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Home My WebLink About4006 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS Appeal No. 4006: Application of ERIC AND MARY ANN ALEXANDER for a Variance to the Zoning Ordinance, Article XXIV, Section 100-244B, for permission to construct addition to dwelling with an insufficient side yard setback from the westerly property line. Premises is nonconforming as to lot area in this R-40 Zone District, and the existing dwelling structure is nonconforming as to the westerly side yard and southerly (rear) yard setbacks. Location of Property: South Side of Peconic Bay Boulevard, Laurel, NY; County Tax Map Designation: 1000-128-04-020. WHEREAS, a public hearing was held on February 22, 1991 and on March 22, 1991 in the Matter of the Application of ERIC AND MARY ANN ALEXANDER under Appeal No. 4006; and WHEREAS, at said hearings all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the southerly side of Peconic Bay Boulevard in the Hamlet of Laurel, Town of Southold, containing a total lot area of approximately 28,750 sq. ft., and is identified on the Suffolk County Tax Maps as District 1000, Section 128, Block 4, Lot 20. Page 2 April 11, 1991 Special Meeting Southold Town Board of Appeals (ALEXANDER Decision, continued:) 2. The subject premises: (a) is improved with a one story single-family dwelling structure set back at its closest points 11.8 and 14.8 feet from the westerly {rear} property line; 35+- feet from the southerly (side) property line; 90+- feet from the northerly (front) property line, and 13+- feet from the right-of-way easement line and 28.5 feet to the easterly {front} property easterly right-of-way easement boundary, all in the ownership of the applicants; (b) is located in the R-40 Zone District which requires a minimum side yard at 15 feet (Section 100-244B) for substandard parcel of this size. 3. Appellants are requesting permission to construct a 10' wide x 53' long one-story addition with a proposed setback of 4.8 feet from the westerly property line. 4. The amount of relief requested by this application is 68 percent of the requirement (10.2 feet), which is substantial. 5. It is the opinion of the Board that although the variance as requested is not the minimum necessary to afford to afford relief, that an alternative setback at not less than seven (7') feet from the westerly property line is more appropriate under the circumstances. 6. In considering this application, the Board also finds and determines: (a) that the grant of alternative relief will not be adverse to the essential character of the neighborhood; (b) the alternative relief will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; Pa~e 3 April ~0, 1~91 Special Meeting Southold Town Board of Appeals (ALEXANDER decision, continued:) (c) the grant of the alternative relief will not increase dwelling unit density or cause a substantial effect on available governmental facilities; (d) the relief, as alternatively granted, is the minimum necessary to afford relief; (e) the practical difficulties claimed are uniquely related to the land and are not personal in nature; (f) the difficulties cannot be obviated by some other method feasible to appellant to pursue, other than a variance; (g) in considering all of the above factors, the interests of justice will be served by denying the variance requested and granting alternative relief, as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Villa, it was RESOLVED, to DENY the variance as applied for a proposed setback from the westerly property line at 4.8 feet, and to ALTERNATIVELY GRANT a reduced setback from the westerly property line at not less than seven (7') feet. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Dinizio and Villa. (Member Doyen of Fishers Island was absent.) This resolution was duly adopted. lk Tewn (.~cn% ~own Sout}~old GERARD P. GOEHRINGER, C~IRMAN APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio. Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of New York Town Law and the Code of the Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, 53095 Main Road, Southold, NY 11971, on FRIDAY, MARCH 22, 1991: 7:32 p.m. Appl. No. 4008 - TONY AND MARIE KOSTOULAS. Variance to the Zoning Ordinance, Article XXIV, Section 100-239.4A, Section 100-244B, and Section 100-242A for permission construction which will decrease total side yards and reduce yard setback from bluff along the Long Island Sound. Location of Property: 1035 Aquaview Avenue, East Marion, NY; County Tax Map District 1000, Section 21, Block 02, Lot 013. (R 7:35 p.m. Appl. No. 4006 - ERIC AND MARY ANN ALEXANDER.~ . / ecessed from February 22, 1991) Variance for addition to dwelling with an insufficient side yard setback. Location of~ Property: South Side of Peconic Bay Boulevard, Laurel, NY; / ~ County Tax Map Designation: 1000-128-04-020. 7:38 p.m. Appl. No. 3988 - ANTONIO VANGI. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 and Article XXIII, Section 100-239.4A for permission to construct garage ~age 2 - Board of ~eals Notice of Hearings Regular Meeting - March 22, 1991 addition with a setback of less than 100 feet from the top of the bluff along the Long Island Sound and with side yards at less than the required 15 and 20 feet. The dwelling as exists is nonconforming as to total sideyards, and the lot area and width are nonconforming in this R-40 Zone District. Location of Property: 645 Glen Court, Cutchogue, NY; County Tax Map Designation: 1000-83-1-17. 7:47 p.m. Appl. No. 4013 (V.A.F. Inc., Current Owner). - CARMINE AND VENUSTA CARNEVALE Application requesting review and determination confirming or recognizing of this vacant lot for the purposes of obtaining a building permit for a single-family dwelling use in accordance with the zoning code bulk set-back regulations under Article XXIV, Section 100-244. The subject lot is known and referred to as Lot 50 on the "Map of West Creek Estates," filed on August 19, 1963 as Map No. 3848, and as exempted from lot area and width requirements (Section 100-12). Location of Property: North Side of Glenn Road, Southold, NY; County Tax Map Designation: 1000-78-2-7. 7:50 p.m. Appl. No. 3998 - HENRY AND MARY RAYNOR. (Current Owners: Mr. and Mrs. Albert Mastropaolo). Variances: (1) for approval of access as required by New York Town Law, Section 280A over private right-of-way extending off the north side of Peconic Bay Boulevard, Laurel, to premises identified as County Tax Map Designation 1000-126-04-1, 2, 5; and (2) to the Zoning Ordinance, Article IIIA, Section 100-30A.3, requesting relief under the bulk area requirements gage 3 - Board of ~eals Notice of Hearings Regular Meeting - March 22, 1991 of the proposed northerly parcel of 30,162 sq. ft. and the proposed southeasterly parcel of 27,062 sq. ft. The subject land is located in the R-40 Zone District, and is also shown on the "Map of A.L. Downs" as Lots No. 24, 25, 26, 27, 28, 29, 30. Containing a total combined area of 1.43+- acres. 7:55 p.m. Appl. No. 4005 - THOMAS KELLY and NANCY IANNICELLI. (Recessed from February 22, 1991). Variance to locate garage in an area other than the required rear yard at 2725 Wells Avenue (or Wells Drive per assessment records), Southold; 1000-70-4-16. 8:05 p.m. Appl. No. 4007 - JOHN F. GARRY. Variance to the Zoning Ordinance, Article III, Section 100-33 for approval of accessory gazebo structure in an area other than the required rear yard. Location of Property: 1285 Breakwater Road, Mattituck, NY; County Tax Map Designation: 1000-106-8-48. 8:10 p.m. Appl. No. 4009 - ALEX HOMAYUNI, CHARLES KAPOTES, AND OTHERS. Variances to the Zoning Ordinance under Article XXIV, Section 100-244B, and Section 100-243A, for permission to construct additions and accessory building: (1) exceeding the · maximum lot coverage requirement for all structures/buildings, (2) increasing or enlarging, and reconstructing the existing nonconforming two-family building. (Nonconformities of the subject premises are: lot area, both front yards, and two-family use in this R-40 Zone District.) Location of Property: Corner of Goldin Avenue and Sound View Avenue, ~age 4 - Board of ~eals Notice of Hearings Regular Meeting - March 22, 1991 Southold, NY; County Tax Map Designation 1000-135-2-22, 16, 17, 18, 19, (all as one tract of land for purposes of zoning). 8:30 p.m. Appl. No. 3981 - PHYLLIS RAYNE BYER. Variances to the Zoning Ordinance, Article III, Section 100-30A(1), and Section 100-3 for approval of principal (second) dwelling unit, on second floor over existing antique sales shop and residential apartment. (Subject premises is nonconforming as to the current regulations applicable to lot area, parking and landscaping, and building setbacks in this Limited Business (LB) Zone District.) Location of Property: Corner of Main Road and Bay Avenue, Cutchogue, NY; County Tax Map Designation: 1000-85-3-2.1. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated: March 7, 1991. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski FORM NO. 3 TO~¥N OF SOUTHOLD BUILDING DEPARTMENT TO~,VN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE that your application dated './~/.~. --: .................. 19. . HoJ~'~'N'E''' ' County Tax Map No. 1000 Section ... ~.~.~. .... Block .... .~.. ...... Lot .-~ ........ Subdivision ................. Filed Map No ................. Lot No .................. 1/80 TOWN OF SOUTHOLD, i~iYiC~I~ D APPEAL FROM DECISION OF BUILDING INSPECTOR, jAN ~ '500. APPEAl. NO. L.~ ~) D F.~ ~' - TO THE ZONING BOARD OF APPEALS, TOWN OF ~J~JL~,I~. ~ Name of Appellant .... S~';ee~"~'~l"J~u~'~ ..................... ...................................................................................................................... HEREBY APPEL TO Municipali~ S~e THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUII~DIN~ INSPECTOR ON APPUCATION FOR PERMIT NO ..................................... DATED ........ /./~..zf'./.~..~.,'//,,'/~ ...... Name of Applicant for permit Street and Number Municipality State () PERMIT TO USE ( ) PERMIT FOR OCCUPANCY PROPERTY ./...ud..,. 1. LOCATION OF THE ............................ .......,. ..........;..~...~ ................................. ' Street /HJilTIlet / Use District on Zoning Map .D..!.s..t.r.~ c. t,_l..?.0..0._,S.,e..c., ~t.! °.,n_!__~_.l..°.c.,k..?6...L.°...t....~._,. Current 0~ner "~',~ Y ;~a r~ ,/~ H /)//( x ~ ~'}~, ~ Map No. Lot No. Pti or' Owner'. ~_ (a,'x~ A, /~,'~(~ 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section an~raph of the Zoning Ordina. nce~by number. Do not quote the Ordinance.) Article ~?___~ l.~ Section /~-~2z/~ ~ 3~ /~YPE OF APPEAL Appeal is made 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 () 4. PREVIOUS APPEAL A previous appeal (has) h~os no~een made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit I ) request for a variance and was made in Appea! No ................................. Dated ............................ .~ ........................................ REASON FOR APPEAL ( ) A Variance to Section 2BOA Subsection 3 ,/ (~/') A Variance to the Zoning Ordinance ( ) is requested for the reason that Form ZB1 (Continue on other side) REASON FOR APPEAL Continued Cl~ V I1::)! I I. STRICT APPLICATION OFI~E~,D~I~I(~NCE would produce practical difflcultles or unneces- 2. The hardship created is UNIQUE and is not shared by oil 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 COUNTY OF.~C~'D~'K ) Signature Sworn to this {0 ~2-- doy ............................. V' ....................... 19 ~/ .............................................. of c F lq. ROBERT, C. DICK -- ~ lqot~ry lubllc, S,mte of New York Qu~Jlfied in Suffolk County O~NER .~ FoRMER OWNER STREET ,. ~ N VL FARM VILLAGE SUB. LOT W ACR.),~ , TYPE OF BUILDING COMM. CB. MISC. Mkt. Value IMP. TOTAL DATE REMARKS AGE ~; BUILDING CONDITION NORMAL BELOW ABOVE Ac re Value Per Acre Value FRONTAGE ON ~ ~. FRONTAGE ON ROAD DEPTH BULKHEAD DOCK M. Bldg. Extension Extension Extension COLOR TRIM Foundation Basement Ext. Walls Fire Place Type Roof Bath Floors Interior Finish Heat /~g Rooms 1st Floor Porch Porch .... Breezewoy Garage Patio O.B. Total reation Room ~/~e~-~' Rooms 2nd Floor Dormer Dinette LR. APPEALS BOARD MEMBERS Gerard P. Goehfinger, Chairman Charles Grigonis, Jr. Serge Doyen, Ir. .lames Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ScoTr 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 6, !991 Mr. and Mrs. Eric Alexander 4580 Peconic Bay Boulevard Laurel, NY 11948 Re: Appl. No. 4006 - Variance for Westerly Addition Dear Mr. and Mrs. Alexander: This letter will confirm that the plan, as submitted today (drawn by LE dated 5-91) is acceptable under the above variance, provided that the structure not protrude more than six inches (6") from the variance restriction, which will allow a set-back not closer than 6'6" inclusive of all above ground construction. The construction plan submitted has been made a permanent part of our permanent file. A copy of this decision has simultaneously been transmitted to the Building Department for their files and update. lk Copy to: Building Department Yours very tru%y,~___~f Suffolk county Department of Planning APPEALS BOARD MEMBERS Gerard P. (]oehfinger, Chairman Charles Ofigonis, Ir. 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 ! 179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 May 6, !991 Mr. and Mrs. Eric Alexander 4580 Peconic Bay Boulevard Laurel, NY 11948 Re: Appl. No. 4006 - Variance for Westerly Addition Dear Mr. and Mrs. Alexander: This letter will confirm that the plan, as submitted today (drawn by LE dated 5-91) is acceptable under the above variance, provided that the structure not protrude more than six inches (6") from the variance restriction, which will allow a set-back not closer than 6'6" inclusive of all above ground construction. The construction plan submitted has been made a permanent part of our permanent file. A copy of this decision has simultaneously been transmitted to the Building Department for their files and update. lk Copy to: Building Department Suffolk County Department of Yours very truly, Planning Request by: May 3, 1991 Southold Town Zoning Board of Appeals Eric & Mary Ann Alexander 4580 Peconic Bay Blvd. Laurel, New York 11948 Reference: Appeal ~.4006, April 11, 1991 Dear Sirs~ Our original request to the ZBA was for a Four Foot by Eight Inch Side Yard, allowing for a Ten Foot Addition. Your ruling was for a Side Yard of Seven Feet. Our builder has suggested we ask for a Side Yard of Six Feet Eight Inches as this would make for an Eight Foot Addition, therefore facilitating construction and costs, as materials generally come in Eight Foot Lengths. Our attached preliminary plan calls for this Eight Foot Addition with a Side Yard of Six Feet Eight Inches. Your consideration of this change is most appreciated. We thank you for your past consideration. ' Respe.ct f~a~ DEPARTMENT OF' PLANNING COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE 360-5206 AR?HUR H. KUNZ April 23, 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) Alexander, Eric &Mary Kostoulas, Tony & Marie Municipal Pile Number(s) 4006 4008 Very truly yours, Arthur H. Kurtz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner APPEALS BOARD MEMBERS Gerard P. Ooehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa · Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Pursuant to 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, Article XXI~ Section 100-244B Variance from Determination of Southold Town Building Inspector, Special Exception, Article , Section Special Permit Appeal No.: 4006 Applicant: Location of Affected Land: County Tax Map Item No.: Within 500 feet of: ERIC AND MARY ALEXANDER 4580 Peconic Bay Vlvd., Laurel, NY 1000- 128-4-20 Town or Village Boundary Line Body of Water {Bay, ~Sound or Estuary) State or County Road, Parkway, Highway, Boundary of Existing or Proposed County, Thruway State or Federally Owned __. Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area Land or Drainage Channel Established Channel Existing or Proposed Right-of Way of Any Stream Owned by the County or for Which The County Has Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to construct addition to dwelling with insufficient side yard setback. Copies of Town.file and related documents enclosed for your review. Dated:April /.~, · 1991 tr April 18, 1991 Mr. and Mrs. Eric Alexander 4580 Peconic Bay Boulevard Laurel, NY 11948 Re: Appl. No. 4006 - Variance for Westerly Addition Dear Mr. and Mrs. Alexander: Transmitted for your records is a copy of the determination rendered by the Board of Appeals at our Special Meeting held on Friday, April 10, 1991. Please note that alternative relief was granted and that modifications to the building plan will be necessary before returning to the Building Department for a building permit. A copy of this decision has simultaneously been transmitted to the Building Department for their files and update. Yours very truly, Linda Kowalski Enclosure Copy of Decision to: Building Department Suffolk County Department of Planning ~e 3 ~Pril 10, 1991 Special Meeting .~' Southold Town Board of Appeals (~LEXANDER decision, continued:) (c) the grant of the alternative relief will not increase dwelling unit density or cause a substantial effect on available governmental facilities; (d) the relief, as alternatively granted, is the minimum necessary to afford relief; (e) the practical difficulties claimed are uniquely related to the land and are not personal in nature; (f) the difficulties cannot be obviated by some other method feasible to appellant to pursue, other than a variance; (g) in considering all of the above factors, the interests of justice will be served by denying the variance requested and granting alternative relief, as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Villa, it was RESOLVED, to DENY the variance as applied for a proposed setback from the westerly property line at 4.8 feet, and to ALTERNATIVELY GRANT a reduced setback from the westerly property line at not less than seven (7') feet. