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HomeMy WebLinkAbout3998 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 ACTION OF THE BOARD OF APPEALS Appeal No. 3998: Upon application of HENRY AND MARY RAYNOR (Current Owner: Estate of Albert Mastropaolo). Variances requested: (1) for approval of access as required by New York Town Law, Section 280A over a private right-of-way extending off the north side of Peconic Bay Boulevard, Laurel, to premises identified as County Tax Map 1000-126-04-1,2,5; and (2) to the Zoning Ordinance, Article IIIA, Section 100-30A.3, requesting relief under the bulk area requirements of the proposed northerly parcel of 30,162 sq. ft. and the proposed southerly parcel of 27,062 sq. ft. The subject land is located in the R-40 Zone District, and is also shown on the "Map of A.L. Downs" as Lots No. 24, 25, 26, 27, 28, 29, 30. Containing a total combined area of 1.43+- acres. WHEREAS, public hearings were held on January 11, 1991, March 22, 1991 and April 30, 1991, 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, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located in the "R-40 Low Density Residential" Zone District and is identified on the Suffolk County Tax Maps as District 1000, Section 126, Block 4, Lot Nos. 1, 2, 5. 2. The subject premises as exists is vacant, contains a lot area, inclusive of upland and wetland areas, totaling 57,224 square feet, and is situated along a private right-of-way extending off the north side of Peconic Bay Boulevard as shown on the maps prepared by Peconic Surveyors, furnished on April 19, 1991. Page 2 - Appl. No. 3998 ~ppl. of HENRY AND MARY RAYNOR Decision Rendered June 7, 1991 (MASTROPAOLO, Owners) 3. By this application, appellants request Variances from the Zoning Code for approval: (a) proposed northerly parcel {ZBA Ref. Parcel A} of 30,162 sq. ft. and lot depth of 179.42 feet, and (b) proposed southeasterly parcel {ZBA Ref. Parcel B} of 27,062 sq. ft. and lot depth of 228.30 feet. Also requested is approval of access pursuant to New York Town Law, Section 280-A over the private right-of-way extending from the north side of Peconic Bay Boulevard to both lots. 4. Column ii of the Bulk Schedule for the R-40 Zone District provides for a minimum lot area requirement of 40,000 sq. ft. for each parcel and 250 lot depth for each parcel. 5. Board Members have viewed and are familiar with lots nearby along the westerly and southerly boundaries of the subject land. The subject land is bordered on the north and the east by Horton's Creek. 6. Article XXII, Section 100-239 of the Zoning Code provides that "...for the purpose of computing density...no land under water, unless filled pursuant to law, shall be included in computing the minimum lot area .... " The applicants have furnished the square footage of land area which is wetlands as flagged (by the DEC and/or Town Trustees); however, the actual high water mark has not been provided to show which portions of this land are under water or which areas have been filled. 7. In considering this application, the Board finds and determines: (a) that it is the burden of the landowner to prove that the area restrictions as applied to his land imposes "significant economic injury"; and the burden of proof has not been substantiated; {Matter of Cowan v. Kern, 41 N.Y. 2d 591 (1977); Matter of Fulling v. Palumbo, 21 N.Y. 2d 30}; although it is known that the premises consists of several lots on a 1929 Map of "A.L. Downs" filed in the Suffolk County Clerk's Office, no proof has been submitted to show good-faith intentions by the landowner to separate these lots during the past 35 years of zoning in the Town of Southold; (b that the relief requested is substantial in relation to the requirements, being a variance of 25 percent, and more of the requirements; (c) that the lots as laid out on the 1929 Map of A.L. Downs not only have not been exempted under the Town's zoning requirements but also is understood to lack necessary approvals from the County Health Department under Article 6; Page 3 - Appl. No. 3998 ~ppl. of HENRY AND MARY RAYNOR Decision Rendered June 7, 1991 (MASTROPAOLO, Owners) (d) the subject premises as exists of 57,224 sq. ft. is not over-sized when compared to the minimum requirement in this R-40 Zone District (of 40,000 sq. ft.); (e) that the difficulties claimed are not sufficient to warrant a grant of the relief requested; (f) the land is sloping and is environmentally sensitive with more than 450 ft. frontage along the water's edge of Horton Creek, which adversely creates more run-off other pollutants into the creek; (g) there will be a change in the character of the immediate area in this zoning district and a grant of the variances requested will in effect establish a zone district at odds with all other zone districts provided for in the Zoning Code (VanDusen v. Jackson 35 A.D. 2d 58); (h) the variance if granted will in turn cause a substantial effect on the safety, health, welfare, comfort, convenience, order of the town; (i) in view of the manner in which the difficulty arose and in consideration of all the above factors, the interests of justice will be served by denying the applica- tion as requested. Accordingly, on motion by Mr. Villa, seconded by Mr. Grigonis, it was RESOLVED, that the relief as to lot area and depth, requested under Appeal No. 3998 the Matter of the Application of HENRY AND MARY RAYNOR, BE AND HEREBY IS DENIED for the reasons stated above. Vote of the Board: Ayes: Messrs. Doyen, Villa and Grigonis. Nay: Chairman Goehringer (due to the preexisting nature of the subdivision map and character of the area, which consists of lots of the same or smaller size as that proposed). (Absent was: Member Dinizio.) This resolution was duly adopted by 3-1. i RECEIVED AND FILED BY S(J~THQLD TOWN Town Oer~, Town of Southold ROBERT A. VILLA, CHAIRMAN PRO TEM APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio. Jr. Robert A. Villa Telephone (5 ] 6) 765- ! 809 BOARD OF APPEALS TOWN OF SOUTHOLD LEGAL NOTICE 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 New York Town Law and the Code of the Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, 53095 Main Road, Southold, NY 11971, on TUESDAY, APRIL 30, 1991: 7:30 p.m. Appl. No. 4015 - MELVIN AND MOLLIE KURS. Variance to the Zoning Ordinance, Article XXIV, Section 100-239.4A, Section 100-244B, for permission to construct addition with an insufficient frontyard setback from the westerly property line, over existing patio. Location of Property: 360 Miami Avenue, Peconic, NY; County Tax Map District 1000, Section 67, Block 06, Lot 016. 7:33 p.m. Appl. No. 4014 - JESSICA W. BARNARD. Variance to the Zoning Ordinance, Article III, Section 100-33 for permission to locate accessory building in an area other than the required rear yard. Location of Property: 4240 Paradise Point Road, Southold, NY; County Tax Map District 1000, Section 81, Block 3, Lot 7.. Page 2 - Boand of Appeals Notice of Hearin§s . Regular Meeting - April 30, 1991 7:38 p.m. Appl. No. 3988 ANTONIO VANGI. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 and Article XXIII, Section 100-239.4A for permission to construct addition with a setback of less than 100 feet from the top of the bluff along the Long Island Sound and with side yards at less than the required 15 and 20 feet. The dwelling as exists is nonconform- ing as to total sideyards, and the lot area and width are nonconforming in this R-40 Zone District. Location of Property: 645 Glen Court, Cutchogue, NY; County Tax Map No. 1000-83-1-17. 7:45 p.m. Appl. No. 4020 - KEITH HARRIS. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct addition with an insufficient (westerly) side yard set back. Location of Property: 265 Freeman Road, Mattituck, NY; County Tax Map No. 1000-139-3-37. 7:48 p.m. Appl. No. 4019 - CHARLES KREPP. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to construct open deck addition with an insufficient setback from the retaining wall along high water mark. Location of Property:. 1235 Island View Lane, Greenport, NY; County Tax Map No. 1000-57-2-18. Page 3 - Board of ~als Notice of Hearings Regular Meeting - April 30, 1991 7:52 p.m. Appl. No. 4016 - JULIUS AND KATHERINE RAGUSIN. Variance to the Zoning Ordinance, Article XXIV, Sections 100-242A and 100-244B for permission to construct addition to existing nonconforming dwelling structure, increasing the lot coverage and reducing the rear yard setback. Location of Property: 215 Hummel Avenue, Southold; County Tax Map No. 1000-63-2-14. / :58 p.m. Appl. No. 3998- HENRY AND MARY RAYNOR. (C~rr~nt-~ ners: Mr. and Mrs. Albert Mastropaolo). Variances: (1) for ~°~r °~r ~Sr ~h~~ ~t~i~r~f~O~eL~t~e~id~no f Peconic Bay Boulevard, Laurel, to premises identified as County Tax Map Designation 1000-126-04-1, 2, 5; and (2) to the Zoning Ordinance, Article IIIA, Section 100-30A.3, requesting relief under the bulk area requirements of the proposed northerly parcel of 30,162 sq. ft. and the proposed southeasterly parcel of 27,062 sq. ft. The subject land is located in the R-40 Zone District, and is also shown on the "Map of A.L. Downs" as Lots No. 24, 25, 26, 27, 28, 29, 30. Containing a total combined area of 1.43+- acres. (Record is reopened to receive additional surve~formati°n ' ) . 8:00 p.m. Appl. No. 4012 - WILLIAM AND VIOLA DELUCA. Variances to the Zoning Ordinance, Article III, Section 100-32 for approval of insufficient lot area, depth and width of two Page 4 - Board of{~peals Notice of Hearings Regular Meeting - April 30, 1991 parcels in this proposed division of land located along the west side of Luthers (Breakwater) Road, Mattituck; County Tax Map No. 1000-99-2-18. 8:05 p.m. Appl. No. 4017 - CHARLES BLEIFELD. Variances to the Zoning Ordinance, Article III, Section 100-33 and Article XXIV, Section 100-244(A) for: (a) permission to locate swimming pool and garage structures as accessory uses incidental to the proposed residence in an area other than the required rear yard, and (b) permission to locate new dwelling structure with reduced side yard setbacks and reduced front yard setback. Location of Property: 1115 Private Road No. 16 at Bayview, Southold; Lots 41 and 42 as shown on the Cedar Beach Park Filed Map No. 90; County Tax Map No. 1000-90-4-19 and 20. 8:15 p.m. Appl. No. 4022 - CELLULAR TELEPHONE COMPANY d/b/a METRO ONE. Request for Special Exception approval under Article VIII, Section 100-8lB(i), and Article III, Section 100-31B(6) for an unmanned telecommunications building in an existing concrete block building and construction of a 104-ft. high monopole radio tower with antenna for transmitting and receiving radio signs to provide cellular telephone services. 'Location. of Property: 415 ELijah's Lane, MattitUck, NY; also shown on Planning Board Map of May 15, 1990, Map No. 8937. County Tax Map No. 1000-108-4-11.3 (part of 11). Page 5 - Board of Notice of Hearings Regular Meeting - April 30, 1991 The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated: April 10, 1991. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE that your application dated .. ~'~~. l .:~ .... 19 .el ~. ,orpe itto ......................... at LocationofPropertyq~0.~..~t~.~. ~ ~~..~.~.~.~: ~ House No. ' ........... hJ~lb~ County Tax Map No. 1000 Section .../~ ...... Block .... ~.~ ....... Lot . . ~].~.~.. Subdivisio... ~&.. ~9~. Filed Map No ..... gl ......... Lot No...OI .~.~.~ ...... is returned herewith and disapproved on the following grounds .~.~l ~. J~.~.~.. ~. uii-ding Inspector RV 1/80 RECEIVED ' ,:/O ~ TOWN OF SOUTHOLD, NEW YORK DEC 1t 1990 APPEAL FROM DECISION OF BUILDING INSPECTOR Seutheld Tewn Cled~ D TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) .../~a~¥...and..~{~r.y...Ra~nor. ........... of ..... 22f..~ar~iaa~...D~i.v.~ .......................... Name of Appellant Street and Number ........... ~4 a.b t..i.t.~ k ............................................................ Municipality ..... n.,.~.~ .......... HEREBY APPEAL TO THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ........................ .h ........... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) ( ) Mary and Henry Raynor Name of Applicant for permit of .2.?-~ ..Ca~;~i~a.L ..D: i.v.e ....... ~4a.t4;,Lt, ~a4;k, ..................... ~..'~ ........................ Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY I. LOCATION OF THE PROPERTY ..?..~.~.~.~..~.~......~.QW.....~.~,.g.~'.~..~- ............... ..R..4..0.. ........................... Street /Hamlet / Use District on Zoning Map District 1000 Section Block Lot 1,.20u~r~nt ............................................ 1.2& ......... ~4 ................. Owner Estate of A. MaRfr~.naO10 Lot No. Map No. Suff Co #21 24-30 Prior Owner. ~ r._n,~Wn~ 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicc~te the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article ~_ ~% Section /oo.-~a/% .~ i- ~o ~.%~,g 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 (has) (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 fora variance and was 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 property has become merged under the southold town code. Property appears as separate parcels (3) on Suff. Co. tax map Form. ZBI ~aV~,*,~cIeee~ ,~1 rau~°ntinue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicol difficulties or unneces- son,, HARDSHIP because the surrounding and adjoining lots are of the size requested, or smaller. The configuration of the proposed unmerged lots will be closest to zoning regulations Lot configuration will meet other additional agencies criteria in its closest form 2. The hardshipcreatedis UNIQUEandisnotshared by all pmpe~ies alike in the immodiate vicinity of this pr~e~yond in this use district becouse the proerty is probably the last remaining area buildable on this subdivision that will substantially meet various agency standards. Presently these 7 lots appear as 3 parcels on suffolk county tax .maps. This proposal would Create only 2 lots. 3. The Vorionce would observe the spirit of the O~inance and WOULD NOT CHANGE THE. CHARACTER OF THE DISTRICT because lot sizes as proposed are similar in environmental and asthetic appearance. ,~/ STATEOF NEWYORK ' :i.: ..... cOUNT',' (j, ~ Sworn tO this .............. ~-J / Not6ry Public / ~ < ~ _ / ~./~. ~/.: TOWI~ OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST SUB. LOT~_ FORMER OWNER N E ACR. / O,, ~ I ~. X'" 2~ ~'b/j Z,~/~ S W TYPE OF BUILDING RES.-~ ) ) SEAS. ~ ~. ~ ~ FARM COMM. CB. MISC. Mkt. Value - LAND IMP. ~ - T~AL DATE REMARKS AGE BUILDING CONDITION ' N~ NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable 1 Tillable 2 /, / Tillable 3 ' ' ~'~_..~ Woodland Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD House Plot DEPTH BULKH~D Totol DOCK TOWN OF SOUTHOLD PROPERTY RECORD CARD ~/-~ /:., ~: -/~ ~ - ,~. / - / / / · ~ t FORMER OWNER N E ACR'c S W TYPE OF BUILDING RES. ~2 / ~ SEAS. VL. ~ FARM COMM. CB. MISC. Mkt. Value / 'LAND IMP. TOTAL DATE REMARKS AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD / ,~- ¢ 17/ House Plot DEPTH BULKHEAD Total DOCK ~ ~' ~ 1 ~,' ,~ ~` ,/_ ~ TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST SUB. LOT S W ~PE OF BUILDING RES. ~// SEAS. (~ FARM COMM. CB. MISC. Mkt. Value ~ND IMP. TOTAL DATE REMARKS AGE BUILDING CONDITION N~ NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable 2 Tillable 3 Woodland Swamptand FRONTAGE ON WATER Brushland FRONTAGE ON ROAD ~ ~ House Plot DEPTH /J ~ BULKH~D Total DOCK SURVEYED FOR:- LOC^TED ^T LO~ ~- ~X SCA~ ~" - ~' SU~ CO. TAX MAP DATA:- om~./0~ , SEC./~. BLK. ~ LOT OR'SETS ~I[OM STRUCTURES TO RELATIVE BOUNDRY LINES, iON SURVEY, ARE FOR A SPECJEIC USE ONLY, AND SHOULD NOT BE USED FOR CONSTRUETION O~ FENCES . TOWN SUFFOLK COUNTY N.Y, , CO. CLK NO. ~'~/ FILED~ 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 June~1991 SCOTFL. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mr. Henry Raynor, Jr. 320 Love Lane Mattituck, NY 11952 Re: Appl. No. 3998 - Mr. and Mrs. Albert Mastropaolo Dear Henry: Please find attached for your records a copy of the decision of the Board of Appeals rendered at our Regular Meeting held on June 7, 1991. Copies are also being furnished to William J. Clark as attorney for the Estate of Albert J. Mastropaolo, to the Town Planning Board and to the Building Department for their update and files. Very truly yours, Linda Kowalski & Enclosure Copy of Decision to: William J. Clark, Esq. Southold Town Planning Board Southold Town Building Department MAi.