HomeMy WebLinkAbout3902
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
JOSEPH R. SAWICKI
JAMES DINIZ[O, JR.
Southold Town Board of Appeals
NIAIN Ri-lAD - STATE RI-lAD 2S ==rlUTHr3LD, L.I., N.Y. ]'19'71
TELEPHONE (516) 765-1809
ACTION OF THE BOARD OF APPEALS
Appl. No. 3902
Matter of HENRY HUNSTEIN. Variance to the Zoning
Ordinance, Article III A, Section 100-30.3 [100-33), as
disapproved, for permission to construct an 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
WHEREAS, a public hearing was held and concluded on
February 1, 1990 in the matter of the application of HENRY
HUNSTEIN, under Appeal No. 3902; 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 Pine Neck Road, Town of Southold, and is identified on
the Suffolk County Tax Maps as District 1000, Section 70, Block
3, Lot 20.20.
2. This is an application for Variances from the Zoning
Code Article III A, Section 100-30.3 (100-33), for permission to
construct accessory building in frontyard area.
Page 2 - Appl. No. 3902
Matter of HENRY HUNSTEIN
Decision rendered February 15,
1990
3. Article III A, Section 100-30.3 (100-33 , No building
or premises shall be used and no building or part thereof shall
be erected or altered in the Low-Density Residential R-40
District unless the same conforms to the requirements of the
bulk Schedule and for the Parking Schedule, with the same force
and effect as if such regulations were set forth herein in
full.
Article III, Section 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,
sl~ject to the following requirements.
5. In considering this application, the Board finds and
determines:
(a) that the circumstances of this application are
uniquely related to the premises and its established
nonconformities;
{b) that there is no other method for appellants to
pursue; and placing the proposed accessory structure in any
other location on the premises will require other variance
relief;
(c) that the area chosen for the accessory structure is
not unreasonably located;
(d) that the 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. Goehringer, seconded by Mr.
Grigonis, it was
Page 3 - Appl. No. 3902
Matter of HENRY HUNSTEIN
Decision rendered February 15,
1990
RESOLVED, to GRANT a Variance in the matter of the
application of HENRY HUNSTEIN as applied under Appeal No. 3902,
SUBJECT TO THE FOLLOWING CONDITIONS:
1. That the 16 by 20 ft. 1 story accessory structure not
exceed 12 ft. in height.
2. That the accessory structure be 60+- ft. from the Pine
Neck Road property line and 60+- ft. away from existing two
story family dwelling excluding deck.
3. That the accessory structure only be used for storage
purposes and only to have electricity.
df
GERARD P. GOEHRIGNER, CHAIRMAN
~'~~~ ~. ~So th Id Tow B d lApp Is
~, MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971
~~ TELEdaR (516) 76~18~
FAX NO.
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
JOSEPH H. SAWlCKI
JAMES DINIZIO, JR.
(516) 765-1823
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:
7:30p.m. HUNSTEIN. Variance to the
Appl.
No.
3902
HENRY
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.
70, Block 13, Lot 20.20.
1000, Section
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 No. 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. WICKHAM. 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. Property
Location: Main Road, Southold, County Tax Map No. 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 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
CHAIRMAN
By Doreen Ferwerda
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
j Date .................. , 19 .....
............. ~..~~.~..d...
........
PLEASE TAKE NOTICE tha~yyour application dated. :...,('~,./,//, ................. 19 ~,~..
County Tax Map No. 1000 Section ...... ~.~. .... Block ...... /..~. .... Lot . ,,~.~, ,~..O ....
Subdivision ................. Filed Map No ................. Lot No ..................
,s retu~ed he,with and disapproved on the follow~g grounds .'~,~d~...~~~.
~'.~".~.../,~.o.-.s~.~. .... ~..~..:.~.sp..
r~ .,, _ ~ , _ . d/~ ~ .-..,.-,~ ,., /Z .
RV 1/80
~, q ~ (~.m. ~,'.<s--/'?~. ~/~'
TOWN OF SOUTHOLD, NEW YORK T~[~ ~ ~ '!~ ~
DATE ..............................
TO THE ZONING BOAJI, D OF APPEALS, TOWN OF SOUTHOLD, N. Y.
1 ~We) /~.E/~I~ Y..~/..../-J~?~/~-.~../'.'~, ............of .....~.~......K~..~..~/~-..~..~.~.......~../.~...~.~'. .................
' ' (~'/t~z~j~/~"'~f",~p~eilo~ ........... Street and Number
.................... .~..~..~...T~.~..~.4./~. ............................................... ,/~...~......~?....~.....HEREBY ^PPEAL 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
........ Name' ~f Applicant for permit
..... ......... .........
Street and Number Municipality State
(v)/ PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
( ) do.
............ '~tr;'~i'/~'~'i~ / '/j~ ~'f~;:'i' ~"~o~i~"~
District 1000 Section ~m Block/~ Lo~. ',,, .
...................................... ~. ~: .~.~:~urren~ ~ner ~WR~
Mop No. Lot No. Prior Owner.
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and. Pa~graph of the Zoning Ordinance by number. Do not quote the Ordinance.)
Article~-]7~L----~ Section ./oo,.~o t~,~ ( ~'-~'~ )
3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box)
(v,~ A VARIANCE to the Zoning Ordinance or Zoning Mop
( ) A VARIANCE due to lack of access (State of New York Town Law Chop. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
()
4. PREVIOUS APPEAL A previous appeal (~) (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 o 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 /q
~ c~,/D/,uG
~orm ~.~! (Continue on other side)
REASON FC~ APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because
~ z~~ ,J~ ] / ) ~
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
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because
STATE OF NEW YORK
COUNTY OF '~OFr~:°~/~
ss
Sworn to this .......... .!',.~..~.....: ....................... day of..~.~R~"J'~.~..~ .........................19 o~
Notary Public
,~o~7~./3..~c,.~oTOWN'0F-SOUI~HoLD PROPERTY RECORD C:ARD '. ,'%//'T
:OWNER - STREET VILLAGE DIST. SUB. LOT ·
~y~ Tr,~/~L. ....
FO~ER OWNER N E ACR. ~ /
I
~ S W ~PE OF BUILDING
R~.~/~ S~S. VL FArM CO~. CB. MI~. Mkt. Value
~ND IMP. TOTAL DATE R~RKS
I ~ ' I '
I
l
I
Tillable FRONTAGE ON WATER
~'W~land FRONTAGE ON ROAD /
[ Meodowland DEPTH
Hou~ Plot BULKH~D
COLOR
~tension ~):
~tension
F~ation '~ Bath ~ I/; Dinette
~ x ~ = ~ ~ %~ ~ Basement +~_l~ Fl~rs ~ K.
