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Home My WebLink About3887APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. Appl. No. 3887 Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, 1.1., N.Y. 11971 TELEPHONE (516) 765-1809 FAX No. (516) 765'1823 ACTION OF THE BOARD OF APPEALS Matter of MARK AND ELLIE GORDON. Variance to the Zoning Ordinance~ Article III, Section 100-33, for permission to construct a tennis court in frontyard area. Property Location: 1019 Private Road 97 Fords Road, Southold, County Tax Map No. 1000, Section 87, Block l, Lot 18.4. WHEREAS, a public hearing was held and concluded on December 19, 1989 in the matter of the Application of MARK AND ELLIE GORDON under Appeal No. 3887; 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 South Harbor Lane, Hamlet of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 87, Block 1, Lot 18.4. 2. This is an application for Variances from the Zoning Code Article III, Section 100-33, for permission to construct a tennis court in frontyard area. 3. Article III, Section 100-33, in 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. Page 2 - Appl. No. 3887 Matter of MARK AND ELLIE GORDON Decision rendered January 9, 1990 4. In considering this application, the Board finds and determines: (a) that there is no other method for appellants to pursue; and placing the proposed tennis court in any other location on the premises will require other variance relief; (b) that the area chosen for the tennis court is not unreasonably located; (c) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (d) that 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 RESOLVED, to GRANT a Variance in the matter of the application of MARK AND ELLIE GORDON as applied under Appeal No. 3887 for the placement of a 60' by 120' tennis court, SUBJECT TO THE FOLLOWING CONDITIONS: That the tennis court be moved 5 ft. further east (more center of lot). That the tennis court be no closer than 30 ft. from the west property line and 100+- ft. from the north property line. That the tennis court remain unlit and the fence does not exceed 10 ft. in height. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, and Dinizio (Absent Joseph Sawicki). This resolution was duly adopted. d Town Clerk, Town of $outhold i APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAV/ICKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX No. (516) 765-1823 NO'I'ICE 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 TUESDAY, DECEMBER 19, 1989, at the following 'times: 7:30 p.m. Appl. No. 3870 - MATTHEW CUSUMANO. Variance to the Zoning Ordinance, Article XXIII, Section 100-239d, (Article IIIA, Section 100-30 A.3) as disapproved, for permission to construct a deck and other additions, proposed construction will be less than 75 ft. from water or wetlands and will have insufficient front and rear yard setbacks. Property Location: 435 Briarwood Lane, Cutchog~e, County Tax Map No. 1000, Section 136, Block 01, Lot 01. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of December 19, 1989 7:35 p.m. Appl. No. 3868 - NICHOLAS NICKOLAUS. Variance to the Zoning Ordinance, Article XXIII, Section t00-239d A, as disapproved, for permission to construct addition to existing one family dwelling and accessory building, proposed construction is less than 100 ft. from bluff of'Sound in this R-80 Zone District. Property Location: 17555 Soundview Avenue, Southold, County Tax Map No. 1000, Section 51, Block 1, Lot 2. 7:40 p.m. Applo No. 3881 - WARREN AUGENTHALER. Variance to the Zoning Ordinance, Article III, Section 100-33, for permission to construct accessory building in frontyard area. Property Location: 7225 Nassau Point Road, Cutchogue, County Tax Map No. 1000, Section 111, Block 15, Lot 12. 7:45 p.m. Appl. No. 3893 - MICHAEL AND CLAIRE GLEW. Variance to the Zoning Ordinance, 280-A Approval of Access Right-of-Way, (Article XXVIII, Section 100-281 B, construct a one family dwelling). Property Location: 61339 Main Road, $outhold, County Tax Map No. 9000, Section 56, Block 1, Lot 41. Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of December 19, 1989 7:50 p.m. Appl. No. 3873 - VINKO NALETILIC. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, for permission to construct a deck addition, construction exceeds permitted lot coverage of this R-40 Zone District. Property Location: 780 Orchard Street and 1300-2nd Street, New Suffolk, County Tax Map No. 1000, Section 117, Block 7, Lot 22. 7;55 p.m. Appl. No. 3879 - CHARLES MALONE. Variance to the Zoning Ordinance, Article XXIII, Section 100-230C (1), 100-231 A., for permission to construct a 6 ft. fence in frontyard area, fence exceeds 4 ft. in height. Property Location: 358 North Sea Drive, Southold, County Tax Map No. 1000, Section 54, Block 5, Lot 19. 8:00 p.m. Appl. No. 3886 - ROBERT STAPLES. Variance to the zoning Ordinance, Article XXIII, Section 100-239d (C), for permission to construct a new dwelling adjacent to freshwater wetlands in this R-40 Zone district, proposed dwelling will be % closer than 75 ft. from freshwater wetland. Property Location: 785 Wilmarth Avenue, Greenpo~t, County Tax Map No. 1000, Section 41, Block 1, Lot 7. Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of December 19, 1989 8:05 p.m. Appl. No. 3894 JOSEPH AND LAWRENCE PEARLSTEIN. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B, for permission to construct deck addition with insufficient front yard setback. Property Location 2225 North Sea Drive, Southold, County Tax map No. 1000, Section 54, Block 04, Lot 23. 8:10 p.m. Appl. No. 3892 ANTHONY BOLLETINO. Variance to the Zoning Ordinance, Article III, Section 100-33, for permission to construct an accessory shed and gazebo in front yard area. Property Location: 16705 Main Road, Route 25, East Marion, County Tax Map No. 1000, Section 23, Block 1, Lot 14.6. 8:15 p.m. Appl. No. 3888 - ERNEST TARMIN. Variance to the Zoning Ordinance, Article III, Section 100-33, for permission to construct Accessories; pool, tennis court and shed in front yard area. Property Location: 29823 Row off Main Road, Orient, County Tax Map No. 1000, Section 14, Block 2, Lot 1.10. Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of December 19, 1989 8:20 p.m. Appl. No. 3887 ~ MARK AND ELLIE GORDON. Variance to the Zoning Ordinance, Article III, Section 100-33, for permission to construct a tennis court in frontyard area. Property Location: 1019 Private Road #7 Fords Road, Southold, County Tax Map No. 1000, Section 87, Block t, Lot 18.4. 