~£1UG~, N.f. iI~3Z APR l ~ [ i TO: zoNIN~ BOARD OF APPEALS HAyNOR APPEAL RE: H~NRY AND MARY ~~D~ MAPS iNDICAI'£N~ THE ENCLOSED HEREWITH AR~ AME OT B'OOTA~E OF uPLAND ~29, /b2) AND WETLANDS (40~; FOH JHE pROPOsED NORThErLY LOT. THE 5~UARE ~'UU'I'AGE OP UPLAND (zb. JbZ) AND WE'ILAND UP (1,i'~) ~'ON 1'ME FRubPUSED 5UUTNERL~ LUI', MESiq. AiE 'lU ~NI'ALI' ME A9 ~ 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 SOU~OLD 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 dune 7, 1991 Information for the File and Future Use, if necessary: Re: Appl. No. 3998 - Estate of Albert Mastropaoloa (Raynor) Chairman Goehringer recommended the following specifications concerning the 280-A Access Request to the subject premises: That the entire right-of-way, Bay Boulevard, and along the subject lot(s), be: from the northerly side of Peconic first 25 feet of each of the 1) Improved to a minimum width of 10 feet as follows: Minimum depth of 2" to 4" of packed three-quarter-inch stone blend (with loam mixture), to be applied to the ground surface and shaped, or excavated to permit the application of same to the minimum depth (after reasonable packing). 2) Entire access road maintain a full clearance of all brush, plantings or other obstruction to 16 feet in width within the right-of-way. 3) Entire access road be maintained at all times in good condition. 4) This approval is limited to the subject lot(s) of the applicant herein and shall not include approval under 280-A for any other lots or dwellings, the landowners of which will be required'to apply by separate application and subject to the standards at the time of filing and decision thereon. The Board may determine acceptance of the above specifications at a later date, if requested by the Executor/Executrix of the Estate, or future landowner of this lot. Page 3 - Appl. No. 3 Appl. of HENRY AND RAYNOR Decision Rendered June 7, 1991 (MASTROPAOLO, Owners) (d) the subject premises as exists of 57,22~ sq. ft. is not over-sized when compared to the minimum requirement in this R-40 Zone District (of 40,000 sq. ft.); (e) that the difficulties claimed are not sufficient to warrant a grant of the relief requested; (f) the land is sloping and is environmentally sensitive with more than 450 ft. frontage along the water's edge of Horton Creek, which adversely creates more run-off other pollutants into the creek; (g) there will be a change in the character of the immediate area in this zoning district and a grant of the variances requested will in effect establish a zone district at odds with all other zone districts provided for in the Zoning Code (VanDusen v. Jackson 35 A.D. 2d 58); (h) the variance if granted will in turn cause a substantial effect on the safety, health, welfare, comfort, convenience, order of the town; (i) in view of the manner in which the difficulty arose and in consideration of all the above factors, the interests of justice will be served by denying the applica- tion as requested. Accordingly, on motion by Mr. Villa, seconded by Mr. Grigonis, it was RESOLVED, that the relief as to lot area and depth, requested under Appeal No. 3998 the Matter of the Application of HENRY AND MARY RAYNOR, BE AND HEREBY IS DENIED for the reasons stated above. Vote of the Board: Ayes: Messrs. Doyen, Villa and Grigonis. Nay: Chairman Goehringer (due to the preexisting nature of the subdivision map and character of the area, which consists of lots of the same or smaller size as that proposed). (Absent Was: Member Dinizio.) This resolution was duly adopted by 3-1. lk ROBERT A. VILLA, CHAIRMAN ~RO TEM DEPARTMENT OF PLANNING COUNTY OF SUFFOLK SUFFOLK COUNTY EXECUTIVE ? ARTHUR H. KUNZ DIRECTOR OF PLANNING July 8, 1991 Mr. Gerard Goehringer, Chairman Town of Southold Zoning Board of Appeals Main Road Southold, New York 11971 Re: Application of "Henry and Mary Raynor" (#3998), Town of Southold (SD-91-11). Dear Mr. Goehringer: Pursuant to the requirements of Sections A14-14 to 23 of the Suffolk County Administrative Code, the Suffolk County Planning Commission on July 3, 1991 reviewed the above captioned application and after due study and deliberation Resolved to disapprove it because of the following reasons: It would only tend to undermine the effectiveness of the zoning ordinance; It constitutes the unwarranted overiutensification of use of environmentally sensitive lands along Horton Creek; It would tend to establish a precedent for the continuance of such undersized lots in the locale; and, Sufficient information hag not been submitted to demonstrate compliance with applicable variance criteria. GGN:mb Very truly yours, Arthur H. Kunz Director of Planning 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 Pursuant to Board of Appeals the following to X Article XIII of the Suffolk County Charter, the of the Town of Southold, New York, hereby refers the Suffolk County Planning Commission: Variance from the Zoning Code, ArticleIIIA, Section 100-30A.3 __ Variance from Determination of Southold Town Building Inspector. Special Exception, Article , Section Special Permit X Appeal kocati County Within Section 280A New York Town Lawn No.: 3998 Applicant: HENRY AND MARY RAYNOR on of Affected Land: N/S Peconic Bay Blvd.,Lots Tax Map Item No.: 1000-126-04-1,2,5 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway,-Highway, Boundary of Existing or Proposed County, __ Boundary of Existing or Proposed County, Other Recreation Area 24,25,26,27.28,29,30 Map of A.I.. Downs Laurel~ N.Y/ Thruway State or Federally Owned Land State or Federal Park or or 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, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is requesting ~m~m~x~mmxl~x approval of access oven' private right of way and requesting relief under~ulK area ruqui,a,,n6nts of northerly parcel. Copies of Town file and related documents enclose.d for your review. Dated: June .18, 1991 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James DiniTAo, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCO'I'T L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Information for the File and Future Use, if necessary: ! Re: Appl. No. 3998 - Estate of Albert Mastropaoloa (Raynor) Chairman Goehringer recommended the following specifications concerning the 280-A Access Request to the subject premises: That the entire right-of-way, from the northerly side of Peconic Bay Boulevard, and along the first 25 feet of each of the subject lot(s), be: 1) Improved to a minimum width of 10 feet as follows: Minimum depth of 2" to 4" of packed three-quarter-inch stone blend (with loam mixture), to be applied to the ground surface and shaped, or excavated to permit the application of same to the minimum depth (after reasonable packing). 2) Entire access road maintain a full clearance of all brush, plantings or other obstruction to 16 feet in width within the right-of-way. 3) Entire access road be maintained at all times in good condition. 4) This approval is limited to the subject lot(s) of the applicant herein and shall not include approval under 280-A for any other lots or dwellings, the landowners of which will be required to apply by separate application and subject to the standards at the time of filing and decision thereon. The Board may determine acceptance of the above specifications at a later date, if requested by the Executor/Executrix of the Estate, or future landowner of this lot. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James DinirJo, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD Ol* APPEALS TOWN OF SOUTHOLD Information for the File and Future Use, if SCOTI' L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 necessary: Re: Appl. No. 3998 Estate of Albert Mastropaoloa (Raynor) Chairman Goehringer recommended the following specifications concerning the 280-A Access Request to the subject premises: That the entire right-of-way, from the northerly side of Peconic Bay Boulevard, and along the first 25 feet of each of the subject lot(s), be: 1) Improved to a minimum width of 10 feet as follows: Minimum depth of 2" to 4" of packed three-quarter-inch stone blend (with loam mixture), to be applied to the ground surface and shaped, or excavated to permit the application of same to the minimum depth (after reasonable packing). 2) Entire access road maintain a full clearance of all brush, plantings or other obstruction to 16 feet in width within the right-of-way. 3) Entire access road be maintained at all times in good condition. 4) This approval is limited to the subject lot(s) of the applicant herein and shall not include approval under 280-A for any other lots or dwellings, the landowners of which will be required to apply by separate application and subject to the standards at the time of filing and decision thereon. The Board may determine acceptance of the above specifications at a later date, if requested by the Executor/Executrix of the Estate, or future landowner of this lot. 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 June 7, 1991 Information for the File and Future Use, if necessary: Re: Appl. No. 3998 - Estate of Albert Mastropaoloa (Raynor) Chairman Goehringer recommended the following specifications concerning the 280-A Access Request to the subject premises: That the entire right-of-way, from the northerly side of Peconic Bay Boulevard, and along the first 25 feet of each of the subject lot(s), be: 1) Improved to a minimum width of 10 feet as follows: Minimum depth of 2" to 4" of packed three-quarter-inch stone blend (with loam mixture), to be applied to the ground surface and shaped, or excavated to permit the application of same to the minimum depth (after reasonable packing). 2) Entire access road maintain a full clearance of all brush, plantings or other obstruction to 16 feet in width within the right-of-way. 3) Entire access road be maintained at all times in good condition. 4) This approval is limited to the subject lot(s) of the applicant herein and shall not include approval under 280-A for any other lots or dwellings, the landowners of which will be required to apply by separate application and subject to the standards at the time of filing and decision thereon. The Board may determine acceptance of the above specifications at a later date, if requested by the Executor/Executrix of the Estate, or future landowner of this lot. Page 20 - April 30, 1991 Public Hearing - Julius and Katherine Ragusin Southold Z.B.A. MS DOTY, cont'd: a small lot that there is nothing they can do. I mean they are 18.6% just the house alone without the garage. We would encourage the Board to grant both of the pages. Thank you. CHAIRF0kN GOEHRINGER: Thank you. Is there anybody else who · would like to speak in favor of this application? Is there anybody who would like to speak against the application? Questions from Board Members? No further questions. I make a motion closing the hearing reserving decision until later. We hope to have a decision for you in about ten days. Thank you very much for coming in. Ail in Favor - AYE. Appl. No.: 3998 .Applicant(s): ~Henry and Mary Raynor Location of Property: Peconic Bay Blvd, Laurel, NY County Tax Map No.: 1000-126-4-1, 2, 5 The Chairman reopened the hearing at 8:15 pm. CHAIRMAN GOEHRINGER:,..On the Boards own motion, reopened at the last regularly scheduled special meeting the purpose of further information concerning this particular project and we thank you Mr. Raynor for coming back down. We thank you for the maps, clearly delineating the area that was in question and if you have anything you would like to add to the record I would be very happy to take it. If not, I'll ask the Board if they have any questions. MR RAYNOR: No Mr. Chairman I have other maps available if the Board requests theml CHAIRMAN GOEHRINGER: Okay. Gentlemen? No. Hearing no further questions, I make a motion closing the hearing reserving decision until later. Ail in Favor - AYE. Appl. No.: 4012 Applicant(s): William and Viola Deluca Location of Property: Luthers Road, Mattituck, County Tax Map No.: 1000-99-2-18 NY 11952 _ The Chairman opened the hearing at 8:16 pm and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a survey from Roderick Van Tuyl P.C. dated July 16, 1987 indicating a house lot as OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD INTER-OFFICE MEMO FROM THE TOWN ATTORNEY'S OFFICE Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1939 FAX NO. (516) 765-1823 TO: FROM: DATE: RE: Town Board, Planning Board, Zoning Board of Appeals, Department and Trustees James A. Schondebare, Town Attorney August 4, 1989 Wetlands and Lands underwater. Building The prior opinion of the Town Attorney, that lands underwater and wetlands could not be deleted when calculating the lot area in pending subdivision of land was based on the prior Town Code. So that all departments are aware, it is the position of this office based on new zoning amendments and the definitions contained therein, wetland areas or lands underwater are not to be calculated in determining lot area. These are to be excluded in determining yield. .APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765- t 809 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 MINUTES SPECIAL MEETING FRIDAYr APRIL 5~ 1991 A Special Meeting was held by the Southold Town Board of Appeals on FRIDAY, APRIL 5, 1991, commencing at 7:00 o'clock p.m. at the Southold Town Hall, Main Road, Southold, New York. Present were: Gerard P. Goehringer, Chairman; Member Serge J. Doyen, Member Charles Grigonis, Member James Dinizio, Jr., and Member Robert A. Villa, consisting of all five members. Also present were Town Attorney Harvey Arnoff and Board Secretary Linda Kowalski. WORK SESSION: 7:00 - 7:25 p.m. The Board reviewed pending files. PUBLIC HEARINGS: 7:27 p.m. A public hearing was held in the Matter of Appl. No. 4008 - TONY AND MARIE KOSTOULAS. Variance to construct addition with reduction of side yards and construction within 100 feet of L.I. SOund bluff at 1035 Aquaview Avenue, East Marion. (See transcript of hearing prepared under separate cover and filed herewith for reference.) 7:40 - 11:00 p.m. The public hearing in the Matter of Application No. 3970 - McDONALD'S CORPORATION continued. After extensive testimony and discussion, motion was made by Mr. Goehringer, seconded by Mr. Dinizio, and duly carried, to RECESS the hearing at this time. (See transcript of hearing for discussions and requests.)  pl. No..3998. HENRY AND MARY RAYNOR. (Public Hearing was on March 22, 1991.) In reviewing the maD. the Board Special Meeting - April 5, 1991 Southold Town Board of Appeals .cn.amembers indicated that they felt an up-to-date survey was ecessary showing the amount of land underwater to determine the ount of relief under Section 100-239 of the Code in alculating density. Motion was made by Mr. Villa, seconded by Mr. Dinizio, and duly carried, to reopen the hearing, readvertising the same for April 30, 1991, in the above matter for the purposes of receiving an up-to-date survey showing the amount of square footage of land below the D.E.C. flagged ~-a~ea. This resolution was duly adopted. REQUEST FOR RECONSIDERATION: Appl. No. 3944 - ANTHONY J. MERCORELLA. The Board reviewed Mr. Mercorella's second request for reconsideration. It was noted that one of the reasons for requesting reconsideration is that a property owner to the north of Peconic Bay Boulevard (James Murray) constructed a similar sized garage, without a variance. Apparently, Mr. Murray was not referred to the Z.B.A. for a variance because his garage was located in the required rear yard, where Mr. Mercorella's garage was located in the front yard and it is normal for the Board to restrict size and height if an accessory building is not located according to the code requirement (rear yard). The Board Members indicated that they are not permitted by law to vary, modify or change its original decision without a new application. The decision rendered in the Board's July 11, 1990 conditional approval was limited to the building plan submitted for consideration by the Board at that time. Since then, the plans have been modified by the builder or owner, and a separate application is required either to lift the conditions of the board or to grant a variance for a different building. The Board also agreed to entertain a new application, with the appropriate $150.00 filing fee in the same manner of procedure as the first application (after public notice, hearing, etc.). APPROVAL OF MINUTES: seconded by Mr. Grigonis, following Board Meetings: Motion was made by Mr. Goehringer, to APPROVE the Minutes of the March 8, 1991 Special Meeting. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Dinizio and Villa. This resolution was duly adopted. RAYMOND L. JACOBS SUPERINTENDENT OF HIGHWAYS 765-3140 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD JAMES A. RICHTER ENGINEERING INSPECTOR 734-5211 FEBRUARY 1, 1991 Gerard P. Goehringer, Chairman !i-f'~x [~ ~-- Board of Appeals ? Town of Southold .iI/~i~'~ '~= u\~ Town Hall, 53095 Main Road libel Southold, New York 11971 ......... '~l Re' Proposed Road Construction / ~ ~. / ~'~/O~ I~ 20' R O.W. off Peconic Bay Blvd.~/ ~ 5~ SCTM ~ I000-126-4-1&2 }~.~'~ Dear Gerry: ~ As per your request I have 5nspocred~ R,O:~-~or the Site 5nd~cated above. The copy of the ZBA SpecSfScarSons rhag you sent me 5ndScate that ~he road construction could bo e~ther Crushed Stone or an 0~1 & Sand ~ix. To my knowledge, the Town has nor used thSs type Road SpecSfScatSon for some tSmo. The Town has recently revised and addopted Specifications for Road Construction in Minor Subdivisions. As I understand it, all new Road Construction within the Town must conform to these Town Specifications. New Minor Subdivisions require a 25' wide R.O.W. Since the existing R.O.W. is only 20' wide, I would recommend that the Towns Typical Road Section (DWG # SD-854M-2) be modified as per the drawing attached. The initial 160' of this proposed road is along a County R.O.W. If they have not been contacted before, I would suggest that the County be notified of the impending improvements to be made in there R.O.W. to verify any requirements or restrictions that they may have. I would recommend that the New Road and all required Drainage be installed as per the Town of Southold Highway Specifications. If you have any questions of require any additional information, please feel free to call my office. (copies of the Town Specifications can be obtained at the Town Clerk's Office) ENC cc: John M. Bredemeyer, III Bennett Orlowski, Jr. Raymond L. Jacobs file ,Si~n erely,/] ames A. Richter, R.A. TOWN OF SOUTHOLD STA~NDARD ASPHALT ROADWAY FOR MINOR SUBDIVISIONS ~ 4' C~PAC~D B~ C~RSE TYPICAL ~ECTION NO SCALE SUPT. OF HIGHW~ DW~ NO, SIDNEY B, BO~E ~ SON CONSUL~NG ENGINEERS ~D-~5~-2 R~OND ~ACOeS / ~ ./ SURVEY OF LOTS 24,25,26, & 27 MAP OF "A. L. DOWNS" A T LAUREL TOWN OF SOUTHOLD SUFFOLK COUNTY, /~ Y. Scale I" = 40' Oct. 14, 1990 BUILDING ZONE, R40 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 February 25, 1991 Dr. R. Tabi 2 Lloyd Haven Drive Huntington, NY 11743 Re: Appl. No. 3998 - Raynor/Mastropaolo Dear Dr. Tabi: Continuing on your recent telephone request, please find enclosed a copy of the survey map of the right-of-way area under consideration by the Board of Appeals for access to two proposed lots, also a part of this application. Also enclosed for your perusal is a copy of the Town Engineer's report, which may be adopted or modified at the discretion of the Z.B.A. You also inquired as to the requirements in this R-40 Zone District for setbacks. Enclosed is a copy of the bulk schedule zoning setback requirements for the R-40 Zone District for your reference. The public hearing on the subject application has been calendared for Friday, March 22, 1991, and will. be advertised in the Times Review and Long Island Traveler-Watchman, Inc. within the next week or two. Should you have any further questions, please feel free to contact us. Very truly yours, Linda Kowalski Enclosures 6Il E. Main Street P.O. Box 419 Riverhe. ad, NY 11901 Eastern Suffolk: 516.727.7760 Commonwealth Land Title Insurance Company COMMONWEALTH LAND TITLE INSURANCE COMPANY does hereby certify to: Alan Nordlinger, Esquire THAT it has caused a search to be made in the Office of the Clerk of the County of Suffolk, in the State of New York, against the premises described herein and prenises adjacent thereto on all sides from 6/8/45 to date to ascertain the fee chain of title respecting said premises described herein; and the l~remises abutting since 12/12/189.6 and has found only the returns as set forth herein on the fol lowing pages as they bear on record title; and DOES certify that "the owners of the premises described herein have owned the same in single and separate o~nership as defined by law during this period of time, except as otherwise shown herein." THIS Company's liability is limited to One Thousand ($1,000.00) Dollars for negligence only. NO policy of insurance is to be issued hereunder. COMMONWEALTH LAND TI TLE INSURANCE COMPANY Robert H. Gaffga Title Officer Title #G662114S Dated 1/18/91 G662114S (/-LA]lq OF TIqLE FOR PREMISES ADJACEN-f EAST SIN3LE & S~PAPATE SEAR(/q 1000-126.0 0-04.0 0-016. 001 BE]/~G LOT NO. 14 AAD PARTS OF LOT NOS. 13 AND 31, AS SHGNN ON '5~LAP OF A.L. DQNNS" AAD FILED IN THE fFFIfE OF 5HE flE~RK OF 5HE CgJIFff OF SL~FOLK ON AUGUST 14, 1929 AS MAP NO. 21. DATmU: 12/12/1826 REC'D: 1/15/1827 LIBER As sis tant Cie zk PAGE 2 46 JOSEPH HGNELL & LYDIA HC~LL, his ~ife, HENRf GARDNER & PfLLY H. GAR~XER, his ~ife, & DAVID H. HI~ARD TO DANIEL DOWNS, JR. DANIEL DC~qS died 2/18/1858 leaving all to son DANIEL DONNS DANIEL DC~qS died 11/7/1900 leaving all to ~ife HASTIE F. DONNS for her natural life and then to his son ARTHUR L. DOWNS k'ATTIE F. DC~S died 2/19/15 ARTHUR L. Df~qS died testate on 1/20/39 will leaves all to wife, FLORENCE G. Df~NS, for her natural life, and then to childreD~ ARSRUR C. DOWNS, ANITA D. WEAVER & LYNWOOD G. DC~NS FLORENCE G. DC~qS died testate on 4/23/51 LY55~CD G. DCWNS died testate on 1/21/61 will leaves all to wife, ESTheR STRAAD DO~NS ANITA D. ~EA~ER I1AT~D: 11/18/65 TO REC'D: 5/6/66 ARTHUR C. DO;~S LI~ER 5952 CP 584 ( oon tinued) Riverhea~, Ne~ York Sworn to befores, me this ANDREA RIVE Not~ry Public, State of New York No. 4768970 Te Qu_-Iifled ~ Suffolk County ~, CC~4/~O~H LASD TIqLE /~ CHAZq OF TIqLE FOR PR~ISES ADJACENT EAST SIN3LE & S~?ARATE SEARCH (continued) ESTHER STF~2~D DOWNS TO ARTHUR C. DOWNS DATED: 10/11/65 REC'D: 5/6/66 LIBER 5952 CP 567 ARqlqUR C. D~NNS DATED: 3/25/67 TO REC'D: 4/4/67 FREDERICK J. KE~X~ER LIBER 6 134 CP 174 LAST REGO~D OWNER Ri~rhead, New York Sworn ko befc~% me this ~ (~DAY OF~~_ 1991 NOTAR~ PUBLIC ANDREA RIVE Notary Public, State of New York No. 4768970 Qualified in Suffolk County ~. Term Expires November 30, 19.-L Gib940N~EALTH LAAD TITLE RC~ERT H. GAFFGA TIqLE OFFI (~R G662114S CHA]/q OF TIqI,E FOR PREMISES ADJACENT EAST SINDLE & SEPARATE SEARC~ 1000-126.0 0-04.00-015. 0 01 BEING LOT NO. 15 kid PARTS OF LOT NOS. 16 ~ 31, AS SHCWN ON "MAP OF A.L. DOWNS" AAD FILED IN THE fFFICE OF THE CLERK OF %HE (II3IFfY OF SIFFOLK ON ~I3GUST 14, 1929 AS MAP NO 21. DATSD: 12/12/1826 REC'D: 1/15/1827 LIBER C ASSISTANT PAGE 246 JOSkl~{ HC~ELL & LYDIA Hf%~LL, his ~ife & HEN~f GAt~DNER & PfLLY H. GARDNER, his ~ife, DAVID H. HLBt~D TO DANISL DOWNS, JR. DANIEL DONNS died 2/18/1858 leaving all to son DAhIEL DONNS DANIEL ~S died 11/7/1900 leaving all to mife HAR'PIE F. D(}~S for her nattral life and them to his son ARTHUR L. DOWNS P~tTPIE F. DONNS died 2/19/15 (continued) Riverhead, NM York NOPARY PUBLIC ANDREA RIVE Notary Public, State of New York No. 4768970 Qualified in Suffolk County ~ Term Ex~ire~ November 30, 19-~-- ~LTH LASD TI%LE INSURANC~/~/~.ANY Rtt~kT H. GAFFGA TI%LE OFFI fE R C~AIN OF TISLE FOR PRL~IISES ADJACENT EAST SINDLE & S~I~ARATE SEARCH (Continued) ARqHUR L. DSWNS died testate on 1/20/39, will leaves all towife, FLO~ G. DCW~NS, for her natural life, and then to children: ARtlqUR C. DC~S, ANITA D. ~EA~ER AhD LYNWOCD G. DC~NS FLDRENCE G. DC%~S died testate on 4/23/51 LYN%qDC~ G. DC%~S died testate on 1/2Z/61 will ]eaves all to wife, ESTER STRAAD DC~NS ANITA D. ~EAVER [ATED: 11/11/65 TO R~t~'D: 5/6/66 ARq}{UR C. DO~S L±~:R 5952 CP 584 ESTHER STRAND DCWNS [1ATSD: 10/11/65 TO RE2'D: 5/6/66 ARTHUR C. DO,~S I_.i~;R 5952 CP 587 ARTHUR C. DC%~S TO KSIX~ETH P. ~CWN & KA~HLYN B. BRC~N, his wi fe [~T ~D: 10/21/67 RSE'D: 10/27/67 LI~;R 6246 CP 155 No date of death of K~THLYN P. 5RC~N ~X~AETH P. 5RCWN, [ATSD: 7/1/83 ~ s~iv~g te~t ~ the R~'D: 7/13~3 ~ I,~',R 9386 CP 272 TO ~ RE~ ~R Riverhead, New Yozk Sworn ho bef~re~e this ANDREA RIVE Notary Public, State of New York No. 4768970 Qualified in Suffolk County ~ Term Expires November 30, 19..~.- CC~LMOIq~E~LTH LAiqD TISLE ~NSURAN~ANY RObeRT H. GAFFf~ TIqLE OFFICER (JHAIN OR TIqLE FOR PRSMISES ADJACENT WEST SINGLE & SSP~RATE SEAR(Iq 1000-126.0 0-09.0 0-028.000 "PRIVATE ROAD" DATSD: 12/12/1826 REC'D: 1/15/1827 LIBER C ASSISTAL~ CLE~ PA~E 246 JOS~H HCWELL & LYDIA HGWSLL, his wife & HENRf C~A~)NER & PCLLY H. GARDSER, his wife, DAVID H. HLBRARD TO DANIEL DONNS, JR. DANIEL DC~S died 2/18/1858 le~ing all to son DAN[EL D~S DANIEL DC~I~S died 11/7/1900 le~zing all to wife HATTIE F. D(}~S for her nature/ life and then to his son ARTHUR L. DOWNS HATTIE F. DC~S died 2/19/15 (lqA]Iq OF TI~I,E FOR PREMLSES ADJACENT EAST ARSHLR L. DOWNS died testate on 1/20/39, will le~es a/1 to wife, FLORZNCE G. D(/~NS, for her r~tural life, and then to d~ildren: ARC,JR C. DCWNS, ANITA D. ~EA%ER ASD LYNWOCD G. DGWNS FLORENCE G. DC~qS died testate on 4/23/51 (c~n t inued) Riverhead, New York ~,~-DAY OF 19 91 NOTARY PUBLIC ANDREA RIVE Notary Public, State of New York No. 4768970 Quelified in Suffolk County ,~ ~ Term Expires November 30, 19.7 C~4MOlq~EALTH ~ TIqLE IN$~ANY ROBERT H. GAFFC_~ T I~bE OF Ff CER CHAIN OR TIqI,E FOR PREMISES AIkIA~NT WEST SINGLE & S~PARATE SEARCH 1000-126.00-09.0 0-028.0 00 (continued) LYNWOfD G. DOWNS died testate on 1/21/61 will le~es all to wife, ESTER STRAhD DSWNS ANITA D. WE~UER DATED: 11/11/65 TO REC'D: 5/6/66 AR~qUR C. DOWNS LIBER 5952 CP 584 ESI'HER STRAhD DG~S DATt~: 10/11/65 TO REC'D: 5/6/66 AR%HUR C. DOWNS LIBER 5952 CP 587 GE~R~L L. RA]~S, DA'£m3: 3/6/86 as Deputy County Treasurer REC'D: 3/7/86 TO LIBER 9992 CP 559 CCUNTY OF SUFFOLK LAST R~fD~D CWB~R Riverhea~, N~ Yozk S~orn to befor~ me this NC~ARY PUBLIC ANDREA RIVE Notary Public, State of New York No. 4768970 Qualified in Suffolk County ~, Term Expires November 30, 19-'~--- ~I~_~LTH LAhD TIRLE ROBERT H. GAFF(IA TITLE OF Ff CER SURVEYED FOR:- 4~'/~'y /~'~y/~:~ , TOWN OF ~O~~ -- ' LOCATED AT ~/~ SUFFOLK COUNTY N.Y. LOT ~' ~7 SUFFOLK CO. TAX MAP DATA:- I eLK. O~.~ LOT ~O SPECIFIC USE ONLY, AND SHOU~ ~ ~ U~ ~ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio. Jr. Telephone (516) 765-1809 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 BOARD OF APPEALS TOWN OF SOUTHOLD February 7, 1991 Mr. and Mrs. Henry Raynor, 275 Cardinale Drive Mattituck, NY 11952 Jr. Re: Appl. No. 3998 (Area Variance and 280A) Dear Henry: Transmitted herewith for your review is a copy of the recent report received from the Town Engineer concerning the subject right-of-way for consideration at our March public hearing, which was requested by you instead of the February hearings calendar. Yours very truly, GERARD p. GOEHRINGER CHAIRMAN B~ Linda Kowalski Enclosure RAYMOND L. JACOBS SUPERINTENDENT OF HIGHWAYS 765-3140 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD JAMES A. RICHTER ENGINEERING INSPECTOR 734-5211 FEBRUARY 1, 1991 Gerard P. Goehringer, Chairman Board of A eals - Town of Southold Town Hall, 53095 Main Road Southold, New York 11971 '--~ I ~1\ q' ~ ~'~ Re: Pr.oposed Road Construction // 20' R.O.W. off Peconic Bay.alvd.~ SCTM # 1000-126-4-1&2 ( Dear Gerry: As per your request I have inspected~ R.~D~W~ for the Site indicated above. The copy of the ZBA Specifications that you sent me indicate that the road construction could be either Crushed Stone or an Oil & Sand Mix. To my knowledge, the Town has not used this type of Road Specification for some time. The Town has recently revised and addopted Specifications for Road Construction in Minor Subdivisions. As I understand it, all new Road Construction within the Town must conform to these Town Specifications. New Minor Subdivisions require a 25' wide R.O.W. Since the existing R.O.W. is only 20' wide, I would recommend that the Towns Typical Road Section (DWG # SD-854M-2) be modified as per the drawing attached. The initial 160' of this proposed road is along a County R.O.W. If they have not been contacted before, I would suggest that the County be notified of the impending improvements to be made in there R.O.W. to verify any requirements or restrictions that they may have. I would recommend that the New Road and all required Drainage be installed as per the Town of Southold Highway Specifications. If you have any questions of require any additional information, please feel free to call my office. (copies of the Town Specifications can be obtained at the Town Clerk's Office) ENC cc: John M. Bredemeyer, III Bennett Orlowski, Jr. Raymond L. Jacobs file · Richter, R.A. TOWN OF SOUTHOLD STA~IDARD ASPHALT ROADWAY FOR MINOR SUBDIVISIONS I ~ ~--o' , . I ,,t J '~'-~' ~ . -~'-,- -~"~o~ (~.) ~ ~ TYPICAL SECTION NO SCA~ R~C~M~DED BY: APPRO~D su.~. o~ .~HW~ DWG NO. CONSUL~NO ENGINEERS SD-854M-2 RA~OND JACOBS DA~ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. 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: FROM: DATE: SUBJECT: Mr. James A. Richter Town Engineering Inspector Jerry Goehringer, Chairman Board of Appeals January 28, 1991 Request for 280-A Report with Recommendations Private Right-of-Way- N/S Peconic Bay Blvd., Laurel We have been directed by the Supervisor and Town Board to you for inspection reports and recommendations for open, unobstructed and sufficient access over private rights-of-way. Presently, the ZBA has an application pending for approval of access under New York Town Law, Section 280-A, concerning a private right-of-way located near the westerly side of Horton's Creek in Laurel, extending from the north side of Peconic Bay Boulevard The ROW is highlighted on the attached sketch map. As you may know, Town Law requires sufficient and safe access for emergency, fire and other vehicles over access rights-of-way 15 feet in width. Attached is a copy of ZBA specifications used on occasion for similar {dirt} bases such as this (which, of course, may be varied by the ZBA depending on the results of your inspection report and recommendations). Residential construction is being proposed, and ZBA approval is required before a building permit may be issued. Thank you for your assistance. (Attached are copies of the County Tax Map showing the general area of the right-of-way, together with a copy of the survey map.) If you have any questions, please don't hesitate to call our office. SCALE 1" = ~A"O ' SUFFOLK CO. TAX MAP DATA:- DIST. ~ , SEC. B~.~~'~ LOT ~' C)F~'SET$ F~O~ STRUCTURES TO RB. ATIVE BOUNDRY UNES, ON SURVEY, ARE FOR A SPECIRC ~SE ONLY, AND SHOULD NOT BE USED FOR CONSTRUCTION O~ FENCES OR OI'I'ER STRUCTURES. DRAWN BY ! /;'7, ~' 30' , SUFFOLK COUNTY N.Y. · CO. CLK. NO. ~/ FILED ~. SURVEYED WILLIAM R. SIMMONS JR. P/O BOX 377 JAMESPORT, L.L· N.Y. 11947 PAGE ~4~. GRID APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairraan Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio. Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOW L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 February 7, 1991 Mr. and Mrs. Henry Raynor, 275 Cardinale Drive Mattituck, NY 11952 Jr. Re: Appl. No. 3998 (Area Variance and 280A) Dear Henry: Transmitted herewith for your review is a copy of the recent report received from the Town Engineer concerning the subject right-of-way for consideration at our March public hearing, which was requested by you instead of the February hearings calendar. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio. Jr. 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 January 28, 1991 Mr. Henry E. Raynor, Jr. 275 Cardinale Drive Mattituck, NY 11952 Re: Appl. No. 3988 - Division and 280-A Variances Dear Henry: This letter is a follow-up to the Board's request of January 11, 1991 for a single-and-separate title search, researching conveyances of the subject and abutting properties from April 1957 to the present time. A copy of the Legal Notice will be forwarded to you within the next week confirming the time of the public hearing of your application scheduled for Friday, February 22, 1991. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio. Jr. 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 January 28, 1991 Mr. Henry E. Raynor, 275 Cardinale Drive Mattituck, NY 11952 Jr. Re: Appl. No. 3988 - Division and 280-A Variances Dear Henry: This letter is a follow-up to the Board's request of January 11, 1991 for a single-and-separate title search, researching conveyances of the subject and abutting properties from April 1957 to the present time. A copy of the Legal Notice will be forwarded to you within the next week confirming the time of the public hearing of your application scheduled for Friday, February 22, 1991. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Page 22 - March 22, 1991 Public Hearing - Carmine and Venusta Carnevale Southold Z.B.A. CHAIRMAN, cont'd: exempts the subdivision, which means the lot stands, so we will definitely take that into consideration and we appreciate your driving all the way out here. MR CARNEVALE: Oh, we don't hear tonight. CHAIRMAN GOEHRINGER: We normally do not make decisions. MR CARNEVALE: You notify us? CHAIRMAN GOEHRINGER: We will notify you. MR CARNEVALE: Thank you very much. CHAIRF~/g GOEHRINGER: Thank you. Is there anybody else who would like to speak in favor of this application? Is there anybody who would like to speak against the application? Seeing no hands, I'll make a motion closing the hearing reserving decision until later. Ail in Favor - AYE. !!1. No. 3998 ~ licant(s): Henry and Mary Raynor ~ ation of Property: ROW off Peconic Bay Blvd, Laurel ~ nty Tax Map No.: 1000-126-4-1,2,5 ~ The Chairman opened the hearing at 8:27 pm an~reae the tlc=-~f hearing and application for the record. CHAIRMAN GOEHRINGER: January 11, 1991, I believe on behalf of Mary and Henry Raynor. Would you like to be heard, Mr. Raynor? MR P~AYNOR: Good evening, Mr. Chairman, It's nice to know that you do have quiet meetings. My name is Henry Raynor, and I would like to explain a little bit about the proposal before you tonight. It's a two-fold proposal. The first is to separate seven lots into two parcels. The second would be to create a reasonable access to the lots in question. The subdivision you have before you was created by A.L. Downs in 1922, filed map number 22 in the Suffolk County Clerk's Office does not appear on the exempt list in the Town of Southold. Of course this was back in 1957 and subsequent to that the subdivision has not appeared on that list either. It was the custom of the earlier subdivisions most of the lots were laid out in 50 and 60 foot widths. This is true throughout this whole big subdivision. Most of the homes already constructed up on the lots occupy two of the proposed Page 23 - March 22, 1991 Public Hearing - Henry and Mary Raynor Southold Z.B.A. MR RAYNOR, cont'd: lots as the filed map indicates. The appeal before you is to create two lots from the seven lots shown on the filed map. Ironically, these seven lots already show as three lots on the existing zoning maps here in the Town. This was primarily because property was transferred to Mr. and Mrs. Mastropaolo at different times and through different owners. One piece being filed in 1950, one in 1952 and the third in 1965. The Board has before them the proposed plan to merge these lots, this would create one lot from the lots shown as number 28, 29, and 30. The second lot would come from those lots 24, 25, 26, and 27. Both these lots would be in excess of the half acre. As we're aware the property is zoned presently under an R-40, we are before you for an area variance. These lots are unique in that they create the remaining group of the subdivision on the east side of the property of the filed map and would resolve any further question concerning other subdivisions. The proposed lots are equal in size and character. Two are greater than the surrounding neighborhood. Property is completely wooded, it slopes to Reeve's Creek on the east. Both the proposed building sites as we've spotted in are above the 10 foot elevation contour, and could easily meet the prior setback standards created in the old zoning section under 100-32A. I would like to address the second part of this variance hearing and that's the right of way for the access to the proposed two lots. I hope you are ready for this. There are an existing four right of ways connected with this property either by deed or by filed map. The first right of way is for deeded rights across Peconic Bay Boulevard to Peconic Bay. This right of way is separated by the roadway and is really not an issue concerning access to the property. The second right of way would actually be owned by the proposed southerly lot. This is a separate tax parcel, but there are right of ways over deeded and older deeds to the northerly lots. This would connect Peconic Bay Boulevard to the southerly lot. This right of way would be incorporated into the proposed southerly lot and we would stipulate on the granting of the access from the westerly portion, Masters Road, it would not be used for ingress or egress for either of these lots. The ten foot strip, which is a separate parcel, being encumbered by many rights of ways, is not an environmentally sound approach to access any of this property. In 1922 it was probably deemed that way. In 1991 it is not. The third right of way runs parallel both north and south to PecoDic Bay Boulevard and to the end of the property on the west side of the subdivision. This is commonly know as Masters Road. The Board has been there and they have probably seen the sign. This right of way is currently shown as being owned by the County of Suffolk, this leaves a question concerning the deeded rights of access over Page 24 - March 22, 1991 Public Hearing - Henry and Mary Raynor Southold Z.B.A. MR RAYNOR, cont'd: this property, as parts of it have reverted for tax sale to the County. In a title search, that was presented prior to this Board, Commonwealth Title indicates that this was an improper taking of taxes, and they have been continually paid on certain portions of this right of way, all the taxes necessary. As a result of the deeding out of the entire right of way, certain owners that are on the right of way in essence may not be aware of it, but are shown as owning property on which they pay taxes that show on the road maps and the County Maps as being under the County of Suffolk. The fourth right of way, it would be the proposed access for the southerly lot, this one connects with Peconic Bay Boulevard, going north over the right of way number three, which was mentioned before, Masters Road then easterly, then northerly following the course of the filed map of A.L. Downs. I want to make it clear that my wife and I are both contract vendees to the Estate of Albert Mastropaolo and pending the decision of this Board, we will see what will happen. It's not the easiest thing concerning access on this property. I would be more then happy to try and answer any questions that the Board may have concerning anything that I have presented tonight. CHAIRMAN GOEHRINGER: improvements to the of way. Mr. Raynor, you recently had done some road itself, that's the north/south right MR RAYNOR: I have not. CHAIRMAN GOEHRINGER: You have not. MR RAYNOR: I have not. I would like to stand up here and take the credit for it, but somebody has certainly. That would be right of way three. CHAIRMAN GOEHRINGER: In our first meeting, before I get into that, whatever we impose in reference to standards for the right of way, I'm sure you will be able to live with, I know this is a lead in question and I don't mean to be... MR RAYNOR: If the Board is going to stipulate a major subdivision road, no we could not live with it. CHAIRMAN GOEHRINGER: No, I'm not. Originally the easterly and then the northerly right of way, to what you refer to as the southerly lot, I thought you had another suggestion in running it through the northerly lot coming off that way into that parcel as opposed to the improvements over this, untilled basically area. Page 25 - March 22, 1991 Public Hearing - Henry and Mary Raynor Southold Z.B.A. MR RAYNOR: The preference would be to follow the filed map, however, the northerly lot depending on the right of way to the west, could be utilized but it would break up that northerly line. I would leave that at the discretion of the Board. CHAIRMAN GOEHRINGER: So we are going to go back now with the existing right of way as it is so drawn here? MR RAYNOR: As it so shown, drawn, and petitioned. We are open to certain options, one of which I have mentioned. The second of which would the possibility of feeding the northerly lot through right of way number four as is filed on the map because it does go to the southerly line on the northerly lot proposed. If anybody is not confused at this point I would be very surprised. CHAIRMAN GOEHRINGER: I think what you better do is, you better come up here and just give me these numbers that you have, so that we all have it and we can deal with it in a decision when we get down to that particular point. You are referring to the purported County of Suffolk, which we know is going to be cancelled... MR RAYNOR: You are missing a few right of ways here. MS KOWALSKI: There is another map here too. CHAIRMAN GOEHRINGER: I just want to know what your numbering this right of way to be? MR RAYNOR: This would be three. This would be four. And one goes down here and two actually exists here. CHAIRMAN GOEHRINGER: This is two along the creek. MR RAYNOR: That is correct. CHAIRMAN GOEHRINGER: Now, because of the topography of two there is no possibility of you dealing with that? MR RAYNOR: That is correct. CHAIRMAN GOEHRINGER: So that basically is going to be a .. MR RAYNOR: I would not want to deal with it. CHAIRMAN GOEHRINGER: You are not going to deal with it in any way, matter or form. Page 26 - Ma~ch 22, 1991 Public Hearing - Henry and Mary Raynor Southold Z.B.A. MR RAYNOR: I don't believe any agency, Town, County or State would ever grant a permit over that. CHAIRMAN GOEHRINGER: So we are saying that that is basically a covenant area where there will be no construction of any form. MR RAYNOR: That's correct. Because it is, it shows as a separate tax parcel. However, we would incorporate it into the southerly lot and it's in no man's land. We would covenant it that there would be no construction, nor ingress or egress. CHAIRMAN GOEHRINGER: Okay, because we had a call from the neighbor. MR RAYNOR: I have spoken to several of them concerning it to assure them that we have no ideas at all. CHAIRMAN GOEHRINGER: Okay. MR VILLA: On right of way four, you show it as being bold lines, but yet on the insert here it shows just as a dotted line on those lots. Don't those people realize they've got a right of way or where are their houses built? MR RAYNOR: There is one house built on this right of way which is built midway between right of way three and we'll call it right of way four to keep it as is. Right of way four exists on the filed map. MR VILLA: It shows here. MR RAYNOR: That's why it shows there. The dotted line on the tax because at the time of deeding of certain of these parcels throughout the last 60 years, fee title was actually transferred to some of the lots to the south, 23, 24. I would have to get the...I provided them all with independent title searches. They are cloudy at best. I haven't got a straight answer for your question, Mr. Villa. MR VILLA: Because it shows, to me it looks like that right of way is part of that lot and not a separate and distinct right of way. MR RAYNOR: It may very well be shown that way on County maps. The filed map of the subdivision does not show it that way. It's in that gray area. That was one of the reasons for leaving open the options of just using right of way four Page 27 - March 22, 1991 Public Hearing - Henry and Mary Raynor Southold Z.B.A. MR RAYNOR, cont'd: for the southerly lot and Mr. Goehringer mentioned using right of way three for the northerly lot as aR access. MR DINIZIO: Are there any obstructions within that right of way? You said there was one built on the right of way. You are not saying it.. MR RAYNOR: No. It's between right of three and right of way four, there is nothing. MR DINIZIO: It's the one that's indicated on that map? MR RAYNOR: Let's look at it so I answer your questions correctly. CHAIRMAN GOEHRINGER: Let the record show that we are again pointing to right of way number four. MR DINIZIO: I was talking about this. Is this what you were talking about as far as, it's just built on the right, I mean it would be used on the right of way, not that it's built. CHAIRMAN GOEHRINGER: There is no encroachment on the right of way? MR RAYNOR: No. None at all. There is 70, 80 feet. MS KOWALSKI: No fences. CHAIRMAIq GOEHRINGER: For the record I had driven down right of way number four as far as I could go to the turn around and no one did shoot at me or anything of that nature. MS KOWALSKI: There are no fences or anything? CHAIRF~kN GOEHRINGER: No. Nothing. Now before we get into, are you going to address the set-off situation. I know that you have done it already, but is there anything else you would like to say about that before we get into the improvements of the right of ways? MR RAYNOR: Only that the set off situation concerning the area of the variance, the area of variance, it's basically in conformity or larger than the existing parcels that are in the area. Again they are very old lots, very small lots. It was one that was over looked when the ordinance was initiated. CHAIRM3LN GOEHRINGER: Would you say that the subdivision is Page 28 - March 22, 1991 Public Hearing - Henry and Mary Ra!rnor Southold Z.B.A., CHAIRMAN, cont'd: 30%, 60%, 50% constructed? MR RAYNOR: I would say that out of the 30 lots, about a third. Primarily because that third that has been built out would consume two lots on an average for each, for each one of the dwellings. CHAIRM3~N GOEHRINGER: I don't have any particular questions in reference to, are you going to require variances from the creek for any constructions? MR RAYNOR: Under the existing ordinance yes. And I've addressed that with the Trustees preliminarily, I've had them plot the wet lands, which are on the maps and it will be a 25 foot request of relief, should they grant it. CHAIRMAN GOEHRINGER: From the 75 feet? MR RAYNOR: From the 75 feet. We tried to keep everything above the ten foot contour. CHAIRMAN GOEHRINGER: Now let's go into the improvements in reference to right of way number three. What are you proposing in this area? MR RAYNOR: Well basically what is there now has been ~proved. Somebody has filled it with bank run sand, whom I ve no idea. I would leave that at the discretion of the Board as to number one, where the access would be and what improvements, with what access they would take as far as granting of the variance. Right of way four was cut through by the estate. Approximately two years ago it was back opened up. That is as far as they got they stopped at that point and decided that they would try to sell the property. CHAIRF~kN GOEHRINGER: I don't think I have any further questions. Do you gentlemen have any questions? MR DINIZIO: You are preferable to three, right? MR RAYNOR: I would prefer to feed the southerly lot off three if nothing else. That would not disrupt the northerly lot as far as building area is concerned. Thank you. CHAIRMAN GOEHRINGER: Thank you. Is there anybody else who would like to speak in favor of this application? Anybody like to speak against the application? The only other question I have Mr Raynor, I'm sorry that I made you sit down. The improvements over the northerly lot to the southerly lot if they were to, if we were so inclined to deal Page 29 - March 22, 1991 Public Hearing - Henry and Mary Raynor Southold Z.B.A. CHAIRMAN, cont'd: with it on that basis as opposed to, and again I'm a little confused about this and I apologize, I thought there was a confusion here. When I originally asked you, you said that you would rather now deal with right of way number four as an improvement. MR RAYNOR: As an improvement that would be my preference. CHAIRMAN GOEHRINGER: Okay. Instead of utilizing the right of way over the northerly line? MR RAYNOR: That is correct. CHAIRMAN GOEHRINGER: Bearing in mind of course, that we are talking much more money or footage as opposed to the other way. MR RAYrNOR: To some degree, yes. But it would allow more of the privacy for the other lot. CHAIRM3LN GOEHRINGER: Thank you. I apologize. I'm certainly glad we go~ those numbers down. Seeing no further questions, I make a motion closing the hearing reserving decision until later. Ail in Favor - AYE. CHAIRMAN GOEHRINGER: Thank you very coming in. Appl. No. 4005 Applicant(s): Thomas Kelly and Nancy :ation of Property: 2725 Wells ax Map No.: 1000-70-4-16 Southold The opened the notice of app at 8:45 pm and read the for the record. CHAIRFL~N GOEHRINGER: It recessed hearing from the last regularly scheduled meetir .1 ask the architect if there is something that would l~k~add. How are you tonight sir, and than_~ for coming~ MR PIEX: I'm Doug/Pie: We took your sugge~on of the relaxed set backs~or the front yard garage and ~.