~ I~%<=~qO)~O .~ ~?~ ~.Walls ~.~ Interior Finish ~;?~ LR.
Breezeway Fire Place { H~t ~ ~,,( ~> DR.
Garage ~ ~?'~ J,;-"f (eC,~ T~e R~f ~cZ,~If{_ Rooms 1st Floor ~ BR.
Patio R~reati~ R~m R~2nd Flor ~. FIN. B
0. B. ~ ~ ~0~ I) ~ ~ Do,er Driv~ay
70.-13-20.17
70.-1 3-20.1 8
-~ 70. -1~- 20 .18
70.-13-20.19
-- 70.-13-20.20
70. -1 3-20.21
-.70.-13-20.22
70.~13-21
-- 71.-1 -2.1
71. -1 -3
--' 71.-1 -4
71. -1 -$
-- 71.-1 -6
71 .-1 -7
'-'71.-1-8
71 .-1 -9
- 71.-1-10
71 .-1 -1 1
--71.-1-12
'71. -1 -13
~' 71.-1-14
71 .-1 -1 $
- 71.-1-16.1
71.-1-1 6.2
-- 71.-1-17
71.-1-18
71.-1-19
71 .-1-20
-- 71.-1-21
71.-1-22
-- 71.-1-23
71. -1-24
-' 71.-1-25
71 .-1-26
-- 71.-1-26
71.-1-27
-- 71.-1-28
71 .-1
71.-1-30
71 .-1 -31
--' 71 .-1-32
71 .-1 -33
-- 71.-1-34
71 .-1 -35
"71.-1-36
C UO OVERLOOK COURT DEV COR
N UO OVERLOOK COURT DEV COR
~'m"'t~'VK MOHRING ENTERPRISES IN
l~'JJ~ OP ~-H-~t4~--ENTERPRISES IN
~c-PL MOHR[NG ENTERPRISES IN
C QH TOWN OF SOUTHOLD
C NS HODGSON ROSA
C ML TOWN OF SOUTHOLD
C MI SOUTHOLD YACHT CLUB IN
C NB CROASDALE MARGARET A
C NU SALZMAN SHELDON & HELE
· C ON CROASDALE EUGENE & MAD
C PG CROASDALE MARGARET A
C PZ BUCKLEY GEORGE & WF
C QS S[RACUSANO LOUIS & WF
~ KV KWASNESKI LEO & WF
C LO GILBERT FRANK C JR & 0
C MH SIRACUSANO LOUIS JR &
C NA KNOKE PAUL A JR & WF
C NT RADMIN NANCYE
C OM KIERNAN BERNARD W & WF
C QB MCGUIRE ROBERT E & WF
E QX POWER GREGORY M & CARO
' C PY GUINN ARTHUR J & WF
C QR LYMAN RALPH ~ WF
C RK FRANKOLA BRUNO & WF
C LN CUNLIFFE LOIS C
.... C MG ~ARMEN'VIRGINIA R & OR
C MZ BENNETT EDNA & ANO
· C NS BORGELT HERMAN & WF
C OL MORRIS MICHAEL J & WF
C PE WRIGHT WILLIAM A
C PX LUCAS HOWARD C & EVELY
' ' N PX LUCAS HOWARD C & EVELY
C QQ
· C RJ
C SC
C MF
C My
....... CNR
BROWN DONALD & ROBIN
FIUMARO HARRY E RUTH
GILBERT FRANK C JR & W
FRITZ PETER J & WF
BACHRACH HOWARD L & WF
PERRELLA EMMA
C OK ANDERSON ROBERT
C PD ANDERSON LOIS T
C PW YOUNG ALFRED T
C QP MANSE[ELD RUTH
1,000
1,600
1,000
1,000
4OO
100
4OO
3,500
3,200
2,300
2,600
~,500
2,700
2,600
~,600
2,600
2,900
2,700
2.900
3,800
4.300
3.600
3,400
1,500
2,000
1,100
1,200
· 800
1,000
800
800
800
1,300
1,300
1,500
1,300
1 .100
1,300
I ,400
· 1.~00
D 1,100
1,100
& WF 1,100
E 1,100
1,000 1,600
1,600 1.600
1,000 1,800
1,000 1,800
400 400
100 100
400 400
4,100 3,500
5,100 3,200
9,600 2,300
9,300 2,600
8,900 2.500
8,700 2,700
10,q00 2,600
9.700 2,600
8'300 2,600
6,900 2,900
2.?00 2.700
7.900 ~,900
17,700 3,800
13.300 4.300
10,900 3,600
11,600 3,400
6,700 1,500
9,200 2,000
1,100 1,100
9,400 1,200
800 800
5,400 1.000
· 5,700 800
9,100 800
6,700 800
8,700 1,300
8;700 1.300
6.400 1,500
7,100 1'300
1.100 1,100
6,300 1.300
9.100 1,400
7;600 ' 1'400
1,100 1,100
1,100 1,100
1,100 1,100
5,700 1,100
PAGE ..... TOTALS ; ....... 50 pARCELS
(ACTIVE)
1,60B
11,700
~,500
10,700
4O0
100
40O
4,100
5,100
9,600
9,300
~,900
8,900
10.900
9,700
~,300
6,~0C
2,700
7.900
17,700
13,500
10,900
11,60~
6,700
9.200
1,100
9,400
800
5,40C
5,700
9,100
5,700
8,700
8,800
6,400
7,100
1,100
6,300
9,100
7,600
1,100
1,100
1,100
5,700
311 1
311 1
210 1
210 1
591 1
692 1
323 1
560 8
534 1
210 1
210 1
210 1
210 1
210 1
210 1
210 1
210 1
313 1
210 1
210 1
210 1
~.I0 1
210 1
210 1
210 1
311 1
_~10 1
311 1
210 1
210 1
210 1
210 1
210 1
210 1
210 1
210 1
311 1
210 1
210 1
210 1
311 1
311 1
311 1
210 1
276,100
309.700
08
08
08
08
08
08
08
08
10
10
10
10
10
10
10
10
10
10
10
10
10
10
10
10
10
10
10
10
10
10
10
10
10
10
10
10
10
10
10
10
10
10
10
10
1988 TOTAL
1989 TOTAL
Southold
MAIN ROAD-STATE ~OAD 25
Town Board o£ Appeals
SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765 1809
APPEALS BOARD
MEMBERS
GERARD P. GOENRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
JOSEPH H. SAWICKI
JAMES DINIZIO, JR.
