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Home My WebLink About3904 Southold Town Board of Appeals MAIN EEIAD- STATE Er'lAD ~5 SrlUTH[3LD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. ACTION OF THE BOARD OF APPEALS Appl. No. 3904 Matter of HARRIET SPILFL~N. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 B, for permission to construct addition to existing dwelling, proposed construction will be less than 75 ft. from the bulkhead. Property Location: 1730 West Creek Avenue, Cutchogue, County Tax Map No. 1000, Section 110, Block 1, Lot 7.3. WHEREAS, a public hearing was held and concluded on February 1, 1990 in the matter of the Application of HARRIET SPILMAN under Appeal No. 3904; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the west side of West Creek Avenue, Town of Cutchogue, and is identified on the Suffolk County Tax Maps as District 1000, Section 110, Block 1, Lot 7.3. 5. This is an application for Variances from the Zoning Code Article XXIII, Section 100-239.4 B, for permission to construct addition to existing dwelling, proposed construction will be less than 75 ft. from the bulkhead. Page 2 - Appl. No. 3904 Matter of HARRIET SPILMAN Decision rendered February 15, 1990 3. Article XXIII, Section 100-239.4 B, Ail building located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which are adjacent to tidal water bodies other than sounds shall be set back not less than seventy-five (75) feet from the bulkhead. 4. In considering this application, the Board finds and determines: (a) that the circumstances of this application are uniquely related to the premises and its established nonconformities; (b) that there is no other method for appellants to pursue; and placing the proposed addition in any other location on the premises will require other variance relief; (c) that the area chosen for the addition is not unreasonably located; (d) that the variance will not in turn cause a substantial effect on the safety,health, welfare, comfort, convenience and/or order of the Town; (e) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance, as applied conditionally noted below. AccordinGly, on motion by Mr. Dinizio, Seconded by Mr. Grigonis, it was Page 3 - Appl. No. 3904 Matter of HARRIET SPILMAN Decision rendered February 15, 1990 RESOLVED, to GRANT a Variance in the matter of the application of HARRIET SPILMAN as applied under Appeal No. SUBJECT TO THE FOLLOWING CONDITIONS: 3904, That the addition toward the southeast side of the house be approximately 8 by 30 ft. That the addition toward the northwest side of the house be 6 by 18 ft. encompassing exisiting stoop. 3. That any run-off from the roof go into dry wells. e That the addition be placed no closer than 11 1/2 ft. from the southwest side and 11 ft. ft. on the northeast side of the house. Vote of the Board: Ayes: Messrs. Goehringer, Girognis, Dinizio, (Absent Serge Doyen and Joseph Sawicki). This resolution was duly adopted. df GERARD P. GOEHRINGER, RECEIVED AND FILED BY THE SOUTHOLD TOWN CT.FRK Town Clerk, Town of Southold ~~'~ £ App ~ ~ ~ Southoid Town Board o eals ~ TELEPHONE (516) 765-1809 FAX No. (516) 765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZlO, JR. NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, FEBRUARY 1, 1990, at the following times: 7:30 p.m. Appl. No. 3902 - HENRY HUNSTEIN. Variance to the Zoning Ordinance, Article III A, Section 100-30.3, (100-33)', as disapproved, for permission to construct accessory building in frontyard area. Property Location: 90 Kimberly Lane and 135 North Bayview Road, Southold, County Tax Map No. 1000, Section 70, Block 13, Lot 20.20. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of February 1, 1990 7:35 p.m. Appl. No. 3901 - THOMAS ESCHMANN. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.4, (100-33), as disapproved for permission to construct accessory building in the frontyard area and accessory shower in sideyard area. Property Location: 495 Mesrobian Drive, Laurel, County Tax Map No. 1000, Section 145, Block 4, Lot 10. 7:40 p.m. Appl. No. 3905 - ANTHONY J. MERCORELLA. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 B, as disapproved, for permission to construct deck addition to dwelling, proposed construction will be less than 75 ft. from the bulkhead. Property Location: 2260 Great Peconic Bay Boulevard, Laurel, County Tax Map No. 1000, Section 145, Block 4, Lot 4. 7:45 p.m. Appl. No. 3904 - HARRIET SPILMAN. var-~ the zoning Ordinance, Article XXIII, Section 100-239.4 B, for / permission to construct addition to existing dwelling, proposed construction will be less than 75 ft. from the bulkhead. Property Location: 1730 West Creek Avenue, Cutchogue, County Tax Map No. 1000, Section 110, Block 1 Lot 7.3. Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of February 1, 1990 7:50 p.m. Appl. No. 3900 - GERHARD SCHREMMER. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 B, for permission to construct a one family dwelling, proposed construction will have insufficient front and side yard setbacks, lot has insufficient width. Property Location 1380 Oak Drive, Southold, County Tax Map No. 1000, Section 080, Block 02, Lot 001. 7:55 p.m. Appl. No. 3897 - PARKER J. WICKHAM. Variance to the Zoning Ordinance, Article XIII, Section 100-132, for permission to construct a building for antique vehicles, proposed construction will have bulk, area and parking regulations and insufficient side yard setback. Property Location: 410 Airway Drive, Mattituck, County Tax Map No. 1000, Section, 123, Block 01, lot 02. 8:00 p.m. Appl. No. 3899 - AGNES AND CHERYL PAGNOZZI. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 B, for permission to construct an addition to existing dwelling, proposed construction will have insufficient side yard. Property Location: 1450 Jockey Creek Drive, Southold, County Tax Map No. 1000, Section 70, Block 5, Lot 17. Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of February 1, 1990 8:05 p.m. Appl. No. 3898 - PECONIC BAY VINEYARDS. Special Exception to the Zoning Ordinance, Article VII, Section 100-71 B (6), for permission to use existing barn for winery production and storage. Property Location: 32180 Main Road, Cutchogue, County Tax Map No. 1000, Section 103, Block 01, Lot 19.2. 8:10 p.m. Appl. No. 3882 - BIDWELL WINERIES. Special Exception to the Zoning Ordinance, Article III, Section 100-30, for approval of consumer tasting and retail sales from the winery. Property Location: Route 48, Cutcbogue, County Tax Map No. 1000, Section 96, Block 4, Lot 4.3. 8:15 p.m. Appl. No. 3908 - ROBERT OCHSENREITER AND EDWARD LENCESKI. Variance for reversal of building permit to construct a .one family dwelling. Property Location: 565 Bayer Road, Mattituck, County Tax Map No. 1000, Section 139, Block 3, Lot 14. Page 5 - Notice of Hearings Southold Board of Appeals Regular Meeting of February 1, 1990 8:20 p.m. Appl. No. - ROBERT AND ETHELLE SCHROEDER. Variance for reversal of building inspector for change of use of land and existing building without obtaining a Certificate of Occupancy. Property Location: 4380 Main Road, East Marion, County Tax Map No. 1000, Section 35, Block 5, Lot 4. 