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Home My WebLink About3985 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTt L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS DELIBERATIONS/DECISION: Appeal No. 3985: Upon Application for HERBERT AND CATHERINE LINDVEIT. Variances to the Zoning Ordinance, Article XXVIII, Section 100-239.4B and Article XXIV, Section 100-244B for proposed one-story and second-story additions with two-foot over-hangs (cantilevers). Portion of additions will be less than 75 feet from bulkhead along Corey Creek and will reduce both side yards to less than the minimum required at 10 and 15 feet. The dwelling as exists has nonconforming side yards, and the lot area and width of this parcel are also nonconforming in this R-40 Zone District. Location of Property: 625 Windy Point Lane (Private Road #12), Southold, NY; County Tax Map Parcel No. 1000-87-4-7. WHEREAS, the public hearing was held on November 29, 1990, and all persons 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, Board Members have personally viewed and are familiar with the premises in question, its present zoning, the surrounding areas; and and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located in the "Low-Density Residential R-40" Zone District and is referred to as District Page 2 - Appl. No. 3985 Matter of BsRBERT AND CATHERINE LINDVEIT Decision Rendered December 13, 1990 1000, Section 87, Block 04, Lot 004 on the Suffolk County Tax Maps, situate along the southeasterly side of Windy Point Lane, Southold, Town of Southold, New York. 2. The subject premises as exists: (a) contains a total combined lot area of 10,688 sq. ft. with 65.00 ft. road frontage (lot width); (b) is improved with a single-family dwelling as shown by the applicant's sketch of a survey indicating setbacks as exist from the bulkhead at 33 feet, from the westerly side yard at 4.7 feet, from the easterly side yard at 14 feet, and total side yards at 18.7 feet, all from their closest points. Also existing on the site is a frame shed and concrete block building for the well, both located in the nonconforming front yard area. The frame shed is situated 3.4 feet from the westerly side property line. 3. Article IIIA, Section 100-30A.3 of the current zoning code (as amended January 9, 1989) requires a minimum side yard of 15 feet and 20 feet, total sideyards at not less than 35 feet. 4. Article XXIII, Section 100-239.4B requires a setback of not less than 75 feet from the bulkhead along Corey Creek. 5. The relief sought by this application are variances for approval of: (a) reduction of the westerly side yard for the proposed cantiliver (over-hang) of two feet; (b) proposed open deck construction and reconstruction (including a new second story) to be set back 23+- feet from the bulkhead at its closest point; (c) total side yards at 13.7 feet (without over-hang) and at 9.5 feet with cantilevered over-hang. 6. For the record, it is noted that the premises abutting this parcel on the west side received side and rear yard variances on September 21, 1989 under Appl. No. 3865 (Burst). Page 3 - Appl. No. 3985 Matter of H.~BERT AND CATHERINE LINDVEIT Decision Rendered December 13, 1990 (Appl. No. 3985 - LINDVEIT decision, continued:) 7. In considering this application, the Board also finds and determines: (a) the relief as granted will not in turn increase the dwelling unit density, since the parcel has been since prior to 1964 and presently is improved with a dwelling; (b) the evidence submitted and practical difficulties claimed are sufficient to warrant a grant of this variance; (c) there will be no substantial change in the character of the immediate neighborhood or detriment to adjoining properties; (d) the difficulties cannot be obviated by some method feasible to the appellant to pursue, other than a variance; (e) the difficulties are due to the uniqueness of the land and are not personal to the property owners; (f) that in view of the manner in which the difficulties arose, and in con- sidering all the above factors, the interests of justice will be served by granting the variance, as conditionally noted below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, to GRANT the relief as requested (and noted in paragraph 95, supra), in the Matter of the Application of HERBERT AND CATHERINE LINDVEIT under Appl. No. 3985, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the deck construction proposed at the easterly side be not closer than eight (8') feet to the property line (may be clipped to conform with the 8 ft. setback); 2. That the deck remain open and not fully enclosed; 3. That the setbacks be not closer than 4.5 at the westerly side and not closer than 8.0 feet at the easterly side (with the exception of the two-foot over-hangs), as applied {more particularly shown on the September 18, 1990 survey prepared by Peconic Surveyors, P.C.}. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen and Dinizio, consisting of all four members at this time. Tl~s resolutiu~ was duly~adopted. AND FILED BY SOLidi:[[OLD TOW: c t~OUR APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following 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, NOVEMBER 29, 1990 at the following times: 7:30 p.m. Appl. No. 3972 - PETROL STATION LTD. Hearing continued from November 1, 1990. 7:35 p.m. Appl. No. 3985 - HERBERT.AND CATHERINE INDTVEIT. Variances to the Zoning Ordinance, Article XXVIII, ection 100-239.4B and Articl~ XX~V, Section 100-244B for roposed one-story and second-story additions with two-foot over-hangs (cantilevers) Portion of additions will be less than 75 feet from bulkhead along Corey Creek and will reduce both side yards to less than the minimum required at 10 and 15 feet. The dwelling as exists has nonconforming side yards, and the lot area and width are also nonconforming in this R-40 Zone Property: Windy Point Lane (Private District. Location of 625 d #12}' Southold, NY; County Tax Map Parcel 1000-87-4-7. Page 2 - Legal Notice Hearings to be Held November 29, 1990 Southold Town Board of Appeals 7:40 p.m. Appl. No. 3986 - BARRY AND BEVERLY LEHR. Variance to the Zoning Ordinance, Article III, Section 100-30.2A for approval of the location of accessory building located in an area other than the required rear yard and located within 75 feet of the bulkhead along Goose Creek (a/k/a West Creek). Lot is nonconforming as to lot area and width in this R-40 Zone District. Location of Property: 15 Sun Lane, Southold; also referred to as Lots 1 & 2 on the Subdivision map of "West Creek Development" filed July 6, 1937 as County File No. 1236. County Tax Map Parcel ID No. 1000-76-1-1. 7:45 p.m. Appl. No. 3988 - ANTONIO VANGI. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 and Article XXIII, Section 100-239.4, for permission to construct garage addition with a setback of less than 100 feet from the top of the bluff along the Long Island Sound and with side yards at less than the required 15 feet and 20 feet. The dwelling as exists is nonconforming as to total sideyards, and the lot area and width are nonconforming in this R-40 Zone District. Location of Property: 645 Glen Court, Cutchogue, NY; Vista Bluff Map No. 5060, Lot #1; County Tax Map Parcel ID No. 1000-83-1-7. ? Page 3 - Legal Notice Hearings to be Held November 29, 1990 Southold Town Board of Appeals 7:55 p.m. Appl. No. 3987 - H & S ASSOCIATES by Sanford Friemann. Variance to the Zoning Ordinance, Article X, Section 100-102 (Bulk Schedule) for approval of insufficient frontage (lot width) {as exists} along the Main Road of proposed Lot #3 and for approval of insufficient lot depth of proposed Lot #2, in this pending minor subdivision, and for approval of access according to New York Town Law, Section 280A over a private right-of-way. Zone Districts: B-General Business and Agricultural-Conservation. of Main Road, Cutchogue, NY; 1000-102-2-24. Total area: Location of Property: North Side County Tax Map Parcel ID No. 19.596 acres. 8:05 p.m. Appl. No. 3977 - BE'l'l'f J. COPIN. Continued from November 1, 1990. 8:15 p.m. Appl. No. 3788 - RUN REFINING '& MARKETING. Variances to the Zoning Ordinance, Article X, Section 100-102: (1) for permission to establish convenience store use in conjunction with and accessory to the existing gasoline station use on this substandard parcel which contains less than 30,000 sq. ft. in lot area; (2) for interpretation as to height limitation of accessory (canopy) structure, and (3) for approval of canopy structure in the front yard location. Location of Property: Corner of the Easterly Side of Factory Avenue and Northerly Side of the Main Road, Mattituck, NY; County Tax Map Parcel ID No. 1000-142-1-27. Page 4 - Legal Notice Hearings to be Held November 29, Southold Town Board of Appeals 1990 8:30 p.m. Appl. No. 3983 JANET MALONEY. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for approval of deck within 75 feet of bulkhead along Hog Neck Bay. Lot is nonconforming as to lot area in this R-40 Zone District. Location of Property: 30 West Lake Drive and 2505 Little Peconic Bay Lane, Southold, NY; County Tax Map Parcel ID No. 1000-90-1-25; Cedar Beach Park Lot No. 125, filed Map No. 90. 8:35 p.m. Appl. No. 3981 - PHYLLIS RAYNE BYER. Variance to the Zoning Ordinance, Article III, Section 100-30A(1), as disapproved, for approval of second dwelling apartment unit, as exists. Building as exists contains two dwelling units and retail store in this Limited Business (LB) Zone District. Lot is nonconforming as to lot area, w,i~th,and depth. Location of Property: Corner of South Side of Main Road and the East Side of Bay Avenue, Cutchogue, NY; County Tax Map Parcel ID No. 1000-85-3-2.1. Page 5 - Legal Notice Hearings to be Held November 29, Southold Town Board of Appeals 1990 8:45 p.m. Appl. No. 3973 - JO~IN AND ROSE MILAZZO. Variances to the Zoning Ordinance, Article XXIII, Section 100-239.4 {a/k/a 100-239d(B)} and Article XXIV, Section 100-244B for permission to locate addition and reconstruction of dwelling structure with setbacks: (a) at less than the required 75 feet from the bulkhead, (b) at less than the required minimum 35 ft. rear yard at its closest point, and (c) at less than the required 10 ft. and 15 ft. minimum side yards, (d) at less than the total side yards required minimum of 25 feet. Existing dwelling structure is nonconforming as to the northerly side yard, the rear yard, and the setback from the bulkhead. Lot area and width is nonconforming in this R-40 Zone District. Location of Property: 9 Island View Lane, Greenport, NY; County Tax Map Parcel ID No. 1000-57-2-20. 8:55 p.m. Appl. No. 3955 - DOMINICK SBLENDIDO & A. AURICCHIO. Interpretation requested re~arding second kitchen facilities and its relation to single-family verses two-family uses, and a variance for addition with an insufficient frontyard setback. 185 Inlet Lane, Greenport. Continued from November 1, 1990. 9:15 p.m. Appl. No. 3975 - ARTHUR G. CARLSON. Interpretation and Variance to the Zoning Ordinance, Article III, Section 100-30 (as disapproved by the Building Inspector) for permission to accept delivery of shellfish from local waters, to shuck the shellfish, and to deliver or ship the scallops and/or conches for wholesale distribution. Scallops Page 6 - Legal Notice Hearings to be Held November 29, Southold Town Board of Appeals 1990 and conches to be delivered for off-premises consumption or sales. Zone District: Agricultural-Conservation (AC). Location of Property: 1575 Lower Road, Southold, NY; County Tax Map Parcel No. 1000-69-5-13.2. Continued from November 1, 1990. 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 the time allotted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated: November 9, 1990. BY ORDER OFTHE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date OCTOBER 12, .......................... ,19 90 6_3~ ADAHS PLACE .... ?..s.~...~...s..m~.. :...~...Lo.~.....U?.~.~.. PLEASE TAKE NOTICE that your application dated ..... .oq:.Tg~.g.~.~., ........... ,199..o.... p .,~enn:+ to CONSTRUCT ADDITIONS TO EXISTING 01~ FAIilLY D~LLING for Location of Prooertv 625 WINDAY POINT ~ ( PVT. ROAD #12) SOUTltOLD, ~.Y. County Tm Map No. 1000 Section 87 Block 4 ... Eot 7 Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds . ...g~.~..R..~t..T.I.CL..R..~..IV. ........... SECTION 10~244B. PROPOSED ADDITIONS AND SECONI) STORY ( CANTILEVER ) WILL I~VE INSUFFICIEI~ SIDE 4MI) TOTAL SIDE Y~RI) SETIL~CI[S. ALSO UNDER 4RYICLE u¥III SECTION m05239.4 B. PROPOSED CONSTRUCTION WILL BE L~SS TI~V/75 I~T FR{3~ BOLICa~.~,D. A. Cy.t0.~. ~QUIP~D E~ '~.~. ZON~G ~ OF ~e~s ~ E~ ','~ ~ OF TO~m TRUSTgES. D.;a ....... RV 1/80 IICIIVID .~ ~ ~"~"~,~ TOWN OF SOUTHOLD, NEW YORK ~k~ ~ DECISION OF BUILDING INSPECTOR TO THE 'ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ], (We)..~l.e.~k.e.~.t~...~...g~i~rJ,z~m..~Lv.e~ .......... 6.3.~..~,~...~s~ .............................. Name of ,~ppellcmt Street and Number ......... .W...e..s...'g...~.~.~.$.~, ...................................................... .b]..,..~.: ............... HEREBY APPEAL TO Municipality State APPEAL NO. THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) Name of Applicant for permit of 11552 .6.).4 A.d...a. ms Place West .H..e...m..p. stead, N,Y. Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY ~t~w~e~. ~_n~_ o~*~-- ~ .... ~-~ .... e family dwelli~ 1. LOCATION OF THE p~;~"6~ ~'~. ~ne (Pvt. Rd.~12) Street /Hamlet / U~ District on Zoni~ Map Dfstrict 1000 Section 87 Block4 Lot ? . C trent ~nerHerbert & Catherine Lindtveit Map No. Lot No. P~io~ 0wne~. Patricia Jayne 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Z~)r~_O~c~q~nce &~y number. Do not quote the Ordinance.) ArticleXX1V & Section AAviii 100-239.4 ~. 