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Dinizio and Villa. (Member Doyen of Fishers Island was absent.) This resolution was duly adopted. Town Clerk, Town c~ Soutt>old GERARD P. GOEHRINGER, C~IRMAN NOTICE OF HEARINGS NOTIG~LS'-H'~RHB Y GIVEN, pursuant to Sec~nn 267 of New York Tow~ Llw and thc Code of the Town of Southeld, thc following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting. at the Southold Town HaH, 33093 Main Road, Southold, NY 11971, on FRIDAY. FEBRUARY 22, 1991, at the fol- lowing times: 7:30 p'.~h. AppT. No. 3995 -- DAVID J. STRUPI~ Variance to the Zoning Ordinance, Article HI, Section 100-33 for permisslm to locate tennis other then the n~luitcd n~r yard, for use accessor~ and incidental to the applicant's residence. Location of Prope~: Private_ Red, Fithefl Island, NY; County Tax Map District 1000, Section 003, Blech 03, Lot 005; also refcmd to u Lot 6 tad 5C, BIo~k Map of o~x~nt ~. 7:33 p.m. AppL No. 4001 --PAUL AND KATHLEEN FORESTIERI. Variance to the Zoning Ordinance, Anicle E]A, Section 100-30A.3, Arti- cle XX~V, Sectien 100-244, for cmfir- proposes of obtaining, in the furore, a building permit for a single-family ]~wclling in accordance with the zot~- Jag code set-beck regulations. This ~actnt ~ is noncMrionning as to Jlct ama in this R-40 Zone District. Location of Papery: ~ Side of Par- adise Shores Rend, located approxi- matdy 1250 feet fr~n the noah side of Bayview Ro~d, Southold, NY= County Tax Map Designation 1000-80-01- 024.001. 7:37 p.m. AI~. No. 4000 -- gAL- Variance for approval of access pursuit to New york TaYto Law, Sc~ion ~0-a, a l~Oint 51433 feet from the southerly side of S.R. 25 0daln ReodX ak~ the easte~y nlde c~ Sash Hadx~ R~d, and extending in tn easterly direction 431.56 feet to Lot ~ of the pending Minor Subdivision of thc applicant~ B~d ou Men~ 26. I~ C~ T~x of-Way and Let ~2 ~ue: 1000-69-6-9.3 and part of 2'7 in the Htmlet of 7:40 p.m. AppL No. 4002 -- ~ Vadmc~ to the Zoning Ord~, A~cles XXI~ Sechcn 100-239.4B and AnicleXXIY, Se~tina 100-244B for permission to CmS~'dct n~w addifioa v~ch m ineffi- cient set ~ from the ~ear property line and less than 75 feet from bulk- head. The exisrin~ n~ncenfonnitin~ of this prope~/am the Ict Mu sad set- back of th& e~istlng dw"11;nS to the bulkhead. Location of l~o~ony: 1095 North Parish D~ive st Bayvlew, $otohold: County T~x Map Designs- A7:43 p.m. A~=~=.~.=~ 4006 -- I~RIC ND MARY A'NN~-LRX~NDER. Valance to ~e ~ning Ordinance, A~ ~, ~ I~-~B for d~g w~ m ~ s~ se~a~ f~ ~e w~riy pr~y thc existing dwelling st~ctuFe iS n~g u M ~ w~y s~ (rear) yard set- hchs, ~ti~ of P~fly: South . 7:45 p.m. Appl. No. 3977 ~ ~ V~ t~ ~ 1~ fmfm~ ~ 7:50 p.m. AppL No. 4~4 ~ d~ 1~30~4 (1~33) f~ a~ 1673 ROW 1~ off ~e ~y si~ ~ also refe~ed m as Lot ~3, Minor ~10.~ 7:53 p.m. AppL No. 4005 ~ ~ Valance to ~e Zon~g ~a~ ~ ~ ~ 1~33 8:00 p.m. AppL No. 3990 ~ ~TCHAEL CHoLoWSKY (LOR- m~iatu~ go~ c~e tnd build~ ship ~ ~m by a ~t-for-p~t STA'r6 OF NEW YORK) )SS: COUNTY OF SU~-OL~) SHARON ROCK of MatUtuek, In said County, being duly morn, says that ho/she b Pdn~pd Clerk of THE SUFFOLK TIMES, I Weekly Newspaper, published at Mattltucl~ In the Town of Sm'thoM, County of Suffolk and State of New Yogt~ and that the Notice of which the annexed Is a Minted copy, hm been fngulmty publbhed in. said Newspaper onoe each week for 1 weeks suo~essively, oommenolng on the ~4 day of s~s or ~sentotives desirin8 to be heard ~ each of the above matters. Written connnents may also be sub- mltted prior to the conclusion of the subjccthe~inLlhchbearingwillnct 107/ ~ ~'(:~ :~'~ i,,,! , al time for your presentation waft be :.~ ~ ~,~..,~,~,~,,.~ available, if needed. For more infer- ~ ,.. ...... ~' ~'~ ~"'tl~ ~'~'~ BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD R GOEHRINGER CHAIRMAN Page 3 - March 22, 1991 Public Hearing - Tony and Marie Kostoulas Southold Z.B.A. MR RANDAZZO: Sure we'll do that. CHAIRMAN GOEHRINGER: Okay, I thank you very much. MR VILLA: Do your clients own the house now? MR RANDAZZO: Yes. They intentionally just bought the house with the intention of doing that. MR VILLA: So they just recently purchased it? MS KOSTOULAS: In November. CHAIRMAN GOEMRINGER: Thank you again. Is there anybody who would like speak in favor of this application? Is there anybody who would like to speak against the application? Any questions from Board Members? Do you want to close this hearing or do you want to leave it open to April 5th and close it then, in case we have any other questions? MR DINIZIO: Unless you are going to measure it? CHAIRMAN GOEHRINGER: I'm going to measure it. MR DINIZIO: Let's leave it open till then. CHAIRMAN GOEHRINGER: Alright, we'll leave it open until and close it that night. We are going to leave the hearing open until after we go and measure it and we will close it on April 5th. Okay? Not hearing any verbal testimony, I'll make a motion recessing the hearing until April 5th, at which it will be formally closed. Thank you. Ail in Favor - AYE. CHAIRMJkN GOEHRINGER: trip home. //~ppl. No. 4006 Applicant(s): Eric and Mary Ann Alexander Location of Property: S/S Peconic Bay Blvd., County Tax Map No.: 1000-128-4-20 Thank you so much for coming in. Safe Laurel The Chairman opened the hearing at 7:40 pm and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: We opened at that time and received a letter from them, that they would not be available. Are they here? How do you do? Mr. Alexander, Mrs. Alexander. Could I ask you to use the mike, if you won't mind. In reading your Page 4 - March 22, 1991 Public Hearing - Eric and Mary Ann Alexander Southold Z.B.A. CHAIRMAN, cont'd: decision I noticed that you are requesting this addition for the purposes of making a larger kitchen, is that the case? Is there anything you would like to say for the record? MR ALEXANDER: Yes, sir. My name is Eric Alexander. The kitchen itself is at this point 30 years old and in desperate need of modernization. My family is growing, I have four children and my widowed mother-in-law lives with us half the time, so while we are intending to modernize the kitchen, it is an opportune time for us to also expand it so that it's easier to eat in the kitchen itself. That's the reason for the request for the variance. The hardship would be involved in perhaps relocating the kitchen which is financially not really feasible. The properties in this particular area, along the Boulevard are quite long and narrow and the house itself is built to situate on that particular piece of property, so it is in fact, the house is long and narrow. The area in question on the Boulevard is mostly a su~er area and there are quite a few residences in the area that have five feet or less side yard variances. In fact, of the seven properties that adjoin my piece of property, there are seven structures on those properties that are five foot or less to the existing property line. I have pictures of those particular structures. CHAIRMAN GOEHRINGER: Great. Could we see them? MR ALEXANDER: Sure. Just to finish. The westerly boundary which is where the intended addition would be, there is a new, a brand new structure being built there, on that piece of property at this point. That structure, in fact has a five foot side line variance. CHAIRMAN GOEHRINGER: application on that. one? This is the McGowan one. We had an This is McGowan also. Where is this MR ALEXANDER: This is the new structure to the west. up on the bay. CHAIRMAN GOEHRINGER: Can I write on the back of that? That's MR ALEXANDER: Sure. Absolutely. That is owned by Dr. Grouson, that new piece there. CHAIRMAN GOEHRINGER: That is probably, formerly McGowan but they were McGowan at one point. Page 5 - March Public Hearing Southold Z.B.A. 22, 1991 - Eric and Mary Ann Alexander MR ALEXANDER: That is in the neighborhood. That is not near my house. CHAIRMAN GOEHRINGER: This is of course the same one that goes with this. That's a closer view. MR ALEXANDER: That's right. That was a closer view. This is on the east side of my home. CHAIRMAN GOEHRINGER: This is again the new home, right? MR ALEXANDER: Yes. CHAIRMAN GOEHRINGER: There's an interesting one. MR ALEXANDER: That's Gross. CHAIRMAN GOEHRINGER: Is that a white garage. MR ALEXANDER: No. This is to the east of the actual building, Dr. Gross happens to own two pieces of property. This is his garage and then this is to the east of his garage, there's a home and a garage. I would be probably more in conformance with the neighborhood if I had the variance. CHAIRMAN GOEHRINGER: I'm going to pass these over. You are going to