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Home My WebLink About4025 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James DinizAo, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTI' L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ACTION OF THE BOARD Application of the ESTATE OF JENNIS HARRIS. Variance to the Zoning Ordinance, Article XXIV, Sections 100-142, 100-141, 100-241A, for permission to enlarge existing nonconforming dwelling in this Light Industrial (LI) Zone District with a proposed addition having insufficient side and front yard setbacks. Location of Property: 21755 County Road 48, Cutchogue, NY; County Tax Map District 1000, Section 96, Block 01, Lot 018.1. WHEREAS, a public hearing was held on June 7, 1991, and all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, 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. By this application, appellant is proposing an addition along the westerly side of an existing dwelling structure which will reduce the setback from the westerly side property line by approximately 22 feet, leaving a setback at not less than 20 feet. The setback from the southerly front property line will be maintained at or more distant than the established nonconforming front yard setback of 22 feet, as more particularly shown on the sketch submitted with the subject application. 2. The premises in question is referred to as Lot 91 of this Minor Subdivision map, which has received area variances for its nonconforming size in this zone district by the Board of Appeals under prior Appeal No. 3840 rendered June 29, 1989. 3. The subject parcel is unique in size, character and location, and has a total lot area of 24,502 sq. ft. with frontage of 100.00 along the County Highway. To the north and west are premises owned by the Town of Southold (landfill) and to the east is an existing single dwelling also located in this industrially zoned area. Page 2 - Appl. No. 4025 Matter of ESTATE OF JENNIS HARRIS Decision Rendered June 7, 1991 4. Article XXIV, Section 100-241A of the Zoning Code provides that enlargement of a nonconforming building with a conforming use may not be increased as to the degree of nonconformance. 5. Article XXIV, Section 100-141 does not list dwelling use as a permitted use in this zone, and therefore the dwelling, under the new Master Plan amendments adopted January 10, 1989, is a legal nonconforming use. Section 100-142, Bulk Schedule of the Zoning Code requires more stringent setbacks in this zone for a principal building, and the setbacks for the existing principal dwelling are nonconforming as to front yard and side yards. 6. It is the position of this Board that in considering this application that: (a) there is no alternative available for appellants to pursue except by variance; (b) the relief, as requested, is not substantial in relation to the existing structure and those generally existing in the neighborhood; (c) the difficulties imposed are uniquely related to the property and are not personal in nature; (d) the grant of the variance will not adversely effect the essential character of the neighborhood, or be adverse to the safety, health, welfare, comfort, convenience or order of the town and neighboring properties; (e) in view of all the above, the interests of justice will be served by granting the relief, as requested and further noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT a variance for the construction of a 22' x 23' deep addition to the existing dwelling with a setback at not less than 20 feet from the westerly side property line, as applied under Appl. No. 4025, provided the addition be an incidental use to the principal residence. Vote of the Board: Doyen, and Villa. was duly adopted. lk Ayes: Messrs. Goehringer, Grigonis, (Member Dinizio was absent.) This resolution GERARD P. GOEHRINGER, CHAI~L~uN / THE SOU~HOLD TOW~4 CLE}~K .Tow. n C~lerk, Town of Southold APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (5 ! 6) 765- ! 809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF HEARINGS SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, Main Road, Southold, NY 11971, on FRIDAY, JUNE 7, 1991, commencing at the times specified below: 7:30 p.m. Appl. No. 4028 - RICHARD OLIVERI. Request for variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate new principal dwelling structure with insufficient rear and side yard setbacks. Zone District: R-80. Location of Property: Westerly Side of Crescent Avenue, Fishers Island, NY; County Tax Map District 1000, Section 6, Block 6, Lot 20.5. 7:35 p.m. Appl. No. 4026 - JAMES AND PATRICIA BOYLE. Request for variance to the Zoning Ordinance, Article XXIV, Section 100-242A for permission to enlarge existing nonconforming accessory building, located partly in the side yard and front yard areas on this corner lot. Zone District: Agricultural Conservation (A-C). Location of Property: 10205 North Bayview Road and the Easterly Side of a Private Road, Southold, NY; County Tax Map No. 1000-79-5-20.5. Page 2 - Legal Not~ Hearing for June 7, 91 Southold Town Board of Appeals 1:40 p.m. Appl. No. 4025 - ESTATE OF JENNIS HARRIS by Robert ylor. Request for a variance to the Zoning Ordinance, Article/ / V, Section 100-142, 100-141, 100-241A, for permission to large existing nonconforming dwelling in this Light Industrial I) Zone District with a proposed addition having insufficient _ side and front yard setbacks. Location of Property. 21755 County Road 48, Cutchogue, NY; County Tax Map No. 1000- 7:45 p.m. Appl. No. 4027 - HALSEY A. STAPLES. Request for variance to the Zoning Ordinance, Article XXVIII, Section 100-281A(7) for permission to construct new principal dwelling structure upon premises which is nonconforming and has not been held in single and separate ownership as exists since April 9, 1957. Lot is nonconforming, having a total lot area of 33,668 sq. ft. and 25 ft. frontage (width) along Middleton Road in the Hamlet of Greenport, 1000-41-2-12.1. 7:50 p.m. Appl. variance to the Town of Southold, NY; County Tax Map No. No. 4024 - RONALD STRITZLER, M.D. Request for Zoning Ordinance, Article III, Section 100-33 for permission to locate accessory tennis court structure in an area other than the required rear yard. Zone District: R-80. Location of Property: 3055 Soundview Avenue, Mattituck, NY; County Tax Map No. 1000-94-1-14. ~age 3 Legal Not Hearing for June 7, 1991 Southold Town Board of Appeals 7:55 p.m. Appl. No. 4029 - CHARLES AND ANGELA KYRIAKOUDES. Request for variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to locate portion of inground pool with fence enclosure and portion of decking which will be located within 75 feet from the existing bulkhead, and with a distance shown at 75 feet from the rip-rap which is between the bulkhead and the mean highwater mark of Southold Bay. Or, an Interpretation as to which structural point the 75 ft. setback requirement shall be from (particularly where more than one structure exists.) Zone District: R-40. Location of Property: 1425 Kimberly Lane, $outhold, NY; County Tax Map No. 1000-70-13-20.9. 