8:25 p.m. Appl. No. 3891 - ELIZABETH JOHNSTON. Variance to the Zoning Ordinance, Article III, Section 100-32.4 (A), for permission to construct a lap pool, accessory pools not permitted in frontyard area. Property Location: Row off Oregon Road, Cutchogue, County Tax Map No. 1000, Section 073, Block 02, Lot 01. 8:30 p.m. Appl. No. 3884 - DICKINSON/THOMPSON. Variance to the Zoning Ordinance, Article I, Section 106-20, (Article III, Section 100-32), for approval of insufficient area in this pending division of land and Bulk and Parking regulations. % Property Location: Main Bayview Road, Southold, County Tax Map No. 1000, Section 078, Block i99, Lot 30. Page 6 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of December 19, 1989 8:35 p.m. Appl. No. 3889 --.TIMOTHY AND GEORGE WELLS. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, Bulk and Parking Regulations, (Article I, Section 106-20), for approval of insufficient area in this pending division of land. Property Location: South Harbor Road, Southold, County Tax Map No. 1000, Section 075, Block 07, Lot 1.~, 1.4, 1.5. 8:40 p.m. Appl. No. 3890 - WALTER GLASSER. Special Exception to the Zoning Ordinance, Article IX, Section 100-91, for permission for change of use from Place of Worship to Office/Apartment. Property Location: 475 Beckwith Avenue, Southold, County Tax Map No. 1000, Section 061, Block 1, Lot 25. 8:45 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. ~age 7 - Notice of Hearings Soathold Town Board of Appeals Regular Meeting of December 19, 1989 8:50 p.m. Appl. No. 3896 - JEPd{Y GAMBONE AND KES ZAPKUS. Special Exception to the Zoning Ordinance, Article IX, Section 100-91, for permission to have Office/Retail business on first floor and residential rental apartment on second floor. Property Location: 55415 Main Road Southold, County Tax Map No. 1000, Section 62, Block t, Lot 12. 8:55 p.m. Appl. No. 3872 - COMPASS TRANSPORTS. Resolution to conclude hearing in its entirety. 9:00 p.m. Appl. No. 3770 - PORT OF EGYPT. Proposed motion of the Board to re-open said hearing closed on November 8, 1989. 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 December 4, 1989. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date ...~./. ~ ................. , 19 ~.~.. · .~ .o. ~.~...~,,~'.,~... ~.~. ..... ........ PLEASE TAKE NOTICE that your application dated ..... ~ q ............... 19 .~. for pe~it to ~~. ~ ~..~~"~~~ ...... at Location of Property ~'Q/ County Tax Map No. 1000 Section ..... ~2 ..... Block .../ Lot .../~z.~ .... Subdivision ................. Filed Map No. : ............... Lot No .................. is returned herewith and disapproved on the following grounds..d~.....~.4-C~ · ~/~.../~. ~. :. ~..s..,..~......~......~...&i ....... RV 1180 Il ~' ~ I:' I V I:' D TOWN OF SOUTHOLD, NEW YORK S~ I~ DECISION OF BUILDING INsPEcTOR O^T .......... S011~J~I~/~I~JBOARD OF APPEALS, TOWN OF S~THOLD, N. Y. ~, (We) ~n~i~.~..~sk..l~ ..................... of 302~ ~;~.~cm~..~.~ ........................ Name of Appellant Street and Numar ................... ~¢c~4,.~ ..................................................................... g.~., .......... H~RESV AP~L TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..................................... ( ( ( WHEREBY THE BUILDING INSPECTOR DENIED TO En~ r~e~~< £~.~r ...I~,e.~,..~..E..LIL~....G~.c~.~.~. ............................. Name of Applicant for permit of ..&.025..I .~t~,..~_~, ..~. ,e_ ................................................................................ Street and Number Municipality State ) PERMIT TO USE ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ...... ,/...~.1.~.i .......... ~..~.~..,~)~.:...~....~.......~.¢.8.~,./~......S.e.~k~J.~. ~?-%'Street /Hamlet / Use District on Zoning Mop ~.s..~.~.~...~?~..~.~.~.?.g.~...~.~.~..~....~..~.~:~,Ptent ~ner m~,>~, ~ E,I, ~ ~,~ Mop No, Lot No. PcJOr 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 Ordi.nonce.) Article ~ Section /OO -,~ 3, TYPE OF APPEAL Appea~ 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 Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ( ) (') ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that (Continue on other side) REASON FOR APPEAL Continued STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because ,~s with ~auy 0ropertie, s or~ the water the front and rear yards are reversed and in extreme tides much of the wnter side of the property is flooded. 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 the r~aJartty of the home s in the area are not ~n the w,~er and have sufficient rear yard area. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the preseat fro~t yard abuts ma.~y of the aeighbors rear yard areas and rear yard activities such as garages, utility buildings and storage. STATE OF NEW YORK ) ) ss COUNTY OF ) Sworn to this o;~S'- day of ........ :~.?~ ]9~'/ Notary Public NOTARY PUBLIC, State of New Yolk No, 4707878, Suflotk County.. / Term E~pke~ M~ch ~0, ~9 /,~ 6:, -~x- t -I~;4 TOWN OWN ER FORMER OWNER OF SOuTHOLD OPE TY RECORD CARD COMM. VILLAGE DISTRICT,.~ J SUB. ACREAGE I ~ '.-" ,TYPE OF BUILDING J RES. ~ SEAS. VL IND. CB. MISC. LAND IMP. TOTAL DATE REMARKS ~.~W Farm Tillable I Tillable 2 j Tillable 3 Wcodland J Swampland 4(,00 Ac re /alue Per Acre ABOVE Value~ t IB' ru~h!~d House Plot Total " Extension )L~-,~.~..~/Z~.J~,.~- ,~,~,3'~ ~y ~'Walls W4 ~} lnteri°rFinish ~. Extension /~ ~ ~7 > ,~ 7~ Porch Attic Porch Rooms ]st Flor Breezeway ~0 ~, t / ? ~ 0 Patio R~ms 2nd Flor 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 ACTION OF THE BOARD OF APPEALS ScoTr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appl. No. 3927 Matter of MARK AND ELLIE GORDON. Variance to the Zoning Ordinance, Article III, Section 100-33, as disapproved, for permission to construct an accessory building to tennis court located in front yard, accessories permitted in the rear yard area only. Property ~oca%ion: Private Road #7, Fords Road, Southold, County Tax Map No. 1000, Section 087, Block 01, Lot 18.4. WHEREAS, a public hearing was held and concluded on April 19, 1990 in the matter of the Application of MARK AND ELLIE GORDON, under Appeal No. 3927; 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 South Harbor Lane, hamlet of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 87, Block 1, Lot 18.4. 