give me this right? MR ALEXANDER: Yes. CHAIRMAN GOEHRINGER: Okay. Let me take those also. We have two members of the Board that were not on the Board at the time. I do want to ask you one or two more questions. MR ALEXANDER: Yes, sir. CHAIRMAN GOEHRINGER: My question, Mr. Alexander, is the 4.8 feet which you propose. Does that include the overhang? or would there be a further? MR ALEXANDER: Yes. CHAIRMAN GOEHRINGER: It does include the overhang? MR ALEXANDER: I believe it will include the overhang. The actual structure will not be that close. CHAIRMAN GOEHRINGER: The reason why I ask you that question is, we've had, I'm trying to think of the person that we had Page 6 - March 22, 1991 Public Hearing - Eric and Mary Ann Alexander Southold Z.B.A. CHAIRF~a/q, cont'd: an application with, across the street from you, it's down the road a piece. But it doesn't make any difference. We had kind of an unwritten rule that you have to be able to place a ladder on the side of your house so as if the ladder is on your property when you are physically working on your house. I do attest to the problems that exist on an undersized lot of this nature, however, and I'm very well familiar because I did live across the street from you for about 16 years, at one time. I don't presently. So, I'm going to ask the Board if they have any reason that they might want to go into Mr. Alexanders' house and look at the present situation that exists and what he intends to do or can we see this from the outside? Bob? Jim? MR DINIZIO: What I see on here is fine with me. ~LR VILLA: I was down to the site. CHAIRM3~N GOEHRINGER: I guess not. So we will just let the hearing go and we'll close it and we'll make a decision. MR ALEXANDER: Thank you. CHAIP~NL~/q GOEHRINGER: again. I'll probably be back to look at it MR ALE/~3~NDER: Okay. Thank you. 5hR VILLA: Mr. Alexander, before you leave, how long have you lived in the house? MR ALEXANDER: I've been in there 15 years. CHAIRMAN GOEHRINGER: Thank you again. Is there anybody else who would like to speak in favor of this application? Is there anybody who would like to speak against this application? No further questions. I make a motion closing the hearing reserving decision until later. Ail in Favor - AYE. CHAIRMAN GOEHRINGER: Thank you again for coming in. I hope to have a decision for you shortly. Appl~ant(s): ~tonio Vangi Locatio~n~o~p~6perty: 645 Glen Court, Coun~-l-17 Cutchogue LEGAL NOTICE NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of New York Town Law and the Code of the Town of Southold, the foliowing public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, 53095 Main Road, Southold, NY 11971, on FRIDAY, MARCH 22, 1991: 7:32 p.m. Appl. No. 4008- TONY AND MARIE KOSTOULAS. Variance to the Zoning Ordinance, Article XXlV, Section 100-239.4A, Sec- tion 100-244B, and Section 100~242A for permission eon- struction which will decrease total side yards and reduce yard setback from bluff along the Long Island Sound. Location of Property: 1035 Aquaview Avenue, East Marion, NY; County Tax Map District 1000, Section 21, Block 02, Lot 013._._ ~ 7:35 p.m. Appl. NO 4006- ERIC AND MARY ANN ALEXANDER. (Recessed from February 22, 1991) Variance for addition to dwelling with an in- sufficient sida yard setback. Location of Property: South side of Peconic Bay Boulevard, Laurel, NY; County Tax Map Designation 1000-128-04-020. ~ 7:38 p.m. AppL No. 3988-~- ANTONIO VANGL Variance to The Zoning Ordinance, Article XXlV, Section 100-244 and Ar- tide XXIiI, Section 100-239.4A for permission to construct garage addition with a setback of less than 100 feet from the mp of the bluff along the Long Island Sound and with side yards at less than the required 15 and 20 feet. The dwelling as ists is nonconforming as to totniS¢ sideyards, and the lot area and width are nonconforming in this R-40 Zone District. Location of Property: 645 Glen Court, Cut- chogue, NY; County Tax Map Designation: 1000-83-1-17. 7:47 p.m. Appl. No. 4013- CARMINE AND VENUSTA CARNEVALE (V.A.F. Inc., Current Owner). Application re- questing review and determina- tion confirming or recognizing of this vacant lot for the pur- poses of obtaining a building permit for a single-family dwell- ing use in accordance with the zoning code bulk set-baCk regulations undo' Article XXI-V, Section 100-244. The subject lot 50 on the "Map of WeSt Creek Estates;' filed on August 19, 1963 as Map No. 3848, and as exempted from lot aroa and width requirements (Section 100-12). Location of Property:. North side of Glenn Road, Southold, NY; County 'Pax Map Designation: 1000-78-2-7. 7:50 p,m. Appl. No. 3998- HENRY AND MARY RAYNOR. (Current Owners: Mr. and Mrs. Albert Mastropaolo). Variances: (1) for approval of aceass as required by New York Town Law, Section 280A over private right-of-way extending off the north side of Peconic Bay Boulevard, Laurel, to prenti~es identified as Coun- ty Map Designation 1000-126- 04-1, 2, 5; and (2) to the Zoning Ordinance, Article IIIA, Section 100-30A.3, requesting relief under the hulk area re- ' quirements of the proposed nor- theriy parcel of 30,162 sq. fi. and the proposed southeasterly parcel of 27,062 sq. ft. The sub- ject land is located in the Zone District, and is also shown on the "Map of A.L. Downs" as Lots No. 24, 25, 26, 27, 28, 29, 30. Containing a total com- bined area of 1.43 + acres. ' 7:55 p.m. Appl. No. 4005- THOMAS KELLY AND NAN- CY IANNICELLI. (Recessed from February 22, 1991). Variance to locate garage in an area other than the required rear yard at 2725 Wells Avenue (or Wells Drive per assessment records), Southold; 1000-70-4-16. 8:05 p.m. Appl. No. 4007- JOHN E GARRY. Variance to the Zoning Ordinance, Article 111, Section 100-33 for approval of acc~sory gazebo structure in an area other than the required mar yard. Location of Proper- ty: 1285 Breakwater Road, Mat- tituck, NY; County Tax Map Designation: 1000-106-8-48: 8:10 p.m. Appl. No. 4009- ALEX HOMAYUNI, CHAR- LES KAPOTES, AND OTHERS. Variance to the Zon- ing Ordinance under Article XXIV, Section 100-244B, and Section 100-243A, for permis- sion to construct additions and accessory building:. (I) exceeding the maximum lot coverage re- quirement for all struc- ture~buildings, (2) increasing or enlarging, and reconstructing the existing nonconforming two- family building. (Nanconfor- mities of the subject premises am: lot area, both front yards, and two-family use in this R-40 Zone District. Location of Pro* nert~. Corner of GoldinoAvenue and Sound View Avenui, Southold, NY; County Tax Map Designation 1000-135-2-22, 16, 17, 18, 19, (all as one tract of land for purposes of zoning). ,. 8:30 p.m. Appl. No. 3981- PHYLLIS RAYNE BYER. Var- iances to the Zoning Ordinance, Article III, Section 100-30A(I), and Section I00-3 for approval of principal (second) dwelling. unit, on second floor over ex- isting antique sales shop and residential apartment. (Subject premises is nonconforming as to the current regulations ap- plicable to lot area, parking and landscaping, and building, set- backs in this Limited Business (LB) Zone District.) Location of Property: Corner of Main Road and Bay Avenue. Cutchngue, NY: County Tax Map Designa- tion: 1000-85-3-2.1. The Banrd of Appeah will ~ said time and pl~e be~r any ~md all penons or repr~at~i~ d~dng to bo he~d ia each of m~nts may aho b~ submitm/ prior to the conclus/on of subject hetfin~ ~ hmrin~ will not sm't beforo th~ time allotted. Additional time for your presentation will be awilable, if needed. For more information, please call 765-1809. Dated: March 7, 1991. BY ORDER OF SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRING~R CHAIRMAN Copies of the Legal Notice for Hearings to be held 3/22/91 were sent to the following on 3/8/91: Mr. Vito Randazzo 127 Swan Lake Drive Patchogue, NY 11772 and~rs. Eric H. AIo~ Peconic Bay Boulevard Laurel, NY 11948 Mr. John Scaramucci 2045 Westphalia Road Box 1403 Mattituck, NY 11952 Marie Ongioni, Esq. 218 Front Street P.O. Box 562 Greenport, NY 11944 Mr. and Mrs. Carmine Carnevale 1522 North Garbiner Drive Bay Shore, NY 11706 Mr. and Mrs. Henry Raynor, 320 Love Lane Mattituck, NY 11952 Jr. Dr. R. Tabi 2 Lloyd Haven Drive Huntington, NY 11743 Mr. J. Douglas Peix 50605 Main Road Box 333 Southold, NY 11971 Mr. and Mrs. Richard Wickbodt 25 Beach Road Great Neck, NY 11023 Ward Associates, P.C. 1500 Lakeland Avenue Bohemia, NY 11716 Mr. and Mrs. Stanley Kemptner P.O. Box 1718 270 Golden Lane Southold, NY 11971 (Continued mail list for 3/22 hearings:) Mr. and Mrs. John Garry 1285 Breakwater Road Mattituck, NY 11952 Gary Flanner Olsen, Esq. Main Road P.O. Box 706 Cutchogue, NY 11935 James A. Schondebare, Esq. P.O. Box 1018 Southold, NY 11971 John M. Wagner, Esq. Esseks, Hefter & Angel 108 East Main Street P.O. Box 279 Riverhead, NY 11901 Times-Review Long Island Traveler-Watchman, Inc. ZBA Board Members with copies from files Individual hearing folders Original posted on Town Clerk Bulletin Board 3/7/91 APPEALS BOARD MEMBERS Gerard P. Ooehringer, Chairman Charles Origonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Te|ephone (5 ! 