8:00 p.m. Appl. Nos. 4011V and 4010SE - Requests by JOSEPH AND LINDA FISCHETTI concerning property known as 235 Oaklawn Avenue, Southold, NY; County Tax Map No. 1000-61-3-3 for: (1) a Special Exception to the Zoning Ordinance as authorized by by the Board of Appeals under Article VII, Section 100-71, and, (2) if necessary, a variance to establish professional and business office use on this 11,656 sq. ft. nonconforming parcel. Zone District: Residential-Office (RO). The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matter. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not Page 4 - Legal Noti~ Hearing for June 7, 1991 Southold Town Board of Appeals start before the times designated above. please call 765-1809. For more information, Dated: May 10, 1991. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski TO: Times-Review L.I. Traveler-Watchman Delivered 5/14/91 For Publication Town Clerk Bulletin Board (lobby) ZBA Board Members and Files FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOI~N CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE ~)F DISAPPROVAL Date . Itt, RCa 20, . 19 .9.1. To ROBERT TAYLOR @ NATHAN ltARRIS P.O. BOX 462 (JENNIE IL~IS EST.) NORTR ROAD, CUTCROGUE PLEASE TAKE NOTICE that your application dated 3/13 .......................... 1991 for permit to CONSTRUCT AN ADDITION TO EXISTING ONE FAItIL¥ OI, IBLLING Location of Property .2. !755 COUNTY RD. #48, CUTCHOGUE Hous$ k;d ....................... k2ie3t' ............................ County Tax Map No. I000 Section 96 Block 01 . - 1.8. ] Hamlet Subdivision ................. Filed Map No ......... L · · · ..... ot No ................ is returned herewith and disapproved on the following grounds .[INIIgR ARZI, C. Lg ,KI.V..S.E.C.~I,O.~. 1.0.0.-~ 14 I A ONE FANILY DI~LLING IS NOT A PERMITTED USE AND UNDER ARTICLE XXIV SECTION .......... '. · i ~-.,..~-~.~e/...L. i .'~... ~.o~. Y~.~ui~o By ~B .Z.O.~.L~9 .BOAR~ OF ~eRALS ' · ' ., ' ..... ,, -~ ,,-., ~OlqdS J. FISHER ! RV 1/80 ~'~ TOWN OF $OUTHOLD, NI~Clt~JJ~/' -- p~ APPEAL FROM DECISION OF BUILDING INSPECTOR~R~ ~I APPEL NO. ~ ..... TO THE ZONING BOA~ OF APPEALS, TO~N OF S~THOLD, N. Y. Name of Appellont ~ Street and Num~ ~u~,g~.~ ~ ....... .~.:..~L..: ...... .,~ ~ ~o ........................... '~'~J~ .................................... State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APP',CAT,ON FOR PERM,T NO.~..i.~..~_~..O.~?...~ATED a WHEREBY THE BUILDING INSPECTOR DENIED TO ..... ~D...~......~ ................................................ ~j--c~ i br~s~co~ ............. Name of ApplicatOr permit ..................................... ~.~...E ..................... G~.m.....~....~:..V Street and Number ~ Municipali~ State ( ) PERMIT TO USE ( ) PERMIT FOR ~CUPANCY , 1. L~CATION OF THE PROPERTY ..... .~..%.La.~..,.~.~..~.'.~..~..~.~.~.p - , Street 7Ham~ / _Us% District ag Zogigg ~aR ~,-J g~st~ict 1000 Sect~on~ ~lockOI Lo~ /~.~ .... ................................................................................. ~u~renc ~ne~ ~ [ JC~l g l,' .... 2. PROVISION (S) OF THE ZONING ORDINANCE APP~LED (indicate the A~icle Secti~, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordi.nonce.) Article~'IV Section lDO-iS[ ~' ART<~ I00 3. TYPE OF APPEAL Appeal is made herewith for (please check 8ppeop~te box) ~ A VARIANCE to the Zoning Ordi~nce or Zoning Mop ( ) A VARIANCE due to lack o~ access (State of New York Town Low Chop. 6~ Cons. Laws Art. 16 Sec, 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appe (c~.~.~V(has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( )/request for a special permit (~') request for a variance and was made in Appeal No ....... ,~,..~,...;-... .......... Doted ......................~ ~,,.jr. ......... ..,........ ................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance ( ) is . LA./ t I A requested for the reason that ~,-~2_ iD ("~ a ~i(,, ~ ' ' ',~_..(/"" ''-' ~m ZB1 (Continue on other side) REASON FOR APPEAL.. ~ ~ ~ '~ :f fl Continued 1. STRICT APPLICATIO~F~'I~'Ii~DINANCE would produce practical difficulties or unneces- sary HARDSHIP because ' ~.__~ D ~ -- ~_X~r ~J~,' .~,-~ ~ ~ [~ ~ .~ ~ ~:~eTb~,d~ u~f ~--,, ~ ~ ~ur~ of this property and in this use district because vicinity The hardship created is UNIQUE and is not shared by all properties alike in the immediate CHARACTER OF THE DISTRICT because ~-~'k.~ The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE STATE OF NEW YORK ) ) ss COUNTY OF ) Sworn to this ..... /. ...................................... day of....~.e. Notary Public Not UNDA J. COOPER an/Public, State of New York ~..N~o~4822563, Suffolk Co( nty ....... -,-~ i%--,, ....~,. 3; OWNER FORMER OWNER TOWN OF SOU'i'HOLD~OpERCY RECO~;~XR~--' STREET VILLAGE DIST.i ~. LOT I TYPE OF BUILDING RES.J. O LAND SEAS. IMP. AGE VI- ~FARM TOTAL J DATE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Tilloble I TillobIe 2 Tilloble 3 Woodland Value Per Value Acre Swampland Brushland House Plot Tota~ '' COMM· CB. MISC. Mkt. Value FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD DOCK M. Bldg. Extension Extension I._5'-.V Z G Extension Porch Porch Breezeway Garage Foundation ~./~ . Bath /' Dinette Ext. Wolls ~) .{wo Interior Finish LR. Fire Place · Heat ~: . DR. Type Roof q~. Rooms 1st Floor BR. , §creation Roan 0 Rooms 2nd Floe FIN. B. Dormer Driveway COLOR APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L,I., N.Y, 11971 TELEPHONE (516) 765-1809 FAX NO. (516) 765-1823 ACTION OF THE BOARD OF APPEALS Upon application for JENNIE HARRIS for Variances to the Zoning Ordinance, Article XIV, Section 100-142 (Article III, Section 100-31 as Disapproved) for approval of insufficient lot area and width of two proposed parcels, each with an existing dwelling. Zone District: Light Industrial (LI). Property location: North Side of C.R. 48, Cutchogue, NY; County Tax Map District 1000, Section 96, Block 1, Lot 18.1 (18). WHEREAS, a public was held and concluded on June 29, 1989 in the Matter of the Application Of the ESTATE OF JENNIE HARRIS under Appeal No. 3840; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and .are familiar with the premises in question, its present zoning and the surrounding areas; and WHEREAS, the Board made the following Findings of Fact: 1. The subject premises is a described parcel containing a total area of 49,453 sq. ft. with 200 ft. frontage along the north side of County Road 48 in the Hamlet of Cutchoque, Town of Southold, is identified on the Suffolk County Tax Maps as District 1000, Section 96, Block 1, Lot 18.1, and is improved with two dwellings. 