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HomeMy WebLinkAbout4026 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 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 ACTION OF THE BOARD OF APPEALS Appl. NO. 4026: Matter of JAMES AND PATRICIA BOYLE. Variance to the Zoning Ordinance, Article XXIV, Section 100-242A for permission to enlarge existing nonconforming accessory structure, 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. WHEREAS, a public hearing was held on June 7, 1991, and 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: 1o The premises in question is a corner lot with frontages along the northerly side of Main Bayview Road and the easterly side of a private road (referred to as Shellfisher Road) in the Hamlet and Town of Southold. 2. The subject premises is identified on the Suffolk County Tax Maps as District 1000, Section 79, Block 05, Lot 20.5, consists of an area of 41,300 square feet, and is improved with a 1-1/2 story frame dwelling and accessory swimming pool and carport structures as shown on the September 8, 1986 survey prepared by Peconic Surveyors, P.C. Page 2 - Appl. No. 4026 Matter of JAMES AND PATRICIA BOYLE Decision Rendered June 7, 1991 3. The carport/garage structure as exists is shown on the 1986 survey to be situated approximately 31 feet from the front property line along North Bayview Road amd 62 feet from the easterly property line. 4. For the record, the following information is noted: (a) Article III-A, Section 100-30A.4, and Article III, Section 100-33, provide that accessory buildings be placed only in the required rear yard; (b) Article XXIV, Section 100-242A provides that enlargement of a nonconforming building with a conforming use may not be increased as to the degree of nonconformance. 5. The garage structure is proposed to be converted from a carport to a 24' x 24' accessory garage building with gable roof at a total height of 17 feet from average grade and will be used for storage purposes incidential and accessory only to the residential use of the principal building. The expansion, which increases the nonconformity in the front yard area, is approximately four feet around the periphery of the entire existing garage/carport structure. The setback from the front property line along North Bayview Road will be reduced from the existing 31+- feet to not less than 25 feet. 6. It is the position of the Board in considering this application that: (a) the circumstances are uniquely related to the land and buildings and are not personal in nature; (b) the relief is not substantial; (c) the relief as granted will not alter the essential character of the neighborhood; (d) the relief requested in not unreasonable; (e) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town, or be adverse to neighboring properties. Accordingly, on motion by Mr. Villa, seconded by Mr. Goehringer, it was RESOLVED, to GRANT a Variance for permission to convert existing carport/garage structure located partly in the side yard and front yard areas to an enclosed garage by the four-foot expansion of building footprint, leaving a reduced front yard Page 3 - Appl. No. 4026 Matter of JAMES AND PATRICIA BOYLE Decision Rendered June 7, 1991 setback from the north side of North Bayview Road at not less than 25 feet, as applied and SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the accessory garage structure be used strictly for storage and garage purposes, strictly accessory and necessarily incidental to the main residential use of the premises, and shall not be converted into residential or habitable quarters; 2. That the garage structure not exceed 24 feet x 27.2 (28) feet in size, as applied; 3. That no interior plumbing facilities shall be installed; 4. That electric facilities may be installed; 5. That the garage structure not exceed 17 feet in height with a gable roof construction, as applied and filed for consideration under this appeal. Vote of the Board: Doyen and Villa. was duly adopted. lk Ayes: Messrs. Goehringer, Grigonis, (Member Dinizio was absent.) This resolution i: ;CEIVED AND FILED BY YHE SOUT~iOLD TO%YN DATE ~//~/~ HOUR ~.'¥~ To_~wn Clor~, Town of Southold 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 - 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.  :35 p.m. appl. No. 4026 - JAMES AND PATRICIA BOYLE. Request~ or variance to the Zoning Ordinance, Article XXIV, Section / 00-242A for permission to enlarge existing nonconforming / ccessory building, located partly in the side yard and front _ ard areas on this corner lot. Zone District. Agricultural 1 _ Conservation (A-C). Location of Property. 10205 North Bayview ~ Road and the Easterly Side of a Pri~ate Road, Southold, NY; County Tax Map No. 1000-79-5-20.5. Page 2 - Legal Noti~ Hearing for June 7, 1991 Southold Town Board of Appeals 7:40 p.m. Appl. No. 4025 - ESTATE OF JENNIS HARRIS by Robert Taylor. Request for a variance to the Zoning Ordinance, Article XIV, Section 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 No. 1000- 96-1-18.1. 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, Town of Southold, NY; County Tax Map No. 1000-41-2-12.1. 7:50 p.m. Appl. No. 4024 - RONALD STRITZLER, M.D. Request for variance to the 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. 3 - Legal Noti~ 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, 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 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 Delivered 5/14/91 L.I. Traveler-Watchman For Publication Town Clerk Bulletin Board (lobby) ZBA Board Members and Files FORM NO, 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TO~VN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date..~...~.. ................... 19 ?.~... County Tax Map No. 1000 Section ..... .~r~. ...... Block .... .~.. ....... Lot .. ~-zO/,,~- Subdivision ................. Filed Map No. : ............... Lot No .................. · 7 ........... : ' .... .............. ~.~'... .'" ~~~ 4~ ~ ..... RV 1/80 .... ,,..:, · FORM NO. 1 ' '" " TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1802 Examined ·..~$~t"~.*.~-.., 19 Approved% .?' . .l~v.. · .2:..~, 19~¢ Permit No./.~: .~../.o...~. Disapproved a/c ..................................... (Building Inspector) APPLICATION FOR BUILDING PERMIT Received ........... ,19... Date . ~/./d~. ............. 