8:25 p.m. Appl. No. 3770 - PORT OF EGYPT. Variance to the Zoning Ordinance, Article XII, Section 100-121C - 122, Section 100-239d, as disapproved for permission to construct Boat Storage Building with insufficient setbacks and excessive lot coverage in this Marine II (M-II) Zoning District. Property Location: Main Road, Southold, County Tax Map No. 1000, Section 056, Block 04, 06, Lot 10.1, 11, 12.2, 3.2, 3.3, 4, 6.1. 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 time allotted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated January 22, 1990 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL . -- Date ./.(: ?. ................ , 19 ?..~.. PLEASE TAKE NOTICE that your application dated.....~...~.'./. ~.~ ............. 19.. County Tax Map No. 1000 Section .. d(.~ ....... Block ..... d ........ Lot .. ~ ....... Subdivision ................. Filed Map No. ~ ............... Lot No ............ ~ .... ~ returned herewith and disapproved on the following grounds . ~.. ~u~ld~Inspoceor RV 1/80 R ~. C E ! V F,. !) OTOWN OF SOUTHOLD, NEW YORI~ APP~ F~v~CISION OF BUILDING INSPECTOR Town Clerk CrTHE-ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Name of Appellcmt Street and Number Cutchogue, Town of Southold ..~.e..~....Y,o.,~.,~. .......... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON Building Permit for APPLICATION DA?~-D: 10/16/89 FOl~: Construction o'f additions to existing dwe 11 in~ WHEREBY THE BUILDING INSPECTOR DENIED TO' ( ) ( ) (x) George Pontino a/c Harriet Spilman Name of Applicant for permit of Cutchogue, New York Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO BU'rLD Additions to existing dwellin~ .. I, LOCATION OF THE PROPERTY ...l..7.?..~...~.e.~...c..:..e"e..k....A"v..e....:.".c"u.~.c..h..~..g.~....~. ........................ Street and Ham]et 7,c~e Harriet Spilman ...................... ................................(S): ........................... Map No. Lot No. D~T~ I~URCHAS~D: 4/20/73 and 8/30/76 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) ~-ac.J,¢'le XIII f ,~eot,:Lolt 100-239.4 B 3. TYPE OF APPEAL Appeal is mode herewith (x) A VARIANCE to the Zoning Ordinance m Zoning Map ( ) A VARIANCE due to lock of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~ (has not) been mede with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Doted ...................................................................... ( ) (x) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance Mrs. Spilman · iS requested for the reosofltlIot 1~ WOUl~ ~e ~O add two additions to the house. The house is approxiMat?&l~ 861.12 square feet. One extension is 25' X 6.6' (165 sqL~are feet) and the other extension is 20' X 6.2' (124 square feet). This represents a 33.56% increase in the livable area of the dwelling. (Continue on other side) .REASON FOR APPEAL Centlnu~d I. STRICT APPLICATION OF THE ORDINANCE would produce pract~al difflcuhle~ or unneces. sa~ HARDSHIP because the existing dwelling does not provide suitable shelter or room for year round, full time use. The house is located approximately 18 feet from the street. Thus, the front yard is too small for additions. 2. The hardship created is UNIQUE and is not shared by all prope~ies alike in the immediate vicinity of this prope~y and in this usedistrict because many of the other dwellings along West Creek have bulkheads, but the bulkhead on this property surrounds the dwelling on three sides. 3. The Variance would ebsewe the ~pirit of the Ordinance'and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because many' of the'residences .along West Creek. drive were seasonal dwellit~gs which were enlarged and converted to year round use. STATE OF NEW YORK cou n' 9th ~ Ae January . Se~om to thli ................................................................................................... 1990 NMos/Public mM. Ra~A OulMted In 8uffdk ~mmtl~ ~ ~ommi~lon F.~r~ Oct. 27, IOoo - Iio -/- 7.~ TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST, SUB. LOT FORMER E OWNER / N ,~ .= ACR. J ~, ~/~ ~ S W ~PE OF BUILDING~j~ ~ ~ - ~';~0 s~s. vu ~ COMM. c..~ ~sc. M~t. W~.. ~ND IMP. TOTAL DATE R~RKS ~/~/~ ~ ~'~'~ AGE BUILDING CONDITION N~ NOeL BELOW ABOVE FARM Acre Value Per Value Tillable I Tillable 2 Tillable 3 W~land Swampland FRONTAGE ON WATER /3~ ' ~ br ' Brushland FRONTAGE ON ROAD :~ ,' IGO' H~se Plot DEPTH (~ .... . BULKH~D Totol , .. ~C~ Extension Extension Extension Porch Porch Breezewa Garage Patio Total COLOR ~ ~ /~,~ Z Foundation C ~ Bath Z,/~,~ L_ Floors Basement Ext. Walls Fire Place Type Roof ? ~ Recreation Roon Dormer Driveway /S'"?. o /; 5 ~. Interior Finish ~x'F~L~ ~_~ Heat Rooms 1st Floor Rooms 2nd Flex BAI~'I-EAU .f FbEET' / I .,,,KO ! / / / OF PEOPElZTY I---tAI~EI ET SPILHAN ~,T CUTCHO'GUE ! ! t DEPARTMENT OF PLANNING PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE 360-5206 ARTHUR H, KUNZ March 14, I990 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the follovin$ application(s) which have been referred to the Suffolk County Planning Comission are considered to be a matter for local detet~tnation. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) dHarrtet Spilman Anthony 3. Mercorella Municipal File Number(s) 3904 3905 Very truly yours, Arthur H. Kurtz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y~. 119'71 TELEPHONE (516) 765-'1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. - SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: XX Variance from the Zoning Code, Articl~XIII, Section100-239.4B Variance from Determination of Southald Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 3904 Applicant: Harriet Spilman Location of Affected Land: 1730 West Creek Ave. County Within XX Tax Map Item No.: 1000- 110-1-7.3 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound-or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Boundary of Existing or Proposed County, State or Federal Park~or Other Recreation Area Land 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: existing Applicant is requesting permission to construct addition dwelling which will be less than 75 ft. from bulkhead - to Copies of Town file and related documents er)closed for you)' review. Dated: March 13, 1990 APPEALSBOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y'. 1'19'7'1 TELEPHONE (516) 765-1809 March 5, 1990 Karen Hagen Esq. Wickham, Wickham and Bressler Main Road P.O. Box 1424 Mattituck, NY 11952 Re: Appl. No. 3904 - HARRIET SPILMAN (Variance) Dear Mr. Mercorella: Transmitted for your records is a copy of the recent determination rendered by the Board of Appeals concerning your application. Please be sure to return to the Building Department and all other involved agencies for proper permits as may be necessary before comznencing construction activities. A copy of this decision has simultaneously been transmitted to the Building Inspectors' Office for their files and update. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda Enclosure Copy of Decision to: Building Inspectors' County Planning Office Southold Town Board of Appeals ~ TEhEPflONE (516) 765-1809 FAX NO. (516) 765-1823 APPEALS BOARD MEMBERS GERARD P. GOERRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your 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 times allotted in the attached Legal Notice. Please feel free to call our office prior to the hearing date if you have questions or wish to update your file. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN dff Page 3 - Appl. No. 3904 Matter of HARRIET SPILMAN Decision rendered February 15, 1990 RESOLVED, to GRANT a Variance in the matter of the application of HARRIET SFILMAN as applied under Appeal No. 3904, SUBJECT TO THE FOLLOWING CONDITIONS: That the addition toward the southeast side of the house be approximately 8 by 30 ft. That the addition toward the northwest side of the house be 6 by 18 ft. encompassing exisiting stoop. 3. That any run-off from the roof go into dry wells. That the addition be placed no closer than 11 1/2 ft. from the southwest side and 11 ft. ft. on the northeast side of the house. Vote of the Board: Ayes: Messrs. Goehringer, Girognis, Dinizio, (Absent Serge Doyen and Joseph Sawicki). This resolution was duly adopted. df GERARD P. GOEHRINGER, SoOthold Town Board of Appeals Regular Meeting of February 1, 1990 Copies to the following on or about January 24, 1990 Suffolk Times, Inc. L.I. Traveler Watchman Town Clerk Bulletin Board {Main Lobby) ZBA Office Bulletin Board (East Hall) ZBA Bd~Pd Members (with copies of files) ZBA Individual Files Mr. H. Hunstein 302 Saville Rd., Mineola, NY 11501 Riverside Homes, as Agent for Thomas Eschmann 1159 W. Main St., P.O.Box 274, Riverhead, NY 11901 Mr. Anthony Mercorella 131 Duxbury Road, Purchase, NY 10577 Karen Hagen, Esq. for Harriet Spilman Wickham, Wickham, Bressler Main Road, P.O. Box 1424:j Mattituck, NY 11952 Salvatore DiSalvo as Agent for Gerhard Schremmer 47-39 162nd Street, Flushing, NY 11358 J. Parker Wickham 410 Airway Drive, MattitL~ck, NY 11952 Louise Beck Schnabel for Pagnozzi 1600 Jockey Creek Drive, Southold, NY 11971 Cheryl Pagnozzi 1450 Jockey Creek Drive, Southold, NY 11971 Mr. Ray Blum for Peconic Bay Vineyards Main Road, P.O. Box 709, Cutchogue, NY 11935 Mr. Kerry Bidwell for Bidwell Wineries Route 48, Cutchogue, NY 11935 Daniel Ross, Esq. for Ochsenreiter and Lenceski Wickham, Wickham & Bressler Main Road, P.O. Box 1424, Mattituck, NY 11952 Daniel Ross, Esq. for Robert & Ethelle Schroeder Wickham, Wickham & Bressler Main Road., P.O. Box 1424, Mattituck, NY 11952 Southold Town Board of Appeals Regular Meeting of February 1, 1990 Copies to the following on or about January 24, 1990 Mr. Theodore Traturis for Robert & Ethelle Schro~d~r 5804 7th Avenue, Brooklyn, NY 11220 Mr. Eraklis Apodiacas for Robert & Ethelle Schroeder 7122 Ridge Boulevard, Brooklyn, NY 11209 Mr. David Gilltspie for Robert & Ethelle Schroeder 221 North Road, Greenport, NY 11944 Mr. Merlon Wiggin for Port of Egypt Peconic Associates, 1 Bootleg Alley, Greenport, NY 11944 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 11 what the closest point to the water would be? It is nothing you have to do righ~ now, but would you just ... when you put that stake 12 feet out, would you measure it from there to the hulkheading and give us a call if you wouldn't mind, please? It would be helpful in dealing with the decision. We thank you very much. Is there anybody else that would like to speak in favor of this application? Anybody that would like to speak against the application? Hearing no further comments, I make a motion to close the hearing and reserve decision until a later BOARD MEMBERS: THE CHAIRMAN: behalf of l[ time. Aye. This appeal _, Appeal All in favor? is in Number follows: The legal notice reads as Application Number 3904, Harriet Spilman, variance to the Zoning Ordinance, Article XXlII, Section 100-239.4 B, for permission to construct addition to existing dwelling. Proposed construction will be less than 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 12 75 feet from the bulkhead. Property loca- tion: 1730 West Creek Avenue, Cutchogue, , County Tax Map Number 1000, Section 110, Block 1, Lot 7.3. I've got a copy of the survey, most recent dated January 2, 1990, produced by Robert Van Tuyl, P.C.0 indicating a one and one half story frame house on West Creek Avenue, in Cutchogue. The house is basically bulkheaded on all sides, except for the road beside the bulkhead. The nature of this application is a proposed addition. In this partioular case it would be the side yard of the house, which would be towards the west and on the south side of the house. The west side would be approxi- mately 11 feet at its closest point; on the south side would he about 11 1/2 closest point. I have a copy of County Tax Map indicating this and surrounding properties in the area and per DEC permits. Is there anybody that would like to he heard on this application? MS. HAGEN: Karen Hagen, P.O. Box feet at its the Suffolk 2 3 4 5 6 7 8 9 10 11 12 ~3 14 16 18 '19 20 2'1 24 25 13 1424, Main Road, Mattituck, New York. ! think the hardship is clear in this case, as you said, because it is surrounded on the three sides by the bulkheads and also because of its proximity to the street. I believe it is about 18 feet from the street. I think that the purpose of this particular code section is to protect the surrounding wetlands and the DEC waiver, which you have in there, accounts for that and I have been advised by the Trustees' office that waiver will be forthcoming from their office as well, within the next couple of days. So ! urge you to keep the record open until you receive a copy of that waiver, which they have instructed me they will deliver to you. THE CHAIRMAN: I don't have the approximate size of these decks. Of course, we could scale them, if you don't have them handy tonight. Could you just either call us or send us a brief notice indicating the lineal feet of the deck, of the addition? MS. HAGEN: Yes, I can get the plans 1 2 3 5 7 9 10 12 ~3 14 15 16 17 18 20 21 22 24 14 and I can call on that. THE CHAIRMAN: Wonderful. Is there anybody else that would like to speak in favor of this application? Anybody that would like to speak against the application? Yes, from a Board member. HR. DINIZIO: Yes, ! would like to see the elevation map on this too, if we could. HAGEN: I could have the surveyor' if you feel it is necessary. DINIZIO: I would like to see the MS. add them, MR. elevation. MS. HAGEN: Can I ask the reason? DINIZIO: I am concerned about the bulkhead and just how high above the mean high water ... MS. HAGEN: Well, I'll have the surveyor add that. THE CHAIRMAN: Let me ask you a question, Karen. There is, of course, probably no possibility of any type of basement being placed in this structure. think I am correct on that. 1 2 3 4 5 6 7 8 9 ',10 11 12 13 14 ;15 16 17 18 19 2O 21 22 23 24 25 15 MS. HAGEN: That is correct. THE CHAIRMAN: So these additions would be mainly above or in line with the present grade that the house is on, at this particular time. MS. HAGEN: Yes. THE CHAIRMAN: Could we refer to this as a cottage? Is this going to be made into a year-round house? MS. HAGEN: Yes, it is. THE CHAIRMAN: Thank you very much. MS. HAGEN: Okay. THE CHAIRMAN: Hearing no further comments, ! make a motion closing the hearing pending the receipt of the elevation map and the lineal footage that we request in reference to the size of the addition and the Trustees' waiver. Hearing no further comments, I make a motion to close the hearing subject to these particular conditions. BOARD MEMBERS: THE CHAIRMAN: BOARD MEMBERS: Second. All in favor? Aye. John M. Bredemeyer, III, President Henry P. Smith, Vice President Albert $. IOupski, Jr. John L. Bednoski, Jr. John B. Tuthill Telephone (5 ! 6) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 5309:5 Main Road P.O, Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 February 2, 1990 Wickham, Wickham & Bressler Main Road P.O. Box 1424 Mattituck, NY 11952 RE: Harriet Spillman Dear Mrs. Hagen: In addition to the approval of the waiver that was given on January 25, 1990 (sent under separate cover), the Trustees ask that drywells be installed to contain the roof runoff. Thank you for your cooperation in this matter. Very truly yours, ~John M. Bredemeyer, III President, Board of Trustees JMB:jmt cc: Zoning Board of Appeals John M. Bredemeyer, III, President Henry P. Smith. Vice President Albe~ J. Kmpski, Jr. John L. Bednoski, Jr. John B. Tuthill Telephone (516) 765-1892 January 30, 1990 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SCO'iT L HARRIS S,q,e,visor Town Hall, 5~095 Main Road P.O. Box !179 Southold, l~w York i 1971 Fax ($16) 765-1823 Telephon~ (516) 765-1800 Wickham, Wickham, & Bressler Main Road, P. O. Box 1424 Mattituck, NY 11952 RE: Waiver/Harriet Spillman Dear Mrs. Hagen: The following action was taken by the Board of Town Trustees during its regular meeting held on January 25, 1990: RESOLVED that the Town Trustees approve the request for a waiver to construct an additon to an existing dwelling. The property is located on Wickham Creek at West Creek Avenue, Cutchogue, NY. SCTM 1000-110-1-7-3 Please return to the Building Department for a determination on the need for any other permits which may be required for this project. Very truly yours, President, Board of Town Trustees JMB: jb cc: Bldg. Dept. CAC File HD WICKHAH, WICKHAM & BRESSLER, P.e. MAiN ROAD, P.O. BOX 14~4 NORTGAGE OFFICE January 24, 1990 Southold Town Board of Appeals Town Hall Main Road Southold, New York 11971 Re: Spilman Variance Gentlemen: Enclosed please find a copy of a letter of non-jurisdiction from the Department of Environmental Conservation for the above cited file. Please advise the undersigned as to the hearing date for the variance. KJH:mjb Very truly yours, Karen J. ~agen New York State Department of Environmental Conaervetlon Building 40--SUNY, Stony Brook, Ne~ Yo~ 11794 · t. ,,.,z,- ,u y riss-a- Themas C. Jorllng Commissioner °ear A review has been made of your proposal to: Based on the informacicn you have submitted, the New York State Department Environmental Conservation has determined that the parcel o~ project is: Greater than 300' from inventoried tidal wetlands. Landward of a substantial man-made structure ~[~ · greater than t00' in length which was constructed prior to 9/20/77. Landward of the 10' above mean sea level elevation contour on a gradual, natural slope. Landward of the topographic crest Of a bluff, cliff or dune which is greater than 10' in elevation above mean sea level. Therefore, no permit is required under the Tidal Wetlands Act (Article 25 of the Environmental Conservation Law). Please be advised, however, that no construction, sedimentation or disturbance of any kind may take place seaward of the 10' contour or topographic crest without a permit. It is your responsibility to ensure that all necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation in this area as a result of your project. · Such precautions may include providing adequate work area between the 10' contour or topographic crest and the project (i.e. a 15' to 20' wide construction area) or erection of a temporary fence, barrier, or hay bale berm. Please note that any additional work, or modification to the project as described, may require authorization by this Department. Please contact this office if such are contemplated. Please be further responsibility of agencies. advised that this letter does not relieve, you of the obtaining any necessary permits or approvals from other Very truly yours, Deputy RegionalX~ermit A~mi~istrator 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 what the closest point to the water would be? It is nothing you have to do right now, but would you just ... when you put that stake 12 feet out, would you measure it from there to the bulkheading and give us a call if you wouldn't mind, please? It would be helpful in dealing with th~ decision. We thank you very much. Is there anybody else that would like to speak in favor of this application? Anybody that would like to speak against the application? Hearing no further con~nents, I make a motion to close the hearing and reserve decision until a later time. All in favor? BOARD MEMBERS: Aye. ///~--~E CHAIRMAN: This appeal is in behalf o~ Harriet Spilman, Appeal N~her 3904. The legal notice reads as follows: Application Number 3904, Harriet Spi[mn, variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 B, for permission to construct addition to existing dwelling. Proposed construction will be less than 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 12 75 feet from the bulkhead. Property loca- tion: 1730 West Creek Avenue, CutchogUe, County Tax Map Number 1000, Block 1, Lot 7.3. I've got a copy of Section 110, the survey, ~st recent dated January 2, 1990, produce~ by Robert Van Tuyl, P.C., indicating a ~e and one half story frame house on West Creek Avenue, in Cutchogue. The house is basically bulkheaded on all sides, except for the road beside the bulkhead. The nature of this application is a proposed addition. In this particular case it would be the side yard of the house, which would be towards the west and on the south side of the house. The west side would be approxi- mately 11 feet at its closest point; on the south side would be about 11 1/2 feet at its closest point. I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area and per DEC permits. Is there anybody that wou]d like to be heard on this application? MS. HAGEN: Karen Hagen, P.O. Box 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 13 1424, Main Road, Mattituck, New York. I think the hardship is clear in this case, as you said, because it is surrounded on the three sides by the bulkheads and also because of its proximity to the street. X believe it is about 18 feet from the street. r think that the purpose of this particular code section is to protect the surrounding wetlands and the DEC waiver, which you have in there, accounts for that and I have been advised by the Trustees' office that waiver will be forthcoming from their office as well, within the next couple of days. So I urge you to keep the record open until you receive a copy of that waiver, which they have instructed me they will deliver to you. THE CHAIRMAN: I don't have the approximate size of these decks. Of course, we could scale them, if you don't have them handy tonight. Could you just either calx us or send us a brief notice indicating the lineal feet of the deck, of the addition? MS. HAGEN: Yes, I can get the plans 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and I can call on that. THE CHAIRMAN: Wonderful. 