6) 765- ! 809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. If you or your representative should require more than 20 minutes to present your case, it is suggested that the extended presentation be submitted in writing at the hearing (if possible). Please feel free to call our o~fice prior to the hearing date if you have any questions or wish to update your file. Yours very truly, GERAPJD P. GOEHRINGER CHAIRM3~N Enclosure February 12, 1991 Gerard P- Goehringer, Chairman Board of Appeals Town of Southold P.O. Box 1179 Southold, New York 11971 Dear Mr. Goehringer; I received your letter regarding Notice of Hearings for February 22, 1991. My Variance Appeal is scheduled on that date for 7:43 pm. As I will be out of town on that date, I would request a postponement to the next available date. If there are any problems kindly contact me at my office at 727-2403. ~ctful;n¥, NOTICE OF t~EARINGS~ NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of~ New York Town Law and the Code of the Town of Southoid, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hail, 53095 Main Road, Southold, NY 11971, on FRIDAY, FEBRUARY 22, 1991, at the following times: 7:30 p.m. Appl. No. 3995- DAVID J. STRUPP. Variance to the Zoning Ordinance, Article III, Section 100-33 for permis- sion to locate tennis court and croquet court in an area other than the ~quired rear yard, for use accessory and incidental to the applicant's residence. Loca- tion of Property: Private Road, Fishers Island, NY; County Tax Map DistriCt 1000, Section 003, Block 03, Lot 005; also referred to as ]~'6 and 5C, Block Ig. Map of Chocomount 2. 7:33 p.m. AppL No 4001- PAUL AND KATHLEEN FORESTIERI. Variance to the Zoning Ordinance, Article IliA, Section 100-30A.3, Article XXlV, Section 100-244, for con- firmation or recognition of lot for the purposes of obtaining, in the future, a building permit for a single-family dwelling in ac- cordance with the zoning code set-back regulations. This vacant parcel is nonconforming ar to lot area in this R-40 Zone District. Location of Property: East side of Paradise Shores Road, located approximately 1250 feet from the north side of Bayview Road, Southold, NY; County Tax Map Designation 1000-80-01.024.001. 7:37 p.m. Appl. No. 4000~ SALVATORE AND JEANNE CATAPANO. Variance for ap- proval of access pursuant to New York Town Law, Section 280-a, over a private right-of- way begining at a point 514.73 feet from the southerly side of S.R. 25 (Main Road), along the easterly side of South Harbor Road, and extending in an easterly direction 431.56 feet to Lot No. 2 of the pending Minor Subdivision of the applicants conditionally approved by the Planning Board on March 26, 1990. County Tax Map Designa- tions of the subject Right-of- Way and Lot No. 2 are: 1000-69-6-9.3 and part of 27 in the Hamlet of Southold, NY. 7:~O p.m. AppL No. ~002- FRANK C. GILBERT, JR. Variance to the Zoning Or- dinance, Articles XXIII, Se~don 100-2~9.4B and Article XX1V, ~tion 100-244B for i~rmission to construct new addition with an insufficient set back from the rear property line and less than 75 feet from bulkhead. The ex- isting nonconformities of this property are the lot area and set- back of the existing dwelling to the bulkhead. Location of Pro- perty: 1095 North Parish Drive at Baview, Southold; County 'Fax Map Designation: 1000-71- 01-011. -~ /~ 7:43 p.m. Appl. No. 4006- ERIC AND MARY ANN ALEXANDER. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B for permission to construct addition to dwelling with an insufficient side yard setback~ from the westerly property line. Premises is nonconforming as to lot area in this R-40 Zone District, and the existing dwelling s~ructure isl ~ nonconforming as~e wester~ ly side yard and southerly (rear} yard setbacks. Location of Pro- perry: South side of Peconic Bay Boulevard, Laurel, NY; County 'Pax Map Designation: 1000-128-04-020. 7:45 p.m. Appl. No. MITCHELL MARKS. Variance' to the Zoning Ordinance, Arti- cle XXIll, Section 100-239B for approval of swimming pool, deck, and fence construction with a set-back at less than the required 100 feet from bluff along the Long Island Sound. 29829 Main Road, Orient, NY; County Tax Map Designation 1000-14-2-1.6. Premises is located in the R-80 Zone District. 7:50 p.m. Appl. No. 4004- DAVID J. VERITY. Variance to the Zoning Ordinance, Article IliA, Section 100-30A.4 (100-33) for approval of accessory storage buildings located in an area other than the required rear yard. Location of Property: 1673 ROW located off the easterly side of Rocky Point Road, East Marion, NY; also referred to as Lot No. 3, Min~or Subdivision for Kimon and Woodene Retzos; County Tax Map Lot Designation: 1000-31-02-010.002. 7:53 p.m. Appl. No. 4005- THOMAS KELLY AND NAN- CY IANNICELLI. Variance to the Zoning Ordinance, Article Ili, Section 100-33 for permis- sion to locate accessory garage structure in an area other than the raquired rear yard and situated approximately 40 feet from Wells Road. Premises is nonconforming as to lot area in this R-40 Zone District and fronts along Jockey Creek~~- Location of Property: 2725 Wells Road, Southold, NY; County Tax Map Designation: 1000-70-4-16. 8:00 p.m. Appl. No. 3990- MICHAEL CHOLOWSKY (LORINDA C. CASOLA, Owner). Variances to the Zoning Ordinance, Article III, Section 100-31B(7)(c) concerning proposed establish- ment, construction and opera- tion of a golf driving range, a miniature golf course and building with office accessory and incidental thereto, without necessity of ownership or opera- tion by a not-for-profit corpora- tion. Special Exception applica- tion to be filed separately. Premises is known as 3340 Hor- ton's Lane, Southold, NY; County 'Pax Map Parcel ID No. 1000-55-1-9 and contains 16.7+ acres. 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 time allotted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated: February 8, 1991. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By: Linda Kowalski 15~' , IX-2/14/91(22) COUNTY OF SUFFOLK SS: STATE 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 ......... ./."~.~. ....... cayc '. ~. . , 19~'/ Sworn to befm'e me this ,~2 ~-' clay of ......... .... Notary Public [!AIiBARA A. SCHNEIDER NFJTAF.'/PUBL!C, Stste ot New York No. 4505846 C, ~.,.fL. h ..... :~lk _Cou. aty / 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 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. If you or your representative should require more than 20 minutes to present your case, it is suggested that the extended presentation be submitted in writing at the hearing (if possible). Please feel free to call our o~fice prior to the hearing date if you have any questions or wish to update your file. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Enclosure 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 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-I 800 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of New York Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, 53095 Main Road, Southold, NY 11971, on FRIDAY, following times: 7:30 p.m. Appl. the Zoning Ordinance, FEBRUARY 22, 1991, at the No. 3995 - DAVID J. STRUPP. Variance to Article III, Section 100-33 for permission to locate tennis court and croquet court in an area other than the required rear yard, for use accessory and incidental to the applicant's residence. Location of Property: Private Road, Fishers Island, NY; County Tax Map District 1000, Section 003, Block 03, Lot 005; also referred to as Lot 6 and 5C, Block 18, Map of Chocomount 2. 7:33 p.m. Appl. No. 4001 - PAUL AND KATHLEEN FORESTIERI. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3, Article XXIV, Section 100-244, for confirmation or recognition of lot for the purposes of obtaining, in the future, a building permit for a single-family dwelling in accordance with the zoning code set-back regulations. This vacant'parcel Page 2 Notice of Hearings Board of Appeals Regular Meeting - February 22, 1991 is nonconforming as to lot area in this R-40 Zone District. Location of Property: East Side of Paradise Shores Road, located approximately 1250 feet from the north side of Bayview NY; County Tax Map Designation 1000-80-01- Road, $outhold, 024.001. 