19 .oe3.. INSTRUCTIONS a. Tlfis application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 2 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli. cation. c. The work covered by this application may not be com~nenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permi~ shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to thr Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and te admit authorized inspectors on premises and in building for necessary inspections. ...... ......... (Si/g/{ature of applicant, or name, if a corporation) .../.~.~... ~.....~,.,. ~ .~'.,.~ .~.:. (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. Name of owner of premises . .~-~ .tq.v.c4...~.. ?,47. .T .R [ .~ !'.~...~.~2./-. ~ ......................................... (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No... ~ .............. Plumber's License No ......................... Electrician's License No ....................... Other Trade's License No ...................... Location of land on which proposed work will be done .................................. . ................ ./. 0.2. 0.,57. ................. .tO.,. ~ .*.y.w.g..~..' .~.O .............. .5'o.~7.r/~.~..D. ...... ~ ............. llouse Number St reet Hamlet County Tax Map No. I000 Section .... .(~).7..~. ....... Block ... ~.~. ........... Lot...~ .~.% / ......... Subdivision ..................................... Filed Map No ............... Lot ............... (Name) State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy . .pt~ { ~dSt..~.)4....~ .-[?.....~.~ ...... '-~/.~.q'~....~.~ ¢ ./4 ~.~.s)~. ~'. ...... b. Intended use and occupancy .~...~. ~ - ~(" --~ 3. ' Nature of work (check which applicable): New Building ' Additi~: ....... Alteration ......... Repair .............. Removal .............. Demolition .............. Other Work..O..~.c. ~'..... (Description) 4. Estimated Cost ................................. Fee .................................... · (to be paid on filing this application) 5. If dwelling, number of dwelling units ............... Number of dwelling units on each floor ............... If garage, number of cars ............................................................. : ......... 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use .................... 7. Dimensions of existing structures, if any: Front ............... Rear .............. Depth .............. Height ............... Number of Stories ....................................................... Dimensions of same structure with alterations or additions: Front ................. Rear ................. Depth ...................... Height ...................... Number of Stories ..................... -8. Dimensions of entire new construction: Front ............... Rear ............... Depth ............. Height ............... Number of Stories ...................................................... 9. Size of lot: Front Rear ............................................ Depth ..................... 10. Date ofPnrchase . ./.O./~..O/.g..c) ................ Name of Former Owner . ./~.t,{ ~.8d..~..O77'Ot ..~.5'. ....... 11. Zone or use district in which premises are situated ................................................... 12. Does proposed construction violate any zoning law, ordinance or regulation: ... g~. C)...' ................... 13. Will lot be regraded ..... .~. O ................... ~3Vill excess fill be removed from premises: Yes /haG.' 14. Name of Owner of premises ~P.t~6$..§ ?. ~/]-Tt~iO.*.C.q~J~dress . ~.. ~.d'.)/.oi ~?..i~D.... Phone No. 7.657. ~..qPf .7...'7 Name of Architect ........................... Address .................... Phone No ............... Name of Contractor .......................... Address .... : .............. Phone No ............... 15. Is this property located within 300 feet of a tidal wetland? ~Yes ..... No .~(,.. ~'If yes, Southold Toxm Trustees Permit maybe required. PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate ail set-back dimensions fro~ property lines. Give street and block number or description according to deed, and show street names and indicate wheth interior or corner lot. STATE OF NEW YORK, COUNTY OF ................. S.S ................................................. being duly sworn, deposes and says that he is the applica;~. (Nazne of individual signing contract) above named. He is the ........................................................................................ (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file tiff application; that all statements contained in this application are true to the best of his knowledge and belief; and that th work will be performed in the manner set forth in the application filed therewith. Sworn to before me this /£ ........................ day of .... ~ ........... 19... Notary Public .... ~. ..... .eS. ..... County ,'7 _ ~. 47~TI.h'~kCa~,~.~ ,l (Signature of applicanG TOWN OF SOUTI~OLD, NEW YORK RECEIVED APPEAL FROM DECISION OF BUILDING INSPECTOR /~' ~ ,q.Pl, APPEAL NO. ~-~ (~ APR ~ 6 19~}1 DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN OF s(~ljllJJll~,J'jl,l~'~'.CJerk ~, (We~ ....... ~.~/..4..¢.....of .,..~..~. ...... =..<:..... .......... , ........ ........ ................. Name of Appellant Street and Number .......... ..~..~...c/7~.~.~..~... ................................................................... ..~..~...~.'. ......... HEREBY APPEL TO Municipali~ State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ..~.~ .¢~ .. ~..;~.~.~.:..~. L,t..../~.~. ~..~ .~ .................. Name of Applicant for'permit of o,~o . ~,~,, :~0 ~..q,~l.'-'h.~,-~ ~-Y. ./., ....... £..~.~.~. ............................................................................................. Street and Number Municipality State ) PERMIT TO USE ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY /.~..~....~...~....~..:...~.~...~......~..O.........,.~.f?..~..-~'.~..?...~../.?.. ........................... Street /Hamlet / Use District on Zoning Map District 1000 Section~ Blocko~-Lot~o~,~--~ - ................................................................................. burren: Owner ,~r~-~ Map No. Lot No. Prior Owner /~_¢~e~ 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article .