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Home My WebLink About3939 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 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 Appl. No. 3939 Matter of GEORGE SCHNEIDER. Variance to the Zoning Ordinance, Article III, Section 100-32, for permission to construct a one family dwelling with attached garage, Bulk Area and Parking Regulations and insufficient sideyard setback. Property Location: 800 Sterling Road, Cutchogue, County Tax Map No. 1000, Section 104, Block 01, Lot 29. WHEREAS, a public hearing was held and concluded on May 15, 1990 in the matter of the Application of GEORGE SCHNEIDER, under Appeal No. 3939; 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 north side of Sterling Road, Hamlet of Cutchoque, and is identified on the Suffolk County Tax Maps as District 1000, 104, Block 01, Lot 29. 2. This is an application for Variances from the Zoning Code Article III, Section 100-32, for permission to construct a one family dwelling with an attached garage. Bulk, Area and Parking Regulations and insufficient side yard setback. Page 2 - Appl. No. 3939 Matter of GEORGE SCHNEIDER Decision rendered June 19, 1990 3. Article III, Section 100-32, No building or premises shall be used and no building or part thereof shall be erected or altered in the Agricultural-Conservation District and in the Low-Density Residential R-80 District unless the same conforms to the Bulk Schedule and Parking Schedule incorporated into this chapter with the same force and effect as if such regulations were set forth herein in full, as well as to the following bulk and parking requirements: 4. The subject premises is located at 800 Sterling Road, Cutchogue and is improved with a one story framed house with an attached garage, the area is 24,217 sq. ft. in this R-40 Zone District. 5. In considering this application, the Board finds and determines: (a) the relief requested is not within the character of the immediate area and will be a substantial change, creating other precedents to follow; (b) the practical difficulties claimed are not sufficient to warrant the granting of the relief requested; (d) the circumstances of this property are not unique; (e) that in carefully considering the record and all the above factors, the interest of justice will be served by denying the relief granted and granting alternative relief, as further noted below. Accordingly on motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED to DENY the Variance with ALTEP, NATIVE RELIEF in the matter of the application of GEORGE SCHNEIDER under Appeal No. 3939, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the attached garage not be any closer than 6 ft. 3 in. from the easterly property line. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Sawicki and Dinizio (Absent Serge Doyen, Fishers Island). This Resolution was duly adopted. RECEIVED AND FILED BY THE SOUTHOLD TOWN CL~.t~K Town Cle~k, Town of Soutkold... ~NGER ,/~ RMAN APPEALS BOARD MEMBERS Gerard P. Gochringer, Chairman Charles Grigonis, .Ir. Serge Doyen, .Ir. .Ioseph H. Sawicki .lames Dinizio, .Ir. 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 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 $OUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, MAY 15, 1990, at the following times: 7:30 p.m. Appl. No. 3940 - HAROLD AND SARA TAUBIN. Variance to the Zoning Ordinance, Article III A, Section 100-30A.4 (100-33) for permission to construct an accessory building in frontyard area. Accessory buildings may be located in the required rear yard. Property Location 625 Terry Lane, Southold, County Tax Map No. 1000, Section 65, Block 1, Lot.23. ?age 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of May 15, 1990 7:35 p.m. Appl. No. 3937 ~ PATRICK LOHN. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 B, for permission to construct a deck. Proposed construction will be less than 75 ft. from the bulkhead. Property Location: 2480 Minnehana Boulevard, Southold, County Tax Map No. 1000, Section 87, Block 3, Lot 57. 7:40 p.m. Appl. No. 3935 - JCM SALES AND LEASING. Variance to the Zoning Ordinance, Article XXIII, Section 239.4, for permission to construct an accessory deck, proposed construction will be less than 100 ft. from the top of the bluff. Property Location: 62825 North Road, Greenport, County Tax Map No. 1000, Section 40 Block 01, Lot 11.1. 7:45 p.m. Appl. No. 3934 ~ JOYLON STERN. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 All), for permission to construct addition to one family dwelling. ~Proposed construction will be less than 100 ft. from the top of the bluff. Property Location: 63035 County Road 48, Greenport, County Tax Map No. 1000, Section 40, Block 01, Lot 13. Page 3 - Notice of Hearings Southold Town Board Regular Meeting of May 15, 1990 7:50 p.m. Appl. No. 3933 - PAMELA VALENTINE. Variance to the Zoning Ordinance, Article XXIII, Section 100-231 A, for permission to construct an 8 ft. fence in front yard area. Fence in the front yard area not to exceed 4.ft. in height. Property Location: 34655 Main Road, Orient, County Tax Map No. 1000, Section 019, Block 01, Lot 5 & 6. 7:55 p.m. Appl. No. 3936 - LUCAS FORD. Special Exception to the Zoning Ordinance, Article III, Section 100-31 C.9 (E), for permission to install an off-premises sign. Property Location: 43600 County Road ~48, Southold, County Tax Map No. 1000, Section 063, Block 01, Lot 1.6. 8:00 p.m. Appl. No. 3943 - GREG'S SEAFOOD DOCK & MARKETING, INC. Special Exception to the Zoning Ordinance, Article III A, Section 100-30 A.2 C(1) (100-31C), for permission to construct an off-premises sign. Off-premises signs are not a permitted use in this district. Property Location: 69435 Route 48 & .55 Sound Road, Greenport, County Tax Map No. 1000, Section 35, Block 1, lot 8. Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting May 15, 1990 8:05 p.m. Appl. No. 3945 - BIDWELL WINERIES. Variance to the Zoning Ordinance, Article III, Section 100-30, for permission to set up a temporary tent for cultural events. Proposed tent doesn't address this condition in A-C Zone District. Property Location: 18910 County ~48, Cutchogue, County Tax Map No. 1000, Section 096, Block 04, Lot 4.3. 8:10 p.m. Appl. No. 3929 - VINCENT ANNABEL. Special Exception to the Zoning Ordinance, Article III, Section 100-31, for permission to have an accessory apartment. Property Location: 4300 Stillwater Avenue, Cutchogue, County Tax Map No. 1000, Section 137, Block 2, Lot 21. 8:15 p.m. Appl. No. 3932 - MATHIAS AND MAUREEN MONE. Variance to the Zoning Ordinance, Article XXII, Section 100-239.4 A, for permission to construct a swimming pool, Proposed construction will be within 100 ft. of Long Island Sound. Property Location: 2830 Grandview Drive, Orient, Co. unty Tax Map No. 1000, Section 014, Block 02, lot 3.5. Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of May 15, 1990 i8:20 p.m. Appl. No. 3939 - GEORGE SCHNEIDER. Variance to~ ; he Zoning Ordinance, Article III, Section 100-32, for ~ ermission to construct a one family dwelling, Bulk, Area and ~ arking Regulations and insufficient sideyard setback. Property ocation: 800 Sterling Road, Cutchogue, County Tax Map No. / ; 000~. Section 104, Block 01, Lot 29. -~ j 8:25 p.m. Appl. No. 3932 - ROBERT GREDICK. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3, Article IIIA, Section 100-30A.4 (100-33), for permission to construct addition to dwelling and accessory garage in front yard area. Proposed construction will have insufficient front yard setback and accessory buildings may be located in the required rear yard. Property Location: 7825 Nassau Point Road & Clearwater Lane, Cutchogue, County Tax Map No. 1000, Section 118, Block 04, Lot 06. 8:30 p.m. Appl. No. 3931 - JOSEPH SHIPMAN. Variance tQ the Zoning Ordinance, Article X, Section 100-102, for permission to institute a second business, Bulk, Area and Parking Requirements. Property contains less than required business area. Property Location: 6619 Main Road, Laurel, County Tax Map No. 1000, Section 125, Block 01, Lot 19.7. Page 6 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of May 15, 1990 8:35 p.m. Appl. No. 3942 - DAVID & MARY ANN CREATO. Variance to the Zoning Ordinance, Article III, Section 100-31 (A) 1, for permission to have a second dwelling, only (1) family dwelling permitted on each lot. Property Location: 3539 (ROW) Cox Neck Road, Mattituck, County Tax Map No. 1000, Section 106, Block 08, Lot 51. 8:40 p.m. Appl. No. 3941 - CONSTANTINE GEORGIPOULOS. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3, for permission to construct a one family dwelling. Proposed construction will have insufficient front yard setback. Property Location: 1300 Lake Drive, Southold, County Tax Map No. 1000, Section 59, Block l, Lot 21.6 & 21.7. 