest wetlands, all as shown on the Amended Plan prepared May 12, 1992 by Chandler, Palmer & King. The provisions under which this Amendment is requested are Article III , Section 100-33 , and Article XXIII, Section 100-239. 4. Location of Property: Northerly Side of Private Road (extending off East End Avenue) , Fishers Island, NY; FIDCO Block 18, Combined Lots IA and 1B, having a total land area of 3 . 56+- acres in this R-120 Zone District. 6 . 8: 00 p.m. Appl. No. 4105 - JOHN J. FIORE. A variance is requested under Article III , Section 100-33 for permission to locate accessory swimmingpool structure and fence enclosed in an area other than the required rear yard. This parcel contains an area of approximately 28, 000 sq. ft. and is located in the R-80 Zone District. Location of Property: 3100 Cedar Beach Road (and the westerly side of Sunset Way) at Bayview, Southold, NY; Page 4 - Legal Not* • Hearings for June 4, 1992 Southold Town Board of Appeals also known as Cedar Beach Park, combined Lots No. 158 and 159; County Tax Map Parcel ID No. 1000-91-1-5. 7. 8: 05 p.m. Appl. No. 4112 - HENRY AND BETTY HINTZE. A variance is requested under Article XXIV, Section 100-244B for permission to construct deck addition and with a setback at less than 75 feet from the existing bulkhead, and under Article III , Section 100-33 for small accessory shed in the front yard. This parcel contains a total lot area of 14, 500+- sq. ft. and is located in the R-80 Zone District. Location of Property: Right-of-Way extending off the easterly side of Pipes Neck Road, Greenport, NY; County Tax Map Parcel No. 1000-53-1-15. 8. 8: 10 p.m. Appl. No. 4106 - LAWRENCE P. AND MARILYN HIGGINS. A variance is requested under Article XXIII , Section 100-239. 4 for permission to expand deck by approximately 480 sq. ft. , extending the existing deck seaward approximately 13 feet, all of which will be located within 75 feet of `he existing bulkhead. This parcel contains a lot area of approximately 19,200 sq. ft. and is located in the R-40 Zone District. Location of Property: 830 Lupton Point Road, Mattituck, NY; County Tax Map Parcel No. 1000-115-11- 16. 9. 8: 15 p.m. Appl. No. 4104 - ANTONIO VANGI . A variance is requested under Article XXIV, Section 100-244 and Article Page 5 - Legal Not* • Hearings for June 4 , 1992 Southold Town Board of Appeals XXIII, Section 100-239. 4A for permission to construct addition to dwelling with a reduced easterly side lard and within 100 feet of the top of the L.I . Sound bluff. This parcels contains a total lot area of 25 ,135+- sq. ft. and is located in the R-40 Zone District. Location of Property: 645 Glen Court, Cutchogue, NY; also referred to as Lot No. 1, Map of Vista Bluff filed on March 15 , 1968 as Map No. 5060 ; County Tax Map Designation: 1000-83-1-17. 10. 8: 20 P.M. Appl. No. 4110 (filed May 19, 1992 ) . THOMAS E. COFFIN. Variance to the Zoning Ordinance, Article XXIII, Section 100-239. 4 for permission to construct addition within 75 feet of the existing bulkhead. This parcel contains a total lot area of 19,985 sq. ft. and is located in the R-40 Zone District. Location of Property: 305 Gull Pond Lane, Greenport, NY; County Tax Map Parcel No. 1000-35-4-5 (now 28. 25) ; also known as Lot 10, Map of Fordham Acres, Section One. 11. 8 : 25 p.m. Appl. No. 4098 - TONY AND MARIA KOSTOULAS. (Hearing is reopened and continued from the May 7, 1992 concerning an Appeal 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 with an insufficient setback from the L. I . Sound bluff line. Location of Property: 1035 Page 6 - Legal Notii • Hearings for June 4, 1992 Southold Town Board of Appeals 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. 12. 8: 30 p.m. Appl. No. 3975 - ARTHUR G. CARLSON. (Continued from March 25, 1992) . This is an Appeal for an Interpretation resulting from the October 11 , 1991 Notice of Disapproval from the_Btii lAi me Inspector, ac amended . undar n t-icle-I-II-.-Sec ton 100-31A( 2) for approval of a wholesale shellfish distribution business and declaring that the aquacultural use falls within the purview of the agricultural use. The subject parcel is located in the Agricultural-Conservation (A-C) Zone District and contains a total area of 40, 000 sq. ft. Location of Property: 1575 Lower Road, Southold, NY; County Tax Map Parcel No. 1000-69-5-13 .2; also known as Lot #3 of the Minor Subdivision of Judith T. Terry approved by the Southold Town Planning Board 10/1/79. 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 . Dated: May 18, 1992. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski • • FORM NO.9 • TOWN OF SOUTHOLD BUILDING DEPARTMENT RECEIVE TOWN CLERK'S OFFICE D SOUTHOLD,N.Y. MAR 2 6 199Z J.E FITZGERALD NOTICE OF DISAPPROVAL Date 3/ .ro' . . . . . . . . . . . . . . .. I9 .14�sz To 7. . . . . . . . . . . . . . . . PLEASE TAKE NOTICE that your application dated . . . . . . . . . . . . . . . . . . .. 19 . for permit to 64QQ4r/ �/ . . � '~ . . . . . . at Location of Property .!�.v . .mac � . . T 41. . . . . . . . . . . House No. Street Hamlet County Tax Map No. 1000 Section . . . . . . . . Block . . . . // . . . . . . Lot . . . �i�. . . . . . . Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . ././. . Lot No. . . . . . . . . . . . . . . . . . is returned herewith and disapproved on the following grounds . . 44.5 .. .1 . . . zc't4le . . . . f . . . .r3 . . . . � .. . . . . . . . . . . . . . . . . . . . . . . . . . . T . . . . . . . . . fie ° . . . . �. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iildi �nspector RV 1/80 .� ��57�.c1)c& /'a - . _ isv.6., moo/ ua add l TOWN OF SOUTHOLD1111104TORD /" tw U b APPEAL FROM DECISION OF BUILDING INSPECTOSAY 14 APPEAL NO. 7 / ZO g� p EqL p�� 16"6 M Town y'" DATE ..11AY..�. TO THE damles ��AF3tzgeralIS, �OW/crop ? et -ty! —ices 1, (We) for Iawrence Hig ins.................of ..Pr.Q.,...B(Rx 617............. Name of Appellant Street and Number Cutchogu.e,. .. ... NY 1.1.2.3.5 ................................ ......•,,,,,,,,,,,,,,,,,,,,,HEREBY APPEAL TO . . ..... . . .. . Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. .................................... DATED ....March 25t 1992................ WHEREBY THE BUILDING INSPECTOR DENIED TO Same as APPELLANT above ................................................................................. Name of Applicant for permit of .................................................................................................................................. Street and Number Municipality State ( ) PERMIT TO USE ( -) PERMIT FOR OCCUPANCY ( X) PERMIT TO BUILD 1. LOCATION OF THE PROPERTY ..850 Lupton Point Road., Mattituck R-40 Street /Hamlet Use District on Zoning Map District 1000 Section115 Block 11Lot 16 Current Owner Lawrence Higgins & wife Map No. Lot No. Prior Owner Howard Relocation Group 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 XXIII Section 100-239.4B 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal MMW (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 andwas made in Appeal No. ................................Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( X) A Variance to the Zoning Ordinance is requested for the reason that the expansion of the deck will provide the - opportunity for greatly increased enjoyment of the property by the owners, their family, and their guests. Form zst (Continue on other side) REASON FOR APPEAL • Continued • ayt, 9 `, t I. STRICT APPLICATIONMV1 60ANANCE would produce practical difficulties or unneces- sary HARDSHIP because it would preclude the expansion of the deck since minimum rear yard0VQtS ° >Xt+ements and minimum distance for construction behind a bulkhead could not be met. i 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because the configuration of the prop— erty and its topographical characteristics, together with the location and orientaion of existing structures (the house and deck) , suggest the proposed deck expansion design as the most practical method of ensur- ing the best use and greatest enjoyment of the property by the owners. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE, CHARACTER OF THE DISTRICT because the expansion of the deck is in keeping with the customary uses of property in the Town and in the immediate area, both from the stanpoint of actual use and from the standpoint of design, construction, and aesthetic appeal. STATE OF NEW YORK ) ) ss ....... . . .......... .......... . ........ .... ........ . ... s..... COUNTY OF ) /% Sf ture Sworn to this ..............-�_4.................................. day of..............YYIAY................................. 1972-- .!.r."^ �.......... Notary Public NOTARY A BE R.MIN R New York No.48531108:Suffolk County Commission Expires February 18,19.V TOWN OF SOUTHOLD PROPERTY RECORD CARDij OWNER STREET ,�.r, VILLAGE DISTRICT -SUB. LOT A xp pll r¢,nce R ns� cy 12�t Y FORMER OWNER o 1� LUC Si{ w7 - E 4'� C 10.� ACREAGE �� z { S Wj TYPE OF BUILDING " RES. a�0 SEAS. VL. FARM COW IND. CB. I MISC. LAND IMP. TOTAL DATE REMARKS 'Too 37oo 1f700 s - _ ; F 4100 3 o p s�s-wo > / 2- t —d S3oa G �d-o d— L � Cti ,T706 % ad,- S6o0 20o j 7 v o G900 3/76 # "/-,3ov 5 LT G C L GE B . ING ON IT N - 8 oc� i �o g-� ! 3 444- _h ,',In_ rp+ -4o NEW NORMAL BELOW ABOVE 1 i 7 -L S ass_ryylJ Ise lx ,G,__ ,, 1c �,,.,.�l ns f Farm Acre Value Per Acre Value `°� �� 00-_ Tillable 1 r Tillable 2 90 r Tillable, 3 7 P — i o e ' Woodland D0. Sw6mpland Brc hland - Housse Plo' c, 2 �,-v - Total ' ._ . W INV 7t 405 ON ■■■■■■■■o111tW■I�■■■■■■ a.: Boil■■■el■■■■■■I D=s1 MEMO ■WEI[MAMIY■■■■■I! ■i■■■ ; -�� •� ■■SINEEMI■■■■■■I! ■Boom • K _� ■■MENNOM■■■■■D!■eSEEM ■■■■f�■■■■SIB■■■11�>fo■■■ ■■■■■■■■■mnnt ■w■■■■■ • r r . h Rooms Ist-Floor r • I t E_Yr F 2 of IN E .� ; , i•-. AT x 6e���.� zo rz1�Nr. �t79 5tC2'E. Of WAY _ �.?g�fCJ W. IOO.O jQO.CY s. ; TO Ymf_gP. "Dx-.1= cm -- /� MON.0.04 B.,O.lvw. 0 MP. N. 0.�,1B 5CALl LE- ty f� 3 - - � 6NOED MAfI. S$, 1992, MAY 7, 199Z- 25_-`O Cs�l�ortnise pp �,,� ,. a>,leaf .,t�er�not r�,-r..3 Caefanten kWk&W fwwn Owlr+n -' tJ\MP Pp.;f• only m tM Deteon far NMar tha �•n_�. ' le!k'•e"re(and on Ms beh if to t i - ;t.s.,�, _- Y{�,�r .. t 73 r ;ram sny Aovetnnrent i •<:J �O' A tad.- rs:• as of the t L1A�i�tJ k.D rq AMECICAN TITLE INSLW,-'ANGE• C3, t �D c ,kYhl! t i7 "� ate on;�:s� /It3G5. tti� AS 50WE 'ER- XT33,11W ,:A N1p,P uA'."A two I I5- i I 16. Fr ' D P�G A�!AL 12 i�qro gyp` CATUM=MG;AH L 'Jffl N.Cz.V.Q, �L i.�. vl.lfw��>a�`�''.7fc�• v• �"NPL i�Tt N•Y� � � � � JO 0 H APPEALS BOARD MEMBERS y�L3J ���� SCOTT L.HARRIS Gerard P.Goehringer,Chairman o , , s Supervisor Charles Grigonis,Jr. " _• Town Hall,53095 Main Road Serge Doyen,Jr. J r '' James Dinizio,Jr. `.!t, P.O.Box 1179 Robert A. Villa �1 `fir Southold,New York 11971 Fax (516)765-1823 Telephone (516)765-1809 Telephone (516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD July 7, 1992 Mr. James E. Fitzgerald, Jr. Proper-T Services P.O. Box 617 Cutchogue, NY 11935 Re: Appl. No. 4106 - Mr. and Mrs. Lawrence Higgins Dear Mr. Fitzgerald: Please find attached a copy of the Board's findings and determination rendered at our June 30, 1992 Regular Meeting concerning the above application. It will be necessary for the applicant to return to the Building Inspector and any other agencies which may have jurisdiction on this project for issuance of appropriate permits. Copies of this determination have been forwarded to the Building Department (and the Suffolk County Department of Planning pursuant to the Administrative Code of Suffolk County which governs projects within 500 feet of the sounds, creeks, estuaries, county lands, etc. ) . Very truly yours, Linda Kowalski Enclosures Copies of Decision to: Southold Town Building Department Suffolk County Department of Planning Page 21 • • Public Hearing Southold ZBA 6/4/92 - Higgins or 3) weeks, and I will be ready to commit hari kari okay. They needed this deck on April 30th for a wedding, okay. Based upon, and I am not answering for you, stop me if I am incorrect at any time, but Mr. Fitzgerald had some problem with the DEC in determining the age of the bulkhead and requiring a waiver from the DEC. I assume you got that eventually, or you are getting it, or you are going to get it or whatever. MR. LAWRENCE HIGGINS: Yes. CHAIRMAN GOEHRINGER: Okay, because the bulkhead was put in when, 1968? MR. FITZGERALD: This is Corso next door, he thinks it was sometime between 155 and 170. CHAIRMAN GOEHRINGER: Okay, which is well prior to the 1976, 1977 date. Right, okay. So, therefore, when I spoke to Mrs. Higgins, I told her we could not give her permission to commence with the deck. However, I did have three (3) Board members go down and look at it and I did not have any disgression with Mrs. Higgins after that. SECRETARY KOWALSKI: This wasn't filed by the way until May 12th, so we didn't get involved in it until May 12th or. . . CHAIRMAN GOEHRINGER: Right, on or about that date, okay. Because of the elevation factor, I don't have a particular problem with the deck. I thought only, the only thing that concerned me was this fence area that I was referring to, which is attached the top rail towards the house on the westerly side. And I just didn't know if everybody here has looked at the deck, in its completed form. Have you looked at it Jim. MEMBER DINIZIO: No, I wasn't aware that it was built, I was going to go down there, but I didn't. MEMBER VILLA: I was there before. CHAIRMAN GOEHRINGER: Alright, so what will happen here is we will close the hearing pending another inspection of the deck. Alright, and then we will make a decision, based upon that decision. MR. FITZGERALD: Jerry, I can see that this. . . . CHAIRMAN GOEHRINGER: As I said, I am not. . . MR. FITZGERALD: Does it look like a permanent thing? CHAIRMAN GOEHRINGER: Yea, it is part of the rail, okay. It is a part of the rail, okay. Again, I am not making a big deal, I just, it was just something that I hadn't seen before, okay. And I. . . so. And you know, if there is any discussion or anything, we will be forced to reopen Page 22 • Public Hearing Southold ZBA 6/4/92 - Higgins the hearing, that is basically it. But we do appreciate your coming down tonight. I know you had another situation that, personal situation, which might have taken you. MR. HIGGINS: First things