~ the concerns of the ~ighbor to the nor=h, for views thr~h our property to the ~outh and came up with a new position f~the garage. Here five copies of it. But I also.have_~ model, which gives it to you. Here is Wells Road, the r( line is a twenty foot set back and you had said last time we could go as close as perhaps ten feet to ,/ Page 11 - January 11, 1991 Public Hearing Stanley Wernick Southold Z.B.A. require hay bails or straw bails but in this particular c~se where the property falls away I don't think it is actually necessary because you couldn't possibly have that amount of raiu water that would actually cause that height to spill over the top because of the way it is groded. MR FEELEY: Also the design of the roof will help that. It is going to shed oil to the side, majority of it. Only the northerly end would be shedding toward the bluff and with the gutters it could be prevented. CHAIRMAN GOEHRINGER: We thank you very much. Is there anybody else who would like to speak in favor of this applicat[oo? Is there auybody who would like to speak against thiz application? Questions from Board Member,s? Hearing no further comments I make a motion closing the hearing ~ezerving decision until later. Ali. in favor - AYE. Appl No. 3998 Applicant(s): Henry and Mary Raynor Location of Property: Peconic Bay Blvd, Laurel County Tax Map ID No. 1000-126-4-1,2,4,5. The Chairman opened the hearing at 8:!.0 p.m. and read the notice of ]~e~{ring ~nd application for the record. CHAIRMAN GOEHRINGER: I have survey a produced by Peconic Surveyors most recent date is 10/14/90 indicating two rights of way. One walking path and the other a roadway, driveway dirt construction primarily. I have a copy of the Suffolk Count~ Tax M~p indicating this and ~urroundlng properties in the area. Would you like to be heard Mr. Raynor? MR RAYNOR: Basically we are working with an old filed subdivision map 1929 A.L. Downs. There are 4 rights of way involved. The one before you on southeast portion extending over lots 31 and 10 going through lots 28 and ~0. They were originally deeded as access to lots 28, 29 and 30 however, on a physical review of the site to develop a lot out of those 3 lots on the A.L. Downs subdivision which we propose to do It would be extremely environmentally unsound to try and follow this right of way as it exists. Thc second right of way exists from Peconic Bay Blvd along the boundary running north to lots 2~,25,26 and 27 there is al:'~o a developers map right of way which he is had that westerly right of way to the east in a dog like fork. We presume that it would be better to condition to come up thc westerly as described by deed then to proceed through the developers right of way to the east Page 12 - January tl, 1991 Public Hearing - Henry and Mary Raynor Southold Z.B.A. and then again to the north. The property in question exists on town maps as ~ separate tax deeds and I am trying to procure for the Board a single and separate title search for each one of those. CHAIRMAN GOEHRINGER: You will be back with that right? At another hearing. MR RAYNOR: If it is required. Yes I will. To date in the deed transfers that I have brought to your office lot 24 was deeded to the Est.~te which we are coutract vendees in 1952. Lots 25 and 27 wer~~ deeded from in 1950. Lots 28 30 were deeded from Arthur Downs son in 1965. I will leave with the d~cretion of the Board to decide whether or not we should come back and whether ur not they ar~ merged, because they do pre-exist zoning ordinances in the T~3wn of Southuld. I hope I haven't confused the Board any. CHAIRMAN GOEHRINGER: No. We will wait until we get that single and separate search. You are having one done at this time? MR RAYNOR: We aue having one prepared. CHAIRMAN GOEHRINGER: Can I just ask you a question, when one goes to the site and one :~:idcs down the ~o~d through the caverns there appear tu be two rights uf wuy there. Are they encompassing on(; right of way? MR RAYNOR: They are not. CHAIRMAN GOEHRINGER: We are only ta]ki~g about the easterly right of way which is the nature of this application. You are also proposing that area which then basically approximately to the rear of the house that is on the corner of this right of way on Peconic Bay Blvd. You are proposing that we run an alternate right of way through lots 2~,25,26, and 27 to the back lot rather then u~.ing that existing dog leg which goes to the east and then to the north. MR RAYNOR: That is correct. CHAIRMAN GOEHRINGER: To what extent would you be considering conventing that lot , 20 foot access, 15 foot access. MR RAYNOR: I would leave it at the discretion of the Board, however, the 4 lots to the north goes with the 24,25,~6 and 27 we have proposed to make a single driveway. 28-30 would use the first part of that driveway in common usage. Whatever the criteria would be set by your Board. It's very Page 13 January 11, 1991 Public Hearing - Henry and Mary Raynor Southold Z.B.A. wooded and we would like to disturb as little as possible. CHAIRMAN GOEHRINGER: As you are aware that I don't know whether we are under contract with Sidnuy Brown oz not but we do have a gentlemen that has now coma to th~ Town and it has been the suggestion of this Board in the ~,F..~t to have the Town Engineer look at this ~ight of way, existlng right of way. We will have this gentlemen go down or at least a member of the highway department go down and take a look at it. MR RAYNOR: The existing right of way on the westerly ~' ~]de is in very bad shape. CHAIRMAN GOEHRINGER: W~ will see reference to enhanc]ng it at this that existing right of way. what his suggestion is in point. }Iow ma;~y houses use MR RAYNOR: At least 3. CHAIRMAN GOEHRINGER; I .~ ± k t{~ward the rear that also becomes a comm:~n right of way it appears that when it goes around the trees again, dee~ it not? MR reflect. It appears thi~t way on tax maps. It doesn't CHAIRMAN GOEHRINGER: If you don't mind what we will do is recess this hearing to the next regularly scheduled hearing and have the Town Engineer or a member of the Town Highway Department go out and take a look at the right of way .and let them make some suggestions. In the interim I will go and take a look at the alternative access that you are requesting through lots 24, 25, 26 and 27. I have a sketch of that but I wrote in the other one I fnrgot about the other access, which is ~ better idea probably. MR RAYNOR: If you look at the access the properties in the described deeds prohibited the driveway. from the southeast of you can see it's CHAIRMAN GOEHRINGER: I drove in there with my four wheel drive and got about 3/4 of the way through, then turned around and came back out. That was my concern because access for fire vehicles would be very difficult without taking a substantial amount of trees down. I do concur on that basis. Is there anybody else who would like to speak on behalf of this application? Is there anybody who would like to speak against the application? Seeing no hands I make a motion recessing this hearin9 to the next regularly scheduled Page 14 - January 11, 1991 Public Hearing - Frank Sawicki Southold Z.B.A. ~seeting. The next regularly scheduled monthly meeting. Ail in favor - AYE. Appl No. 3999 Applicant(s): Frank Sawicki / Loc of Property: N/S C.R. 48, Southold / County _'.~p ID No. ~000-51-3-5 . / The ~h~man openeu the hearing at 8.19 p.m~and rea,~ the notice of '~earing add application for the r~cord. / CHAIRMAN COEHR ~R: Th~ ProPosed buildin~ t~ be used depth. I have co ,~ tnt Suffolk County T~x Map indicating this and su£ronnd[ng op~rties ia the arew. Would any of you gentlemen ![ke ~- ~,.~ n' ~ '~ ~.~]~1. / MR SAWICKI: Good eveni~,g on~bers of th~ Board. I would like to thank you f~,~ thc ~ity to aD, ear before you preseut the case to you on ~llf of {~y Uncle Frank who is hear tonight and my Aunt Hrs. lte? Sawicki who asked ale to represent her. i bzou,3ht you a letter as she is out of state for this hearing this uven The letter is for your files. The basis of this appeal/c~ ~rs around the fact that their potato barns are no longer ~u be used for agricultural storage purposes.. Frank ah~ his brother Walter used these potato barns quires'extensively throughout the many decades that the family farm was in business. Walter Sawicki passed away more than two years ago and even before he passed away the barns really wer~7]'t used for real active agricultural purposes for~approximately three years prior to his passing away. With~the exception of partial leasing to other potato farms who~would use it for potato storage there has been little or no/~gricultural use enjoyed by these buildings for the last 5 to 6 ye~rs. Pl~2ase understand that after a brother of ~rank and Walte~ Sawicki passed away the family farm has be~ totally Gissolved, retired and unfortunately I p~rsonally must add there will probably be never be another/~awicki farm again. Where does that leave them width thc pg/cato barns? Under current zoning use they can legally beF~rted ~f course to a residential building if it is at ~,,~o~.i~le. You are probably literally speaking enormous sum= of money to convert a potato barn into a residenti~l.~!ldi~g. They have ~con trying in earnest to rent these/building for other agricultural uses but to no avail. ~a~r,~t~of fact the current tenant Steve Doroski wh~ leases only part of the building for potato storage and ha.~ been~ for a number of years now. He has already provlded APPEALS BOARD 'MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Dec. S.E.Q.R.A. ~fPE II ACTION DEC~TION 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 19, 1990 Appeal No. 3998 Project/Applicants: Henry and Mary Rayn0r County Tax Map No. 1000- ]26-4-] and 2 Location of Project: 420-540 ROW off Pec0nic Bay Blvd., Laurel Relief Req~ested/Jurisdiction Before This Board in this Project: Area and width ·"nis Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental ~ality Review Act of the Envirop]nental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (~hort) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board's area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of ~]pe II Actions. Pursuant to Section 617.2jj, this Department is excluded as an involved agency. · ~nis determination shall not, however, affect any other agency's interest as an involved agency under SEQP~ 617.2jj. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. NOTICE IS tti{i<~;BY GIVEI~, pursuant to Section 267 of New York Town Law and the Code of the Town of Southold. the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meetmg, at the Sonthold Town Hall, 53095 Main Road, S~Ny 11971. on TUESDAY, APRIL 30. 1991: 7:30 p.m. Appl. No. 4015 -- MELVIN AND MOLLIE KURS. Variance to the Zoning Ordinaqce, Article XXIV, Section 100-239.4A, Section 100-244B, for permissio~ to SICA W. BARNARD..Variance to the Zonin80rdinaace, Article HI, Section Somhold, NY; County Tax Map Dis- Zoning On.artec, Article Ill. Section Property: 265 Freeman Road, Matti~ ack, NY; Cotmty Tax Map No. 10130- wall along high wamr ma~k. Location. of Property: 1235 Island View Lane., fomang dwelling sm~cmre, inc,'easing (Current Omen: Mr. and Mn. Albert the we~t side of Luther* (~reakwater) No. 1000-99-2-18. 8:05 No. 4017 -- CHARLES BLEIFELD, Varianms to the Zoning Ordinance. Article III. Section 100-33 and Article XXIV, Section 100-244(A) for: (a) p~rmis- sion to locate swimming pool and incidental to the proposed residence in an a~.a other than the required rear yard. and (b) permission to locate new dwelling stmctan: with reduced side yard setbacks and reduced from yard setback. Location of Property: 1115 Private Road No. 16 at Bayvie~),' Southold; Lots 41 and 42 as shown mi the Cedar Beach Park Filed Map No: 90;, County Tax Map No. 1000-90-4- 19 and 20. 8:15 pan. Appl. No. 4022 -- CEL-' LULAR TELEPHONE COMPANY dfo/a M~TRO ONE. R~quest for Sp*- cial Exception approval m~der Article V~I, Section 100-8lB(I), ~d Article II1, Section 100-31B(6) for an ~rn-n~nned telecommunications buildz mgm an existing concrete block building and construction of a 104-ft. high monopole radio tower with anter~a foe trartsmitting and receiving radio signals to provide cellular tele- phone services. Location of lh'operty:: 415 Elijah's Lane, Mattitock, NY;' also shown on Planning Board Map of May 15, 1990, Map No. 8937, County Tax Map No. I000-108-4~' 111.$ (part of I 1). The Boa~ of Appeals will at said time and pl~ce hear any and all per- sons or r~presematives desiring to t~ heard in each of the above matters. Written comments may also be sub- miued prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. Addi- tional time for yc~Jr p~:smtation will be available, if needed. For more information, please call 765-1809. Dated: April 10, 1991. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER CHAIRMAN By Linde Kowalski 1 STATE OF NEW YOR~} ) SS: COUNTY OF SUFFOLK) said County, being duly sworn, says that he/she IS Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattltuck~ In the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed cop/, has been regularly published in said Newspaper once each week for / weeks successively, commencing on the ,/~ day of t9 ql LEGAL NOTICE NOTICE IS toH~ct By GIVEN, pursuant ion 267 of New York Town Law and the Code of the Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, 53095 Main Road, Southold, NY 11971, on TUES- DAY, APRIL 30, 1991: 7:30 p.m. Appl. No. 4015- MELVIN AND MOLLIE KURS. Variance to the Zoning Ordinance, Article XXIV, Sec- tion 100-239.4A, Section 100-244B, ,for permission to con- struct addition with an insuffi- cient frontyard setback from the .westerly property line, over exist~ lng patio. Location of Proper- ty: 360 Miami Avenue, Peconic, NY; County Tax Map District/ 1000, Section 67, Block 06, Lot'~ 016. 7:33 p.m. Appl. No. 4014-- JESSICA W. BARNARD. Var- iance to the Zoning Ordinance, Article III, Section 100-33 for permission to locate accessory building in an area other than the required rear yard. Location of Property: 4240 Paradise Point Road, Southold, NY; County Tax Map District 1000, Section 81, Block 3, Lot 7. 7:38 p.m. Appl. No. 3988-- ANTONIO VANGI. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 and Ar- ticle XXIll, Section 100-239.4A for permission to construct addition with a setback of less than 1~0 feet from the top of the bluff along the Long Island Sound and with side yards at less than the required 15 and 20 feet. The dwelling as exists is -, nonconforming as to total slde.~ 7 yards, and the lot area and width are nonconforming in this R-40 Zone District. Location of Pro- perty: 645 Glen Court, Cut- chogue, NY; County Tax Map No. 1000-83-1-17. 7:45 p.m. Appl. No. 4020-- KEITH HARRIS. Variance to the Zoning Ordinance, Article I!1, Section 160-32 for permis- sion to construct addition with an insufficient (westerly) side yard setback. Location of Pro- perty: 265 Freeman Road, Mat- tituck, NY; County Tax Map No. 1000-139-3-37. 7:48 p.m. Appl. No. 4019- CHARLES KREPP. Variance to the Zoning Ordinance, Arti- cle XXIII, Section 100-239.4B for permission to construct open deck addition with an insuffi- cient setback from the retaining wall along high water mark. Orticle I11, Section 100-33 and Location of Property: 1235': Article XXIV, Section 100- Island View Lane, Greenport, 244(A) for: (a) permission to NY; County Tax Map No. 10~0- 57-2-18. 