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cone. Laws Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous oppeal (hos)(~ been made with respect to this decision of the Building Inspector or with respect to this property. Such appeoJ was ( ) request for a special permit ( ) request for a variance and waS made in Appea! No ................................. Doted ............................. t ........................................ REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance ( ) is requested for the reason that Porto ZBI (Continue on other side) REASON FOR APPEAL Continued glVII)ll 1. STRICT APPLICATION OF THE ORDINANCE would p~duce practical difficulti~ or unn~es- san HARDSHIP becou~ ~ As the house now stands, it cannot be usedama~sl~ a year round dwelling. This house was built for summer use with 538 sq. ft. of living space. It is open underneath, with exposed water pipes. It has one small bedroom (8'x i0'), a small bath with shower (no tub). The rest of the area serves as kitchen and livin~ quarters. Dye to its one bedroom (and overall small size) we cannot entertain overnight ~uests. Daytime visitors ape mainly entertained outside on the present deck. We would like~to make this our year round residence, We wish to enlarge the first floor living area to include the present deck, and then add a new deck. We also want to add an attached two car ~arage. We also wish to add a second story with a two foot overhang on each side to increase that living space. That area to include an upper deck with a fantastic view! Also a family room and bedrooms, and bath. Two of our children (we have four) live out of state, so their visits require an overnight stay. 2. The hardshipcreatedis UNIQUE andisnotshared ~ all propeffies alike in ~e immediate vicJnity of this property and in ~is use district becau~ All ho~es in the immediate vicinity are summer homes and cannot be used year round, except the neighbor to our right, that house was renovated this past summer. Most other homes have larger lot sizes with the dwelling positioned more favorably. 3. The Variance would observe the spirit of the O~inance and WOULD NOT CHANGE THE CHARACTER OF THE DIS1klCTbecause There would still be ample room between the deck an~ bulkhead to pursue the same activities we do now. It would not adversley affect the wetlands nor would it be an impediment to our neighbors~or district. STATE OF NEW YORK ) ) COUNTY OF~J~ ) ss Signature Sworn to this ...................... .~.-.-~. day of ............ ..~...~ ................... 1990 ~"o~'~ £r.---V-? TOWH OF SOUTHOLD PROPERTY "oWNER r. -- J STREETCo*' C~ J VILLAGE FOYER OWNER ~ ., E I ACX. I . t,S"o 1-' TYPE aP BUILDING VL. FARM COMM. CB. MISC: Mkt. Value LOT IMP. TOTAL DATE REMARKS NEW FARM Tillable 1 Tillable 2 Tillable 3 Woodland Swampland Brushland House Plot Total NORMAL Acre BELOW · Value Per Acre ABOVE Value FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD b7 · COLOR TRIM M. Bldg. ~z.o N ~ ~/ Extension i ~,' : Extension Extension Po~'ch 4/Z' f- "~ Breezeway Garage Patio O.B. Total ndati°n~': g' ~/ ~' /'- '[ Walls ~ qnterior Finish Fir~' Place ~L 0 H~t Roof reation )ormer Rooms 1st Floor Rooms 2nd Floo~ FIN. B. ~/~'.. ~_ ',./'_~, TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. SUB. LO FO~R OWNER . ~.',:, ',! ' ..' -N , ACR. I RES. ,, S~S. VL ~A~ COMM. CB. . . Mkt. Value ~ND IMP. TOTAL DATE RE~RKS N~ NOR~L BELOW ABOVE / I FArM Acre VaJue Per Value Acre Tillable 1 Tillable 2 Til~ble 3 W°°dl6nd ~[~,~ee~ Brushland FRONTAGE ON ROAD ~ ~ ~/~3~/~* House Plot DEPTH /~ ~ ~ ~ ~ ~ ~ BULKH~D Total DOCK ~:' Bldg. i[xtension I EXtension !~ Extension Porcn Porch Breezeway Garage Patio COLOR TRIM Foundation :xt. Walls 'e Place Type Roof .t~ecreation Roor Dormer Driveway Bath ~'~' / Floors ~.~ Interior Finish Heat Rooms 1st Floor Rooms 2nd Floo inette LR. TRUSTEES John M. Bredemeyen III, President Henry P. Smith, Vice Presidenl Albert J. KrupskL Jr. John L. Bednoski, Jr. John B. Tuthill Telephone (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD OTI' L HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 February 21, 1991 Herbert Lindtveit 634 Adams Place West Hempstead, NY 11552 RE: SCTM #1000-87-4-7 Dear Mr. Lindtveit: In addition to our field inspection at the site of your home on February 5, 1991 the Southold Town Board of Trustees conducted a file search and discussed your application at our February 14, 1991 meeting. As a result of our review, we require that you submit to us additional information for your application as well as the $150.00 application fee. Your application must be processed formally due to the scope of the project and the concerns of the conservation advisory council. Items which we need to complete processing of your application are: 1. Please date your application 2. please submit additional detailed drawings and descriptions of how you will handle slopes and run-off to neighboring properties to the east and west of your~ 3. We need to know whether you plan to replace your sanitary system as part of your proposed grade change. 4. Show provisions for drywells or drainage swales for all roof run off. Thank you for your cooperation in these matters. ry tr~3~ly~ yours, John M. Bredemeyer, III President, Board of Trustees cc: ZBA,~ GAG DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PATRICK G, HALPIN SUFFOLK COUNTY EXECUTIVE 360-5206 ARTHUR H. KUNZ December 31, 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) JHerbert & Catherine Lindvett S. H. Friemann & Others Municipal File Number(s) 3985 3987 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. Sawicki James Dinizio, .Ir. Telepho. ne (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ~ Pursuant to Article XlII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: ×XVIII X Variance from the Zoning Code, Article , Section 100-239.4B XXlV 100-244B Variance from Determination of Southold Town Building Inspector. Special Exception, Article , Section Special Permit Appeal Location of Affected Land: County Tax Map Within 500 Town No.: 3985 Applicant: HERBERT & CATHERINE LINDVEIT Southold,NY 625 Windy Point Lane, Item No.: 1000-87-4-7 feet of: or Village Boundary Line X Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Boundary of Existing or Proposed County, Boundary of Existing or Proposed County, Other Recreation Area Thruway State or Federally Owned State or Federal Park or or COMMENTS: less 75' Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. Applicant is requesting permission to construct additions from bulkhead and reduced side yards, on nonconforming Land area and width of existing dwelling. Copies of Town file and related documents enclosed for your review. Dated: 12/)9~90 / APPEALS BOARD MEMBERS Gerard P. Ooehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCO'IT L. HARRIS Supervisor Town HaH, 53095 Main Road