8:45 p.m. Appl. No. 3911 - WALTER RAFFERTY. Variance to the Zoning Ordinance, Article XXIV, Section 241A, (Article XXVII, Section 100-281 (3), as disapproved, for permission to construct additions and alterations to garage with apartment. Garage living quarters has been dormant long enough to loose its non-conforming status and the use there of. Property Location: East End Road, Fishers Island, County Tax Map No. 1000, Section 03, Block 07, Lot 05. Page 7 - Notice of Hearings Southold Town Board of Appeals Regular Meeting May 15, 1990 8:50 p.m. Appl. No. 3938 - VILLAGE M~%RINE. Variance to the Zoning Ordinance, Article XII, Section 100-112, Article XII, Section 100-111(C)1, Article XXIII, Section 239.4, for permission to enlarge preexisting marina building and install boat rack Mattituck, 15.1. (outside). Property Location: 175 Bay Avenue, County Tax Map No. 1000, Section 122, Block 03, Lot 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 presentation will be available, if needed. For more information, Please call 765-1809. Dated May 8, 1990 for your BY ORDER OF THE SOUTHOLDTOWN BOARD OF APPEALS GERARD p. GOEHRINGER CHAIRMLkN by Doreen Ferwerda FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date .... ~.. ~-~ ............ 19 9.0.. PLEASE TAKE NOTICE that your application dated ... ~..O~....~....~. ....... , t9 .~.0.. Location of Property fl~vs.e~.~o.. .~ ~ . . .~ ~ .~ ~ ~~ . ~ ........ ~; ............ ~ .......... c~m~ ~ ~ ~. ~ooo s~. . . . ~. ~. ~ ..... m~ .... ~. ~ ....... ~ .. ~ ~ ........ Subdivision .~ ........ Filed Map No ................. Lot No. is returned herewith and disapproved on the follow~g grounds .~ ~ .I.~.~ .~ ~ ~.. ~ ~..e~.~.~ ~~ .. ~. ~..~.~ .................. :~ ...... h~ ....... ~ .... · ........ Buxlding Inspector RV 1/80 Disapproved a/c ..................................... ~'~d/ng Inspecto}i ........ APPLICATION FOR BUILDING PERMIT BOARD OF tlEALTH · 3 SETS OF PLANS ...... FoRM o., suRv . TOWN OFSOUTHOLD 'CHECK BUILDING DEPARTMENT SE~C ~0RM . TOWN HALL SOUTHOLD, N.Y. 11971 NO~Z~ · .23/&.?.. MAIL TO: INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building I~spector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets .or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- ~,eation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. ~ APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary~.~p'ections. ~ ,/~ .,v ~__~gfiature of applicant, or name, if a corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. .............. ........................................................................ .. (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) · ALL CONTRACTOR'S MUST BE SUFFOLK COUNTY LICENSED Builder's License No....~....~../~.c.~--/"~ ............ Plumber's License No ...... ./ / Electrician's License No....[ .................. Other Trade's License No...~. .................. 1. Location of land on which proposed work will be done~ ' House Number Street Hamlet County Tax Map No. 1000 Section .... /.o..~. ........ Block .... .O../. .......... Lot ..... .2..~. ..... ,. Subdivision..~.4~. ~...~./</ .~-~./~.~. - ~ Filed Ma o. 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy V',~c/~,,,,'.,~'. Z, .,~...~(.~ .... i: . - b. Intended use and occupancy ............ ); B V. -,- ,;,--,~ ul Wor~c (cnec}: wmcn applicable New u~ding ... Addition ~teration Rep~ .............. Remov~ .... ' ........... ..... Demolition .............. Other Work .............. 4. Estimated Cost ......... ~. ................. e ............... (Descfiplion) .......... Fe . .. ~ (to be paid on filing this application) 5. If dwelling, number of dwelling units ............... Number of dwelling units on each floor If garage, number ofc~s ........ ~ ..... ff.. 2 ..... 6. If busin~ ' ..................................... 7. Dimensi~ ~:~m ~ ~ ~ ~,.~.~v-,,~y, specny nature and extent of each type of use ......... Height ~. ~--.' .... ~.'TNfimbetofSto~es ............................ ... · - D~ensio~ f s~e~tm~ture_with alterations or additi - Dep~ ~, ~ "~. i ~,. ons. Front ....... ~; . ~. '.~d · '~ · · · ~ · · .~,~el~t ..... ~, , _ k' ' '. ..................... ~- ~ensl~ [~tir~ n~,, ~,,*,.~tz,. ~ . ~ ~ ............ numoer ot ~tones . . . . front . .Zo . - a ~ ................ ....... ..... ......... ...... 9. ~lze oI~ ~ ............... : ...................... 10. DateofPurch~~ ..... Rear..~:..(~.~.~ .......... Depth ...(.~./'~ ........... · - . ' ............... me of Fo~erOwner ~ . 11. Z°ne °r use d~stnct m which premises are situated ~U(~ ~ ' 12. Does proposed construction violate any Zoning law, ordinance or re~uDt~- 13. Wflllotberegraded ff~ ....... : ..~ ............... ' ' 'A' ' ' ........~ ........... Will excess fill be removed from rem~ses 14. N~e of Owner ofpremmes~ 7 ~~, ~ ..... P ' : Yes N~e of Architect .............. r~aress ~<. ~/~ff~.. ~'~one No ...................... Address ................... Phone No ................ N~e ofContractorO. O~ ~ ~~ --.. 15. · .............. ~aaress .... ;... I ........ Phone No .... Is this property located within 300 feet of a tidal wetland~ *Yes · If yes, Southold To~ T~stees Pemit maybe required. 2~... No .~..~" ........ PLOT DIAG~M Locate cle~ly ~d distinctly MI bufld~gs, whether existing or proposed, and indicate ri set-back d~ensions fron";: prope~y Enes. Give street ~d block number or description accord~g to deed, ~d show street nines and indicate whethe~ inte~or or comer lot. 7°` (Name of indix id ual signing contract) ~bove named. is the ................................. .¢?fqG/j.~,./7/ .... .. {Contractor, agent, ......................... corporate officer, etc.) ....... said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this :pplication: that all statements contained in this application are true to the best of his knowledge and belief; and that the york will be performed in the manner set forth in the application filed therewith. ;worn to before me this ..... , ........ )q'fi ..... ,'otar3 Public, (:~/~fF~' .. " ["" · ....... ~ Qumi~i~ n ~,,~7,7~ _.. ' L~gnatu~ of applicant) TOWN OF SOUTHOLI~ APPEAL FROM DECISION OF BUILDING INSPECTo~I~;--- il t APPEAL NO. '~ ~' ~ 7 TO THE ZONING BOARD OF APPEALS, TOWN O~. YJ. Nome of Appellc~t Street oral Num/~r Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECT_OR'. ON WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPER~ .................................................................................................... Street /Haml~ / Use District on Z~i~ ~p Dis~Jc~ 1000 S~c~Jon/~Block~ Lo~z~ ~ - .................................................................................. ~urrenc ~ner ~g~ ~ Mop No. Lot No. Prior Owner ~o~ ~YIS 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number, Do not quote the Ordinance,) Article ~ Section /~- 3. TYPE OF APPEAL Appeal is mode herewith for (please check appropriate box) (/) 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 () 41 PREVIOUS APPEAL A previous appeal (Jaee.) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for o variance and was made in Appeal No ................................. Dated ...................................................................... ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that Form ZBI (Continue on other side) REASON FOR APPF~L '~ Continued IIVII:~II ]. STRICT APPLICATION W~I~(~Ii~ANCE would produce practical difficulties or unneces- sary HARDSHIP because ! 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE- CHARACTER OF THE DISTRICT because STATE OF NEW YORK ) ) COUNTY OF ~'~ FF~)/~__ ) ss Sworn to this ........... /./ ............................... day of ............ b~ .~.z'd./..~.. ................... 19~o Notary Public EILEEN M. ROACHE No. 4828942 Ouallfled I. Suffolk Coun~ Commbsion ~ d~numy 31.18..~.~ APPEL FROM DECISION OF BUILDING INSPE~d ~rr~ NO. oA~ ~....~.~..Z.~.. ( ) TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ~, (We).....~...~.~.~........~,......~:.E.~..~..~..~.~of ~ -~.T..~., ~,~" /~h .............. Name of Appellant Street and Number ....... ,~.,,'...~.,,d.~.~...~...~.....~.. .......... ~ ............................... ...~...'...~, ........... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUll. DING INSPECTOR ON ..... ................ ..... .................................. WHEREBY THE BUILDING INSPECTOR DENIED TO ....... ~'?.~-'_<zf£~ .... 'z= ....... ~c~/..~..e~ ....... Nome of Applicant for permit of ............. ).....e.~ ......... ~..:..~z~ ......... ~ ~.. ..................................... ¢..~'~ ,u~ .............. Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY !. LOCATION OF THE PROPERTY ......... ~.~..~.~./~-~?~:~z~!~.~&~-~ ....... ' Street /Hamlet / U~e District on Zoning District 1000 Section/~5/Block / Lot Z(j ....................................................................... ,:.,. O~ner Map No. //~ · Lot No. Pri0r Owner ~A~v' Z~V75 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article ~ Section 3 ~TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (v~' A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chop. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (has) (,he,~e~) been made with respect to this de~ision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit { ~ request for a variance and was made in Appea! No ..... ,~...?...~..7. .............. Dated ....... ~ .~.~.~..~..~.~...../..?...,./.?....~...~. ........................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ~ A Variance to the Zoning Ordinance ( ) is requested for the reason that ~ ~ l~orm ~,B1 (Continue on other side) REASON FOR APPEAL Co~tinued 1. STRICT APPLICATION OF THE ORDINANCE would prOduce practical difficulties or unneces- sary HARDSHIP because ~'~6'/~ /'~"-r- ~" ~ -~'~q-G'~.- &,/o~/..,~ ,,90q~>~- 7-0 · - ~ ~'e~1 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because 3. The /arionce would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because · ~ o,~- "r~,~ a-5 STATE OF NEW YORK ) ) ss COUNTY OF ) Sworn to this ...:~.......~.'..~X/..~'...... day of...~..~.~ ......................... 199/ Notary Public OWNER TOWN OF .SOUTHO~.D P~OPERTY. RECORD CARD STREET ~ ' VILLAGE DISTRICT SUB. FORMER2OWNER · " N ' 'J E RES. c~/~ LAND AGE S ~ W ~ TYPE OF BUILDING : SEAS. VL ? FARM COMM. J IND. CB. MISC. Est. Mk,. Value BUILDING CONDITION NEW BELOW Farm Value Per Acre Tillable 1 Tillable 2 Tillable 3 Woodland Swampland Brushland House Plot Total NORMAL Acre 'T ABOVE Value FRONTAGE ON WATER FRONTAGE ON ROAD/~J-.,f"~, DOCK Extension Ext. Walls ~tt? i' {~/'4 Interior Finish ~te~ton Fire Place '/ Heat ~ Po~h R~f T~e Br~z~ Potio R~ms 2nd Flor :]~rage: . / - ~ Driveway Dormer SUFFOLK CO. HEALTH DEPT. APRt~OVAL THE WATER S~LY AND SEWAGE DIS~AL CONFORM TO THE STANDAR~ OF THE SUFFOLK CO DEPT. ~. HEALTH ~RVlCE$. SERVICES -- FOR APPROVAL OF APPEALS BOARD MEMBERS Gerard P. Ooehringer, Chairman Charles Grig0nis, 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 28, 1991 Mr. George T. Schneider 800 Sterling Road Cutchogue, NY 11935 Re: Request for Rehearing Dear Mr. Schneider: This letter will confirm that the Board of Appeals was not able to receive a unanimous vote as required by New York Town Law, Section 267 at our Regular Meeting held February 22, 1991 The rehearing request is therefore deemed to be denied. lk very truly yo~~ GERARD P. GOE~RINGEF CHAIRMAN ~ APPEALS BOARD MEMBERS Gerard P. Goehfinger, Chairman Charles Grigonis, Ir. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD INTER-OFFICE MEMORANDUM CONFIDENTIAL TO: Matt Kiernan, Asst. Town Attorney FROM: Gerard P. Goehringer, Chairman~ DATE: February 27, 1991 SUBJECT: Appl. No. 3939 - George Schneider Noncompliance with Zoning Restriction SCOTTL. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 This memorandum is in response to your inquiry concerning the above file. At our Regular Meeting of February 22, 1991, the Z.B.A. discussed enforcement matters and reviewed its decision filed with the Town Clerk's Office on July 17, 1990 in the above appeal. There is no disagreement with the Building Department (Gary Fish) that the ZBA decision with alternative relief for a sideyard setback at not less than 6'3" is still in full force and effect under the zoning code and Town Law. We also understand that this project is outstanding with the Building Department since an "amended building permit" has not been issued to substitute the changes from the original permit, issued on 10/10/89 (prior to the ZBA's determination). The Appeals Board does not feel it is proper for it to be directly involved with enforcement of any zoning matters (unless there is a need for an interpretation under the zoning code or one of the ZBA's actions), particularly since its jurisdiction under an appeal is quasi-judicial. In this specific situation, there does not appear to be a need for clarification of the Board's decision; and accordingly, the Appeals Board refers any matter needing enforcement byway of legal proceedings via the Town Board who must authorize the appropriate "police power" to the Building Inspector (as per Town Law and Section 100-280A of the Town Zoning Code). The same authority is granted in enforcement of ZBA conditions rendered in an "appeal" process as is granted to the Building Inspector in the issuance of a Notice of Disapproval. Please let us know if there has been any change in this respect. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Gfigonis, Jr. Serge Doyen, .Ir. James Dinizio. Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 $outhold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 February 28, 1991 Mr. George T. Schneider 800 Sterling Road Cutchogue, NY 11935 Re: Request for Rehearing Dear Mr. Schneider: This letter will confirm that the Board of Appeals was not able to receive a unanimous vote as required by New York Town Law, Section 267 at our Regular Meeting held February 22, 1991 The rehearing request is therefore deemed to be denied. Very truly yours, GOEHRINGER GERARD P. CHAIRMAN lk VICTOR LESSARD PRINCIPAL BUILDING INSPECTOR (516) 765-1802 FAX (516) 765-1823 OFFICE OF BUILDING INSPECTOR TOWN OF SOUTHOLD STOP WORK ORDER TO: GEORGE T. SCHNEIDER ( OWNER ) P.O. Box 1185, Sterling Rd., Cutchogue, N.Y. 11935 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York I 1971 YOU ARE HEREBY NOTIFIED TO SUSPEND gr.r. WORK AT: 800 STERLING ROADw CUTCHOGUEw NEW YORK SUFFOLK COUNTY TAX MAP %1000-104-1-29 Pursuant to Section: 100-283 of the Code of the Town of Southold, New York you are notified to immediately suspend all work and building activities until this order has been rescinded. BASIS OF STOP WORK ORDER: FAILING TO MEET SIDE YARD SET BACK AS SET FORTH BY ZBA DECISION %3939 WHICH STATES THAT THE ATTACHED GARAGE NOT BE ANY CLOSERTHAN 6'3" FROM THEEASTERLY PROPERTY LINE. CONDITIONS UNDER WHICH WORK MAY BE RESU~.D:YOU MAy RESUME WORK WHEN THE PROVISIONS OF THE ZBA DECISION HAVE BEEN COMPLIED WITH AND INSPECTED BY THE BUILDING DEPARTMENT. Failure to remedy the conditions aforesaid and to comply with the applicable provisions of law may constitute an offense punishable by fine or imprisonment or both. DATED: OCTOBER 23, 1990 ' G/~ J. FISH BUILDING INSPECTOR FORI~I NO. 5 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. ORDER TO REMEDY VIOLATION (owner or authorized agent of owner) P.O. BOX 118.5, ......... $.TE~.LI~G...RD. ...... C~.'[ ~;,1~0.~.1~]~.,.,./~/.,.~ ..... I 19 3 5 (address of owner or authorized agent of owner) PLEASE TAKE NOTICE there exists a violation of: Zoning Ordinance 1) CHAP. 100-284 ~) Bulk Schedule (sideyard setback~ Other Applicable Laws, Ordinances'or Regulations ............................................ at premises hereinafter described in that I) OCCUPYING A RESIDENCE b/ITHOUT A (state character of violation) Ceretiflcate of Occupancy . 2) Failing to comply with z.b.a, decision ~3939 which stares that the attached garage not be any closer than 6'3" from the easterly property line. in violation of ....(.l~...Gll~l~.,....LQO~..2B.4...~l...CZ)....~..u..1..k.....S...c..h..e. dule (side~.ard setback) (State section or paragraph of applicable low, ordinance or regulation) YOU ARE THEREFORE DIRECTED AND ORDERED to comply with the law and to remedy the conditions above mentioned TNHEDIATEI'.¥ The premises to which this ORDER TO REMEDY VIOLATION refers ore situated at 800 STERLING ROAD, CUTCHOGUE County of Suffolk, New York. SUFFOLK COUNTY TAX RAP # 1000-104-01-29 Failure to remedy the conditions aforesaid and to comply with the applicable provisions of Iow may constitute an offense punishable by fine or imprisonment or both. /Building Inspector BUILDING DEPARTMENT, TOWN OF SOUTHOLD ~mthold, New York I 1971 APPEARANCE TICKET-NO: 190 Issued to: Name Flcst Name MI ~0,~ S,t£t';.LL?~G ROAD · Numl~r and Slreet CUI'CttOCiJg, il~,'d ~'OtCK YOU ARE HEREBY directed to appear at the Justice Court. Town of Southold (Town Hall} 53095 Main Road (State Route 25). Southold. New York 11971. On the 22nd day of Fg~,RUAI~Y at 5:30 o'clock in the a M.' in connection with your alleged 1991 commission of the offense of: 2. iaili~., co ~,~ 4:[Y ~i~!~ Zonln;1 ~,n-rd contrary to the provisions of of the code of the Town of Southoid Dated: / /!~/ / / / Issued pnd Subs~ibed, by: ~ ~ '~' ,g IF YOU FAIL TO APPEAR ON THE DATE AND TIME INDICATED. A CRIMINAL SUMMONS OR WARRANT FOR YOUR ARREST MAY BE ISSUED. TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N. Y. NO_ BUILDING PERMIT (THIS PEP~IT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) 185~5 Z ~t..../..~.~../.~ ....................................... Permission is hereby granted to: ...~....z~ ................................................. __ _...~,~.,..~,,...-.......:../...~ ...... . ~ _ ,o at premises located at ..~..~...