7:37 p.m. Appl. No. 4000 - SALVATORE AND JEANNE CATAPANO. Variance for approval of access pursuant to New York Town Law, Section 280-a, over a private right-of-way beginning at a point 514.73 feet from the southerly side of S.R. 25 (Main Road), along the easterly side of South Harbor Road, and extending in an easterly direction 431.56 feet to Lot #2 of the pending Minor Subdivision of the applicants conditionally approved by the Planning Board on March 26, 1990. County Tax Map Designations of the subject Right-of-Way and Lot #2 are: 1000-69-6-9.3 and part of 27 in the Hamlet of Southold, NY. 7:40 p.m. Appl. No. 4002 - FP~kNK C. GILBERT, JR. Variance to the Zoning Ordinance, Articles XXIII, Section 100-239.4B and Article XXIV, Section 100-244B for permission to construct new addition with an insufficient set back from the rear property line and less than 75 feet from bulkhead. The existing nonconformities of this property are the lot area and setback of the existing dwelling to the bulkhead. Location of Property: 1095 North Parish Drive at Bayview, Southold; County Tax Map Designation: 1000-71-01-011. Page 3 Notice of Hearings Board of Appeals Regular Meeting - February 22, 1991 .27:43 p.m. Appl. No. 4006 - ERI____~CAND MAR___~YANNALEXANDER_________~. fiance to the Zoning Ordinance, Article XXIV, Section 100-244B r permission to construct addition to dwelling with an insufficient side yard setback from the westerly property line. Premises is nonconforming as to lot area in this R-40 Zone District, and the existing dwelling structure is nonconforming as to the westerly side yard and southerly (rear) yard etbacks. Location of Property.- South Side of Peconic Bay oulevard, Laurel, NY,- County Tax Map Designation: 1000-128-04-020. 7:45 p.m. Appl. No. 3977 - MITCHELL MARKS. Variance to the Zoning Ordinance, Article XXIII, Section 100-239B for approval of swirmming pool, deck and fence construction with a set-back at less than the required 100 feet from bluff along the Long Island Sound. 29829 Main Road, Orient, NY; County Tax Map Designation 1000-14-2-1.6. Premises is located in the R-80 Zone District. 7:50 p.m. Appl. No. 4004 - DAVID J. VERITY. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.4 (100-33) for approval of accessory storage buildings located in an area other than the required rear yard. Location of Property: 1673 ROW located off the easterly side of Rocky Point Road, East Marion, NY; also referred to as Lot #3, Minor Subdivision for Kimon and Woodene Retzos; County Tax Map Lot Designation: 1000-31-02-010.002. Pag~ 4 Notice of Hearings Board of Appeals Regular Meeting - February 22, 1991 7:53 p.m. Appl. No. 4005 - THOMAS KELLY and NANCY i IANNICELLI. Variance to the Zoning Ordinance, Article III, Section 100-33 for permission to locate accessory garage structure in an area other than the required rear yard and situated approximately 40 feet from Wells Road. Premises is nonconforming as to lot area in this R-40 Zone District and fronts along Jockey Creek. Location of Property: 2725 Wells Road, Southold, NY; County Tax Map Designation: 1000-70-4-16. 8:00 p.m. Appl. No. 3990 - MICHAEL CHOLOWSKY (LORINDA C. CASOLA, Owner). Variance to the Zoning Ordinance, Article III, Section 100-31B(7)(c) concerning proposed establishment, construction and operation of a golf driving range, a miniature golf course and building with office accessory and incidental thereto, without necessity of ownership or operation by a not-for-profit corporation. Special Exception application to be filed separately. Premises is known as 3340 Horton's Lane, Southold, NY; County Tax Map Parcel ID No. 1000-55-1-9 and contains 16.7+- acres. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. Additional time for Page 5 Notice of Hearings Board of Appeals Regular Meeting - February 22, 1991 your presentation will be available, if needed. For more information, please call 765-1809. Dated: February 8, 1991. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Notice of Hearings Southold Town Board of Appeals Regular Meeting February 22, 1991 Copies of Legal Notice Mailed to the following: 2/8/91 Dr. & Mrs. David J. Strupp, 455 East 86 St., Apt. 34A, New York,NY 10028 Mr. Paul Forestieri, 300 East 54 St., New York, NY 10022 Paul A. Caminiti, Esq., P.O. Box 992, Southold, NY 11971 for Catapano Mr. & Mrs. Frank Gilbert, 1095 North Parish Drive, Southold,NY 11971 i~Mr. & Mrs. Eric Alexander, 4580 Peconic Bay Blvd., Laurel, NY 11948 Mr. Mitchell Marks, 60 East 8 Street, New York, NY 10003 Mr. David Verity, 2085B Shipyard Lane, East Marion, NY 11939 M~xx~h~ma~xK~x~xM~xxNam~x~a~t~x~xW~sxR~a~x~h~xt~l J. Kevin McLaughlin~ Esq.,828 Front St., P.O.Box 803, Greenport,NY for Cholowsky/Casola Mr. J. Douglas Peix, 50605 Main Road, Box 333, Southold, NY 11971 for Kelly/Iannicelli 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 TYPE II SCOTI' L. HARRIS Supervisor Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 February 1, 1991 S.E.Q.R.A. ACTION DECLARATION Appeal No. 4006 Project/Applicants: Eric Alexander County Tax Map No. 1000- 128-4-20 Location of Project: 4580 Pec0nic 8ay 8]¥d., laurel, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct an addition to dwelling with an insufficient side yard 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 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. 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 January 30, 1991 ZONING APPEAL NO. 4006 - ERIC & MARY ANN ALEXANDER Transmitted herewith is Zoning Appeal No. 4006 - ERIC & MARY ANN ALEXANDER together with the Notice to Adjacent Property Owners, the Notice of Disapproval from the Building Department, the Short Environmental Assessment Form, the Zoning Board of Appeal Questionnaire, a copy of the Certificate of Occupancy, a copy of the deed, a copy of a map showing the proposed addition. Judith T. Terry Southold Town Clerk o14-t~.-~ 12/8~--Text 12 PROJECT I.D. NUMBER 617.21 ~, SEQR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be comDleted by Applicant or Project sponsor) ~/SPONSOR ~ i ~ 2. PROJECT NAMe; . 4. PRECISE ~T~N (Street ad~res .......... ~ ~ ~ ~xoaflslon ~ Modiflcatlonlalt e~tlon Initially -- -- acres Ultimately _ acme /~ I X~ ~ ~ 8. WILL PROPOSED ACTION COMPLy WITH ~ISTING ZONING OR OTHER ~ISTING ~ND USE flE~ICTIONS? D Yes ~No If No, 0ascribe briefly ~ 9. WHAT IS PREBENT LAND USE IN VICINITY OF PROJECT? Residential crlbe: [] Industrial ~'~ Commercial E] Agriculfure [] ParklForesuOgen sl~ace [] OlDer 10. DOES ACTION INVOLVE A PERMIT APPROVAl. OR FUNDING, NOW~ ULTIMATELY FROM AN~OTHER GOVERNMENTAL AGENCY (FEDERA~.~ STATE OR LOCAL~? [] No If yes, list agency(s) and permit/approvals 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Yes ~ No tf ye~, list agency name and permit/approval 12. AB A RESULT OF PROPOSED ACTION WILL EXISTING [] Yes [] NO ~ PERMITIAPPROVAL REQUIRE MODJFICAT'~N? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE 1 (Continued on reverse side) ~L.The_N-Y-S- EnvirOnmental Quallt,, Rev~ ..... of =n~s Corm, and an environmental ~-~.~c~ =equlres submission before any action is taken. ~--~=-- w~&A ue made by this board ~HORT ENVIRONMENTAL ASSEsSHENT FO~! INSTRUCTIONS~ (a} Xn--order to answer the questions in this short EAF it is assumed ~hat the preparer will use cUrrently .available information concerning the projec~ and the likely impacts of the action. Xt is not expected that additional studies, research or other investigations will be undertaken. (b) If any c~/estion has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (o) I£ all questions have been answered No it is likely that the project is no= significant. (d) E~nvironmental Assessmen~ 1. Will project result in a large physical change to the project site or physically alter more ~NO than l0 acres of land2 Yes 2. Will there be a majo= 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 ~No 5. Will project significantly effect drainage flow on adjacent sites? ~Yes V/No 6. Will ' affect any threatened or endangered or animal species? -, Yes 7. Will project result in a major adverse effect on air quality? Yes 8. Will project have a major effect on visual char- ac=er of the community or scenic views or vistas known to be imporcant to the community? . Yes 9. Will project adversely impact any site or struct- ute of historic, pre-historic, or paleontologicu~ importance or any site designated as a critical /No envircnmental area by a local agency? ~es 10. Will project have a m~jor effect on existing or /No future recreational opportunities? ~es 11. Will project result in major traffic problems o= cause a major effect to existing transportation /No · systems? 