P.O. Box 1179 Southold, New Yo~ 11971 Fax (516) 765-1823 Telephone (516) 765-1800 December 19, 1990 Mr. and Mrs. Herbert Lindtveit 634 Adams Place West Hempstead, NY 11552 Re: Appl. No. 3985 - Variances Dear Mr. and Mrs. Lindtveit: Transmitted for your records is a copy of the determination rendered by the Board of Appeals at our Dece~er 13, 1998 Special Meeting concerning the above application. Please be sure to return to the Building Department and any other agency which may have jurisdiction for appropriate approvals. A copy of this decision has simultaneously been transmitted to the Building Department for their file and update. Yours very truly, GERA~%D P. GOEHRINGER C~AIR~N By Linda Kowalski Copy of Decision to: Building Department Suffolk County Department of Planning [ I~t APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF ~PPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 November 15, 1990 S.E.,Q.R.A. TYPE II ACTION DECLARATION Appeal No. 3985 Project/Applicants: County Tax Map No. Location of Project: Herbert and Catherine Lindtveit 1000- 87-4-7 Windy Point La. off S/s Bayview Rd., Southold, NY Addition and alteration to existing dwelling within 75 feet of bulkhead Relief Requested/Jurisdiction Before This Board in this Project: 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. mc APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF $OUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 SouthoM, New York 11971 Fnx (516) 765-1823 Telephone (516) 765-1800 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. '' Your~ very truly, GERARD P. C-OEHRINGER CHAIRMAN Enclosure Copies to the following on or about 11/13/90: L.I. Traveler-Watchman (delivery 11/13) Suffolk Times, Inc. (delivery 11/13) Bulletin Board (Lobby) Individual ZBA files J. Kevin McLaughlin, Esq. w'~r. Herbert Lindtveit (hand-delivery 11/13) Mrs. Beverly Lehr (hand-delivery 11/13) Mr. John Scaramucci, P.O. Box 1043, 2045 Westphalia Road, Mattituck, NY 11952 (Re: Vangi) Mr. Sanford Friemann, P.O. Box 915, Cutchogue 11935 (Re: H & S) Mr. Curt Meyhoefer, 2195 Albertson La, Southold 11971 (Re: Copin) Marie Ongioni, Esq., P.O. Box 562, Greenport 11944 (Re: Copin} John M. Wagner, Esq., P.O. Box 279, Riverhead 11901 (Re: Sun Oil) Donald M. McGayhey, Esq., Box 981, Southold 11971 (Re: Maloney) Mrs. Phyllis Rayne Byer, Box 1161, Cutchogue 11935 Re: Milazzo: Salvator A. Caradonna, 23 W. John St., Hicksville, NY 11801 Mr. John Milazzo, 137 Kings Road, Hauppauge 11788 Mrs. Muriel Baldwin, 1045 Island View La, Greenport 11944 Philip J. Cardinale, Esq., P.O. Box W, Main Rd, Jamesport 11947 Marie Ongioni, Esq. (same as above) Mr. Victor Lessard, Principal Building Inspector Mr. Arthur G. Carlson, Box 693, Southold 11971 -~'~/NOTICE IS HEREBY :.': GIVEN, pursuant to Section .267 of the Town Law and the ,u Code of the Town of Southold, the following hearings will be ..held by the SOUTHOLD ' TOWN BOARDOFAPPEALS at a Regular Meeting, at. the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, NOVEMBER 29, 1990 at the following times: 7:30 p.m. ~,ppl. No. 3972-- PETROL STATION LTD. Hearing continued from November 1, 1990. '"' 7:35 p.m. Appl. No. 3985 HERBERT AND CATHER- INE LINDTVEIT. Variances to the Zoning Ordinance, Article .XXVII[, Section 100-239.4B ~-and Article XXIV, Section 100-244B for proposed one~ "story and second-story addition~ with two-foot over-hangs (can: tilevers). Portion of additions will be less than 75 feet from bulkhead along Co~y Creek and will reduce both side yards to less than the minimum quired at 10 and 15 feet. The dwelling as exists has noncon- forming -side yards, and the lot area and width are also noncon- forming in this R-40 Zone Dis- trier. Location of Property: 625 Windy Point Lane (Private Road #12), Southold, NY; County Tax Map Parcel 1000-87-4-7. ~ 7:40 p.m. Appl. No. 398~ BARRY AND BEVERLY . LEHR. Variance to the Zoning Ordinance, Article 111, Section 100-30.2A for approval of the ;~ location of accessory building _~'~.lOcated. in an area other than the required rear yard and located within 75 feet of the bnikhead.~e along Goose Creek (a/k/a West Creek). Lot is nonconforming as to lot area and width in this R-40 Zone District. Location of Pro- perry: 15 Sun Lane, Southold; also referred to as Lots 1 & 2 on the Subdivision map of'"West Creek Development" filed July 6, 1937 as County File No. 1236. County Tax Map Parcel ID No. 1000-76-1-1. 7:45 p.m. Appl. No. 3988-- ANTONIO VANGI. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 and Ar- ticle XXIII, Section 100-239.4, for nermission to construct garage addition with a setback of less than 100 feet from the top of the bluff along the Long Island Sound and with side ~ards at less than the requited 15 feet and 20 feet. The dwelling as exists is nonconforming as to total sideyards, and the lot area and width are nonconforming in this R-40 Zone District. Loca- tion of Property: 645 Glen Court, Cutchogue, NY; Vista Bluff Map No. 5060, LOt #1; County Tax Map Parcel ID No. 1000-83-1-7. 7:55 p.m. Appl. No. 3987-- H&S ASSOCIATES by Sanford Friemann. Variance to the Zon- ing Ordinance, .Article X, Sec- tion 100-102 (Bulk Schedule) for approval of insufficient frontage (lot width) (as exists) along the Main Road of proposed Lot #3 and for approval of insufficient hit depth of proposed Lot g2, in this pending minor subdivision, and for approval of access an- cording to New York Town Law, Section 280A over a private right-of-way. Zone Districts: B- General Business and Agricul- tural-Couservation. Location of Property:. North Side of Main/..' Road, Cutchogue, NY; County Tax Map Parcel ID No. 1000-102-2-24. Total area: 19.596 8.'05 p.m. AppL No. 3977-- BETTY J. COPIN. Continued from November 1, 1990; 8:15 p.m. AppL No. 3788-- SUN REFINING & MARKET- ING. Variances to the Zoning Ordinance, Article X, Section 100-102: (I) for permission to es- tablish convenience store use in conjunction with and accessory to the existing gasoline station use on this substandard parcel which contains less than 30,000 sq. ft. in lot area; (2) for inter- pretation as to height limitation of accessory (canopy) structure, and (3) for approval of canopy structure in the front yard loca- tion. Location of Property:. Cor- · ncr of the Easterly Side of Fac- tory Avenue and Northerly Side of the Main Road, Mattitock, NY; County Tax Map Parcel ID No. 1000-142-1-27. 8:30 p.m. Appl. No. 3983-- JANET MALONEY. Variance to the Zoning Ordinance, Arti- cle XXIII, Section 100-239.4B for approval of deck within 75 feet of bulkhead along Hog Neck Bay. Lot is nonconform- ing as to lot area in this R-40 Zone District. Location of Pro- perty: 30 West Lake Drive and 2505 Little Peconic Bay Lane, Southold, NY: County Tax M_ap Parcel ID No. 1000-90-I.2.n: Cedar Beach Park Lot No. 1~.5, filed Map No. 90. 