2. This is an application for Variances from the Zoning Code Article III, Section 100-33, as disapproved for permission to construct an accessory building to tennis court located in front yard, accessories permitted in the rear yard area only. 3. Article III, Section 100-33, In 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. Page 2 - Appl. No. 3927 Matter of MARK & ELLIE GORDON Decision rendered May 15, 1990 4. The subject premises in question is improved with a one story framed house and contains an area of 4.298 acres in this R-80 Zone District, the proposed accessory structure will be 55 X 24. 5. Also noted for the record under Appeal No. 3887 for a tennis court in the front yard area. This Decision was approved conditionally on January 9, 1990. 6. In considering this application, the Board finds and determines: (a) that there is no other method for appellants to pursue and placing the accessory building in any other location on the premises will require other variance relief; {b) that the area chosen for the accessory building is not ~nreasonably located;~ (c) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; Id) 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. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to GRANT a Variance in the matter of the application of MARK & ELLIE GORDON as applied under Appeal No. 3927, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the accessory building with shower facilities provide access into the facility by door or doors on exterior wall of building only. 2. That the accessory building only be used for storage purposes (excluding shower facilities) and that any lighting be shielded only to the properly exclusive of the tennis court facility which shall remain unlit. Page 2 - Appl. No. 3927 Matter of MARK & ELLIE GORDON Decision rendered May 15, 1990 Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Sawicki and Dinizio (Absent Serge Doyen). This resolution was duly adopted. df GERARD P. GOEHRINGER, CHAIRMAN PARCEL ID R DG N A M E ~v .... $7.-1-15 C QW GOMEZ ARTURO ]900TM -~7 -1-1R .~'C~ TB SOUTHOLD PARK D[ST 10000 GO,DON MARS' ELL 18ooo- 87.-1-18.6 LAVINIA, RALPH' 3700__ 87.-1-19 ~C TU WELLS SOUTH HARBOR COR 6400 87.-1-20 C NX PAUL ROBERT E 8700 87.-1-21 COQ BAYLEY, ROBERT T 87.-1-22 C PJ gALLENGER JR, W S & WF _ 15900 87.-1-23.4 C TM CASTOLDI PATR[CIA ANNE 13400 87.-1-23.6 C VE BEAUD[N, JOSEPH & WF ...... 2400~ 87.-1-23o7 C WA BLAKE CHARLES V 12100 87.-1-23.8 C WW HOLZAPFEL JOHN & WF ..... 9900 87.-I-~6.1 - -CRR GERARDI JO ANN 7300 87o-1-24.2 C SN KUBACKI, JOSEPH & DORO ~00 87.-!-25 CRO LAUGHING WATER PROPERT 600 87.-1-26 C SH DRUM, HENRY W ~.ANO ..... 600 87.-1-27 ~ TA WOLKOWITZ GARY 1200 87.~2-1 CNW MEALY, ROSA 1800 87.-2-2 C OP MEALY JR AUBREY & ANO 200 87.-2-3 C PI MEALY, AUBREY 500~ 87.-2-4 C Q~ LAUGHING WATER PROPERT 100 87.-2-6 CRN DEMARIA, RICHARD 6600 87.-2-7 C SG RIOS ARTHUR & WF 5~00 8?.-2-8 C SZ AUMAN JR, FREDERICK P ~500 87.-2-9 C TS BIEGAN, BERNARD & ESTE 2200 ~7.-~-10 C NV PRIETO RICHARD R & WF 2300 87.-2-11 C O0 CRACCHIOLA ANTHONY & W .... 3600 87.-2-12 C PH TROIS[ MICHAEL E ~ WF 3300 87.-2-16 C ~T MATH[E, JOAN C RSB 7&O0 87.-2-15 CRM SMALL, DAVID Y & WF .... 1700 87.-2-16 ' C SF RICO, FRANK S wF SCFS 7300 87.-2-18 C TR WHITE JOHN J & RNO 5600 87.-2-19 C UK DRESCH, WM C & WF .... 1&O~ 87.-2-20 C ON DEAN JEAN I 8500 87.-2-21 C PG SNELLENBURG BENTE 7800-- 87.-2-22 C PZ BILARY RICHARD C & WF 11100 87.-2-2~ C QS SPIRAKIS SOCRATES & WF --' ~800 87.-2-2& C RL LUHRS ADOLPH J & WF 8300 87.-2-25 C SE PUFAHL ROBERT & CAROL .... 9300 87.-2-26 C SX BERSON MARJORIE & ANO 2500 87.-2-27 C TQ BERSON, MAJORIE E "-- 2500 87.-2-28 C UJ GEODESIC HOMES INC 13600 87.-2-29 ' C VC CHIRCO RONALD T & OOLO ..... 5~00 87.-~-30 C PF DE REEDER, EDWARD & WF 7200_: R7.-~-31 C PY KAZEM[,FARHAD & WF SSB '- 7000 ~7.-2-32 C QR KASSNER, ROBERT G & WF 8000 . 87.-2-3) C RK LEWANDOWSK[, ANTHONY & - 7700 87.-~-~6 C SD PALM[ERI, ANTHONY N 1600 87.-2-35 C SW YANKE EDWARD R & DOROT ' ~q800 ~7.-~-36 C TP MORRIS MELVIN W & WF 7000 . 87.-2-37 C U! BEAR,FRANKLIN & WF 6900 PAGE TOTALS 51 PARCELS (~CTIVE) 28~,~48 COUNTY 288,3 Environment East, Inc. R. R. No. 3 3075 Indian Neck Lane Peconic, New York 11958 516-734-7474 November 8, 1989 Southold Town Zoning Town Hall Main Road Southold, NY 11971 Board of Appeals Dear Sirs, Enclosed is a letter sent to us with a request to foward it to you. This p~rtains to the application we hav~ filed on behalf of the Gordor½.8 for their propost~d Lunni~ court. Sincerely, ~ ~ [residen~ Enviro~ ~st, Inc. GARY WOLKOWITZ 575 West End Avenue New York, New York 10024 November 6, 1989 Board of Appeals Town of Southold Southold, NY 11971 Dear President and Members of the Board of Appeals: I am writing this letter so that I may go on record in regards to the tennis court that my neighbors Mark and Ellie Gordon have planned to construct at their home on Private Road, off of South Harbor Lane in Southold, New York. I understand the reasons that the court cannot be located anywhere else on the property and I feel that this area is a good choice. In knowing the Gordons, I know it will be properly maintained. If I can be of any further help please feel free to contact me. Gary Wo~wit z ~ APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAtRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, l.l., N.Y. 11971 TELEPHONE (616) 765-1809 January 26, 1990 Environmental East, Inc. R.R. No. 3 - 3075 Indian Neck Lane Peconic, NY 11958 Re: Appl. No. 3887 - MARK AND ELLIE GORDON (Variance). Dear Mr. Stoutenburgh: 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 DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE 360-5206 February I, 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 Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) ~atthew Cusumano Mark & Ellie Gordon Jerry Gambone & Kcs Zapkus 3870 3887 3896 Very truly yours, Arthur H. Kurtz Director of Planning' GGN:mb S/s Gerald G. Newman Chief Planner Southold Town Board of Appeals MAIN R{3AD- STATE ROAD 25 SOUTHE}LD, L.I., N.Y'. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZ[O, JR. to Article XIII of the Suffolk xx Pursuant Board of Appeals of the following Variance Variance Special County Charter, the the Town of Southold, New York, hereby refers to the Suffolk County Planning Commission: from the Zoning Code, Article III, Section 100-33 from Determination of Southbld Town Building Inspector Exception, Article , Section Special Permit Appeal No.: 3887 Applicant:Mark and Ellie Gordon Location of Affected Land: 1019 Private Rd. #7 Fords County Tax Map Item No.: 1000_87-1-18.4 Within 500 feet of: XX Town or Village Boundary Line Body of Water (Bay, Sound"or Estuary) State or County Road, Parkway, Highway, Boundary of Existing or Proposed County, Boundary of Existing or Proposed County, Other Recreation Area Rd., Southold,N¥ Thruway State or Federally Owued State or Federal Park or Land Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. £OMMENTS: Applicant in frontyard area is requesting permission to constr~¢t A tennis court Copies of Tovm file and related documents enclosed for your review. Dated: January 30, 1990 .JUDITH T. TERRY To: From: Dated: September 27, 1989 Transmitted herewith is Zoning Appeal NO. Mark and Ellie Gordon OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Southold Town Zoning Board of Appeals Judith T. Terry, Southold Town Clerk Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 3887 application of for a variance. Also included is: Notification to Adjacent Property Owners; Short Environmental Assessment Form; I~/tter relative to NYS Tidal Wetlands I_and Use; Notice-of:Disapproval from the Building Department; survey of property; and any other attachments relative to this application. Judith T. Terry Southold Town Clerk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 20 21 22 23 24 25 SOUTHOLD TOWN BOARD OF APPEALS MEETING OF DECEMBER 19, 1989 Time: 7:35 p.m. MEMBERS ARE: James Dinizio Joseph H. Sawicki Gerard P. Goehringer, Chairman Charles Grigonis Serge Doyen, Jr. (Absent) Doreen Ferwerda, Secretary to Board RAM Court Reporting Service 216 Court St. Riverhead, N.Y., ($1&} 727-3168 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 26 of the on have is where the approximate placement swimming pool. He showed me where it was the property but I don't know the actual dimensions so we'll have to give him a call. I'll offer a motion to close the Hearing pending receipt of the actual placement of the swimming the house which is, acre parcel on the pool in the front yard of by the way, a 5 foot .755 Long Island Sound. MR. GRIGONIS: Second. MR. GOEHRINGER: Ail in favor? next appeal is on behalf appeal number 3887. follows: THE BOARD: Aye. MR. GOEHRINGER: The of Mark and ~l]i~ ~rd~5, The legal Notice reads as "Upon application of the applicant, again, 3887, variance to the Zoning Ordinance, Article III, Section 100-33, for permission to construct a tennis court in front yard area. Property lcoation is 1019 Private Road #7 Fords Road, Southold, which is a private right-of-way off of South-Harbor Road. Suffolk County Tax Map parcel 1000-87-01-18.4." I have a copy of a sketch of a survey with RAM Court Reporting Service 216 Court St.,l~lverhead, N.Y., [S16) ~27-3168 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 27 no name on it indicating the nature of this regularly shaped piece of property which the nature of this application is a 60 by 120 proposed tennis court in the front yard area, size of the property is approxiamtely 4.236 acres. This tennis court is in the front yard, as I said, and adjacent to the driveway after making the turn into the largest part of the property. And it is well before the main part of the house. I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Would you like to be heard? MR. STOUTENBERG: Peter Stoutenberg. the Board, I'm here Thank you, Mr. Chairman. Mr. Chairman and Members of for the most part to answer any questions that you might have. I assume you've been to the site and seen how it is staked. Mark and Ellie Gordon spent some time looking over their property just what particular area was available for a tennis court and included DEC considerations for their rear yard. It was the only site that we could come up with that was either level or that, again, with DEC consideration~ we could build on. They do own one of the piece of RAM Court Reporting Service 216 Court St.,Rlverhead, N.Y., (516) 727-3168 1 2 3 4 5 6 7 8 9 I0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 property to the north of that which buildable lot and they had hoped not to, that seemed to be centered more amongst 28 is a single since an established community, they hoped not to have to put the tennis court on that area. Again, if there are any questions. MR. GOEHRINGER: What is the approximate distance, Peter, from the Dimara property? MR. STOUTENBERG: The stakes that are set there right now are 25 foot off of that right at the edge of the right-of-way. If that is a problem, I'm sure that a 5 foot setback from that would be acceptable for the Gordons. Any more than that and they're losing their established drive on the eastern side. GOEHRINGER: What about fence height, MR. 10 feet? MR. STOUTENBERG: and south and 4 foot on the east and west. Ten foot on the north MR. GOEHRINGER: Okay. What about MR. STOUTENBERG: There are no plans it at ~east in the proposal that I've seen, I can't say that's not something they would like to consider, particularly at a time of the year lighting? for but RAM Court Reporting Service 216 court St.,Riverhead, N.Y., {516} 727-3168 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 29 that there is foilage and its unseen from that property. MR. GOEHRINGER: What about screening, any idea of screening? MR. STOUTENBERG: They could do anything. I mean there are no plans for it again because it's in the middle of a wood lot and at this time of year you can see a couple of shadows of houses in there. I did get a response, I think I sent through to you people from the one neighbor that it would most affect, and he didn't seem to have any objections at all. We discussed it with him. I sent a little letter I think that's in your file. It is in the front yard as our laws our set up, but as far as affecting people, I really see no one who overlooks it or should be affected in any way. But if there are questions or any considerations from people in the audience, I'd be more than willing to address them. MR. GOEHRINGER: Okay. Thank you very much. Is there anybody who would like to speak in favor of th~s application? MR. HORN: Yes. My name is Alan Horn, and I use the right-of-way adjacent to the proposed RAM Court Reporting Service 216 Court St.,Rlverhead~ N.Y., {516! 