ACTION OF THE BOARD OF APPEALS
Appeal No. 3807:
Application of MOHRING ENTERPRISES, INC. for a Variance to
the Zoning Ordinance, Article XI, Section 100-119, and Article
III, Section 100-31, Bulk Schedule, for permission to locate new
dwelling with an insufficient rearyard setback on a lot which
has frontage along three roads: North Bayview Road, Pine Neck
Road and Kimberly Lane, Southold, NY; Subdivision Lot No. 20,
Map of Paradise By the Bay; County Tax Map District 1000,
Section 70, Block 13, Lot 20.20.
WHEREAS, a public hearing was held and concluded on
December 8, 1988 in the Matter of the Application of MOHRING
ENTERPRISES, INC. under Appeal No. 3807; and
WHEREAS, at said hearing all those who desired to be heard
were heard and their testimony recorded; and
WHEREAS, the Board has carefully considered all testimony
and documentation submitted concerning this application; and
WHEREAS, the Board Members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
WHEREAS,.the Board made the following findings of fact:
1. The premises in question is located along the easterly
side of North Bayview Road, the southerly side of Pine Neck
Road, and the westerly side of Kimberly Lane, in the Hamlet of
Southold, Town of Southold, and is identified on the Suffolk
County Tax Maps as District 1000, Section 70, Block 13, Lot
20.20.
2. The subject premises is identified on the
Paradise-By-The-Bay Subdivision Map as Lot No. 20; and at the
time of filing this application, the lot was vacant land.
Page 2 - Appeal No. 3 7
Matter of MOHRING ENTERPRISES,
Decision Rendered December 16,
INC.
1988
3. The subject premises contains a total area of 47,559
sq. ft. and is regulated under Column "A-40" of Article III,
Section 100-31, Bulk Schedule, of the Zoning Code, which
requires a minimum rearyard setback at 50 feet for a principal
structure. The subject premfses contains three frontyard areas
along the above-noted streets.
4. By this application, appellant requests an
interpretation and a variance approving a 215 ft. long by 85
feet deep, and to locate a new principal dwelling structure as
shown on the September 21, 1988 Survey Map prepared by Peconic
Surveyors & Engineers, P.C. with setbacks shown as follows: (a)
70 feet from the northerly front property line along Pine Neck
Road; (b) 50 feet from the easterly front property line along
Kimberly Lane; (c) 223+- feet from the front property line
along North Bayview Road; (d) 15 feet from the southerly
property line along Lot No. 19.
5. Article XI, Section 100-119 of the Zoning Code provides
as follows:
CORNER LOTS. (Amended 2-1-1983).
On a corner lot, front yards are required on both
street frontages, and one (1) yard other than the
front yards shall be deemed tQ be a rear yard, and
the other or others, side yards. No obstruction shall
be erected or maintained at street intersections within
the triangle formed by the street lines of such lot and
a line drawn between points along such street lines
thirty (30) feet distant from 'thei~ point of intersec-
tion.
6. Article III, Section 100-31, Column "A-40" of the Bulk
Schedule, of the Zoning Code, requires minimum: (a) front
yards at 50 feet each; (b) rear yard at 50 feet; (c) minimum
sideyard at 15 feet; (d) total side yards at 35 feet.
7. Also noted in the subdivision records and the survey
map are the restrictions for "natural state" buffers within 20
feet of the front property lines along North Bayview Road and
Pine Neck Road, and the requirement for no access off of Pine
Neck Road or North Bayview Road.
8. Also noted is the fact that some time subsequent to the
filing of the variance application and prior to the hearing of
this application, a foundation was constructed without the
issuance of a Building Permit. In rendering this decision, it
is noted that the Board Members do not sanction such
unauthorized activities; and the property owner has done so at
his own risk.
Page 3 - Appeal No. 3 7
Matter of MOHRING ENTERPRISES, INC.
Decision Rendered December 16, 1988
9. In considering this application, the Board also finds
and determines:
(a) the relief requested is minimal and is not
self-created;
(b) the relief will not alter the essential character
of the neighborhood;
(c) the difficulties and circumstances are unique and
are not personal in nature;
(d) the variance will not in turn be adverse to the
safety, health, welfare, comfort, convenience or order of the
town, or be adverse to neighboring properties;
(e) in view of all of the above factors, the
interests of justice will be served by granting the relief, as
requested and conditionally noted below.
10. No interpretation has been made by this Board to deem
either one of the three frontyards a side or rearyard; and
accordingly, the front yard areas must continue to be deemed
front yards under Section 100-13 - Definitions, of the Zoning
Code. Although this does not directly affect expansion of the
principal dwelling structure, the location of any proposed
accessory buildings or uses will be required to be reviewed by
the Board of Appeals by separate application.
Accordingly, on motion by Mr. Goehringer, seconded by
Mr. Sawicki, it was
RESOLVED, to GRANT a Variance to locate new principal
dwelling structure with an insufficient setback at 15 feet from
the southerly property line, 70 feet from the northerly property
line, and 50 feet from the easterly property, as applied in the
Matter of Appeal No. 3804 for MOHRING ENTERPRISES, INC.
Vote of the Board:
Sawicki, and Dinizio.
serious family illness.
Ayes: Messrs. Goehringer, Grigonis,
(Absent was: Member Serge Doyen, due to
This resolution was duly adopted.
lk
GERARD P. GOEHRINGER, C~AIRMAN
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THE CHAIRMAN: This is the regular
monthly meeting of the Southold Town Zoning
Board of Appeals. We welcome you all here.
Appeal Number ~ on behalf of
~ The notice reads as
follows: Application Number 3902, variance
to the Zoning Ordinance, Article III A,
Section 100-30.3, 100-33),
for permission to construct
building in front yard area.
as disapproved,
accessory
Property
Location: 90 Kimberly Lane and 135 North
Bayview Road, Southold, County Tax Map No.
1000, Section 70, Block 13, Lot 20.20.