first. CHAIRMAN GOEHRINGER: Okay, thank you again. MR. HIGGINS: Thank you. CHAIRMAN GOEHRINGER: Is there anybody else who would like to speak in favor of the application. Anybody like to speak against the application? Questions from Board members? Hearing no further questions, I make a motion closing the hearing, reserving decision until later. Y � �✓tha'1xL- Lorraine A. Miller (Transcribed by tapes recorded 6/4/92) CvO jLC' COUNTY OF SUFFOLK 17 !4 J CK'] ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING ARTHUR H. KUNZ DIRECTOR OF PLANNING July 10, 1992 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Vangi, Mr. & Mrs. Antonio 4104 Aiggins, Lawrence & Marilyn 4106 Leahy, Margaret 4109 Very truly yours, Arthur H. Kunz Director of Planning S/s Gerald G. Newman Chief Planner GGN:mb H.LEE DENNISON BUILDING ■ VETERANS MEMORIAL HIGHWAY 0 HAUPPAUGE. NEW YORK 11788 0 (516) 853-5192 APPEALS BOARD MEMBERS �p��VF�F'OC,tC4G SCOTT L.HARRIS Gerard P.Goehringer,Chairman o tLU y` Supervisor Charles Grigonis,Jr. �+ x Serge Doyen,Jr. p ` 1 ^r Town Hall,53095 Main Road James Dinizio,Jr. P.O.Box 1179 Robert A.Villa 1 ;y; dap Southold,New York 11971 Fax (516)765-1823 Telephone(516)765-1809 Telephone (516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD Pursuant to Article XIV of the Suffolk County Administrative Code, The Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: XX Variance from the Zoning Code, Article XXIII Section 100-239. 4 Variance from Determination of Southold Town Building Inspector Special Exception, Article Section Special Permit Appeal No : 4106 Applicant : Lawrence & Marilyn Higgins Location of Affected Land : 830 Lupton Point Road, Mattituck, NY County Tax Map Item No . : 1000- 115-11-16 Within 500 feet of: Town or Village Boundary Line Xxx_ Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines , or Within One Mile of a Nuclear Power Plant Within One Mile of an Airport Comments : Applicant is requesting permission . to expand deck by approximately 480 sq. ft. which will be located within 75 ' of existing bulkhead. Copies of Town file and related documents enclosed for your review . Dated : July 9, 1992 Q FOIK��Gy� JUDITH T. TERRY Town Hall, 53095 Main Road TOWN CLERK O am P.O. Box 1179 REGISTRAR OF VITAL STATISTICS Southold, New York 11971 MARRIAGE OFFICER y� Fax (516) 765-1823 Telephone (516) 765-1801 1 l� OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Zoning Board of Appeals FROM: Office of the Town Clerk DATE: May 14, 1992 RE: ZONING APPEAL APPL. NO. 4106 - LAWRENCE HIGGINS BY JAMES E. FITZGERALD Transmitted herewith is Zoning Appeal Appl. No. 4106 - LAWRENCE HIGGINS BY JAMES E. FITZGERALD together with a copy of a letter from Proper T Permit Services, a letter from Mr. Higgins, the Notice to Adjacent Property Owners, the Notice of Disapproval from the Building Department, the Short Environmental Assessment Form, a copy of the Vicinity Map, a copy of the Tax Map, a copy of the deed, a copy of a letter from the Board of Town Trustees, a copy of a Project Plan, Project Site Photos, and a Survey Map of the Property. Judith T. Terry Town Clerk Proper-T Permit Services POST OFFICE BOX 617,, CUTCHOGUE, NEW YORK 11935 (516)734-5800 May 12 , 1992 Chairman Southold Town Board of Appeals Town of Southold Town Hall , 53095 Main Road Southold, New York 11971 Re: Application for a Variance, SCTM #1000-115-11-16 ; Lawrence Higgins Dear Sir : Enclosed are the documents prepared in support of the application for a variance and appeal from the decision of the Building Inspector for the expansion of the existing deck on the property of Lawrence Higgins located at 850 Lupton Point Road in Mattituck. Proper-T Permit Services represents Mr . Higgins in this matter, and a letter of authorization is attached. If you need more information or have any questions , please call me . Y rs trul Ja s E. i g r ld, Enclosures : Application Fee (Check, $1 0) Letter of Authorization Application ( 3 copies) Notice to Adjacent Property Owners Short EAF Vicinity Map Tax Map ZBA Questionnaire Copy of Deed Notice of Disapproval (Building Department ) Project Plan Drawing Survey of Property (4 on finals ) Project Site Photographs Trustee Waiver (copy) a subsidiary of THE PECONIC EASTERN CORPORATION a total lot area of 19,985 sq. ft. 3. 7:40 p.m. Appl. No. 4109- (and the westerly side of Sunset and is located in the R-40 Zone MARGARET LEAHY. This is Way) at Bayview, Southold, District. Location of Property: BOARD OF APPEALS an Appeal of the April27, 1992 N.Y.; also known as Cedar 305 Gull Pond Lane,Greenport, TOWN OF SOUTHOLD Notice of Disapproval from the Beach Park,combined Lots No. N.Y.; County Tax Map Parcel NOTICE OF HEARINGS Building Inspector, Article Ill- 158 and 159; County Tax Map No. 1000-35-4-5 (now 28.25); A, Section 100-30A.3 for per- Parcel ID No. 1000-91-1.5. also known as Lot 10, Map of NOTICE IS HEREBY GIV- mission to construct deck addi- 7. 8:05 p.m. Appl. No. 4112- Fordham Acres, Section One. EN, lion to existing f HENRY AND BETTY HINT- 11.825 p.m.Appl.No.4098- The pursuant to Section ode of B root porch with TONY AND MARIA an insufficient front ZE. A variance is ue The Town law and the Code of yard set- � sled KOSTOULAS. (Hearing is the Town of Southold, the back.This parcel has a noncon- under Article XXIV, Section reopened and continued from following matters will be held forming lot area of 12,500 sq.ft. 100-244B for permission to con- the May 7, 1992 concerning an for public hearings before the and is located in the R-40 Zone struts deck addition and with a Appeal for a Variance to the SOUTHOLD TOWN BOARD District. Location of Property: setback at lus than 75 feet from Zoning Ordinance, Article OF APPEALS at the Southold 1185 Wiggins Lane, East the existing bulkhead, and XXIII,Section 100 239.4 for ap- Town Hall, 53095 Main Road, Marion, N.Y.; Cleaves Point, under Article III,Section 100 33 proval of deck extension (at or Section Three, for small accessory shed in the ground level) and fence Southold, New York 11971, on ee, Lot No. 79; front near Thursday, ,tune 4, IM, com- County Tax Map Parcel No. �'This parcel contains with an insufficient setback 1000-35-5-8. a total lot area of in the 80 from the L.I. Sound bluff line. mencing at the times specified ft. and is located in the R-80 below: 4. 7:45 p.m. Appl. No. 4101- Zone District.,Location of Pros Location of Property: 1035 1. 7:30 p.m. Appl. No. 4107. -JOHN ROWAN(Property now perry.Rightof-Way extending Aquaview Avenuq East Marion, RENEE PELLETIER. This is or formerly of LUCIEN AR- N.Y.; County Tax Map Parcel off the easterly side of Pipes No. 1000-21-2-13.This roperty an Appeal of the May 14, 1992 CAS). This is an appeal under Neck Road, Greenport, N Y. Ta ; is nonconforming as rototal lot Notice of Disapproval issued by Article XXIII,Section 100.239.4 County x Map Parcel No. the Building Inspector for a for a deck addition with an in- 1000-53-1- 15. area in this R-40 Zone District. Variance to the Zoning Or- sufficient setback from the nor- 8. 