7:52 p.m. Appl. No. 4016- JULIUS AND KATHERINE RAGUSIN. Variance to the Zoning Ordinance, Article XXIV, Sections 100-242A and 100-244B for permission to con- struct addition to existing non- conforming dwelling structure, increasing the lot coverage and reducing the rear yard setback. Location of Property: 215 Hum- mci Avenue, Southold; County Tax Map No. 1000-63-2-14. 3998_~ AND MARY RAY- NOR. (Current Owners: Mr. and Mrs. Albert Mastropaolo.) Variances: (1) for approval of ac- cess as required by New York Town Law, Section 280A over private right-of-way extending off the north side of Peconic!~ Bay Boulevard, Laurel, to pre- mises identified as County Tax Map Designation 1000-126-04-1, 2, 5; and (2) to the Zoning Or- dinance, Article IIIA, Section 100-30A.3, requesting relief under the bulk area require- ments of the proposed norther- ly parcel of 30,162 sq. ft. and the proposed southeasterly parcel of 27,062 sq. ft. The subject land is located in the R-40 Zone Dis- trict, and is also shown on the "Map of A.L. Downs" as Lots No. 24, 25, 26, 27, 28, 29, 30. Containing a total combined area of 1.43 ± acres. (Record is reopened to receive additional p.m. Appl. No. 4012- WILLIAM AND VIOLA DE- LUCA. Variances to the Zoning Ordinance, Article Ill, Section 100-32 for approval of insuffi- cient lot area, depth and widthl',6 of two parcels in this proposed division of land located along the west side of Luthers (Break- water) Road, Mattituck; Coun- ty Tax Map No. 1000-99-2-18. 8:05 p.m. Appl. No. 4017- CHARLES BLEIFELD. Vari- ances to the ~Zoning Ordinance, locate swimming pool and gar- age structures as accessory uses incidental to the proposed resi- dence in an area other than the required rear yard, and (b) per- mission to locate new dwe[hng structure with reduced side yard setbacks and reduced front yard setback. Location of Property: 1115 Private Road No. 16 at Bay- view, Southold; Lots 41 and 42 as shown on the Cedar Beach Park Filed Map No. 90; Coun- ty Tax Map No. 1000-90-4-191:: and 20. 8:15 p.m. Appl. No. 4022-- CELLULAR TELEPHONE COMPANY d/b/a METRO ONE. Request for Special Ex- ception approval under Article VIII, section 100-8lB(I), and Article 11I, Section 100-31B(6) for an unmanned telecommuni. cations building in an existing concrete block building and construction of a 104-ft. high monopole radio tower with an- tenna for transmitting and re- ceiving radio signs to provide cellular telephone services. Location of Property: 415 Eli- jah's Lane, Mattituck, NY; also shown on Planning Board Map of May 15, 1990, Map No. 8937. County Ta~ Map No. 1000-108- 4-11.3 (part of 11). The Board of Appeals'will at said time and place hear any and ,£ all persoi~s or representatives de-[ siring t~ be heard in each of the above matters. Written com- ments may also be submitted prior to the conclusion of the subje~:t hearing. Each hearing will not start before the time al- lotted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated: April 10, 1991. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER CHAIRMAN i By Linda Kowalski / [q~ 1X,,4/18/91 (4)/ COUNTY OF SUFFOLK S'I'^'I'E OF NEW YORK Patricia Wood,' bein§ duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at SouthoJd, in Suffolk County; and that tile notice of which the annexed is a printed copy, h~s been .publishecl in saicl Long Island Traveler-Watchman once each week for .................... / ...... weeks successively, commencing on the Notary Public BARBARA A. SCHNEIDER NOTARY PUOLIg, St?te of New York. No. 4~0G846 qu31ified in Suffolk Co~ntyl Commission Expires APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. If you or your representative should require more than 20 minutes to present your case, it is suggested that the extended presentation be submitted in writing at the hearing (if possible). 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. CHAIRMAN GOEHRINGER Copies of the Legal Notices for Hearings to be were sent to the following on 4/15/91 Mr. & Mrs. Melvin Kurs 1404 Lowell Avenue New Hyde Park, NY 11040 Ms. Jessica W. Barnard 225 Elderfields Road Manhasset, NY 11030 Mr. John Scaramucci 2045 Westphalia Road Mattituck, NY 11952 (Vangi) Marie Ongioni, Esq. (Vangi) 218 Front St. Box 562 Greenport, NY 11944 Mr. Keith Harris P.O. Box 513 Mattituck, NY 11952 Torkelsen Builders, P.O. Box 1475 Southold, NY 11971 Inc. (Krepp) Deborah Doty, Esq. (Ragusin) P.O. Box 1181 Cutchogue, NY 11935 Mr. & Mrs. Henry Raynor 320 Love Lane Mattituck, NY 11952 (DeLuca and Mastropaolo) Peter S. Danowski, Esq. (Beifeld) 616 Roakoke Avenue P.O. Box 779 Riverhead, NY 11901 Wm. D. Moore, Esq. (Cellular Clause Commons Suite 3 Main Road - P.O. Box 23 Mattituck, NY 11952 Telephone d/b/a Metro One) held 4/30/91 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. If you or your representative should require more than 20 minutes to present your case, it is suggested that the extended presentation be submitted in writing at the hearing (if possible). Please feel free to call our o~fice prior to the hearing date if you have any questions or wish to update your file. Yours very truly, Enclosure GERARD P. GOEHRINGER CHAIRM3%N APPEALS BOARD MEMBERS Gerard P. Goehfinger, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. ,lames Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD LEGAL NOTICE 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 New York Town Law and the Code of the Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, 53095 Main Road, Southold, NY 11971, on FRIDAY, MARCH 22, 1991: 7:32 p.m. Appl. No. 4008 - TONY AND MARIE KOSTOULAS. Variance to the Zoning Ordinance, Article XXIV, Section 100-239.4A, Section 100-244B, and Section 100-242A for permission construction which will decrease total side yards and reduce yard setback from bluff along the Long Island Sound. Location of Property: 1035 Aquaview Avenue, East Marion, NY; County Tax Map District 1000, Section 21, Block 02, Lot 013. 7:35 p.m. Appl. No. 4006 - ERIC AND MARY ANN ALEXANDER. (Recessed from February 22, 1991) Variance for addition to dwelling with an insufficient side yard setback. Location of Property: South Side of Peconic Bay Boulevard, Laurel, NY; County Tax Map Designation: 1000-128-04-020. 7:38 p.m. Appl. No. 3988 - ANTONIO VANGI. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 and Article XXIII, Section 100-239.4A for permission to construct garage P~ge 2 - Board of ~eals Notice of Hearings Regular Meeting - March 22, 1991 addition with a setback of less than 100 feet from the top of the bluff along the Long Island Sound and with side yards at less than the required 15 and 20 feet. The dwelling as exists is nonconforming as to total sideyards, and the lot area and width are nonconforming in this R-40 Zone District. Location of Property: 645 Glen Court, Cutchogue, NY; County Tax Map Designation: 1000-83-1-17. 7:47 p.m. Appl. No. 4013 - CARMINE AND VENUSTA CARNEVALE (V.A.F. Inc., Current Owner). Application requesting review and determination confirming or recognizing of this vacant lot for the purposes of obtaining a building permit for a single-family dwelling use in accordance with the zoning code bulk set-back regulations under Article XXIV, Section 100-244. The subject lot is known and referred to as Lot 50 on the "Map of West Creek Estates," filed on August 19, 1963 as Map No. 3848, and as exempted from lot area and width requirements (Section 100-12). Location of Property: North Side of Glenn Road, Southold, NY; County Tax Map Designation: 1000-78-2-7. 7:50 p.m. Appl. No. 3998 - HENRY AND MARY RAYNOR. (Current Owners: Mr. and Mrs. Albert Mastropaolo). Variances: (1) for approval of access as required by New York Town Law, Section 280A over private right-of-way extending off the north side of Peconic Bay Boulevard, Laurel, to premises identified as County Tax Map Designation 1000-126-04-1, 2, 5; and (2) to the Zoning Ordinance, Article IIIA, Section 100-30A.3, requesting relief under the bulk area requirements · P~ge 3 - Board of ~eals Notice of Hearings Regular Meeting - March 22, 1991 of the proposed northerly parcel of 30,162 sq. ft. and the proposed southeasterly parcel of 27,062 sq. ft. The subject land is located in the R-40 Zone District, and is also shown on the "Map of A.L. Downs" as Lots No. 24, 25, 26, 27, 28, 29, 30. Containing a total combined area of 1.43+- acres. 7:55 p.m. Appl. No. 4005 - THOMAS KELLY and NANCY IANNICELLI. (Recessed from February 22, 1991). Variance to locate garage in an area other than the required rear yard at 2725 Wells Avenue (or Wells Drive per assessment records), Southold; 1000-70-4-16. 8:05 p.m. Appl. No. 4007 Zoning Ordinance, Article III, Section 100-33 for approval of accessory gazebo structure in an area other than the required rear yard. Location of Property: 1285 Breakwater Road, Mattituck, NY; County Tax Map Designation: 1000-106-8-48. 8:10 p.m. Appl. No. 4009 - ALEX HOMAYUNI, CHARLES KAPOTES, AND OTHERS. Variances to the Zoning Ordinance under Article XXIV, Section 100-244B, and Section 100-243A, for permission to construct additions and accessory building: (1) exceeding the maximum lot coverage requirement for all structures/buildings, (2) increasing or enlarging, and reconstructing the existing nonconforming two-family building. (Nonconformities of the subject premises are: lot area, both front yards, and two-family use in this R-40 Zone District.) Location of Property: Corner of Goldin Avenue and Sound View Avenue, JOHN F. GARRY. Variance to the '' 'P~ge 4 - Board of ~eals Notice of Hearings Regular Meeting - March 22, 1991 Southold, NY; County Tax Map Designation 1000-135-2-22, 16, 17, 18, 19, (all as one tract of land for purposes of zoning). 8:30 p.m. Appl. No. 3981 - PHYLLIS RAYNE BYER. Variances to the Zoning Ordinance, Article III, Section 100-30A(1), and Section 100-3 for approval of principal (second) dwelling unit, on second floor over existing antique sales shop and residential apartment. (Subject premises is nonconforming as to the current regulations applicable to lot area, parking and landscaping, and building setbacks in this Limited Business (LB) Zone District.) Location of Property: Corner of Main Road and Bay Avenue, Cutchogue, NY; County Tax Map Designation: 1000-85-3-2.1. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated: March 7, 1991. BY ORDER OF THE SOUTHOLD TOWN BOA~LD OF APPEALS GERARD P. GOEHRINGER CHAIRM~/q By Linda Kowalski LEGAL NOTICE NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of New York Town Law and the Code of the Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hail, 53095 Main Road, Southold, NY 11971, on FRIDAY, MARCH 22, 1991: 7:32 p.m. Appl. No. 4008- TONY AND MARIE KOSTOULAS. Variance to the Zoning Ordinance, Article XXIV, Section 100-239.4A, Sec- tion 100-24~R, and Section 100-242A for permission con- struction which will decrease totai side yards and reduce yard setback from bluff aiong the Long Island Sound. Location of Property: 1035 Aquaview Avenue, East Marion, NY; County Tax Map District 1000, Section 21, Block 02, Lot 013. 7:35 p.m. Appl. No 4006- ERIC AND MARY ANN ALEXANDER. (Recessed from February 22, 1991) Variance for addition to dwelling with an in- sufficient side yard setback. Location of Property: South side of Peconic Bay Boulevard, Laurel, NY; County Tax Map Designation 1000-128-0~-020. 7:38 p.m. AppL No. 3988- ANTONIO VANGL Variance to The Zoning Ordinance, Article XXIV, Section 100-244 and Ar- ticle XXIII, Section 100-239.4A for permission to construct garage addition with a setback of less than 100 feet from the top of the bluff along the Long Island Sound and with side yards at less than the required 15 and 20 feet. The dwelling as ists is nonconforming as to totals' sideyards, and the lot area and width are nonconforming in this R-40 Zone District. Location of Property: 645 Glen Court, Cut- chogue, NY; County ~tx Map Designation: 1000-83-1-17. ' 7:47 p.m. Appl. No. 4013- CARMINE AND VENUSTA CARNEVALE (V.A.F. Inc., Current Owner). Application m- questing review and determina- tion confirming or recognizing of this vacant lot for the poses of obtaining a building permit for a single-family dwell- ing use in accordance with the zoning code hulk set-baCk regulations under Article XXI'V, Section 100-24~. The subject lot is kn~o.wn aqd ref~e~ .red~ ~t~,a/~ .LR.I 50 on the "Map of West Creek Estates;' filed on August 19, 1963 as Map No. 3848, and as exempted from lot area and width requirements (Section 100-12). Location of Property:. North side of Glenn Road, Southold, NY; County Tax Map Designation: 1000-78-2-7. ~'~7:50 p,m. Appl. No. 3998- HENRY AND MARY RAYNOR. (Current Owners: Mr. and Mrs. Albert Mastropaolo). Variances: (1) for approval of access as required by New York Town Law, Section/ 280A over private right-of-was extending off the north side og Peconic Bay Bonievard, Laurel~ to premiies identified as Coun~: ty Map Designation 1000-126- 04-1, 2, 5; and (2) to the Zoning Ordinance, Article IliA, Section 100-30A.3, requesting relief under the bulk area re- quirements of the proposed nor- therly parcel of 30,162 sq. ft. and the proposed southeasterly parcel of 27,062 sq. ft. The sub- II ject land is located in the R-40:: Zone District, and is also shown on the "Map of A.L. Downs" as Lots No. 24, 25, 26, 27, 28, 29, 30. Containing a total com- bined area of 1.43 + acres. ~ 7:55 p.m. AppL No. 4005- THOMAS KELLY AND NA-Nr'~- CY IANNICELLI. (Recessed from February 22, 1991). Variance to locate garage in an area other than the required rear yard at 2725 Wells Avenue (or Wells Drive per assessment records), Southold; t000-70-4-16. $:05 p.m. Appl. No. 4007- JOHN E GARRY. Variance to the Zoning Ordinance, Article 111, Section 100-33 for approval of accessory gazebo structure in an area other than the required rear yard. Location of Proper- ty: 1285 Breakwater Road, Mat- tituck, NY; County Tax Map Designation: 1000-106-8-48: 8riO p.m. AppL No. 4009- ALEX HOMAYUNI, CHAR- LES KAPOTES, AND OTHERS. Variance to the Zon- ing Ordinance under Article XXIV, Section I00-244B, and Section 100-243A, for permis- sion to construct additions and accessory building: (1) exceeding the maximum lot coverage re- quirement for all struc- tures/buildings, (2) increasing or enlarging, and reconstructing the existing nonconforming two- family building. (Nonconfor- mities of the subject premises are: lot area, both front yards, and two-family use in this R-40 Zone District. Location of Pro- nevtv: Comer of Goldin-Avenue and Sound View Avenue, Southold, NY; County Tax Map Designation 1000-135-2-22, 16, 17, 18, 19, (ail as one tract of land for purposes of zoning). ,: 8:30 p.m. Appl. No. 3981- PHYLLIS RAYNE BYER. Var- iances to the Zoning Ordinance, Article Ill, Section 100-30A(1), and Section 100-3 for approval of principal (second) dwelling unit, on second floor over ex- isting antique sales shop and residential apartment. (Subject premises is nonconforming as to the current regulations ap- plicable to lot asea, parking and landscaping, and building set- backs in this Limited Business (LB) Zone District.) Location of Property: Corner of Main Road and Bay Avenue, Cutchogue, NY: County Tax Map Designa- tion: 1000-85-3-2.1. The Boasd o f App~ala will ~.i suid thne and pinee hear any and all persons or repr~entafiv~ desiring to be heard in each of the above matta~ Written com- ments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated: March 7, 1991. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By: Linda Kowalski IX-3/14/91(19) Copies of the Legal Notice for Hearings to be held 3/22/91 were sent to the following on 3/8/91: Mr. Vito Randazzo 127 Swan Lake Drive Patchogue, NY 11772 Mr. and Mrs. Eric H. Alexander 4580 Peconic Bay Boulevard Laurel, NY 11948 Mr. John Scaramucci 2045 Westphalia Road Box 1403 Mattituck, NY 11952 Marie Ongioni, Esq. 218 Front Street P.O. Box 562 Greenport, NY 11944 Mr. and Mrs. Carmine Carnevale 1522 North Garbiner Drive Bay Shore, NY 11706 Mr. and Mrs. Henry Raynor, Jr. 320 Love Lane /I//~TZo~I O Mattituck, NY 11952 Dr. R. Tabi 2 Lloyd Haven Drive Huntington, NY 11743 Mr. J. Douglas Peix 50605 Main Road Box 333 Southold, NY 11971 Mr. and Mrs. Richard Wickbodt 25 Beach Road Great Neck, NY 11023 Ward Associates, P.C. 1500 Lakeland Avenue Bohemia, NY 11716 Mr. and Mrs. Stanley Kemptner P.O. Box 1718 270 Golden Lane Southold, NY 11971 (Continued mail list for 3/22 hearings:) Mr. and Mrs. John Garry 1285 Breakwater Road Mattituck, NY 11952 Gary Flanner Olsen, Esq. Main Road P.O. Box 706 Cutchogue, NY 11935 James A. Schondebare, Esq. P.O. Box 1018 Southold, NY 11971 John M. Wagner, Esq. Esseks, Hefter & Angel 108 East Main Street P.O. Box 279 Riverhead, NY 11901 Times-Review Long Island Traveler-Watchman, Inc. ZBA Board Members with copies from files Individual hearing folders Original posted on Town Clerk Bulletin Board 3/7/91 APPEALS BOARD MEMBERS Gerard P. Gnehringer, Chairman Charles G-tigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCO'gr 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. If you or your representative should require more than 20 minutes to present your case, it is suggested that the extended presentation be submitted in writing at the hearing (if possible). 