I have a copy of the survey, the most
recent date, May 18, 1989, indicating a two-
story frame house and garage, and the nature
of this application is a storage building
approximately 60 feet in the rear of this
premises and approximately 60 feet from High
Neck Road. I have a copy of the Southold
Town Tax Map indicating the surrounding
properties of the area.
Is there anyone who would like to be
heard? Mr. Hunstein, could you give the
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approximate size of the building, sir?
MR. HUNSTEIN:
THE CHAIP/4AN:
facilities in this building
electricity?
MR. HUNSTEIN: Just
THE CHAIRMAN:
process that we put a restriction
it is only to be used for storage.
have an objection to that?
MR. HUNSTEIN:
THE CHAIRMAN:
3
Sixteen by twenty.
Will you have any
at all, such as
electricity.
We have a normal
on, that
Do you
No.
Thank you very much.
Anybody else who would like to be
heard on behalf of this application?
Anybody who would like to speak against the
application? Any members?
Not having any further questions, I
make a motion to close the hearing. All in
favor ...
BOARD MEMBERS: Aye.
THE CHAIP~iAN: 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
Page 3 - Appl. No. 3902
Matter of HENRY HUNSTEIN
Decision rendered February 15,
1990
RESOLVED, to GRANT a Variance in the matter of the
application of HENRY Rq/NSTEIN as applied under Appeal No.
SUBJECT TO THE FOLLOWING CONDITIONS:
3902,
1. That the 16 by 20 ft. 1 story accessory structure not
exceed 12 ft. in height.
2. That the accessory structure be 60+- ft. from the Pine
Neck Road property line and 60+- ft. away from existing two
story family dwelling excluding deck.
3. That the accessory structure only be used for storage
purposes and only to have electricity.
df
GERARD P. GOEHRIGNER, CHAIRMAN
DEPARTMENT OF PLANNING
COUNTY OF SUFFOLK
PATRICK (~, HALPIN
SUFFOLK COUNTY £X£CUTIVE
360-5206
ARTHUR H, KUNZ
DIRECTOR OF PLANNING
March 29, 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)
Henry Huntstein
3902
Very truly yours,
Arthur H. Kunz
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. SAWlCKi
JAMES DINIZIO, .JR.
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25' SOUTHOLD, L.I., N.Y. 1397'1
TELEPHONE (516) 765-1809
Pursuant to
Board of Appeals
the following
XX Variance
Article. XIII of the Suffolk County
of the Town of
Variance
Special
Charter, the
Southold, New York, hereby refers
to the Suffolk County Planning Commission:
from the Zoning Code, Articl~IIA , Sectio~O0-30.3
from Determination of South~ld Town Building Inspector
Exception, Article , Section
Special Permit
Appeal No.:3902 Applicant: Henry Huntstein
Location of Affected Land: 90 Kimberly Lane &
County Tax Map Item No.: 1000- 70-13-20.20
Within 500 feet of:
Town or Village Boundary Line
XX Body of Water (Bay, Sound or Estuary)
135 North Bayview Rd., Southold
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
Existing or Proposed Right-of Way of Any Stream or Drainage
Owned by the County or for Which The County Has Established
Lines,
or Within One Mile of a Nuclear Power Plant
Within One Mile of An Airport.
COMMENTS: Applicant is requesting permission to construct an accessory
building in frontyard area.
Channel
Channel
Copies of Towll file and related documents encJosed for your' review.
Dated: March 27, 1990
APPEALS BOARD
MEMBERS
GERARO P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONtS, JR.
SERGE DOYEN, JR.
JOSEPH H. SAWICKI
JAMES DINIZiO, JR.
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 c:OUTHOLD, L.I., N.Y. 11cj'71
TELEPHONE (516) 765-1809
March ~2, ]990
Mr. Henry Hunstein
502 Saville Road
Mineola, NY 11501
Re: Appl. No. 3902 - HENRY HUNSTEIN (Variance)
Dear Mr. Hunstein:
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' Office
County Planning
LUMBER
POS #837=g~1-9!
Deluxe Storage BUilding
CONTENTS
12' and 16' Storage Building Assembly
12' and.16' Door and End Assembly
12'x12' Storage Building (POS #837-11-99)
12'x16' Storage Building (Pos #837-12-99)
16'x16' Storage Building (POS #837-14-99)
16'x20' Storage Building (Pos #837-16-99)
Materials List
Page 1
Page 2
Page 3
Page 4
Page 5
Page 6
Page 7
REVISION DATE ~Copyright 1989, Eighty Four Lumber
MAY 1989
Y ASSE I LY!!!
Instructions for 12' and 16' Shed
1. Cut 4x4 treated skids to 11'9" or 15'9" and space 24"
on center. See diagram 2 page 7.
2. Cut 2x4 ribbon boards to 11'11", 15'11", or 19'11" and
nail to 4x4 treated skids using 16D sinkers. See
diagram 2 page 7.
3. Attach 5/8"x4'xS' floor sheathing using 8D sinkers.
4. Cut single top and bottom plates to 11'11", 15'11", or
19'11" and nail to wall trusses (spaced 24" on center)
using 16D sinkers. See diagram top of page 1.
5. Stand wall trusses on end and attach flush with
outside edge of 5/8" CDX flooring using 16D sinkers.
6. Attach roof trusses (spaced 24" on center) to single
top plates using 16D sinkers. See diagram top of page
1.
7. Cut door and end wall framing to length and nail in
place using 16D sinkers. See diagram page 2 for
cutting instructions.
8. Cut roof and soffit sheathing. Nail soffit sheathing in
place using 8D sinkers. See diagram I page 7 for
soffit placement. Roof sheathing will be applied in
step 13.
9. Cut side wall sheathing and nail in place using 8D
galvanized nails.
10. If building 12' wide building, go to step 11. If building
16' wide building go to step 12.
11. Cut front and end wall sheathing and nail in place
using 8D galvanized nails. See diagram 1 page 7.
NOTE: Pieces 2, 3, 8 and 9 must be cut from a single
piece of 4x8 T1-11 siding.
NOTE: Pieces 1, 7, 5 and 6 must be cut from a single
piece of 4x8 T1-11 siding.
NOTE: When applying front wall sheathing, you must
leave 1W' of bottom cord of truss exposed. As well as
3/4" of each door frame piece exposed. This will act as
a door stop.
12. Cut front and end wall sheathing and nail in place
using 8D galvanized nails. See diagram 1 page 7.
NOTE: Pieces 1, 2, and 3 must be cut from a single
piece of 4x8 T1-1 1 siding.