8:35 p.m. Appl. NO. 39gl-- PHYLLIS RAYNE BYER. Variance to the Zoning Ordi- nance, Article ill, Section 100-30A(l}, as disapproved, for approval of second dwelling apartment unit, as exists. Build- ing as exists contains two dwell- ing units and retail store in this Limited Business (LB) Zone District. Lot is nonconforming ns to lot area, width and depth. Location of Property:. Coro~ of South Side of Main Road and' the East Side of Bay Avenue, Cutchogue, NY; County Tax Map Parcel ID No. 1000-85- -3-2.1. 8:45 p.m. AppL No. 3973-- JOHN AND ROSE MILAZZO. Variances to the Zoning Ordi- nance, Article XXIII, Section 100-239.4 [a/k/a 100-239d(B)] and Article XXIV, Section 100-244B for permission to .locate addition and reconstruc- tion of dwelling structure with setbacks: (a) at less than the re- quired 75 feet from the bulk- head, Co) at less than the re- quired minimum 35 ft. rear yard at its closest point, and (c) at less '="than the ~qaired 10 ft. and 15 ft. minimum side yards, (d) at less than the total side yards re- quired minimum of 25 feet. Existing dwelling structure is nonennforming as to the nor- therly side yard, the rear yard, and the setback from the bulk- head. Lot area and width is non- conforming in this R-40 Zone District. Location of Property: 9 Island View Lane, Greenport, · NY; County Tax Map Pamel ID No. 1000-$7-2-20. 8:55 p.m. Appl. No. 3955-- DOMINICK SBLENDIDO & A. AURICCHIO. Interpretation requested regarding second kit- chen facilities and/ts relation to single-family versus two-family uses, and a var/ance for addition with an insufficient frontyard setback. 185 Inlet Lane, Green- port. Continued from Novem- ber 1, 1990. :,' 9:15 p.m. Appl. No. 3975-- ARTHUR G. CARLSON. Interpretation and Variance to the Zoning Ordinance, Article ,III, Section 100-30 (as disap- proved by the Building Inspec- tor) for permission to accept delivery of shellfish from local waters, to shuck the shellfish, and to deliver or ship the scal- saledmnbemm. SenBel~m~ 4 I coad~ to be ~diw~ed fro, off. Zone ~ Al~'ultuml. Soethold, N~. Comfy '1~ Mae q Pau~qNo. ~13~C~ ~:- ~f~l.l~ t: ~.~ ~A~ at ~-I s~ m~in~hofthe ~ a~ ~ Wfit~ ~- 'men~ ~ aim ~ mb~tt~ ~or m ~ ~nc~ of ~e subj~ ~ ~h h~ will not ~ ~fom the t~e ~- Im~. ~ ~me for ~ P~ ~ ~ a~bl~ if n~. ~ mo~ info~tion, pl~ ~ 765-1~. Dasd: ~ 9, I~. ~ ~ ORDER*OF T~ ~OLD ~WN ~ OF APP~ GE~ P. GOEHRINGER C~IRMAN By Linda K~ki ~X, n~S/~ (~0) COUNTY OF SUFFOLK STATE OF NEW YORK 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 Cour~ty; 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 successive!y, commencing on the .................. day of ' ?.~.~.., 19 ~...~. Sworn to before me this ..................... day of ............ · ~~ .... ~9 ~... Notary Public BAR~RR k ~CI~tEII~I NOTARY PUBUO, ~.d ~ ~ No. 48068dig (~ualified iff SuffQIk Commi.ion ~,~,., ~/¢~ NOTICE OF HEARINGS NOTI~i=~S..R-FsR EH y GIVEN Imrsumt to Section 267 of the ToM · - Law end the Code of the Town~ Southold, the followin8 hearth will be hdd by the SOUTHOLD TOWN BOARD OF AI~EALS st a Regular Meeting, at the Southold Town Hall, Main Ro~d, Southold, NY 11971, on THURSDAY,~ NOVEMBER 29, i990 at the fol- lowin~ times: : 7:30 p.to. APPl. No, 3972 --~ PETROL STATION LTD. Hearing :35 p.to. Appl. No. 3985 -- BERT AND CATHERINE ~ion 100-239.4B and Axtid~ ~ SecUre 100-~IIB for M~pored cae. ~wo-f6~X over-hanjs (cantilevers). Cheek md wiB _ _t~___ both side yarde to less than the mlnlmqm mlui~d at 10 md 15 feet. Tbe dw. llina as ezim has nmomfet~nlng side yards, and _c~ in thls R-40 Zone Dis- trict. Location of Property: 625 ] W'mdy Point Lane (Private Road / #12), South~l, NY; Com~ Tax Man/ Patcd 1000-87-4-7.~,~ 7:40 p.m, AppL No. 3986 -- llARRY AND llEVBRLY LEHR. Variance to the Zoning Ordinance, Article IH, Section 100-30.2A for ;.~,,,,,,al of the locedea of accestoU building located in an area other than the required rear yard and ~o~,__-~ within 75 feet of the Imlk- head alct~ Come Creek (a~Ja West Creek). Lot is noncmffonnin8 as to 1~1 area and width in this R-40 Z~e District. Location of Property: 15 store use in co~junction with and accessory to the exislins psolhel stalion utc on thls $ubetanderd par- cel vAM~ cmtaim ksJ than ~)D00 sq. ft. in Jot ama; (2) fo~ intml~m- ~ (cane~) stmcm~ and (a) for front yard location. Location of Property: Comer of the Easterly Side of Factor~ Avenue and Noflhezly Side of the Main Roed, M~tttituck, NY; County Tax Map Parcel ID No. 1000-142-1-:27. 8:30 p.to. AppL No. 3983 w JANET MALONEY. Variance to the Zonin8 Ordinance. A~icle XXI~ Tax Map Parcel ID Ne~ 1000-1{~-.2- fe~. Bxiating dwellin8 stmctom ia 24. Total a~a: 19.596 ac~L noaceafmming as to the nmlbefly 8:05 p.m. App1. No. 3977 w ' '~ fideyard, ~mar y~d, anddm set- BI~I-IY I. COPIN. C~*i"~ed from . beck from the. belkhead. Lot area Noveml~l.1990, ': ~ ' ~-~' andwithhisnmceofoflnin~inthlS 8:15 p~m. Appl. No. 3788 -== "~ R-40 Zone District. Location of SUN ~G & MARKETflqG. - Property: 9 Island View Lane, Vsliances to' the Zeeln~ Ont;~m~,% - Greonport, NY; County Tax Map Aniein X, Sec~n 100-10R: (l~for Parcel ID No. 1(~0-57-2-20. * pennimlce to est~d~h ~xm%~nce "~ 8;55 p.m. AppL No. 3955 --- reed Ju~ 6, 1937 as County File No. 1236. County Tax Map Parcel ID No. 1000-76-1.1. ' ' ?:.45 p,to. AppL No. 3988 -- ANTONIO VANGL Vu4ance to the Zoning Ordinance, Article XXIV, Se~m 100-244 and Ardde XXllI, Seclia~' 100-239.4, fo~ pesmission to top of the bluff along the Long DOMINICK SBLENDIDO & A. AURICCHIO. Xnterpretation requested re.din8 secmd kitchea facilities md its relation to single- ciera fmmyard totbeck. 185 Inlet Lane, G~enpo~. Continued from November I, 1990. ~1~ 9k15 p.m. Appl. ~RTHUR O. CARLSON. kte~p~t~tina and Variance to the llon 100-30 (as disapproved by the Building Inspector) for permission to ~ delive~j of shellfish from Sun Lane, South~d; sim tefen~d to " Section 100-239,4B for approval of and to deliver or ship the sc~Heps ts Lots l & 2 on the Subdivision , deck within 75 feet of belkhend , ~and/m'~mahesforwholesakdistri. map of "West Cttek Develo~mmt" ~O along Hog Neck Bay. Lot is ne~- tmtion. Scallaps and c(mches to be e~: 30 West take Drive nd ~ mral-C~me~at!on {AC) Location ~L Little Peconic Bay Lane, Somhold, ' of Property: 1S75 Lower ROad, NY; County Tax Map Parcel ID No. ,- ScamPI, NY; Camry Tax Map Par- ~i 1000-90-1-25; Cedar Bench Park~/ ~ orl No. 1000-69-5-13.2. Contlnord LotNo.125, fded Map No. 90. ~,t. *'~f~atNo~emberl, 1990. '7~'~ , .~ 8~35 p.to. AppL No. 3~81 -=,- ~/ The Bo~d of AM~tls wilJ at said PHYLL~ RAYNE BYER, Variance :tinm and lilac~ hear any aed aB per. Seaion 100-30A(I), as dls-t,~,,~d, . ' beard in each of the abeve martell axisu} dong the Main Roed ~' pm- ..~.~.'~XXIV, 8eelion 100-244B for pe~- ? .IMsed ~ #3 and for apical'al of :~'~.. mission Io lo, ate edditimt md imu~fictmt lot depth of ~ Lat -~ '!~ c, oast ruction of dwelling stmctoro g2, in this pendin8 toinor sub- !:~.:~ with Setbacks: (a) at kss than divisiim, md for .