~_~. Section 3. TYPE OF APPEAL Appeol is mode herewith for (please check appropriate box) (~/) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Law Chop. 6~ Cons. Lows Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (has((has not)~been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ()<~ A Variance to the Zoning Ordinance ( ) is requested for the reason that ~j~ ~'~ ~- ~'orm ~! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION.OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because Ol~l~-jlO.,4~, ~-'/II~E-,../ ,-,c41L~- 0~'~ 5-0 /~/~,,~R~r 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 CHARACTER OF THE DISTRICT because STATE OF NEW YORK ) } ss COUNTY OF ) Sworn to this ...... ~.~.~..q( ........................... day of .......... Notary Public LINDA J. COOPER Nota~ Public, State of New Yo~ No. 4822563. S .uf~folk,..Cou. ~nty G ~ Term Ex~ires Decenmer ~1, ~. -- TOWN OF $OUTHOLD PROPERTY RECORD CARD . OWNER STREET VILLAGE DIST. SUB. LOT E~ .$ ~'~ ~).~ACR' FORMER OWNER '~ N~- ~ ~l"~Ir~,~-(- S W CODE DATE OF CONSTRUCTION ~ND IMP. TOTAL DATE R~RKS~ ~' ~ ...... · ; Tillable FRONTAGE ON WATER W~lond FRONTAGEON ROAD ~' ~ = J~lO Meedowl~d DEPTH H~ Plot BULKH~D Extension Extension Extension ~Deck Garage Oo Bo Foundation Bath Basement Floors Ext. Walls ~ ~ Interior Finish Fire Place ~i Heat Pool Attic Patio Rooms 1st Floor Driveway Rooms 2nd Floor I $.= LLFI SH£R RO A D ~ (PRIVATE ROAD } I , ~.~oo~,.oo..~. ~ ~oo. oo. ~,~ - ~ ff .~ff ,- . I ' · ~" F ,,..' 'f ~/~. ~'~ I, I~ I *o*o~ ' ~ ~ . SURVEY FOR /-~~__ _~ '~-%:~ ~'~'~F'~RP, SUFFOLK COUNTY, N.Y. /( 5/~T~~~20 ' P A TRICIA BOYLE --- : ..... /P. o. ~ APR 2 2: F~EMOST ABSTRAC~ INC. SCALE I'= 40' ~MAIN RO~D , 093151 SEPT. 8, 1986 ISOUTHOLD~ N.Y. 119~1 ~ ' SEPT. 23,1~8~ / ( .......... , APRIL DE:PARTM~'N? OF PLANNING COUNTY (~F' SU'FF(~LK PATRICK G, HALPIN SUFFOLK COUNTY EXECUTIVE 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) ,~otate of Jennie Harris and Robert Taylor yle, James and Patricia Kyriakoudes, Charles and Angela Estate of Charles Morgan 4025 4026 4029 4031 Very truly yours, Arthur H. Kurtz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grlgonis, 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 Pursuant t'o Article XIII of the Board the Town the Suffolk X of Appeals of following Variance Variance __ Special Special Permit Suffolk County Charter, the of Southold, New York, hereby refers to the County Planning Commission: from the Zoning Code, Article XXI~' SectionlOO-242A from Determination of Southold.Town Exception, Article , Section Building Inspector. X Appeal No.:4026 Applicant: James and Patricia Location of Affected Land: 10205 North Bayview County Tax Map Item No.: 1000- 79-5-20.5 Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway,'Nighway, Boundary of Existing or Proposed County, Boundary of Existing or Proposed Other Recreation Area County, Boyle Rd.and E/s of Pvt. Rd.,Southold NY Thruway State or Federally Owned Land State or Federal Park or or COMMENTS: forming Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Wh'ich The County Has Established Channel Lines, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. Applicant is requesting peKmission to enlarge existing noncon- accessory structure located partly in the-side and front yard areas on this corner lot. Copies of Town file and related documents enclosed for your review. Dated: June ll, 1991 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 ~'/! , Lq~;.~' BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 June 11, 1991 Mr. and Mrs. James Boyle 10205 North Bayview Road Southold, NY 11971 Re: Appl. No. 4026 - Variance for Garage Expansion Dear Mr. and Mrs. Boyle: 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, Enclosure Copy of Decision to: Building Department Linda Kowalski TRANSCRIPT OF PUBLIC HEARINGS HELD ON JUNE 7, 1991 Appl. No. 4026 - JAMES AND PATRICIA BOYLE The hearing opened at 7:35 p.m. The Chairman read the legal notice for the record and application before receiving testimony. CHAIRMAN: Produced by Roderick VanTuyl, P.C., most recent date is October 25, 1988 and pinned in on this survey is the nature of this application. ?grabbed the wrong file and have Jennie Harris' which is the next appeal. I apologize. Pinned in on the application is the elongation of the carport which is present adjacent to the one story garage. Are the Boyles here? How do you do. Could I ask you to use the mike if you wouldn't mind sir. Is there something you would like to state for the record? Can you just give us an indication of why you want another gagage or an addition to the garage. JIM BOYLE: Nell this is a one car garage, small,and I have a carport on the side and would like to make a nice garage and carport. CHAIRMAN: The present garage is 21 feet 2 inches and I notice that you have drawn the line a little past closer to the road. What is the actual size of the gagage going to be then? JIM BOYLE: I have it written down there, I'm not too sure what they are. CHAIRMAN: O.K. Would it be about 24 feet in depth. JIM BOYLE: Approximately 24 feet. CHAIRMAN: The length of it I notice is 12'2" and you're §oing ~ l~it~l~ibit past the carport. JIM BOYLE: Right. 3 feet. CHAIRMAN: Three feet past the carport. Approximate. JIM BOYLE: Three or four, I'm not sure which. CHAIRMAN: I have the map but there is nothing written in on it. May be you want to take a look at it. The only reason why I ask isbecause I want to have it for the decision. Take your time. Page 2 - Appl No. 4026 James and Patricia Boyle Hearing Transcript of June 7, 1991 MR. BOYLE: It is going to go three feet forward and four feet to the side. CHAIRMAN: What is the approximate size of the carport, do you know? MR. BOYLE: 12 x 21. CHAIRMAN: It is 12 so it is going to go 15 then. O.K. This will be a one story structure. MR. BOYLE: Yes. CHAIRMAN: What is the approximate height of the ridge? Do you have any idea? MR. BOYLE: Well I know it has to be below you know no more than 18'. CHAIRMAN: O.K. then if it is a one story it should be no higher than 12'. Do you think it will be higher than 12'? MR. BOYLE: Yes, I think it will be over 8 to 12 feet. CHAIRMAN: Do you want to give us a guess. MR. BOYLE: A story and a half. CHAIRMAN: So you are going to have storage upstairs. MR. BOYLE: I don't know if ~will really have storage up there. It is going to have rafters in the roof. CHAIRMAN: What would you suggest in reference to a height situation if we were so willing to grant this variance? As an example, would you say 15'? MR. BOYLE: 15', 17' possibly 18'. CHAIRMAN: O.K. Because if it is going to be 18' it is going to be a two story garage. Really, or a story and a half. You want to give us a call and let us know exactly what you think the height is going to be. MR. BOYLE: Sure. CHAIRMAN: Would you mind doing that becasuse then we will know exactly what we're going to put into a decision here. Alright. This garage is only going to be used for dead storage. The storage of cars, lawmowers and other paraphenalia. Thanks so much Mr. Boyle. Is there anyone else who would like to speak in behalf of this application? Anyone like to speak against the application? Seeing no hands, any questions from board members. No. 