727-316~ 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 30 lot and the stakes are kind of right -- I have to avoid them when I'm riding down the road. So I was wondering if that was a little too close or the right-of-way had to be moved or what the story was with that. Unless I'm really keeping my eye on the sticks, I could side swipe them without any problem. I think if there's a fence there, I think there's going to be a problem bringing vehicles down there. MR. GOEHRINGER: Is there anybody else who would like to speak either before or against this application? You said 5 feet was not a problem? MR. STOUTENBERG: The road when it was put in, as many are, was without a survey right to the edge of that 25 foot right-of-way. When we walked over the site, they're going to be more than acceptable to a 5 foot perimeter from that which I'm sure would be well off the established road so it would be a 30 foot setback from that property. MR. GOEHRINGER: We'll go back and remeasure it and see if we're happy with something like that. MR. STOUTENBERG: Even keeping the tennis RAM Court Reporting Service 216 Court St.,Riverhead~ N.Y., (516] 727-3168 1 2 3 4 5 6 7 $ 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 31 court that's laid out now is for exterior dimension, interior dimension would be 5 foot less in width. So we'd be more than happy to accommodate that. MR. GOEHRINGER: Thank you. Any questions from Board Members: MR. DINIZIO: I just have a question. I don't see any fence indicated on here, on mine. I was wondering how high the fence would be. MR. STOUTENBERG: The fence would be at the dimensions that are indicated on there provided you have the same survey. I think you have. The height that they are looking for is the standard 10 foot on the two narrow ends which is traditional and then dropping down to a 4 foot height at that point. It projects 15 foot of either side. I can send through some more updates if that's necessary. MR. DINIZIO: No. It just wasn't indicated. So I'm clear on this. You're willing to go 5 feet to the east of that? MR. STOUTENBERG: We're willing to hold a fencing at a 30 foot setback of that westerly line. MR. DINIZIO: Which would be 5 feet from RAM Court Reporting Service 216 Court St.,Riverhead, N.Y., ($16} 7~7-3168 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 where that stake is? MR. STOUTENBERG: on that. 32 Yes. Right now it is set right-of-way. out that the east and was right on the edge of that. not'go back and restake that. And having discussed this with the owners they said, When we originally went down there we assumed that the right-of-way was only ten or twelve foot wide which was in the center of the When it was staked out, we found road, of course, wandered to the We did if that was a consideration, they surely weren't opposed to moving the road to the center of the right-of-way and they'd be willing to move the tennis court another 5 feet. That still gets everybody to the edge of their drive on the other side. MR. GOEHRINGER: Thank you. Does that answer your question? MR. DINIZIO: Yes, it does. MR. GOEHRINGER: If there are no further questions, I make a motion closing the Hearing reserving a decision to later. MR. SAWICKI: Second. MR. GOEHRINGER: All in favor? RAM Court Reporting Service 216 Court St.,Riverhead, N.Y., {516] 727-3168 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 December 19, 1989 s,s.q.n.;~. TYPE II ACTION DECLARATION Appeal No. 3887 Project/Applicants: Mark and Ellie County Tax Map No. 100047_]_]8 Location of Project: ]0]9 Pvt. Rd. Gordon .4 #7 Fords Rd., Southold, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct a tennis court in front yard 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 contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. 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 Sonthold Town Hall, Main Road, Southold, NY 11971, on TUESDAY, DECEMBER 19, 1989, at the following times: 7:30 p.m. Appl. No. 3870-- MATTHEW CUSUMANO. Variance to the Zoning Ordi- nance, Article XXIII, Section 100-239d, (Article IIIA, Section 100-30 A.3) as disapproved, for permission to construct a deck and other additions, proposed construction will be less than 75 ft. from water or wetlands and will have insufficient front and rear yard setbacks. Property Location: 435 Briarwood Lane, Cutchogue, County 'Pax Map No. 1000, Section 136, Block 01, Lot 01. 7:35 p.m. Appl. No. 3868-- NICHOLAS NICKOLAUS. Variance to the Zoning Ordi- nance, Article XXII1, Section 100-239d A, as disapproved, for permission to construct addition to existing one family dwelling and accessory building, propos- ed construction is less than 100 ft. from bluff Of Sound in this R-80 Zone District. Property Location: 17555 Soundvicw Avenue, Southold, County Tax Map No. 1000, Section 51, Block 1, LOt 2. 7:40 p.m. Appl. No. 3881- WARREN AUGENTHALER. Variance to the Zoning Ordi2 nance, Article III, Section 100-33, for permission to con- struct accessory building frontyard area. Property Loca- tion: 7225 Nassau Point Road, Cutchogue, County ~ax Map No. 1000, Section 111, Block 15, Lot 12. 7:45 p.m. Appl. No. 3893-- MICHAEL AND CLAIRE GLEW. Variance to the Zoning Ordinance, 280-A Approval of Access Right-of-Way, (Article XXVIII, Section 100-281 B, construct a one family dwell- ing). Property Location: 61339 Main Road, Sonthold, County lhx Map No. 1000, Section 56, Block 1, Lot 41. 7:5~itll~ppl. No. 3873-- VINIq~I~I[TI LIC. Variance to the ~ning Ordinance, Arti- cle III A, Section 100-30 A.3, for permission to construct a deck addition, construction exceeds permitted lot coverage of this R-40 Zone District. Property Location: 780 Orchard Street and 1300-2nd Street, New Suf- folk, County ~ Map No. 1000, Section 117, Block 7, Lot 22. 7:55 p.m. Appl. No. 3879-- CHARLES MALONE. Variance to the Zoning Ordi- nance, Article XXIII, Section 100-230C (1), 100-231 A., for permission to construct a 6 ft. fence in frontyard area, fence ex~ ceeds 4 ft. in height. Property Location: 358 North Sea Drive, Southold, County ~ax Map No. 1000, Section 54, Block 5, Lot 19. 8:00 p.m. Appl. No. 3886-- ROBERT STAPLES. Variance to the Zoning Ordinance, Arti- cle XXIII, Section 100-239d (C), for permission to construct a new dwelling adjacent to fresh- water wetlands in this R-40 Zone district, proposed dwelling will be closer than 75 ft. from fresh- water wetland. Property Loca-~ tion: 785 Wilmarth Avenue, Greenport, County Tax Map No. 1000, Section 41, Block 1, LOt 7. 8:05 p.m. Appl. No. 3894-- JOSEPH AND LAWRENCE PEARLSTEIN. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B, for permission to construct deck addition with insufficient front yard setback. Property Location 2225 North Sea Drive, Southold, County 'Ihx Map No. 1000, Sec- tion 54, Block 04, LOt 23. 8:10 p.m. Appl. No. 3892-- ANTHONY BOLLETINO. Variance to the Zoning Ordi- nance, Article Ill, Section 100-33, for permission to con- struct an accessory shed and gazebo in front yard area. Pro- perty Location: 16705 Main Road, Route 25, East Marion, County Tax Map No. 1000, Sec- tion 23, Block 1, Lot 14.6. 