NOTE: Pieces 4, 7, 8, 9 and 10 must be cut from a
single piece of 4x8 T1-11 siding.
NOTE: Pieces 9, 5 and 6 must be cut from a single
piece of 4x8 T1-11 siding.
NOTE: When applying front wall sheathing, you must
leave 1W' of bottom cord on truss exposed. As well as
3/,,, of each door frame piece exposed. This will act as
a door stop.
13. Apply roof sheathing using 8D sinkers.
14. Cut and apply lx4 trim to corners and rake edge
using 8D galvanized nails.
15. Apply shingles to roof.
16. Cut and apply lx4 trim around door frame opening
using 8D galvanized nails.
17. Cut and apply lx4 trim to door sheathing using
drywall screws.
18. Attach hinges to lx4 door trim using screws enclosed.
19. Place doors in door opening and attach hinges to lx4
trim around door opening using screws enclosed.
NOTE: Top of door sheathing should hit against 1V2"
exposure on bottom cord of truss.
20. Attach hasp at center of doors using screws enclosed.
21. Attach barrel bolts to top of lx4 door trim where
doors meet in center using screws enclosed.
22. Apply shingles to roof.
23. Paint or stain barn as desired.
Door Assembly for 12' Wide Shed
1. Cut 4 pcs. (board A) 2x4-89%" with notch cut. See
diagram 1 page 2 for cutting instructions.
2. Place board A into shed frame and nail into place
using 16D sinkers.
87,~ A- A-
-~
18" iS- 6,0' ,~6" iS' /
End Frame Assembly for 12' Wide Shed
1~ Cut 5 pcs. (board A) 2x4-89%' with notch cut. See
diagram 1 page 2 for cutting instructions.
2. Place A boards into shed frame and r)ail into place
using 16[:) sinkers.
Door Assembly for 16' Wide Shed
1. Cut 6 pcs. (board A) 2x4-89%" with notch cut. See
diagram 1 page 2 for cutting instructions.
2. Place A boards into shed frame and nail into place
using 16D sinkers.
End Frame Assembly for 16' Wide Shed
1. Cut 7 pcs. (board A) 2x4-89%" with notch cut. See
diagram 1 page 2 for cutting instructions.
2. Place A boards into end frame and nail into place
using 16D sinkers.
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GR[GONIS, JR.
SERGE DOYEN, JR.
JOSEPH H. SAWICKI
JAMES DINIZIO, JR.
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 35 5OUTHOLD, L.I., N.Y~. llg?l
TELEPHONE (516) 765-1809
TYPE II
February t,
S.E..O,.R.A.
ACTION DECLARATION
] 990
Appeal No. 3902
Project/Applicants:
County Tax Map No.
Location of Project:
Henry Hunstein
1000- 70-13-20.20
90 Kimberly Lane and
Southold
135 North Bayview Road
Relief Requested/Jurisdiction Before This Board in this Project:
Construct accessory building in frontyard 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.
tm
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THE CHAIRMAN: This is the regular
monthly meeting of the Southold Town Zoning
Board of Appeals. We welcome you all here.
Appeal Number 3902, on behalf of
Henry Hunstein. The notice reads as
follows: Application Number 3902, variance
to the Zoning Ordinance, Article III A,
Section 100-30.3, (100-33), as disapproved,
for permission to construct accessory
building in front yard area. Property
Location: 90 Kimberly Lane and 135 North
Bayview Road, Southold, County Tax Map No.
1000, Section 70, Block 13, Lot 20.20.
I have a copy of the survey, the most
recent date, May 18, 1989, indicating a two-
story frame house and garage, and the nature
of this application is a storage building
approximately 60 feet in the rear of this
premises and approximately 60 feet from High
Neck Road. I have a copy of the Sou/hold
Town Tax Map indicating the surrounding
properties of the area.
Is there anyone who would like to be
heard? Mr. Hunstein, could you give the
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approximate size of the building,
MR. HUNSTEIN: Sixteen by
THE CHAIRMAN:
sir?
twenty.
Will you have any
facilities in this building at all,
electricity?
MR. HUNSTEIN:
THE CHAIRMAN:
such as
Just electricity.
We have a normal
process
it is only to be used for storage.
have an objection to that?
that we put a restriction on, that
Do you
MR. HUNSTEIN: No.
THE CHAIRMAN: Thank you very much.
Anybody else who would like to be
heard on behalf of this application?
Anybody who would like to speak against the
application? Any members?
Not having any further questions, I
make a motion to close the hearing. All in
Aye.
We will have a
favor ...
BOARD MEMBERS:
THE CHAIRMAN:
decision for you in a few weeks, sir. We
thank you very much for coming in.
Appeal Number 3901, on behalf of
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
JOSEPH H. SAWlCKI
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
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
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, Mattituck, 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 Schro6der
5804 7th Avenue, Brooklyn, NY 11220
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
NOrlCE 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,
at the following times;~,.._
0 p.m. Appl. No. 3902--
RY HUNS'rEIN. Variance
to the Zoning Ordinance, Arti-
cle I11 A, Section 100-30.3,
(100-3.3), as disapproved, for
permission to construct ac-
cessory building in frontyard
area. Property Location: 90
Kimberly Lane and 135 North
Bay~iew Road, Southold, Coun-
ty Tax Map No+ 1000, Section
70, Block 13, Lot 20.20e"-'--a~
~ p.m. Appl. No. 3901-
THOMAS ESCHMANN.
Variance to the Zoning Ordi-
nance, Article 111 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,
Lot 10.
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 hulk-
head. Property Location: 1730
West Creek Avenue, Cutchogue,
County Tax Map No. 1000, Sec-
tion I10, 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. WICKHAM. 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-
NOZZL 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,'.
Southoid, 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-
duetion 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 Ordi-
nance, Article III, Section
100-30, for approval of con-
sumer tasting and retail sales
from the winery. Property Loca-
tion: Route 48, Cutchogue,
County %x Map No. 1000, Sec-
tion 96, Block 4, Lot 4.3.
8:15 p.m. Appl. No. 3908--
ROBERT OCHSENREITER~:
AND EDWARD LENCESKE
Varla.nce for reversal of building
permit to construct a one fami-
ly dwelling. Property Location:
565 Bayer Road, Mattitock,
County 'lhx Map No. 1000, Sec-
tion 139, Block 3, Lot 14.
