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Home My WebLink About3901 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 76571809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOFF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS Appl. No. 3901 Matte~ oi THOMAS ESCHMANN. Variance to the zoning Ordinance, Article III A, Section-30 A.4, (100-33), as disapproved for permission to construct accessory building in the frontyard area and accessory shower in sideyard area. Property Location: 495 Mesrobian Drive, Laurel, County Tax Map No. 1000, Section 145, Block 4, Lot 10. WHEREAS, a public hearing was held and concluded on February 1, 1990 in the matter of the Application of THOMAS ESCHF~IqN, under Appeal No. 3901; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the south side of Mesrobian Drive, Hamlet of Laurel, and is identified on the Suffolk County Tax Maps as District 1000, Section 145, Block 4, Lot 10. 2. This is an application for Variances from the Zoning Code Article III A, Section 100-30 A.4, (100-33), for permission to construct accessory building in the frontyard area and accessory shower in sideyard area. Page 2 - Appl. No. 3901 Matter of THOMAS ESCHMANN Decision rendered February 15, 1990 3. Article III A, Section 100-30.4. Accessory buildings shall be subject to the same requirements as 100-33 of the Agricultural-Conservation District. Article III, Article 100-33, In the Agricultural- Conservation District and Low-Density Residential R-80, R-120, R-200 and R-400 Districts, accessory buildings and structures or other accessory uses may be located in the required rear yard, subject to the following requirements. 5. In considering this application, the Board finds and determines: (a) that the circumstances of this uniquely related to the premises and its nonconformities; application are established (b) that there is no other method for appellants to pursue; and placing the proposed accessory building and the accessory shower in any other location on the premises will require other variance relief; (c) that the area chosen for the accessory building and shower are not unreasonably located; (d) that this variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (e) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance, as applied conditionally noted below. Accordingly on motion by Mr. Grigonis, seconded by Mr. Goehringer, it was P~e 3 - Appl. No. 3901 Matter of THOMAS ESCHMANN Decision rendered February 15, 1990 RESOLVED, to GRANT a Variance in the matter of the application of THOMAS ESCHMANN as applied under Appeal No. SUBJECT TO THE FOLLOWING CONDITIONS: 3901, 1. That the accessory shed be granted as shown on the survey by Robert Van Tuyl, Dated October 27, 1989. 2. That the accessory shower structure be 3 by · =main 12 ft. from the east property line and 90+- ft. Right-of-Way (Mesrobian Road). 4 ft. and from the 3. That the applicant plant evergreens on the side adjacent to the road side and the rear of the accessory shower, that the evergreens be a minimum of 12 inches in height and maintained and that the remaining sideyard area is to be open and free of access to rear of property. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, and Dinizio (Absent Serge Doyen and Joseph Sawicki). This resolution was duly adopted. df GERARD P. GOEHRINGER, CHAIRMAN RECEIVED AND FILED BY TtiE SOUTt!CLD TO%iN CLEF~K i, DATE ~?,] '~ -, ~: HOUR !'2 ::_.,. ~t~, Town Clerk, Tc',vn o~ .ct:ti:old th ldTo lapp Is ~ ~.~ Sou o wn Board o ea ~,'~ 7:¥: ~'~. ~'~ ~:~:')~ MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.l., N.Y. 11971 FAX NO. (516) 765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR, SERGE DOYEN, JR, JOSEPH H. SAWlCKI JAMES DINIZIO, JR. NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, FEBRUARY 1, 1990, at the following times: 7:30 p.m. Appl. No. 3902 - HENRY HUNSTEIN. Variance to the Zoning Ordinance, Article III A, Section 100-30.3, (100-33)~, as disapproved, for permission to construct accessory building in frontyard area. Property Location: 90 Kimberly Lane and 135 North Bayview Road, Southold, County Tax Map No. 1000, Section 70, Block 13, Lot 20.20. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of February 1, 1990 _7:35 p.m. Appl. No. 3901 - THOMAS ESCHMANN. Variance to~~ the Zoning Ordinance, Article III A, Section 100-30 A.4, (100-33), as disapproved for permission to construct accessory building in the frontyard area and accessory shower in sideyard area. Property Location: 495 Mesrobian Drive, Laurel, County ~,~ Tax Map ~o. 1000, Section 145, Block 4, Lot 10. 7:40 p.m. Appl. No. 3905 - ANTHONY J. MERCORELLA. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 B, as disapproved, for permission to construct deck addition to dwelling, proposed construction will be less than 75 ft. from the bulkhead. Property Location: 2260 Great Peconic Bay Boulevard, Laurel, County Tax Map No. 1000, Section 145, Block 4, Lot 4. 7:45 p.m. Appl. No. 3904 - HARRIET SPILMAN. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 B, for permission to construct addition to existing dwelling, proposed construction will be less than 75 ft. from the bulkhead. Property Location: 1730 West Creek Avenue, Cutchogue, County Tax Map No. 1000, Section 110, Block 1 Lot 7.3. Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of February 1, 1990 7:50 p.m. Appl. No. 3900 - GERHARD SCHREMMER. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 B, for permission to construct a one family dwelling, proposed construction will have insufficient front and side yard setbacks, lot has insufficient width. Property Location 1380 Oak Drive, Southold, County Tax Map No. 1000, Section 080, Block 02, Lot 001. 7:55 p.m. Appl. No. 3897 - PARKER J. WICK~AM. Variance to the Zoning Ordinance, Article XIII, Section 100-132, for permission to construct a building for antique vehicles, proposed construction will have bulk, area and parking regulations and insufficient side yard setback. Property Location: 410 Airway Drive, Mattituck, County Tax Map No. 1000, Section, 123, Block 01, lot 02. 8:00 p.m. Appl. No. 3899 - AGNES AND CHERYL PAGNOZZI. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 B, for permission to construct an addition to existing dwelling, proposed construction will have insufficient side yard. Property Location: 1450 Jockey Creek Drive, Southold, County Tax Map No. 1000, Section 70, Block 5, Lot 17. Page 4 - No~ice of Hearings Southold Town Board of Appeals Regular Meeting of February 1, 1990 8:05 p.m. Appl. No. 3898 - PECONIC BAY VINEYARDS. Special Exception to the Zoning Ordinance, Article VII, Section 100-71 B (6), for permission to use existing barn for winery production and storage. Property Location: 32180 Main Road, Cutchogue, County Tax Map No. 1000, Section 103, Block 01, Lot 19.2. 8:10 p.m. Appl. No. 3882 - BIDWELL WINERIES. Special Exception to the Zoning Ordinance, Article III, Section 100-30, for approval of consumer tasting and retail sales from the winery. Property Location: Route 48, Cutchogue, County Tax Map No. 1000, Section 96, Block 4, Lot 4.3. 8:15 p.m. Appl. No. 3908 - ROBERT OCHSENREITER AND EDWARD LENCESKI. Variance for reversal of building permit to construct a one family dwelling. Property Location: 565 Bayer Road, Mattituck, County Tax Map No. 1000, Section 139, Block 3, Lot 14. Page 5 - Notice of Hearings Southold Board of Appeals Regular Meeting of February 1, 1990 8:20 p.m. Appl. No. - ROBERT AND ETHELLE SCHROEDER. Variance for reversal of building inspector for change of use of land and existing building without obtaining a Certificate of Occupancy. Property Location: 4380 Main Road, East Marion, County Tax Map No. 1000, Section 35, Block 5, Lot 4. 8:25 p.m. Appl. No. 3770 - PORT OF EGYPT. Variance to the Zoning Ordinance, Article XII, Section 100-121C - 122, Section 100-239d, as disapproved for permission to construct Boat Storage Building with insufficient setbacks and excessive lot coverage in this Marine II (M-II) Zoning District. Location: Main Road, Southold, County Tax Map No. 056, Block 04, 06, Lot 10.1, 11, 12.2, 3.2, 3.3, 4, Property 1000, Section 6.1. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before time allotted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated January 22, 1990 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRM3%N By Doreen Ferwerda FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds..~/~......~.~..~7~. ~Z~.. ~n. ~ . / ~. ~. .-. ~. ~. ~, . ~ . ~. ~. o. -. . ~. .~.) . . . ~~_~ . ~ . .~~ '~. ~, ,~.: ............ ~ .............................. .. ............ ..... 1/80 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO / · .'~q o/ DATE Z.~.~.~..i..~.~. ..... 1, (We) RIVERSIDE HOMES, INC., as agent nf 1159 West Main S.t. reet (PO Box 274) Name of Appellc~t Street and Number Riverhead, New York 1190! ......................................................................................................................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON ( ) ( x~0 ( ) APPLICATION FOR PERMIT NO ..................................... DATED ............ .~..~..~.l~.t..,~e~.~,.O ........... WHEREBY THE BUiLDiNG ~NSPECTOR DEN~ED TO RIVERSIDE HOMES, INC., as agentDEO % 0 l~Bg ................ ~;;~"~"X'~,'~'l'~;;;;;q~"~g;"~;;,';~i~ ................ 1 ~ ~ o ~ P v~ 5o~thotd Town Clerk o~ .......L1.5.9.,.~.,..~t~. $.t,, [?.Q..~..2Z.4).,..t~,y.~.h~d~..N.~...Y_~I~...LLg. P.J. ....... '..~ Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY 495 Mesrobian Drive, Laurel, New York I. LOCATION OF THE PROPERTY ..................................................................................................... Street /Hamlet / Use District on Zoning Mop District 1000 Section145 Block 4 Lot 10 ~ . Thomas Eschmann .................................................................................. burren~ Owner Mop No. L~ 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.) Article Section 3. TYPE OF APPEAL Appeal is mode herewith for (please check appropriate box) ( X~ A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. 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 ) ~s requested for the reason that outside shower which is detached from house has been where now located for several years and the wish is that it be able to remain where now located. Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because The shower has been in the position it now has for severa! years and it wi1] be costly to move it and reroute all the piping. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because To our knowledge no other property in that area has an outside shower detached from the main building 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because The detached outside shower does not in any way interfere with the ability of the surrounding neighbors to enjoy their own properties or to use them. RIVERSID STATE OF NE(~/ '~pR.~ '(.~ , 1'.~)~ ' ss i ~~O '"~'~" ' O COUNTY Ofc~{~{~'- ) Swo~ to this .............................................. d~y o ................... ..............~-~..~.~ ) ~ ~,~, ~ ~ '~ ~q~ ~ ~ g~.~ ~';'~T"¢T';; ....................... '7-X~ ~ilied in S~:, : Count~ ~ ~ss~on Expires - Z/ / ~ OM~j agnet ~/~-~.. ~ i ~ ~ ~ ~ ~.e~y(,~Zi¢. .............. ................................ 19 TOWN OF-SO, UTHOLD P~PERTY RECORD CARD OWNER E .~d_~ r}/~ STREET VILLAGE W DISTRICT // ACRF-AGE SUB. TYPE OF BUILDING RES. ,~ /O SFAS. VL. FARM COMM. LAND IMP. TOTAL DATE ,~qoo V 7'.r'a 0¢ BUILDING CONDITION NEW NOP,3AAL ABOVE Farm Acre Value i Tillable 1 BULKHFAD Tillable 2 DOCK Tillable 3 BELOW Value Per Acre Woodland Swampland Brushland House Plot Total I IND. J CB. MISC. JEst. Mkt. Value REMARK- FRONTAGE ON WATER FRONTAGE ON ROAD Extension '! ! Basement ~/) LC Floors Extension 0 /' ] Fire Place (~ Heat I ~b: X_~ 0 ~ ~ L ---/~0 - Porch .... Roof Type .... Porch Roo~ 1st Floor Breezeway Patio Rooms 2nd Floor Ga rage Driveway Dormer O.B. ~ INFIA~' Ol:' ~V~ALCOLh/I .~ F..DNA AT LAI. J i~. EL ADANI:~ON COUNTY OF SUFFOLK Jto,.c* $OUTHOLO J '~c;~m R-~80 R~80 GR~A T TOWN CLERK TOWN OF SOUTHOLD ..... SuffolkCouuty, NewYork 516 - 765-1801 N.0 33928' J/Southola. N. Y. 11971 !d~_-~,~ 19~? J~th ~ Ter~, Town Clerk DEPARTMENT OF' PLANNING COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE 360-5206 April 16, 1990 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 Com~ission 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. ~pplicant(s) Municipal File Number(s) ~TidWell Wineries homas Eschmann 3882 3901 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 Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD scour L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: XX Variance from the Zoning Code, ArticleIIIA, Section100-30A-4 Variance from Determination of Southold Town Building Inspector. Special Exception, Article , Section Special Permit Appeal No.:3901 Applicant: Thomas Eschmann Location of Affected Land:495 