2. By this application, appellant requests Variances under Article XIV, Section 100-142, Bulk Schedule of the Zoning Code for approval of two lots, as proposed: (a) Lot #1 consisting of 24,502 sq. ft.; and (b) Lot #2 consisting of 24,951 sq. ft., each with an existing single-family dwelling with setbacks as shown on the October 25, 1988 subdivision map made by Roderick VanTuyl, P.C. Page 2 - Appeal No. 3840 Matter of ESTATE OF JENNIE HARRIS Decision Rendered June 29, 1989 3. Article XIV, Section 100-142 and Bulk Schedule, of the Zoning Code for this requires a minimum lot area of 40,000 sq. ft. for each newly established parcel in this Light Industry (LI) Zone District. 4. In considering this application, the Board finds and determines: (a) that the circumstances of this application are uniquely related to the premises; (b) that the relief requested is not unreasonable in light of the circumstances; (c) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (d) that although the relief requested is substantial in relation to the requirements, the grant of the variance will not create any increase in density since the lots are improved with residences; (e) that there is no other method feasible for appellants to pursue other than a variance; (f) interests of applied. that in considering all of the above, the justice will be served by granting the variance, as ACCORDINGLY, on motion by Mr. Dinizio, seconded by Mr. Sawicki, it was RESOLVED, to GRANT the relief as requested under Appeal No. 3840 in the Matter of the Application - ESTATE OF JENNIE HARRIS, as applied. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Sawicki and Dinizio. This resolution was duly adopted. ik GERARD P. GOEHRINGER, ~(~HAIRMAN III ",)"~'-~?~ SOI:TII()I,D CODE § I(~)-141 AI{TI('LE XIVx~ Light Industrial (LI) District [Added 1-10-89 I)y L.L. No. 1-19891 ,10. Purpose. mrpose of the Light Industrial (LI) District is to provide an nity for business and industrial uses on smaller lots than ')e appropriate for the LiO Light Industrial Park/Planned ark District. 11. Use regulations. LI District, no building or premises shall be used and no or part of a building shall be erected or altered which is t, intended or designed to be used, in whole or in part, for any except the follow/ng: 'ermitted uses. !L) Any permitted uses set forth in and as regulated by § 100-31A(2) and (3) of the Agricultural-Conservation District. Any permitted uses set forth in and as regulated by § 100-131A(2) to (5) of the Light Industrial Park/Planned Office Park District. scs permitted by special exception of the Board of Appeals. he following uses are permitted as a special exception by the yard of Appeals as hereinafter provided and subject to site ;tn approval by the Planning Board: Any special exception use set forth in and as regulated by § 100-13lB(I) to (11) of the Light Industrial Park/ Planned Office Park District. Bed-and-breakfast uses as set forth in and ,q.s regulated by § 100-31B(15). provided that no site plan approval is required. lOOq! § l(X)-141 ZONING § 10g)-150 C. Accessory uses. (2l (3) Accessory uses on the same lot with anti customarily incidental to any permitted or special exception use and not invoMng a separate business. Wall signs as set forth and as regulated by § 100- 81C(2Xb) of the Limited Business District, limited to a maximum of thirty (30) square feet in area. Freestanding or ground signs as set forth in and as regulated by § 100-101C(3) of the General Business District. (4) Accessory uses as set forth in and as regulated by § 100- 131C(3) and (7) through (10) of the Light Industrial Park/ Planned Office Park District. § 100-142. Bulk, area and parking regulations. No building or premises shall be used and no building or part thereof shall be erected or altered in the LI Light Industrial District unless the same conforms to the Bulk Sebedule and Parking and Loading Schedules incorporated inte this chapter by reference, with the same force and effect as if such regulations were set forth herein in full? ARTICLE XVa° Density, Minimum Lot Size and Bulk Schedules [Added 1-10-89 by L.L. No. 1-1989] § 100-150. Repeal of existing schedule; incorporation of new schedules. The existing Bulk and Parking Schedule inc0rperated into this chapter by reference is hereby repealed, and the Density, Minimum 29 Editor's Note: The Bulk Schedule is included al the end of this chapter, and the Parking ami [~ading Schedules are in ~ 100-191 and 100-192. 30 Editor's Note: Former Art. XV. Amendment& was renumbered ~_~ Art, XXIX 1-10-89 b.~ LI,. No, 1-1989. ,~'~P~ANN1NG BOARD MEMBERS "'\ Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 10, 1991 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765d823 Daniel c. Ross Wickham, Wickham & Bressler, Main Road P.O. Box 1424 Mattituck, New York 11952 PoCo Dear Mr. Ross: RE: Minor Subdivision of Jennie Harris Estate N/W side of C.R. 48, Cutchogue ~CTM91000-96-1-18 The following took place at a meeting of the Southold Town Planning Board on Monday, December 9, 1991. The final public hearing, which was held at 7:30 P.M., was closed. The following resolution was adopted: WHEREAS, Jennie Harris Estate is the owner of the property known and designated as SCTM~1000-96-1-18, located at the northwest side of C.R. 48 in Cutchogue; and WHEREAS, this minor subdivision, to be known as Jennie Harris Estate, is for 2 lots on 48,453 square feet; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, declared itself Lead Agency and issued a Negative Declaration on March 27, 1990; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on December 9, 1991; and Page 2 Jennie Harris Estate WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; and be it therefore, RESOLVED, that the Southold Town Planning Board approve and authorize the Chairman to endorse the final survey dated October 23, 1991. Enclosed please find a copy of the map which was endorsed by the Chairman. The mylar maps, which were also endorsed by the Chairman, must be picked up at this office and filed in the office of the County Clerk. Any plat not so filed or recorded within sixty (60) days of the date of final approval, shall become null and void. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. ~J '0~i~ Chairman Encl. cc: Building Department Assessors Office Zoning Board of Appeals/ DEPARTMENT OF HEALTH SERVICES June 13,1991 COUNTY Of SUFFOLKI PATRICK G. HALPIN DAVID HARRIS, Id.D.. M.P.H. Mr. Robert Taylor, Executor Jennie Harris Estate P. O. Box 462 Cutchogue, New York 11935 Dear Mr. Taylor: Subject: Board of Review Hearing - May 16, 1991 Proposed Subdivision of Harris Estate #89-059, (T) Southold; SCTM 1000-96-1-18. At the hearing on May 16, 1991, you had an oppommity to present your appeal of the department's ruling on the subject application. 0 Based on the following information and in accordance with the provisions of Article 2, Section 760-220, of the Suffolk County Sanitary Code, the determination of the Board of Review is as follows: Statement of Problem Parcels served by individual wells and sewage systems in Groundwater Management Zone IV must have a minimum lot area of 40,000 square feet or equivalent yield in accordance with Article 6, Section 760-606, paragraphs l.e and 3.a, of thc Suffolk County Sanita_,y Code. The applicant is proposing lot sizes less than 40,000 square feet. 1. Proposed development of a 49,453 square foot parcel into two lots of 24,502 square feet and 24,951 square feet, both with existing dwellings. 