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 much 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 ganage, 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) NOTICE IS HEREBY GIVEN; pmsuant to S~,tion 267 of th~ Tow Law and ~he.~,s4~-4hc T..~.n of $outhold. the foBowlng pubEi hea~ init will be held by the SOUTHOLD TOWN BOARD OF APpEAI~q at the Southold Town HaH, Main Road, Soutbuld, lqY 119./1, on FRIDAY, IUHB ./, 1991, commcnclng at the times specifed below: '/:30 p.m. Appl. No. ~028 - RICHARD OLIVERI. Req~st for variance to Ole Zoning Ordinance, Article 11I, Section 100-32 for per- mission to locate new principal dwelling structure with insufficient ~ar and side yard setbacitt. Zone Dis- trict: R-80. Location of Property: Westerly Side of Crescent Avenue, Hsber~ Bland, NY; ~ Ta.~ Map Dimlct 1000, Seciinu 6, Block 6. Lm .5. 4026 .~ lAMBS AND PATRICIA BOYLE. R~uest for variance to the Zoning Ordinance. Article XXIV, Section I00-~42A for permi,io~ tu exisdug nonconforming accessory. building, located pertly in the tide. yard and f~mt y~rd m~as c~ this cee- ncr lot. Zone District: Ag~icuhurel Conservation (A-C). Location of Pl~peny: 10205 No~h B w~iow Roods, and the Easterly Side of a Private Road, Southold. NY; County ./:40 p.m. Appl. No. 40~ -~, ESTATE OF JBNNIS HARRI~ Becalm 100-142, 100-141, 100-24lA, for permission to e~la~ge existing nenc~fo~ming d~,ni-.- in Ods ~ lndumiel (LI) Zone Dimict ~ propped eddidcu having ins~ffi~mt ride and f~nt yaxd setha&s, Lo~afion of Property: 21'/55 Coun~ Re~d 48, 1~00-96-1-18. L '/:45 p.m. AppL No. 402'/ - HAI~EY A. STAPLF~. Request fo~ variance to the Zoning Ordinance, Aniele XXV~, Sectlon et winch is n~c~fonning and ha~ ne~ been held in single and separate ownership as e~sts slnee Apil~ 195'/. Lm i~ non~nforming, has, ins a ~ 1~ a~a of 3~,668 sq. fc and ft. frotu~ge (width) along Middleton Road in the Hamlet of Greenport, Town of Setuhold, NY; County T~x Map No. 1000-41-2-12. L 7:50 p.m. AppL No. 4024 - . RONALD STRITZLER, M.D. R~quest for variance to the Ordnance, A~iele I~. Se~ 100-33 for permission to locate accessory than the requi~ed rea~ yard. Zone l~- trict= R-gO. Location of Property: 3055 So~ndv~ew Avenue, M&ttimck~ NY; Ce~mty Ta~ Map No, ~4. 7:55 p.m. Apl>]. ~o. d029 - CHARLES ANI~NGELA KYRL AKOUDB$. Reque~or variance to the Zming Ordinance,~cie Sectim 100-2~.4B for permisskn to fence enelos~ and po~on of deck- ins which will be located within '/5 feet from the existing bulkhead, ted. with n dlstance ,d, own at 75 feet f~m the rip-rap which is betwem the bulk- heed and the m~n hi~hwate~r mark of Soudmld Bay. Or, m inle. q.~ -'~_ ~,,q ~ -tic~ady whe~ mote d~n tn~ e~ists.) Zone District: R-40. Location of Property: 142~ IOmberiy Lane, Somhold. NY; Cou~y Tax Map No, 1000-70-13-20.9. 8:00 p.m. AppL Nos, 401IV and 4010SE - Requests by JOSEPH AND LINDA FISCHETTI concemin$ property known as 255 Oaklawn Avenue, Southold, NY; Cmmty l~p No, 1000-61-3-3 loc (l) a Spe- clal ~xce~don to the Zoning Ordi- of Appeels ~mder Article VIL Section lO0-?l, and, (2) if nec~s~y, · vari- ance ~o establish professional ~md bus.e. ~ use m ~ 11,6~6 sq. h. noncc~o~ming p~ceL Z~ Dis- uicc E~del-Office (RO). The Bored of Al~.oeels will at sald thee ami place hear any ami -11 per- prior to the concludoo of d~ subjec~ bearing. ~ach hcafini will no~ s~r~ For more information, pin.e call Da~cd: ~my 10, 1991. BY ORDER APPF. AI~ G/~.ARD P. GOEHR~GER CHAIRMAN 7062.1TM23_ : STATE OF NEW YORK} )SS: COUNTY OF SUFFOLK} said County, being duly sworn, says that Ira/she is Pgnolgnl Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattltuck~ In fha Town of ~oulhoM, County of Suffolk and State of New Yo~, and that ~ ~o~e of which tim annexed is a printed copy, has been r~ publis~ed In said Newspaper once eaoh week for f weeks s~c,o~ssively, comme.Q~ing on tho ~-~'~ day of Principal Clerk Sworn to before me this DORIS U,~E HARRISOR N/~,~'y I:~ St~e of t~ Y~ o. 5~6 - ~k NOT1CE OF HEARINGS NOTICE IS HEREBY GI¥ EN~ 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 Or- I d nance, 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:vc 7:35 p.m. Appl. No 40"2'~-- J~AMES AND PATRICIA BOYLE. Request for variance to /he Zoning Ordinance, Article XXIV, Section 100-242A for permission to enlarge existing nonconforming 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, Southold, NY; County Tax Map No. 1000-79-5-20.5. ~-' '""7:40 p.m. Appl. No. 4025- 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 Light Industrial (LI) Zone District with a proposed addi- tion having insufficient side and front yard setbacks. Location of Property: 21755 County Road 48, Cutchogue, NY; County Tax I Map No. 1000-96-1-18.1. 