Mesrobian Drive, County Tax Map Item No.: 1000-145-4-10 Within 500 feet of: Town or Village Boundary Line XX Body of Water (Bay, Sound or Estuary) Laurel, NY State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area or Existing or Proposed Right-of Way of Any Stream Owned by the County or for Which The County Has Lines, Within One Mile of a Nuclear Power Plant __ Within One Mile of An Airport. or Drainage Channel Established Channel COMMENTS: Applicant is requesting permission to construct accessory building in frontyard area and accessory shower in sideyard area. Copies of Town file and related documents enclosed for your review. Dated: April 10, 1990 ./ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ~,pril 4, 1990 Riverside Homes 1159 West~ Main Street P.O. Box 274 Riverhead, NY 11901 Re: Appl. No. 3901 - THOMAS ESCHMANN (Variance) Dear Mr. Eschmann: Transmitted for your records is a copy of the recent determination rendered by the Board of Appeals concerning your application. Please be sure to return to the Building Department and all other involved agencies for proper permits as may be necessary before commencing construction activities. A copy of this decision has simultaneously been transmitted to the Building Inspectors' Office for their files and update. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda Enclosure Copy of Decision to: Building Inspectors' County Planning Office APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAtN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX No. (516) 765-1823 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the times allotted in the attached Legal Notice. Please feel free to call our office prior to the hearing date if you have questions or wish to update your file. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN dff APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, .IR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. $outhold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L,I., N.Y. 11971 TELEPHONE (516) 765'1809 FAX No. (516) 765'1823 November 29, 1989 Riverside Homes, Inc. 1159 W. Main Street P.O. Box 274 Riverhead, NY 11901 Re: Thomas Eschmann - (Variance) Riverside Homes, Inc. We have received your Variance regarding Thomas Eschmann. We are unable to file this Variance due to the fact that it is incomplete, listed below is further information that is required before ~e~n file this Variance: 1.~/T~ copies of the application (notarized) ~//ertified receipt for adjacent property owners, you ~_/ca~ receive the names and address of the property o/~ers from Southold Town Accessors office. (notarized) -~3~r~t~~ the deed or certificate of occupancy for the ~ complete the following information and return to the Southold Board of Appeals, for further information, please call 765-1809. Yours very truly, Doreen Ferwerda Secretary 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 approximate size MR. HUNSTEIN: THE CHAIRMAN: facilities in this building at all, ~ 3 of the building, sir? Sixteen by twenty. Will you have any such as electricity? MR. HUNSTEIN: Just electricity. THE CHAIRMAN: We have a normal process that we put a restriction on, that it is only to be used for storage. Do you have an objection to that? MR. HUNSTEIN: No. THE CHAIRMAN: Thank you very much. Anybody else who would like to be heard on behalf of Anybody who would application? Any members? Not having any further questions, make a motion to close the hearing. All this application? like to speak against the favor BOARD MEMBERS: THE CHAIRMAN: Aye. We will have a decision for you in a few weeks, sir. We thank you very much for coming in. Appeal Number 3901, on behalf of I in L 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4 Thomas Eschmann. follows: behalf of The notice reads as Upon Application Number 3901, Thomas Eschmann, variance to on Zoning Ordinance, Article III A, Section 100-30 A.4, (100-33), as disapproved, for permission to construct accessory building in the front yard area and accessory shower in side yard area. Property Location: 495 Mesrobian Drive, Laurel, County Tax Map Number 1000, Section 145, Block 4, Lot 10. I have a copy of the survey, dated October 27, 1989, which is produced by Robert Van Tuyl, P.C., which indicates on the survey and the nature of this applica- tion, a two and a half story frame house, in the front yard area a shed approximately three and a half feet from the west property line, and a shower in the side yard on the east side. We asked the applicant the approximate size of the structures and ! have copy of the County Tax Map which in- dicates this and the surrounding properties in the area. Is there anyone who would like to 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 be heard? MR. ESCHMANN: THE CHAIRMAN: MR. E$CHMANN: Thomas Eschmann. THE CHAIRMAN: MR. ESCHMANN: Yes. Are you the applicant? Yes. My name is Thank you. I would like to correct the record on the first one. The accessory building ... I have a copy of the C.O., which is dated 1973. THE CHAIRMAN: That is the one that is presently there? MR. ESCHMANN: Yes, approximately six feet by six feet by six feet. It the right-hand side. a metal shed ... approximately is a metal shed on I bought the house in '87. In approximately two months, I guess, January of '88, I hired a handyman to put the shower, which is approximately 15 feet from the house. It was through a real estate agent I did it. I was never informed, and he didn't tell me, permit was needed at the time. mate size that a Its approxi- is approximately three ... 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 6 three by four feet. It is set in concrete ... four posts ... which is approximately two feet in the concrete post and there is gravel and a catch basin underneath it. It is away from the house, about ten or twelve feet mainly so it won't run in the founda- tion. It is used quite a bit. The street I live on is a private road and the road ends right at the edge of my house. This ... from the survey you can see it is ... I would say the shower is approximately twelve feet from the front line of the house, 84 feet from the private road. I notice that the letters went out. have not heard any objection, as far as the neighbors are concerned. The neighbor behind me, there is a seven foot hedge that can't be seen. It is an ideal spot for that, because on the other side of the house there is no place for it and the only other thing to put it is against the house. It is all grass on that side, which I can show you in the picture. I guess that's about it. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 7 THE CHAIRMAN: Eschmann, the shower is feet from your house. MR. ESCHMANN: THE CHAIRMAN: You said, Mr. approximately 15 To the right, yes. The only thing we are concerned about is closing up side yards on any waterfront areas, mainly so that access can be gained to the rear yard area ... which is the waterfront area ... for either emergencies, bulkheading purposes, or for access if you are to have a fire on the main part of the dwelling. MR. ESCHMANN: I had a room. The inspector came down. I added a room on the front of the house facing the water. They drove the concrete truck between this shower and my house to put the foundation in, which I got the permit. That was about six months, as we added that, and there is a good 15 feet between the shower and my house. The concrete truck went through to pour the foundation. THE CHAIRMAN: So in granting this application, assuming the Board does, we 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 8 wouldn't do it tonight, but assuming ... there would be a restriction you would not be permitted to close up that side yard any more than what it is closed up now ... okay, to allow for that access. MR. ESCHMAN: THE CHAIRMAN: aware of that. Fine. Just so that you are Secondly, the only other thing I might suggest, as maybe part of this decision, if the Board is so inclined to grant it, is that you possibly plant some privet along the shower itself so as to take some of that stark effect away from the cylindrical type of building as you look at it from the road. I will offer that when we are actually deliberating on the applica- tion. Apart from that, I have no objection. MR. ESCHMANN: Do you want a copy of the certificate of occupancy? THE CHAIRMAN: Sure. Thank you. We thank you very much, sir. Is there anybody else that would like to speak in favor of this application? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 9 the Second. All in favor? Aye. The next appeal is of Anthony J. notice reads as Anybody who would like to speak against application? Anything from the Board members? No. Having no further questions, I make a motion closing this hearing and reaching a decision at a later time. BOARD MEMBERS: THE CHAIRMAN: BOARD MEMBERS: THE CHAIRMAN: Number 3905, on behalf Mercorella. The legal follows: Application Number 3905, Anthony J. Mercorella, variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B as disapproved, for permission to construct deck addition to dwelling, proposed con- struction will be less than 75 feet from the bulkhead. Property location: 2260 Great Peconic Bay Boulevard, Laurel, County Tax Map Number 1000, Section 145, Block 4, Lot 4. I have a copy of the sketch of the survey, which I can't read a date on it, NOTICE OF HEARINGS NOTICE OF HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, FEBRUARY 1, 1990, at the following times: 7:30 p.m. AppL No. 3902-- HENRY HUNSTE1N. Variance to the Zoning Ordinance, Arti- cle III A, Section 100-30.3, (100-33), as disapproved, for permission to construct ac- cessory building in frontyard area. Property Location: 90 Kimberly Lane and 135 North Bayview Road, Southold, Coun- ty Tax Map No. 1000, Section 70,. Block 13, Lot 20.20. ~ f 7:35 p.m. Appl. No. 3901- THOMAS ESCHMANN. Variance to the Zoning Ordi- nance, Article III A, Section 100-30 A.4, (100-33), as disap- proved for permission to con- struct accessory building in the frontyard area and accessory shower in sideyard area. Proper- ty Location: 495 Mesrobian Drive, Laurel, County Tax Map No. 1000, Section 145, Block 4, 7:40 p.m. Appl. No. 3905-- ANTHONY J. MERCOREL- LA. Variance to the Zoning Or- dinance, Article XXIII, Section 100-239.4 B, as disapproved, for permission to construct deck ad- dition to dwelling, proposed construction will be less than 75 ft. from the bulkhead. Proper- ty Location: 2260 Great Peconic Bay Boulevard, Laurel, County Tax Map No. 1000, Section 145,' Block 4, Lot 4. 7:45 p.m. Appl. No. 3904-- HARRIET SPILMAN. Vari- ance to the Zoning Ordinance, Article XXIII, Section 100-239.4 B, for permission to construct addition to existing dwelling. Proposed construction will be less than 75 ft. from the bulk- head. Property Location: 1730 West Creek Avenue, Cutchogue, County 3hx Map No. 1000, Sec- tion 110, Block I Lot 7.3. 7:50 p.m. Appl. No. 3900-- GERHARD SCHREMMER. Variance to the Zoning Ordi- nance, Article XXIV, Section 100-244 B, for permission to construct a one family dwelling, proposed construction will have insufficient front and side yard setbacks, lot has insufficient width. Property Location 1380 Oak Drive, Southold, County Tax Map No. 1000, Section 080,~ Block 02, Lot 001. 7:55 p.m Appl. No. 3897-- PARKER J. WtCKHAM. Vari- ance to the Zoning Ordinance, Article XIII, Section 100-132, for permission to construct a building for antique vehicles, proposed construction will have bulk, area and parking regula- tions and insufficient side yard setback. Property Location: 410 Airway Drive, Mattituck, Coun- ty Tax Map No. 1000, Section 123, Block 01, Lot 02. 8:00 p.m. Appl. No. 3899-- AGNES AND CHERYL PAG- NOZZI. Variance to the Zoning Ordinance, Article XXIV, Sec- tion 100~244 B, for Permission to construct an addition to ex- isting dwelling, proposed con- struction will have insufficient side yard. Property Location: 1450 Jockey Creek Drive, Southold, County Tax Map No~' 1000, Section 70, Block 5, Lot 17. 8:05 p.m. Appl. No. 3898-- PECONIC BAY VINEYARDS. Special Exception to the Zoning Ordinance, Article VII, Section 100-71 B (6) for permission to use existing barn for winery pro- duction and storage. Property Location: 32180 Main Road, Cutchogue, County 'Pax Map No. 1000, Section 103, Block 01, Lot 19.2. 8:10 p.m. AppL No. 3882-- BIDWELL WINERIES. Special Exception to the Zoning Ordi- nance, Article 1II, Section 100-30, for approval of con- sumer tasting and retail sales from the winery. Property Loca- tion: Route 48, Cutchogue, County Tax Map No. 1000, Sec- tion 96, Block 4, Lot 4.3. 8:15 p.m. Appl. No. 3908-- ROBERT OCHSENREITER, ~ AND EDWARD LENCESKI~' Variance for reversal of building permit to construct a one fami- ly dwelling. Property Location: 565 Bayer Road, Mattituck, County Tax Map No. 1000, Sec- tion 139, Block 3, Lot 14. 