14 Is there anybody else that would like to speak in favor of this application? Anybody that would like to speak against the application? Yes, from a Board member. MR. DINIZIO: Yes, I would like to see the elevation map on this could. MS. add them, MR. elevation. too, if we HAGEN: I could have the surveyor if you feel it is necessary. DINIZIO: I would like to see the MS. HAGEN: Can I ask the reason? MR. DINIZIO: I am concerned about the bulkhead and mean high water ... MS. HAGEN: Well, surveyor add that. THE CHAIRMAN: just how high above the I'll have the Let me ask you a question, Karen. There is, of course, probably no possibility of any type of basement being placed in this structure. think I am correct on that. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. THE CHAIRMAN: would be mainly above present grade that the house is on, at particular time. 15 as HAGEN: That is correct. So these additions or in line with the this MS. HAGEN: Yes. THE CHAIRMAN: Could we refer to this a cottage? Is this going to be made into a year-round house? MS. HAGEN: Yes, it is. THE CHAIRMAN: Thank you very much. MS. HAGEN: Okay. THE CHAIRMAN: Hearing no further comments, I make a motion closing the hearing pending the receipt of the elevation map and the lineal footage that we request in reference to the size of the addition and the Trustees' waiver. Hearing no further comments, I make a motion to close the hearing subject to these particular conditions. BOARD MEMBERS: Second. THE CHAIRMAN: All in favor? BOARD MEMBERS: Aye. ' 'NorlCE OF HEARINGS NOTICE OF HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southoki, the following hearings will be held by the SOUTHOLD TOWNBOARD OF APPEALS at a Regular Meeting, at the Southold Town Hail, Main Rc~nd, Southold, NY !1971, on THURSDAY, FEBRUARY i, 1990, at the following times: 7:30 p.m. Appl. No. 3902-- HENRY HUNSTEIN. Variance to the Zoning Ordinance, Arti- cle Ill A, Section 100-30.3, (100=33), as disapproved, for permission to construct ceesory building in frontyard ~ Property Location: 90 Kimberly Lane and 135 North ty Tax Map No. 1000, Section 70, Block 13, Lot 20.20. 7:35 p.m. AppL No. 3901~ THOMAS ESCHMANN. Variance to the Zoning Ordi- nanco, Article III A, Section 100-30 A.4, (100-33), as disap- proved for permission to con- struct accessory building in the frontyard area and accessory shower in sideyard area. Proper= ty Location: 495 Mesrobian Drive, Laurel, County Tax Map No. 1000, Section 145, Block 4, Lot 10. 7:40 p.m. AppL No. 3905-- ANTHONY J. MERCOREL- LA. Variance to the Zoning Or- dinance, Article XXlll, Section 100-239.4 B, as disapproved, for perm~r,n to construct deck ad- dition to dwelling, proposed construction will be less than 75 ft. from the bulkhead. Proper- ty Location: 2260 Great Peconic Bay Boulevard, Laurel. County~ Tax Map No. 1000, ~ection 145;~ 4, Lot 4. p.m. Appl. No. 3904-- IET SPILMAN. Vari- the Zoning Ordinance, ~OOll, .~ion 100-239.4 permission to construct addition to existing dwelling. Proposed construction will be less than 75 ft. from the bulk= head. Property Location: 1730 ~st Creek Avenue. Cutchogue, County Tax Map No. 1000, Sec- t/on Il0. Block I Lot ?.3. 7:50 p.m. Appl. No. 3900-- GERHARD SCHREMMER. Variance to the Zoning Ordi- nance, Article XXIV, Section 100-244 B, for permission to construct a one family dwciling, proposed construction will have insufficient front and side yard setbacks, lot has insufficient width. Property Location 1380 Oak Drive, Southold, County Tax Map No. 1000, Section 080, Block 02, Lot 00L 7:55 p.m. Appl. No. 3897-- PARKER J. WICKHAM. Vari- ance to the Zoning Ordinance, Article XIII, Section 100-132, for permission to construct a building for antique vehleles, propomi construction will have bulk, area and parking reguia- tinm and insufficient side setback. Property Location: 410 Abway Drive, Mattitock, Coun- ty ~ Map No. 1000, Section 123, Block 01, Lot 02. 8.~0 p.m. Appl. No. 3899-- AGNES AND CHERYL PAG- NOZZI. Variance to the Zoning Ordinance, Article XXIV, Sec- tion 100-244 B, for permission to construct an addition to ex- isting dwelling, proposed con- structinn will have insufficient side yard. Property Location: 1450 Jockey Creek Drive~, Southold, County Tax Map No;' 1000, Section 70, Block 17. 8.'05 p.m. Appl. No. 3898~ PECONIC I~Y VINEYARDS. ,~ecial Exception to the zoni~ Ordinance, Article VII, Section 100-TI B (6) for permission to nse esisting barn for winery pm. ducxion and storage. Proporty Locatiun: 32180 Main Road, Cotchogue, County Tax Map No. 1000, Section 103, Block 01, Lot 19.2. 8:10 p.m. AppL No. 3882-- BIDWELL WINERIES. Special Exception to the Zoning Ordi- nance, Article III, Section 100-30, for approval of con- sumer tasting and retnil sales from the winery. Property Loca. tion: Route 48, Cutchogue, County Tax Map No. 1000, Sec- tion 96, Block 4, Lot 4.3. 8:15 p.m. AppL No. 3908-- ROBERT OCHSENREITER~,~. AND EDWARD LENCESKI'. Varlnn~ for r~-rsal of building permit to construct a one fami= ly dwelling. Property Location: 565 Bayer Road, Mattituck, County Tax Map No. 1000, Sec- tion 139, Block 3, Lot 14. 8:20 p.m. Appl. ROBERT AND ETHELLE SCHROEDER. Varlnflee__ for re-' ,~,rsni of building inspector for chnnge of nsc of land and o. ist- ins building without ob~ining a Certifi~ of Cocopunc~ pm. perry Location: 4~0 Main Road, East M~iun, Cmmty Map No. 1000~ S~tion 35, Block 5, Lot 4. 8'.2~ p.m. Appl. No. 3770.-- PORT OF EOyPT. Vafiun~ to the Zoning Ord~ XII, S~tion 100-121C-122, Sec- tion 100-239d, as disapproved for pmninion to commsct Boat Storage Building with insuffi- coverase in this Marine II (M- I1) Zoning District. Property Location: Main Road, Southold, County'ibx Map No. 10O0, Section 056, Block 04, 06, Lot 10.1, 11, 12.2, 3.2, 3.3, 4, 6,1. The Board of Appenis wilt at all per, om or re~nt~fi~ d~ siring to be beard in each 0f tho above mattess. Written com- mcots may also be prior to the conclusion of tbe subject h~rin~. ~ ~ will not start before time allot. tM. Additional tim~ for yom' pr~cotation will be ava~ble, if needed. For more information, picaso call 765-1809. Dated: January 22, 1990 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINOER ~ ~ CH~.~ By Dor~-n ~ IX, t/~,~o ¢?) COUNTY OF SUFFOLK STATE OF NEW YORK SS: Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ..................... ,,/. .... weeks successively, commencing on the ......... .~...~'..'~. ....... ·..(~,~,~ ....... ,19 .~.~.. Sworn to before me this ....... .c~.~..~. ........ day of 19 Notary Public BAt~BARA A. SCHNEIDER NOTARY I~U~!.[C, State of New York Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y~ 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZI0, JR. February TYPE II ACTION DECLARATION 990 ' Appeal No. 3904 Project/Applicants: County Tax Map No. Location of Project: Harriet Spilman 1000- 110-1-7.3 1730 West Creek Avenue, Cutchogue Relief Requested/Jurisdiction Before This Board in this Project: Addition to existing dwelling within 75 feet of bulkhead. This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.