7:45 p.m. Appl. No. 4027- HALSEY A. STAPLES. Re- quest for variance to the Zoning Ordinance, Article XXVIII, Sec- tion 100-281A(7) for permission to construct new principal dwell- ing structure upon premises which is nonconforming and has not been held in single and separate ownership as ealstsi since April 9, 1957. Lot is non- conforming, having a total lot area of 33,668 sq. ft. and 25. ft. frontage (width) along Mid- dleton Road in the Haralet of Greenport, Town of Southold, NY; County Tax No. 1000-41-2-12.1. i ( 7:50 p.m. Appl. No. 402J,- RONALD STRITZLER, M.D. Request for variance to the Zon- ! lng Ordinance, Article III, Sec- i tion 100-33 for permission to~ locate accessory tennis court: structure in an area other than ! the required rear yard. Zone District: R-80. Locat on of Pro- percy: 3055 Soundview Avenue, I Mattituck, NY; County Taxi Map No. 1000-944-14. I 7:55 p.m. Appl. No. 4029-I CHARLES AND ANGELA:t KYRIAKOUDES. Request for variance to the Zoning Or- dinance, Article XXIII, Section 100-239.4B for permission to locate portion of inground pool with fence enclosure and por* tion of decking which will be located within 75 feet from the existing bulkhead, and with a distance shown at 75 feat from the rip-rap which is between the bulkhead and the meA~ highwater mark of Southold Bay. Or, an Interpretation as to I which structural point the 75 ft. setback requirement shall be from (particularly where mom than one structure exists.) Zone District: R-40. Location of Pro- petty: 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, percy known as 235 Oaklawn Avenue, Southold, NY: County Tax Map No. 1000-61-3-3 for: (1) a Special Exception to the Zon- ing Ordinance as authorized by the Board of Appeals under Ar- ticle VII, Section 100-71, and, (2) if necessary, a variance to establish professional and business office use on this 11,656~ sq. ft. nonconforming parc~l~~ 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 i prior to the conclusion of thei subject heating. Each hearing i will not start before the times designated above. For more in- formation, please call 765-1809. Dated: May 10, 1991. - ' BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN \~b By: Linda Kowalski 1X-5/23/91(62) COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood,' being duly sworn, says that she is the Editor, of ]'HE 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 .pul)lished in said Long Island Traveler-Watchman once each week for ..................... ./. .... weeks successively, commencing on the ......... ~~ . ,,$,..3,`../ Sworn Io heft)re mc this ..................... clay of Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, st?re of New York No. 4BOG846 Qualified in Suffolk Cotjntyt Commission [xpires APPEALS BOARD MEMBERS Gerard P. Goebxinger, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio. Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. If you or your representative should require more than 20 minutes to present your case, it is suggested that the extended presentation be submitted in writing at the hearing (if possible). Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. Yours very truly, Enclosure GERARD p. CHAIPdW3%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. ~f~r~ D.~- 45 Hampton Road Southampton, NY 11968 Steve Latham, Esq. ~ ~ Twomey, Latham, Shea & Kelley P.O. Box 398 33 West Second Street Riverhead, NY 11901 !r. and Mrs. James Boyle~ 0205 North Bayview Road outhold, NY 11971 Environment East, Inc. ~ ~-~£~ RR #3 - 3075 Indian Neck Lane Peconic, NY 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 , T~fPE 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. 4026 Project/Applicants: James and Patricia Boyle County Tax Map No. 1000-79_5_20.5 Location of Project: ]0205 North Bayview Rd. and E/s of Pvt. Rd., Southold,NY Relief Requested/Jurisdiction Before This Board in this Project: Permission to enlarge existing nonconforming accessory building, located partly in the side and front yard areas on this corner lot. 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 %~gpe II Actions. Pursuant to Section 617.2jj, this Departnnent is excluded as an involved agency. This determination shall not, however, affect any other agency's interest as an involved agency under SEQaA 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 26, 1991 ZONING APPEAL APPLIC. NO. 4026 - JAMES & PATRIClA BOYLE Transmitted herewith is ZONING APPEAL APPLICATION NO. 4026 - JAMES & PATRIClA BOYLE, 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 Appeals Questionnaire, a copy of the Certificate of Occupancy, a copy of Certificate of Occupancy Nonconforming Premises, a copy of the survey map, a copy of the deed, and sketches of planned garage addition. Judith T. Terry Town Clerk · ' [PROJECT I.Do NUMBER 617.21 ~. Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I~PROJECT INFORMATION (To be comDleted by APDlicant or Project sponsor) 1. APPUCANT/~PONSOR SEQR 3. PROJECT LOCATION: Municipality ./'~ C°promiaent landmarkCO~t~v~ide.~m~a~jalL' .~ 4. PRECISE LOCATION (Street a~tclress and roa~l intersections, P ag! S. IS PROPOSED ACTION: r~ New [~ ExDanslon [~ Modificat/onlalte~'atlon S. DESCRIBE PROJECT BRIEFLY: ?. AMOUNT OF I. AND AFFECTED: ~ Initially ~~ acres Ultimately acres ~] Yes [~ NO It NO, c~escribe brielly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? ~] Yes ~[].No If yes, list agency(si and permit/approvals DOES ANy ASPECT OF THE ACTION HAVE A CURRENTLy VALID PERMIT OR APPROVAL? 12. AS A RESULT OF PROPOSED ACTION WILL EXISTI'-'~G PERMIT/APPROVAL REQUIRE MODIFICATION? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: ~:~L~?,~_ /~/~ ~ ~ Dale: I Coastal Assessment Form belore proceeding with this asse-''~' - ~'~'= ,~jency, cOmPelete t~ I 1 (Co~t&~ued on ~eve~se s~e) Representing: Z~A ~/75 ==~he_N.Y.S. £nviro~mental Quality Rev= of =nzs :orm, and an enviro'nmental ~v~,~c~ requires submission before any action is taken. -~- -~ ue made by thi~ boar~ ~NSTRUCTIONS: (a) ~n~order :o answer the questions in this short EAF it is assumed that the Preparer will use currently available information concerning ~he project and the likely impacts of the action. It is not expected that additional s=udies, research or Other investigations Will be undertaken. (b) I~ any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. {o) If all questions have been answered No it is likely that the project is no= significant. (~) E~nv~ronmental Assessment .- i. Will project result in a large physical change to the project Site or physically alter more than 10 acres of land? 3. Will project alter or have a large effect on on adjacent sites? ~es WNo ?. Will project result in a major adverse effect On 8. Will project have a major effect on visual char- 10. Will project have a m~jor effect on existing or Il. Will project result in major traffic problems or 12. Will project regularly cause objectionable odors, 13. Will project have any impact On public health ~eriod o= have a major negative effect on the charact~ of the co~ununity or neighborhood? 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 D. 1. Are there any areas which contain wetland grasses? 