8:20 p.m. Appl. ROBERT AND ETHELLE SCHROEDER. Variance for ~ versal of building inspector for change of use of land and exist- ing building without obtaining a Certificate of Occupancy. petty Location: 4380 Main Road, East Marion, County Map No. 1000, Section 35, Block 5, LOt 4. 8:25 p.m. AppL No. 3770~ PORT OF EGYFF. Vari~mce to the Zoning Ordinance, Article Xll, Section 100-121C-122, Sec- tion 100-239d, as disapproved for permission to construc~ Bom Storage Building with insuffi- cient setbacks and excessive ~ coverage in this Marine [1 II) Zoning District. Properly Location: Main Road, Southold, County Tax Map Ho. 1000, Section 056, Block 04, 06, Lot 10.1, 11, 12.2, 3.2, 3.3, 4, 6.1. The Board of Appeals will at said time and place hear any and ail persons or representatives siring to be heard in each of the above matters. Written com- ments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before time allot~ ted. Additional time for your presentation will be available, if needed. For raore information, please call 765-1809. Dated: January 22, 1990 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN ~'] ~ By Doreen IX. 1125/90 (7} COUNTY OF SUFFOLK STATE OF NEW YORK SS: Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ..................... /. .... weeks successively, commencing on the ......... r~..~:5~'.~. ....... day of...~'> ~'-e-,~-/ ........ 19 .~.u.. ~ Sworn to before me this ....... ,°~.5.-..~. ........ day of 19 Notary Public B,~, · ,,~ A. $CHNEID£i~ · ute of ~ ~w York C::::'if:'~ = ;: !:~k Cc,:nty.._,. ~ JUDITH T. TERRY OFFICE OF THE TOWN CLERK TOWN OF $OUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Daled: December 20, 1989 Transmitted herewith is Zoning Appeal No. 3901 , application of Eschmann. Thomas bv Riverside Homes. for a variance. Also included is: Notification to Adjacent Property Owners; Short Environmental Assessment Form letter relative to NYS Tidal Wetlands Land Use; Notice of Disapproval from the Building Department; survey of property; and any other attachments relative to this application. Judith T. Terry So~thold Town Board of Appeals Regular Meeting of February 1, 1990 Copies to the following on or about January 24, 1990 Suffolk Times, Inc. L.I. Traveler Watchman Town Clerk Bulletin Board (Main Lobby) ZBA Office Bulletin Board (East Hall) ZBA B6~d Members (with c6pies of files) ZBA Individual Files Mr. H. Hunstein 302 Saville Rd., Mineola, NY 11501 Riverside Homes, as Agent for Thomas Eschmann 1159 W. Main St., P.O.Box 274, Riverhead, NY 11901 Mr. Anthony Mercorella 131 Duxbury Road, Purchase, NY 10577 Karen Hagen, Esq. for Harriet Spilman Wickham, Wickham, Bressler Main Road, P.O. Box 1424~ Mattituck, NY 11952 Salvatore DiSalvo as Agent for Gerhard Schremmer 47-39 162nd Street, Flushing, NY 11358 J. Parker Wickham 410 Airway Drive, MattitL~ck, NY 11952 Louise Beck Schnabel for Pagnozzi 1600 Jockey Creek Drive, Southold, NY 11971 Cheryl Pagnozzi 1450 Jockey Creek Drive, Southold, NY 11971 Mr. Ray Blum for Peconic Bay Vineyards Main Road, P.O. Box 709, Cutchogue, NY 11935 Mr. Kerry Bidwell for Bidwell Wineries Route 48, Cutchogue, NY 11935 Daniel Ross, Esq. for Ochsenreiter and Lenceski Wickham, Wickham & Bressler Main Road, P.O. Box 1424, Mattituck, NY 11952 Daniel Ross, Esq. for Robert & Ethelle Schroeder Wickham, Wickham & Bressler Main Road., P.O. Box 1424, Mattituck, NY 11952 Southold Town Board of Appeals Regular Meeting of February 1, 1990 Copies to the following on or about January 24, 1990 Mr. Theodore Traturis for Robert & Ethelle 5804 7th Avenue, Brooklyn, NY 11220 Schro~der Mr. Eraklis Apodiacas for Robert & Ethelle Schroeder 7122 Ridge Boulevard, Brooklyn, NY 11209 Mr. David Gilli:spie for Robert & Ethelle Schroeder 221 North Road, Greenport, NY 11944 Mr. Merlon Wiggin for Port of Egypt Peconic Associates, i Bootleg Alley, Greenport, NY 11944 Southold Town Board of Appeals MAIN ROAD- STATE RnAD 25 SDUTHOLD, L.I., N.Y-: ]197] TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, .JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. TYPE II February l, S.E.Q.R.A. ACTION DECLARATION ]990 Appeal No. 3901 Project/Applicants: County Tax Map No. Location of Project: Thomas Eschmann 1000- 145'4-10 495 Mesrobian Drive, Laurel Relief Requested/Jurisdiction Before This Board in this Project: Accessory building in frontyard area and accessory shower in sideyard area. This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law ~44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board's area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617.2jj,' this Department is excluded as an involved agency. This determination shall not, however, affect any other agency's interest as an involved agency under SEQRA 617.2jj. For further information, please co~tact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. tm FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No Z-18603 Date NOVEMBER 30r 1989 THIS CERTIFIES that the buildin~ Location of Property 495 MESROBIAN DRIVE House No. County Tax Map No. 1000 Section 145 Subdivision ADDITION LAURELr NEW YORK Street Hamlet Block 04 Lot 10 Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated FEBRUARY 22~ 1989 pursuant to which Building Permit No. 17866-Z dated FEBRUARY 24~ 1989 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 FAMILY ROOM ADDITION TO EXISTING ONE FAMILY DWELLING The certificate is issued to THOMAS ESCHMANN (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL UNDERWRITERS CERTIFICATE NO. PLUMBERS CERTIFICATION DATED N-102033 - NOVEMBER 9~ 1989 Rev. 1/81 FOII~I NO. ,l ~TO%VN OF SOUTIIOLD B~H,nlNG DEPARTMENT Towa Clerk% O;flce Somhold, N. Y. · Certificate Of Occupancy No. Z~.~9.~: ...... Date ............. 0ctoher. 23,.., 19.7.3. THIS CERTIFIES that the bui!ding located at .... Peco~nic. J3ay. B!vd, ..... Street Map No... XX ....... Block No...XX ..... Lot No. XX.. [,au.vol .................... conforms substantially to the Application for Building Permit heretofore filed ia ~his office dated ....... ,]'al;'. ll~ ..... , 19.73 pursuant to which Building Permit No... 6723Z dated ....... J. uly. ~1.].~ ...... , 19. -~.3, was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is -"'i~ed is . [ Accea.~or/. ~to~'~t~. b,,,g, .......................................... The certificate is issued to .... Malco3z~. Adam-on ................................. (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval .. 