2. Site is in Groundwater Management Zone IV. 3. Homes were constructed between 1957 and 1962. Town certificate of occupancy issued. Subdivision is requested to settle an estate. Mr. Robert Taylor, Executor , Page 2 Subject: Board of Review Hearing - May 16, 1991 Proposed Subdivision of Harris Estate #89-059, (T) Southold; SCTM 1000-96-1-18. Findings and Facts (cont'd) 4. Public water is not available. Nearest public water main is approximately 3 miles from site. Test well data for a 99-foot well with a static water level of 48 feet indicate nitrates levels at 7.3 rog/1 and chlorides at 113 mg/l. 5. Average lot size is 24,727 square feet. 6. Proposal is 62% of department standards. 7. Property is adjacent to the Southold Town landfill. Wells are located as far from the landfill as possible. Determination The Board granted the request for a variance. /Mticle 6 is intended to protect grotmdwater quality by establishing limits on density. Approval of the requested variance should not have any substantial adverse effect on water quality. $ The granting of this waiver does not imply that your application will be automatically approvd. It is your responsibility to ensure that your application is complete; otherwise, your approval will be subject to unnecessary delay. Very truly yours, Dennis Moran, P.E. Chairman, Board of Review DM/lst CC Mr. Walter G. Lindley Ms. Susan D. Windesheim Mr. Frank Dowling, Sr. Planner Ms. Karen J. Hagen, Esq. ~ Wickham, Wickham & Bressler, P,C. P. O. Box 1424, Mattituck, NY 11952 Town of Southold Planning Board DEPARTMENT OF' PLANNING COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY IEXlECUTIVE 360-5206 ARTHUR H, KUNZ DIRECTOR OF PLANNING June 19, 1991 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) / /Estate of Jennie Harris and Robert Taylor Boyle, James and Patricia Kyriakoudes, Charles and Angela Estate of Charles Morgan 4025 4026 4029 4031 Very truly yours, Arthur H. Kunz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio. Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (5t6) 765-1823 Telephone (516) 765-1800 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: X Variance from the Zoning Code, ArticleXlV , Section 100-142, 100-141, 100-241A __ Variance from Determination of Southold Town Building Inspector. __ Special Exception, Article , Section Special Permit Appeal No.: 4025 Applicant: ESTATE OF JENNIE HARRIS by ROBERT TAYLOR Location of Affected Land: ?17[~ County Road 48, Cutchogue, NY County Tax Map Item No.: ~00G~96-1-18.1 Within 500 feet of: Town or Village Boundary Line X Body of Water (Bay, Sound or Estuary) State or County Road, Parkway,'Highway, Boundary of Existing or Proposed County, Boundary of Existing or Proposed County, Other Recreation Area Thruway State or Federally Owned Land State or Federal Park 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, or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to enlarge existing non~o~.{~m- lng dwellinq with proposed addition having insufficient side and front yard setbacks. Copies of Town file and related documents enclosed for your review. Dated: June ~.12,1991 / . . APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 June 11, 1991 Mr. Peter R. Stoutenburgh Environment East, Inc. RR #3 3075 Indian Neck Lane Peconic, NY 11958 Re: Appl. No. 4025 - Estate of Jennis Harris (Robert Taylor, as Executor) Dear Pete: Transmitted for your records is a copy of the determination rendered by the Board of Appeals concerning the above application. Please be sure to return to the Building Department and any other agency for permits or other approvals which are appropriate for this project. A copy of this decision has simultaneously herewith been transmitted to the Building Inspector for their files and update. Very truly yours, Linda Kowalski Enclosure Copy of Decision to: Building Department Suffolk County Department of Planning APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ACTION OF THE BOARD Application of the ESTATE OF JENNIS HARRIS. Variance to the Zoning Ordinance, Article XXIV, Sections 100-142, 100-141, 100-241A, for permission to enlarge existing nonconforming dwelling in this Light Industrial (LI) Zone District with a proposed addition having insufficient side and front yard setbacks. Location of Property: 21755 County Road 48, Cutchogue, NY; County Tax Map District 1000, Section 96, Block 01, Lot 018.1. WHEREAS, a public hearing was held on June 7, 1991, and all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, 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. By this application, appellant is proposing an addition along the westerly side of an existing dwelling structure which will reduce the setback from the westerly side property line by approximately 22 feet, leaving a setback at not less than 20 feet. The setback from the southerly front property line will be maintained at or more distant than the established nonconforming front yard setback of 22 feet, as more particularly shown on the sketch submitted with the subject application. 2. The premises in question is referred to as Lot #1 of this Minor Subdivision map, which has received area variances for its nonconforming size in this zone district by the Board of Appeals under prior Appeal No. 3840 rendered June 29, 1989. 3. The subject parcel is unique in size, character and l~cation, and has a total lot area of 24,502 sq. ft. with frontage of 100.00 along the County Highway. To the north and west are premises owned by the Town of Southold (landfill) and to the east is an existing single dwelling also located in this industrially zoned area. Page 2 - Appl. No. 4025 Matter of ESTATE OF JENNIS HARRIS Decision Rendered June 7, 1991 4. Article XXIV, Section 100-241A of the Zoning Code provides that enlargement of a nonconforming building with a conforming us~ may not be increased as to the degree of nonconformance. 5. Article XXIV, Section 100-141 does not list dwelling use as a permitted use in this zone, and therefore the dwelling, under the new Master Plan amendments adopted January 10, 1989, is a legal nonconforming use. Section 100-142, Bulk Schedule of the Zoning Code requires more stringent setbacks in this zone for a principal building, and the setbacks for the existing principal dwelling are nonconforming as to front yard and side yards. 