¥.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should 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 Type II Actions. Pursuant to Section 617.2jj, this Department is excluded as an involved agency. This determination shall not, however, affect any other agency's interest as an involved agency under SEQRA 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. tm JUDITH T. TERRY To: From: Dated: Transmitted herewith is Zoning Appeal No. Harriet Spilman OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Southold Town Zoning Board of Appeals Judith T. Terry, Southold Town Clerk January 10, 1990 3904 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 · application of for a variance. Also included is: Notification to Adjacent Property Owners; Short Environmental Assessment Form letter relative to NYS Tidal Wetlands Land Use; Notice of Disapproval 'from the Building Department; survey of property; and any other attachments relative to this application. Judith T. Terry WICKHAM, WICKHAM & BRESSLER, P.c. MAIN ROAD, P.O. BOX 1424 January 8, 1990 MORTGAGE OFFICE $outhold To~rn Board of Appeals Town Rall Hain Road $outhold, New York 11971 Re: Spil~n Variance Gentlemeu: Enclosed are the following in connection with the above application~ 1. Copy of Notice of Disapproval. 2. Application in triplicate. 3. Written authorization. 4. Notice to Adjacent Property owners, with postmarked Certified- Mail receipt. 5. Short Environmental Assessment Form. 6. Z.B.A. Questionaire. 7. Copy of Certificate of Occupancy. 8. Copies of deeds. 9. Four (4) original prints of the map. 10. Check in the amount of $150.00 representing the application fee. 11. Dated and labelled photographs. Please be advised that the outside corners of the proposed construction have been staked by the surveyor. If any further information is required, please contact the undersigned. Very truly yours, KJH~mjb Enc. Variance el?.21& ApImndix ~ State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNUSTED ACTIONS Only pART I--PROJECT INFORMATION (To be con~lMeted by Applicant or Project sponsor) t. APPt!C~.~_T/Fd=ONSOR ~ ~ 2. P~ECT NAME Harriet Soilman I Variance for Spilman M~aII~ Cutcho~ue, Town of Southold C~u.t~ Suffolk West of intersection of West Creek Avenue and Lone Pine Road. (See Map) SEQR 5. I~ PR,~-,_,-~E,~, ACTION: 6. ~'E~BEP~E~BRIEFLy: T~o additions are proposed for the existing dwelling, one of which is approximately2O' X6,~' and the other of which is approxi~telyf~' X~,6' AMOUNT OF LAND AFFECTED: Initially ], ] acres UltlmaletY 1. '1 acres WILL FROPO~ED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING I. ANO USE RESTRICTIONS? F"~Yea ~'No IlNo. daacri0ebrielly A variance is required for insufficient setback from existing bulkhead. WHAT IS PRESENT LANO USE IN VICINITY OF PROJECT? Red,aerial jr--] Induatfi~l ~'~ ~ommel~i~l Lr'"] Ag,icullura r-~ Park/For~t/Opac space ~-~ Oth~ 10. DOES ACTION INVOLVE A PERMIT AP*PROVAI.. OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL. ~TATEORLOCAtJ? " Sour-hold Town Trustees - Application for ~ YeS ~ No If yes. list agaccy(s) and p~it/approvals Waiver ~ New York State Department of Environmental Conservation - Letter of Non-jurisdiction. ' t!. 00ES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VAUO PERMIT OR APPROVAL? 12. A~ A P-g-':ULT OF PROPOSED ACTION WILL ~xt~;ING PERMIT/APPROVAL REQUIRE MOOIFICATION? OY. LIND I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE the action is in the Coastal Area. and you are a state agency, complete Ihe Coastal Assessment Form before proceeding with this assessment OVER (Continued on reverse side) The ~.¥.S. Environmental 9ualit¥ Revi · o£ this £orm, and an envir,nmentai r~view ew~l~C~er~eq~r~ subm,ssion be£ore any ac~£on is ~ken. c~ SHORT ~VIRONMENTA~ ASS£S~T (a) Xn o~der ~o ~swe~ ~he ~es~Eons En ehEs shor~ ~ E~ Es ass~ed ~ha~ ~he prep~er wE~l use cu=ren~Zy avai~abZe ~o~a~on Conce~in9 prOjec~ ~d ~e likely ~pac~s o~ ~he at,Eon. Z~ %s no~ expec~ ~a~ (b) Z~ ~y ~eseion has been answered Yes ~he prO~ec~ may be sig- (c) Z~ a~l ques~ions have been ~swe~ed No E~ is ~ikely ~ha~ ehe (d) ~ironmen~al kssessmene ~i~ projec~ resul~ in a large ~hysicaZ chanqe ~o ~he p~Ojec~ SE~e or physically a~er ~h~ ~0 ac~es of ~and~ 2. ~E~ ~he~e be a ~jor chan~e eo any unique or ~usua~ ~d ~orm on ~he sz~e~ ~es ~No 3. Ni~ projec~ a~er O~ have a ~arge ef~ec~ on 4. Nill projec~ have a po~en~iaZ~y Zar~e. immac~ on g~o~dwa~er qua~i~y? 5. Will project significantly effect drainage flow on adjacen~ ~Yes ~No 6. W~i p=ojec~ affec~ any ~hrea=ened or endangered pl~= or ~ima~ Species? ~es ~ ~o 7. W~11 project result in a major adverse effect on a~r quaii~y? 8. Will proj~c~ have a major effuc~ on visual char- 9. W~11 project adversely ~mpac= any site or ute of historic, pre-~is~oric, o= PaleontologicaL, env~rc~enca~ area by a lo=al agen=y? ~es 10. Will project bare a ~jo= effect on existing or future recreational opportunities? ., Yes 11. Will pro)et= result in major ~raffic problems o= directly causinq a qrowt~ in permanent popu~a- period or have a ~o= n~qacLve effect on the charac~of the c~ufl~=y or fleiqAborhood~ 15. ~s ~here P~ic con2roversy COncerning QUEST~O'.INAXRE TO 3E CO:.IPL~T~D ANP SUB:I~TT~D ~ITH '£~UR A~PL£C.I'r~GN ~.'O;~IS TO THE ~UARD ~[.' A~PF. AL~ 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 chang~ 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.) Se? Map. b)Are there any areas open to a waterway w~thout bulkhead? Yes Yes 3. Are there existing structures at or below ground level, such as patios, foundations, etc? See Gertificate of Occupancy. 4. Are there any existing or proposed fences, cDncrete barriers, decks, otc? See Map. ~ No If project is proposed for an accessory building or structure, i$ total height at more than 18 feet above average ground-~l? State total: .... ft. N/A Yes No If project is proposed for principal building or structure, is total height at more than 35 feet above average grounde~l? State total: ....... ft. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Are there any building permits Pending on this parcel (or abutting land under your ownership, if any)? State Permit ~ and Nature: Yes Yes ~ Yes ~ Do state whether or not applications ar~ pending conoerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning Board Town Board Town Trustees --Application For Waiver County Health Department Village of Greenport N.Y.S.D.E.C. ~'App~icati6n Non-juriSdiction Letter Other Yes ~ No Yes ~ Yes Yes ~ 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or PurChasers ' and conditions of sale. (from cqnt~act) ll. Is new construction proposed in the area of contours at 5 feet or less as exists? 12. 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 app%ication to the Town Trustees for an 'inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? Yes (~ Yes ~ ~ No 13. Please list present use or operations conducted upon the subject property at this time Dwelling.. and proposed Dwelling Please submit photographs ~or tnu recor=. I certify that the above statements are true and are being submitted for reliance by the Board of 1/68 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N. Y. Certificate' Of Occupancy No. Z.. 5.1.1.2. ..... Date ............ .A~.rll 26 19.73 THIS CERTIFIES that the building located at . ,~/$...~/es.t. ,C. r0.e.k..A..v.e .... Street Map No.. ~ ........ Block No .... ~ .... Lot No ..... requirements for one family dwelling ........... conforms substantially to the X _Certificate of occupancy B~ta~le~ berate..Al~rit .23 .... , 1957.. pursuant to which ~ No.Z -5112.. dated ...... .Ap.r.~.l .... .2.6 ..... , 19..7.2, was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is Pr.~va,t.e..o~.e..E..~..m!.].~..c, tw.e.]~]~Dg' (~ummer occupancy~l~a) The certificate is issued to .. Kathry13 .Fie.at..t.o..Har~let Spl.]J~ Owner of the aforesaid building. Suffolk County Department of Health Approval (owner, lessee or tenant) .,pre- existing UNDERWRITERS CERTIF CATE No ~.re-existing IIOUSI,,' NUMBER.I.?..~O ........ Street... ]4est. C~eek. Ave. ...,. Building I nspe~o'r'~' Ney York 11935 and ,,~' reaid~ a~ (~ ,I .- ~ven~, Cu~cho ua. ~ HARRIET SPIII~,~, residin8 et 165 Prospect Street, Phlllipeburs, ~lew Jersey 08865, Party of the second par~ ~ ~at the party of tl~ fi . . of ~v York, descried as follow: " ~ B~I~INC aC ~ poin~ of in~ersec~lon of ~he ~es~ line of ~esc ~k Aven~ and ~ S~h li~ of l~ds of Ha~ie~ Spil~n, Said. ~ing ~t ~ing dis~t 460.35, sOU~erly u~ O0 52' 50" with westerly aide of Wes · TOGETHER with all ri ht ' · roads abuttin;, th- -~-- g, ' ?.tie and Intere t :t _ . and all the e~tat"-' ?_~ve. a. escnbed premises ~t,,~ any, o! the party of the fir-- · .H. OLD the preo~;;'~e~ll"ts of the party oi%~ecc_e_,nter lines thereof; ~'O~n and to any Stree~ me party of the SeCon,f~.g?nted Unto the na,.+~"~aI ~ m and to said ,,~'_.--.,r-.-'x_w~-h the · - i,-rt mrever. ,--'; ,., me second ,~,.... .r,.,;,alse~; TO HAW~,- r~,, me tears or successors .,_r....'t~.D eno a~Jgns the first par~ cOvenants ! premises hay- ~-~ hat the nan,, ~r .. - ' Che fir . . the first - .bered In an st latrt i~,za not do · st part will re,,.;....part, m COmohan ,,, ..,:,L o ~. Way whatever .___. ne or suffered ...... eratioa as ,, + .... /---:.-e me COnsl t;~,, tce ,-:~fl auction 13 '.'""Y~_ as afor ' -'- -,,~mng the -- _- "-,~ ~une to be .,,,,cs-i~de~a~--" tot this corn,.., o~ the Lien [aw ,,~. esaid. --- ~Wne nrst to ,~,- -- -~-t,.,.u nrst for ~,. ~ --.~yance and Will h..s,a .["' .~'. ell~lte time +!. any Other Y t of the . rpose of ri&bt to · ~uxy ,,~ purpOse, cost of the ..... paying, the coat ,,~ ,~.- -. receive such ~ ne Word "Oart,," .~...,, , . -'~',oVement before Us/n..~" ,-,n .an.~ovan~ and ~t~"'-'-~ _~_...Wf~NF.~ WItF=RF~e ,._ "'~ rea~ 'pan/es" whe ........ · ----' "" "~ ~ ,rotan. -------, ,,,e party of the firs' - ----rtne sense ~f th~ ;-;-- . ..., . .~ .~oyeartrst gathryn 1Plsst and lindolin Bartesu to me known to be the individusls descn'oed in ~nd who executed the foregoing instrument, and acknowledged that I~OTARY PUBLIC. S~e of New Roddtnv in Su~ob Commbdon E~2lre: l~s~.]h ~0. 19~d~. they~ 19 , before me personally came . to me known, wh?, being by me duly sworn, did depose and say that he resides at No. . that he is the o! t ~ corporation described in and which executed the tore~....,ng instrument; that he knows the seal of hid corporatm; that the seal affixed to said inatrume~t is such corporate sesl; that it was so ..a~ixed by order of t.be b~rd of directors of said corpora- tion. mai that be mp~d h name thereto by like order. LOS ANGELES set 19 76 * before me Janet Field/,~, ~r ~6 ~.- tom~mb t~indivld~ ~in~ w~ ~ ~ f~ng inst~n~ nd ~1~~ she ~ ~e ~. -f ~ On the day of 19 , personally came . . the subscribing witness to the whom I am personally acquainted, who, being by me duly sworn did depo.~ and say that he resides at No. that he knows ; to be the indi~idusl described in &nd who _~____e~LJ~.d't~ ~ instrument; tbet be, said subecrlbln[ witness, was presmt and. saw execute the stone; and tht be: said vfltness, of Suffolk D. Ir. Im'ALCIN£LLI' INC. ~ INDF2~ made me ;t 0 day o! April . ~ne~ea hundred and B~TW~N KATHRYN FLEET, residing at West Creek Avenue Cutchogue, New York 11935 seventy-th~ee.i~i (no number), HARRIET SPILMAN, residing at 165 Prospect Street," Phillipsburg, New Jersey 08865, party of the second part, W~f'NF..q~9~-I-I~, that the party of the first part, in consideration of & OO/lOO ............................................................. 401hrs, ¼wful money of the United States, and other valuable consideration paid by the party of the second part. does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ~ that certain plot, piece or parcel o{ land, with the buildings and improvements thereon erected, situate, lying and ~eing in the Town of Southold, at Cutchogue, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on th~ WJsterly side of West Creek Avenue, distant Southerly 335.35 feet from its intersection with the Northerly side of Sunset Path, as measured along the said Westerly side of West Creek Avenue, said point of beginning, being where the division line between the premises herein to be described and land now or formerly of Barteau intersects the Westerly side of West Creek Avenue, and said point of beginning; running thence Southwesterly along said West- erly side of West Creek Avenue, the following two courses and dis- fences: (1) South 1° 49' 20" West a distance of 100.00 feet to a point; (2) South 0° 52' 50" West a distance of 25.00 feet to land now or formerly of Fleet; thence South 75° 43' 10" West along the North- erly line of said land, a distance of 310.0 feet to the ordinary th.igh..wate,r ma.rk o~ West_Creek~_t~ence Northeasterly along same on ne -lne oearlng morth 5~ 33' ~0" East a distance of 103.46 feet to land now or formerly of Barteau, 'aforementioned; thence North 71° 2~, 00" East along the Southerly line of said land, a distance of 3~0.00 feet to the Westerly side of West Creek Avenue, at the point or place of BEGINNING. ~ with all flint, and interest, if any, of the party, o! the ~qlllspart in and to any ~reets and roads abutting the above described premises to the center lines thereof, TO~.d~-II'I~R with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO ]~kVl~ ~ND TO HOLi) the premises herein granted unto the party of the second part, the heirs or succ~_.ors and assik~n~ of the party of the second part forever. .4~ND the party of the first part covenants that the party of the first part }ms not done or suffered anything whereby the said premises have been incumbered in any way whatever, except a~ aforesaid AND the party of the first part, in compliance with Section 13 of the Lien Law, ~ovenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the ecot of the improvement and will apply the same first to the payment of the cost of the improvement hefore using any part of the total of the same for any other purpose. The word "party" shall he construed as if it read "parties" whenever the sense of this indenture so requires. IN ~ ~'il~I~.OF, the party of the first part ha~ duly executed this deed the day and year first a~ove written. Kath~yn Fleet 19 , befo~ me dencdhed in and who executed the foregoing inserumex~ and acknowledged that executed the foregoing instrument, and acknowledged that s he e:~n~ted the mu~ executed the NOTARY FgBMC. State ol 1~ Suffolk ~un~r ti~. sz.