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- 13. Will project have any impact on public health or safe=y? ___Yes ./No 14. Will project affect the existing community by directly causing a growth in Permanent popula- ./NO period or have a major negative effect on the Charact~ of the community or neighborhood~ lS. Is there 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: (sep~a~~ 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~ny proposals to change or alter land contours? { } Yes {v} No D. 1. Are there any areas which contain wetland grasses? ~o 2. Are the wetland areas shown on the map submitted with this application? ~ 3. Is the property bulkheaded between the wetlands area and the upland building area? / 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? ~ E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? ~ (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which exist ag~ are not shown on the survey map that you are submitting? ~4_ If none exist, please state "none." G. DO you have any construction taking place at this time concerning your premises? ~Lo 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 ,gr any co-owner also own other land close to this parcel? r~ If yes, please explain where or submit copies of deeds. parcelI' Please lis~e/~.ent ~s~r operations~ conductedandat this proPOsed use ~ze~d Sig~natu~r a~nd~ee 3/87, 10/901k § 97-13 WETLANDS § 97-13 TOWN -- The Town of Southold. TRUSTEES -- The Board of Tmsteea 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]: -lC) ,'~ ~.~' · ~ ~ DAL WETLANDS: (1) All lands generally covered or intermittently coy- 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, flats 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 Attachment - Z.B.A. Questionaire Re: Eric & Mary Ann Alexander 4580 Peconic Bay Blvd. Laurel, N.Y. * F. A four foot high stockade fence runs along the lengh of our westerly boundry. A six inch high deck extends off the southerly portion of the house. CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT - THIS INSTRUMENT SHOULD ll USED BY LAWYERS ONLY THIS INDENTURE, made the 10th day of J_une , nineteen hundred andSeventy-£ive BETWEEN ELAINE A. KENDALL, residing at 4580 Peconic Bay Boulevard, Mattituck, New York party of the first part, and ERIC H. ALEXANDER and MARY ANN ALEXANDER, his both residing at 406 East Main Street, Riverhead, New York wife, party of the second part, WITNle$$1eTH, that the party of the first part, in consideration of ten dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements.th~ereo~n, er~qted, situate, lying and beingJz~l~l: at Laurel, Town of Southold, County ox ~uxxoxa, New York, more particularly bounded and described as follows: BEGINNING at a monument set in the southerly side' of Peconic Bay Boulevard at the northwesterly corner of land now or formerly of Joseph M. Connelly; running thence South 18 degrees 29 minutes 30 seconds East along land now or formerly of Connelly, McGowan, Belz, Marnie and Brush 300.0 feet to a monument; thence South 71 degrees 30 minutes 30 seconds West along land now or formerly of Henry Steffens 73.61 feet to a concrete monument; thence North 18 degrees 35 minutes 10 seconds West along land now or formerly of Leonard Plechavicius 232.48 feet to a monument set in the southerly side of Peconic Bay Boulevard; thence along the southerly side of Peconic Bay Boulevard North 29 degrees 07 minutes '20 seconds East 100.16 feet to the point of BEGINNING. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abuttiog the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of lhe party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered auything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indentpre so requires. IN WITNF..$$ WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: ELAINE A. KENDALL L,BE 7855 STATE OF NEW YORK, COUNTY OF FFOLK ss: 19 75, before me On the 10th day of June pcrsonalJy came ELAINE A. KENDALL to n)e known to bc the ]nd~vkloal described ~n and who executed the foregoing instrument, and acknowledged tliat she executed the same. ALtEr',[ M. SMITH NOTARY PUBLIC, Stole of New York No. 52-3714225 QualiBed in Suffolk Counly Commission Expires March 30, 1977 STATE OF NEW YORK, COUNTY OF SS: On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. ; that lie is the of , the corporation described in and whlcb executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by llke order. STATE OF NIW On the personally came COUNTY OF day of 19 SS: , before me to uie known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. STATE OF NEW YORK, COUNTY OF SS: On the day of 19 , before me personally came the subscriblng witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. ; that he knows to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. largaiu ale Bee WITH COVENANT AGAINST GRANTOR'S ACTS TITLE NO. 7 ...5" _ ELAINE A. KENDALL TO ERIC H. ALEXANDER and ~LA. RY ANN ALEXANDER, his wife TANBARI FIRM IF NIEW TIRK BOddl IF TITLE INII~SIIITEIS Distrib'uted by CHICAGO TITH INSURANCE ~ OM PANY SECTION BLOCK LOT COUNTY OR TOWN Recorded at Request o[ CHICAGO TITLE INSURANCE COMPANY Return by Mail m SMt|H, [ltll rrl$1L , LU LICL;, UAI Lt! iAJ 6u$ ATTORNEYS AND COUNSI~LORS AT LAW 456 GRIFFING AVENUE P. O. BOX '389 RIVERHEAD, NEW yORK 11901 Zip No. Allen M. Smi.'eh TOWN OF 5OUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE Sou'rHOLD, N. Y. CERTIFICATE OF OCCUPANCY THIS CERTIFIES that the building located at ~)e(=OT~.C ~3a~ ...................................................................... Street ...................... ,. x.xz I~u~el- I%Z. ' Map No. ~ Block No ......... ~ ....... Lot No ............................. j,. ....................................... confarn~ substantially to the Application for Building Permit heretofore filed in this office da~ed A14[~1.$~ ~)2 le6~) pursuant to which Building Permit No. dated A%lgl~Jt ~,2 19...6..~..., was issued, and co6forms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is 'issued is ....... ~..%.v..~.t .. ~..~'.e~J,lz ..~I~11 ~,x~ ....... . .......................................................... .......: ............ . Th, c, rtlf~¢ote i, i,ued to .....C...,.~.,.~ .~.. .......... . 0~er ............................................. ~ ............. (owner, lessee or tenant) of the aforesaid building. ~.D.approval April 19, 1963 by P. ~a~kows~i Copy of Original Certificate of Occupanc'y for property now'owned by Eric & Mary Ann Alexander of 4580 Peconic Bay Blvd., Laurel, N.Y. COUNTY - SUFFOLK C R 0 S S R E F E R E N C E L I S T I N 6 ¥O~N 0~-$OuTHOLD ..... PARCEL IDENTiFiCAI'~ON~S-E-'O~JE~J~ SWIS - 47388q Y C~ lg88-- - ~~6-- ......... C QX PA~A~CFI-~AUL--O'-~ WF ~,,TOD 6.ZOO 128.-3-7 C RQ REGAN DANIEL & MARY 1,100 5,200 ~~ ......... C SJ SHAEFER JOHN R & 1,100 128.-)-Q C TC LAUREL CTRY EST PRPTY 100 100 '"~3-12 ~ 4 .............. ~-'~--~ ~0~'~-~ O G E R "-~ ........ 1,000 1,000 128.-3-1~.5 CSX PAULEY KENNETH & SUSAN 1,000 1,000 ~3- 13 ......................... ~-'~k~N~ ~[~--JOS EPR-~ ~ ~00 4.400 128.-3-14 C QD MCCARTHY PATR[C[A 800 I 28.-3-16 128.-3-18 I 28 C RP KARDA PHILLIP C & 800 -~KM~CEER--'B~EN~COL 1,000 C TB HOYT FRANCIS P ~ WF 800 ---- C T~ }oN~S--FLOYD ............ E ~'~'~'0 C NX MEYN CATHERINE M 800 C PM YO~--J~N--~ WF 1,000 3,300 6,600 3,300 6,300 4,200 ...... 6~OO 128.-3-22 C PJ ROBINSON SHERWOOD S WF 1,~00 CNW CONGDON ALAN E 128.-4-2 COP CONNELLY JOSEPH S & WF 900 128.-4-4 C O~ NELSON MATTHEW KAR ~ G 800 ~1~8.-~-5 -- ~qU~ONGDON PATRICIA-W ........... 128.-4-6 C RN CONNELLY JOSEPH S & WF 100 -~'~-? C SG SCHMITT CHARLES 1~-~0 128.-4-8 C SZ KAR CLAIRE 700 '~8;-~-9 C T~O~MILE ~ENRIETTA ~ ...... 800 128.-4-10 C NV SILBER BRUCE A ~ 400 t'28;';4;!2 ............ ~--~C~NEL~PH S ~ WF 800 9,700 8,200 4,600 2,400-~ 2,700 100 6~700 2,800 2,600 3~6-0-0~ "~'QA KENNELLY THOMAS F & WF 800 ~ S~BARTOLAC~[--A--'R -~'-VAL~R- 800 C TH MCGOWAN MARGARET 500 "i~-'-R-M-M~R-M ~-L~ HENR1E TT A A ...... 300 ~ SF MORMILE ARTHUR ~ WF 700 C ~Y GRASSI ARMAND~ &-JACQU ' 1,50~0 ~ TR BRUSH HOWARD M & WF 1,500 '~'C--O'K--S-T E F-F-E N · HE N ~Y-S'--& -~F ~---~ON ALEXANDER ER~ & WF 1,200 -.~-'~' -~-~- -'~- ~-A-~ 'S I '--ARM A'N D'O ' - E'--~,~ F 3, O O O' C ~V GOODWIN RAYMOND T & AN 1,200 C QS POTDEVIN ROBERT A & WF 3,000 C RL WALL-~-I~F~EDER~[i:-~- J 3;-4-00 C SE DOHERTY ANNA MARIE 1,300 ........ CSX MCA[[ISTER---C-D JR & WF ....... 2,100 C OM REEVE GEORG[E S 900 - --C'--~'#-W'ILL-I-AMS--RAY -S--'& KAREN ..... 1 C PY KENNEDY EDWIN B WF ~--~'~N M~RTiN C ~WF C RK TOWN OF SOUTHOLD ..... C--5 ~ ~EYOUNG'-~RUCE C SW ~AUNSTEIN ELLEN M 1,000 1.OOO 100 l~-OOO '1,000 3.$00 ~0---- 1,100 3,300 6-;700-- 6.700 -6.70D-- 8,700 1,200 i0; 1'00~ 7.400 9,6-00 -- 7,100 5~'4-00 -- 900 6~600 -' - 6,~00 Z~200 -- 100 6; 5,000 7~00 PAG-E tOTALs - SI~ARCE~S CACT'IVE) SCaffOLD TOW~ BOARD OF APPEALS J:)ee~nber 14f ~961 A r e~ular neef~tng o£ tho Soul,old To~n Board of AppeBIO ~us held 7,30 Poll.. Thursday. Deceuber 14. 1961 a~ ~he To~n ~Xerk O£f~Lce0 Main ~omd, ~outhoXd, M YOrk° Aboent~ ~er~o ;co~en. Jr. ~L:I~ ~O~ Appeal Ho. 423 - V~pOu appL1c&2~tou of Ill, S~s 303, ~ 3~, ~ ~s~ to ~ fringe and se~ on ~y ~l~rd. ~ ~d ~8t ~ h. Pl~vAciua. Fee ~M ~IS. 00. Th2o hear~n~ u~8 opened Bovember 30. 