6. It is the position of this Board that in considering this application that: (a) there is no alternative available for appellants to pursue except by variance; (b) the relief, as requested, is not substantial in relation to the existing structure and those generally existing in the neighborhood; (c) the difficulties imposed are uniquely related to the property and are not personal in nature; (d) the grant of the variance will not adversely effect the essential character of the neighborhood, or be adverse to the safety, health, welfare, comfort, convenience or order of the town and neighboring properties; (e) in view of all the above, the interests of justice will be served by granting the relief, as requested and further noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT a variance for the construction of a 22' x 23' deep addition to the existing dwelling with a setback at not less than 20 feet from the westerly side property line, as applied under Appl. No. 4025, provided the addition be an incidental use to the principal residence. Vote of Doyen, and Villa. was duly adopted. lk the Board: Ayes: Messrs. Goehringer, Grigonis, (Member Dinizio was absent.) This resolution Page 2 Appl. No. 4025~ Matter of ESTATE OF JENN~ HARRIS Decision Rendered June 7, 1991 4. Article XXIV, Section 100-241A of the Zoning Code provides that enlargement of a nonconforming building with a conforming use may not be increased as to the degree of nonconformance. 5. Article XXIV, Section 100-141 does not list dwelling use as a permitted use in this zone, and therefore the dwelling, under the new Master Plan amendments adopted January 10, 1989, is a legal nonconforming use. Section 100-142, Bulk Schedule of the Zoning Code requires more stringent setbacks in this zone for a principal building, and the setbacks for the existing principal dwelling are nonconforming as to front yard and side yards. 6. It is the position of this Board that in considering this application that: (a) there is no alternative available for appellants to pursue except by variance; (b) the relief, as requested, is no~ substantial in relation to the existing structure and those generally existing in the neighborhood; (c) the difficulties imposed are uniquely related to the property and are not personal in nature; (d) the grant of the variance will not adversely effect the essential character of the neighborhood, or be adverse to the safety, health, welfare, co~fort, convenience or order of the town and neighboring properties; (e) in view of all the above, the interests of justice will be served by granting the relief, as requested and further noted below. } CEIVED AND FILED BY T/-IE $O~U~T.HOLD TOWN DATE ~/~ ~ ~.,,. APPEALS BOARD MEMBERS Gerard P. Goelu'inger, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizjo, 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 May 1, 1991 Mr. Peter R. Stoutenburgh Environment East, Inc. RR 3 3075 Indian Neck Lane Peconic, NY 11958 Re: Appl. No. 4025 - Variance for Addition Dear Pete: This letter will confirm that the above application has been transmitted to the Board for review and that the public hearing on this application is expected to be held on Friday, June 7, 1991 during the evening. If your project is one in which new construction is proposed: (1) please flag the outside corners, which will be viewed by individual board members prior to the advertisement of this matter in the Long Island Traveler-Watchman and Times Review newspapers, and (2) provide photographs of this flagged area to include the existing construction, if any, for the file. A copy of the Legal Notice as published by our office will be forwarded to you as confirmation of the exacu date and time of your hearing in the near future. Please feel free to call our office at any time if you have any questions concerning the processing of your application. Very truly yours, Linda Kowalski lk Page 3 - Appl. No. 4026 James and Patricia Boyle Hearing Transcript of June 7, 1991 CHAIRMAN continued: There being no further questions I make a motion closing the hearing, reserving decision until later. ALL IN FAVOR - AYE. CHAIRMAN: Just so you're aware of what we have done we just recessed the hearing, I'm sorry we closed the hearing and we will discuss it when you give us that information. Tonight we are making decisions from the last meeting and then we will have a special meeting and make yours. It will be approximately two weeks. Thank you very mu~h for coming in. O.K. BOB VIlLA: Jerry, actually if you look at the land he's got there laid out to scale it shows a height of 17'. CHAIRMAN: That's my whole point Bob. It is not really a one story garage. When I refer to a one story garage, I'm referring to it as 12' which is 8' walls and 4' to the ridge. As you know, the one we had down in Paradise Point was 23'. We restricted him to two stories to 18', I believe it was. BOB VILLA: Any time obstruction gets this big he has 28' and then if you got a pitch on it you got to go up otherwise you have almost a flat roof. CHAIRMAN: You are right. Appl. No. 4025 - ESTATE OF JENNIE HARRIS. The Hearing opened at 7:40 p.m. The Chairman mead thelegal notice for the record and the application before receiving testimony. CHAIRMAN: Indicating the original lot line division this Board dealt with last year and on lot A which is 24,502 sq. ft. we are indicating on here a pending 21'8" extension by 23' toward the westerly side of the property. I have a copy of the Suffolk County Tax map indicating this and surrounding properties in the area. Mr. Stoutenburg I assume you are going to discuss this with us. MR. STOUTENBURG: Chairman, members of the Board. I'm here basically to answer any questions that you might have as to the application or the structure. MR. and Mrs. Taylor are here also if you would like to ask any questions of them. You have this application and look at it I'm assuming that what you would see is that we are not really encm~ching beyond what the setback already are of the existing structure. (inaudible) Page 4 - Appl. No. 4025 Eastate of Jennie Harris Hearing Transcript of June 7, 1991 CHAIRMAN: We are not changing the nonconformity of the structure, we are merely making the non onforming structure or dwelling larger. It is still to be used as a residential structre in a light industry zone. It is a one story or will it be two story. MR. STOUTENBURG: It is a two story and will continue to be with the addition on , modified two story structure itself and whats added on to it will be two story. CHAIRMAN: I have no objection to it. Does anyone have any questions of Mr. Stoutenburg while he is up here? No. Anybody? I ' should point out for everybody that Mr. Dinizio will be late, he is stuck over in Amaganset and the ferries are a little tough tonight with the weekends coming but he did call us and said he would be here. I have no objection to it so we will see how the hearing develops. What's your timeliness on this? When do you want to get ~tarted? MR. STOUTENBURG: I think we actually are over in starting now so whatever you can do for us will help. CHAIRMAN: We want to thank you for putting the stakes in so we knew exactly where, It was very helpful. Thank you again. Is there anyone else who would like to speak in