~......~..~.. ~9..~.....,/~..~.~. .............................................................. Coun~ rox Mop No. 7000 Sec*~on ......... ./.~.../... B,,~k ........... ~/..... ~ No ....... ~..~.. ........ pu.uon, ,o opp,,=t,on d°,ed ...... ./.~./~ ................................. . ,~.~ Building Inspector. Inspector Rev. 6~30/80 Aprf~ 18, 1990 Zoning Board of App,'als Town of Southold Southold Town Hall ~ain Road Southold, N. Y. 11971 Re: George Schneider Premises located at Sterling Road, CUtchogue, N. ~.'' ~ mo whom It May Concern: The un~ersigned are owners of property surrounding the lot with new house owned by Geroge Schneider on Sterling Road, Cutchogue, N.Y. It has come to our attention that Mr. Schneider has requested a variance due to the fact that his garage is not the required amount of feet away from the oroDerty line dividing his property and that of land owned by the Estate of John W. Davis. We acknowledge by signing this letter that we have no objection to ~r. Schneider obtaininq hi~ va. riance. ~il~aye and Wilfred .~helley Boyd -~ Estate of John N. Davis by DJ]lave D. Kruse co-executrix ~ and Shelley Boyd, APPEALS BOARD MEMBERS Gerard P. GoehHnger, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, ,Ir. 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 July 13, 1990 Mr. George Schneider P.O. Box 1185 Cutchogue, NY 11935 Re: Appl. No. 3939 - GEORGE SCHNEIDER (Variance) Dear Mr. Schneider, 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 commencing 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' Office APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZlO, JR. Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I.,iN.Y. 11971 TELEPHONE (516) 765-1809 FAX No. (516) 765-1823 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 t~ call our office prior to the hearing date if you have questions or wish to update your file. Yours very truly, CHAIRMAN dff 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 £ 25 TOWN OF SOUTHOLD COUN?Y OF SOFFOLK : S?A?E OF NEW YORK TOWN OF SOUTHOLD : ZONING BOARD OF APPEALS HEARING : Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 May 15, 1990 7:37 P.M. BEFORE : GERARD P. GOEHRINGER, Chairman. BOARD MEMBERS: CHARLES GRIGONIS, SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. Doree~erwerda, Secretary to Board JR. 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 54 a motion closing the hearing and reserving decision until a later time. MR. DOYEN: Second. THE CHAIRMAN: All in favor? MR. GRIGONIS: Aye. MR. DOYEN: Aye. MR. SAWICKI: Aye. MR. DINIZIO: Aye. THE CHAIRMAN: The next appeal is Appeal Number 3939, in behalf of George Schneider. Variance to the Zoning Ordinance, Article III, Section 100-32, for permission to construct a one family dwelling, Bulk, Area and Parking Regulations and insufficient side yard setback. Property Location: 800 Sterling Road, Cutchogue, County Tax Map Number 1000, Section 104, Block 01, Lot 29. I have a copy of the survey produced by Roderick Van Tuyl, P.C., dated ... which is mapped on the 18th. I assume it was map prepared on September 18, ~989, and revised on February 28, 1990. The nature of this application is a ¢ ( £ 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 55 side yard setback for the attached garage which at it closest point is two feet three inches from the east property line and at its furthest point, three feet nine inches. The front of the house is three foot nine. The rear of the house, with the garage attached, is two feet three. I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Would you like to be heard, Mr. Schneider? MR. SCHNEIDER: George Schneider. am the property owner. I can answer any questions you may have. THE CHAIRMAN: How did you get that piece, George? MR. SCHNEIDER: Well, the people who owned the property are people I have known for a while, and when I found out about the property I approached one of the daughters and she told me, and this is Ms. Cruz (phonetic spelling), that her father was very ill and they had power of attorney to sell the property. 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 56 We agreed on the piece and we even walked on the property and were shown some monuments where the three corners were. The one corner is still in an overgrown area and I still haven't found it, but the three monuments are there and until I got the second survey, Ms. Cruz was under the impression this particular monument was in fact the corner of the property. I also found out, when I requested the first survey for the Building Permit, that I got a copy of an older survey that they, in fact, didn't come down and survey the property and marked it, but I got the survey and I went over to the property and saw no new markers and assumed the monuments were there. So there is no reason to remark the corner with the monuments on it. I used these to lay out the THE CHAIRMAN: had on that side, out the house? MR. SCHNEIDER: THE CHAIRMAN: location of the house. What did you think you when you originally laid As far as what? The side yard. ( 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 57 MR. SCHNEIDER: The limit is 15. I wanted 15 1/2, just to he on the safe side. I wanted to favor that side. That is the side with the garage on it. THE CHAIRMAN: Okay. You thought you had 15 1/2 is what you are saying. MR. SCHNEIDER: Correct. THE CHAIRMAN: When did you detect that you really only had about three ... three and a half? MR. SCHNEIDER: I got the survey back March 4 and I saw the distances, and went back to the property and there was still no markers except for a little nail and the red tape I guess they used for centering the transit. And I contacted the neighbors and told them and they were still under the impression that the monuments were the posts and there was a ribbon around the fencepost on the corner. They always thought that was the corner of the property, and I broke the news to them and told them that I would have to file for a variance and see what could be done. 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 58 THE CHAIRMAN: I don't have any further questions at this point, unless James does or anybody else on the Board. Do you have any questions concerning this? MR. DINIZIO: Well, other than how did 40 feet get on the other side? I am having a hard time understanding. MR. SCHNEIDER: All right. a monument at each front corner, property line in question there There is and on the is a monument in the thought that that of the property. rear which everyone involved was, in fact, the corner The fourth corner is in an overgrown area that still cleared out, necessary to hasn't been and I never considered it find that corner. If I had three, I could plot the house. I wanted to favor this side. I had the front line, the side line. I went back off the street and came off to that line to place the house. MR. DINIZIO: How much distance do you have between now your garage and < <- £ 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 the house? MR. WILLIAMS: measure it. ... 45 feet. road frontage and on 59 I would have to I would say it is at least 40 Each piece was divided equally they are each 133 feet. Thank you. Thank you. MR. DINIZIO: THE CHAIRMAN: see whatever develops. Is there anybody else We will that would like to speak in favor of this application? MS. CRUZ: Dillaye Cruz. I am the neighbor that he is speaking of, and it is the house that is in estate form. It is my father's estate. My sister and I are the owners of it now. We have no objection to George's house being that close, and we are in favor of him getting a variance. THE CHAIRMAN: Is there anybody else that would like to speak against the application? Any further questions from any Board members? George, what is the overhang on that side of the house? ! 