196X but recessed to th~s date as no one appeared to speok for the application and answe~ ques~ono of the l~oo~d. Sou~hold ~n ~om~d o£ A~emls -2- ~e ChaAA~an read the legal notice of the hea~ing and the a~9~lcatXon £o~ a va~Annce. ~he chairman ala~ read the letter to the Md t~mm t~. Xmm~e dated December 6, that is not permitted since he ~0uXd be leaving au 8S £t. lo~ and a IS £t. lot. ~R. ARNOLD RBX~LY: The ad]oAnAn~ lot to the bast has three homes on It and it tm the sams area. All tho IMMures are on lots almA/ar to this with ~wo or mozm houses An au oxes this ones px~mbly be art'-ached to the house and the house would be mp~Ammt~ly 100 to 15~ ~t. h~J~ Day E~c~leva~d. ) (There was no response. ) After investigation and inspec~ton the Dmrd finds that this lot is part o£ land ~*zonting 100 ft. o~ Peconle Bay Boulevard and extending 51o ft. mo~e or less to Great Peconlc Bay. The survey warn completed June 26, 1951 and three leto were laid The applicant propomeo to lay o~t ~ lots each approximately 300000 sq. £t. ~,lth 100 ft. frontage. The frontage of the southerly lot is on an exls~ing right-of-way. The a~:rpltcant applied for a varAance to permit hlm to reduce the Boulevard ftontage to OS ft. and consider the X$ ft. paved z~ght- o~-way as ~ of tho southegly lot. Due to a misunderstanding on the paz~ of the owner and the butlder thA~ ~s not a %oquAxement :tn the OrdAnance. These lots Sour, hold 'Iown ]~oa~d o£ Appeali] -3- L~ecembe~ 14~ 1961 were In existence be£ore the e££ective da~e of ~he ordinance. On mo~,lon of M~. Gllltspl~0 seconded b~ I~'. Gr~mtl~, It ~ RESOIA~D that, appllca~.tm~ of Cbxlstlan F. ~ be d~nled fo~ decrease of fro~*.age and sl~e Ma~d. L,o p,za~tcal difficulty or unnecee~y ha~d~hlp haB been found. Application £o~ a variance was made because of a mlsread/ng of t~e Ordinance. Vote of the Boa~d: A:~eaz- Ro~nbe~g, and Mx. ~he ~Lnu*:e8 o£ ~e meeting o~ ~ovemJ~r 30, 1961 on motion of Mr. Gllltap~.e, ~econded by t4r. Aosen~erg, ~mre approved as submitted. Vote of ~be Board~ A:y~eJ- %~. Gllllsple, AL~. ]~e~gen, ~. Rosenberg, and ~/~. Gr:Lgot11~o The next ~eetAng o£ the Sou~old Town Board of Appeals wlll be held 7~30 P.~4., Thursday, ~anu~ry 4, 1962, at the Town Clerk office, ~,~ai~l Road, Southold, l;~w York. on motion c~l~z~ Bergen, seconded by ~4r. l~osenberg, lt. w... RESOLVL~D that the Board of ~%p~eals ee~ 7~30 P.~ ~.S.T.), ~urs~y, Janua~ 4, 1~2, T~ cl~ Offlce, ~ N~ Yo=~ ~ ~ ~ ~laco for h~g u~ a~A=a~lon of ~ accor~e wi~ ~ ~g Or~n~. ~t~le XXX, Soctt~ 303 east by ~. Ua~sa~. ~ou~ by ~se~ Avenue ~ Vote of the Board: Ayes,- :~r. Gilltsple, ~4X. Bergen, Mr. I~senberg, and ~r. Grigonis. ~ ~as further I~SO~V~D tha~ .legal notice of hea~lng be publishedin the officlal newspa]~er on December 29, 1961. Meeting adjourned at: 10=30 P.M. Respectfully 8uhu~tt~d, MATTmJCK LIO R-ao R-80 GREAT PEGONIC BAY ~;~:;; ................ :;;:;:c-;;;;:;~;,;-;;--,~X,,,,__.~..,, ..... ,, ................. :;:-;;:;:-;;, ........................ _ ~s~ ............................................ "'[:';--~ ................... ~-;-'-;;-;;:--:--:~-~:~,.z::::-~r---:~:r::--~:--:::~.:-.~. ........ 71~-;;;'~ ......................... ;;;X;:;; ........... '-.'-;;;;;[;';;;;;;';:;;--*---,~:~,:~:-*::,, .... ,,::::, .... ~ ........ ;;-;;;-;;; ........................... ....... . ..................... ~IDGEWOOD NJ ...................................... HACKEN~K NJ 37601 .................................. ................... L~ ~L ~Y ~1~ .............................................. ~ ............................ ~ ........................................................ § 100-243 SOUTHOLD CODE § 100-244 § 100-243. Nonconforming buildings with nonconforming uses. A. A nonconforming building containing a nonconforming use shall not be enlarged, reconstructed or structurally altered or moved unless the use of such building is changed to a conforming use. B. A nonconforming building containing a nonconforming use which has been damaged by fire or other causes to the extent of more than fifty percent (50%) of its fair value shall not be repaired or rebuilt unless the use of such building is changed to a conforming use. § 100-244. Nonconforming lots. A. This subsection is intended to provide minimum standards for granting of a building permit for lots made nonconforming or continued in a state of nonconformance by the adoption of this Article and that were singly and separately owned as of the effective date of this Article. B. A nonconforming lot separately owned and not adjoining any lot or land in the same ownership at the effective date of this Article and not adjoining any lot or land in the same ownership at any time subsequent to such date maY be used, or a building or structure may be erected on such lot for use, in accordance with all the other applicable provisions of this chapter, provided that proof of such separate ownership is submitted in the form of an abstract of t/tie showing the changes of title to said lot, which abstract shall be i{~ the usual ' form, shall be certified by an attorney or a company regularly doing such work in Suffolk County or by a corporation duly licensed to examine and ensure title to rea] property in Suffolk County and shall contain a certification that no contiguous property was owned by an owner of the property involved since the date of any previously applicable Zoning Law. Such lot shall be granted relief for front side and rear yard dimensions as follows: 10144 2-25-89 ZONING § 100-250 C. In the case of single and separate ownership of a nonconform- ing lot located in a subdivision plat, approved after April 9, 1957, by the Planning Board of the Town of Southold and filed with the County Clerk of Suffolk County, relief for all front, side and rear yard and area dimensions shall be granted to the extent that such front, side and rear yard and area dimensions were required at the time the map was originally fil~ed with the County Clerk of Suffolk County. § 100-245. Repairs and maintenance. Notwithstanding any of the foregoing regulations, nothing in this Article shall be deemed to prevent normal maintenance and repair of any building or the carrying out upon the issuance of a building permit of major structural alterations or demolitions necessary in the interest of public safety. § 100-246. Involuntary moves. Sections 100-241A and B and § I00-243A herein are not ir~tended to apply to involuntary movements of uses or structures as a~result of condemnation actions or other litigation. ARTICLE XXV Site Plan Approval [Added 1-10-89 by L.L. No. 1-1989; amended 5-23-89 by L.L. No, 9-1989] § 100-250. Applicability. . This Article shall apply to every land use that is permitted in the Town of Southold except the single-family home use on a single and 10145 · = MONUM~NI' YOUNG & YOUNG 400 OSTRANDER AVENUE, RIVERNEAD, NEW YORK ALDEN W. YOUNG HOWARD W. YOUNG SURVEY FOR: ERIC ALEXANDER 8 MARY AT LAUREL SOUTHOLD SUFFOLK CO., N.Y. sc^-E: /"= 40' DAT,~: MAY 29, BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter ol the Petition of : Eric & Mary Ann Alexander : to the Board of Appeals of the Town nf Southold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board nf Appeals of the Town of Southold to requesta (Variance) (5pecia[I Exception) (Special Permit) (Other) [circle choice] Variance 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: North - Peconic Bay Blvd., East - Mormile - Kennelly South - Stephens, West-grassi 3. That the property which is the subject of such Petition is located in the following zoning district: R-40 :~ 4 Thalh~ such Pelilion, the undersigned will request the following relief: An addition to my home. Relief is needed because the proposed addition would have a sid~ ~a~d set back of 4' 8" $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article XXIY Section 100-244, B [ 3% Section 280-A, New York Town Law for approval oq: access over right(s)-of-way] 6?That within five days from Ihe date hereof, a written Petition requesting the relief specified above will be filed in,he Southold Town Clerk's Office at Main Road Southold, New York and you ma), then and there examine tile same during regular office hours. (516) ?~5-L809. 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 rlght to appear and be heard at such hearing.Dated:. / /~.-~ /f //. / . ~~N~ ~~_ Petitioner Owners'Names: Eric & Mary Ann Alexander Post Office Address 4580 Peconic Bay Blvd. Laurel, N.Y. 11948 Ye]. No. ( 516 ) 298-8231 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NAME ffROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS /~,,~.c~_ ~,,-~ , being duly sworn, deposes and says that' On the ~ day of ~',,~.,'z,"~*~T' / ,19 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 at the addresses set opposite thmr respective. names; that the addresses set opposite the names of said persons are the addresse~ of said persons as shown on the current assessment roll of the Town of Souzhold; that said Notices were mailed at the United States Post Of- fice at ~ ~'~x'~,~-~'7',~ / ; that said ~ere mailed to each of said persons by ~) (registered) rr~ail. Sworn to before me this ?~ ~' day of J*--,~*-~.e,--~_ ,19 7/' Notary, Public (This side does not have to be completed on form transmitted to adjoining property owners.) II ,