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 and are not shown on the survey map that you are submitting? ~¢~ If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? ~ 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? nO If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel ~',O ~,~,'~ and proposed use Aut~orized Signature and Date 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]: '-f ~) '~ ~-'' · ~ ~ ~T ~'~DAL 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, begs, 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. Bo 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 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupency bio. g. ! .4.9.6.0. Date Oct o bet 6 , ' 19.8.6. Carport addition THIS CERTIFI£S that the b,,fld~g ............................................. ... fprop .h. Bayvlew Road Southold, .. Locationo etty 10205 N.ort ' ' · Hou~ No. . ......... N ~ Street Hamlet .......... alock .......... Lot ...... 3 .......... County Tax Map No 1000 Section . .07.9 20. S,,bdivision ............................... Fried Map No ........ · Lot No .............. conforms substantially to the Application for Building Permit heretofore fried in this office dated S.~p.t-e-nlt~gr..1,6, ...... , Ii) .8.6. pursuant to which Building Permit No 15309Z dated . .$gp.t.e~p,r..~ ........... 19 .8.6., was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ......... Carport addition to existing accessory building. James & Patricia Boyle The certificate is issued to ........................................................... (owner, ~e:ex ~aae~ of the aforesaid buriding. $,,ffolk County Department of Health Approval ...... .N/.A. ............................... . LTNDERWRIT£R~ CERT~F[CAT~ NO .............. ~I/.A. ................................ Rev. 1/81 Inspector TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR TOWN HALL SOUTHOLD, NEW YORIf CERTIFICATE OF OCCUPANCY NONCONFORMING PREMISES THIS IS TO CERTIFY that the /--] Land /'~/ Building(s) /2/ Use(s) Pre C.0. Z14959 0ctobe~ 6, 1986 located at 10205 North Bayview Road Southotd, N.Y. ~treet Hamlet shown on County tax map as District 1000, Section 79 , Block 5 Lot 20.1 , does not conform to the. present Building Zone Code of the Town of Southold for the following reasons: Because of Insufficient front yard setbac Private Road (Shellfisher Rd.i for one'~amiiy home and non-conformin~ accessory building side yard. On the basis of information presented to the Building Inspector,s Office, it has been determthed that the above nonconforming /~/Land /~/Building(s) /_--/Use(s) existed on the effective date the present Building Zone Code of the Town of Southold, and may be continued pursuant to and subject to the appli- cable provisions of said Code. IT IS FURTHER CERTIFI~.D that, based upon information presented to the Building Inspector's Office, the occupancy and use for which this Certifi- cate is issued is as follows: Property contains one family home, one car ~ara~e and carport addition to ~taF~gg, with access from Shellfisher a.~ North Ba.yview Road, A town maintained road. & Patricia Boyle (owner, The Certificate is issued to James of the aforesaid building. , Suffolk County Department of Health Approval. UNDERWRITERS CERTIFICATE NO. N/A x lng Inspector Rd.¸ THL$ IND~R~ made the 10th ~y ot June, , nineteen h~dr~ and eighty BE~N ~D J. ~S~R, ~si~g at 21 Oriole A~ue, B~n~lle, N.Y.; D. ~, resid~g at ~95 F. ~l~dale A~., ~l~le, N.J.; ~~~~~ ;~JJ~ ~, resi~g at 80 ~rfolk St., ~field, N.J.; T~ P. ~S, ~si~g at 1721 Died A~., ~. Pasad~a, ~; ~R~ P. ~, ~sid~g at 51 A~son ~., Roc~ille C~e, N.Y.; J.'~ ~DE~, resi~g at 25 Oricle A~., Br~lle, N.Y.; ~R B~, ~si~g at 115 C~ P~k West, N.Y.N.Y.; ~d ~ ~, ~si~g atl60 E. 38~ St. N.Y. pa~ o{ the ~rs~ parL J~S C. ~ III, ~d PAT~C~ ~, his wife, resi~g at 87 ~ ~d, G~, N~ York DISTRICT i000 SECTION 079.00 BLOCK 05.00 LOT C~) 020.0~ party of the second pan, wTrNF..SSsq i~ that the party of the first part, in consideration of ten dollars and other valuable comsldetatioa paid by the party of the second part, does hereby grant and release unto the party of the second pan, the heirs or successors and assigns of the party of the second pan forever, ALL that certain plot, piece or parcel o! land, with the buildings and improvements thereon erected, situate, lying and ~ngi~ at Bay View in the Town of Southold, County of Suffolk and State )f New York being more particularly bounded and described as follows: B~GINNING at a point on the northerly side of North Bay View Road distant 988 feet more or less easterly from %he corner formed by the intersection of northerly side of North Bay View Road with the easterly side of Reydon Drive said point or place of beginning being on the easterly side of a certain private road, 50 feet wide said point or place of beginning distant 387.34 feet measured easterly along the norther- ly side of North Bay View Road from the point of intersection of the easterly line of Map ofl~ydon Shores with the northerly side of North Bayview Road; THENCE North 20 degrees 47 minutes 00 seconds east along the easterly side of said )rivate road 400 feet; PHENCE South 69 degrees 13 minutes 00 seconds east, 60 feet; THENCE South 3 degrees 21 minutes 20 seconds east, 262.16 feet to tile northwesterly side of North Bay View Road; THENCE South 64 degrees 26 minutes 50 seconds west along the northwesterly side of North Bay View Road 4.18 feet; THENCE South 64 degrees 23 minutes 50 seconds west along the northwesterly side of North Bay View Road 215.82 feet; THENCE North 74 degrees 42 minutes 10 seconds west along the northerly side of North Bay View Road 15.53 to the point or place 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 abutting tile 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 the 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 anything ' 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 indenture so requires. IN' wrrNESS WHEREOF, the party.of~'~ first part has duly~execute~d this deed the day and year first above YNE , ~' - , ~ , '//~',.---~t / // STATE OF NEVd yORK, COUNTY O1~ On the [ ~y of ~e 19 80, ~fore me ~r~lly ~me to me known to be the individual described in and who executed the foregoing instrufi, ne.nt, aod acknowledged that executed the same. ( N / Noflarv Public l~a~/Public, State of New York ',-,--' No. 60-4525417 Qualified in Westchester CoTj~t~ ~m Expir~ March 30, - STATE OF NL~d 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 he is the of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. STATE OF ~. COUNTY OF ft)~-JO~Ot~.