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. SCHNEIDER: soffit. THE CHAIRMAN: 6O There is a one-foot Basically, that encroachment, three inches does not is that correct? MR. SCHNEIDER: that measurement of two foot include that' overhang; don't know. THE CHAIRMAN: We will go down and remeasure it. Thank you. Is there anybody else that would to speak in favor of this application? make a motion closing the hearing and reserving decision until later. Second. All in favor? Aye. Thank you very much MR. DINIZIO: THE CHAIRMAN: MR. GRIGONIS: MR. DOYEN: Aye. MR. SAWICKI: Aye. MR. DINIZIO: Aye. THE CHAIRMAN: for coming in. The next appeal in behalf of Robert Gredick. notice reads as follows: is Appeal like I Number 3932 The legal 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 MR. DOYEN: Aye. MR. GRIGONIS: Aye. MR. SAWICKI: Aye. MR. DINIZIO: Aye. (Time noted: 9:27 p.m.) 9O I, GAlL ROSCHEN, do hereby certify that I am an Official Court Reporter and that the foregoing constitutes a true and accurate transcript according to my official stenographic notes. Official Court Reporter APPEALS BOARD MEMBERS Gerard P. Ooehtinger, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOI'F L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax ($16) 765-1823 Telephone (516) 765-1800 April 27, 1990 Mr. George Schneider P.O. Box 1185 Cutchogue, NY 11935 Re: Appl. No. 3939 - GEORGE SCHNEIDER (Variance) Dear Mr. Schneider: This letter will acknowledge receipt of your application for a variance and confirm that the Board members are individually conducting field inspections and review as may be required by state and local laws during the next couple of weeks concerning your application. In the interim, we ask that the ou~ide corners of the proposed construction be flagged, if not already done so. The public hearing on this application is expected to be held on or about May 15, 1990 at the Southold Town Hall, Main Road, Southold, and a copy of the notice of hearings as published in the Long Island Traveler-Watchman and the Suffolk Times will be sent to you as confirmation (with the exact time) in the near future. We do sincerely thank you for your continued patience 'during this period of transition within our department. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN G?G/df APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grlgonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD May 15, TYPE II ACTION DECLARATION SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 {iouthold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 1990 Appeal No. 3939 Project/Applicants: County Tax Map No. Location of Project: George Schneider 1000- 104-1-29 800 Sterling Road, Cutchogue, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct one-family dwelling with insufficient sideyard setback This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been s~bmitted 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. mc 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 SCOFF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 May 9, 1990 TO WHOM IT MAY CONCERN: The Board of Appeals Regular Meeting will be held on TUESDAY, MAY 15, 1990 not as shown on the Legal Notice - Thursday, May 15, 1990. Very truly yours, Gerard P. Goehrigner, Chairman ZBA/df '~EGA~ NOTICES FOR May 1990 Meeting - Sent out on or ~George Schneider #3939 -.qe.°r~e Schneider, P.O. Box 1185 Peter Helinski for Harold Taubin #3940-1570 Pequash Ave., Cutchogue , vmro-~.~y ~leSS for Robert Gredick #3923 Vincent Annabel, 4300 Stillwater AVe., Cutchogue - #3929SE Ms. Pamela Valentine, 249 West 49th St., New York,NY 10001 for #3933 Richard H. S6haefer, Inc., 117 West Bayberry Rd., Islip, NY 11751 for Mone #393~ Joseph Berardino, 37 Joseph Shipman, 985 about ~/~/~° 1990 CutchOgue,NY 11935 Avery Rd., Woodbury,NY 11797 for JCM SAles & Leasin9 #3935 Elijahs Lane, Mattituck for #3931 Environment East, 3075 Indian Neck Lane, Peconic,NY 11958 for Stern #3934' Thomas T. McVann, Jr,Esq., P.O. Box 827, Westhampton Beach,NY 11978 for Lohn #3937 Charles Cuddy, Esq., 180 Old Country Rd., Riverhead,NY 11901 for Village /~~ ~o~- Marine #3936 k~homas McCarthy, Pudge Corp., P.O. Box 1145, Southold,NY 11971 for L~cas' #3802S/ Land Use Co., 2576 Sound Ave., Baiting Hollow,NY 11933 for Georq~~~' Henry Raynor, P.O. Drawer A., Jamesport,NY 11947 Paul Caminiti, Esq., P.O. Box 992, Southold, NY 11971 for Gre~'~.Sea .~ood #3943 James V. Righter, 58 Winter St., Boston, MA 02108 fop Raffe~ty #3911.. NHae~FOr Aliano (Pequash Commons) #3907 ~ nry Raynor, P. *0. Drawer A., Jamesport, NY. 11947 ~ ncy Sawastynowicz, 1100 Alvhs Lane, Cutchogue,NY 11935 Karen j. Hage, Esq., Wickham,Wickham, Gressler, 0.0. Box 1424, Mattituck 1 ~°~ah Doty, Esq., P.O. Box 1181, Cutchogue,NY 11935 ~ 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 TUESDAY, MAy 15, 1990, at the following times: 7:30 p.m. Appl. No. 3940--- HAROLD AND SARA TAU- BIN. Vntiance to the Zoning Ordinance, Article III A, Sec- tion 100-30A.4 (100-33) for per- mission to construct an acees- sory building in frontyasd area. Accessory buildings may be '~Propcrty Location 625 Terry Lane, Southold, County Tax Map No. 1000, Section 65, · Block 1, Lot 23. ' 7:35 p.m. AppI. No. 3937-- PATRICK LOHN. Variance to the Zoning Ordinance, Article XXI.II, Section 100-239.4 B, for permission to construct a deck. Proposed construction will be less than 75 ft. from the bulk- head. Property Location: 2480 Minnehana Boulevard, Sonthold, County Tax Map No+ 1000, Section 87, Block 3, Lot 57. 7:40 p.m. Appl. No. 3935-- JCM SALES AND LEASING. Variance to the Zoning Ordi- nance, Article XXIII, Section 239.4, for permission to con- struct an accessory deck, pro- posed construction will be less than 100 ft. from the top of the bluff. Property Location: 62825 North Road, G~'enport, Coun- ty 3hx Map No. 1000, Section 40 Block 01, Lot 11.1. 7:45 p.m. Appl. No. 3934--~ JOYLON STERN. Variance to thc Zoning Ordinance, Article XXIII, Section 100-239.4 A(1), for permission to construct ad- dition to one family dwelling. Proposed construction will be less than 100 ft. from the top of the bluff. Property Location: 63035 County Road 48, Green- port, County Tax Map 1000, Section 40, Block 01, Lot 13. 7:50 p.m. Appl. No. 3933-- PAMELA VALENTINE. Vari- ance to the Zoning Ordinance, Article XXIII, Section 100-231A, for permission to construct an 8 ft. fence in front yard area. Fence in the front yard area not to exceed 4 ft. in height. Property Location: 34655 Main Road, Orient, County Tax Map No. 10(X), Sec- tion 019, Block 01; Lot 5 & 6. 7:55 p.m. Appl. No. 3936-- LUCAS FORD. Special Excel~ Zoning Ordinance, Article III, Section 100-31 C.9 (E), for permission to install an off-premises sign. Property Location: 43600 County Road //48, Southold, County ~ Map No. 1000, Section 063, Block 01, Lot 1.6. 8:00 p.m. Appl. No. 3943-- GREO'S SEAFOOD DOCK & MARKETING, INC. Special Exception to the Zoning Ordi- nanca, Article III A, Section 100-30 A.2 C(I) (I00-31C), for permission to construct an off- premises sign. Off-premises signs are not a permitted use ir ~l~s district. Property Location: 69435 Route 48 & 55 Sound Road, Grecnport, County Tax Map No. 1000, Sec~on 35, Blockl LotS~ ' ~.'! ' '~.8.'05 p~m!'Appl. N~. ~945~ BIDWELL WINERIES. Vari- ance to the Zoning Ordiunnce~.9 Article III, Section 100-30, foF' permission to set' t~p a tem- porary tent for cultural events. Proposed tent doesn't address this condition in A-C Zone Dis- trict. Property Location: 18910 County Road #48, Cntchogue, County Tax Map No. 1000, Sec- tion 096, Block 04, Lot 4.3. 8:10 p.m. Appl. No. 3929-- VINCENT ANNABEL. Special Exception to the Zoning Ordi- nance, Article III, Section 100-31, for permission to ~ave an accessory apartment. Pr6per- ty Location: 4300 Stillwnter Ave- hue, Cutchogue, County Tax Map No. 1000, Section 137, Block 2, Lot 21. 8:15 p.m. Appl. No. 3932-- MATHIAS AND MAUREEN MONE. Variance to the Zoning Ordinance, Article XXII, Sec- tion 100-239.4 A, for permission to construct a swimming pool. Proposed construction will be within I00 ft. of Long Island Sound. Property Location: 2830 Orandview Drive, Orient, Coun- ty Tax Map No. 1000, Section lock02, Lot 3.5. p.m. AppL No. 39~ ROE SCHNEIDER. Vari,. ance to the Zoning Ordinance, Article III, Section 100-32, for permission to construct a one family dwelling, Bulk, Area and Parking Regulations and insuf- ficient sideyard setback. Proper- ty Location: 800 Sterling Road, Cutchngue, County Tax Map No. 1000, Section 104, Block 01 LOt 29. ' ~"~:00,p.m. Appl. No. 394½""~ OREO S SEAFOOD DOCK & MARKETING, INC. Special Exception to the Zoning Ordi- nance, Article III A, Section 100-30 A.2 C(I) (100-31C), for ' permission to construct an off,,- premises. ~ign..: Dff-premi~' signs are not a perused use in this district. Proper~[~ation: 69435 Route 48 &~'5 Sound Road, G~euport, County Tax Map No. 1000, Section 35, Block 1, LOt 8. 8:05 p.m. Appl. No. 3945-- BIDWELL WINERIES, Vari- anee to the Zoning Ordinance, Article !I1, Section 100-30, for permission to set up a tem- porasy tent for cultural events. Proposed tent doesn't address this condit fon in A-C Zone Dis- trict. Property Location: 18910 County Road #48, Cutchngue, County ~ Map No. 1{300, Sec- tion 096, Block 04, Lot 4.3. ' 8:10 p.m. Appl. No. 3929-- VINCENT ANNABEL. Special E~ception to the Zoning Ordi, nance,~'Article 111, Section 100-3!, for permission to have ,' an a___~c~soO' apg.,'tment. Proper- hUe, Cutchngue, County Tax Map No. 1000, Section 137; Block 2, Lot 21. 8:15 p.m. AppL No. 3932-- MATHIAS AND MAUREEN MONE. Variance to the Zoning Ordinance, Article XXII, Sec- tion 100-239.4 A, for permission to construct a swimming pool. Proposed construction will be within I00 ft. of Long Island Sound. Property Location: 2830 Graadview Drive, Orient, Coun- ty Tax Map No. 1000, Section 014, Block 02, Lot 3.5. 