favor of this application. Anyone like to speak against the application. Questions from Board members. No. Hearing no further questions I will make a motion closing the hearing and reserving decision until later. ALL IN FAVOR - AYE. CHAIRMAN: Thank you very much for coming in. Appl. No. 4027 - HALSEY A. STAPLES The Hearing opened at 7:46 p.m. The Chairman read the legal notice for the record and the application before hearing testimony. CHAIRMAN: Copy of the survey amended on October 16, 1990 indicating a lot which we refer to as a flag lot 25' on Middleton Road Extension, and extending to the rear of Barden property and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. The map was produced by Roderick Van Tuyl P.C. Mr. Staples would you like to be heard? NOTICE IS HEREBY GIVEN; pursuant to Sec~on 26'/of th~ Toga Law ~d the~hc ~ rd Son,old, ~e fo~o~g pub~i h~r~ ~gs ~ ~ h~d by ~e ~O~ ~ BO~ OF ~p~A~ at~e Sou~old Town H~, Main Road, Southold, NY 11921, ou ~IDAY, JUNE 7, 1991, c~mencing at ~e ~es s~ed ~ow: 7.30 p.m. Appl. No. ~028 - RICHARD OL~E~. Req~st for vs~uce to ~e ~g O~mance, A~cle ~, S~ou 1~-3~ for ~r- mission ~o locate new pducipal tdcu R-80. Location of Property: Westerly Side of Cr~l Argue, ~sha~ h~, ~; ~ T~ Map ~ 1~, ~m 6, Bl~k 6, ~t ~0.5. ~:35 p.m. AppL No. 4026 - ~AMES ~D PA~A BOYLE. Requost for va~ m ~e O~, A~cle X~V, Secg~ e~s~g non~o~ nccesso~ ~ d~ ~ bu~dhg, lo~ ~y ~ ~e side - ~ ud ~ m~ ~wa~ y~ md f~ y~ ~s m ~ ~- ~M Bay. ~, m ncr lou Zone ~stdct: A~c~tur~ ~ ~ ~ Conse~atlon (A-C). Location of ~ ~ ~: 1~ N~ B~w ~~y ~ m~ and ~ Easterly Side of · Private ture ~ists.) Zone District: Road, Son.old, NY; County Tax ~ d ~: 14~ Map Nm 1000-79-5-20.5. ~'-'7:40 p.m. Appl. No. 4025 ESTATE OF IENNIS HARRIS by Rchen Taylor Reque~ for a variance to the Zouins Or~nanc~, A~icl~ XIV, Section 100-142, I(D-141, 100-241A_, for permission to enlarge existing noncordonning dwell~8 in ~ Lis~ indumial (L~) Zone Dimict with proposed add~im having inmffl~mt side and front y~rd sedmcks. of Prol~: 21755 County Road 48, Cutchogue, NY~ County Tax Map -- ?=45 p.m. AppL No. 4027 HALSEY A. STAPLES. P.~lUeSt T'~ variance to lite Zoning Ordinance, for pe~ni~sicn to ccum~c~ new prin. cipal dwelling stmcmm up<m ~is- es which is n0~couforming and has n~ been held in single and separate ownership as exists since April 1957. Le~ is no~ccnfon~ing, having a ~ lot irma of 33,668 sq. ft. and 2~ ft. frontage (width) along Middleton Road in the Hamlet of Greenport, Town of Seuthold, NY; ComUy T~x Map No. 1000-41-2-12. L 7:50 p.m. AppL No. 4024 - RONALD STRITZLER, M.D. O~din~uce, Article I~ Secti~m 100-33 for permission to locate accessory ~han the tequila rear yard. Zc~e Dis- trier: R-gO. Location of Property: NY~ Ceonty T~ Map No. 14. 7:55 p.m. Appl. No. 4029 - CHARLES AND~NGELA KYi~- AKOUDES. Reque~or variance to Secticn 100-2~9.4B for penuission to locate por~en of higround pool wit~ fence enclosure and po~ou of deck- hid which will be locate~t within feet fr~ the existing bulkhead, and Lane, Somhold, NY; County Tax Map N~ 1000-70-13-20.9. 8:00 p.m. AppL Nos. 401IV and 4010SE - ~ by JOSEPH AND LINDA FISCHETTI concerning property known as 235 Oaklawn Avenue, Southold, NY; Connty Tax Map No- 1000-61-3-3 for. (1) a Spe- cial Exception to the Zoning Ordi. ~nce as a. thmlzed by by the ~u~ d Ale. als m~d~ A~cl~ V~. Se~ien 100-71, and, (2) if necessa~, a vari- nnce to establish professional and fc nonc~fonning ~ Zee Dis- ~ Res~en~l-O~ce (RO). llme and place hear any and aU per- sons e~ mpmsen~tiws dashing to be heard in the above mattor. Written comments may also be submitted p~ior to the oe~chislou e~ the subject hearing. Each heating wiE nm start before the times designated above. For more information, please call 765-1809. Dali; May 10, 1991. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEAI-~ GERARD P. GOEHRINGER CHAIRMAN By L~da Kowalski 7062-1TM23_ ~- STATE OF MEW YORK) )SS: COUNTY OF SUFFOLK) o, Ma,,l, uc ,n said County, being duly sworn, says that ha/she is Principal Clerk of TIlE SUFFOLK TIMES, e Weekly Mewgpsper, published Bt Mattltuck, In the Tow. of Southold, County of Suffolk and Slate of flew York, and that the Ilotlce of wNoh the ennoxed is a printed copy, has b.en mguln~y published in said Ilewspaper once each week for / weeks s~qesslvely, comme~nclng on the r-~'~ day of Principal Clerk Sworn to before me thh c~ ~// dayof NOTICE OF HEARINGS NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of The Town Law and the Code of Ihe Town of Southold, the following public hearings will be held by the SOUTHOLD[ TOWN BOARD OF APPEALS at the Southold Town Hall, Main Road, Southold, NYI 11971, on FRIDAY, JUNE 7, 1991, commencing at the times specified below: '/:30 p.m. Appl. No. 4028- RICHARD OLIVERI. Request for variance to the Zoning Or- dinance, Article III, Section 100-32 for permission to locate new principal dwelling structure with insufficient rear and side yard setbacks. Zone District: R-80. Location of Property: Westerly side of Crescent Avenue, Fishers Island, NY; County 'Pax Map District 1000, Section 6, Block 6, Lot 20.5~z 7:35 p.m. Appl. No 4026- JAMES AND PATRICIA BOYLE. Request for variance to the Zoning Ordinance, Article XXIV, Section 100~242A for permission to enlarge existing ~xonconforming accessory building, located in the side yard and front yard areas on this cor- ner lot. Zone District: Agricultural Conservation (A- C). Location of Property: 10205 North Bayview Road and the Easterly side of a Private Road, Southo d, NY; County Tax Map No. 1000-79-5-20.5. j'" 7:40 p.m. Appl. No. /ESTATE OF JENNIS HARRIS }by Robert Taylor. Request for a variance to The Zoning Or- dinance, Article XIV, Section 100-142, 100-141, 100-241A, for permission to enlarge existing noncomforming dwelling in this I Light Industrial (LI) District with a proposed addi- tion having insufficient side and H'ront yard setbacks. Location of Property: 21755 County Road 48, Cutchogue, NY; County Tax ~,~M~P No. 1000-96.1-18.1. 7:45 p.m. Appl. No. 4027-, HALSEY A. STAPLES. quest for variance to the Zoning Ordinance, Article XXVIII, Sec- tion 100-281A(7) for permission to construct new principal dwell- ing str~cture upon premises which is nonconforming and has not been held in single and separate ownership as ~dstsl since April 9, 1957. Lot is non- conforming, having a total lot area of 33,668 sq. ft. and 25. ft. frontage (w dth) along Mid. dleton Road in the Hamlet of Greenport, Town of Southold, NY; County No. 1000-41-2-12.1. / I 7:50 p.m. AppL No. 4024- RONALD STRITZLER, M.D. Request for variance to the Zon- ing Ordinance, Article III, Sec- tion 100-33 for permission to locate accessory tennis court structure in an area other than the required rear yard. Zone District: R-80. Location of Pro- perty: 3055 Soundview Avenue, Mattituck, NY; County Tax Map No. 1000-94-1-14. 