8:10 p.m. Appl. No. 4106- dinance,Article XXIV,Section therly property line.This parcel LAW RENCE P. AND 12.830 p.m.Appl.No.3975- 100-244B for permission to con- has a nonconforming lot area of MARILYN HIGGINS. A ARTHUR G. CARLSON. struct a raised wooden walkway33,637 sq. ft. in this R-40 Zone (Continued from March 25, District. Location of Pro variance is requested under At. 1992).This is an Appeal extending from the (easterly) PertY: ticle XXIII, Section 100-239.4 r for an front door to the existing 435 Soundview Avenue Exten- for permission to expand deck Interpretation resulting from the Sion, Southold, N.Y.; Count October al 1992 Notice of (southerly)side deck. The pro- Y by approximately 480 sq.ft.,ex- Disapproval from the Building posed walkway is five feet in Tax Map Parcel No. tending the existing dec Inspector, as amended, under width, located with an insuffi- 1000-50.2-16. seaward approximately 13 feet Article III, Section 100.31A(2) dent front yard setback. This 5. 7:50 p.m. Appl. No. 4111- all of which will be located for approval of a wholesale parcel has a lot area of 13,634 JOHN G. AND MARIE within 75 feet of the existing shellfish distribution business sq.ft.and is located in the R-40 ELENA BRIM. Request to bulkhead. This parcel contains and declaring that the Zone District.Location of Pro- Amend Variance to locate ac- a lot area of approximately � pproximatel aquacultural use falls within the perry: 550 Fasbender Avenue, cess°ry tennis court partly in the,;() 19,200 sq. ft. and is located in purview of the agricultural use. Peconic;also referred to as com- front yard and side yard and the R-40 Zone District.Location The subject parcel is located in bined Lots No. I to 5,inclusive, with an insufficient setback of Property:830 Lupton Road, the Agricultural-Conservation Map of Bailey Park filed from nearest wetlands, all as Mattituck, N.Y.; County Tax (A-C) Zone District and con- 9/26/32 as No. 1097. County shown on the Amended Plan Map Parcel No. 1000-115-11-16. tains a total area of 40,000 sq. Tax Map Parcel ID No. prepared May 12, 1992 by 9. 8:15 p.m. Appl. No. 41 ft. Location of Property: 1575 1000-67-6.4. Chandler, Palmer&King. The ANTONIO VANGI. A var. Lower Road, Southold, N.Y.; 2. 7:35 p.m. Appl. No. 4108- provisions under which this iance is requested under Article County Thx Map Parcel No. DANIEL AND PAMELA Amendment is requested are Ar- XXIV,Section 100-244 and Ar- 1000-69-5-13.2; also known as TUTHILL. Special Exception ticle 111,Section 100-33,and Ar- ticle XX[lI,Section 100-239.4A Lot No.3 of the Minor Subdivi- to the Zoning Ordinance, Arti- ticle XXIII, Section 100-239.4. for sion of Judith T. Terry approv- cle III, Section 100-30B 16 for I Location of Property:Norther- Permission to construct ad- ed by the Southold Town Plan- ( ) 1dition to dwelling with a reduc- nin Board 10/1/79. permission to establish a "Bed y side of Private Road (exten- ed easterly side yard and within B and Breakfast Use,'in conjunc- ding off East End Avenue), 100 feet of the top of the L.I. tion with the single-family Fishers Island, N.Y. ; FIDCO Sound bluff. This parcels con- The Board of A l residency by the owner.This use Block 18, Combined Lots IA tains a total ara of 25,135t sq. said time and place hear any will and is to be accessory and subor- and IB,having a total land area ft. and is located in the R-40 all persons or representatives dinate to the principal residen- of 3.56t acres in this R-120 Zone District.Location of Pro- desiring to be heard in the above tial use, is for the rental of not c Zone District. perty: 645 Glen Court, Cut- matters.Written comments may more than three bedrooms,and 6. 8:00 p.m. Appl. No. 4105- chogue,N.Y.;also referred to as also be submitted prior to the is for lodging and serving of JOHN J.FIORE.A variance is Lot No. 1, Map of Vista Bluff conclusion of the subject hear. breakfast to not more than five requested under Article III,Sec- filed on March 15, 1968 as Map ing•Each hearing will not start casual and transient roomers. tion 100-33 for permission to No. 5060; County Tax Map before the times designated This parcel contains a lot area I locate accessory swimmingpool Designation: 1000-83-1-17. above. For more information, of 1.3876 acres in this R40 Zone I structure and fence enclosed in 10. 8:20 p.m. Appl. No. 4110 please call 765-1809. District. Location of Property; an area other than the required (filed May 19, 1992).THOMAS Dated: May 18, 1992. 32660 County Route 48(and the rear yard. This parcel contains E. COFFIN. Variance to the BY ORDER OF THE westerly corner of Carroll an area of approximately 28,000 Zoning Ordinance, Article I SOUTHOLD TOWN BOARD Avenue),Peconic N.Y.;County sq.ft.and is located in the R-80 XXIII, Section 100-239.4 for OF APPEALS Tax Map Parcel No. Zone district. Location of Pro- permission to construct addition GERARD P. GOEHRINGER 1000-74-3-11. perty: 3100 Cedar Beach Road within 75 feet of the existing 1 CHAIRMAN bulkhead. This parcel contains j By: Linda Kowalski 1X-5/28/92(81) COUN-I'Y : N FOLK SS: S'I'A'I'li OF l ORK Patricia Wood,' being duly sworn, says that she is Editor, of "I'HE LONG ISLAND TRAVELER•WA,rawk it public newspaper printed at Southold, in Suffolk Cour and that the notice of which the annexed is a printed co has been ,published in said Long Island '1'raveleWa(chn once each week for . . . . . . . . . . . . . . . . . . . . . . . . . . , we successively, commencing on the . . . . . . . . . . . . . . . . . . . d i y o I' . . . . . . . . /.�!��7 . . . .. 19 Sworn (o before me (Iris . •. . . . . . . . . . . . . . . . . . . . da . . .. �. . . . . . . , 19 eQ• . . . . . . . . . . . . . . . . . . Notary Public BARBARA A. SCHNEID NOTARY PUBLIC, Slete of Nt No. 460GS46 Qualiliorl in Sullolk Co 1 Commission Expires 17, r APPEALS BOARD MEMBERS SCOTT L.HARRIS Gerard P. Goehringer,Chairman Supervisor Charles Doyen, Jr, , Town Hall,53095 Main Road 1179 Serge Doyen,J . l James Dinizio,Jr. „s P.O.Box Robert A.Villa i Southold,New Yoorkrk 11971 Fax (516)765-1823 Telephone (516)765-1809 Telephone (516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD 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, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure Page 20 • • Public Hearing Southold ABA 6/4/92 APPEAL # 4106 Applicant(s) : Lawrence P. and Marilyn Higgins Location of Property: 830 Lupton Point Road, Mattituck, NY County Tax Map No. : 1000-115-11-16 The Chairman opened the hearing at 8:12 p.m. and read the Notice of Hearing and Application for the record. CHAIRMAN GOEHRINGER: The existing deck was presently there, the nature of this application is a 13 x 42 deck approximately added to that and we will ask the agent for the applicant what the approximate distance is to the bulkhead. Mr. Fitzgerald. How are you. MR. JIM FITZGERALD: I'm fine, how are you? CHAIRMAN GOEHRINGER: Good thanks. MR. FITZGERALD: Should I approach the bench? CHAIRMAN GOEHRINGER: Wherever you like. No that is just somebody that. . . . I MR. FITZGERALD: Got started. CHAIRMAN GOEHRINGER: The approximate distance to the existing bulkhead now that the deck is added is what? MR. FITZGERALD: Thirty-six (36) feet. CHAIRMAN GOEHRINGER Thirty-six (36) feet. Okay. I was over the other day, I did see the deck. I