8:20 p.m. Appl. No. 3939-- GEORGE SCHNEIDER. Vari- ance to the Zoning Ordinance, Article I11, Section 100-32, for permission to construct a one family dwelling, Bulk, Area and Parking Regulations and insuf- ficient sideyard setback. Proper- ty Location: 800 Sterling Road,_.~ Cutehogue, County Tax Mal~' No. 1000, Section 104 Block 01 ,% Lot 29. ~ ' 8:25 p.m.:Appl. No. 3932--. ROBERT GREDICK. Variance to the Zoning Ordinance, Arti~ cie ILIA, Section 100-30A.3, Ar- ticle ILIA, Section 100-30A.4 (100-33), for permission to con- strvct addition to dwelling 'and ~0 accessory garage in front yard~ area. Proposed construction will have insufficient front yard set- back and accessory buildings may be located in the required rear yard. Property Location: 7825 Nassau Point Road & Clearwater Lane, Cutchngue, County Tax Map No. 1000, See- tion 118, Block 04, Lot 06. 8:30 p.m. AppL No. 3931-- 3OSEPH SHIPMAN. Variance to the Zoning Ordinance, Arti- cle X, Section 100-102, for permission to institute a second business, Bulk, Area and Park. ' lng Requirements. Property con- tains less than required busine~ ,_ Main Road, Laurel, County 'Pax Map No. 1000, Section 125; Block 01, LOt 19.7. 8:35 p.m. Appl. No. 3942-- DAVID & MARY ANN CREATO. Variance to the Zon- ing Ordinance, Article III, Sec- tion 100-31 (A) 1, for permission to have a second dwelling, only (1) family dwelling permkted on each lot. Property Location: 3539 (ROW} Cox Neck Road, Mattituck, County Tax Map N~ 1000, Section 106, Block 08, LOt 5I. · ~ = 8:40 p.m. A~pl. No= 3941~- CONSTANTINE . GEORGIPOULOS, Variance to the Zoning Ordinance, Article IliA, Section 100-30A.3, for permission to construct a family dwells. Proposed co/Fs' struction will have insufficient front yard setback. Property~ Location: ,1~00 Lake Drive, Sonthold, County Tax Map No. 1000, Section 59, Block 1, Lot 21 6 & 21.7. ~7- 8:45 p.m. Appl. No. 3911-~- WALTER RAFFERTY. Variance to the Zoning O~-,,0 dinance, Article XXIV~, Sectioli' 241A, (Article XXVII, Section ! 100-281 (3), ns disapproved, for permission to construct addi- tions and alterations to garage with apartment. Garage living quarters has been dormant long enough to lose its non- conforming status and the use thereof. Property Location: East End Road, Fishers Island, County 'Pax Map No. 1000, Sec-i tion 03, Block 07, Lot 05. ~. ~t 8:50 p.m. AppL No. 39~8~ VILLAGE MARINE. Variance- to the Zoning Ordinance, Art~= ~ cie XII, Section 100-112, Article XII, Section 100-111(c)l, Article' XXlII, Section 239.4, for per'- ~ mission to enlarge preeXJsti~b, marina building and install rack (outside). Property Loca~ '1 tion: 175 Bay Avenue, Matti~ ] tuck, County ~ax .Map N~. ~ 1000, Section 122, BlOCk 03, LO~ The Boani of Appeals will at se/d time and plaee hcar any and ' siring to be heard in each of tbe above matters. Written com- ments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not sta~ before time allotc ted. Additional time for presentation will be available,:if needed. For more information, please call 76~-1809. Dated~ Ma~' ~ 1990 ~ ~BOARD OF APPEALS ?~ii=~.~ ~i'~' CHAIRMAI~ ~'ICE OF HEARINGS -- NOTICE IS HEREBY' OIVEN, lmmz~r~ to Se.~m 267 of ~ T~ Sou~old. ~e ~o~o~g w~ ~ held ~ ~e SO'HOLD HARO~ A~ S~A TAUB~. 7:3~ p.m. AppT. No. 3937 ~ · e b~ead. Pr~y Location: 2480 Minnehaha Boulevard. Sout~old. County Tax Map No. 7:40 p.m. Appl. No. 3935 ~ ~s~ 1~ f~e bluff. P~pe~y L~ation: 62825 N~ R~ ~ ~nty T~ 7:45 p.m. Appl. ~o. 3934 ~ JOYLON ~. V~ to ~e S~ion 1~-239.4 A(I). for ~r- family dwelling. Proposed con- f~ ~e ~ of ~e ~. ~y ~n~: 63~5 C~n~ R~d 48. ~cen~n, County'Tax Map No. 7:50 p.m. Appl. No. 3933 ~ PAME~ VALE~. Vacant ~ the ~n~g ~dlnance, A~icle ~ Se~ 1~-~1 A. f~r- height. Pro~y ~a~on: 34655 7:55 p.m. AppL No. 3936 ~ LUCAS FO~. S~ ~c~on ~ ~ati~: 43~0 Cowry R~d ~48. Sou~old, County T~ 8:00 p.m. Appl. No. 3943 -- GREG'S SEAFOOD DOCK & MARKEII~G. I~C. Special Exc~- ~ m ~-~o A.2 ~on: ~435 R~te 48 & 55 S~d R~d, G~, C~ty Tax ~p 8:05 p.m. Appl ~o. 3945 ~ up a tempor~ ~ent for cultural d~ss ~is ~ndlti~ in A-C ~e 8:10 p.m. A~I. No. 3929 ~ ~pti~ to ~e Tax Map No. 1~, Secti~ 8:15 p.m. Appl. No. 3932 -- MATHIAS AND MAUREEN MONE. Variance to the Zoning ~O p.,. Appl. No. 39~ ~ GEORGE SCHNEID~. Va~an~ Section 1~-32, for ~ission t~ ~'mc~ , one family dw, B~ A~ md Pang Reg~ ~nd insufficient sideyn~ set ~m~e~y Locntion: 800 gte 8:25 p.m. Appl. No. 3932 ROBERT GREDICK. VaHanc S~ti~ 1~-30A.4 (100-33 dweH~g and ac~sso~ Property ~ation: 7825 N Point Road & Clea~ater ~ne 8:30 p.m. Appl. No. 3g~l J~EPH S~. Vaunt 1~.7. 8:35 p.m. Appl. No. 3942 ~Ay~o & ~A~y ~ c~o dwelling, only (1) family dwelli~ ' k, Co~ T~ M ~'511~, S~ti. 1~, B,~ ~T~E OEORoIPOU. ~ce, Amcle ~A, ~cti~ ~e f~y ~g ~ ya~ setback. ~fly ~tion: T~ Map No. 1000. Secti~ BI~ 1,~ 21.6& 21.7. . .m. AppL No. 3911 XXIV. Section .241A. (A~icle ~tmct ad~i~s ~d .,Itches to V~[50 p.m. AppL No. 3938 ~GE M~E. V~ee tion I~-III(C)I, Ankle ~d ~ ~ ~ (~i~- any ~eation. 175 B--- ~ ~ ~ ~y 8, 1~ ' BY O~ER OF THE ~O~ ~ - ~ ~ ' CH~ 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 May 15, S.E..O,.R.A. TYPE II ACTION DECLARATION SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 · Southold, New York 11971 . Fax (516) 765-1823 ~elephone (516) 765-1800 990 Appeal No. 3939 Project/Applicants: County Tax Map No. Location of Project: George Schneider 1000- 104-1-29 800 Sterling Road, Cutchogue, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct one-family dwelling with setback insufficient sideyard This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should 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. mc /UDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS TO: FROM: RE: DATE: OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD SOUTHOLD TOWN ZONING BOARD OF Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 FAX (516) 765-1823 TELEPHONE (516) 765-1801 APPEA~ JUDITH T. TERRY, SOUTHOLD TOWN CLERK ZONING APPEAL NO. 3939. GEORGE T. SCHNEIDER APRIL 13. 1990 Transmitted is application for variance submitted by GEORGE T. SCHNEIDER together with notification to adjacent property owners; Notice of Disappproval from the Building Inspector; Zoning Board of Appeals Questionnaire form; short environmental assessment form; Deed; and survey of property. Judith T. Terry Southold Town Clerk A p p'6q~,lix 0 Slate Environmental Quality Review SHORT EN.VIRONMENTAL ASSESS~IE~,IT FOR~ For UNLISTED ACTIONS Only P~T I--PROJEcT INFOR~.IATIQ. {TO be com.leted b~ AD~lic=nt or Project s.onsor) APPelaNT ISPONsOR ~ 2. PROJECT NAME . PROJECT L~TZON: ~ ~ ~/~ ~. P~J~T ~ME . ~ ~ ~ 10. CCES ACTICN h'lVOLVE A PERMIr APPROVAL. On FUNOh'~G, NOV'/ ~R~ ULTI&IArEL¥ FR. OM ANY OTHER GOVERNMENTAL AOEN*~-'3' (FE,~ERAI., I I, EQES Atdy ASP TC'"~-~'T~'ETHEACTiON HAVE A CURRENTLy VALID PERMIT O~1 APPROVAL? [~Ye:l ~ * 7e~ i-" - 12. AS A HESULT OF PROPO..%E0 A(.;rloti ',',/ILL EXIST NG PERMiT/APPROVAL R IO01FICAf~ON? I CEflTIFy THAT THE I~IFORMATiON PROVmO~O AOOVE IS TRUE TO THE BEST OF MY KNOWLEDGE ~he oction is; r ..... , . , ~ J "" -- . . n (he ~oa~tal Area. and 7Gu are a slate a c ~ ~ ~oa~al /[ssessmen/ Form before proceedinq ilh t~on y, complete OVER 1 (Con:~nued on ~e~e~se b~ore ~y actlo~ i~ ~akeno ~v~ew ~l b~ ~r~ ~ubm~s~o additional stUdie~, r~ea~c~ or oth~r action. It is not expected that 1. WAll Project result in a larce Physical chan~e 2. Will there be a major change to any unicue o= Unusual land form on the sate? - 3. Will project alter or have a large elf ct om 4. Will project have a POtentially Will PrOject Significantly effect drainage flow _~Yes ~ 8. Will project have a major effect on V~uual char--' Yes . Will PrOject have a major effect on existing or Will PrO,eot rcgularlF cause objectionable odor=, Will Pro)eot have any ~mpact co public hea~th Will Pro]oct affect the cxi=tlng communitF by ~= there public controversy conccrn£ng the pro]~ct? ~ QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED ~ITH YOUR APPLICATION FO~45 TO THE BOARD 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 sLmrvey (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 conn~in wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference.) Yes ~.~ b)Are there any areas open to a waterway without bulkhead? Yes 3. Are there existing structures at or below ground level, such as patios, foundations, etc? Ses~ No 4. Are there any existing or proposed fences, c~ncrete barriers, decks, etc? Yes ~ If project is proposed for an accessory building or structure, iM total height at more than 18 feet above average ground level? State total: ' ' ft. Se If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total: ........ ft. 7. 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 ~ 10. 11. Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning Board Town Board Town Trustees County Health Department Village of Greenport N.Y.S.D.E.C. Other 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? Yes Yes Yes Yes Yes Yes Yes No 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 application to the Town Trustees for an inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? Yes No 13. Please list present use or operations conducted upon the subject property at this time and proposed ~;v ~ ~, ~ 6-/~c ~ Please submit photographs for the record. I certify that the above statements are true and are being submitted for relian.~-~6y the Board of Appeals in considering my application. ~rf~r~ '(PrOperty Owner) (Auq~horized Agent) 1/88 WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 by L.L. No. 6-1985]: A. TIDAL WETLANDS: (I) All lands generally covered or intermittently env- ered with. or which border on, tidal waters, or lands lying beneath tidal waters, which at mean Iow tide · are covered by tidal waters to a maximum depth of five (5) feet. including but not limited to bank.~ bogs. salt marsh, swamps, meadows, flats or other Iow lying lands subject to tidal action: (2) All banks, bogs. meadows, fiats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following: salt hay, black grass, saltworLs, sea lavender, tall cordgrass, high bush, cattails, groundsel, marshmallow and low march cordgrass; and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection Al2) and lying within seven- ty-five (75) feet lamlward of the most landward edge of such a tidal wetland. FRESIIWATER WETLANDS: (1) "Freshwaterwetlands" as defined in Article 2,1, Ti- tle 1, § 2,1-0107, Subdivisions l(a) L~ l(d) inclusive. of the Environmentol Conservation Law of the State of New York: and (2) All land immediately adjacent to a "freshwater wet- laml,' as defined in Subsection B(1} and lying with- in seventy.five (75) feet landward of the most l~nd- ward edge of a "fi'eshwa~.er wetland." 9705 · ~ ~ONSULT YOUR LAWYER BEFORE SIGN. lNG THiS INSTRUMENT--'n'a '~' 10923PCl18 3241 BETWF~-N JOHN W. DAVIS, as sole Legetee Testament of Dillaye Riendeau Davis, who died a resident of Suffolk County, New York on 11/29/82. Said John W. Davis residing at No# Sterling Road, Cutchogue, N.Y. nineteen hundred and EIGHTY-NINE in the Last Will and party of the first part, and George T. Road, Cutchogue, N.Y, Schneider, residing at No # Sterling party o£ the second part, in consideration of Ten Dollars and other valuable consideration ~q'l~F_,~'rH, that the party, of t,he~'~s_t ~)afft~,. --ant and release unto the party oi the second part, the h~irs · b the rt of the secona part, u~,?.~..~-~,~ s_~,'-_'~., ~ ...... paid y pa Y~ --cio-as of th 1)arty ot the seconu p~-, ....... , ~ that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and bring: See Shedule A Attached hereto and made a part hereof. TAX MAP DESIGNATION DI~. 1000 S,¢. /104 BILf 01 Lot(,): 29 324! REAL ESi'ATE SUFFOLK COUN[Y n and to an · streets and / , ri ht title and interest, if any of the party o[ the first part i .~ TOGETHER with all 'g ' . ....... : ....~--~[. TOGETHER with the appurtenances roads abutting the abov descrlbea premises to tile cemer uuc~ u,;--~ , and all the estate and e'ghts of the vart~ oi the first pan in and to ~id premiss; TO HAVE AND TO HOLD the premises h~ein granted ~nt~the pa~y of ~e s~ond ~rt, ~e heirs or successors and assigns oi the pa~y o[ the second part forever. AND the party o{ the first ~ covenants t~t the ~rty oi the first pa~ ~ not done or suffered an~hlng whereby the said primes nave ~een enc~m~--~. ~l~n ~l ~ ~he Lien ~w coven~ts t~t the ~rty of AND the ~rty of the. P ' · .P ......... ~ ...;' hold the n~ht to receive su~ consia- ill r~mve the conmdem~on tot tins ~nvey~cc ~,,~ --,,, . o ..... the first part w ............ t --,,:n- the cost of the ~mprov~ent ~a wm apply · ndtobea heanrstxorme~v'F~J· s e~t~on as a trust fu PP .... ' ~-- ~-* ..... ;-~ ~n~ ~rt of the to~ ~ the s~e for any other ~ur~se. purees whenever the sense of this indenture ~ reqmres. The ~rd ' ~ay" shall be construed as if it read" ' " IN ~N~ wH~OF, the ~y of the first ~ ~ duly ~uted ~is deed,the dty and y~r first ~ve ~'ohn W. ~avi~, by ~F~ ~.~ attorney in fact ~alos unit 109 6120 ~ TI~ i~ISI~ CCi4P~ G661124S sCH~DUIE A ~ pRI~IS~S IN WtHCH Tf~ I~SlI~D ~ TI~ BsTATE OR II~f~i~ST CO~RI~ ~ TH~S pOLICY ~ 9-5-89 AI~ that certain plot, piece or parcel of lan~, with the builclir~s ~ i~prove~entS arrl bei~J in the Tom of Southo~, Suffolk - - - .... ar~ de$ignat~l ~s ~r~,fi ,.,,c ~he Clerk of the ~u!-~ '~i~-.. follca~ · on ~e n~ ~t, a ~t~.o= ~v~.yl_- l~e of ~rton 1. ~r~ 23 d~ees 50 m~~es W~t, a d~t~ of ~2 ~t~ 2. ~r~ 69 ~re~ 48 m~ 50 s~o~S ~t, a dist~ of ~e ~ of ~e s~ ~rt~ ~t, a d~t~ of 182 ~t to ~e ~t or pl~e of ~N~. Fo2cot~v]~_~i~_ I~(ar~ to a~_ etz. ,, th cente]: line thezeOi. County Recording Officer' ~r Authorized Agent forward the SBEA COPY of th'e EA-5217 at' the end of each - month to: Division of Equalization & Assessment Property Valuation Bureau Sheridan Hollow plaza 16 Sheridan Avenue Albany, NY 12210-2714 Attention: Sales Unit' ' 1092 119 STATE OF NEW YORK ) ) SS.: COUNTY OF SUFFOLK ) On the Sv" day of September, 1989, before me came DILLAYE D. KRUSE. to me known to be the attorney-in-fact of JOHN W. DAVIS, the individual described in and who as his said Attorney-in-Fact executed the foregoing instrument end duly acknowledged before me that da executed the same as the act and deed of JOHN W. DAVIS, herein described and is the person therein mentioned b~ virtue of a Power of Attorney duly executed by the said JOHN W. DAVIS on the 13th day Of February, 1989. ~,o ,~ ~ ~,~ ~,~ ~ ~ r~-~,, ~ ~ ~ ~, VJHH COVENANT AGAINST GRANTOB'S ACTS T,TL~ NO. G661124S Commonwealth Davis TO Schneider SECT,ON 104 BLOCK 01 LOT 29 COUNTY OR TOWN Suffolk/Southold TAX BILLING ADDRESS Recorded At Request of Tlcor T~le Guarantee Company RETURN BY MAlL TO: TICOR TITLE GUARANTEE George T. Schneider P. O. Box 1185 Cutchogue, New York Zip No. 11935 COUNTY OF SUFFOLK I.ral, a, ~OUTI R-80 R-80 R-80 LITTLE PE, Residential Low Density B Residential Low DenSity C Residential Low Densi~ D Homier Demify Residential Agricultural Conservation Residential Low Density AA Residential Low Density A Resort/Residential STATE O'F ~NEW YORK R E' A L -P R COUNTY SUFFOLK C R 0 S S R E F E R E N C E L TOWN- OF sOUTHOLD PARCEL SWIS ~7)889 Y CK PARCEL ID R - - - 1988 - - - LAND ..... T~T~ 106 .- 1 ;23/ 104 .-1 -24 ~'" 104,;1;25 ..... 10~.-2-~ I 104. -2-6 10'~.-2-7.2 104.-2-?./, 10~.-2-11 10~.-2-1~ C MW BOYD SHELLEY ~00 C NP KRIJSE WILFRED G & WF 1,400 C P8 LARSON BELLE ?00 CPU MCGARRY EDWARD J 1,100 C QN DAVIS JOHN W 1,100 ~ ~R SCHNEIDER GE'~'RGF...~;a C LJ WATTS CHARLES C JR 800 C KQ WHEATON PETER & ANO C LJ MACDONALD JAYNE 600 MC KILDUFF THERESA A C MV MIDWINTER MARY A 500 C NO ~N~E~N---~E~rER-~'-&-BF 500 C OH KALMAN JOSEPH W & WF 500 C' PW ROMEO~M~AEL D 1,600 - C QS ROMEO MECHAEL D 1,000 C RO ROMEO MICHAEL D 1.000 C SK ROMEO MICHAEL D 1,200 C TG FERRIS WILLIAM-'[Ii-~--'~ ..... C UC ROMEO MICHAEL D 100 C PT SCOGGIN LINDS~'Y-'~'~E~ .... 500 C QM IZZO PETER ~ SHELIA M SO0 C~P~I.E~L~-Y--~-O-SEPH-M-& C LI PISCIOTTA MARIO A & WF 'C--~.q~MPEWOL-F'-MABELLE ..... C MU DEBRUIN WILLIAM E 700 COG SANDERSON THOMAS M & A 6,90C 6,30{ ?or 6,50{ 90~ 3.80[ 3,50f 3,90f 1,00 1,00~ 1,20 10 10,50 ~,~0 7,20 5,80 600 4,60 --?00 5,60 C PS GIOSCIA ROBERT & MARIE 600 5,50 C QL SWEENY ~O'~IN ~0~) C RE SANT[NI BASIL A & BEVE 1.300 5,60 CLH LANGENFASS--R~CHARD & N 600 C MA KAYTON JOHN & WF 800 5,70 c~'r--L-ONGO-FRANI(~ FANNIE 900 6,TO C NM MELLY JOSEPH J JR ~ WF 900 5,30 C LG REDDEN DOROTHY S 1,000 6,20 c~L~DA~S-FRANK ~ WF .......... qO0 C MS SILBERGLEEDT ALEX E B 900 4,80 104.-2-17 104. -2-19 104 .- 2- 21 1 Od .-2-23 104.-3-1 ' 104'::~-2~ 104.-3-5.1 104.-~-6 -1042-3-7 C NL 8URGER EUGENE ~ WF 900 C PA ROMEO MICHAEL D JR ?00 70 C PW ~ME~ICHAEL D JR ............. ~00 -~C C OX VASILIOU ANNA 1,300 5,6C C PQ-~ALL~--ROZ~ELE M ................ ~-~'~00 .... 104.-3-8 C QJ FRIEMANN LILLIAN 1,700 104.-3-9 ...................... ~ R¢~ONC-~-RROW RICHARD j & ...... 1;000-- I04.-3-10 C LF SAVONA JOHN L & WF 1,000 1~n4.-~";11 ..................... C Fy JErSeY RICHARD & WF ..... ~.T00- 104.-3-12 C MR HILLENBRAND ALEX & SUS 1,100 10~.