~..~al of t~-._ _. uequked 75 feet titan the bulltheadj~V ! according to New Y~d~ Town Law, ~',~.(b) at less than the mlulred toini-' way. Z~e Districts: B-Ome~ ~. point, Iud (c) at leas ~hon the bland Sound and with side yards s~ for approval of secofld dwelling feel The dwelling as exists is n~- ': exists coat. ins two dwelling unit~ subject he~ting. Eech hearing wilt ,1 ~.~om~n~ ns to to~al sideyards, and md ~ ~ in this Limited Burl- not man befme the time allotted. the lot a ' ' - · ~ ness 0-B) Zme Dimict. Lm is non- ~ ~, Additional titoe for your pre- Om~ Cutdm~e, NY; Vista Bluff of Sonth Side of Main Rind aed the ~ 765-1809. · Map No. $0~0. Lot#1;ComtyT~ ~?East Side of llay Avenue, ~'i'Datod:No~mberg, lg~O.< :MapPa~elIDNo. 1000-83-1-7..'. Cutchogue0NY;CoontyTaxtoap ~. / BYORDE~OFTHESOU'I~OED~. "~, ?:55 p.m. Alii. No. 3g~7 -- H & l'~, ~.1 ID No. 1000-85-3-Z L S ASSOCIATES by SLvford Fr~e- 8:,45 p.to. Appl. No 3973 -- ~ - GERAR~ P. GOEHRINGER . mann. Variance to the Zoning Ordi-~/' ', JOHI~/ AND ROSE MILA770. .~. nance, Artlcle X, Section 100-102 ~..~ ~...Vafiances to the Zming Ordinance, (Bulk.SchcdulO fo~ ~,q,,,,val of in- :~;,~d~rilcle XXlll, Section 100-230.4 - sufficient frontage 0ct width) {as '~"'*~[a/k/a 100-239d(B)J nd ArlicJe STATE OF NEW YORK} ) SS: COUNTY OF SUFFOLK) Sharon Rock of Mattituck, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck, in the Town of Southold, County Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks. successively, commencing on the 15 day November 1990 Principal Clerk Sworn to me this APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hail. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 October 31, 1990 Mr. and Mrs. Herbert Lindtveit 634 Adams Place West Hempstead, NY 11552 Re: Appl. No. 3985 - Variances for Additions Dear Mr. and Mrs. Lindtveit: This letter will acknowledge receipt of your application for a variance and confirm that the Board Members will be individually conducting field inspections and reviews as may be required by state and local laws during the next couple of weeks concerning your application. The public hearing on this application is expected to be held on November 29, 1990 at the Southold Town Hall, Main Road, Southold, and a copy of the notice of hearings as published in the Long Island Traveler-Watchman and the Suffolk Times will be sent to you as confirmation (with the exact time) in the near future, with publichtion in the newspapers by our office at least one week before the hearing. 6~ In the interim, we ask that the outside corners of the ~%~%' proposed cogstruction be flagged, if not already done so. Also~ ~ please furnish two photographs of the flagged areas, as w~ll -~ as that area between the house and the bulkhead for the file. ~ Should you have any questions, please feel free to call. Yours very truly, GERARD p. GOEHRINGER CHAIRMAN By Linda Kowalski JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 $outhold, New York 11971 FAX (516) 765-1823 TELEPHONE (516) 765-1801 To: From: Dated: Re: Southold Town Zoning Board of Appeals Judith T. Terry, Southold Town Clerk October 23, 1990 Zoning Appeal No. 3985 - Herbert & Catherine Lindtveit Attached hereto is Zoning Appeal No. 3985 of Herbert and Catherine Lindtveit for a variance. Also included is a diagram of the property and buildings; copy of deed; Notice of Disapproval from the Building Department, dated October 12, 1990; ZBA Questionnaire form; Short Environmental Assessment Form; Notice to Adjacent Property Owners; and surveys. Judith T. Terry Southold Town Clerk Appemliw Slale Envirenmental Quality Review SHORT ENVIRONMENTAL ASSESS~IEHT FO~ For UNLISTED AC~ONS Only PART ~--PROJECT INFORMATION (To be comp; etedt, by A0~lic3nt o~ Project s~on~or) S2QR ASPECT CF THE ACTIOt~I HAVE A CURRENrL¥ VALID PERMIT OR APPROVAL7 1 (Continued on re:/erse side} ih) ~ any guest£on has been a (C) :~ all qUestion~ have been ' 1. WAll PrOject result in a larce 9bysical chance 2. Will there b~ a major chanae ~o an7 unique or ~Yes 3. Will projec~ alter or have a large effect on 4. Will project have a Potentially large, impace on ~Yes ~o $. Will project significantly effect drainage flow ~Yes 7. Will prelect result in a ma]or adverse effect on~¥es 8. Will pro]~ct have a ma~or effect on Visual char- Yes Will project adver=ely imoact any site or Struc:- Will prO,oct have a m~jo= effec~ on eMistinq or . Yes 11. Will Prelect recuit in major craffic problems or 12. Will PrOZac= regularly Cause objectionable odors, 15. Z; there P~lic cOncrovercy COncerning the pro]ect? Z'A ~/75 'q'~ QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached.) B. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? { } Yes ~} No. (If Yes, please attach copy of "conditions" of sale.) C. Are there any proposals to change or alter land contours? { } Yes ~} No e Are there any areas which contain wetland grasses? ~1~9 Are the wetland areas shown on the map submitted with this application? Ne~ Is the property bulkheaded between the wetlands area and the upland building area? ~ If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? ro IS there a depression or sloping elevation near the area of posed construction at or below five feet above mean sea level? ~.~ (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting? ~ If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? ~ If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? ~ o If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel ~e~ %%~ and proposed use ~ ~u~ ~%~e~=e Authori~d Si~natu~re an Date 3/87, ~0/901k § 97-13 WETLANDS § 97-13 TOWN -- The Town of Southold. TRUSTEES -- The Board of Trustee~ of the Town of Southold. [Added 6-54~4 by L.L. No. 6-1984] WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 by L.L. No. 6-1985~ -fC)"~ ~.~' · ~ i ~ DAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with, or which border on, tidal waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters tea maximum depth of five (5) feet, including but .not limited to banks, bogs, salt marsh, swamp~ meadows, fiats or other low lyin~ g 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 the following:, salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel, marshmallow and low march cordgrase; 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 most landward edge of such a tidal wetland. FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 24, Ti- fie 1, § 24-0107, Subdivisions l(a) to l(d) inclusive, of the Environmental Conservation Law of the State of New York; and (2) All land immediately adjacent to a *freshwater wet- land," as defined in Subsection B(1) and lying with- in seventy-five (75) feet landward of the most ]and- ward edge of a "freshwater wetland." 9705 2.