7:55 p.m. Appl. No. 4029- CHARLES AND ANGELA KYRIAKOUDES. Request for variance to the Zoning Or- dinance, Article XXlII, Section 100-239.4B for permission to locate portion of inground pool with fence enclosure and por- tion of decking which will be ocated w thin 75 feet from the existing bulkhead, and with a distance shown at 75 feet from . the rip-rap which is between the [ bulkhead and the meafi:I highwater mark of SoutholdI Bay. Or, an Interpretation as to ] which structural point the 75 ft. ] setback requirement shall be from (particularly where more than one structure exists.) Zone District: R-40. Location of Pro- perty: 1425 Kimberly Lane, Southold, NY; County Tax Map No. 1000-70-13-20.9. 8:00 p.m. Appl. Nos. 4011V and 4010SE- Requests by JOSEPH AND LINDA FISCHETTI concerning pro. perty known as 235 Oaklawn Avenue, Southold, NY: County. Fax Map No. 1000-61-3-3 for: (1) i i Special Exception to the Zon- I ng Ordinance as authorized by [ he Board of Appeals under Ar- [ ticle VII, Section 100-71, and, (2) f necessary, a var ance to establish professional and business office use on this 11,656/ sq. ft. nonconforming parcel7 Zone District: Residential-Office (RO). 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 com- ments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. For more in- formation, please call 765-1809. Dated: Ma~; 10, 1991. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN \~b By: Linda Kowalski IX-5/23/91{62) COUNTY OF SUFFOLK STATF. OF NEW YORK Patricia Wood,' being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been .published in said Long Island Traveler-Watchman once each week for ..................... ./. .... weeks successively, commencing on the ......... ~/~-:"~.. Sworn to before me Ihis '~'~ ..................... clay of Notary Public BARBARA A, SCHNEIDER NOTARY PUBLIC, State of New York No. 4806846 (~ualilied in Sullolk CotJnty/ Commission fxpires g/atpR. APPEALS BOARD MEIVIBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. If you or your representative should require more than 20 minutes to present your case, it is suggested that the extended presentation be submitted in writing at the hearing (if possible). Please feel free to call our office prior to the hearing date if you have any questions or wish to update yOur file. Yours very truly, Enclosure GERA=RD p. CHAIPdV~%N GOEHRINGER Copies of the Legal Notice for Hearings to be held 6/7/91 were sent to the following on 5/14/91: Times-Review Long Island Traveler-Watchman, Inc. ZBA Board Members with copies from files Individual hearing folders Original posted on Town Clerk Bulletin Board 5/13/91 Stephen L. Ham III, Esq. 45 Hampton Road Southampton, NY 11968 Steve Latham, Esq. ~ ~ Twomey, Latham, Shea & Kelley P.O. Box 398 33 West Second Street' Riverhead, NY 11901 Mr. and Mrs. James Boyle 10205 North Bayview Road Southold, NY 11971 //~nvironment East, Inc. ~ RR #3 - 3075 Indian Neck Lane ~econic, lq'/' 11958 Mr. Halsey A. Staples 29 Middleton Road Greenport, NY 11944 Ronald Stritzler, M.D. 51 Stirrup Lane ROSLYN Heights, NY 11577 Mr. Michael A. Michel, ASLA Michel & Associates 9 Village Square Glen Cove, NY 11542 Mr. and Mrs. Joseph Fischetti, Jr. 1725 Hobart Road Southold, NY 11971 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Robert A. Villa James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD May 23 , S.E.g.R.A. TYPE II ACTION DECLARATION 1991 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 Appeal No. 4025 Project/Applicants: Estate of Jennie Harris by County Tax Map No. 1000- 96-]-]8.] Location of Project: 2]755 CR 48, Cutch0gue, NY Robert Taylor Relief Requested/Jurisdiction Before This Board in this Project: Permission to enlarge nonconforming dwelling in the LI Zone with proposed addition having insufficient side and front yard setbacks 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 ~I 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 JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765 - 1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATE: RE: Zoning Board of Appeals Office of the Town Clerk April 17, 1991 Zoning Appeal Appl. No. 4025 - Robert Taylor (Jennie Harris Est.) Transmitted herewith is Zoning Appeal Appl. No. 4025 - Robert Taylor, Notice to Adjacent Property Owners, Notice of Disapproval from the Building Department, Short Environmental Assessment Form, Zoning Board of Appeals Questionnaire, letter from Robert Taylor authorizing Enrivonment East, Inc. to act as his agent in applying for permits, 4 pictures, Plan View maps foundation, 1st floor, 2nd floor & cross section and copy of property map. Judith T. Terry Town Clerk ,/PROJECT I.D, NUMBER 617.:21t Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR ~ .~__>4~C~ ~]3~' 2. PROJECT NAME 3. PROJECT LOCATION: - ~,..~t~.~... Jt-~-c~,('L~ . O cou., 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc,, or p~ov~de map) 5. IS PROPOSED ACTIO~IO~:: ~ New ~Ex~anslon ~ Modificatlonlalteratlon SEQR 6. DESCRIBE PROJECT "To LtV, AMOUNT OF LAN AFFECTED: Initially ~ JO ~' ? acres Ultimately __ ~'/ID. '~cm acres 8. WILL PROPOSED ACTION COMPLY W~TH EXISTING ZONING OR OTHER EX ST NG LAND USE RESTRICTIONS~ g. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ~ResJdential ~'lndustrial [] Commercial ~Agricugure [] Park/Forest/Open space ~Olher 10. DOES ACTION iNVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERA~ STATE OR LOCAL)? ~Yes NO I~ yes, list agency(s) and permit/approvals 11. DOEB ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ~ No R y~s, list 3gency name and permit/approval DYes ~No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE t If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 (Continued on reverse side) The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will be made by this board before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? Yes ~NO 2. Will there be a major change to any unique or unusual land form on the site? Yes ~No 3. Will project alter or have a large effect on an existing body of water? Yes ~No 4. Will project have a potentially large impact on groundwater quality? Yes ~'~o 5. Will project significantly effect drainage flow on adjacent sites? · Yes '~'~No 6. Will project affect any threatened or endangered ~'No plant or animal species? Yes 7. Will project result in a major adverse effect on air quality? Yes ~No 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? Yes No 9. Will project adversely impact any site or struct- u=e of historic, pre-historic, or paleontologiual importance or any site designated as a critical envire~mental area by a local agency? Yes XNo 10. Will project have a major effect on existing or future recreational opportunities? ____Yes'No 11. Will project result in major traffic problems or cause a major effect to existing transportation · systems? Yes ~No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? Yes ~No 13. Will project have any impact on public health or safety? Yes ~No 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year Yes ~No period or have a major negative effect on the ~ ' charact~-~ of the community or neighborhood? 