1't.,1], ............................. UNDERWRITERS CERTIFICATE No.. ~/.,.I~, ................................. j, .... Building InspeCtor / , NOTE: The denial letter from the building Department added the storage shed. Attached is a copy of the Certificate of Occupancy for that shed. F0%~% NO. 4 TOWN OF SOUTIIOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N. Y. ' Certificale Of Occupancy No Z~9.~ Date ' 0ctoher 23t 19.7.3 THIS CERTIFIES that the building located at .... Peconic./Bay. ]~lvd, .....Street Map No... XX ....... Block Bio...XX .....Lot No. XX.. I~urol .................... conforms substantially to the Application for Building Permit heretofore filed in ~his office dated .......~l].y. ~..~ ..... , 19.73 pursuant to which Building Permit No... 67237, dated .......J.u~y. ~]J.~ ...... , 19. ~3, was issued, and conforms to all of the require- ments of the applicable provisions o[ the law. The occupancy for which this certificate is -"i~ed is . ~ &o~ea.sorT'. ~torat}~. b~,g, .......................................... The certificate is issued to .... 1~1~¢o]~. kcla~on ................................. (owner, lessee or tenant) of the aforesaid building. Suffolk County Department o£ Health Approval .. l'l.,II, ............................. UNDERWRITERS CERTIFICATE No.. ~l.,.l~ ................................. !, .... DIST. 1000 SECT. 14500 BLOCK 0400 LOT 010000 CONSULT YO_UK LAWYI~.~E~.~)~.~SIGNING THIS INSTRUMENT · THIS INSTG~'idEN~.T SHOULD BE USED BY LAWYERS ONLY 10u12 { THIS INDENTURE, made the .,,~/~'- da), of November nineteen hundred a~'t'~i~hty-s even BETWEEN GRIFFITH KEVIN DENIHAN and BARBARA S. DENIHAN residing at 111 Kilburn Road, Garden City, New York 11530 pa~y of the first part, and THOMAS A. ESCHMANN and ELINORE ESCHMANN, his wife both residing at 46 Kenwood Road, Garden City, New York 11530 party of the second part, WITNF.~SETH, that the party of the first part, in consideration of lawful money of the United States, ,)'~9 ~j~ paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL thatcertain ~ot, pieceor pa~dofland, with thebuildin~ ~dimprovem~ thereonerected, situate, lying ~dbeingin the Town of Southold, County of Suffolk and State of New York bounded and described as follows: BEGINNING at the northwesterly corner of premises about to be described said point of beginning being the following two courses and distances from the point where the easterly line of land as shown on "Map of Laurel Park", and filed in the Suffolk County Clerk's Office ~~ October 5th, 1925 as Map Number 212, intersects the southerly side of Peconic Bay Boulevard; ~ 1. South 20 degrees 07 minutes East, 415.39 feet/the easterly side of land as shown on Map of Laurel Park; o{ 2. North 75 degrees 45 minutes 40 seconds East, 6.03 feet to the pointn place of beginning; RUNNING THENCE from said point of beginning North 75 degrees 45 minutes 40 seconds East along the southerly side of a 12 foot right of way, 58.97 feet; RUNNING THENCE South 26 degrees 21 minutes East, 374 feet more or less to the ordinary high water mark of Great Peconic Bay; RUNNING THENC~ in a Westerly direction along the ordinary high water mar of Great Peconic Bay 100 feet more or less to the point where line drawn on ~ course bearing South 20 degrees 07 minutes East, from the point or place of beginning would i~tersect the Great Peconic Bay; RUNNING THENCE North 20 degrees 07 minutes West, 390 feet more or less to the point or place of BEGINNING. TOGETHER with an easement for ingress and egress over a 20 foot private road, a portion of which is a 12 foot right of way, which said 20 foot road and portion of 12 foot right of way are bounded and described as follows: BEGINNING at a point on the Southerly side of Peconic Bay Boulevard where same is intersected by the Easterly line of land as shown on Map of Laurel Park, filed October 5th, 1925, in Suffolk County Clerk,s Office as Map Number 212; RUNNING THENCE along the southerly side of Pec~nic Bay Boulevard North 110512 Continued - Schedule "A" 69 degrees 13 minutes East 20 feet; RUNNING THENCE South 20 degrees 07 minutes East, 405.62 feet RUNNING THENCE North 75 degrees 45 minutes 40 seconds East, 43.56 feet; RUNNING THENCE South 26 degrees 21 minutes East, 12.27 feet; RUNNING THENCE South 75 degrees 45 minutes 40 seconds West, 65 feet to the easterly line of land as shown on Map of Laurel Park; RUNNING THENCE along the Easterly line of land as shown on Map of Laurel Park North 20 degrees 07 minutes West, 415.39 feet to the point and place of BEGINNING. TOGETHER with an easement of ingress and egress by foot over a 6 foot right of way adjoining premises being conveyed on the West for the whole length thereof. SUBJECT AND TOGETHER WITH a right-of-way with others, for egress and ingress only, along the northerly line of the property now or formerly owned by ROSE HAYWOOD and the southerly line of property owned by GENE EVERETT KLEINSMITH; extending easterly over land now or formerly of BEATRICE M. WASSON and/or ELINOR G. BEST, to Brush's Creek; and being 20 feet in width at the aforesaid private road and 10 feet in width at Brush's Creek; the northerly line of said Right-of-Way being the northerly line of land now or formerly of BEATRICE M. WASSON and/or ELINOR G. BEST, and the southerly line being the northerly line of the premises herein described and a line from the northeasterly corner of premises to a point on the westerly shore of Brush's Creek 10 feet southerly from the northeasterly corner of land now or formerly of BEATRICE M. WASSON and/or ELINOR G. BEST. TOC~THER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TO~ETHF..R 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 incumbered 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 o£ this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. PRESENCE GRIFFITH KEVIN DENIHAN BARBARA S.