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Home My WebLink About4036 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Gtigonis, 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. 4036: Application for ELLEN BRAUNSTEIN. Variance to the Zoning Ordinance, Article IIIA, Section 100-30.A3 to construct addition to dwelling with reduced rear yard setback on this corner lot. Lot area is nonconforming in this R-40 Zone District. Location of Property: Corner of Wendy Drive and Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-128-5-7. Also referred to as Lot "A" on the Map of Rollingwood Estates. WHEREAS, a public hearing was held on July 12, 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: 1. This is an appeal of the June 6, 1991 Notice of Disapproval from the Building Inspector for a proposed 15' x 15' addition to existing dwelling with a reduced rear yard setback to 28 feet (shown on the sketch submitted with this application). 2. The premises in question is a corner lot with frontage of approximately 98 feet along Wendy Drive and approximately 120 feet along Peconic Bay Boulevard, Laurel. 3. The subject premises consists of a total nonconforming lot area of 14,375+- sq. ft. and is shown on the Minor Subdivision Map of Rollingwoods Estates as Lot A. · Page 2 - Appl. No. 4036 Matter of ELLEN BRAUNSTEIN Decision Rendered July 12, 1991 4. The subject premises is located in the R-40 Zone District, and the rear yard setback for this nonconforming parcel has been relieved to 35 feet under Section 100-244 from the usual 50 ft. rear yard requirement under the bulk schedule. The dwelling structure is situated near the center portion of the lot with setbacks of 20 feet from the westerly (side) property line, 34.2 feet from the northerly (rear) property line, 40 feet from the southerly front property line, and 41.7 feet from the easterly front property line. 5. In considering this application, the Board also finds that the relief requested: (a) will not be adverse to the essential character of the neighborhood and is the minimum necessary to afford relief; (b) will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (c) will not increase dwelling unit density or cause a substantial effect on available governmental facilities; (d) cannot be obviated by another method feasible to appellant to pursue, other than a variance; (e) in considering all of the above factors, the interests of justice will be served by granting the variance, as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to GRANT relief for the requested 15 ft. x 15 ft. addition provided the setback be not less than 25 feet from the northerly (rear) property line. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio and Villa. (Member Grigonis was absent due to illness.) This resolution was duly adopted. IRE .IVED AND FILED BY THE SOUTHOLD TOWN CL~ERK Town Clerk, Town o{ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 ! - BOARD OIF APPEALS TOWN OF SOUTHOLD SCOTt L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following matters will be held for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS ~t the $outhold Town Hall, 53095 Main Road, Southold, NY 11971, on FRIDAY, JULY 12~ 1991, commencing at the times specified below: 7:30 p.m. Appl. No. 4033 - RANDI LACALAMITA. Request for variance to the Zoning Ordinance, Article III, Section 100-33 for approval of carport in the front yard area with reduced setbacks from the front and side property lines. Location of Property: 1395 Henry's Lane, Peconic, NY; County Tax Map No. 1000-74-01-10. 7:35 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 yard and side yard setbacks. Zone District: R-80. Location of Property: Westerly Side of Crescent Avenue, Fishers Island, NY; County Tax Map No. 1000-006-06-20.5, containing 2+ acres. '-'Page 2 - Legal NotJ Regular Meeting of July 12, 1991 Southold Town Board of Appeals 5 p.m. Appl. No. 4036 - ELLEN BRAUNSTEIN. Request for variance to the Zoning Ordinance, Article IIIA, Section )100~30.A3 to construct addition to dwelling with a reduced rear ( /y~a.rd setback on this corner lot. Lot area is nonconforming in ~ th!s R-40 Zone District. Location of Property: Corner of Wendy/ II)rive and Peconic Bay Boulevard, Laurel, NY; County Tax Map No. / 10!!-128-5-7. Also referred to as Lot "A" on the Map of Rollingwo~d Estates. 7:50 p.m. Appl. No. 4032 - MARY AND PETER BLANK. Appeal: (a) under Article II, Section 100-23, Article III, Section 100-32 and Bulk Schedule, Column "v," requesting approvals of the reduced lot area and depth of Parcels 1 and 2, which nonconformities remain in private ownership following appropriation of the'total balance of land after acquisition by the N.Y.S. Department of Environmental Conservation, and requesting approval of the proposed building area for placement of principal dwelling structure with related accessory building(s), having insufficient setbacks in the front yard, rear yard and lot coverage in excess of the five (5%) percent limit, and (b) under New York Town Law, Section 280-a, interpreting non-jurisdiction or otherwise determining access approval. Location of Property: Along Peter's Neck Road, extending approximately 2900 feet south of King Street, Hamlet of Orient, Town of Southold, NY; County Tax Map Parcel Nos. 1000-32-1-part of 2 and 4; also Lot 3 (ROW). '.'Pa~e 3 - Legal Notic~ Regular Meeting of July 12, 1991 Southold Town Board of Appeals 8:00 p.m. Appl. No. 4034 - ANTHONY AND MARIA MERCORELLA. Request for variance to the Zoning Ordinance, Article III, Section 100-33 for permission to amend previous variance application and decision rendered July 11, 1990 under Appl. No. 3944 in order to locate two-car garage building, with partial enlargement for a second floor with windows, and other structural modifications as shown on a new construction plan (including plunf~ing facilities for a half bath), in an area other than ~he required rear yard. Location of Property: 2~60 Peconic Bay Boulevard, Laurel, NY; also known as Lot 19 on the Map of Edgemere Park; County Tax Map No. 1000-145-4-4. 8:05 p.m. Appl. No. 4035 - MR. AND MRS. EUGENE CROASDALE. Request for a variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 to permit addition to dwelling with insufficient front and side yard setbacks. Premises is nonconforming as to lot area and width; the subject dwelling as exists is nonconforming as to the front and total side yard setbacks in this R-40 Zone District. Location of Property: 595 North Parish Drive, Southold, NY; County Tax Map No. 1000-71-1-6, containing 28,250 sq. ft. in total area. 8:10 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 on this 4.9+- acre Page 4 - Legal Notic Regular Meeting of July 12, 1991 Southold Town Board of Appeals parcel. Location of Property: 3055 Soundview Avenue, Mattituck, NY; County Tax Map No. 1000-94-1-14. (Recessed from June 7, 1991) 8:15 p.m. Appl. No. 4036'- JOHN AND RICHARD ZEISLER. Request for variance to the Zoning, Ordinance, Article IIIA, Section 100-30A.4 (100-33) for permission to locate accessory two-car garage structure in an area other than the required rear yard at 700 Jackson's Landing Road, Mattituck, NY; Lot area is nonconforming in this R-40 Zone District; Map of Jackson's Landing, Lot ~7, filed in the Suffolk County Clerk's Office as Map 95280; also identified as County Tax Map #1000-113-4-9. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. please call 765-1809. For more information, Dated: June 24, 1991. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRF~%N By Linda Kowalski TO: Times-Review Delivered 6/24/91 L.I. Traveler-Watchman For Publication FORM NO..3 TOWN OF SOUTIIOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTIIOLD, N.Y. NOTICE OF DISAPPROVAL ~, Date ....~./..~. ......... 19 ~;/. ~o ~.. ~'.~. ~. :~..~. ~ ~ .~. ~~~ ....... .... v~:as~ za~ ~oz~c: t~t your ~vp~i~tio~ ~,t~a'... ff.~ .............. '., m forpe=it to ~~ '~ ' ' ' - ...~ .~~.~~ .......... Co,,ty T~x M~p ~o. ~000 S¢~tio, ..... ~.. ~o~ ...~ ....... Lot ~ ........... . Subdivision ................. Filed Map No ................. Lot No ........ ' .......... · -,~..~~..~..~.~~ .......... ...: ...... 3.~~ .... ~..~..~~~ ..... · ~~..~.~ ......~ ~ ~ · ...... :. RV 1/80 Tow. oF sou .o,D, APPEAL FROM DECISION OF BUILDING INSPECTOI~gtheld Tewn (:l~PEAL NO. - . .... DATE June ].'7, 1991 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. A. Reilly & Sons, Inc. 2625 Peconic B.a,S, Blvd. ], (We) ...A/e..E'~l.te~'M::"5~st~in' ................ of ......................................................................... Name at ,~,ppellonr Street and Number Laurel, ...N..e..~.¢...~..o.~ .......... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED 6/6/91 WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) Name of Applicant for permit of 2625 Peconic Bay Blvd Laure~ New York Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ..~.6.~.~..~.e..q.°.qJ;.e.....]~..Z..~.Z..~..c].:.:....~9..~.~.e..~.:....N....