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. CHAIRMAN GOEHRINGER APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. James DiN-izi;o, Jr. Southold Town Board of Appeals MAIN ROAD- BTATE; ROAD 25 BOUTHDLD, L,I,, N.Y. 11971 TELEPHONE (516) 765-1809 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of New York Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Southold, NY 11971, on FRIDAY, JANUARY 11, following times: 7:30 p.m. Appl. the Zoning Ordinance, 53095 Main Road, 1991, at the No. 3995 - GREGORY FEGOS. Variance to Article XXIV, Section 100-244B for approval of open deck addition with a reduced setback from the southerly side property line. (The lot area and depth of this parcel are nonconforming in ~his R-40 Zone District.) Location of Property: 1450 Naugles Drive, Mattituck, NY; County Tax Map Parcel No. 1000-099-5-17. 7:33 p.m. Appl. No. 3986 - ROBERT AND NORMA SIEBER. Variance to the Zoning Ordinance, Article XXIV, Section 100-244(B) for approval of deck/patio construction with an insufficient front yard setback. (The lot is nonconforming as to area and width in this R-40 Zone District.) Location of Property: 4945 Main Bayview Road and the easterly side of Smith Drive North, Southold; also referred to as Lots 83 & 84 on the Pa~e 2 Notice of Hearings Board of Appeals Regular Meeting - January 11, 1991 Subdivision map of "Goose Neck"; County Tax Map Parcel ID No. 1000-76-2-20. 7:35 p.m. Appl. No. 3991 - JOHN AND G~ACE FIORE. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 and Article XXIV, Section 100-244B and Article XXIII, Section 100-239.4, for permission to construct extension to screen enclosure for patio and existing wooden deck with insufficient setbacks from the bulkhead and side (or rear) property line on this corner lot fronting along Cedar Beach Road and the west side of Sunset Way, Southold, NY; County Tax Map Parcel ID No. 1000-91-1-5; also referred to as Lots 158 and 159 on the "Map of Cedar Beach Park Subdivision." (The dwelling as exists is nonconforming as to the rear yard and sideyard setback, and the lot area and depth are also nonconforming in this R-40 Zone District. ) 7:38 p.m. Appl. No. 3992 - PAMELA ANN CONLON. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B for permission to construct new dwelling with insufficient front and - side yard setbacks. (The lot is nonconforming as to area and depth in this Agricultural-Conservation Zone District. ) L0cati0~ of Property: 1765 Peconic_ Bay Boulevard (a/k/a 100 N. Oakwood Dr.), Laurel NY; . Parcel ID #1000-127-8-9. 7:42 p.m. Appl. No. 3984 - PUDGE CORP. ' Variances to the Zoning Ordinance, Article XIV, Sections 100-14lB(i) and C(1): (1) for permission to establish truck rental business as an accessory use, in addition to the Special Exception use conditionally approved 9/10/87 under Appl. No. 3660, and as limited by Condition No. 10; and (2) for approval of extended Page 3 Notice of Hearings Board of Appeals Regular Meeting - January 11, 1991 {modified} height of principal building, in excess of that approved under Special Exception Condition No. 8. Premises is zoned Light Industrial (LI) and is located at 1040 Horton's Lane, Southold, NY; County Tax Map Parcel ID No. 1000-63-1-10. 7:45 p.m. Appl. No. 3977 - MITCHELL MARKS. Variance to the Zoning Ordinance, Article XXIII, Section 100-239B for approval of swimming pool, deck and fence construction with a setback at less than the required 100 feet from bluff along the Long Island Sound. 29829 Main Road, Orient, NY; County Tax Map Parcel ID No. 1000-14-2-1.6. Premises is located in the R-80 Zone District. 7:48 p.m. Appl. No. 3996 - STANLEY WERNICK. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to construct addition and pool with fence enclosure with a setback at less than the required 100 feet from the top of bluff along the Long Island Sound. Premises is zoned R-80 Residential and is located along Private Road No. 5 at Cutchogue; County Tax Map Parcel ID No. 1000-72-1-1.6. 7:52 p.m. Appl. No. 3998 - HENRY AND MARY RAYNOR. Variance for approval of access pursuant to New York Town Law, Section 280-A over private right-of-way extending off the south side of Peconic Bay Boulevard, Laurel, to premises identified as County Tax Map Parcel Nos. 1000-126-4-1, 2, 5. Premises is located in the R-40 Low-Residential Zone District and is also referred to as Lots 24 through 30 on the Map of "A.L. Downs" Page 4 Notice of Hearings Board of Appeals Regular Meeting - January 11, 1991 filed in the Suffolk County Clerk's Office on August 14, 1929 as File No. 21. 7:57 p.m. Appl. No. 3999 FRANK SAWICKI. Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to utilize existing barns for storage of general items (instead of agricultural storage). Subject premises is located in the Agricultural-Conservation Zone District and is situated along the north side of Old North Road Southold, identified on the Suffolk County Tax Maps as Parcel No. 1000-51-03-005. 8:03 p.m. Appl. No. 3990 - MICHAEL CHOLOWSKY (LORINDA C. CASOLA, Owner). Variance to the Zoning Ordinance, Article III, Section 100-31B(7)(c) concerning proposed establishment, construction and operation of a golf driving range, a miniature golf course and building with office accessory and incidental thereto, without necessity of ownership or operation by a not-for-profit corporation. Special Exception application to be filed separately. Premises is known as 3340 Horton's Lane, Southold, NY; County Tax Map Parcel ID No. 1000-55-1-9 and contains 16.7+- acres. 8:15 p.m. Appl. No. 3993 - KENNETH L. EDWARDS. Variance to the Zoning Ordinance, Article III, Section 100-33 (100-30A.4) for permission to locate accessory building in an area other than the required rear yard. Location of Property~ The Gloaming, Fishers Island, NY; County Tax Map Parcel ID No. 1000-10-9-2. R-40 Zone District. Page 5 Notice of Hearings Board of Appeals Regular Meeting - January 11, 1991 The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated: December 13, 1990. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRF~kN By Linda Kowalski Notice of Hearings Southold Town Board of Appeals Regular Meeting - January ll, 1991 Copies mailed to the following: Mr. Gregory Fegos, 215-14 49th Ave., Bayside, NY 11364 Mr. Rudoloh Bruer, P.O. Box 1466, Southold, NY 11971 for Mr. & Mrs. Robert Sieber Mr. Paul Caminiti, Esq. P.O. box 992, Southold, NY 11971 for Mr. & Mrs. John Fiore Pamela Ann Conlon, 96 Shelley Ave., Port Chester, NY 10573 Pudge Corp., P.O. Box 1465, Southold, NY 11971 Mr. Mitchell Marks, 60 East 8th St., New York, NY 10003 Ward Associates, P.C., 1500 Lakeland Ave., Bohemia, NY 11716 for Stanley Wernick ~Mr. and Mrs. Henry Raynor, 275 Cardinal Drive, Mattituck, NY 11952 Mr. Joseph Sawicki, 4002 ROW off Old North Rd., Southold, NY 11971 for Frank Sawicki J. Kevin McLaughlin, Esq., 828 Front St., P.O. Box 803, Greenport, NY 11944 for Michael Cholowsky Kenneth L. Edwards, P.O. Box 332, Fishers Island, NY 06390 COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Edilor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that Ibc nolice of which Ihe annexed is a printed copy, 5wo~n to before me this ..................... day of Notary Public NOTARY PU)UC, ~late al ~ ~ / NOTICE OF HEARINGS NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of Nevt York Town L~w and the Code of the Town of Southold, !;~*~o the Zonln~ Ordinano~ ~. ~ . , flon 1~0-244(B) for approval of North. Southold; also referred iTIOi~3M.;~O Parcel ID NO. wooden deck ~ Horton's Lane, S~ath~ld, NY; bad~s from the bulkhead = i Co, at, Tax ~ap pa~.l ID l~o. 1000- r~ar) p~ope~y lthe c~ ch Road a~d ' 55-1 '~ afld c°~aths 16'7~c acted' fwntmg along Cedar B~a ' 8:15 p.m. APpl. No. 3993 -- the west side of Sunset Way. ' KENNETH L. EDWARDS. Vari- Soothold, NY; County Tax Map Par- col 1D No. 1000-91-1-5; also raferr~d to as Lots 158 and 159 ~ ti~ "Map of Cedar Beach pa~k Subdivision." (The dwelling as exists is noncon- race to the Zoning Ordthancg. A~icin Section 100-33 (100-30A.4) fo~ pe~nission to local access°~ ~uild- in an arco other thanthe i~.quised formthg as to the rear yard and side- ~ y~. Loc~tion d l~openy: yard setback, and the lot area and Glos~ni~g, Ftshers Island, NY; C.~m- _ . : heard in each of the abOVe maRc~. · 100-244B to~ portals- . XXIV, Secure dwellin- with Written c~m~eats may al~ backs ~ Io~ ia nonconforming as : - ~ the time aUotted Addi- · - - · -~' A--;coltmal : Ira · 765 Pec. o~c Bay t~oulc- ~· ~ = ofl~/. I ~ r~ % ~.. inf~natlm, pleaseca1~765'1809' ~.. ard (a/k/a 100 N Oakwo~o ~r., *~ 1990 v_ . -127- Da~t: Decembe~ a~, · Lamd, NY; parcel ID No. 1000 BY ORDER OF THE SoUTHOLD 8-9. TOWN BOARD OF APPEALS 7:42 p.m. Appl. No. 3984 -- GERARD p. GOEHRE~IGER PUDGE CORP. Variances to the ,~ ~ ~ ~:' Zcnth80vdinan~. Ankle XIV, Sec- By Linda Kowalski tiGriS 100-14lB(I) and C(1): ({~.for permission to establish truck ~l{~ business ss an accessory u~e, in eddi- fion to ~ Special Exception use con- ditionally approved 9110187 under AppL No. 3660, and as limited by Condition Ho. 10; and (2) for approval of axtended (modified) I~ight of p6ncipel ~ins. in excess Exce~ion Condition No. 8. ~ ts zoned Light Industrial ~ and ts located at 1040 .Hotton's Lane, celIDNO..)000-63-1- - · :~ _~,~:45 :~. Appl. No. 39'7'/ Section 100-239B for approval of ~ ~: Stmcti~ with · setback at less than the ~1td~d 100 feet f~m biff along ': the'Lea8 Island Sound. 29829 Main i Road, O~ieat. NY; County 'Fax Map parcel ID No. 1000-14-2-1.6. Premia- es is located in the R-80 Zone Di~- 7:48 p.m. AppL No. 3996 -- STANLEY WERNICK. Va6ance to the Zoning O~dinah~ A~inle ~ Sec~im 100-239.4B fo~permlssion to fence enclosmc with a setback at le~s NOTICE I$ HEREBY GIV..BIq., ~;$omld- pn~miacs is zoned R-80 Re. si:' ~t ~ s~i~ ~67 of ~ y~t ~,~. I ~d Iocat~ ao~s P,ivate ~ill b~ held by the SO~i~ at · ~ '~1~ ' :~"~ Town Hall, 53095 Main Road -~Fn~{ ' '""~'AY ~ Variance fo~ approval of ac~ss Southold. NY 11971. mt ~. · '{ mant to New york Town Law, JANUARY ll,1991, atthe? owmS, I ~ 280-A over private fight-of-way] 7:30 p.m. Appl. No. 39 .~"~_~ ~ Z~ains Ordbmuc~, Article AA.a'*.~ ~,.. 1000-126-4-1, 2, 5. lh~niaes is the ffol, -'"'": - ', o} [," ~ o,~t s om,~ on A~s,,,t 14, ~ 14~0 au8Ies ' "'·~q~197'$7 p m ~(p;l. N~)i 3999' rock, NY; County Tax Ma~ Pa~! ,,~ >~: ~n~,~.. ~,~t~CKl V~iance to th, ':?:~3 p.m:_..P.p!.~;-.-.- °'~BER.' '~en 100-31 for pmmiaslon ' ' ROBERT AND WU~.mA -~ '*--* O~dhmnce, · ~ ~ barns for storage of general ya~ianc~ to tn~ ~mg ~ ~: b~. ('ms~ead e~ att~culmral storage). AflideXX1V, Secti°~.100'~bk'B)?r ~ ~e~c~ prcmia¢s"ia located tn the approval of deck,~uo cemtmcuon · ...... -a '-t .Agdculmrd-Conse~ati~ Zone Dis.- i - ' d ts s~tuated along the nortit a~aandwid~mthisR'40Z°ae.~.t ~ idcntifiedontheSuffclkC~mtyTax tdct.) Location pe . tn~ pm~lHo. 1000-51-03-005. ~ ~ ~ ~ Hmlt~ a~aumm, ~; ~ICHAEL CItOLOWSKY also ~ m u Lo~ 83 & 84 m ~ ~'tM~INDA C CAsOLA, Owner). the Subdtvtsmn map o~ GooSe - -, ...... th~ Zonin~ Ordinance, Neck'; County Tax Map parcel ID :' ~k~li~, S~¢lion 100-31B(7)(c) : Ilo. 1000-76-2-20. ~ ----~in* ,,,~nosed establiahraent. 7-35 p.m. Appl No. 399 '~ ~-ctlon and oeeratwn of a golf ~.JOHN AND GRACE FIORE. Va · ~-:-.~-.~ tan~- · miniatu~ 8elf ~ to theZonin8 Ordinance' A '~' a t~uildin~ with office accgssoty '~OV. Sec~n 100-244B and Afllcin ~.~..: ~ ~[~mership or operation by a STATE OF NEW YORK} COUNTY OF SUFFOLK} ,~)/J~O"'-) ~)O~ff~. of Mattituck, In said County, being duly sworn, says that he, dm Is Principal Clerk of THE SUFFOLK TIMES, B Weekly Newspaper, published at Mattltuok, In the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a pdflted copy, has been reguJarly published In said Newspaper once each week for ! weeks successively, commencing on tho ~ day of tor ( . ~ Prj~cit~ierk JUDITH To TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 TO: FROM: DATED: RE: SOUTHOLD TOWN ZONING BOARD OF APPEALS JUDITH T. TERRY, SOUTHOLD TOWN CLERK DECEMBER 14, 1990 ZONING APPEAL NO. 3998 - HENRY AND MARY RAYNOR JR. Transmitted herewith is Zoning Appeal No. 3998 of Henry and Mary Raynor Jr. for a variance. Also included is Short Environmental Assessment Form; Board of Appeals Questionnaire Form; Notice to Adjacent Property Owners; letter to Mr. Raynor from William J. Clark, dated December 3, 1990; copy of deed; Notice of Disapproval from the Building Department, dated December 12, 1990; and survey (2 copies). ~ ,1~16~ (?-/8~--Text 12 ' IPROJECT I.D, NUMBER Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only P~ART I--PROJECT INFORMATION (To be comDleted by ApPlicant or Project sponsor) 1. APPUCANT/SPONEOR I 2. PROJECT NAME a_r¥ and Henry Raynor 3. PROJECT LOCATION: Mu~th=lpllt~ Laurel Ceu.~, Suffn] k East side·of HOW (Naster,s Rd.~ North of Peconic Hay Blvd. West side of Horton Creek (Busing Pond) I~New [] Exoans~on [] Modiflcatl~nlslteratlo. Separation of merged real property Create 2 lots from 7 lots shown on filed subdivision M~p #21 SEQR 7. AMOUNT OF LAND AFFECTED: Initially _.[.. ~ acres Ultimately -~-.~Q.]-i].,.~ acc*es 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTIN-'~-'L~'~'~LAND USE RESTRICTIONS? [] Yes J'-d*No It NO, describe brletly Zoning Board of Appeals Area Variance required E. WNAT ,S PRBSENT LA.D USE ,. V,C,N,~, OF PROJECT? ~ Residential [] Industrial ?'] Commercial [] Agriculture []2] Park/ForesUOpen space [] Othm' 10. dES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (PEDERA~ STATE OR LOCAL)? [] Ye~ [] NO If yes, list agency(s) and permit/approvals Southold Town Trustees NAy. S~D~E~C' Suff CO Dept of Health Services DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLy VALID p~ [] Yes I'~ NO If yeb, list agency name and permil/aDptoval E:] Ye, ~ No I CERTIFY THAT THE INFORMATION PROVIDEO ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE ~"e (~oC~ ~ i ' ~ ~ e~ sFt ~lr mA r~: ~ oar~dp rYo°cUe ~ OVER 1 (Co~:inued on reverse side) The N.Y.S. Enviro~mental Quality Review A · before any action is taken, this board ~HORT ENVIRONMENTAL ASSESSMENT FO~-I INSTRUCTIONS: (a) In--order to answer the questions in this short EAF it is assumed ~hat the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b} If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. {c) If all questions have been answered No it is likely that the project is not Significant. (d) E~nvironmental Assessmeee 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? · ~es K NO 2. Will there be a major change to any unique or unusual land form on the site? .__Yes v No 3. Will project alter or have a large effect on an existing body of water~ 4. Will projeot have a potentially large, impact on groundwater quality? ~Yes ~ No 5. Will project significantly effect drainage flow on adjacent sites~ .. Yes .F...No 6. Will project affect any threatened or endanqered plant or animal species? ___Yes x 7. Will project result in a major adverse effect on air quality? .~Yes ¥ NO 8. Will project have a major effect on visual char- known to be important to the community? _.._Yes 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or p~leont~16gicaL importance or any site designated as a critical envirc~mental area by a local agency? ~es 2~._No 10. Will project have a m~jor effect on existing or future recreational opportunities? ___Yes M NO ll. Will project result in major traffic problems or cause a major effect to existing transportation · systems? ' 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? ___Yes 13. Will project have any impact On public health or safety? 