~ DENIHAN · 10512 STATrOF NEW YORK, C:OUNTY OF SUFFOLK SS: Onthe21st dayof November 87,beforeme permn~ly ~me GRIFFITH KEVIN DENIHAN and BARBARA S. ~oENI~AN me anown to be the individual described in and who executed the foregoing instrument, and acknowledged that they exerted the same. NOTARY PUBL~.C~:~,-r / tHOMAS BEASLEY ~OTARY pUBLiC, SIdle r:f Flew ¥o~ ,,~ [erm ~R,r°~ On ~e ~y of 19 , ~ore me ~rsonAHy ~me to me ~own, who, b~ng 5y me d~y swo~, did de~se and say ~at he resides at No. ; ~t he is ~e of , ~e co~orafion d~bed in ~d whi~ ~e~ted ~e ~o~oing instruct; ~t knows ~e seal of ~id co~ti~; Aat Ac s~l ~ed to ~d instmmmt is such co~mte stol; ~at it ~s so a~ed by order of the b~rd of dire~ors of mid co~om- tion, and ~at he si~ed h ~me thereto by like, order. STATE OF NEW YORK, ~OUNTY OF On the day personally came 19 SS: , before me to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. STATE OF NEW YORK, COUNTY OF SS: On the day of 19 , before me personally came the subscribing wimess to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. ; that he knows to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. iltarBai, am3 WITH COVENANT AGAINST GRANTOR S ACTS DENIHAN TO ESCHMANN ffAIdL~I FMlil if NEW YORK J ~ TITLE IIIIERWlIIT~lS Distributed by CRIGAGO TITLE INSURANCE COMPANY HARVEY-GERRY ASSOCIATES, INC. 26 COURT SlREET BROOKLYN. NEW YORK 11242 DIST. 1000 SECtiON 145 BLOCK 0400 LOT 10 COUNTY OR TOWN Re~orded at Request o~ CHICAGO TITLE INSURANCE COMPANY Re~um by Mail to SHEA & GOULD 330 Madison Avenue New York, N.Y.10017 Attn: Edward J. Martin Zip No. 617.21 C Appendix C Slate Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTZONs Only PART I~PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR i 2. PROJECT NAME " RIVERSIDE NOHES, INC.,AS AGENT 495 NesrobJan Drive, Laurei~ NY 3. PROJECT LOCATION: Municipality co~.,, Suffo I k 495 Mesrobian Dr~ve, Laurel, NY SEQR IS PROPOSED ACTION: [] New i--'J £xoansion DESCRIBE PROJECT BRIEFLY: ~Modiffcatlonlalteraflan desirous of leaving a detached outside shower where now located on the property AMOUNT OF LAND AFFECTED: WILL PROPOSED ACTION COMPLY WITH F~XISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? Variance being requested in order to leave shower where it is now located $0. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING. NOW OR ULTIMATELy FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL. STATE OR LOCAL)7 . If yes, list agency(sD and permitlapprovals I!. DOES ANY ASPECT CF THE ACTrON HAVE A CURRENTLY VALID PERMIT OR APPROVAL? 12. ASA RESULT OF PROPOSED A'JTI( ,~ WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ~] Ye, [] No [,IAT/ON PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE ---'--'--'----' RI~ INC., as agent o~,~: NOV.~ 1989 ction is in the Coastal Area. and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER I (Continued on reverse side) ~hT~e~N'Y'S' Environmental Qualit Rev' (d) E~nvironmental A~sessm._~nt 3. Will project alter or have a large effect on a~ existing body of water? 5. Will project significantly effect drainage flow 7. Will project result in a major adverse effect on ~ air quality? 8. Will project have a major effect on visual char-~Yes ~o u~e of historic, pre-historic, or paleontological. i0. Will project have a m~jor effect on existinq or 11. Will project result in major traffic problems or 12. Will project regularly cause objectionable odors, 13. Will project have any impact On public health 14. Will project affect the existing community by ~YeS~No pro]oct? Preparer,$ Signature: ~Yes~_No Z~k ~/75 ... ~zu num:o~ INC., as agent Date: Nov. 1989 Please complete, sign and return to the office of thc Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch), to scale, and sub,it other supporting documenta- tion. ~ 1. Are there any proposals to chanq~ o~ alter land contours? 2.a)Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference.) b)Are there any areas open to a wate~ay without bulkhead? 3. Are there existing structures at or below ground level, such as patios, foundations, etc? 4. Are there any existing or proposed fences, concrete barriers, decks, etc? ~ ~.C~ ~ C~_ _~ 5. If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground level? State total: ' '~[? ft. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total: ft. 7. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Yes Yes Yes Yes Yes Yes Are there any building permits pending on this parcel (or abutting land under your ownership, if any)? State Permit ~ and Nature: Yes ~ e Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning Board Town Board Town Trustees County Health De_~artment Village of Greenport N.Y.S.D.E.C. Other Yes Yes Yes Yes 10. 11. 12. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from cqnt~act) Is new construction proposed in the area of contours at 5 feet or less as exists? If new construction is proposed in an area within 75 ~eet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have · you made application to the Town Trustees for an 'inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? Yes ~ Yes ~ 13. Please list present use or oper~ations conducted_upon t__hq--- subject property at this time ~e~---~,~-~_~ - and proposed ~ Please submit photographs [or ~e record. I certify that ~he~bove statements are true and are being submitted for reliance by the~Eo~d of~ppeals in considering my application. RIVE~ID~HOM~INC., as agent / ~ President -. - Yes WF~TLANDS ~'Arnended H-~fi-Tt; hy L.L. No. 2-l.q7fi: .~-~t~- 85 by L.L No. A. TIDAL W~TI.ANDS: (1) Ail lands ~enernllF cav,n'~,d or intermittently t'~v. ered w/th, or w c bord~,r on. tidal wtt :r:, or lands lying beneath tidal wnter~, which at mean Iow . are covered hy tidal waters to a maxmmm depth five {fi) feet. ineludin~ hut not limited to bank~. bogs..salt marsh, swamps, mea~ ows. flat:s or other low lying lands subject to tidal aeti.n: (2} All banks, bogs. mend~ws, fiats ami tidal mar:~h subject ~ such tides and Upon which ~rows or grow some or any of the fifllowinn: salt bay, black grass, saltwora, sea lavender, tall eord~rass, h/ah bush. cattails, groundsel, marsbmalto~v and march cordgrnss: and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection At2) and lyin~ within seven. ty-five (75) feet landward of the most landward edge of such a tidal wetland. FREsIIWATER WETLANDS: (1) 'Preshwa~r wetlands" as defined in Artiete 2.1, tie I. ~ 24-0107, Subdivisions l(a) ~ l(d) inclusive, of the Environmen~l Conservation Law of the Stag of Ne~ York: and (2) All land immediately adfaeent ~ a"~reshw:ttor wet- land," as dui/ned in Subsection Bi 1) and lyin~ in seventy-fivo (75} feet landward of the most land. ward edge of a "&'eshx~'ater wetlaad." 9705 ~r~ OF NEW YORK q E A L P R 0 P'E R T y ~.~U~TY - SUFFOLK C P, O S S R E F E R E N C E L ,..~'~WN OF SOUTHOLD .......... PARCEL ~DENT~'~[~-A~[~N ~EQU~¢f' WIS - 473889 '~ --- ...... ~_T- 1988-.. PARCEL ID .... F~G N A ~ E LAND .... 1~5.-]-1.2 C NX DILLER MARIE EST 1,600 [[5.-2-1.3 ........ COT ~NULTY MILDRED .......... C PP MCNULTY EDNA 1,600 F45.-2-1.5 .............. C-QC M~NUL~y ANIT~ ......... 145.-2-t.6 CRH MCNULTY HELEN 2,500 ~5--2~2 ............. C ~'-~'~[ER'S E[iZABEYH P ~000 '~.-2-~ C NR THOET DOROTHY ENLERS 'A5.