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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 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2 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 80[ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 approximate size 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 I 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 approximate size 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