~. ............................. Street /Hamlet / Use District on Zoning Map st. rice 1000 Sece~on128 Block 5 Lot '7 .D..! .............................................................................. Current Owner Ellen H. Braunstein Map No. Lot No. Prior Owner 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.) Art~ cle 3~ Secti on Z00-30A. 3 3. TYPE OF APPEAL Appeal is made 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 Chap. 62 Cons. Laws Art. !6 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (hasten 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 ...................................................................... ( ) (x) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that addition of rear porch - with insufficient rear yard setback. Form ZBI (Continue on other side) REASON FOP, APPEAL I~ (~ ~.~Continued 1. STRICT APPLICATIO~Tli~I~FlilCi~A/II~E would produce practical difficulties or unneces- sary HARDSHIP because Porch addition is requested for elderly ~arents need for use in getting fresh air and sunshine while confined to house, very soon to be confined to a wheelchair. 2. The hardship created is UNIQUE and is not shared by ail properties alike in the immediate vicinity of this property and in this use district because This parcel is a corner lot with a large rear yard set back. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because District is residential, rear line is concealed by woods and addition would not be seen by rear neighbor due to vegetation and growth. No structure on land to west of this parcel at %bls time. STATE OF NEW YORK ) ) ss COUNTY Sworn to this ..............................................day of ........................................................ 19 OF $OUTHOLD OWNER TOWN FORMER OWNER STREET RES. LAND SF-AS. IMP. VL. TOTAL FARM DATE ~/ Z /~ o /JJ/J PROPERTY RECORD CARD VILLAGE AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre House Plot Totol DOCK Value Per Value Acre Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowlond DEPTH BULKHEAD - COMM. CB. MICS. Mkt. Value M. Bldg. Extension Extension Porch Porch COLOR Foundation Basement Bath Floors Ext. Walls ~/¢/4, Interior Finish Breezeway Fire Place' /~/4), Heat Garage /~/X ~ -' ~3 ~ Type Roof Rooms 1st Floor Recreation Room Dormer Patio Total Rooms 2nd Floor Driveway TRIM / J Dinette / K. LR. DR. BR. IFIN. B TITLE NO. 75-52-0491:3 this departuent ~d fo~d ' ~ ............ , .... ELeVaTIONS ARE R~ERENCED ~0 AN .£WS,ONS YOUNG & YOUN~ ALDEN W, YOUNG [ G AUG. 22,1~ PROFESSIONAL ENGIN~[~ AND ELLEN M. BRAUNSTEIN ~* " LAUREL :" USLIF~ TIT~ INSURANCE COMPLY OF NEW YORK TOW. O~ SOUTHOLD RIVERHE~ ~VIN~ ~NK c0., SCALE: I" - 40' DATE:oCT, I ,1975 ~e feet) t) t) I) t) 80.0O0 40.06O 80,0~0 175 150 175 60 50 ' 60 20 15 20 75 50 75 850 85O ~ R-120 R-200 R-400 lid 120.000 200,000 400,000 20.06O 20.1)00 40.000 10.000 16O.6O0 200 270 270 75 75 150 60 270 300 400 400 120 120 170 80 400 60 6O 60 35 35 50 30 60 30 30 30 15 15 15 15 30 2½ 2½ 2'/, 2½ 2½ 2½ 2)t 2½ 214 2½ 2½ chapter and Density and Minimum L~t Size Schedules for applicable districts. bedroom or studio In muir. pie dwe{I.ng may have s~x hundred (600) square feet. Min{muto floor are~ may be reduced up to two hundred (200) for m~der~t~- and/or {ower-c~ bedruom or studio in mu{t/pie dwe{{ing may ha'a~ six hundred (66O) square feet. I C § 10~243 SOUTHOLD CODE § 16O-244 § 100-243. Nonconforming buiiding~ w{~onforming use~ § 100-244. Nonconforming !ot~. 10144 ARTICLE Ilia § 100-244 ZONING § 100-250 10145 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 O~: SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 July 17, 1991 Mr. Norman Reilly, Jr. A. Reilly & Sons, Inc. P.O. Box 98 Mattituck, NY 11952 Re: Appl. No. 4036 - Variance for Braunstein Dear Mr. Reilly: 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 Department for its file and update. Very truly yours, Linda Kowalski Enclosure Copy of Decision to: Southold Town Building Department TRANSCRIPT OF HEARINGS SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF FRIDAY, JULY 12, 1991 Board Members Present: Chairman Gerard P. Members: Dinizio, Doyen, and Villa Members Absent: Grigonis (due to illness) Goehringer and Linda Kowalski, Z.B.A. Secretary and approximately 35-40 persons in the audience. Appl. No. 4033 Applicant(s): Randi Lacalamita Location of Property: 1395 Henry's Lane, County Tax Map No.: 1000-74-1-10 Peconic, NY The Chairman opened the hearing at 7:30 pm and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a sketch of a survey produced by Roderick Van Tuyl with no specific date indicating a penned in carport 18 by 35 in the front yard area. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Now we're ready for you. If you would kindly state your name for the record please sir. MR LACALAMITA: My name is Joseph Lacalamita, my wife is the owner of the property. CHAIRMAN GOEHRINGER: How close to the I guess that's the northerly property line at its closest point is the carport? MR LACALAMITA: It's approximately midway between the house itself and the street (Henry's Lane). CHAIRMAN GOEHRINGER: Okay, but in reference to its closeness on the side yard area, how close is it to that property line do you know? MR LACALAMITA: It's I think three feet. CHAIRMAN GOEHRINGER: Three feet. Could you measure that for us please and let us know on Monday. MR LACALAMITA: Yes I will. CHAIRMAN GOEHRINGER: Okay. The only reason why I didn't measure was I was down early one morning looking and I didn't Page 2 - July 12, 1991 Public Hearing - Randi Lacalamita Southold Z.B.A. CHAIRMAN, cont'd: want to go traipsing around your property looking for monuments or anything of that nature. Okay? Is there anything you would like to state for the record? MR LACALAMITA: Well, my father-in-law who's a graphic artist did the sketch and on the bottom of the sketch I'm sure you have a copy of it. It said, carport to be settled with blacktop driveway. I got a copy of it with notations that it was approved, unfortunately, on the sketch it said that it was going to be with a blacktop driveway. Unfortunately he didn't read this green piece of paper that said that it had to be in the back the yard. Well if it was to be put in the back of the yard it would be feasible because it's too narrow to drive four vehicles. He never intended to bangle or break the law and the structure cost over, close to $4;000. and we're seeking relief because it's a little expensive to tear it down, so we're looking for relief. CHAIRMAN GOEHRINGER: How long has it been up? MR LACALAMITA: Since May. CHAIRMAN GOEHRINGER: This past May? MR LACALAMITA: Yes. CHAIRMAN GOEHRINGER: And you're planning never to enclose it? MR LACALAMITA: Never CHAIRMAN GOEHRINGER: four cars? to enclose it no% And it presently houses aDproximatel¥ MR LACALAMITA: Yes. CHAIRMAN GOEHRINGER: Alright. And you will call us and tell us how close it is to that closest property line on the side. MR LACALAMITA: How soon will we know because they're anxious to know? CHAIRMAN GOEHRINGER: Probably in about a week or ten days. MR LACALAMITA: Very good. I'll call you back and you want to know from one property .... CHAIRMAN GOEMRINGER: I want to know from the front monument on Henry's Lane, how close it is and I want to know how close it is to that closest property line, which is really like the Page 3 - July 12, 1991 Public Hearing - Randi Lacalamita Southold Z.B.A. CHAIRMAN, cont'd: northwest side. MR LACALAMITA: Very good. That's it? CHAIRMAN GOEHRINGER: That's it. MR LACALAMITA: Thank you very much. CHAIRMAN GOEHRINGER: Does anybody else have any other questions for this gentleman? (He's gone). I'm sorry we had a discussion concerning the individual setbacks myself and the Board since the hearing. I had no idea he was leaving. I'm sorry I apologize. (UNIDENTIFIED): Do you want us to call him back? CHAIRMAN GOEHRINGER: No that's alright. MEMBER DOYEN: No unless someone had a question. CHAIRMAN GOEHRINGER: I mean I think he pretty much answered all our questions. Did you have any questions? MEMBER VILLA: The only question I had was, did I hear him say he couldn't drive to the backyard? MEMBER DOYEN: It seems that he did say that. CHAIRMAN GOEHRINGER: Well I think the property falls away in the back. MEMBER DOYEN: He's got a 21 foot offset on that side. CHAIRMAN GOEHRINGER: Yeah I know. Alright well we're going to get the approximate side yards that this thing and the front yard that this thing is off so we'll make a determination at that point. MEMBER DINIZIO: What was submitted to the building department? MS KOWALSKI: That was what was submitted to the building department. MEMBER DINIZIO: This, right here? MS KOWALSKI: That yes and I have another one. MEMBER DINIZIO: I'm wondering how he could have approved that. Page 4 - July 12, 1991 Public Hearing - Randi Lacalamita Southold Z.B.A. MS KOWALSKI: And this. Do you have a copy of the building permit. CHAIRMAN GOEHRINGER: Yes. MEMBER DINIZIO: So okay. CHAIRMAN GOEHRINGER: Is there anybody else who would like to speak in behalf of this application, either for or against? Seeing no hands (TAPE CUT OFF) Appl. No.: 4028 Applicant(s): Richard Oliveri Location of Property: Crescent Ave, Fishers Island, NY County Tax Map No.: 1000-6-6-20.5 CHAIRMAN GOEHRINGER: (TAPE CONTINUED) That has been again postponed, so we will continue that postponement and I will offer a resolution postponing it without a date at this particular point. ALL IN FAVOR - AYE Appl. No.: 4036 Applicant(s): Ellen Braunstein Location of Property: Corner of Wendy Dr and Pec. Bay Blvd., County Tax Map No.: 1000-128-5-7 Laurel, NY The Chairman opened the hearing at 7:45 pm and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of the survey produced by Alden Young, dated October 1, 1975 indicating a one story frame house almost perfectly centered in the property, a little more toward the rear of the property. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. It appears that the application that is before us is for an addition to the rear of the dwelling which is approximately 15 x 15. We would like to ask the agent for the applicant if he would like to speak please. Just state your name for the record if you would? MR REILLY: Norm Reilly, president of A. Reilly and Sons. If you have any questions I would be happy to answer them. CHAIRMAN GOEHRINGER: This will be a permanent addition to the rear of the dwelling? MR REILLY: That's correct. It's attached. Page 5 - July 12, 1991 Public Hearing - Ellen Braunstein Southold Z.B.A. CHAIRMAN GOEHRINGER: What kind of foundation will it be? MR REILLY: It will be according to the building codes of the Town of Southold, State of New York, we'll have a crawl space and it will be framed according to the building codes. CHAIRMAN GOEHRINGER: And I assume the setback I believe is 35 feet and you will have if the Board is so willing to grant this application, a 25 foot setback so you are looking for a reduction of approximately 10 feet? MR REILLY: That's correct. CHAIRMAN GOEHRINGER: What is the approximate offset off the corner of the house? MR REILLY: Approximately 5 feet. CHAIRMAN GOEHRINGER: Okay great. I don't have any other questions, it's a one story addition right? MR REILLY: Yes. It will, slope roof, a. couple skylights and that will be that. CHAIRMAN GOEHRINGER: Does anybody have any problems with that? MEMBER VILLA: Yeah, are they going to leave all of that dense landscaping intact back there, you're not going to take any of that. ~ MR REILLY: That's correct, nothing will be touched back there at all. CHAIRMAN GOEHRINGER: Does anybody have any other questions? I have no problems with this application I'll make a motion to approve it as applied for. ALL IN FAVOR - AYE. Page 6 - July 12, 1991 Public Hearing - Mary and Peter Blank Southold Z.B.A. Appl. No.: 4032 Applicant(s) Mary and Peter Blank Location of Property: Peter's Neck Road, Orient, NY County Tax Map No.: 1000-32-11part of 2 and 4 also lot 3 The Chairman opened the hearing at 7:50 pm and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a map produced by Young and Young or Howard Young the most recent date is June 4, 1991. Indicating parcel one which is an area which is the nature of this application of 1.6461 acres and parcel two an area of 1.7478 acres and I have a copy of the Suffolk County Tax Map this and surrounding properties and for the record this was a condemnation I believe by the New York State Department of Environmental Conservation and these are the remainder parcels left from that condemnation. Mr. Angel would you like to be heard concerning this? MR ANGEL: Yes I would. CHAIRMAN GOEHRINGER: It's so nice to see you again. How are you? MR ANGEL: I haven't been here in a while. CHAIRMAN GOEHRINGER: Yes you haven't. MR ANGEL: Really not since Bob Villa got on the Board. his pavilion face it's a different setting. Can I, do I speak into the microphone? ~ With CHAIRMAN GOEHRINGER: Unless anybody complains. MR ANGEL: I prefer just not standing back and addressing you directly in the bank. CHAIRMAN GOEHRINGER: You can hear it? MS KOWALSKI: I think so. I'll let you know if I don't. MR ANGEL: I'll speak loudly. Does the audience want, do they hear better if I speak in the mike. CHAIRMAN GOEHRINGER: There's a microphone right here. MS KOWALSKI: It might be better. MR ANGEL: I'll do whatever you want me to do. Page 7 - July 12, 1991 Public Hearing - Mary and Peter Blank Southold Z.B.A. MS KOWALSKI: You better use the mike, that would be better. CHAIRMAN GOEHRINGER: You know what you could do, you could pull that table over if you wa~ted to use it. MR ANGEL: Is it better if I speak to the mike? Mr. Goehringer was correct this is an application for variances of lots that were in fact reduced in size as a result of condemnations by the New York State Department of Environmental Conservation, the DEC. As I said my name is Stephen Angel I represent the applicant, an attorney in Riverhead and what we're seeking here are a series of variances from your Board. A front yard variance as your Board describes front yards, from about 60 feet to 40 feet and a rear yard variance from 100 feet to 60 feet. A lot depth variance from 400 feet to 40, but the way you measure your lot, the way you define lot depth, did I say rear yard or depth, lot depth is sort of unusual in the ordinance and the nature of our variance here is not going to be as great as it sounds as you see in the survey. And finally a lot coverage variance, we want to increase the permissible lot coverage in this five acre zone from 5% to approximately 16% and 24% given the remaining parcels. Now Mr. Goehringer identified a survey or a couple of surveys I think that were prepared by Young and Young in this case. We have updated those surveys and I would like to present essentiality the same surveys to you with some additional information on them and they most recently revised today. The first survey which is marked as "A" is a survey of the area showing the building envelope that we are requesting. The ones showing the variances that we are requesting. It has bunch of information on it, which yo~ have on those other surveys but it also includes the 5 foot contour from the Suffolk County Topo. And the precise measurement of the depth of lot as measured by your ordinance. In addition to the other stuff that you see on the one that's already been submitted and with your permission Mr. Goehringer I would like to hand this out. I have a bunch of copies for you, how many would you like? MS KOWALSKI: About six would be great. MR ANGEL: How we produce this. I think Howard is ..... Now I have a survey also prepared by Young and Young which is delaminate "B" which shows the extent of the building envelope if all setback requirements were adhered to, given the lot configuration we're left with. Or the lot configurations we're left with after the DEC taking and you will see it's dramatically less. If you look at those parcels and they're both shown on Plain "B", parcel one Page 8 - July 12, 1991 Public Hearing - Mary and Peter Blank Southold Z.B.A. MR ANGEL, cont'd: originally consisted of 4.1742 acres, parcel two originally consisted of 9.1525 acres all of the land not remaining was taken by the DEC on October 26, 1990. We're left with as you said Mr! Goehringer parcel being 1.6461 acres and parcel two being 1.7478 acres clearly less then what's required under the 200 square foot minimum zoning requirement in this zone. Now I've mentioned to you briefly what the requested variances are, I don't think that I need to go over with them again. We respectfully submit that in this situation we have a practical difficulty, obviously the difficulty was created by the condemnation for the record we have opposed the condemnation from day one, the Blanks of the many people who were involved in the, as lot owners, condemnation conducted by the DEC were perhaps one of two or three that have actually not sit with the DEC they fought it out and tried to maintain their property and did not arrive at a voluntary agreement. There's no self created hardship by doing this. As I said the DEC took their property there is not even an agreement as to price on their property. That is going to be the subject of a claim in the court of claims. The variances that we're seeking I respectfully are not as substantial as they seem at first glance. The property around that is developed on lots are not in the, certainly are not 5 acres, the ones on Peter's Neck. There are some that are small there. More over the lot sizes themselves that we're left with are surrounded by a tremendous amount of open land that the State has taken, it used to be part of it. We're not in a situation where by allowing the development of these two parcels you are creating houses on what are going to appear to be smaller parcels. They-are going to be surrounded hopefully in perpetuity by the large expansive DEC acquired wetlands. It's not going to effect the substantial change in the character of the community, we can't solve the problem other then by getting variances from you. I should point out in this regard that in all their conversations and in all their approach to dealing with the Blanks the DEC has taken a position that what is remaining, in other words these parcels