~ sss On the C~ day of JL~e 19 80. before me personally came THOMAS D. SI~ITH to me known to be the individual described in and who executed the foregoing instrumeot, and acknowledged that A.~ executed the same. No. 6~4~5417' . , Qualifiedr in:Westchester Coupty STATE OF NEW YORK, COUNTY O$ ss: On the day of 19 , before me personally came the subscribing witness to the foregoing iustrument, 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. WITH COVENANT AC;~.INS'F GRANTOR'S ACTS T~Tt£ NO. SECTION BLOCK LOT COUNTY OR TOWN TO Distributed by $£CURITY TITLE ,AND GUARANTY COY~IPANY RETURN BY MAlL TO: Zip No. STATE OF ~ YORK: COUNTY OF~FF~I~- : Ss: On the J~ day of Oct. 1980, before me personally came LEON HARITON to me known to be the individual described in and who executed the foregoing instr~nent, and ackncwledged that he executed the same. Notary Public 0eb0,ah t. R~ed~ STATE OF I~EW JERSEY: COUNTY OF ~.' ,~ :ss: ~ 3 -',. ~,... ~.:1~ On the [:'. ""day of June, 1950, before me personally came WILLIA~ HECHT, · to me k~own to be the individual described in and who executed the " , foregoing instlnm~ant, and acknowledged that he ~xecuted the sa~.: --' -<' ' W~< .... ' STATE CF ~~: C(/3NTY OF/Fe~ o~:ss.: . On the \0 day of June, 1980, before me personally came TLv~q~Z,p....RFAME~?mm~' ' to me known to be the individual described in and who execu~a, t~" foregoin9 instr~ent, and acknowledged that he executed th~c$~7-- Not Public .......... -. - '- - STATE OF ~EW YORK : COD/Vi~ OF NASSAD ss.: - ~ -,. 0uz,~d ~%,~..aSa ' e,~t~n..:E{;ire$ March 30 19 O~ the ',3 day' o£ Ju~e, 1980, before me perso~aZ1y came G~RC~;,,R., 'co me ]~own 'co be the ~div±dual descr]J:~ed ,in a~d who executed the £oregoincj instr'g~me_~, a_~o ack~--~o~ledged t..ha~ he e~ecute<~}~the ~,ame. ~. /~-. ~/~, STATE OF NEW YORK : COU~¢1~' OF ~-~O~ ss.: 'r Qu~?,~j i, ~u ~ ""~ ~p,~$ ,~;crc~ 30, I~',.~ On the ;/ day of J~e, 1980, before m~ personally came J. WAYNE FI~[~E~IC~S, to me known to be the individual described in and who executed th~:. foregoing instrument, and acknowledged tha~ he executed the same~*./' .:L ?% JAMES p. ~IIOR~N0 Ik~ : "' ' " ~10tmy Public, State of N~W ~rk p ~.. .... N0. 60-4525417 L'~&3Z<~,. /~~ . , Qualified in Westchester CO~Y ~-~ Public STATE OF NEW YORK: COL~TY OF/V'~'~'~ ~*0,%/, ss.: . ~ . Cn the /2~day of J~e, 1980, before me ~ersona]]~, ~= ~ to to be the ~ndiwdual described ~n and who executed .~' foregoing instrument, and ackn~p~edgec~ that he executed the N tau [.~ ..... ,. , F.~_ ..... ./ xxxxxxxxxxxxx~s~;~i~-~ ~xxxx SOUTHO£D BAY COUNTy OF SUFFOLK Service Agenc, ~oo~ 0 7 9 SOUTNOLD OWNERS GU[DE 513 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy No. Z14960 October 6, 19.8.6. ................. Date ................................ , THIS CERTIFIES that the building C a r p o r t a d d i t i o n Lne~tlnnnrP'~,',~,,~h, 10205 North BayvieW Road Southold, N.Y.- House No. Street Hamlet County Tax Map No. 1000 Section . .0.7. 9. ....... Block 05 ...Lot 2 0.5 Subdivision ............................... Filed Map No. ' ........ Lot No .............. conforms substantially to the Application for Building Permit heretofore filed in this office dated S.e.p.t.e.m.b..e r..1.8., ...... ,19 .8.6. pursuant to which Building Permit No. 15309Z dated . .~ ~ p.t.e, r0 .b.e?..2 ~ ~ .... 19.8.6., was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for Which this certificate is issued is ......... Carport addition to existing accessory building· The certificate is issued to James & Patricia Boyle (owner, ~i~'x'~id~'~ ...................... of the aforesaid building. Suffolk County Department of Health Approval N / ~ UNDERWRITERS CERTIFICATE NO ............ ~ / A Rev. 1/81 FO~ bO. ~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N. Y. BUILDING PEPJAIT ('THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) No. ].5309 Z Permission is hereby granted to: ...... ............. ..i..~.~..o... ~...~/~.....~1 ............... ...~.~ ...... ~.;~.,...u.~.~...L. at premises located at .L.....~....:.~.........~......../~...~..Y..~....(~ ....................................................... County Tax Map No. 1000 Section .... ..0....~....~. ........ Block ....... (~..~' ....... Lot No...~.....?...:....~ ........ pursuant to application dated ..~~....~...~.. ............ , 19.~..~., and approved by the Building Inspector. Fee $....~...~..~..: .~ ..... Building InsDector Rev. 6/30/80 'FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1802 Examined ~ ..~-. ~., 19 .~.~. Approved~ ....... 19a~.. Permit No. L . .~.~...o.~..~.. Disapproved a/c ..................................... ................................ ........ (Building Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS Received ........... ,19... Date '. ......... a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or 'demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulationsi and to admit authorized inspectors on premises and in building for necessary inspections. ~ ......................... gSignature of applicant, or name, if a corporation) .e.-?.% :w. ..... (Mailing address of applicant) State whether applicant is owner, lessee, agent, 'architect, engineer, general contractor, electrician, plumber or builder. 0~ &.~. ' Nameofownerofpremises .~-grt~,.5 ~ ~- ~..~.~..~..IC/~ (as on the tax roll 0r latest deed) If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No ..... ~ ............. Plumber's License No .......................... Electrician's License No ....................... Other Trade s License No ...................... Location of land on which proposed work will be done~ ................................................. .l .O.g.~.~ ................. .~. , B4=y. v : ~. . . .~ ~. ............... .So.o. ~ ~o. c.~ .... ~ ............. House Number Street Hamlet County T. ax Map No. 1000 Section ...~.7.~ .......... Block ... ~ ............ Lot...~..~.:./. ......... Subdivision ....... .............................. Filed Map No ............... Lot ............... (Nalne) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ..... y ................ C ....D .... ,'Q~,' · ' 'ff ............... b. Intended use and occupancy ...... ~' ~'--x' ~t~. ~P., ...... ~ .