8:20 p.m. Appl.
ROBERT AND ETHELLE
SCHROEDER. Variance for re-
versal of building inspector for
change of use of land and exist-
ing building without obtaining
a Certificate of Occupancy. ~
perty Location: 4380 Mnin
Road, East Marion, Coumy Tax
Map No, 1000, Sect/on
Block 5, LOt 4.
8:25 p.m. Appl. No. 37'/0--
PORT OF EGYPT. Variance to
the Zoning Ordinance, Arlicle
XII, Section 100-121C-122, Sec-
tion 100-239d, as disappro~t
for permission to construct Boat
Storage Building with insuffi-
cient setbacks and excessive lo~
coverage in this Marine I1 (M-
Il) Zoning District. Properol
Location: Main Road,
Southold, County Tax Map
1000, Section 056, Block 04, 06,
LOt 10.1, II, 12.2, 3.2, 3.3, 4, &l.
The Board of Appeals will at
said 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
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: January 22, 1990
BY ORDER OF
THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
)'%/ By Doreen Ferwerda
IX, 1125/90
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 '~s~b- ~
day ot ...~ ........ 19 .?.~..
Sworn to before me this . ~-~'5~ ~ day of
Notary Public Bi~hr~-~R:~ A.~'['li',c~DL~ ~ m, ~
JUDITH T. TERRY
To:
From:
Dated:
Transmitted herewith is Zoning Appeal No.
Henry & Catherine I-lunstein
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Southold Town Zoning Board of Appeals
Judith T. Terry, Southold Town Clerk
December 27, 1989
3902
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
TELEPHONE
(516) 765-1801
· application of
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
FORM NO. 4
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
Office of the Building Inspector
Town Hall
Southold, N.Y.
CERTIFICATE OF OCCUPANCY
No Z18272
Date AUGUST 11~ 1989
THIS CERTIFIES that the building MOHRING ENTERPRISES
Location of Property 90 KIMBERLY LANE SOUTHOLD
House No. Street Hamlet
County Tax Map No. 1000 Section 070 Block 13 Lot 20.20
PARADISE BY
Subdivision THE BAY Filed Map No. 6463 Lot No. 20
conforms substantially to the Application for Building Permit heretofore
filed in this office dated OCT. 18~ 1988 pursuant to which
Building Permit No. 17730Z dated DEC. 30, 1988
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 ONE FAMILY DWELLING ATTACh~.n GARAGE~ AMENDED TO INCLUDE DECK.
The certificate is issued to MOHRING ENTERPRISES
(owner,
of the aforesaid building.
SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL 88-S0-137
UNDERWRITERS CERTIFICATE NO. N084092 AUG. 1~ 1989
6/23/89
PLUMBERS CERTIFICATION DATED SAINDERS PLUMBING & HEATING AUG. 8~ 1989
Building Inspector
Rev. 1/81
pro3ec~ and the likely imoact~ of the
investigations will b~ Undertaken.
(b) If any question has been answered Yes the project may be sig-
(c) If all questions have been answered NO it is likely that the
projecn is not significant.
(d) En~v~rCnmental A~sessm,n~t
1. WAll project result in a farce ~h~sical chan~e
than l0 acres of land?
2. Will there be a major chanqe to any unique or
WAll project alter or have a large effect o~
4. Will project have a potentially large, impact on ~_Ye$
5. Will project significantly effect drainage flow ~¥es
or animal Species? -
7. ~/ill pro~ect resul~ in a ma3or adverse effect on~¥es _~b~o
8. Will project have a major effect on Visual char-
10. Will project have a major effect on exi~tinq or
il. Will project result in major ~raffic problems or
12. Will project regularly cause objectionablo odors,
Will project have any impact on public health
14. Will project affect the exi~tinq community by ~Yes
Ap p e n~J[ C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSI~IENT FORM
For UNLISTED ACTIONS Only
PART I~PROJECT INFORMATION (To be completed by ADpllcant or Project sponsor)
2. PROJECT NAME
SEQR
Z. AMOUNT OF LARD AFFECTED:
g. WHAT IS PRESENT !~AtaO USE IN VICINITy OF FROJECT'~
~-] Ineustrlal :E~ Commercial
[] Agrlcutlure ~--~ Par~Forest/Open soace ~--~ OIhe~
t0. DCES ACTIC~I INVOLVE A PERMIT APPROVAL. OR FUNOINGo NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCy (FEDERAL,
STATE OR LOCAL}7
yes. Iisi agency(si and permit/approvals
ASPECT CF THE ACTION RAVE A CURRENTLY VALID PERMIT OR APPROVAL7
12. AS A ~EEULJ' OF PROPO.",ED AGTIOt,I WILL EXISTING PERMITIAPRROVAL REQUIRE ,'4ODIFICAi'ION?
CERTIFY THAT T~E INFORMATION PROVIDED ABOVE IS TRUE T-- -
/ ~ U IHE REST OF MY KNOWLEDGE
uie~sf~ Area, and you are a state a onc
Coa~r~;;~ ~,~ d g Y, complete
................ ~un ~e~ore proceeding with this assessment
OVER
QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED
WITH YOUR APPLICATION FO~.IS TO THE 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-
tion.
1. Are there any proposals to change or 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 waterway without bulkhead?
3. Are there existing structures at or below ground level,
such as patios, foundations, etc?
e
Are there~l~xisting or
barriers,~ec~, etc? proposed fences, concrete
If project is proposed for an accessory building or
structure, is 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 1-~-~17 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 ~
Yes ~__~
Yes ~
Yes O
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 Department
Village of Greenport
N.Y.S.D.E.C.
Other
10.
Is premises pending a sale or conveyance?
If yes, please submit copy of names or pu~rchasers
and conditions of sale. (from contract)
11. Is new construction proposed in the area of contours
at 5 feet or less as exists?
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?
13. Please list present use or operatioBs.~ ~ conducted upon the
subject property at this time
and proposed
Please submit photographs for the record.
Yes
Yes
Yes
Yes
Yes
Yes
Yes ~
Yes ~
Yes ~o~
I certify that the above statements are true and are being submitted for
reli~ce by th~Board of Appeals in considering my application.