8:15 p.m. Appl. No. 3888-- ERNEST TARMIN. Variance to the Zoning Ordinance, Article Ill, Section 100-33, for permis- sion to construct Accessories; pool, tennis court and shed in front yard area. Property Loca- tion: 29823 Row off Main Road, Orient, County Tax Map No. 1000, Section 14, Block 2, Lot 1.10. ~'~ 8:20 p.m. Appl. No. 3887 [MARK AND ELLIE GOR: / ~,~ DON. Variance to the Zoning ,] Ordinance, Article II1, Section // 100-33, for permission to con- ~_ struct a tennis court in frontyard ~area. Property Location: 1019 Private Road g7 Fords Road, Southold, County Tax Map No~ 1000, Section 87, Block 1, Lot 18.4. 8:25 p.m. AppL No. 3891- -ELIZABETH JOHNSTON. Variance to the Zoning Ordi- nance, Article III, Section 100-32.4 (A), for permission to construct a lap pool, accessory pools not permitted in fmntyard area. Property Location: Row off Oregon Road, Cutchogue, County Tax Map No. 1000, Sec- tion 073, Block 02, Lot 01. 8:30 p.m. Appl. No. 3884-- DICKINSON/THOMPSON. Variance to the Zoning Ordi- nance, Article I, Section 106-20, (Article III, Section 100-32), for approval of insufficient area in this pending division of land and Bulk and Parking regula- tions. Property Location: Main Bayview Road, Southold, Coun- ty 'Ihx Map No. 1000, Section 078, Block 09, Lot 30. 8:35 p.m. Appl. No. 3889-- TIMOTHY AND GEORGE WELLS. Variance to the Zoning Ordinance, Article III A, Sec- tion 100-30 A.3, Bulk and Park- ing Regulations, (Article I, Sec- tion 106-20), for approval of in- sufficient area in this pending division of land. Property Loca- tion: South Harbor Road, Southold, County Tax Map No. 1000, Section 075, Block 07, Lot 1.3, 1.4, 1.5. 8:40 p.m. Appl. No. 3890--. WALTER GLASSER. Special' Exception to the Zoning Ordi-' nance, Article IX, Section' 100-91, for permission for change of use from Place of Worship to Office/Apartment. Property Location: 475 Beck- with Avenue, Southold, Coun- ty Tax Map No. 1000, Section 061, Block 1, Lot 25. 8:45 p.m. AppL No. 3882-- BIDWELL WINERIES. Special Exception to the Zoning Ordi~ nance, Article III, Section 100-30, for approval of con-~ sumer tasting and retail sales from the Winery. Property Location: Route 48, Cutchogue, County Tax Map No. 1000, Sec- tion 96, Block 4, Lot 4.3. 8:50 p.m. Appl. No. 3896-- JERRY GAMBONE AND KES ZAPKUS. Special Exception to the Zoning ordinance, Article IX, Section 100-91, for permis- sion to have Office/Retail business on first floor and resi- dential rental apartment on sec- ond floor. Property Location: 55415 Main Road, Southold, County ~x Map No. 10~0, Sec- tion 62, Block 1, Lot 12. 8:55 p.m. Appl. No. 3872-- COMPASS TRANSPORTS. Resolution to conclude hearing in its entirety. 8:55 p.m. Appl. No. 3770-- PORT OF EGYPT. Proposed motion of the Board to re-open said hearing closed on Novem- ber 8, 1989. The Board of Appeals will at snid time and place hear any and all persons or representatives de- 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 more information, please call 765-1809. Dated December 4, 1989. BY ORDER OF THE SOUTHOLD TOWN BOARD ' OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda IX, 12/7/89 (10) NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law smd the Code of die Town of Southold, the fellov~g healings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Re, rOar Meeting, at the Soudield Town Hall, Main R~d, So~diold. NY 11971. on TUESDAY, DECEMBER 19, 1989. at the fdlov~ng times: 7:30 p.m. Appl. No. 3870 -- MATTHEW CUSUMANO. Va~nce to the Zoning Ordinance, Article XXffl, Section 100-239d, (Article IHA, Section 100-30 A.3) as disap- proved, for permission lo construct a deck and other addilio~s, p~oposed coostmction wffi be less dian 75 ft. from water or wetlands and will have insufficiem front and rear yard set- becks. Pt~eny Location: 435 Briar- wood Lane. Cuteho~ue. County Tax Map No. 1000, Section 136, Block 01. Lct 01. 7:35 p.m. AppL No. 3968 -- N~- CHOLAS NICKOLAUS. Variance to the Zoning ordinance. Article XX~. Section 100-239<t A. as disapproved, to existing one family dweBing and accessosy building, pwpu~ed con- struction is less th~n 100 ft. from bluff of Sound in this R-80 Zone District. Property Location: 17555 Soundvinw Avenue, Southold, County T~x Map No. 1000, Section 51, Block 1, Lot 2. 7:40 p.m. Appl. No. 3ggl -- WARREN AUGENTHALER. Vari- ance to die Zonlng Ordinance, A~cle I~, Section 100-33, for purrti~sion to comtmct accessory building in frc~t- 7:45 p.m. Appl. No. 3893 -- MI~MND CLAIRE GLEW. Vat. he Zoning ordinance, Way, (A~cle ~ ~ 281 B, c~ttma a one family dwcl~g). ~ ~: 61339 7:50 p.m. Appl. No. 3873 ~d 13~-~d S~ New S~o~, ~nty T~ Map No. 1~, 7:55 p.m. Appl, No. 3879 ~tim 1~23~ (I), 1~231 A., 4 ft. in beighc Pr~y 358 No~ Sca Ddve, S~thold, 8:~ p.m. Appl. No. 3~6 ROB~T ~APL~. Va~ ~ing Ordinal, A~cle X~, S~m l~-~9d (C), for to f~wa~r wc~ds ~ ~s R~ world. Pr~eny ~afion: Wilm~h Avenue, Greenport, 8:05 p.m. AppL No. 3894 ~OSEPH A~ LAWRENCE 1~-2~B, f~ ~i~si~ to c~-. ~25 No~ S~ D~ve, Sou~old,' ~n~ T~ Map No. 1~, Semen 54, BI~ ~, ~ ~. 8:10 p.m. AppI. No. 3892 gazebo in front yard ama. Properxy L~cation: 16705 M ' Route No. 1000, Section 2~/1~1o~'1, Lot 14.6. 8:15 p.m. AppL No. 3888 -- ERNEST TARMI~. Vatlanc~ to the Zoning Ordinance, Article III, Section 100-33, for permission to court and shed in front yard area. Property Location: 29823 Row off Main Road, Orient, County Tax Map No. 1000, Section 14, Block 2, [4~t M8:20 p.m. Appl. No. 3887 -- ARK AND ELLIE GORDON. Variance to the Zoning Ordinance, Article llI, Section 100-33, for per- frontyard area. Prppeny Location: 019 Private Road #7 Fords Road, Southold, County Tax Map No. 1000, Section 87, Block 1, Lot 18.4. g:25 p.m. AppL No. 3891 --~ g! 17&BETH JOHNSTON. Variance to the Zoning Ordinance, Article ~ Section 100-32-4 (A), for permission to construct a lap pool, accessooj pools not penniued in frontyard area. Pto~eny Location: Row off Oregon Road, Cutchogue, County Tax map No. 1000, Section 073, Block 02, Lot 01. 8:30 p.m. Appl. No. 3884 -- DICYdNSONtTHOMPSON. Variance to the Zoning Ordinance, Article I, Section 106-20, (Article III, Section 100-32), for approval of insufficient area in this pending division of land and Bulk and Padiing regulations. Property Location: Main Exyview Road, Southold, County Tax Map No. 1000, Section 078, Block 09, Lot 30. 