was only, the only thing that was a little disconcerning to me was this visor effect that they had placed toward the house. It looked almost like a privacy fence which was attached to the existing rail of the deck. And that is the only thing I didn't. MR. FITZGERALD: I didn't know anything about it. CHAIRMAN GOEHRINGER: Yea, I didn't know how the rest of the Board felt about that, we will ask them, okay. Did you have any questions of Mr. Fitzgerald? MEMBER VILLA: This deck has been built. CHAIRMAN GOEHRINGER: Yea, what happened was, Mr. & Mrs. Higgins, whom I have known for about twenty (20) years, were intending to have this built, I am really great, they should just continue this environmental whatever is falling from the trees out there for another two or three (2 JUDITH T. TERRY Town Hall, 53095 Mai& Road TOWN CLERK P.O. Box 1179 REGISTRAR OF VITAL STATISTICS Southold, New York 11971 MARRIAGE OFFICER Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Zoning Board of Appeals FROM: Office of the Town Clerk DATE: May 14, 1992 RE: ZONING APPEAL APPL. NO. 4106 - LAWRENCE HIGGINS BY JAMES E. FITZGERALD Transmitted herewith is Zoning Appeal Appl. No. 4106 - LAWRENCE HIGGINS BY JAMES E. FITZGERALD together with a copy of a letter from Proper T Permit Services, a letter from Mr. Higgins, the Notice to Adjacent Property Owners, the Notice of Disapproval from the Building Department, the Short Environmental Assessment Form, a copy of the Vicinity Map, a copy of the Tax Map, a copy of the deed, a copy of a letter from the Board of Town Trustees, a copy of a Project Plan, Project Site Photos, and a Survey Map of the Property. Judith T. Terry Town Clerk 1. TOWN CLERK 43464 TOWN OF SOUTHOLD Suffolk County,New York Phone 516-765-1601 Southold,New York 11971 Date 19 9 2 "� }" " n RECEIVED OF!LA-L -(..EP/K[.°cam `-6214 -mil-+ l'J77�n A, y } / )6i C-- Dollars$ JFor T Judith T.Terry,Town Clerk Cash ❑ Check-D' 7` / By JUDITH T. TERRY Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1179 REGISTRAR OF VITAL STATISTICS % Southold, New York 11971 MARRIAGE OFFICER - Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Zoning Board of Appeals FROM: Office of the Town Clerk DATE: May 14, 1992 RE: ZONING APPEAL APPL. NO. 4106 - LAWRENCE HIGGINS BY JAMES E. FITZGERALD Transmitted herewith is Zoning Appeal Appl. No. 4106 - LAWRENCE HIGGINS BY JAMES E. FITZGERALD together with a copy of a letter from Proper T Permit Services, a letter from Mr. Higgins, the Notice to Adjacent Property Owners, the Notice of Disapproval from the Building Department, the Short Environmental Assessment Form, a copy of the Vicinity Map, a copy of the Tax Map, a copy of the deed, a copy of a letter from the Board of Town Trustees, a copy of a Project Plan, Project Site Photos, and a Survey Map of the Property. Judith T. Terry Town Clerk APPEALS BOARD MEMB• S1dFF0J/(coG SCOTT L.HARRIS y� Gerard P.Goehringer,Chairman Supervisor o Charles Grigonis,Jr. ca Z Serge Doyen,Jr, py �� Town Hall,53095 Main Road James Dinizio,Jr. �1J� a0 P.O.Box 1179 Southold,New York 11971 Robert A.Villa Fax (516)765-1823 Telephone (516)765-1809 Telephone (516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD June 4 , 1992 i.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4106 Project/Applicants: Lawrence & Marilyn Higgins County Tax Map No. 1000- 115-11-6 Location of Project: 830 Lupton Point Road, Mattituck, NY Relief Requested/Jurisdiction Before. Thti.slBoff�i in phis Pro a t• Permission to expand deck by approxima e y sq. ft. , ext�nc�Cing the existing deck seaward approximately 13 feet, all of which will be located within 75 feet of existing bulkhead This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Farm has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 1990) . Although this action is classified as Type II for this variance application under SEQRA {specifically 617. 13, 616.3(j ) , and 617.2(jj ) ) , this determination shall have no affect upon any other agency' s interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at ( 516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. me 850 Lupton Point Road Mattituck, New York 11952 March 30 , 1992 Chairman Southold Town Board of Appeals Town of Southold Town Hall , 53095 Main Road Southold, New York 11971 Dear Sir: Please be advised that I hereby designate and authorize James E. Fitzgerald, Jr. of Proper-T Services to act in my behalf as my agent in the submission and processing of an application for a variance for the construction of a deck on my property located at 850 Lupton Point Road and designated by Suffolk County Tax Map No. 1000-115-11-16, and to furnish, upon re- quest, supplemental information in support of the application. Yo truly, La rence . Hi ns ,14•16-1(2571—Tes112 PROJECT I.D.NUMBER 617.21 t SEOR Appendix C State Environmental Ouality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART 1—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT SPONSOR 2. PR JECT NAME James E. Fitzgerald, Jr. Higgins deck expansion a. PROJECT LOCATION: Municipality Mattituck County Suffolk a. PRECISE LOCATION(Street address and road intersections,prominent landmarks,etc.,or provide map) 8.50 Lupton Point Road: see attached maps. S. IS PROPOSED ACTION: ❑New M Efroansion ❑Modiflcatlon.1teratlon 6.-DESCRIBE PROJECT BRIEFLY: Expand existing wood deck by approximately 480 s .f. , extending approximately 13 ' seaward of existing deck. 7. AMOUNT OF LAND AFFECTED: Approx 480 Elf Initially acres Ultimately acres B. WILL PROPOSED DD--A1ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ❑Yes YJNo If NO.describe briefly Variances will be required regarding rear yard setback and construction within 751 behind bulkhead. 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? LJSResidential ❑Industrial '❑Commercial ❑Agrieulture ❑ParklForesUOpen space ❑Other Describe: Medium-sized private residences; area zoned R-40. 10. DOES ACTION INVOLVE A PERMIT APPROVAL OR FUNDING.NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL. STATE OR LOCAL)? ®Yea ONO It yes,list agency(s)and permivapprovals Waiver from Southold Trustees ; Non-jurisdiction from NYSDEC. St. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ❑Yes ®No If Yes,list agency name and permil/approval - 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION? ❑Yes ®No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE James E. aid, Jr/Proper-T Permit Services Applicandsponsor ame: or own en H1 'n - Da1e; 5/12/92 Signature: Il t action is in the astal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding With this assessment OVER 1 (Cor,t_r,_"A The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will be made Ly this o0ard before any action is taken. SHORT ENVInONMENTAL ASSESSMENT FORM INSTRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed that the prenarer will use currently available information concerning the project and the likely impacts of the action. It is not expected that , additional studies, research or other investigations will bs undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? _YesNO 2. Will there be a major chance to any unique or unusual land form on the site? _Yes -&No 3. Will project alter or have a large effect on an existing body of water? Yes -&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 JLNO 6. Will project affect any threatened or endangered plant or animal species? Yes -&-No 7. Will project result in a major adverse effect on air quality? Yes x No B. 