15. Is there pu~ co~r~§y~ ~oncerning the Preparer's Signature:~%~_~ '~O~ QUESTIONNAIRE TO BE CO}IPLETED AND SUB~IYTTEO NITH YOUR APPLICAT]iON FOiUIS TO '['lie f30:\RD ~.~[.' APPEALS Please complete, sign and return t~ the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to:depict these areas on your survey (or certified sketch), to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours? Yes 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.) 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? 4. Are there any existing or proposed fences, concrete barriers, decks, etc? If project is proposed for an accessory building or structure, is 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. Se 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: w No Yes Yes Yes Yes ~ Yes ~ 10. 11. 12. Do state whether or not applications ar~.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) Q No Yes ~ Yes ~ Yes ~ Is new construction proposed in the area of contours at 5 feet or less as exists? Yesdi 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~ 13. Please list present use or operations conducted upon the subject property_at this~time -~ and ~r?~os~d ~q I~ ~±ease sunml5 pnotograp~ I rtTM .... ce l=y that the above statements are true and are being submitted for re~~f Appeals i~o.~'~ecring my application. 1/88 WETLANDS [/Imended H-'26-7~; hy L.L. No. '~ 8,5 I)y L.L. N,~. 6-198,5]: A. TIDAL WETLANDs: (1) All lands ~enernlly eover,,d or iutermittently ered with, or which bord,,r on, tidal wah~rs, or laod~ lyin~ beneath tidal water~, which at mean Iow t/de are covered b~ tidol waler~ to a ' maxmmm depth of five (fi) feet. including but not limited ~ banks,. bogs, salt marsh, swamps, meat ows fiats or Other low lying kmda subject tn tidal act/on: (2) All banks, bogs, meadows, flats and tidal marsh subject ~ such tides and Upon which grows or may grow some or any of the following: salt bay, black grass, saltwort, sea lavender, tall eord~rass, high bush, cattails, groundsel, marshmallow and Iow march eOrdgrass; stat/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A~2) and lying w/thin seven. fy-five (75} feet lamtward of the most landward edge of such a tidal wet/and. PRESItWATER WETLANDS: (I) "Freshwa~r wetlands" as defined in Art/cie 2,1, Ti- tle 1. ~ 24-0107, Subdivisions l(a) ~ l(d) inclusive, of the Environmen~l Conservation Law ot the Sta~ of New York: and (2) All land ' · . ~mmedmtoly ad.latent to a "freshwoter wet- land," as defined in Subsection Bi I) and lying' with- in -' seventy-hvo (7,5) feet landward of the most land. ward edge of a esn~vmer wetland." f - 970,5 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached. ) B. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? { } Yes ~} No. (If Yes, please attach copy of "conditions" of sale. C. Are there any proposals to change or alter land contours? { } Yes ~ No De 1. Are there any areas which contain wetland grasses? /~O 2. Are the wetland areas shown on the map submitted with this application? /~J0~ 3. Is the property bulkheaded between the wetlands area and the upland building area? ~_~__~__ 4. If your property contains w~tlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? ~Q)~ADh_ E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? fO.,,J~, (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which exist an~ are not shown on the survey map that you are submitting? ~10~ If none exist, please state "none." G. Do you have any construct~ion taking p~ace at this~ime concerning your premises? ~Q__. If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? ~S. If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel ,'~-~ ~ o/e ,x.~.~, . and proposed use ~.~& ,'d ~ ~ ~/~ ~¢~-%~ ~ horized Signatur~ and 3/87, 10/901k § 97-13 WETLANDS § 97-13 TOWN -- The Town of Southold. TRUSTEES -- The Board of Trustees of the Town of Southold. [Added 6-5-84 by L.L. No. 6-1984] WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 by L.L. No. 6-1985]: ~'~ "~ "" · '~ ~ ~IDAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with, or which border on, tidal waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet, including but not limited to banks, bogs, salt marsh, swamps, meadows, fiats or other low lying lands subject to tidal action; (2) All banks, bogs, meadows, fiats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following:, salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel, marshmallow and low march cordgrass; and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 24, Ti- tle 1, § 24-0107. Subdivisions l(a) to l(d) inclusive, of the Environmental Conservation Law of the State of New York; and (2) All land immediately adjacent to a "freshwater wet- land," as defined in Subsection B(1) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." 9705 2- 2~- ss Environment East, Inc, R. R. No, 3 - 3075 lodJan P¢costic, New Yo~k 1 51~7~7474 '.4¸ TOWN OF SOUTI1OLD ' ~ Suffolk County, New Y,,rk 516- ?6saa0~ N9 3 9 3 $ 0 ~dHh T. Terry, Town Clerk IL-- I I - '~' ~20AJt. O..ETE L__ I O;C" /fl tO" > -- 4:0" ,I ,I \I~-tOT" APR 7 17'0" L 2_5' 0" .9 '3' d BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of to the Board of Appeals of the Town of Southold TO: A~"T~UI'~..L..)U/x3 C--L~--_. It,lC. C, cr'Cc-t-to ; J k]y. NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Th.~IL!! !_' '_~.~ intention of the undersigned to,petiti:on 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 subiect of the Petition is located adjacent to your property and is des- cribed as follows: '~J--J~5' C OLglLg~',I~ R ~) , =d~ ~ ~ , 3. That thLPr__olerty which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: J[-C) C OR ~ V C-( · - .( 5. That the provisions of the Southold Town Zoni~ Code applicable to the relief sought bY the under- signed are Article X [ ] Section 280-A, New York Town Lalw C~o-~ Ld$1~c~va] of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road. Southold, New York and you ma)' then and there examine the same during regular office hours. (516) 76'5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right taappear and be heard at such hearing. Dated: q. [~,, C~ J. Petitioner C:~$ ~..~-ec.u-{-'~C -'~( '-~"A~. ~-"~. o~c Owners Names: ~ ~ ~r~ [Copy of sketch or plan showi~~J~l~J~J_4~J attached for convenience purposes.] NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS STATE OF NEW YORK ) COUNTY OFSUFFOLK) SS.: , residing at , being duly sworn, deposes and says that on the day of ,1 9 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons ar the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn ro~efore ~me this __ ~__ day,a~f C-~,rj.t..~ , 19 J~J - Notary Public (This side does not have to be completed on form transmitted to adjoining property owners.) i,o .... £-- LAr.,~E ~ T _ KK)TEL~: MADE FOF~ CLJT'CHOGL~E TOk, k,N OF' 5(;(JTHOL D, iN,y, AE EA~,9,:45~ S,E 3,,~ ,JFF, .,.,..,, TA~ I',4A~ DA'FA: iO90 - 096 - I-18