· gnat~ (Property Owner) (Authorized Agent)
1/ss
WETLANDS [Amended 8-26-7(; by L.L. No. 2-1976; 3-26-
85 by L.L. No. 6-1985]:
A. TIDAL WETLANDS:
(1) All lands generally covered or intermittently cov-
ered with, or which border on, tidal waters, or hinds
lying beneath tidal waters, which at mean Iow tide
are covered by tidal waters to a maximum depth of
five (5) feet. including but not limited to hanks.
bogs. salt marsh, swamps, meadows, flats or other
Iow lying lands subject to tidal action:
(2)
All banks, bogs, meadows, fiats and tidal marsh
subject to such tides and upon which grows or may
grow some or any of tbe following: salt hay, black
grass, saltworts, sea lavender, tall cordgrass, high
bush, cattails, groundsel, marshmallow and Iow
march cordgrass; and/or
(3)
All land immediately adjacent to a tidal wetland as
defined in Subsection A(2) and lying within seven-
ty-five (75) feet landward of the must landward
edge of such a ti(Iai wetland.
B. FRESItWATER WETI,ANI)S:
(1)
"Freshwater wetlands" as defined in Article 24, Ti-
tle 1, § 24-0107, Subdivisions l(a) to l(d) inclusive,
of the Environmental Couservation Law of the State
of New York: and
(2)
All land immediately adjacent to a "freshwater wet-
land," as defined in Subsection B(1) uml lying with-
in seventy-fivd (75) feet landward of the most land-
ward edge of a "freshwater wetland."
9705 z. ~,~. ss
CONSULT YOUR LAWYER BEFORE B Tills I~STRUMENT -- ]'Ills INSIRUMENT SROOBE USED BY LAWYEnS ONLY.
THIS INDENTURE, .mdc tile j~' ~' day (,f
BETWEEN '
^u§usb
. ,inclcc, hu,dred a dE
MOHRING ENTERPRISES INC., a domestic corporation wi th
offices at 323 Glen Cove Avenue, Sea Cliff, New York
pally of Ibc first pall, ami
IIENR~ IlUNSTEIN and CATllER[NE R. RUNSTEiN, his wife, boLh
.,
residing at 302 Sayville Road, ,Mine~la, New York
[ C T
)N
pnHy ol' thc sccoml
WITNESSETH, Iha! thc pasy of thc Ii,si paS. i. c-.~idc..i...I TEN and 00/100bhs
( $10 · O0 ) ...................................................(h,lh.~.
la~vful mo,cy of thc U.itcd Slafc~. and obher good an~ valuable consideration
ALL Ihat ccnai, plot. piece or pmccl .f la.d. with fhe Imildi,gs and iml,OVCmC,f
bciugi~ lie [o:4;1 o~ ;~o;l~t3[ (',olqL~ o[' ,;~ Ffo[l~
Paradls~ by bh'~ Bay" ~,~'1 rlL,r] [u t,h(~ Of'rie~
Co. un{;.,, :~F ,, .C[o[k ~,~ 11//~/]~ ~:: .lap 'I .I)~r ,',~ ,.3,
BL(,Id,{I[~, ab ti~a cdrq3r f'or,~:l b,7 bite [~ter~ecl;i. on of I;h:~ so,tl;l~.~r[f
oz.le of Piao ~leck ito~/ ?~ibh th.. .
~' ~t,.terly side of dor,.n IP>.yvi. ew
RUUi.I[{h; 'I.'UE~'ICE alon] t,, e so,~UmrJ.j side oF Pine t'leck
96~ 50" I xab 9' fi ' .Ce~5
· .~)...%) ;
IIUN!I[;I] TtIF. dC.I,', so'.~theast~r[/ ~.ton~ m are
the ri. gab t4ho~ ].a,hm; La 2~.00 .f~et 4 l:[atanc.~
RUi'Ii4ItlG THE'ICJ;; a]on~l fha ?tm;b~r.ly al,13 o[' iit:~berLy ]_,'m,~ ,3oul, r 03'
10" East 125.00 f~.. t
IU~,,i[:~] Tdr,',[IC~: g6" 06' 50" .l~;~t ]15.P2 ~t to the
IUJ,'h~[Ii,[G '£![F, ICI!; al. on.,~ f, lr~. east~r.l.7 aisle; oF ,lorbh Bayvl.~w Roa~t ;lorl, h
O5" 2~' 40" 'Joab 150.O5 l'o~l; b:) blt~ point or plata of B ' ~ : '.
' t,[ [ I [ [ ,
~JIJ]},lI!lO'l' to cove!]anbs, reotricl;Lon~, eaaa.n~nta, reservations att:l
a.]reenents of record.
Grantor herein i~ ~he same as ~ran[ee a~ Liber i02~7 page 72.
lh¢ above described prclniscs to lhe ccnler lilies Ihcrcof,
TOGETNE[FI wilh Ih¢ appul~cnances and all file eslalc ami righls of Ih¢ parly of Ihe firsl pall in and lo said prclniscs
TO NAVE AND TO HOLD Ihe premises hcvcin granlcd unto Ibc patty t:f lilt sccoad part, Ihe hei~-s or successors
assigns of thc party of Ihe second pall forever.
AND thc pa~ty of Iht filst pall covcnaJlls lhal llm pillly of Iht lilsl l)all lids m)l done { ) ll sufl~:l'Cd anylJling whctcby
AND thc p;llly (ff lhc lirsl pail, ill c:mlpliancc with ]~li(ill J] of lh~ Lie. Law: covenanls lhat llm pall7 (}Il Ih0 [hsl
pall will ~eceive llle consideralion fi)r lifts c:mvcyancc aml will hold l]l~ ri[hl io receive sach t'onside~,lion as a lltlgl
I~lild lO bC applied first for Ihe i)a~osc of p;tyiiig Ibc c()sl of thc iJIIplIOVCIIICIII alld will al)ply the s;inle lilsl lo thc pay-
Thc word :']}ally': sllalJ be t'Ollall]lcd ils if il I~ild ) l'cs ' WhCllCVer Iht sense of IJli5 hldenllll~ so [~(lllille~.
IN WITNESS WtlEREOF, Iht party of file Ihsl pail has duly executed Ihis deed file day alld year lirsl above Wlilleft.
E OF NEW YORK, COUNTY OF
day of
19
SS:
, I)clbrc lite
Io nit Lm)wrl I<) he Iht indivi(hfal dcsc'libcd ill and vdt.
cxCculcd lite Jblcgoing illSllltlllClll, illld ilc~rl()wlcdgcd Ihat
STATE OF NEW YORK, COUNTY OF SUFFOLK ss:
On fhe day of Augu~l~ 1989 , I)t.'l.tc me
I)ersonillly c;Ime ~i ....