~.ss Feet ~o xed ~ ;Rita PI~I . , , *,h~~. . , t~ ~el~l, ll'dl K,~mlee~upe~ vbLob, lboPe Il now dlle~l~ tut ¥ per~lem oF the meoond peFt m~wumo SAd o41~0 te'lNky in ~ r! ro SIA1E OF NI-W C¢~lnly oI Suffolk I, f:I )WA[ll) I'. ROM^INf-~, (;I.~ k of II~o (;~nly of Sl~ffolk nmi CImk el New Yo~k in ~ml for ~i~1 Cot n~ly (~id Cotn l beinq a Cou~l el [leco~dI DO I IEREB~ CEll I IFY Ih~l Deed Llber _-~--- Pg' _ of Ihn whole thereof. ........... . ....................... SEE EEy I~V A-C s R~80, A-C AA Southold Town Board of Appeals -7- October 16, 1975 On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED, Shirley Wexler, Beach Court, Gardiners Bay Estates, Lots 161-166, be GRANTED. permission to maintain accessory tower of over 1~ feet in height located on the south side of Beach Court (Private Road), East Marion, New York, Map of Gardiners Bay Estates, Lots 161-~66, as applied for. Subject to approval of The Suffolk County Planning Commission. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. PUBLIC HEARING: Appeal No. 2085 8:10 P.M. (E.D.S.T.) upon application of Herbert and Catharine Lindtveit, 634 Adams Place, West Hempstead, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory building in front yard area. Location of property: Private Road No. 2, south side Bay View Road, Southold, bounded on the north by H. Isles; east by Corey Creek; south by C. Burst; west by Private Road No. 12. Fee paid $15.00. The Chairman opened the hearing by reading the applica- tion for a variance, legal notice of hearing; affidavits attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIRMAN: The application is accompanied by a sketch indicating that the house is close to Corey Creek and the access is over a private road which measures 65 feet and is the width of the lot to the north which borders on Private Road No. 12. The property has a depth of 143 feet on the easterly side, 160 feet on the westerly side, and approximately 63 feet on Corey Creek. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. HERBERT LINDTVEIT: I am the applicant. THE CHAIRMAN: This is a very eloquent presentation. I have never read an application that expresses the problem as well as this.., the problem of accessory buildings and legal front yards. MR. LINDTVEIT: People who own beachfront property consider the side of the property that faces the wateD the front yard. The tide sometimes floods the rear yard. Accessory buildings on the water would block the view. Southold Town Board of Appeals -8- October 16, 1975 THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that applicant requests permission to construct accessory building in front yard area on property located on the south side of Bay View Road, Southold. The findings of the Board are that this is a reasonable request because of the risk of flooding of the rear yard. The Board agrees with the reasoning of the applicant and compliments the applicant on his eloquent presentation of the problems concerning people who own property on the water. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of ~he Ordinance. On motion by Mr. Grigonis, seconded by Mr. Hulse, it was RESOLVED, Herbert and Catharine Lindtveit, 634 Adams Place, West Hempstead, New York be GRANTED permission to construct accessory building in front yard area of property located on the south side of Bay View Road, Southold, New York, as applied for. The accessQry building to be located on the property as indicated on applicant's sketch (in file). Subject to Suffolk County Pla~ing Commission approval. · Vote of the Board: Ayes.- Messrs: Gillispie, Bergen, Grigonis, Hulse. There were three sign renewals reviewed and approved as submitted. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals set 7:30 P.M. (E.S.T.), Thursday, November 6, 1975, at the Southold TOWn Board of Appeals ~-~-~,/'./~.~<~.~-~ SOUTHOLD, gl., N.Y. 11971 MAIN ROAD ' STATE ROAD 25 P.O. BOX 1{1.79 CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI ACTION OF THE BOARD OF APPEALS JAMES DINIZ[O, JR. Appl. No. 3865 Matter of CHARLES AND CAROL BURST. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, as disapproved, for permission to construct addition with insufficient side and rear yard setbacks in this R-40 Zone District. Property Location: 705 Windy Point'Road, County Map District 1000, Section 87, Block 4, Lot 6. WHEREAS, a public hearing was held and concluded on September 21, 1989 in the matter of CHARLES AND CAROL BURST. under Appeal No. 3865; 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 of Bayview Road, Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 87, Block 4, Lot 6. 2. This is an application for Variances from the Zoning Code Article III A, Section 100-30 A.3, for permission to construct an addition with insufficient side and rear yard setbacks. P~ge 2 - Appl. No. 3865 Matter of CHARLES AND CAROL BURST Decision rendered October 4, 1989 3. Article III A, Section 100-30 A.3, 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 of the Parking Schedule, with the same force and effect as if such regulations were set forth hearin in full. 4. The subject premises on the northeast side of the house will be 7+- feet from the property line, there is approximately .21 acreage at this location. 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 the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (c) that in carefully considering the record and all the above factors the interests of justice will be served by granting the variance, as applied conditionally noted below. Accordingly, on motion by Mr. Grigonis, Seconded by Mr. Goehringer, it was RESOLVED, to GRANT a Variance in the matter of the application of CHARLES AND CAROL BURST as applied under Appeal No. 3865 for approval of a addition with insufficient side and rear yard setbacks, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That on the northeast side that the bushes be trimmed back to 7 feet so to remain open and unobstructed, of a height of minimum of 10 feet, for fire apparatus or other emergency vehicles to have access around the house. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Sawicki and Dinizio. This resolution was duly adopted. df ~ GEP~ Po GO~.HRINGE~ CH~IRI~ EIAYVIEW ~TA~ oF NEW YORK COUNTY - SUFFOLK -TOW~ OF SOuTHOLD SWIS - ~7388q 0 S S R E F E R E N C E L I S T P A R C E L~ D E~i ¥ ~-[ C A-t'-~'b-N S E'QU~ Y CK PARCEL ID R DG N A M E 1988 LAND .... 87. 87.-3-3~ 87.-3-36 87.-3-38 87. - 3-~+ 0 87. -3-42 87. -3-44 87. -3-46 87. -3-48 87.-S-50 87.-3-5Z 87. -3-53 87. -3-55 87. -3-57 87.-~-5q 87. 87. -3-65 ~~66 87. -3-69 87.-4-4 C QO 8ARES JOHN & DIANE 800 C RH KELLY THOMAS J 1,000 C-SA'MCGREGOR WARREN M --'1;200 C ST TIS80 MICHAEL C & 1,100 1, &, C TM COLLINS WALTER C & WF 800 C UF HUMBURG WILLIAM R & WF 800 C UY STIBER SEYMOUR--& WF 1,700 C VR 80RKOWSKI DOLORES lw700 6, C-WK--BAUM'"CA~L~E '~ WF ............ 1~100 ), C QN KUSTES JEAN S 1,700 5, C R~Er~-N~-~J-O-H~--~ 1,TOO &, C RZ ERICKSON WALTER JR 1,300 3, C SS VANDERBECK FE~'E' Z.