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 K No 9. Will project adversely inoact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? _ Yes YLNO lo. Will project have a major effect on existing or future recreational opportunities? Yes _K_No 11. Will project result in major traffic problems or cause a major effect to existing transportation systems? Yes x No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project-s operation? _Yes _&No 13. Will project have any impact on public health or safety? _Yes _K_No 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year Yes 4,No period or have a major negative effect on the character of the aco=uityneighborhood? 15. Is ther pub ie nccrni ho project Yes No Preparer-s Signature:Representing: Za ^�'�� 5/12/92 TRUSTEES • MCC • SUPERVISOR John M. Bredemeyer, III, President = S� SCOTT L.HARRIS Albert J. Krupski, Jr., Vice President y Henry P. Smith 5 • Town Hall John B. Tuthill 53095 Main Road William G. Albertson �Oj �'a� P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD March 27, 1992 James Fitzgerald Proper-T Services P.O. Box 617 Cutchogue, NY 11935 RE: Higgins SCTM #1000-115-11-16 Dear Mr. Fitzgerald: The following action was taken by the Southold Town Board of Trustees on Thursday, March 26, 1992: RESOLVED that the Southold Town Board of Trustees grant a waiver to add a 13 ' X 42 ' addition to an existing deck as shown on application. If you have any questions, please do not hesitate to call. 4 V ryV ry truly yours, � John M. 7rederneyer, (/III President, Board of Trustees JMB:jmt cc: ZBA K^h��li cry W LU PROJECT PL2�N Application No. regarding the property of LP.W R ENCE HI GC3IN6 Suffolk County Tax Map No. 1000-115-11 16 Represented by Proper—T ear vi caa P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 516-734-5800 Sheet of March 16, 1992 r 1 FAA 0"WAT 1MIa Lam W. xt stews"T"PWWWFT_ \J 1 TMs ownamwwr shoots as um IT LAUVM GMT. Lsrt / TW McDEMTLIIIt awd th. n do d Novoml,er n«.wte he 4 red 17 630 9 !1l7R[JC[I , I cr'thty-f Fi ht MEN— TRD HE RELOCATION0 SOangeOAvenueNewi Jersey eton corporation, lporaew tion, lth 7039ttiees T+nt 1 rlr ir.. P_u,atl 1��7s LAWRENCE P. NIGGLdS and MARILYN E. hIGGIM6, his wife, both tesidino at SSgsbee Road, Mattltuck, New York 11952, SNOMM E P'mr d A.w ' rn, `— ;' • n /eieta'TF4MF }n d arM e P d do �• in rmudrraion ofTm OWL,,OWL,,an.f 'lev vrl.nhlr ems. p+M don lint*(fit erad ,kae unto rle a«n.drruim «t,ra♦fa.nJ mym.!rle lorry rd rhr ernvd pert fxetwi. Mrry d rM r,md Pen.oe hero we n ALL ,.«r nt.M.PL'+. r-.r ,v Nftvi M L.'d. with tM hviMrnn so rmr.,a.rmenn flienrn -:trod, Oka".y"' "i Lupton s Point, in Mattituck, Town of Southold, County of ' Sutfolk +'nd Statc of New York, as more particularly bout ied and descrit«•d nu the .annexed Schedupv •A", THESE PREMISES are not encumbered by a credit line mortgage. THIS CONVE'fANCE is made in the re5ular course of business of the Party cf the first part herein. dot ' THIS CONVEYANCE is trade with the unanimous consent of the stock- - f holders of the : irty of the first part herein. SAID rRLMISES being known as 820 Lento• Point Road, Mattituck, -New York. IFf ff BEING THE SAME PREMISES conveyed to the party of the first part herein by deed recorded 7/-/88 in Liber 10639, cp. 141, E TOGETHER with a Righty" rt,v over a 20 toot wide Prlvat � Road to a-,d from q r aR•sf st_ hereby conveyed m tlarratonka Lau, and to and from Deep Hole Creek b/ a[ the end n! saki ?0 ion; Prlvrte road M Al / easterly end of Luptor Point. �!lns'LaaP Rolla Creek on the V(;30 1 TD(.LTHt R r•dr .il n !, n' ,:wrew, n ra t r.eda r6vnnA rM _h..,r.ln n4 r 1p:. he awtt Ltwr _ rmran n, r "F art! «r,Hy lina 3 rH dK fear Ld_rPM1•..', 1'R Plrit ..1 the A,« An r wd ,v wM mt. lt«.FTHFa with•k apPurnq„�,and w,. r,hrrf.n Arra•nl •me rhr M1e[d rtw ata.d pan. rhr hors 'm. Ttt HAVE AND To HDLD der a lure 'v,a r .r.-'n aM mrPm .1 rle r." M itv a'. air v.1• I..r ^t rte r,.mh.m rn roan.rho rk pv4 of rhr hru 1"" I_ n ,h„ — lo-n,�...L... .m6rn' �n m n thorn, ra "fl,r-,I anvhme rh;rr6t _ �t ` P.v No,. n,.rn, rb~.nr.�,or.r Lr n'n�..m rt+r¢re.nA ..If lh rr 1r,v L• , nmu rR.r tM prop d the 6n ti tv 'P,hrj hr r fry Ar P.'ot' ul p.r:nR rh, mu M :1..:m ^RI" mna: «rrh r«nrdrra••m n • '_rhr N)m,:..rd to -.r.d tR rmpr...rm,m larrrcf rvn rn r�"Tmrn'aN rill qph rh,wr fir« m Tie vor i 'P3,% .h,ll hr rrovnrA a d n read ' F. t An.•1 rhr r Ill nl rtv .,.•. Is"ens r,hrt pnea IN MTTN ..r-a.r rhr rn., rn rh, "t", W FM WHEREOF, o. p .ry rd ,h, hry nrr h a Juil cane, �. rh., dr•I :k tit end ten h.v a6a.t j rnurn _ L11 [v Prrr.r.+r or a, TfiE w J OCNTION CP.OL'4 ICOP,r DRATL SEA:,) An of I icer c r a `•'a S i1 �r • ;Y ��Y, 0y2 r. R`* -f lIt . 'a.n�ra ► n} A �1 ��k .: # ' ?fir rw•( z +� 1F"' _ { .. +. t .ty" t 1. ry rk_1 7 � l�}+ I i eV� ♦ ��'.�?v IlZ a.' � yf.;: t �. 1� t � , : 1 �4 ./� r • . I.. ..•� -.J .., cry.�.�.i 1. ,� �'.: /��:� * ..};, tr;�{.� y;4.•f/.- • e L .. .old r' tom., - �J• ,,.,I• , 7 ♦Y • • r w4 q_ �'f�.tl .. ; '�I �7 55*1/�w •4 rlr •I. ♦LIy..��j i �� ♦ ` , �Z • , � r • A r.rs i.I.S���•,/� aa. '� ,tiyc`::y i; ia r'•5-'i"�i.w1�v' �r is ��/ ,1 Y Vj ' � -u•x� =.•12Y -. s•�. yfy i e.�' '�7,�5'/.•�.F{, {Y� , . , a S 'ti.. • e•Y,n +w .L r.a.Y ..v . 4 . .....� ..'.t'n... L. ♦. .,. i ..• ak /:... � r �♦ f.'.' ,�'. :M. • n.ra aar,•f�r•.-a.•rwz,,.an , ..,r'......,�w nrr.,.r,arm ir..weJr(.eTwr r.wb r...i p eatNtar eeam�sates maawa ram asfaamNn-tts MraalAlNR M tM ae ,VrasA�.[��trle"L w— - al•adfaR -- -' eIOO[}{1RL'Dadr tke /ri?n aqd '{t/tiff .aWr nn kueer.a a.d �,,r,.y C,6"r �. RKUr1D -�-� De-wild N. Luchslrger and Judlth L. Luctisari.t�ger, Ms rife f - . � �i••T.a.. ar tr;G Iv.'.w, /hr't t•V/^'_in r r Ridl FS1Al1 .�- r+r of war lue Real.aid AA" 5 TR►V rip tAx $U FM V. �I- THE HOYARD R£.1^)CATION GRnuV ry , a New Jersey Corp Ny C7JJ4 _ �r par7 si the of iart, �o •[_ wn"a LTKtimt the path of tM brt An,in nal4A,tu,of T,n Th,llar,tM mb"r,us"won, _ - PO4 ny de rant ad a,r....;d Ran.&w herb, am*aM r.4aw a v,1f,Part) al the .emad Ran.It,extra oi�,and"man of the putt of the anal pan ber.er, ALL that certain plot, piece of parcel Of land, with the nuildfng■ and _ Improvements in t:tuckn erected, situate, lyin4 and being in Luptonra manPoint. In Natrftuck, Torn of Southold, County of Suffolk and State of New York, bounded and described as follows: COMIEMCING at A concrete monument set in the southerly side of the e� Private Road running from Mattatooka Lane to Deep Hole Creek, which said Concrete monument marks the northrtsterly cornet of the p'emisas about to be described and is distant 018.67 feet southeasterly irom theone intersection of the southerly side of said right of way and the easterly �1 side Of Marratooks Lane; RUNNING THENCE along the southerly side of said tight of ray, north 75 de0re a 45 minutes 1R seconds east a distance of log feet; T"Fjstest t south It degrees tie minutes St N seconds east a distance of 182.5R _ [ leer to the nigh rater line of Deep Note Creek; THENCE Along • tie line to the seconds r it. f Deep Mole Cteak Creek, south 69 degreee 27 minutes 60 seconds wait. . distance of 1e1.6d fastl TNCMCE north 19 degrees Id minutes 56 seconds west, a distance of 21e.76 -' fast to the southerly side of said right of ray at the point or place of NP.GlMNJNG. Tor•ta.r, ' 7%n7l Till R .,th an n gh,bt4 aM irrrr. A.t, 11 1 h, rtr of IM firm Ian m and to any f1 M,and r.o•I.dannrg 1Ir al.....k..rd..l ~ till.!0 .end tM Irnr .d Ib hew pars m "" to•'n'd :nn ite:N 1) HA theVE rE AND TO 11(14.10 tM 1•rrm.r,M.m r.rM mho'Ire he". TU Lt an of the r.nr A tti .r—i I.,tr'nrevrr. 