It C la ~ MO ] in~
ibm hc Jcsi(Ic~ a~ N.. ~2] Glen Cove ~venue,
ih;~a C~iff~ Ne,:, York .
.i' VJ ce Presiden~
~h~in~ EnLerprises, Inq'ff,c c-q,,.afi., de~c,ih~d
hi mid which c~Cculcd fl~e fi.eg()hig high.mom; iha~ hc
ellc smd of ~;lid corp(.'~i(.l; ihat ll]c sc;ti ~dfi~cd h) s;fid
is such C()ll~OnHc ~cal; Ih;~ i~ was s(] ;dZixcd by ordc~ o~ Iht I)uald
-f directors (fl said coll)Oi;llioll, ;illd Ihii{ he Sigltcd his IHIIIIC
IhClClo by likc older.
j36tary Pub~ie
No. 30 OG06TI5
Oualilied in Ilassu~m Counly
Colnmiosioft Expkus Feb. 28,
MOIIRIHG ENTERPRISES, INC.
ilENRY IIUNSTEIN and
CATIIERINE R. IIUNSTEIN
E COMMONWEALTH LAND'
TlJJE INSLJR^NC£ COHPANy
I~TATE OF NEW YORK, COUNTY OF
the cby of
personally
19
SS:
-~TATE OF NEW YORK, COUNTY OF
SS:
()11 the day of 19 , I~fol~ ule
J+cl siJriilJJy C;llllC
h) ine Lumen, xxho, being by IliC duly swoHm, did (lelx~se ;llld
Ih;ll lie {csitlcs ail No.
{Jt;ll he is thc ;
, Ihe COlpOl'illJOll described
;tlld whk'h cxcctllC I e lb rgi Ig s I till
such Cltll)Olale seill; IhJll il wils so illlixcd J)y ruder i~l Ihe h()md
Ihcrclo hy llkc
Rc,:.rdcd iii R..:,que:.;I (ti' CO~,Ir.,IONWI~AI.TII I.ANI)
TI'I I.E INSIU,LAN(?I.: COMI:'ANY
FREDERICK J. TEDESCHI,
PO BOX 562
GREENPORT, NY 11944
ESQ.
TO~N CLERK
· ow~ o~ SO~TnO~ ~
Suffolk County, New York 516- 765-18~1 ]~.0 3 4 ~ 3
' ~ '~ ff ~' ' ~ ~th T. Te~o~n Clerk
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter or the Petition of :
to the Board of Appeals of the lown of Southold :
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]
).
2. That the prop/~.rty which is the subiect of the Petition is located adiacent to your property and i.~ des-
3. That the property which is the subject of such Petition is located in the following z_~oning district:
4 ]ha[ h% ~u(I] ~eI~t~on, the undersigned w~ll request the follow~ngrel~ef; ~/~
5. That the provisio3~ of the Southold Town Zoning Code al:Lolicable to the relief sought by the under-
signed are Article 77~_-~ Sect/on /OD..-~ ~, .7 ~' Y~ ~ -~ ~.)
[ ] Section 280-A, New York Town Law for approval of access over r~ght(s)-of-way.
b. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the Southotd Town Clerk's Office at Main Road. Southold, New York and you may then and there
examine the same during regular office hours. (516) T~5-L809.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such
hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the
Town of Southold and designated for the publication of such notices; that you or your representative have the
right to appear and be heard at such hearing.
Dated: ,./r,~-='~ ' dOF ~._~~
Petitioner //'/ / ./
Post Of~.ice Address -- Y ' '
Tel. No,
[Copy of sketch or plan showing proposal to be attached for convenience
purposes.]
NAME
PROOF OF MAILING OF NOTICE
ATTACH CERTIFIP-D MAIL RECEIPTS
ADDRESS
P 483 6~9 878
RECEIPT FOR CERTIFIED MAIL
(See Reverse)
P , Sta~e nd Z~P Code
Certified Fee
Speoal Dehvery Fee
Restricted Delivery F~
P°s'markl
...(~
STATE OF NEW YORK
COUNTY OF SUFFOLK
, being duly sworn, deposes and says that on the ~..~-~ day
of ~'~ ,E CE~ f~g-/~' ,19 <;~ , 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 $outhold; that said Notices were mailed at the United States Post Of-
rice at ~,,v~o~ . ~1, ,i, I/J-o /
(certified)
Sworn to before me this ~
day of .,~¢~'..~/~--- ,19 ~?~'
NotafFPublic
; that said Notices ~,ere mailed to.e~ach of said persons by
~:T -'," ' I= .?",qClO
~tOIAR~ ~ [:[W ¥ORt~
_~¢0, ~/~/?~/
(This side does not have to be completed on form transmitted to adjoining
property owners.)
AREA TO REA44N ~I ,
PINE
NECK
ROAD
FEHCE
N 86' 06' 50' E u,~(
*FEN* N
( VACANT )
to' ~,~Sg~T.~F,~.~e L~S FOe LOTS
revision IO-G-88(slk. /nd)
revision 9-~.l-88(slk.)
S 86' 06' 50' W
AREA = 47,559sq. fl.
or
I, 092ocre$
Prepaid Ih ogcol~lam~'e w~ ~e mit~um
~dmde for title tommee m meal~bl~d by
dm L I.A. L ~d ~ro~ and adopted
for ~uch use by\llm New YoYk Skate ~
Title A~oclatien.
SURVEY OF
LOT o2 0
PARA D/SE B Y THE BAY
F/LED NOVEMBER 4, 1976 FILE NO. 6463
A T SOUTHOID
TOWN OF SOUTHOLD
SUFFOLK COUNTY, N. Y.
1000 , 70 -' 13 - 20.20
Scale 1" = 40'
Oct. 26, 1987
Nov. 21, 1988(cert.)
Jan. 23, 1989(foundation)
May 18, 1989(final)
B. O. H. # 88-S0- 137
CERTIFIED TO:
COMMONWEALTH LAND TITt ~ INSURANCE ~OMPANY
NORTH FORK BANK & TRUST
CERTIFIED TO:
COMMONWEALTH LAND TITLE INSURANCE COMPANY
NORTH FORK BANK & TRUST
(516) 765 - 5020
P.O. BOX 909
/ MAIN ROAD
SOUTHOLD, N. Y. 11971