~u~sw I ~A~ ~ N~ ~ ~ ~ m ~ the day oK 19 , ~ore me personally c~e to me known, who, being by me duly swnm, did depose and say that he resides at No~ ; that he is the of in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affbted by order of the board of directors of sal.d, corpora- tlon, and that he signed h name thereto by like order. On the day of 19 , before me personally came to me known, wl~., being by me duly sworn, did depose and ! say that he re.den at No. (~at he is the ' : the. corporation' descnhed' in and which ex .e?te~. the foregnmg metrument; that he to sa~d instrument is such corporate seal; that. it was so afl'ed by oeder of .t~ ~ of directou of ~ corpora- ~a~a{n m~ Jmalm WITH COVE,NANT AGAINST GRANTOR'S ACTS SECTION BLOC~ LOT of Suffolk THE T/TLE GUIR~.N"/F.E COMP, LN'Y AWE~ICAN TITVJE INSUPJ3CE CO. GUARANTEED ~:Z:,~ DIVISION 201HOWLLL RIVEI~{.EAD, ~. Y. 11901 LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P.C. I~AIN ROAD, P.O. BOX 1424 MATTITUCK. LONG ISLAND NEW YORK 11952 December ~ , 1989 To Whom It May Concern: This letter is to confirm that Wickham, Wickham & Bressler, P.C. is authorized to act on my behalf for the variance for my property at 1730 West Creek Avenue, Cutchogue, Suffolk County Tax Map # 1000- 17, 3, and is authorized to communicate with the Southold Town Board of Appeals, Southold Town Trustees, and New York State Department of ~ Harriet~lman KJH:mjb 109.-7-10oZ CRC WICKHAM JOHN & ORS 3~800 3,800 3,800 3,800 120 1 109.-7-10o3 C RY WICKHAH JOHN L & WF 1,400 6,300 1,400 6,300 210 1 --109.-?-10.& ............... ~-S~-~E~--~I'~i~AM M ............. 1,~00 ........ 8;200 ...... i';000 .......... 8;200 210 1' 110.-1-1 C IV WICKHAM HENRY P &,400 4,400 4,400 4,&00 120 I 13 --TI~.: 1... 9 110.-1-10 -TI0~-_1~11 110.-1 C LO MCGAHAN MARY S Z,500 5,000 2,500 5,000 260 I 13 --~Le"-L~'~A~$~-B~TT~-B ......... i;900 ......... ~;SO0 ....... 1~900 ...... 4~S00 &,,"~OE FLEET KATHRYN ~ ORS 700 700 700 700 3111 13 C ~'U ~PILNAN HARRIET~ ............. 1;3o0 ............3;200 ......... ....... E O~ POLLOCK ELEANOR W 2,700 6,700 Z,?O0 6,700 ~OO-POLLOt~-~iLEARO ~' & J E~ ....... I~500 ....... ~300 ...... 1~S0~ .......... 3'~300 ....2~0 1 ............... 1]'- - C IX POLLOCK ELEANOR W 1,~00 l~&O0 1~400 1,~00 ]11 1 13 C~J~ VANOE~BE~K-ROBERT ~'-& ............ 800 ......... 800 ............ ~00 ....... gOO '-311 1 C KJ CUTCHOGUE HARgOR HARIN 14,300 31~100 1&,300 31~100 &48 I 13 t10o-2-2 E KH GERHARDT OTTO~AR J 8 W 600 ._ 3,500 600 3,500 210 1 13 -~.0~'3 ............................ ~'~-~'~'~'~-'~'~'GE--L--~'-~ .......... 1~i00 ~'~0~ ......... T~IO0 ~O0 .... 2101 .... 13 ..... ~10.-2-& C LT CAIN JOSEPH E & WF 1,700 5,900 1~?00 5,900 210 I 13 -~'1~0~'~2;5 C~NH-~H~A~D--[O~ilE-~-'A~-¥'R ......... ° ............ SOO ................. SO~ ..... 500 ....... SO0 3iii ....... i3 110.-2-6 C NF SHEPARD W~RREN 0 A~ TR 1~100 ~,000 1~100 5,000 210 1 13 '--110~'2~7 ~'-~V--~R~Y~k~N-~RBA~A-H ......... i;80d ......... ?'~300 .... ~;800 .... 7;300 2i0 i i3- 110.-2'8 C OR CASE HARRY G S VF 1~800 6,800 1,800 6,800 210 I 13 -1-~0~02~9 ................ C PK~'~U~-~ERA[D"~-~ ........ ~00 ..... ~Od ....... ~;~0~ ......... ~;100 -210 I ..... 110.-~-10 ~ JN FALC[NELL[ DALE F ~ WF 1.300 3.300 1.300 ~.~00 210 1 13 ~2~11 .......... C~O NtGi~ JO~N L ~-~F ....... ~00:7 ...... ~200 .... 600 ......... ~200 '210 I 13- 110.-2-12 C KZ ~ACDONALD EEVIN ~ & 1,100 6,100 1.100 6,100 210 1 -1'~0L~2'13 ............................. ~-C~M~-~'Y~'iNE ~ ......... 1~100 .......... ~000 ........... i;i00- ~- &;O00 210 i ' lS .... 110o-2-1& --I"I 0~-;'2 - 1 S 110.-2-16 --fl O~;2-17 110.-2-18 -110'72-10 110.-2o20 -1' 10'?-'~;; 21 110.-3-1 -TIO-.- :-~J; 2 110.-3-3 CML KULL ROBERT G WF 800 7,400 C NE~K~--TYLAK~X~--60~OTHY 70~ ........ C NX RALEIGH FRANCIS N & WF 700 S~?O0 C PJ MELTLLO BRUCE E 900 5,400 ~B~O-N~O~N ~-&~ ................ 900 ............ C KF LEPIK VIRVE & ANO 800 800 C KY REA~JO~N-~-gF ..................... 900 ~000 C KE LOMBARD[ WILLIAM & PNY 800 5,400 800 ?,&O0 210 I 13 ?00 ~;700 -'21~-1 ...... 13 700 5,700 Z10 1 13 ---?00 ........... 5;800 '-210'1 ...... 13 900 $,~00 210 1 13 90~ ........ ~;?00 ' -210 I 13' 800 800 311 I 13 900- ....... ~;000 - -210"1 I3 800 5,~00 210 I 13 C~RY~N~NN'--SANFORO ............ ?0~ ............TT~O0 ...... 70(~ ......... 7;'400 210'1 .... 13 ..... ' C LQ CAMERON CLEMENCE L JR 800 ?,900 800 7,900 210 1 13 i ~10~'~3'4 ........................ C-'MJ-80~IN~-'G'ERTRUDE K ......... 800 ....... 5~500 .......... 800 .......... 5~500 '' 210 I 13 110.-3-5 110.-3-? -TIO;-;3; 8 110.-3-9 ""~10 =~-3-_ 10 C NC LENK KARL F & WF 700 700 700 700 3111 13 C NV SHAW HA~RY--F 800 ~00 -SUO &;~O0- 210 1 - - 13 - - - C O0 ROBINSON EVELYN K 700 700 ?00 ?00 311 1 13 C P~UGENT RAYMOND ............. 800 ....... ~900 ...... 800 ........... 5~900 ' 210 I - 13 C GA VANDERBECK ARTHUR M 800 &,200 800 4.200 210 I 13 ~--~b~UR-P~Y-gA~TER-~ ~ODO 4~00 'T~O0o ~7~00 .... 210 I ................ 1'3 PAGE -51--PARCE~S'-(-A:T~'VE} 'Z~2;900 '1988-TOTA( ....... 258,000 1989 TOTAL BOARD OF APPEALS. TOWN OF SOUTHOLD In the Matter of the Petition of : Harriet Spilman : to the Board of Appeals of the Town of Southold : TO: John Elliott Dawson and Mary D. Holland 230 Pequash Ave., Cutchogue, N.Y. 11935 ~ '~NOTICE TO ADJACENT PROPERTY OWNER Kathryn Fleet, West Creek Avenue, Cutchogue, N.Y. 11935 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a ~ (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adiacent to your property and is des- cribedasfoUows: North by Dawson. South bv Fleet. East by Wear Creek Avmn,,~: West by West Creek. 3. That the property which is the subject of such Petition is located in the foUowing zoning district: R-40, Residential Low Density AA. 4. That by such Petition, the undersigned will request the following relief: Variance From Setback Requirements From Bulkhead For Proposed Additions to Dwelling. $. That the provisions of the $outhold Town Zoning Code applicable to the relief sought by the under- signed are ~krti¢le XIII Section 100-239.4 B 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (516) 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-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: January 9, 1990 . Petit~on~;'" ~' '/ ' ..,///- ' - 'v - Owner's Names: Harriet Spilman Post Office Address 3503 Nicholas Street Easton~ Pennsylvania 18042 Tel. No. (215) 253-9399 NAMg PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRES~S STATE OF NEW YORK ) COUNTY OFSUFFOLK) SS.: A)' ~ , being duly swo~n,-'dep-oses and says that on~tl~ q~,~ day ' of .L,~,~.g.! J ,19C~ 1'~ , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, dire~d to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current Mse~rn.~nt ro, U of the. To)vn of $outhold; that said Notices were mailed at the United States Post Of- fic~l~,~_/-~/,C/~ . /~/,~/. · that said Notices were mailed to each of said persons by ~ register'ed) mail./ / ' Sworn talbefore me this ~/'-:-' d~~__~ Notary Public