1�y of the aroaW ryn,der hrna or aatoraaaura an'asagro d AVt)the part, .I Or I,., l.n .n..r.anr tf t It, part' d the Fit" part hat en, 4n r,, moaned anything r l.r.hr the .,n!. Trn.r. w,,I..n r.r.nnt++r.l m a war rtratr,rr,raaryt a. rnrr,aid AVL1 Irnl .n tti hr t ran n,, m rant:mr.nA Srrt:n it d the lien law, ,mama that the party of 1M bry pan .,a rr..rre.err e.o..d n1.m Irn th.r '. mn,r.anre and.,r m.ld the right to rneiv, stxh ro,sid. erati,a,a,a Ya.t hard in k grli-d Ern Ior 11.I.trr,a of parer it,,aa1 al the imprnw wvtt and rill ppi, it.s•mr bra rn tti lay' nt rd 0. an•t n:the 1A an, either rmp.o„ment Mar••sing aq pan of the•all d t4 sox is I- Tl.r.,I" n,- Jwh he nmar tr trd a. if n read 'panxi' rlxne,n the acme of this tinlent, p regoird — /l, IN YlRIffM w71QEGi.t x pony of the oral part hu dolt'arxared this deed the dal and+war tires Abor, rrinm .n initiatives OF: — t Cond. N. Luchsinger yy" Ir}i�}vt�,� ar t ')} «I .:�. �. y.;t, Iq,� e t,t. ! `Iri - . t��,r i'Jl H s J,Yr k ) t'•; s } i7 � � n.t ){ , ( ` 4f'1I,a rf .M'.r ib Lli�, h 4..w rt'1 (,q 1. •t� 7'•� �� 1 .f s x. 1 `../r{' a ,eft*. 7 t t - — . f.�t, Ir mr rW"ftw AM la,- in and .In 1 w am knr�n w M tM Indi,WW 6ernhM in sM r% •:c. atral«t Fe 7 i1Nrt�.eM. 6-1 afkn,ak�dg.d lb., enRlllFd IM ,1 1. .l'Fnll maltaNem. Md KrU�k 'Hgt4 thew sawL P. sawn. aaantad the aw. �- rarvnhc vtsr ����I�rr�_K.`fs�i� .aF...qF�_.a.1.01• ' .T. � t a..nn COIMIa I W.:. ..Ylr.l: t wre�r��uwr 11 � IM- aaaaaaaaaal seALla w rw wash[,ntaara w .a STA"w sew rasa.COON"w �— Q lkr Ikl of 10 . kl.wr nw (M Ov day of 10 . W" rat pe wa n,tamr retarm dh rare b w k" trhD,b^t[kr w 41011 ..e.n,dA deta.w aM thr w-.rtit m •ilrra. b IM frweeeine m.lNmrnl, tilh m! "M I am It r mfry wgrumted. thD. Mane hr w duly . .note,Ad&I-m anal ur that k mo&.w \o, kt Or a &r 1 e that he knems .t/e emprratrnn dnrtil ,h th:wh nwttled Timferee..me mtrtn+wn. slut Ir to br or indiliAml Ynat. dN .rat of gain elryttat. . that It. v,I atr"I *mTfb.d .a al.'t o#, etmdeA the larecifte inrtNment; b .aid in•a'urtrnt n .sh mrpFNw rat ft t that .o hr, mid hrrnNm tim ..e , ats p..em and sat a6Oad bt oNkt of tM 6wd of dtnebr. d vwt "Nona enerUe rlr uw;am that hr, said tdra A. bOk and dial NO Dowd h aatM tknw kt hka atdet. w tlN to < time mt aeibwd h a,ax as ntatw tlle"ta. �— aaaaati�� �t*fll so ask me* NnNIq"--I M.A Ml l.w•�tJ• 1. fell,.CID TQ`•� KUCt t:CUI "M itta'N SV«'Chi eaa MlljM aaeaeaa I To ^, - , r aar ar lba..aslt.t la►o.rw.rra.a ��— atrrarat n sun tO =: TIMOR Tn;.e GUARANTEE fin' '' ' S r Jl N!n zv � 41 Yf J] rlr IJf.S 62. Nd ' I L IT F �"eF 1 r ...aa`jh' •��. i �� S lf,.{'t"t _�'�a.t tt '�:F `) � 1':'. 1.•3 �.- �' �, �i a ��.{�-� �l(y_. .t(t .c � t .f.9��� j �F''....I � yak:. h1� a imb `- R-80 1 — Rao y A—C A l R-80 R-80 LB N [aks A-C R HD - �1 —RO / x A—C � it Creek yyfo 11{ 1r R F e r�� IOx rE I k ---�6m�E 13 11-10 Y — Q� roq FaAreo.yA ' • n, is • it _ T JIJ1 •1_ 17 1 .� L A KE / 9 _II rr IO al J ru �10 kl 11LLi .. :ems • . w , a a Co., P �_ Q_ - P © N F UFFOLK a COUNTY SOUTHOLD .w, Real Properly Tax Service Agency -- Nr,o� Co..Y C.n woo — 115 iPOPf91Y MAVI rfr�� OREGON W " 1 ` 11935 xr' Sia LA f e. O .i Q EA57 TfITUCK nR[+rm, � w � D �� / x^O �e r! r us: \ 35 ao O E. oYt \�)• ^:� �O ATTITUCKl° Q�t`c " — 1 Tn ': l ) �, ' // i •� ^E r� • { r oI rRORTN CORK JL l co uRivr C> 11952 ��.�I: � n; V � `' � trot nr<a Cr � Y R L IN/P/OFT �,,7zi _ Cle :.ore DO' 1i �`_ �� arratooka Pt O 9c e,yc a hi>•nu�znr. 7U •�� �'� E ,Pr �� Da- � 1- x5 -� NEW SUFFOLK M.ffjf lk Y.C. THE AREA OF THE PROPOSED PROJECT IS CIRCLED NOFTH RP LE r S VICINITY MAP 8UPPOLK COUNTY (NAGSTROM) f VICINITY MAP Application No. regarding the property of LAWRENCE HIC3GIN93 Suffolk County Tax Map No. 1000-115-11-16 Represented by Proper—T Set v.Y cae P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 516-734-5800 Sheet of March 16, 1992 40 RArOOKA AKC THE SITE OF THE PROPOSED 16 PROJECT IS CROSS-HATCHED • 'rJ-LX MAP SUFFOLK COUNTY, N.Y. District 1000, Section 115 9PJ.Lx Mjmkp Application No. regarding the property of X1j1LwFtlE;NCE: 11JEU43:rNs Suffolk County Tax Map No. 1000-115-11-16 Represented by P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 516-734-5800 Sheet of March 16, 1992 Date Documents Accepted for Filing: Apl. Fee Required: Appl. No. /O Application Incomplete for the Following Reasons: Date OK Application Form Not Signed or Notarized Notice of Disapproval not attached or in error Notice to Adjacent Property Owners Form or Certified Mail Receipts not attached / /One original survey is necessary Extra copies of survey map necessary Copy of Deed of Current Owner Necessary Environmental Assessment Short Form / / — Signed ZBA Questionnaire — If Applicant is a corporation, need — Disclosure Affidavit other information is awaited: Site Plan Layout or other drawings Copy of Contract if Purchaser is applying Single & separate search Finalization of SEQRA by PB, TR, etc. Other Review by ZBA, i.e. / / - o ® Southold Town Board ®f Appeals 01 raO� MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 IELEPIIpNP 1516) 7651809 ACTION OF THE ZONING BOARD OF APPL••ALL; Appeal No. 3397 Application Dated September 4 , 1985 ( Public Ilearing October 3 , 19,35 ) T0: Gary F1 anner Olsen , Esq . as [Appu,11,,rit (s) ] Attorney for DONALD W. AND JUDITH L . LUCHSINGIR , Main Road , Box 706 ----_-- --" — - - - Cutchogue , NY 11935 At a Meeting of the Zoning Board of Appeals held on M- Lobr-r , the above appeal was considered , and the action indicated 1)elocr was toko n on your - [ ] Request for variance Due to LLick of Access try property New York Town Law, Section 260-a [ 7 Request for Special Exception under the Zoi:ing Ordinance Article , Section [XI Request for Variance to the Zonine4 Ordinance Article XI , Section 100- 119. � B ) [ ] Request for Application of DONALD W. AND JUDITH L . LUCHSINGEk_ - App;:al No . 33J7 , Variance to the Zoning�r�tnance;Article XT, �ectlon IOU- 119. 2 ( B ) for permission to construct addition to dwelling with insufficient setback -from the ordinary highwater mark along Deep Hole Creek , premise: known as 830 Lupton ' s Point , Mattituc.k , NY ; County Tax Map District 1000 , Section 115 , Block 11 , Lot 16 . - - — - WHEREAS , a public hearing was held and ( oncIuded on October 31 1985 , in the Matter of the Application of DONALD W . AND JUDITH I- . �1 LUCHS_ , ppea No . 3397 ; and -.---INGER A --- -.