one and two that you see, are buildable parcels. They have made payments to Mr. and Mrs. Blank in accordance with law, they have to make an advance payment and those advanced payments are predicated on these two parcels being buildable. I'm not saying you are bound by that, but the DEC has treated it as such. It's not like they required or paid for the use of these parcels. They have assumed through purposes of their condemnation that we can get a building permit on each one of these parcels. CHAIRFn~N GOEHRINGER: Why did they do that Mr. Angel rather than allowing the variances to occur first? Page 9 - July 12, 1991 Public Hearing - Mary and Peter Blank Southold Z.B.A. MR ANGEL: They wanted to take the property. Their timetable is their own. They just did it. They were convinced, in my conversations with them, know whether they are wrong or right they were just convincing, based upon unidentified conversations with people in this town that they were going to remain as buildable parcels. They never explained to me why they were convinced of that. Though I have had numerous discussions about the value of property and they have always taken the position, that what remains are two building lots. But as far as waiting for a variance, I personally think that they have an agenda, they wanted to acquire a whole bunch of properties in Orient. The properties were acquired under funds that were made available back in 1972 on the 1972 environmental bond act. They developed their agenda and they just went ahead with it. I don't think that they made municipal approvals. There wouldn't be municipal approval applications on anything that they did in the Orient positions. CHAIRMAN GOEHRINGER: Thank you. MR ANGEL: The other thing that is involved in this application is there's also a 280A application because we are building on a private road. That's a little bit of an interesting question, because I think 280A requires an application for a variance to build on a road that's not part of the official map. If you look at your official zoning map the road is on that map. I leave it to you people to decide whether the 280A application would be necessary in this case. I believe that when my associate John Wagner checked into the necessity of the 280A application~there was a subdivision done at the end of Pete's Neck off this road within the last few years, a minor subdivision and I don't believe that that had a 280A application. That doesn't necessarily mean that we shouldn't, but I want to bring that to your attention. We previously submitted single and separate certificates that go back until 1962, we're led to believe that in 1962 and even prior there to has been thereafter for a few years the town uniformly allowed divisions to these large lots without the necessity, especially where there's only a five lot and four lot subdivision, not be a necessity of minor subdivision frugal. I'm here and the Blanks are here to answer any of your questions. CHAIRMAN GOEHRINGER: How long has this road been in existence? MR ANGEL: Well the road was created as a separate parcel in 1962. How long is it physically been there? Page 10 - July 12, 1991 Public Hearing - Mary and Peter Blank Southold Z.B.A. CHAIRMAN GOEHRINGER: Yeah. MR BLANK: 1938. CHAIRMAN GOEHRINGER: And how long has it been in actually improved to the point of either asphalt or some sort of hard base surface. MR BLANK: 1955, something like that. CHAIRMAN GOEHRINGER: Thank you. MR ANGEL: And there's one thing that by the way John was going to be here tonight, but somebody is ill in his family, he could be here so I'm handling this all by myself. He promised that he'd bring Linda a copy of the Peconic Bay Estuary CEA, the critical environmental area map and a resolution. It is possible, again I'm not sure, that we fall within that area. I'm not as yo~ can see from looking and I have an extra copy of this map, as you can see from looking at it is not a very paced boundary. CHAIRMAN GOEHRINGER: We've had that trouble with the flood plain maps, I assure you. MEMBER VILLA: Jerry could I ask you a question? CHAIRMAN GOEHRINGER: Sure. MEMBER VILLA: Mr. Angel, I don't have' a problem with the 40 foot setback from the front, from~ the road too much, but looking at the parcels, looking at parcel one, just working off this as a one inch equals 100 feet, it would appear that the depth of parcel is about 60 feet plus or minus. The building envelope. Now, the Trustees will require a 75 foot setback from the wetlands, have the Trustees been approached at all on this? MR ANGEL: No they haven't. The reason, in fact, I'm going to brutally honest with you, I'll just tell you what happened in this application. When we originally drew the, or asked Howard Young to draw the lines, we suggested a 75 foot setback from the wetlands line and Howey told us, Howeys very familiar with this area. Howey was the surveyor for the DEC on all the acquisions and has been involved in applications representing people on both sides and he suggested the setbacks that we have now because I guess with the DEC taking he was familiar with the DEC approving a setback similar to the ones that you see here. He had made that suggestion to give us more area in which to deal with Page 11 - July 12, 1991 Public Hearing - Mary and Peter Blank Southold Z.B.A. MR ANGEL, cont'd: the zoning, more area to deal with placing the structures for a house. MEMBER VILLA: Well I just, I ~as just wondering if your clients would you know if you reduce that 60 foot plus or minus to meet the 75 foot from the wetlands you still have a 35 foot building envelope and most houses aren't 35 feet in depth. MR ANGEL: Which one are you talking about parcel one or parcel two? MEMBER VILLA: Parcel one. Parcel two you even have a greater depth with that one is about 90 feet plus or minus. MR ANGEL: Well needless to say, we like the flexibility, certainly 35 feet to build a house is sufficient, but here you are talking about, we want an area that may be sufficient to place a deck or a pool, we don't know what's going to come in ultimately when an application is made to build a house. We realize that we have to make an application to the DEC after we come before you and we have to make an application to the Trustees, all of those applications will be made. So if I have a way to, if I can take a position I would sooner have the building envelope as it appears on the survey and then make my application to the Trustees and deal with their setback before that Board. MEMBER VILLA: They are looking down a loaded gun, so to speak, because you have already gotten'a variance from us. MR ANGEL: We haven't gotten a variance from them though. MEMBER VILLA: No. I know. But it makes it more difficult. That's why I was wondering if you could live within the existing setbacks without requiring the variances. MR ANGEL: Well to be honest with you, I think that parcel one, there would be a diminution in value in the lot if we went to a 35 foot, if we went to the 75 foot setback. Parcel two is more, is... MEMBER VILLA: Yeah it's 90 feet. MR ANGEL: Is a bigger area, we have more room to play with. Once you get down in this area, I don't know if you have visited the property Bob, you have, it's magnificent property. MEMBER VILLA: Oh yeah. Page 12 - July 12, 1991 Public Hearing - Mary and Peter Blank $outhold Z.B.A. MR ANGEL: I mean it's one of the two nicest lots I've seen since I've been practicing on Long Island. In my opinion, the constriction of the building envelope in lot number, given by that additional 50 feet, may make a substantial difference in value to the parcel, because you are looking at a parcel that is going to appeal to somebody with means. MEMBER VILLA: Well you are talking about a deck or something, would they be at all adverse to restricting a major, you know a major building where you would require a foundation and everything else to the 75 foot. MR ANGEL: I haven't laid it out but, it sounds, we certainly could look at that. The idea of the building envelope since nothing has been designed as yet and we're left with the condemnation facing us that assumes that you guys have done all this is to find out whether we do have the right to build on those lots, certainly that's an important issue for us in facing the condemnation part. But you know, I mean I can't, we haven't analyzed that setback, but it seems to me that if the house is, if the foundation is sufficient enough for a house and there is more room which could fit deck and other accessory structures could probably be easily livable. CHAIRMAN GOEHRINGER: Any other questions? MEMBER DINIZIO: Just as far as size is concerned of parcel one, what is the footage, the road frontage of the buildable lot? I ... MR ANGEL: What is the what~ MEMBER DINIZIO: The road frontage of the buildable parcel. There is no measurements on here so I really can't. CHAIRMAN GOEHRINGER: Yeah, they are Jim, it appears it's a 298 + 146 + 99. MEMBER DINIZIO: No, no I'm talking about just this part. MEMBER VILLA: You're talking about the envelope. MEMBER DINIZIO: Just right