&O0 C TL PRIETO RICHARD R 2.300 C-UE--PRIETO'RICH~D~-~-~ ........ 800 C UX PRIETO DOLORES 700 C WJ PALASCIANO MASSIMO J & 1~00 6, C XC EICH~ER NILDR~D A 900 C RF GEFFORD J ROYA~ ~ WF 1,100 C RY LAGUAROIA ANTHONY & WF 1~100 4, C SR RAFKIN IRVI~-'~ WF 1~300 C TK YARO OTTO & ~F Z~lO0 C UO-~OH~A~-C[-~-~ ANO 900 C U~ HA~KINS SARA L & ANO 1~100 C-'VP'VA~DERBE~-ILLARD ~ ............ 1;100 C WI LOHN PATRICK W & ANO 1~000 C XB GRUMPER FRANK J & 1,000 C XU VANDERBECK W K 1~000 C RX LAU~~'~ROP~ 100 C SQ YARO OTTO & WF ~000 C""T~'~~~SE ......... ;00 C UC MOYLE J LOUISE 1~00 ~ UV TOfF SOUTHO~D C VO LAUGH;NG WATER PROPERT 100 C WH LAUG~i-~A~;RS~R~P~ 100 C XA LAUGHING WATERS PROPER 100 C YM LAUGHING WATERS PROPER C PY GAZZOLA LESLEE~ ORS 900 C PV GUTZERREZ JOSEPH JR ~ 2~200 C Q~-U~G~T~UDE' ~00 C RH BOGER WILLIAM M 1~300 C SA ~'G~-~O~ERT-~ ~'~00 C ST BURST CHARLES A & CARO 900 ~ ~ CINDTV~-~ER~E~"~ ~ 900 C UF LINDTVE[T CATHE~[N~.~I,000 C PS LUDECKEE DOROTHY F 600 F~GE TOT-A~.S - 51--P-A RC 4.4 S UR VE r OF PR TY A T ~ 1~-'4~W' TOWN SUFFOLK C~JNTY, N. Y. 1ooo - ~7 - 04; - o7 Sept. I~, ~:/' NOTE: Property within, FIo~d A4 eL ~ A REA =, I0, ~88#q. ft.. N Y.$. LIC. NO. § 10~3 SOUTHOLD CODE § 100-244 § 100-243. Nonconforming buildings with nonconforming use~ A. A nonconforming building containing a nonconforming use shall not be enlarged, reconstructed or structurally altered or moved unless the use of such building is changed to a conforming use. B. A nonconforming building containing a nonconforming use which has been damaged by fire or other causes to the extent~ of more than fifty percent (50%) of its fair value shall not be: repaired or rebuilt unless the use of such building is changed' to a conforming use. § 100-244. Nonconforming Io~. A. This subsection is intended to provide minimum standards for granting of a building permit for lots made nonconforming or continued in a state of nonconformance by the adoption of this Article and that were singly and separately owned as of the effective date of this Article. B. A nonconforming lot separately owned and not adj~)ining any lot or land in the same ownership at the effective c~ate of this Article and not adjoining any lot or land in the same ownership at any time subsequent to such date ma~y be used, or a building or structure may be erected on such lot for use, in accordance with all the other applicable previsions of this chapter, provided that proof of such separate ownership is submitted in the form of an abstract of title showing the changes of title to said lot, which abstract shall be i~ the usual form, shall be certified by an attorney or a company regularly doing such work in Suffolk County or by a corporation duly licensed to examine and ensure title to real property in Suffolk County and shall contain a certification that no contiguous property was owned by an owner of the property involved since the date of any previously applicable Zoning Law. Such lot shall be granted relief for front side and rear yard dimensions as follows: 10144 2.25- ss § 100-244~ ZONING / ~ 100-250 Lot yard Area Width Depth Front Side Both Sides Boar (square feet) Coverage (feet) (feet) (feet) (feet) (fee0 (feet) 20,000 20% 120 140 40 15 35 50 to 40. C. In the case of single and separate ownership of a nonconform- ing lot located in a subdivision plat, approved after April 9, 1957, by the Planning Board of the Town of Southold and filed with the County Clerk of Suffolk County, relief for all front, side and rear yard and area dimensions shall be granted to the extent that such front, side and rear yard and area dimensions were required at the time the map was originally fi~ed with the County Clerk of Suffolk County. § 100-245. Repairs and maintenance. Notwithstanding any of the foregoing regulations, nothing in this Article shall be deemed to prevent normal maintenance and repair of any building or the carrying out upon the issuance of a building permit of major structural alterations or demolitions necessary in the interest of public safety. § 100-246. Involuntary movee~ Sections 100-241A and B and § 100~243A herein are not i ~ended to apply to involuntary movements of uses or structures as a rosult of condemnation actions or other litigation. ARTICLE XXV Site Plan Approval [Added 1-10-89 by L.L. No. 1-1989; amended 5-23-89 by L.L. No. 9-1989] § 100-250. Applicability. This Article shall apply to every land use that is permitted in the Town of Southold except the single-family home use on a single and 10145 7- 25- 89 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of Herbert & Catherine Lindtveit totheBoardofAp~'~1¥~'~theTownofSouthold TO: Board Of Appeals Southold, ~.Y. NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Th~ intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (~Varianc~(Special Exception) (Special Permit) (Other) [circle choice] ~ ). 2. That the property which is the subject of the Petition is located adiacent to your property and is des- cribed as follows: 625 Win~.v Pt. Lane, $0uthol~, Suffolk Co. Tax Map: Dist. 1000, Sec. 87, Block 4, Lot That the property which is the sub~c_t4o~ such Petition is located in the following zoning district: 4 Tba~ h~ such Petition, the undersigned will request the following relief: variance frol si~e am~ rear yar~ setback requirments. 5. That the provisions of the Southold Town Zoniog Code apolicable to the relief sought by the u~n~de~- signed are Article XX1V Section 100-2q~B, Article XXVlll, Sec.100-23~., B [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way] 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 7~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island 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. 10-22-90 Dated: Herbert & Catherine Llndtveit Petitioner Owners ' Nam&s: Post Office Address Same as above. 634 Adams Pl. West Hempstea~. N.Y.~ ~552 Tel. No. ( 516 ) 481-5764 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS Charles & Carol Burst ? Chatham Place, Dlx Rills, N.Y. 11746 Robert and Geraldine Yee 94.233 Awiwi Place, Mllilani, Hawaii, 96789 P 271 446 876 RECEIPT FOR CERTIFIED MAIL (See Reverse) STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: ~)~.~ ~( ~ ~ //.~ , being duly sworn, deposes and says [hat on ~he ~ day of ~/~ / , 19 ~ , deponent mailed a ~rue copy of ~he Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their r~pective names; that the addresses set opposite the names of said persons are the addresse~ of said persons as shown on the curre~s~sment roll of the Town of Somhold; ~ha~ said Nodc~ were mailed a~ the United S~ates Post'Of- fice a~ ~~ ( ~ ; [hat said No, ices were mailed ~o each of said persons by (certified) (r~ail. Sworn to before me..l]'d.S~:~ ~ ~ Notary Public (This side does not have to be completed on form transmitted to--adjoining property owners.) ADD T D NT Y IT, r 411 O~d do ~--r~