--- --- - _—. WHEREAS , the board members have persundlly viewf�d and ,ire familiar with the premises in question and the surrourrdiny arfr,, ; ,ne{ W WHEREAS , the board has considered all testimony and documeritaton submitted concerning this application ; and it is nu Cud for the ru(,ord that there has been no public opposition ; and WHEREAS , the board made the followii,y findings of fuct : �J 1 . The property in question is located at the sout.tt side of a private right-of-way known as Lupton Point Road , extending off the east side of Marratooka Road , Mattituck , New York , is locaL"d in the "A" Residential and Agricultural Zoning District; , and is more particularly identified on the Suffoll: County Tax Map,, as District 1000 , Section 115 , Block 11 , Lot 10 . 2 . By this application , appellants request: permission to construct an open ( unenclosed ) deck of an area of 45(i !,q . it . and attached addition of an area of 110 sq . ft . to he placed at tlir rear of the existing single-family dwelling structui e , at an anylr, with the house set back from the bulkhead at its closet point not less than 45 feet and as shown on the skot.ched survey submitted with this application . 3. Article XI , Section 100- 119. 2 , sub-paragraph ( B ) , requir, s all buildings to be set back not less than seventy- five ( /5 ) feat from the ordinary highwater mark or the landward edge of tidal wetland , whichever is greater . 4 . The subject premises fronts along Lupton Poini, Road 100 (CONTINUED ON PAGE TWO ) DATED: November 5 , 1985 . CHAIRMAN, 11-()t!'1'If01.1) TOl1N ZOidINC 1:U7,P.G Form ZB4 (rev. 12/81 ) 017 APPEALS Page 2 - Appeal No . 3397 Matter of DONALD AND JUDITH LU_CHSINGER Decision Rendered October 24 , 1985 feet in width , and has an average depth of 191 . 67 feet and is improved with a single-family dwelling set back at its closest point to the existing bulkhead at 65 feet . 5. It is the understanding of the board that the present. dwelling ' s westerly sideyard is open and free of obstructions to a width of 18 feet , which will be maintained in order to provide access to the rear areas and which will not be further reduced . In considering this appeal , the board finds and determines : (a ) that the proposed construction is landward of existing struc- tures , inclusive of bulkhead in very good condition along waterlying edge of the premises ; (b ) that there are no wetlands affected by this construction ; (c ) that the circumstances of this appeal are:unique ; (d ) that there is no other method feasible for appellants to pursue other than a variance ; O will be served by allowing the variance , as noted below . of justice Accordingly , on motion by Mr . Douglass , seconded by Mr . Goch- ringer , it was RESOLVED , that the relief as applied under Appeal No . 3397 in p the Matter of the Application of DONALD W. AND JUDI TH F . LUCHSIn Fk , for permission to construct deck end addi tioii at _ a sr hick of not M less than 45 feet from the existing bulkhead , BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITION : That the deck area remain open as applied (except for the 2 ' 8" x 14 ' x 7 ' 9" x 10 '8" area slated for extended living floor area ) . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution was adopted by unanimous vote of all the members . 1 k GERARS P. 60EHRINGER , A1Rt4/IN November 6 , 1985 . 3 TOWN CLERK TOWN OF SOUTHOLD 43447 Suffolk County,New York Phone 516-765-1861 Southold,New York 11971 Date 19� RECEIVED O GAO O For 4 <46 b � Judith T.Terry,Town Clerk Cash ❑ 1- Check CJ /! By ' BOARD OF APPEALS TOWN OF SOUTHOLD In the Matter or the Petition of NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: Mrs. Joseph Corso Mr. William Markel PROPERTY OWNER 750 Lupton Point Road 950 Lupton Point Road Mattituck, NY 11952 Mattituck, NY 11952 YOU ARE HEREBY GIVEN NOTICE: 1. Th a intention of the undersigned to O"hibn the Board of Appeals of the Town of Southold to request 41Variance (Special Exception) (Special Permit) (Other) [circle choice] 1. 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 850 Lupton Point Road 3. That the property which is the subject of such Petition is located in the following zoning district: R-40 4 That by such Petition, the undersigned will request the following relief: Permission to expand existing open wood deck attached to house as shown in the attached drawing; relief requested is to construct with less than required rear wisetback and wtthtn t of butichead. 5. That the provisi��t�ryf the Southold To%vfb6oT Cade applicable to the relief sought by the under- signed are Article iiz Section `FB [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 7�5-1609. 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 da prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck W ch new published in the Town of Southold and designated for the publicatio suc otices; u ou -represe have the right to appear and be heard at such hearing. Dated: May 12, 1992 s E. itz ld, . r. Pr per-T Pe Services Petitioner for Owners ' Names : Lawrence Higgins Post Of ' eAddregs17 Cutchogue, NY 11935 Tel . No . ( AQ'71 ) 73y 5&n [Copy of sketch or plan showing proposal to be attached for convenience purposes . ] d PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS 1 P 861 033 201 P. 861 033 202 RECEIPT FOR CERTIFIED MAIL RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NO NOT FOR INTERNATIONAL MAIL INSURANCE COVERAGE PROVIDED (See Reverse) NOT FOR INTERNATIONAL MAIL (See Reverse) sMrs Joseph Corso Senlvr. William Markel St,MUd`Lupton Point Rd Streg""Lupttgqoddn Point Rd ' PPfa Ei"(+ e�C°0 NY 11952 POAdift"VilUCK� NY 11952 Postage S Posttaa'1gee 1 T. S Certified Fee �•+� s Certified Fee Special Delivery Fee Special Delivery Fee _ d Restricted Delivery Fee - Restricted Delivery Fee Return Receipt showing to whom and Date Delivered Return Receipt showing to whom and Date Delivered m Return R to whom, Date, elivery rn Return Receipt showing to whom, d q Date,and Address of Delivery TO A1; stlYi"�1 as S TOTAL PosI 5 8 P sm rk Oi� Poslma ate O V�� G 12 LL UW1. LL N p i STATE OF NEW YORK ) ss.: COUNTY OFSUFFOLK ) James E. Fitzgerald, Jr. residing at 385 Haywaters Drive u C ogue, being duty sworn, deposes and says that on the 12t11day of May 1992 deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at CutChogue, NY ; that said Notices were e t ch of said persons by (certified) R4194df7fdq marl. Sworn to before me this �- day R , 1992- a Notary Public JANE R. MINEAVA NOTARY PUBLIC,State of New York No 4853108,Suffolk County O - Commission Expires February 18, 19iS i i j i ( This side does not have to be completed on form transmitted to adjoining i property owners . ) ) PHOTO A. Looking NNE; stake in center marks Aim seaward corner of pro- ii posed construction, 5 r � ' PHOTO B: Looking E from existing�,- - ':,•� � ya, g deck, Stake marks SE corned of pro- posed expansion, � z PROJECT eSTE PHOTOS Application No. regarding the Droperty of LAW RENCE HSGG SNH Suffolk County Tax Map No. 1000-115-11-16 Represented by Propel--T SatvY Cea P.O. Boa 617, Cutchogue, Nl 11935 Janes E. Fitzgerald, Jr. 516-734-5800 Sheet of March 16, 1992