here. CHAIRMAN GOEHRINGER: Oh, the envelope. MR ANGEL: We could scale that off. It's 140, 1 inch equals 40 or 1 inch equals 100. CHAIRMAN GOEHRINGER: 1 inch equals 100. Page 13 - July 12, 1991 Public Hearing - Mary and Peter Blank Southold Z.B.A. MR ANGEL: What does that look like Bob about 160, 1757 MEMBER VILLA: Probably more tSen that about 180. MR ANGEL: Okay 180. And the other one's maybe 200. We have no expectation that there would be structures in that entire area. What we've chosen is a building area in which we can impose the structures. I don't think there's any intention of developing a 24% coverage on this lot with impervious materials, you know we would, if you felt it necessary to limit the percentage of coverage to something less then that if it fit in this area we would have no objection to that. What we want is ... MEMBER VILLA: That's an area where you could put a house. MR ANGEL: An opportunity, yeah an area where we could put a house potentially a pool if they wanted it potentially a deck. Some area where we can locate those structures, that's what we're looking for. CHAIRMAN GOEHRINGER: coverage, Mr. Angel, lot nua~ber two? When you referred to the 16% of lot you are referring to lot number one or MR ANGEL: 16% is lot, the 16% lot coverage is the total building envelope shown on "A" for lot number one, given the reduced size of the lot. The 25%, and it's slightly more than that, it's shown on the map by the way, the computation, all these computations are on that new map. You'll see it on the side, it's 24.7 and 16.8 and it shows it Jerry on the right hand side. CHAIRMkN GOEHRINGER: Yeah. back to the first map. I see it now. I was still going MR ANGEL: If you use this .... By the time Howey prepared this today he put on just about everything. The only thing we don't have on is the flood zone, which I tried to read and is either A6 or B something. CHAIRMAN GOEHRINGER: We have a copy for you if you want it. MR ANGEL: I have a map too. But as you know, the flood zone questions are going to, they'll have to be determined at a construction phase, if whatever the construction requirements of the particular zone we're just going to have to move them. CHAIRMAN GOEHRINGER: Right. Does anybody else have any Page 14 - July 12, 1991 Public Hearing - Mary and Peter Blank Southold Z.B.A. CHAIRMAN, cont'd: further questions concerning this? Anybody in the audience like to speak concerning this application? Seeing no hands,.Mr. Angel, I assume we'll continue with the deliberation~ after this and any other further questions gentlemen? Okay. Hearing no further questions we thank you for your presentation and I'll make a motion to close this portion of the hearing reserve decision until later. We'll extend this hearing until Monday in receipt of information from the Planning Board concerning the subdivision in this area. MS KOWALSKI: Just a written part of the record. CHAIRMAN GOEHRINGER: Written portion. ALL IN FAVOR - AYE. Appl. No.: 4034 Applicant(s): Anthony and Maria Mercorella Location of Property: 2260 Peconic Bay Blvd., County Tax Map No.: 1000-145-4-4 Laurel, NY The Chairman opened the hearing at 8:15 pm and read the notice of hearing and application for the record. CHAIRM3~N GOEHRINGER: I have a copy of a sketch of the plan, the placement of the building appears to be in the same position as it was in 1990, the difference and the nature of this application appears to be the fact that we are now asking for a second story accessory dwelling for storage purposes. How do you do sir, would you kindly state your name. MR MERCORELLA: Mr. Goehringer, my name is Anthony Mercorella I'm the applicant. CHAIRSt~N GOEHRINGER: How do you do? Is there anything you would like to state for the record Judge? MR MERCORELLA: Yes, we would rather put the preliminary plans together rather hardly after remodeling the which is located on the same piece of property and so that we did not consult at length with an architect. But this house, after having dispensed with certain sums of money to remodel it, leaves us short of any storage area. We have no basement because of the wetland situation, we have no attic space because of the height restrictions and we have a half acre of property and we do have a deck, we have considerable garden furniture and I do a lot of gardening and we need to store our gardening equipment and our garden furniture and other Page 15 - July 12, 1991 Public Hearing - Anthony and Maria Mercorella Southold Z.B.A. MR MERCORELLA, cont'd: things we are intending to everyday living in some area other than the house. The house itself when we applied, when we built the house we conformed to the original envelope, the original foot. We didn't apply for a variance with respect to that. So it's a question of convenience, the story this time and also we want to conform the accessory dwelling to the existing house, so there would be some symmetry. We had previously asked for a, a pull down ladder, but that wouldn't afford us the excessive building to store these rather large things upstairs. Also we intend to buy a boat perhaps and we would like to store that in the garage and that would preempt us from any necessary storage space. Basically that's it. CHAIRMAN GOEHRINGER: Could you tell us the purpose of the half bath on the second story. MR MERCORELLA: The half bath is really a, I would want a sink and a toilet basin so that I'm in the garage or in the little work shop that I would like to put in the garage I don't have to run back to the main house. CHAIRMAN GOEHRINGER: Will the building be heated in any way? MR MERCORELLA: No sir. CHAIRMAN GOEHRINGER: Okay. I thank you so very much. Before you sit down, does anybody have any questions from this gentleman? Thank you so much. Is there anybody else who would like to speak either in favor or against this application? Seeing no hands I'll make a motion closing the hearing reserving decision until later. ALL IN FAVOR - AYE. Appl. No.: 4035 Applicant(s): Mr. and Mrs. Eugene Croasdale Location of Property: 595 North Parish Drive, County Tax Map No.: 1000-71-1-6 Southold, NY The Chairman opened the hearing at 8:20 pm and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a sketch, it's actually a site plan produced by Garrett A. Strang Architects, the most recent date is June 19, 1991 indicating the proposed garage addition approximately 13 feet from North Parish Drive and it appears 16 feet wide and approximately 22 feet deep and approximately 4 feet from the westerly property line. I have a copy of the Suffolk County Tax Map indicating Page 16 - July 12, 1991 Public Hearing - Mr. and Mrs. Southold Z.B.A. Eugene Croasdale CHAIRMAN, cont'd: this and surrounding properties in the area. How are you Mr. Strang? MR STRANG: I'm fine thank you~ yourself? CHAIRM3uN GOEHRINGER: Good, thank you. MR STRANG: The application I think pretty much states what we're trying to accomplish here. We have an existing house that was built probably somewhere in the mid sixties, mid to later sixties. It does not have a garage. My client, Mr. Croasdale, is not the original owner or the person who built the house, he's purchased it I guess in one of the resent years and is the second or third owner. He has a need for a garage. The placement of the house, I guess at the time it was built it was set with a minimum front yard, now for what reason I can't say. I believe that the front yard, existing front yard was in compliance with the zoning at the time it was built. And we have no real alternative as far as a placement for a garage on this property. There is a driveway there presently where he can park his car on site, but again we'd much rather prefer to be able to house his car in the garage and since we can't put the garage in the rear yard and there's really no room to place it on the side, given the side yards as being what they are. We're left with this as our only alternative for the placement of the garage. CHAIRMAN GOEHRINGER: It's an interesting situation because we have been wrestling with the differences between front yards and rear yards in waterfront parcels for years and the problem that we have is tha~ we always wanted enough area so that if the garage door was closed, the car would at least being outside of the garage would be on the person's property and not hanging out into the road and that's one of the problems that we have here with this particular application, unless you had a Honda civic, the car is going to hang out into the road. MR STRANG: Well the reason if you'll note on the site plan did indicate that although the property line is given, the actual right of way is wider than the actual pavement which is normal in most communities today and the edge of the pavement is depicted on the site plan and there is a 25 foot dimension from the edge of the pavement to the garage if they were parked in the front of the garage, so in essence, although the vehicle would not be totally contained within the property, it still would not extend out into the public traveled road. CHAIRMAN GOEHRINGER: Okay and what is the purpose of the 