-3-13 .......................... '~--'NK-[-ECR'E~ RENE ~ WF ~0~ 6,1C '-7~, 0 C 6,4C - 5,-TC 6,0C Southold Town Board of Appeals -4- June 7, 1973 that the entire property has been used for business except for a small portion which has been used for ~ residence. The Board, further, finds that, in effect, this division of property will not change the activities of the Body Shop presently occupying the westerly portion of the property, The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all ~roperties alike in the ~~ vicinity of this property and zn the same use dzstrzct; and the varzance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by ~r. Gillispie, seconded by ~r. Bergen, it was RESOLVED, George A. and Helen H. NcCarthy, be GRANTED permission to divide property with less than required area and frontage on premises located on the west side of Bay Avenue, ~ · attztuck, New York, as applied for. Vote of the Board~ Ayes:- ~essrs: Gillispie, Bergen, Hulse, Grigonis. PUBLIC HEARING: 'Appeal No. 1782 - 7:40 P.N. (E.S.T.), upon application of Dillaye R. Davis, Sterling Road, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and the Bulk Schedule, for permission to divide lots With less than required area and frontage. Location of property: north side Sterling Road, Cutchogue, Sterling Roads west by Boyd. Fee pazd ~ NcGarry~ south by bounded north by Kruzer & Riebe~ eas? b l~]O0. The Chairman opened the hearinE by reading the application for a va~iange, legal notice.of hearing, ~ffidavits.attesting to its publzcatzon in the officzal newspapers, and notzce to the applicants. TPLE CHAIRMAN: The application is accompanied by a survey showing the two lots owned by the applicant; one was acquired in 1949 and the other was acquired in 1963. Each parcel has an area of 0.556 acres. The easterly lot has a residence on it. THE CHAIR~N: Is there anyone present who wishes to speak for this application? MR. WILLARD LAWRENCE: I live diagonally across the street. All the properties with the exception of Boyd,s are as small or Seutheld Town Beard of Appeals -5- June 7, 1973 smaller than that piece. I think the size is cemmensurate with the size of properties surrounding it . It will net differ,frem the neighberho~ed, and will he ~ very cemfertable piece of land. WILLIAM WICKHAM, ESQ.: I submitted with the applicatien a very large survey of the area. I think that it speaks for itself, shewing the lots within the bleck, and also shewing in detail the distances be~veen Mrs. Davis,s residence and all the other residences. It certainly fits in with the pattern of the whele area, as Mr. Lawrence has indicated. THE CHAIRMAN, Is there ~nyone present who wishes to speak against this applicatien? (There was no respense.) After investigation and inspection the Board finds that applicant requests permission to divide lots with less th~n required area and frontage on premise~ located on the nerth side of Sterling Read, Cutchogue. The findings of the Board are that after divisien of property the lots weuld be as large or larger than surrounding propertie.s. The Beard agrees with the reasoning of the applicant. ' The Board finds that strict application of the Ordinanance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all preperties alike in the immediate vicinity of this preperty and in the same use district~ and the variance~ will not change the character of the neighberhood, and will ebserve the spirit of the Ordinance. On metien by Mr. Grigonis, secended by Mr. Hulse, it was RESOLVED; Dillaye R. Davis, Sterling Road, Cutchogue, New York, be GRANTED permission to divide lots with less than required area and frontage on premises located on the nerth side of Sterling Road, Cutchogue, as applied for. Vete of the Board, Ayes,- Messrs~ Gillispie, Bergen, Hulse, Grigonis. PUBLIC HEARING, Appeal No. 1783 - 7:50 P.M. (E.S.T.), upon applicatien of Andrew J. and Sephie F. Cybulski, Depet Lane, Cutchogue,' New Yerk, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and Bulk Schedule, and Section 280A of the Town Law, for permission to divide BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of to the Board of Appeals of the Town of Southold NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Tha~it-L~t~e intention of the undersigned to petition the Board of Appeals of the Town of Southold to request~Special Exception) (Special Permit) (Other) [circle choice] ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: ~o :~l~e./,O '~ ,f o ,~ 3. That the property which is the subject of such Petition is located in the following zoning district: 4 That h5 such Pelition, the undersigned will request the following relief: $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article ~ Sectic:~ /~,~ - .~ '2- [ ] 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-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: Petitioner Owners ' Names: Post Office Address Tel. No. [Copy of sketch purposes,] or plan showing proposal to be att aChej f or, ,z:omveni ence NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P 861 031 4~95 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR iNTERNATIONAL MAIL (See Reverse) Sent to Street and NO PO, State and IP Code Pos,age Ce"fied Fee STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.; ~/"~'~tr,~'~/' 7~. ~:~¢,¢,,",,',E-/~.~,--.~ , residing at -% 7'~-,~/--~'~ ~ ~ ~' ~'c ~--~ ~'~'" /-./~/. , being duly sworn, deposes and says that on the of ~..~ 4- ,19 ~m , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post' Of- (certified) (registered) mail. Sworn to before me this // ~/ day of F~ Pf~ ,~- , 19 9'o Notary Public ; that said Notices were mailed to each of said persons by (This side does not have to be completed on form transmitted to adjoining property owners.) BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of to the Board of Appeals of the Town of Southold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That i~ intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a ~arlanc~ (Special Exception) (Special Permit) (Other) [circle choice] ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: _ ~C~To~ /~ ~c~ o/ z-~7- 2-? 3. That the property which is the subject of such Petition is located in the following zoning district: 4 That h~, such Pelition, the undersigned will request the following relief: S. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article ~ Section /~ ~ - ~ ~-~ [ ] 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 wilt be filed in the Southold Town Clerk's Office at Main Road Southold. New York and you may then and there examine the same during regular office hours. (516) 7~5-1809. 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: Petitioner Owners'Names: Post Office Address Tel. N0. '(~'~ ) ~-TZ~ [Copy of sketch or plan purposes.] showing proposal to be a t t a c~(~..~j~,~o.,koe n ! ence NAM~ PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P 861 031 496 R£C£~PT FOR C£RTU=U=D MA~L NO ~NSURANCE COVERAGE PROWDED NOT FOR INTERNATIONAL MAIL PO tare d Zt Code ostage ~ Cert'tied Fee ~/"- Speciat DeGvery Fee Restricted DeGvery Fee Return Receipt showing to whom and Date DeGvered Return Re o w~om, Date. a ery %6 STATE OF NEW YORK ) COUNTY OF SUFFOLK) ~-,P~'~'~'*~ ~. ~4~,6/,4/~:'/~:~'-,,~' . residing at ~~ ~ ~ ~c~ ~ , being 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 thor respective name; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assmsment roll of the Town of Southold; that said Notices were mailed at the United States Post Of. rice at ~ ~c~ ff~ ; that said Notices were mailed to each of said persons by ~) (registered) mail. Sworn to before me this // ~-^ day of F~p~,L , 19 ?0 Notary Public (This side does not have to be completed on form transmitted to adjoining property owners.) BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of to the Board of Appeals of the Town of Southold TO: YOU ARE HEREBY GIVEN NOTICE: NOTICE TO ADJACENT PROPERTY OWNER 1. That~ intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (~ariancg(Special Exception) (5peeial Permit) (Other) [circle choice] ). 2. That the property which is the subject of the Petition is located adiacent to your property and is des- cribed as follows: That the property which is the subiect of such Petition is located in the following zoning district: 4 That h~. such Petition, the undersigned will request the following relief: $. Thai the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article ~ Section ~ ~ o - 5 ~- [ ] 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. (5].6) ?~5-1809. 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: ~p,~/~- //., /q ~' O Petitioner 0whets' Names: Post Office Address [Copy of sketch purposes.] or plan showing proposal to be at t ac be~= fo~:' n~enve'n~i e n c e NAM~ PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P 861 031' 497 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) ~ O~tate~d ~MCode Codified Fee S~cial Delivery Fee Restricted d~ to whom, hd' ~2~e~d~ Postmark or Dele STATE OF NEW YORK ) COUNTY OF SUFFOLK) ~'~--~,~'~' ~ ~c.4,zwC~'-z'D'~'~'~ ,residlngat ~Z./,,~C C~7-¢,~t~,~'u'&~-" ,'~/'/ , being duly sworn, deposes and says that on the /~,~"~day of .~R~ 4. ,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 addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- rice at ~'~., ';-c,~',~ ~-',.,~'- ,,bf/~/ ; that said Notices were mailed to each of said persons by (ce._rtifiedJ (registered) mail. Sworn to before me this // day of ~?/~/z_ ,19 90 Notary Public (This side does not have to be completed on form transmitted to adjoining property owners.)