~ : 3. Na[ure of work (check which applicable): New Building .. .... ' .... iition .......... Alteration .... ....:,~... Repair .............. Removal .............. Demolition .............. Other Work ~ 't .O.&/... ~ (Description) 4. Estimated Cost ..... :./..o.O ............................ Fee .................................... · (to be paid on filing this application) 5. If dwelling, number of dwelling units ............... Number of dwelling units on each floor .............. If garage, number of cars ... ~)/,J.E. ...................................................... : ..... 6. If business, commercial or mixed occupancy, specify n~ture and extent of each~ type of use ................... 7. Dimensions of existing structures, if any: Front...~.2 .......... Rear . [ ~ .......... Depth .. ~, t ~,,(° .... Height ...... ~ ........ Number of Stories ..... I .................................................. Dimensions of same structure with alterations or additions: Front ...~.¢. ~ .......... Rear .. ~.tj/ ........... Depth .... ~ ./: ~.t. ........... Height ..... / .¢. ! ............. Number of Stories .... J ................ ' 8. Dimensions of entire new construction: Front ...,~-,¢..c ....... Rear . ..2.~. J ......... Depth .-2./:,3. ........ Height .../. ~ / ......... Number of Stories .... / .................................................. 9. Size of lot: Front ...................... Rear ...................... Depth ..................... 10. Date of Purchase .../.O. ,/..',~0./...oC.¢ ............... Name of Former Owner .. ~. ~.~..a...c~7.,'7. #/{..3' ...... 11. Zone or use district in which premises are situated .................................................... 12. Does proposed construction violate any zoning law, ordinance or regulation: ... p:)/..O....· .................... 13. Will lot be regraded ..... ~ .o. ................... Will excess fill be removed from premises: Yes 14. Name of Owner of premises .................... Address ................... Phone No ............... Name of Architect ........................... Address ................... Phone No ............... Name of Contractor .......................... Address .... i .............. Phone No ............... 15. Is this property located within 300 feet of a tidal wetland? *Yes ..... No ..... *If yes, Southold Town Trustees Permit maybe required. PLO]" DIAGRA~ Locate clearly and distinctly all buildings, whetber existing or proposed, and. indicate all set-back dimensions fro~ property lines· Give street and block number or description according to deed, and show street names and indicate whethe interior or corner lot. STATE OF NEW YORK, COUNTY OF.. S.S ................................................. being duly sworn, deposes and says that he is the apptican (Name of individual signing contract) above named. He is the ........................................................................................ (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file thi application; that all state~nents contained in this application are true to the best of his knowledge and belief; and that th. work will be performed in the manner set forth in the application flied therewith. Sworn to before me this ................. : ...... .......... Ii0~lV ~t~i~~v0~ ~" (Signature of applicam) OR USE iS UNLAWFUL CERTIFICKI'F- THE REOUlr,.~MEN'r$ .r,~. TN~ N Y 8'TATE CO~8TRuc*rlo~ ~, ENERGY CODES. NOT ~ESPONS~Lb 'r'~31GN OR CC.*~STRUCT;~;~ ;RRORS, ?'IELD IN,$~ECTION A FOUNDATION (1st) FOUNDATION (2nd) ROUGH FRAME & ?LUMBING INSULATION ?ER N. STATE ENERGY CODE FINAL COMMENTS ADDITIONAL COMMENTS: ~ Y DON DR. , 20o47'00"E %% SHELLFISHER ROAD PRIVATE ROAD ) LIC. NO. 49668 Prepared ~n c~ccc~rdcnc~ w;th tl~e-m~nlmum standards for title sun-oys os estoblL'hed by the LI.A. L S. and approved and adopted for such u~e by 1he New York Slate Land -ENGINEERS , P C. CERTIFIED TO : LONG ISL,AND MORTGAGE CORP, dAMES BOYLE PATRICIA 80YLE 400. aa ~,;~ C~ G SURVEY FOR ,JAMES BOYLE PATRICIA'BOYLE AT'BAY VIEW TOWN OF $OUTHOLD SUFFOLK COUNTY, I000 - 079 05 - SCALE I"= 40' SEPT. B, t986 20.5 BOARD OF APPEAL~TOWN oF 5OUTHOLD ._: In the Matter or the Petition of : to the Board o~f Appeals of the Town of 5outhnld : TO: NOTICE TO ADJACE.~IT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: · 1. Tha '~e ntention' of the undersigned to ,petition the Board nf A,p,peals of the To~rn of Southold to requeSt a~ (Special Exception) (Special Permit) (other) [ci£cLe choice) 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribcd as follows: ~ 3 That the pro.p, erty which is the s ----:. 4 ]'fiat b~ such Petiti~m, the undersigned will request the following relief: ~C.O,tz57~Uc-/- 9- 5. That the provisions of the $outhold Town Zoning Code applicable to the relief sought by the under- signed arc Article ~ _ Sec:ion /43~3 -.~ ~2 /~ ' ' . _ or a royal ol: acceSS over right(s)-of-way. [ ] Section 280 A. New York_Towp La~ ~wr' ~Pn .etition request,nB thc reh~f ,pe~,f,ed thin five days from the ~aJe flefe~, - _r, lt~ .k.la N.w Y r d you may men ann ~'That.w ~ a ~.~. Clerk's Office at Mare Ro{~;~'"' -" _o k an _ _ be filed m the ~°Utn° ::' -~-urs (516) 7b~-xo~-- examine the same during regmar o~cc -~ - 7. That before the relief sought may be granted, a public hearing must be held on the mat~er by the B6ard of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the righ~ to appear and be heard at such hearing. Pctiti Owners' Names:~,$ ¢ ~T~?c~ Post Office Address [Copy of sketch or plan purposes.] showing proposal to be attached for convenience NAM~ PROOFOF MAILING OF NDTICE ATTACH CERTIFIED btAIL RECEIPT ADDRESS P ~28 5~2 Certified Mail Receipt insurance Coverage Provided Do no! use for Intemationa~ Maii (See Reverse) STATE OF NEW YORK ) COUNTY OF SUFFOLK) verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresse~ of said persons as shown on the current asses~m~n~ r911 of the Town of Sou~hold;that said Notices were mailed at the United States Post Of- ~ ~ ~v / / that sald Not ces were ma ed to each of sa d persons by {certified) (r¢~is[ered m~il. d _ Sworn to before me this c:l¢ ~ '~'' ' Rotary Public UNDA J. COOPER Notary Public, State of New Ym'k No. 4822563 Suffolk County/~ _ Term Expires December 31, 19 '7 4~. (This side does not have to be completed on form transmitted to adjoining property ownerS. )