8:35 p.m. AppL No. 3889 -- TI- MOTHY AND GEORGE WELLS. Variance to the Zoning Ordinance, Article IH A, Section 100-30 A.3, Bulk and Parking Regulations, (A~cle I, Section 106-20), for ap- proval of insufficient area in this' pending division of land, Property 8:40 p.m. Appl. No. 3890 -- WALTER GLASSER. Special Ex- ception to die Zoning Ordinance, Ar- lido IX, Section 100-91, for purmis- sim for change of use from Place of Worship to Office/Apenment. P~p- etty Location: 475 Beckwith Avenue, Seuthold, County Tax Map No. 1000, Section 061, Block 1, Lo~ 25. 8:45 p.m. AppL No. 3882 -- BIHWELL WINERIES. Special Ex- ception to the Zoning Ordinance, Ar- tkle I~ Section 100-30, for approval of consurner testing and retail sales Ronte 48, Cutchogue, County Tax Map No. 1000, Section 96, Block 4, Lct 4-3. 8:50 p.m. Appl. No. 3896 -- JERRY GAMBONE AND KES ZAPKUS. Special Exception to the Zoning Ordinance, Anlcle IX, Sec- tion 100-91, for permission to have Office/Retail business an first floor and residential rental apertmem on second floor. Property Location: 55415 Main Road, Soudiold, County Tax Map No. 1000, Section 62, Block 1, Lo~ 12. 8:55 p.m. AppL No. 3872 -- COMPASS TRANSPORTS. Reso- lution to c~nclude hearing in its 8:55 p.m. Appl. No. 3770 -- PORT OF EGYFr. Proposed motion of the Board to m-open said heating~ closed on November 8, 1989. The Board of Appeals will at said time and place hear any and all per- sons or representatives desiring to be heard in each of the above ma~ters. Written ccmmems may also be sub- mi~ed prior to the conclusion of the subject hearing. Each hearing will not start before thne allotted. Additional time for ye~r preseatetion will be available, if needed. For more hfformation, please call 765-1809. Dated December 4, 1989. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER yard area. Property Location: 7225 ANTHONY BOLLETINO. Variance Location: South Harbor Road, CI4AIR/vlAN Nassau Point ~Roed Cutchogue, to the Zoning Ordinance, ArdcleH], Southold, County Tax Map No. County Tax M,~ No. 1000. Sec6on Sectioh 100-33, i~0r permission i0 1000. Section 075. Block 07,* L& ~5~-l~D~ ' III,Block 15, [.el 12. construct an accessory shed and 1.3, 1.4, 1.5. ! ] Patri¢ia Heaney ofMattituck, in said County, bela9 duly sworn, says that he/she is Principal Clerk of THE SUFFOtK TIMES, a Weekly Newspaper, published at Mattituck, in thB Town of Southold, County of Suffolk and StatB of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 wBoks successively, c0mmencin9 on the 7%h day of December 19{39 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. Southold Town Board o£ Appeals MAIN ROAD -STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, t_.l., 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 t~ call our office prior to the hearing date if you have questions or wish to update your file. Yours very truly, dff GERARD P. GOEHRINGER CHAIRMAN l,~ROJECT I,D. NUMDER Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For U. NLISTED ACTIONS Only PART I~PROJECT INFORMATION (To be completed hy Applicant or Project sponsor) 1. APPLICANT ISPON~QR J 2. PROJECT NAME 3. PR~ECT LOCATION: SEQR 5. IS PROPOSED ACTION: I~ New [] Expansion [] Modilicatlon/alteratlon 6. DESCRIBE PROJECT BRIEFLY: Initially ~ , . Icier Ultimately ~1, ~3~ acres ~, WILL PRO~&EO ~TION ~M.LY WITH ~ISTING ZONING OR OTHER ~ISTING LAND USE RESTRICTIONS? 10. DOES ACTION INVOLVE A PINMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] No It ¥11, till agency(s) and pei'miUapproval$ 11. RES ANY ASPI:~T O~ THE ACTION NAVE A CURRENTLY VALID PERMIT on APPROVAL? [] Yea .[~ NO I! )*I~*. lilt egef~y name anti permiUapproval 12. AS A RESULT OF PROPO~-ED ACTION WILL EXISTING PERMit/APPROVAL REQUIRE MODIFICATION? [] Ye, ~] No I CERTtF¥ T.AT THE ~NFORMAT~O. PROWLED AeOVE IS TRUE TO THE SEST OF MY ~NOW~EDGE Signature: II the action is in the Coastal Area, and you are a state agency, complete the I Coastal Assessment Form before proceeding with this assessment I OVER I (Continued on reverse side) The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will.be made by thls board before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT INSTRUCTIONS: (a) In order to answer the questions in this short ~ it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the a0tion. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed ~nvironmental Assessment Form is necessary. (c) If all questions have been answered NO it is likely that the project is not significant. (d) ~nvironmental Assessmen~ 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of .land? Yes _~NO 2. Will there be a major change to any unique or u~usuai land form oa the site? Yes ~ No 3. Will project alter or have a large effect on a~ eaistlng body of water? Yes ~ No 4. Will project have a potentially large impact on grou~tdwa=er quality? Yes ~No 5. Will project significantly effect drainage flow on adjacent sites? Yes /No 6. W~li projuct affect any threatened or endangered plant or animal species? Yes ~ No 7. W£11 project result in a major adverse effect on air quaii~y? Yes ~NO ~. W&~ p~o]ect have a major effect on visual char- acte~ of the community or scenic views or vistas knowo to be important to the community? Yes ___No 9. Will pro~ect adversely impact any site or struct- ale ~f historic, pre-historic, or paleontologiu=k im~t&nce or any site designated as a critical environmental area by a local agency? Yes ~No ~. w~A project have a major effect on existing or ~e~ recreational opportunities? Yes /NO Il. Will project result in major traffic problems or systems?cause · major effect to existing transportation. Yes /NO 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? Yes ~No 13. Will project have any impact on public health or safe~y? _. Yes ,,~No 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year Yes ~No period or have a major negative effect on the -' " charact~ of the community or neighborhood? Is there public controversy concerning the . project? .. Yes ~NO 15. Preparer's $ignature~ Representing= Date: QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED ~ITH YOUR APPLICATION i.'O?J,1S TO TIIE BOARD OF APPEALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch), to scale, and submit other supporting documenta- rich. 1. Are there any proposals to change or alter land contours? 2.a)Are there any areas which Con=tin wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference.) b)Are there any areas open to a waterway without bulkhead? 3. Are there existing structures at or below ground level, such as patios, foundations, etc? Yes Yes Yes Yes 4. Are there any existing or proposed fences, cDncrete barriers, decks, etc? Yes ~ If project is proposed for an accessory building or structure, iA total height at more than 18 feet above average ground 1--~17 State total: ft. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground--~-~l? State total: ft. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Are there any building permits pending on this parcel (or abutting land under your ownership, if any)? State Permit # and Nature: Yes ~ Yes ~ Yes ~ Yes ~ Do state whether or not applications ar~ pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning Board Town Board Town Trustees County Health Department Village of Greenport N.Y.S.D.E.C. Other '~; ~ ~ '~D~ ~,4~,~ Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from co. ntract) Yes Yes Yes ¥e$ Yes ~ 11. Is new construction proposed in the area of contours at 5 feet or less as exists? Yes ~ 12. If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have .you made application to the Town Trustees for an inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? Yes 13. Please list present use or operations conducted upon the subject property at this time and proposed Please submit photographs for I certify that the above statem~z~s are ~u~.a~T~e being submitted for re iiance by the Board of A~n~/mY ~plication. Signature (Property Ownerp ~/~k~t~aZorf~ed Agent) 1/88 WETLANDS [Amended 8-26-7(; hy L.L. No. 2-1976; 8,5 by L.L. No A. TIDAL WETLANDS: (1) All lands generally covered or in~rndtk, ntlF coy. ered with, or which bonh,r on, tidal wa~rs, or lands I~in~ beneath tidal waters, which at mean Iow tide . are covered by tidal water~ to a maximum depth of five (5) feet, including but not limited ~ banks, bogs, salt marsh, swamp~, meadows, fiats or other Iow lying I~nds subject to tidal action: (2) All banks, bogs, meadows, fiats and tidal marsh sublet[ ~ ~uch tides and upon which grows or may grow some or any of the following: salt hay, black grass, saltwora, sea lavender, tall eordgra~, high bush, cattaih, groundsel, marshmallow and law march eordgrass; and/or (a) All land immediately adjacent to a tidal wetland as defined in Subaeetion A~2) and lying w/thin seven. ty-five (75) feet lamlward of the most landward ~ge of such a tklal wetland. B. FRESHWATER WETLANDS: (1) "Freshwa~r wetlands" as defined in Artlele 2,1, Ti. tie 1, ~ 24-0107, Subdivisions l(a) ~ l(d) inclusive, of the Environmen~l Conservation Law of the Sta~ of New York; and (2) All land immediately I " , . . adjacent to a "fresh~vater wet- and, as defined in Subsection LI(1) and lying witl~- in seventy-five (7,5) feet landward of the most land- ward edge of a "freshwater wetland." 9706 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTNENT Office of the Building Inspector Town Hall Southold, N.Y. C~RTIFICATE OF OCCUPANCY No Z-18~O0 Date SEPTEI~ 21r 1989 T~l]~ t:UT~f$~ Lhmt the building ALTERATION Location ,~ P~rt¥ 4845 R.O.W. SOUTH HARBOR RD. House No. Street County Tu ~ NO. 1000 Section 087 Block 01 Su~iv£sl~ Filed Map No. SOUTHOLD~N.Y. Hamlet not 17 Lot No. confo~ mub~tmnti~ll~ to the Application for Building Permit heretofore filed is th£~ office dated JULY 10, 1987 ~ursuant to which Building ~er~ No. 16235-Z dated JULY 19r 1987 was issued, and conforms to all of the requirements of the applicable provisionm of the law. The occupancy for which this .certificate is issued is A~T~R~TIONS TO EXISTING BUILDING /iS APPLIRD FOR. The certificate is issued to of the aforesmld building. MARK & ~r.LIE GORDON (owners) SUFFOLK COUNTY D~ARTNENT OF HEALTH APPROVAL UNDeRWRITteN C~TIFICATE HO. PLU~BF~ CI~(TIFICATION DATED Rev. 1/81 H-004115 - FEBRUARY 6~ 1988 Building Inspector IL. ...... (~) COUNTY OF SUFFOLK J~.,*,, sc ~,,~, ~ ~.~° -- Property Tax Service Agencyl~m R--'80, R-40 R--80 Go~ C LITTLE PEGONIC, A-C '\ I~Oo -~3~?- I- t'7 ~0U7;'---/0£ D, I._o T' r I BOARD OF APPEALS. TOWN OF SOUTHOLD In the Matter m the Petttidq of : / : tc~the Board of Aooe·ls 9[ I~t~, T.wn of $outhold : NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: I. Th,~LU.G~e lntenl~on uf the undersigned to petition the Board of Appeals of thc Town of Southold to request · V~riance~) (~)pe¢ial £~ception) (Special Permit) (Other) [circle choice] - ). 2. Thai Ihe I~oper'v which ~ the subject of the Petition is I,ocated adjacent to your property and is des- 3, ]hal Ihe p~,pfll, which i~ the subject of such Petition is located in the following zoning district: 4. 1hal by ~u~b Pelil~un. Ihe undersigned will request the following relief: $. Thai lhe pfuvitlun* ol the Suuthold Town Zoning Code applicable to the relief sought by the uncler- [ ] Section g~-A. ~w York Town Law for approval of access over r~ght(s)-of-w~. e. [h~ ~itha~ fl,e Gv~ hem the date hereof, a written Petition requesting the relief s~cified ·bore will filed in Ihe buus~ad leon Clefk'b Office at Main Road, Southold. New York and you may.then and thee e~ami~ Ihe M~ ~u~mI ~e~m office hours. (516) 76~1809. 7. Thai before ,he rebel sought may be granted, · public hearing must be held on the m·tter by the I~G~rd of Appeals; Ihal · not~e ut such hearing must be published at least five days prior to the d·te of such hearing in the Suffolk Timer ·nd in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and dml~ndted fo~ the publication of such notices; that you or your representative have the right to appear and be heard al such hea~ing. Dated: q - /~_ ~c~ Petitioner Owners'Names: _k¥~... 4 E~i ~.or~o~ Post Office Addrms Tel. No. {51~ ) ~fl - 7~ [Copy of sketch or plan showing proposal to be attached for convenience purposes.] RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) RECEIPT FO~ERTIFIED MAIL (See Reverse~ ~b p 933 161 330 RECEIPT FOR cERTIFIED MAIL ~$ee Reverse) /I RECEIPT FOR CERTIFIED MAIL NO FOR iNT£RNAT!0NAL MAIL (See Reverse~ Street and No State and ZiP Code Postage 4. 3ertified Fee p 933 i6i 327 RECEIPT FOR CERTIFIED MAIL (See Reverse) nllo '-- ,t- ~YI ~' ' ~nd ZiP Code P 077 472 811 / of ........ 19 , ~ ~. ~,...,,,co a true copy ~ .......................... ver~ ~ide ~teot, d~e~ted I° e~h of lhe ~bove-n~w~tsons at the addre~ ~t opposite thor re~ctive na~; thal the addt~ ~t eee~.e Ihe names of said person~ are the addres~ of said ~rsons as shown on the currenl as~t~nt r~l of I~ lown of Southotd; that ~id Notices were mailed each of persons by rice at ; that said Notic~ ~id (certifiad) (reR. istered) m~. Sworn to bef~gre me Ibis ~ ~ day of ~ ,19 ,.~ Notary Public NOT/kRY PUBLIC State of Ne'e wY~,' No. 4707878, Suffdk CouMy~, ,. T~'m Expires Mlrch 30,19----/-/ (This side does not have to be completed on form transmitted to adjoining property owners.) / ! ,/