4 Page 17 - July 12, 1991 Public Hearing - Mr. and Mrs. Southold Z.B.A. Eugene Croasdale CHAIRMAN, cont'd: feet from the, I assume that's west.. MR STRANG: The 4 foot side yard on the west is presently as you see noted on the site planlthere is an existing entry porch which is our intention to become a basic vestibule transition area. There is a door that comes from presently, that comes from this porch and enters into the kitchen area, which is in what I'll refer to as the southwesterly corner of the house, that is the garage, I'm sorry is the kitchen and there is a door from the kitchen out into this area that's noted as a porch, so the 4 foot is sort of dictated so that we have 3 feet left over if you will from the existing corner of the house to allow entrance into this area without having to walk through the garage and get to the door to the kitchen. CHAIRMAN GOEHRINGER: What's the approximate height of the garage wall in that 4 foot setback area. MR STRkNG: It would be a normal 8 foot wall, obviously probably one course of block or cell above grade, because 8 inches is mandated by code to be from existing grade to the beginning of framed structure, so we'd be looking at maybe 9 feet to the plate line and then give a little. CHAIRMAN GOEHRINGER: both sides. MR STRANG: That's right imagine at the present time. base to the road as I CHAIRMAN GOEHRINGER: I don't have any other questions. Does anyone else have any questions? Mr. Villa? Dinizio? MEMBER DINIZIO: No. MEMBER VILLA: I know why you have the three foot offset, but is it really a problem to line up the garage so you'd have a 7 foot offset, I mean we normally require what's it 10 feet? CHAIRMAN GOEHRINGER: Yes. MR STRANG: The side yard would normally be 10 feet in this district, yes. If we were to slide over the other 3 feet that would basically mean you'd have to walk through the garage to get into the vestibule if we go that particulai transitional area and into the kitchen, through the kitchen door, so we did shift it off to the side specifically so that you could have a door at that point or opening or someway to get into this transitional area to get into the kitchen without having to open the garage door per say and walk Page 18 July 12, 1991 Public Hearing - Mr. and Mrs. Southold Z.B.A. Eugene Croasdale MR STRANG, cont'd: through the garage. MR VILLA: I realize that but you still, even if that we would have to grant a variance~because it would be 7 feet instead of 10. MR STRANG: That's true. Even if it were to be in alignment with the corner of the house we would need a variance still for the side yard and it really, we did look at the possibility of shifting it further to the east which would prevent, would present a difficulty in that we have a window in the kitchen, the only window in the kitchen is basically right on that corner of the house facing the southerly direction and we would then be coming over that window and not allowing any natural light to come into the kitchen. CHAIRMAN GOEHRINGER: Also the other thing would be of course if the Board would grant any type of alternate relief or this application as it stands, it will clearly state that there would be no closing of any other side yards and the other side yard would be the east side yard. MR STRANG: That's right I don't see any reason why we would have (microphone not picking up) no further encroachment on the other side that would maintain a 17 foot side yard. CHAIRMAN GOEHRINGER: Okay. We'll see what else develops, thank you very much for your presentation. Is there anybody else who like to speak either for or against this particular hearing? Seeing no hands I make a motion closing the hearing reserving decision until later. ~ ALL IN FAVOR - AYE. Appl. No.: 4024 Applicant(s): Ronald Stritzler, M.D. Location of Property: 3055 Soundview Ave, Mattituck, County Tax Map No.: 1000-94-1-14 The Chairman opened the hearing at 8':30 pm and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: One behalf of Dr. Ronald Stritzler it is a hearing that we have postponed from the last regularly scheduled meeting and, Doctor, you have patiently sat there through the major portion of our hearings tonight and you are very welcome to speak, we do have some questions of you. DR STRITZLER: I'm the applicant and I would be happy to answer any questions or address the issue of why we selected Page 19 July 12, 1991 Public Hearing - Ronald Stritzler, Southold Z.B.A. MoDo DR. STRITZLER, cont'd: this however you wish. CHAIRMAN GOEHRINGER: Why don't you address that issue of why you selected that area. ~ DR STRITZLER: For those of you who have seen the property I think, would recognize that the contours of the property are very steep and there are numerous trees throughout as well as lawns and gardens and berms that we have worked on for quite a few years now. The particular site that we have chosen is one where we have a vegetable garden many years ago and we know it's been level and although there has been some incredible pollination and growth there over the years, it looks a lot like the amazon jungle. There is actually very few trees that have to be taken there as opposed to any other conceivable site where there would be more than 24 trees that we have calculated. There, there may be at most 4 and only 2 and obviously both the cost involved in leveling the land and the environmental effect have made this a seemingly the most preferable site. And also there's an issue here that we can punch in right from the road with the equipment necessarily, excuse me, do the tennis court, whereas at , actually any other site the equipment would have to come on our land and would certainly cause some problems in terms of lawns and gardens we have. CHAIRMAN GOEHRINGER: Dr. the approximate size of the court itself, is how wide? DR. STRITZLER: It's approximately 120- feet in length, maybe 140 feet, I forget frankly, bY 65. I'm not, frankly I've forgotten those exact measurements, I didn't look at the dimensions before I came, I'm sorry. CHAIRMAN GOEHRINGER: Right. And the fence you're proposing is 8 feet or 10 feet? DR. STRITZLER: 8 feet, it's an 8 feet fence, said by the person to put it up to be "invisible". It's not a chain-link fence by the way. CHAIRMAN GOEHRINGER: Oh, it's not a chain-link. DR. STRITZLER: It's not a chain-link fence, it is a that is much less visible than a chain-link. CHAIRMAN GOEHRINGER: And the court will not be lighted? DR. STRITZLER: It will not be lighted. Page 20 - July 12, 1991 Public Hearing - Ronald Stritzler, Southold Z.B.A. M.D. CHAIRMAN GOEHRINGER: Well we'll go over to my other two gentlemen over there, fellow Board Members, and ask them if they have any questions concerning this application. MEMBER VILLA: My only concern is that it's quite close to the neighbors house, the neighbors house is very close to his property line and that's why I was wondering if it couldn't possibly be shifted to some extent. DR. STRITZLER: I'm not sure, which house? MEMBER VILLA: Well on the survey it says something about Rodney W. Cane or John Miller I'm sorry. CHAIRMAN GOEHRINGER: John Miller. DR. STRITZLER: That property there, there's no house there, I actually spoke to the man who's actually willing to come here with me to support my presentation actually. So in terms of that particular man, there is no objection. In terms of fixing it, I would be willing to shift it to any reasonable degree, but the shifting will then involve the knocking down of trees, to a significant number. CHAIRMAN GOEHRINGER: Any other questions? Dr. we thank you so much for coming in and it's a pleasure meeting you. I was up the other night in between, the lights were on, not in the house, there were some spot lights on, I did run up with my old pick up and I did look at the area~ It's a beautiful piece of property. Absolutely magnificent. DR. STRITZLER: Thank you very much. CHAIRMAN GOEHRINGER: We'll do the best we can for you. Thank you again. Hearing no further questions I make a motion closing the hearing reserving decision until later. ALL IN FAVOR - AYE. Page 21 - July 12, 1991 Public Hearing - Joan and Richard Zeisler $outhold Z.B.A. Appl. No.: 4036 Applicant(s): Joan and Richard Zeisler Location of Property: 700 Jackson's Landing Rd, County Tax Map No.: 1000-113-4-9 Mattituck, NY The Chairman opened the hearing at 8:35 pm and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a survey produced by Roderick Van Tuyl P.C. dated July 11, 1991 indicating a proposed garage in the dotted postage stamp area that most surveyors usually use showing approximately 23 feet from the front property line, 9 feet from the southwesterly property line and somewhat falling within the normal conformities of the existing dwelling. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Mr. Zeisler would you like to be heard? MR ZEISLER: First of all I just want to say it's Joan not John Zeisler. MS KOWALSKI: Oh. That's a typo. I'm sorry. MR ZEISLER: I'm now calling her Joan. We're moving out here permanently and we really need the garage for just storage space, we're going to have ground. There's going to be no becoming a nuisance. Certainly an accessory building as a garage and a storage space above and on the rear walls. You know the normal. CHAIRMAN GOEHRINGER: Okay. Is it going to be a one story garage? MR ZEISLER: Well it's the same, I'm sorry, here is what it's going to look like. CHAIRMAN GOEHRINGER: Okay. MEMBER VILLA: buildings. It's the same height as all the other CHAIRMAN GOEHRINGER: Ail the other attached buildings. Okay and what's the approximate size 20 X 20? MR ZEISLER: 20 X 20. And we're not doing any excavating, it's going to be on a slab. Do you want to see a nice picture? CHAIRMAN GOEHRINGER: Really nice. I remember when we had the original Flood law variance. Thank you. All those Page 22 - July 12, 1991 Public Hearing - Joan and Richard Zeisler Southold Z.B.A. CHAIRMAN, cont'd: portions of those buildings were actually brought in, were they brought in separately or were they built on site. MR ZEISLER: No, they were all built, everything was built on site. CHAIRMAN GOEHRINGER: Everything was built on site. MR ZEISLER: And as I say the DEC will give a letter of non- use decision. We have over the 10 and half feet in the width. We haven't gotten it yet, but they told me on the phone, with the 10 and half feet and where as we have DEC approval for everything else and this is the furthest away from the water so. CHAIP~4AN GOEHRINGER: Great. Thank you very much. You want your get a picture back right. We have a tendency to keep pictures, do want this back? MR ZEISLER: Yeah, that I need. CHAIRMAN GOEHRINGER: That's alright as long as I have the site map. Thank you. Is there anybody else who would like to speak in favor or this application? Is there anybody who would like to speak against the application? Hearing no further comments, I make a motion closing the hearing reserving decision until later. ALL IN FAVOR - AYE. Hearings transcribed by tape, not present at hearings ) '~ :: : , '..' i questing approvals of the reduced lot : area and depth of Parcels I and 2, NOTICE OF HEARING8 NOTICE IS HEREBY GIVEN, rsuant to Sccdon 267 of the Town .w and the Code of the Town of uthold, the following matters will held for public hearings before the ;UTHOLD TOWN BOARD ON ?PEALS at the Southold Town il. 53095 Main Road, Soothold, ? 11971, on FRIDAY, JULY 12, 91, commencing at tbu time spacl- 7:30 p.m. AppL No. 4033 ~NDI LACALAMITA. Request for dance to the Zoning Ordinance, dcie HI. Section 100-33 for ap- ~val of carport in the front yard a with reduced setbacks from the ,at and side ~ lines. Locatlm Property: 1395 Henry's Lane, conic. NY; County Tax Map No. 00-74-01-10. 7:35 p.m. Appl. No. 4028 CHARD OLIVERI. Request for ,qance to the Zoning Ordinance. ;ic!e III. Section 100-32 for per- :stoa to locate new principal ¢ilmg structure with insufficient · r yard and side yard setbacks. 'ne District: R-80. Location of ~;~rty: Westerly Side of Crescent cane. Fishers Island. NY; County ~ .Map No. 1000-006-06-20.5, con- 7:45 p.m. AppL No. LEN BRAUNSTEIN. Request for nance to the Zoning Ordln~nce. ~icle ILIA, Section 100-30.A3 toj u~tmct addition to dwelling with ~0eed ~ar yard setback on ~ cor/~ ~ lot. Lot area is noncmfonning in~ a R-40 Zone District. Location of :petty: Comer of Wendy Drive and conic Bay Boulevard, Laurel, NY; .onty Tax Map No. 1000-128-5-7. ~p of Rolllngwood Estet~s. 7:50 p.m. Appl. No. 4032 -- ARY AND PETER BLANK. :l~-al: (a) under A~cie B, Section 0-23. Article HI. Section 100-32 ~ Bulk Schedule, Column "v." r~- which nonconforrmties remain in pri- vate ownership following ap- propriation of the total balance of land after acquisition by the N.Y.S. Depamnent of Environmental Con- ser~anon. and requesting approval of the prop~ed building a~a for place- ment of principal dwelling structure with ~latod accessory building(s). having insufficient setbacks in the front yard, rear yard and 1~ coverage in excess of the five (5%) percent - limit, and Co) under New York Town Law. Section 280-a, inteq)feting non- jurisdiction or ctlzn~ise determining access approval, Location of Propar- ,ty: Along Peter's Neck Road, extend- mg appn~'t~metely 2900 feet ~outh {ff King SUe. et, Hamlet of Orient, Town of Southold. NY; County Tax Map Parcel Nos. 1000-32-l-pan of 2 and 4; also Lot 3 (ROW). g:00 p.m. Appl. No. 4034 -- ANTHONY AND MARIA MER- CORELLA. Request for variance to the Zoning Ordinance, Article III, Section 100-33 for permission to amend previous vmiance application and decision rendered July 11, 1990 under Appl. No. 3944 in order to locate two-car garage building, with partial en]nrgmenl for a second floor with windows, and other structural stmction plan (including phunbing facilM'es for a half bath), in an am other than the required rear yard. Location of Property: 2260 Peco~c · Bay Boulevard. Laurel, NY; also known as Lot 19on the Map of Edge- mere Park; County Tax Map No. 1000-145-4-4. 8:05 p.m. Appl. No. 4035 -- MR. AND MRS. EUGENE CROAS- DALE. Request for a variance to the tion 100-30A.3 to pannit additi<m to dwelling with insufficient front and side yard setbacks. Premises is non- ceuforming as to let are~ and width; the subject dwelling as exists is nonconforming as to the front and total side yard setbacks in this R-40 Zoos District. Loc~ion of Property: 595 North Parish Drive. Southold. NY; County Tax Map No. 1000-71-1- 6, containing 28.250 sq. ft. in total 8:10 p.m. Appl. No. 4024 -- RONALD STRITZLER. M.D. Re- quest for variance to the Zoning Ordi- nance, AMCIa El. Section 100-33 for pannissinn to loceta accessory tmnis the required rear yard on this acre parcel. Location of PrOperty: 3055 SoundvieW Avenue. Mattituck, NY; County Tax Map No. 10~0-94-1- 14. (Recessed from Jtme 7, 1991) 8:15 p.m. AppL No. 4037 -- $OHN AND tion 100-30A.4 (100-33) for pamilssi~ to 700 Jackson's Landing Road, Matfituck, NY; Lot area is noncor~ormmg in Otis Zone District; Map of Jackson's Landing, Let #7, filed in the Suffolk C. otmty Clerk's Office as Map #5280; also identified as County Tax Map # 1000-113-4-9. The Board of Appeals will at said time and pl~ce hear any and ail par~ons or sentativcs desiring to be heazd in the above matters. Written comme~t~ may also be sub- mitred prior to the conclusion (ff tim subject hearing. Each hearinS will not start before the times designated above. For more information, please call 765-1809. Doted: Sunc 24, 1991. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD E GOEHRINGER CltAIRMAN By Linda Kow~iski STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) t ; /--~'~ ~,. / &. T?" I ¢'- i cc_ .... / of Mattituck, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published Bt Mattltuck, In the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is it printed copy, has been regularly published in said Newspaper once each week for ~ weeks suc_?ssively, commencing on the _0 7 day of ,J u~.~ 19~ PrlncipBI Clerk Sworn to before me this day of , ,_.-..-,':--7' / COUNTYOFSUFFOLK SIAII!()I: NEWYONK · Patricia Wood,' being duly sworn, says that she is thc Edito,, 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, (lay ol ~/5', . .'~'-~ ...... 19 .'~/.. ~ Notary Public BARBARA A. SCHNEIDER NOIARY PUDLIG. St?te el New Y0~k NOTICE OF HEARINGS NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of The Town Law and the Code of the Town of Southold, the following matters will be held for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road, , Southold, NY 11971, on FRI- I DAY, JULY 12, 1991, commen- ] cing at the limes specified below: 7:30 p.m. AppL No. 4033-~ RAND[ LACALAMITA. Re- appropriation of the total balance of land aftcr acquisition by the N.Y.S. Department of En- vironmental Conscrvation, and Lot 3 (ROW). building, with partial enlarge- ment for a second floor with windows, and other struetura~/ modifications as shown on a new construction plan (in- eluding plumbing facillti~ for a half bath), in an area other than the required rear yan:l. Location of Property: 2260 Peconic Bay 8:10 p.m. AppL 'Nc~ 402~ RONALD STRITZLER, M.D. ' Request for variance to the Zon- tion 100-33 for permission to 1X-6/27/91{90) [ Gerard P. Goehringer, Chairman Charles Grigon~s, 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, GERARD P. GOEHRINGER CHAIRMAN Enclosure Copies of the Legal Notice for Hearings to be held 7/12/91 were sent to the following on 6/26/91 except as noted: Times-Review (delivered 6/24/91) Long Island Traveler-Watchman, Inc. (delivered 6/25/91) ZBA Board Members with copies from files Individual hearing folders Original posted on Town Clerk Bulletin Board 6/24/91 Ms. Randi Lacalamita 1395 Henry's Lane Peconic, NY 11958 Mr. Paul Reich P.O. Box 384 Peconic, NY 11958 Stephen L. Ham III, Esq. 45 Hampton Road Southampton, NY 11968 (for Oliveri) Steve Latham, Esq. (Re: Oliveri) Twomey, Latham, Shea & Kelley P.O. Box 398 33 West Second Street Riverhead, NY 11901 Mr. Norman Reilly, Jr. A. Reilly & Sons, Inc. P.O. Box 98 Mattituck, NY 11952 John M. Wagner, Esq. 108 East Main Street P.O. Box 279 Riverhead, NY 11901 Tech Associates 3900 Veterans Memorial Highway Bohemia, NY 11716 Mr. and Mrs. Anthony J. Mercorella 2260 Great Peconic Bay Boulevard Laurel, NY 11948 Mr. Garrett A. Strang, P.O. Box 1412 Southold, NY 11971 RoAo Ronald Stritzler, M.D. 51 Stirrup Lane Roslyn Heights, NY 11577 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. o err ' BOARD OF APPEALS TOWN OF SOUTHOLD July ~PE II ACTION DECL~TION 12, 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. 