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more'than 5 percent over a one-year ~cs ._y_No period or have a major negative effect on the charact~ of the community or neighborhood? 15. Is there public controversy concerning thc project? . Preparer' s Sl~natur.~ ~ 7/~_%__./ QUEST!O:~NAIRE TO BE COMPLETED AND SUBMITT,"..D YOUR APPLICATION FO~.!~ TO TIlE BOAI{D OF APPEALS Please complete, sign and return to the Office of the BOard of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch), to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours? 2.a)Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference.) b)Are there any areas open to a waterway without bulkhead? 3. Are there existing structures at or below ground level, such as patios, foundations, etc? 4. Are there any existing or proposed fences, cDncrete barriers,,decks, etc? 5. If project is proposed for an accessory building or structure, i~ total height at more than 18 feet above average grounde--~l? State total: ...... ft. 6. If project is proposed for principal building or structure, is total height at more than 35 feet above average groundl-~l? State total:''..' ......... ft. 7. Are there other premises under your Ownership abutting this parcel? If yes, please submit copy of deed. 8. Are there any building permits pending on this parcel (or abutting land under your ownership, if any)? State Permit # and Nature: .... Yes ~ No No Yes ~ Yes ~ Yes ~ Yes ~ Do State whether cr not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): o Planning Board ~ Town Board Yes ~ Town Trustees . Yes County Health Department ~ No ~No Village of Greenport Yes ~ N.Y.S.D.E.C. Other ~~ Yes 10. 11. 12. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from contract) Is' new construction proposed in the area of contours at 5 feet or less as exists? ~No Yes ~ If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have you made application to the Town Trustees for an "' inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? ~ No 13. Please list present use or Operations conducted upon the subject property at this time ~acan~ I c~rtify that tile above statements are true and are bein~ sub ' ; reliance by the Board of Appeals ~ ..... :~ · .. ~ . m~tted for ,, ~un~uerlng my application. ~i S1 nacur ~ ~ (£roperty 0~er) ~thorize nt) 1/88 WETLANDS [Amended 8-2~-71; by L.L. No. 2-1976; 3-25- 85 by L,.L. No. 6-19851: A. TIDAL WETLANDS: (Il All lands generfllly cm'~, ered with. or which border o. ............... lying beneath tidal wntur~, which at mean Iow tide are covered by tidal woler~ tu a max/mum depth of 'five (5) l'eet, including bm not limited to bank.,.. bogs. salt marsh, swamp..~, memJows, fiats er other low lying lands subject to tidal action: (2) Ail banks, bolo. memim~s, fiats and ti(Iai mar~h subjec~ to suih tides and upon which grows or may grow some or any of the tellowin~ salt hay. blacl~ grass, saltworts, sea )av.:nder. tall cord~rass, hig;~ bush. cattails, groondsd, marshmallow and Io~ march cordgrass; and/or (3) Ail land immediately adjacent to a tidal wetland ~ defined in Sub~ection ~V2) and lying' witk;~ seven- ty-five (75) feet landw,~rd of the me~ landward edge of such a ti(Iai .vet :(nil. FR£SII%VATER ~¥ETI,ANDS: (1) ~Freshwater ~tlands' as definr ,~ in'Article 2.1. T~- fie 1. § 2.1-0U.~?, Subdivisions ~j~o l(d) inclusive. of the Envirm mental Censer, ~ 0 ~ [.~w nf the Rtat~ of New ¥orki.md (2) All land immed;ately adj~ ~,~t t~ a 'freshw:~ter wet- lamt." as d~:fined in Sub :,~:~ian Ut1) and lying with- in seventy-five (75) fcc~: ~d~ard of the most land- ward edge el a 'freshv ~ wetland.# 970~ _. /~c _1~_~.,~-4.1 TOWN OF SOUTHOLD PROPERTY RE{',ORD CARD OWNER STREET VILLAGE DIST. SUB. LOT -Z~,~...,=j.. '2.~..~ FOYER OWNER N E ACR. ) S W ~PE OF BUILDING RES. ~ ]] S~S. VL ~ FA~ COMM. CB. MISC. Mkt. Value ~ND IMP. TOTAL DATE REMARKS AGE BUILDING CONDITION N~ NO~L BELOW ABOVE FARM Acre Value Per Value Acre Tillable 1 Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD House Plot DEPTH ; BULKH~D Total DOCK TOWN OF SOUTHOLD PROPERTY RECORD CARD / OWNER STREET VILLAGE DIST. SUB./'/ FORMER OWNER N E ACR. J S W 'I~PE OF BUILDING RES. ~GO S~S. / VL FARM COMM. CB. MISC. Mkt. V~lue ~ND IMP. TOTAL DATE REMARKS 2 ~ /~oo 2000 ~, ~//~/2~ ~'~zo ~,~oo, ~,~,~w~ A~E BUILDING CONDITION N~ / NOR~L BELOW ABOVE FARM Acre Value Per Value Acre Tillable 1 Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD ~ ~ DEPTH /~. ' House Plot ~ ~ BULKH~D Totol COLOR Bath I Dinette Extension /! Basement'-- '/')Cb~'- FJoors ~1'~ ~, .~4'~ ~' K. ~ ~/( ~ LR' -- Extension ~t. Walls $-A~, ~ Interior Finish ~ · ~ ¢ . ~ Extension Fire Place I Heat ~ DR. Type Roof Rooms 1st Floor BR. Porch Recreation Room Rooms 2nd Floo~ FIN. B. Porch Dormer ~ Breezeway Garage O~ Patio ~/~; /~ O.B. Total / ~ ~ /~o.~a~.~.~i:.,~.TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. SUB. LOT FORMER OWNER N E ACR. RES. 3// SEAS. VL ? FARM COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS AGE BUILDING CONDITION Nb-N'V NORMAL BELOW ABOVE FARM A,'re Volue Per Value Acre Tilloble Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER grushland FRONTAGEON ROAD ~ .X' /,.~-~// ~_~. ~(/ House Plot DEPTH BULKHEAD Totel DOCK ./ =logo-/;~-9-,~ TOWN OF SOUTHOLD PROPERTY RE¢:ORD CARD OWNER STREET VILLAGE DIST SOB. LOT ACR. FORMER OWNER / N ~'Q~Y'~.~'JF E~'/~C [g~'~o~ Q,~ J S W ~PE OF BUILDING MISC. Mkt. Value ~ND IMP. TOTAL DATE REMARKS AGE BUILDING CONDITION N~ ( NORMAL BELOW ABOVE fARM/ Acre Value Per Value Acre Tillable Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER HouseBrushl°ndp'~ -- DEPTHFRONTAGE ON ROAD / ¢ ~, 5. ~ BULKH~O Total DOCK M. Bldg.1 Extension Extension Extension Porch Porch J~Oo / ,,/,¢,,L, ~) u COLOR Foundation Basement Ext. Walls Fire Place Type Roof Recreation Room Dormer Breezeway Driveway Garage Patio Total ! d Bath Floors Interior Finish Heat Rooms 1st Floor Rooms 2nd Floor Dinette DR. BR. FIN. B. TOWN OF SOUTHOLD PROPERTY RE( ORD CARD OWNER STREET VILLAGE DIST. SUB. LOT N y~' ~ ? ~ ~'. ¢ s w RES. 2~m S~S. VL. FAro COMM. CB. MISC. Mkt. Value ~N D IM~. TOTAL DATfi ~ ~hl; ~ ' ' ' 700 ~/ ~ ~~/ . AGE BUILDING CONDITION N~( NOR~L BELOW ABOV[ FAR~ Acre Value Per Value Ac re Tilbble 1 Tilloble 2 Tilloble 3 Woodlond Swomplond FRONTAG~ O~ WATER BrusMond IROninG[ O~ ROAD House Plot -~ ~ ~ ~ DEPTH / ~7 BULKH~D Total DOCK M. Bldg. Extension Extension' Extension COLOR F..~u ndation Basement E/Wails Fire Place Bath Floors Interior Finish I Hoot C) Type Roof Rooms ]st Floor Porch Rooms 2nd Floor Porch Breezeway Garage Patio · P_.'-/,Z. & ,, [~ecreation Room Dormer Driveway Total OWNER TOWN OF SOUTHOLD FORMER OWNER ~,/ PROPERTY STREET VILLAGE VL. LAND" k...~.- IMP. J TOTAL ~GE FARM Tillable 1 Tillable 2 Tillable 3 Woodland Swampland Brushland House Plot,~-., FARM I q ~- 0 DATE / t W COMM. CB. MISC. REMARKS ~-~4 BUILDING CONDITION NORMAL BELOW ABOVE , Ac re Value Per Value Acre ^ FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD RECORD CARD DIST. SUB. ACR. TYPE OF BUILDING Mkt. V~lue Toto!.,~ P DOCK COLOR TRIM M. Bldg. EXtension Extension Extension Porch Breezeway ~ Garage Patio Total Foundation Basement Ext. Walls Fire Place Type Roof Recreation Dormer Driveway 13ath Floors Interior Finish Heat Rooms 1st Floor Rooms 2nd FIN. B. / TOWN OF SOUTHOLD PROPERTY RE¢:ORD CARD // /,'~-~' OWNER STREET VILLAGE DIST. SUB. LOT F0~AER OWNER Z. 0.o.~^? .,~, N E ACR. RES. ~ S~S. VL FA~ COMM. CB. MISC. Mkt. Value ~ND IMP. TOTAL DATE REMARKS ~GE BUILDING CONDITION N~ NOR~L BELOW ABOVE FA~ Acre Value Per Value Acre Tillable Tillable 3 Woodland Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD HousePIot ,~ DEPTH /~ X/~ ~/ ~ ~ BULKH~D Total, - ~,' DOCK M. Bldg. Extension Extension Extension Porch Porch Breezeway Garage Patio Total COLOR TRIM Foundation 3asement ':xt. Walls Fire Place ]' 't" ~ . JJ. JJ i I II I F I1':1,~ I I IF'P-lq i il,./ / // ~lv1,~l"l I II I,,JIl:lll I I ~1 I'111 IIIIII ~1111[11 I~llllll t II I II ~L~l I~11 I,' I/I I ~1 I II 11 I IIII I,~I~ ~ f ll~l I~ ' IIIIIIII Bath nterior Finish Heat Type Roof Rooms 1st Floor Recreation Room Dormer Driveway Rooms 2nd Floor / Dinette / b~ 0L lK. TOWN OF SOUTHOLD PROPERTY RECORD CARD FORMER ~OWNER N '"' E ACR. S ~W CODE DATE OF OONSTRUOTION ~ND IMP. TOTAL DATE R~RKS lilloble FRONTAGE W~land FRONTAGE ON ROAD M~adowlond DEPTH H~ Plot BULKH~D SOUTHOLD OWNER FORMER OWNER STREET S LAND IMP. TOTAl. DATE VILLAGE ACR. CODE SUB. LOT DATE OF CONSTRUCTION Tillable Woodland Meadowland House Plot Total FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD :' ~,; · ~. ~--~.~'TOWN OF SOUTHOLD PROPERTY RECORD CARD ?~,/~,~., .... OWNER STREET VILLAGE DIST.: SUB. LOT R~. ~//~.~ S~S. ( VL. FARM CO~. CB. MICS. Mkt. Value ~ND IMP. TOTAL D~TE R~RKS / AeE BUILBIN6 CONDITION N~ NO~L BELOW ABOVE FA~ Acre Value Per Value Acm Tillable FRONTAGE ON WATER W~land FRONTAGE ON ROAD M~d~l~d DE~H H~ PI~ BULKH~D Totel D~K WILLIAM .I. CLARK 516 ' 298-8820 December 3, 1990 Mr. Henry Raynor Cardinal Drive Mattituck, New York 11952 Dear Mr. Raynor: I represent the Estate of Albert J. Mastropaolo owner of lots located Jn Mattituck District 1000 Section 126 Block 4 Lots 1 and 2. You are hereby authorized to apply to the Department of Enviornmenta! Conservation or any other agency to obtain permits to build on the aforesaid lots. WJC:er Very truly yours, ?,500 50O 600 600 , TOWN-(:LERK TOWN OF $OUTHOLD co..,~, New York 5~6- 765-~a0~ N.° ' 3. 7. 8 1 ~uthold, N. Y. 11971~0¢~ ~ /S 19 Ju&th T. Ter~, Town Clerk ~olumn No. i il District Minimum Requirements for l-family detached Lot site (square feet) 80.000 Lot width (feet) 175 Lot depth (f~t) 250 Front yard (feetJ 60 Side yard (feet) 20 Both side yards (feet) 45 ~ yaed (feet) 75 Livable Seor area (square feet per dwelling 850 M~xlmum permitted dimensions: Lot coverage (percent) 20 Building height (feet) 35 Numher of stories 2½ Town of Seu~old [Added 1-1~89 by L.L. No. 1-1989] Where Community 2-Family Detached Water and Sewer Dwellings in R~O RR RO Available District 2½ 2½ 2½ 2½ 2½ 2½ 2½ 2½ See text of chapter and Density and Minimum Lot Size Schedules for applicable districts. Except one-bedroom or studm m multiple dwelhng may have mx hm~dred (600) square feel Mmtmum floor area may he reduced up to two hundred (200) for moderate- and/or lower-coat dwelling~ Except on~-bedroom or studio in multiple dwelling' may have six hu ~dred (600) square feet~ 2-25-89 A~TI~N OF TH~ ZONING BOAItD OF AFFEALS -~ppeal i~o. ~ D~ted O~ ~ ACTXoN OP THE ZONING BOARD OF APPF_AI~ OP TI-.rE 'fOW'N OF SOUTHOLD 3,1966 Appellant at a mecth~g of the Zm~ing Board of Appeais on -wa,~ considereli and the action Indicated below was ~aken on Your ~ ) RequeSt 'for variance due to lack of acce~ to property ( ) Request Iora special exceptioh under the Zoning Ordinance X ) Reques~ for a variance to the Zc~l~g Ordinance ( the appeal I, SPECIAL EXCEPi-iON, By resolution of the Board it was determined that Il 51:eeial e~cception ( ) be grated ( ) be dlmled Purauant to Article ...... ~ Sectiun ,,,' .~ Sub,section . Paragraph ~ of ti~e Zontn~ Ordinance, and the decision of the ]~uildir~ l~spector ( ) I~ ~ever~,d ( ) he confirmed beCause ' .. -- eme~t 2. VARIANCE. By rezolutic~ of the Board It was det~'ralned that , , . (a) Sbrlot application of ~0he Ordtnanc~ (would)(would not) produce practical difficulties or essa~y hardship because ih) The hard.lip created (is) (is not) unique and (would) (would not) be shaved by all Pl~opexties alike in the Immediate vicinity of this property and In the sam~ use district because (c) Thf varfance (does) (does not) observe the spirit of the Ordinance and change the character of the dLsf, rlct becza~ (would) (would not) and therefore, It was further determined that the requested variance ( ) be granted ( ) be denied and that the prt~vlous decisions of the Building Irr~pector ( ) ,be confirmed ( ) Be reversed. FORM ZB4 ZOi%'INO BOARD OF APPEAT,~_ A£teE lnveat~gat~on and lnspectiou the Board the appellant requests pezud, sstcn to d.tv~do property. lo~.s ~ b~ ~roated Rrm m~aT~nr.L~LL~ z~g6 ~ .. LRux*OI, Bend YozSc, aa mhoun ou tho map by O~tO W. Van ~ · and Mn, map da~ml ApCJ.1 3, 1969. , = ~K)I~ 'L~un m~a~d of ~ -10- ~ 3, ~966 oOoh~£ of 33, L~L of ~4, X5. 16, 17, ~O, 19, and 31, · a~ CHAIRV~t ~hit la ~he eL~e of ~he Iota Lu the dev~loineat? ~iB ~. ~ lot~B to ]~e cr&u~od wou~d bo 3~jer ? ~. ;~Lf~o ~e ahould poAnt ou~ ~a~ ~J~Lo A~ far An e~ceo8 of t~e X2,500 square ~ roquLL~meut. · H]C ~t :La theze a~yo~e ~ee~t ~o vlMmo ~o aM ~m~:hc~d Tcmm Md of Appmd~ -~k- ~Joqmu~ 3, X966 of tho clLmtrJ~., (_ ~ ¢~, J;a +~heze anyone ]~ement ~ho ~hem to 6pmmk a~J~et, t.,h:L~ ap~Lc~.lon? $outhold ~ ~oard o£ .:~xm~to -S- ~Mcem~r $0~ 1965 ~IEST R~ClA~3~, (~4e~ber o£ t&e ~a~d o~ DArec~ora, ) % a~ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of Henry and Mary Radnor to the Board of Appeals of the Town of Southold TO: NOTICE TO ADJACENT PROPERTY OILIER YOU ARE HEREBY GIVEN NOI'I! 1.,~,.t ~1 is~_intention of lhe undersigned [o petition the Board of Appeals of [he Town of $ou~hold to reques~nce.~Special Exception) (Special Permit) (Other) [circle choicel 2. That the property which is the subiect of the Petition is located adjacent to your property and is des- cribed as follows: Ea_~t $~a~ Dr~0 ln~-~ ~q-~fl n~ f~1~1 ma~ 3. That the property which is the subject of such Petition is located in the following zoning district: R-40 4 1ha! b'~ such PeliticJn, [he undersigned will request the following relief: to create 2 lots from 7 lots on filed map A L Downs $. That Ihe provisions of [he Southold Town Zoning Code applicable to the relief sought by the'under- signed are Article 100 ~Section 54 bulk and area parking [_ ] _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 ma)' then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Matthuck 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. Dated: !2_!_?._~o0 Henry Raynor Petitioner Owners'Names:Estate of A. PostOfficeAddress 275 Cardinal Dr Mastropaolo Tel. No. [ 516) 2~8~8420 [Copy of sketch or purposes.] plan showin~J~¥l~rOpe~S~'a2~lfl~i~ attached for convenience PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS NAMI~ ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: , residing at , bein8 duly sworn, deposes and says that on the __ day of ,19 , 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 addresse~ of said persons as shown on the current assessment roll of the Town of Soulhold; that said Notices were mailed at the United States Post Of- fice at ; that said Notices were mailed to each Of said persons by (certifiedl (registered) mail. Sworn to ,b~ore me thi.~ day of ~,~:~, 19 Notary Public (This side does not property owners.) I.II~OA R KOWALSKI OMMaklk~ I. MIN NOv. aO. 1~.~ have to be completed on form transmitted to adjoining N S N KEY MAP "A. L. DOWNS" FILED AUI~iST 14, 7~ FI~E NO. A T LAUREL TOWN OF SOUTHOLD SUFFOLK COUNTY, N K 1000 - 126- 04 - 01&02 Scale1" = 40' Oct. 14,1990 . $0J82 aq. ft. ELEVATION$ AND CONTOUR LINES ARE REFERENCED TO N ~ V, D. BUILDING ZONE: ~40 Y.S. LIC. NO. __ BOX ;Oe I I MAaV ROAD I , ,, , , sou.~o, ~z~. ,my, I 90 - 265 W~ N KEY MAP 6 SURVEY OF L 0 TS 28,29 & 30 MAP OF "A. L. DOWNS" FILED AUGUST 14, 1929 FILE NO. 21 A T LAUREL TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y. 1000 - 126 - 04 . 05 Scale 1" = 40' Oct. 14. 1990 Nov. 30, 1990~'revise). AREA = 27,062sq. ft. ELEVATIONS AND CONTOUR LINES ARE REFERENCED TO N. {;. V. D.. BUILDING ZONE: R 40 (518) 785 - 5020 P.O. BOX 909 MAIN ROAD tlC. NO. 4~1# ~ 90- 266 ' N N ~Y MAP ,£ S SURVEY OF L 0 TS 2_8,.29 & 30 ~AP OF "A. L. DOWNS" A T LAUREL TOWN ~UFFO~K COUNTY, N. 1000 $cal~ 1" = 40' Oc~. 14, I~0 APRIL 18, 1991 AREA = 27, 062 sq. ff. A REA UPLANDS = 25;.~6Z'sq. fi -+ AREA WETLANDS = 1,700 sq. ft_~ ~V ~¢~I~.,LA,L.$. ~d ~o~rovsd and ELEVATIONS AI~ CONTOUR LIN~$ ARE REFE'REN~ED TO N G. V, D. - N *E N KEY MAP S SURVEY OF L MAP OF "A, L. DOWNS" FILED AUGUST 14, 192g FILE NO. 21 A TLAUREL TOWN OF SOUTHOLD SUFFOLK COUNTY, N Y. 1000'~'~ - 126 - 04 - O§ SCale 1" = 40' Oct. 14, 1990 Nov. 30, 1990(reviee) APRIL 18, 1991 · AREA = 27, 062 sq. ft. AREA UPLANDS = 25,'~62~sq. fl_ AREA WETLANDS = 1,700sq. fl_+ ~y tl~L.l~.t.$, end epproved and a~ted ~e tl~ ,f~ ef ~he ~elt Gma~t~ f~r euoh uae by The-New York Stite Land ~e~ of Heel~ ~er'Va~e' ELEVATIONS AND CONTO(JR LINES ARE REFERENCED TO N. ~. V. D. , APR I 9 1991