-2-4 ................ C b~Y~R- ELIZABETH S ..... ~5.-~-5 C PO TETE~ ELIZABETH S ],500 ~5.-2-6 ........ ~-~ E~OI~GER BEVERLY ..... 45.-~-~ C ~P FARRELL EILEEN 1.900 ~5-~]-~ C ~I LEARY ~iR~AR~ ANN ;5.-2-Q C SO CROSSLEY JOHN R 45.-2-10 ............. ~ ME-'~RDINALE AiER[O ASR ~3.-~-11 C ~X SIDOR MARTIN & WF ~5.-~-12 C NQ K~O~ LXURIE ANN & ANO 1.OOD- 45.-2-1~ C PC ~URNS JOHN J ~ WF 1,300 ~S.-~-15 .............. C-'~V' BURNS-JOHN J & WF .......... ~S.-2-16 C QO ~URNS JOHN J ~ WF 1,700 ~5.-2-17.1 ..................... ~6"PERiL[-O-~HOS-V B ORS ~5.-2-17.2 C SZ PER[LLO TWOS V JR ~ OR 1,100 ~5.-2-18 ................. C SA~ WOOD ESTS PROP OWNRS 145.-2-19 C ST KROM ANN ~4S.-3;1 ...... 2,500 -~MV-SAUL['E 'MICHAEl &-O~S ....... 1,400 4S.-~-~.2 C PG FALCO VZNCENT ~ WF 700 ~5.-~-~,1 .......... ~-PO -Z ASA~'zNO ~NTHONY ........... 7~0 145.-3-4 C PA B[ANCO MICHAEL J & WF 1.400 ~15.-3-5 ......... C-PT STUMPF 2EAN M ......... 700 5.-~-6 C QM BOSSLER LOUISE 2.500 5.-t-7.1 ..... ~--"~ ~jNKNOWN OWNER 5.-~-9.1 /C TN ROMANELL[ MARIA ~,600 11.7 5.-3-10 ........... ~ MU NAcKNAuER'AUGUST MELGA ........... 700-~~ ~45.-3-11 ~C NN PECCHIO CARL G & WF 700 7,3 ,1~5.-3-13 ~C OZ BENNETT JOHN H & WF ~00 3,4 ~45.-3-14 ..... ~C PS BER~ER[CH FRANCIS C ......... 700 ,145.-~-15 ~C QL D[CANOL[A FRANK & WF ~00 6,1 ~5.-3-16 . ............. ~C- R~ DOROSKI J~MES D ............... ~00" - ~,~ 1~5--4-2-i ~ PA NERSOYAN MARIE E 2,000 4,7 ~45.-4'~ ............ ~ MURR~Y J~MES M JR .... ~00 145.-4-4 C PQ MERCORELLA ANTHONY 2,200 5,6 t~5-'4-6 ~C DC JOHNSTON GEORGE P ~ WF .... 1;500 ~&5.-4-~ ~ ~V POLEWAC DAWN 1,400 145--4-10 ~C NK ESCHMANN THOMA~ 2,500 ~4~.-4'12,1 ............ ~ PS -GR[LCO-JOSEPH J ~'SUSA .... S;O00 .... 14S.-4-13 ~ PP SEETH DOUGLAS S 1,800 5.5 t45--4-14 .......... C QI gALKER BERTRAM W & WF ..... 2;600 ...... 14S--4-15 C R9 ZEIDLER RICHARD & WF ~,200 15,4 1~5--4-16 ............ ~-RU 'CHISHOLM-JOAN ~ ...... 1;300 [~6 PAGE ..... TOTACS ; ...... 51 PARCELS (ACTIVE) 1,~" 8,8: 9,0~' 10,I~ ~,5' 1,0' 3,6: 5.2' BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of RIVERSIDE HOMES, INC., as agent to the Board of Appeals of the Town of $outbold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a ~(Special Exception)(Special Permit) (Other) [circle choice] RIANCE 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 495 Mesrobian Drive, Laurel 3. That the property which is the subject of such Petition is located in the following zoning district: 4 lhat h¥ such Petition, the undersigned will request the following relief: permission to leave and exisint outside shower in the location that is now enjoys 5. That the provisions of the Southold Town ZoningCode applicable to the relief sought by the under- signedare Article III A Section 100-3(] A 4 (100-33) [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you ma), then and there examine the same during regular office hours. (516) ?~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveter-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. RIVERSIDE HOMES, INC., as agent Dated: December 1~ 1989 b. ~ordon, President Petitioner Owners ' Names: Thomas Eschmann Post Office Address c/o PO Box 274 Riverhead, New York 11901 Tel. No. ( 516 ) 727-3395 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NAM~ Jas. D. Doroski Frank Dicanolia & Wife Francis C. Berberich John H. Bennett & Wife Lucienne A. Holfelder Carl G. Pecchio & Wife August H. Hacknauer Maria Romanelli Jos. J & Susan Grillo Douglas S. Seeth Simon Klein Dawn Polewac George P Johnson & Wife Marie E. Nersoyan PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS 1750 Peconic Bay Blvd. Laurel, NY I]948 32 6ompton St, East. Northport., NY 1173! 3040 Grand Blvd., Bladwin, NY ilS10 Suite 404, iii Washin§ton Ave., ^lbany, NY 12210 l0 Starr Lane, Bethel, Connecticut 06801 17 Shamrock Drive, Brookfie]d, Ct. 06804 Upper Creek Rd., Pine Hi]i, NY 12465 c/o AJ Schu]ier, 4 Hampton Ct., I~assapequa, NY li758 54 Elm Tree Lane, Jericho, NY 11753 1937 SE 33 Terrace, Cape Coral, Fla33904 580 Park Ave, Huntington, NY 11743 c/o Senko, 89 Peninsula Blvd, Hempstead, NY 11552 8 Starling Road, Randoif, NJ 07869 149 S. Pelham Drive, Kettering, Ohio 45429 STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: ELIZABETH A. CANNAZARO , residing at 406 Boxwood Drive, Slllrley, NY 119hZ , being duly sworn, deposes and says that on the ]st day of December ,19 89 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- ficeat Riverhead, New York (certified) ~trev~l~v~x) mail· Sworn to before me this / day of ,~,.~c ~,.~ ~rt. , 19 ~_~_~_____ N0otary Public ; that said Notices wer.~ mailed to e~a. ch of said persons by 7-,? Elizabeth A. Can~o ~ (This side does not have to be completed on form transmitted to adjoining property owners,) APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZ(O, JR. Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX NO. (516) 765-1823 July 18, 1989 MS. Elizabeth A. Cannazaro Riverside Homes, Inc. P.O. Box 274 1159 West Main Street Riverhead, New York 11901 Re: Your letter dated July 17, 1989 Proposed Application for Thomas Eschman Parcel No. 1000-145-4-10 Dear Ms. Cannazaro: We are returning the above documents, together with our instructions sheet and blank forms in order that you may complete and re-submit, after you have applied to the Building Department for a permit and disapproval for the same. Yours very truly, Enclosures cc: Building Department GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski PECONJIC. · "','.---- ABOUT II~J.O TO LA, UFZEL LAME C~ O rv Ef'c. ANE2 DICANOLIA ¢ WD. '~ O3MPTOt-4 bT. EAST NOQT~ POP_T ~'4 Y, i:'rzAl, lcr5 c OEI~,EIZ.ICH 3040 GI:;'AND BLVD. BALD',~/I NI, N .'W', 11510 BAV JQHN 1.4, BENNETT J WP. ~L)ITE 404, III V,/ASHINGTOJ'q AVE. ~L.~ANYI N,Y, 12~10 BOtJLE LUCI ENNE A. HOLFELDEE 10 GTAIT_i'Z LA. BETHEL, CT. 17 SNAI~ROCI,(.. DI~IVE. H, HACI/_ 1'4AU E I?_ AU6UST UPP£r4 CI2EE. I~. [kD. PIKIE NILL, i'4.Y. G,O~ 12465 D.- ~ z z~ o MAP OF P OPEI TY GU F2.VEVED FOE TFOiHAS ESCt IMANN LAUI?EL T0_W,._~_ 97_.?,,O.U~O Lp, l,,l.Y GEOI?GIE P. JOHI, Jc~OM ¢ r'4ANDOLF, I~.J. 07869 DAk,,/,',4 POLEWAc 89 IPENIh4DLJLA BLVD. "" I' ,~80 PArzl4. AVE / ~"~'-~ f DOUGLAS 5. SEETt-~ /,I :¢ ~.97- ~ %~ / / , '/- ~A' 19,880 S.F, J05 J. j~US~ 54 EL~ TEEE LAME JE{~I CHO, N,Y, SUFE CO, TA~ HAP PATA: lOCK) - ;45-4- lO, UMI4NOWN OW N ,'~ ii 'hk~h WATEI~ ~.72 07 I0 W, 88,~6 GFZEAT PECOtql C AG Gu i4VIEY D,L,; 0CT. 27,~989 ...... ,.,N~.....,,~.,,,. YOIZ$ - .Sr~!EN.rCcz_R__T' klm I~AY