4036 Project/Applicants: Ellen Braunstein County Tax Map No. 1000-]28-5-7 Location of Project: Wendy Dr. & Pec0nic Bay Blvd., Laurel, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct addition to d~elling with a reduced rear yard setback on this corner lot This Notice is issued pursuant to Part 617 of the implementing re~alations 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 %~3/~e II Actions. Pursuant to Section 617.2jj, this Department is excluded as an involved agency. This determination shall not, however, affect any other agency's interest as an involved agency under SEQRA 617.2jj. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. mc 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 June 20, 1991 ZONING APPEAL APPLIC. NO. 4036 - ELLEN M. BRAUNSTEIN Transmitted herewith is Zoning Appeal Applic. No. 4036 - ELLEN M. BRAUNSTEIN together with the Notice to Adjacent Property Owners, a copy of the Survey Map, the Short Environmental Assessment Form, and the Zoning Board of Appeals Questionnaire. Judith T. Terry Town Clerk 'P RaJ E~--O. NUMBER 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I~PROJECT INFORMATION (To be comialeted by A0plicant or Proiect sponsor) 1o APPLZCANT /$PON~:OR 2, PROJECT NAME 3. PROJECT LOCATION: MunlclDallt~ Counw 4. PRECISE LOCATION (Street aaaress aha roa~3 intersections, Promment lanamarks, · 5. IS PROPOS~ 6. DESCRIBE PROJECT BRIEFLY: /c/"o SEQR 7. AMOUNT OF ND FFECTED; C~ Agricultuze STATE OR LOCAl.j?''= A PERMIT APPROVAL. OR FUNDING, NOW ~"ULTIMATELY F~ C] Yes ~o If yes, list agency(s) and permit/approvals lt. DOES ANy ASPECT~F THE ACTION HAVE A CURRENTLy VALID PERMIT OR APPROVAL? [] Yes ~,.No I! ye~, Iisi agency name and permiUapproval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ( CERTiFy THAT THE mFORM~'~ION P"OWDEO AeOV~ ~ostal Assessment Form before proceeding With this assessment The N.y.S. Environmental Quality Review Ac~ere~uires submission ~.OR? ~.~'~'VrRONMENTAL ASSESs~.~k-'N'? For~! (a) In order :o answer the questions in this short EAF it is assumed that the preparer will · - use currently available information concerning the pro,eot and the likely impacts of the action. I~ is not expected that additional studies, researc~ or other investigations will be undertaken. (h) If a~y question has been answered Yes th~ project may be sig- (m) If all questions have been answered No it is likely that the project ia not'significant. 1. Will project result in a large physical change to the project Site or physically alter more than 10 acres of land? 2. Will there be a major change to any Unique or Will project alter or here a large effect on 4. Will project ha~e a Potentially la~ge, imoact on - 5. Will project significantly effect drainage flow ~Yes ~.~No 6. Will project affect any threatened or endangered 7. Will project result in a major adverse effect on air quality? 8. Will project have a major effect on visual char- k~own to be important to the community? ~es _~No 1~. Will project have a m~jor effect on existing or 11. Will project result ~n major traffic problems or cause a major effect to existing transportation Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? ~.Yes ~No 13. Will project have any impact on public health or safeu¥? 14. Will project affect the existinq communit~ by directly causing e growth in permanent popu~a- period or have a major negative e~fect On the charact~ of the community or neighborhood~ 15. Ia there public cOntrovers~ on '' 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.) ~ w"' ,/ B. Is the subject premises listed on t~ real ~st~te market for sale or being shown to prospective~yers? { } Yes {~} No. (~f Yes, pleasm attach ~ of "~ti~n~" of sale.) C. Ar~e~,~e ~,,~ ~u~=l~ to ch~ng~ or alter land Are there any areas which contain wetland grasses? D. 1. 2. Are the wetland areas show~ on the map submitted with this application? Is the property bulkheaded between e 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 cQ~struction 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 -~st and are not shown on the survey~m~p that you are submitting? ~0~ If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? ~/o~If yes, please submit a copy of your building permit and ~ap 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? ~/0 If yes, please explain where or submit copies of deeds. parcel ~lc~l~t.,a, lt7'/~ AlvlW~ pr~duse ~~$m~' Authorized Sig~a~r~and~te 3/87, 10/901k Please list present use or operations conducted at this and § 97-13 WETLANDS § 97-13 TOWN -- The Town of Southold. TRUSTEES -- The Board of Trustees of the To~,,a of So~thold. [A&l~l 6-5-84 by L.L. No. 6-1984] w ~:TLANDS [Amended 8-26-~/6 by Lt. No. 2-1976; 3-26- 85 by i', 1', .1~o.~-19~5]: -)'-,~"t'~' ,~? TIDAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with, or which border on, tidal water~ 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 grow~ or may grow some or any of the following:, salt hay, black grass, saltworts, sea lavender, tall cordgruss, high bush. cattails, groundsel, ~-~b,~.l!-.w ~ low (3) Ail 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. FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 24. Ti- fie 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 ¢. ss- ss / / I ~ LIO R~80 , ~ GREA l' I MATTrTUCK [ D E PAGE 565 ) MURRAY JA~ES M L~!jqFi_ .~ .......................... ~..~ _%Z-~-- - ~'-. ~ ......................... ~-lG DIACHUN THEODORE G ~ WF LAJ~=L ~Y 11G4~ ". ........................................................................................... ~77-l,~ ..... ~ ~,~ ....................... '"~ _ ...................................................... 7 .............. ~ ........... 7 ..................... ................................. Z ...................... SOUTH j~ ~=-PORT AVE : ..................... Z-~ .... 7-7'~ ...................................... 2~_~ ............................. ,--: ............................ ;--~ ..... ;-i ................... ,~>o, = :iz ......... ; ...................... 'Z ..................................................................... ;;17-- _ .................................................................................... 7Z-77-; .... 17 ..................... E ............................... : ................................... ;;;;;;--- ' _ ................................................................................... ~-:-717--;---;., ,, ~,. ..................... ~,, BOARD OF APPEALS. TOWN OFSOUTHOI_D In the Matter ct the Petition of Ellen M. Braunstein to the Board of Appeals of the Town of Southnid TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board iff Appeals of the Town of Southold to request a (Variance) (Special 'Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: Parcel ~1000-!28-5-6 Corner lot to South on N/s Peconic Bay Blvd & Corner of W/s Wendy Drive 3. That the property which is the subject of such Petition is located in the following zoning district: residential 4 That h,~ such Petition. thc undersigned will request the following relief: lowering of rear yard set back from 35' to 20' to accomodate addition of 15' × 15' oorch 5. That the provisions of the 5outhold Town Zoning Code applicable to the relief sought by the under- signed are Article IliA Sect/on 100-30A.3 [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way~ 6. That within five da~,s from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (5~6) 765-]_809. 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 bearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: June 17, 1991 A. Reilly & Sons, Inc. Owners'Names:Ellen M. Braunstein Post Office Address P 0 ~ox 98 Mattituck~ N Y 11952 Tel. No. ( 516) 298-5606 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPT~ NAM[ ADDRESS B. DeYoung 24669 Airport Road Philomoth, Oregon 97370 M. Feeney/B. Johnson !65 Wendy Drive Laurel, N Y 11948 Theodore G. Diachun Peconic Bay Blvd. Laurel, N Y 11948 ~ 293 709 607.~..~...~. RECEIPT FOR CERTIFIED MAIL (See Reverse) PO State and ZIP Code STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: ~,~CZC t,~' ~ ]~9~ ~ ,heingdu~vsworn, deposes and ~ays that on the ~ day of ~ ,19 ~1 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their rmpective names; that ~he addresses set opposite the names of said persons are the addresses of said persons as shown on the current~ssessment roll ~ the Town of Southold; that said Notices were mailed at the United States Post Of- ficcat t~ ~-y. /IgV~ .; ,h~, said Noti~mailed to e~ch of ~id persons bY Sworntobcf e e ~his ~ ~ day of ~, 19 ?/ Notary Pubti~ PATRIClA g. ALtEN ~4790982, Suffolk County Comm Expims ~, ~ (This side does not have to be completed on form transmitted to adjoining property owners.)