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HomeMy WebLinkAbout3937 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 ACTION OF THE ~OARD OF APPEALS Appl. No. 3937 Matter of PATRICK LOHN. Variance to the zoning Ordinance, article XXIII, Section 100-239.4 B, for permission to construct a deck. Proposed construction will be less than 75 ft. from the bulkhead. Property Location: 2480 Minnehana Boulevard, Southold, county Tax Map No. 1000, Section 87, Block 3, Lot 57. WHEREAS, a public hearing was held and concluded on April 19, 1990 in the matter of the Application of PATRICK LOHN, under Appeal No. 3937; 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 east side of Minnehana Boulevard, Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 87, Block 3, Lot 57. 2. This is an application for Variances from the Zoning Code Article XXIII, Section 100-239.4 B, for permission to construct a deck. Proposed construction will be within 75 ft. from the bulkhead. Page 2 - Appl. No. 3937 Matter of PATRICK LO}tN Decision rendered May 30, 1990 3. Article XXIII, Section 100-239.4 B, Ail buildings located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which are adjacent to tidal water bodies other than sounds shall be set back not less than seventy-five (75) feet from the bulkhead. 4. The subject premises is vacant land with the exception of a accessory shed decision rendered July 6, 1977 under Appl. No. 2311. 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 deck in any other location on the premises will require other variance relief; (c) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (d) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance, as applied conditionally noted below. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Goehringer, it was RESOLVED, to GRANT the Variance in the matter of the application of PATRICK LOHN as applied under Appeal No. 3937, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the approximately 13 X 25 deck not be elevated more than 12 inches from the bulkhead an remain unroofed, together with 5 X 12 deck extending perpendicular from proposed deck. 2. That the storage shed maintain the conditions as stated in the decision dated July 7, 1977 under Appeal No. 2311. Page 3 - Appl. No. 3937 Matter of PATRICK LOHN Decision rendered May 30 Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Sawicki and Dinizio (Absent Charles Grigonis). This resolution was duly adopted. df GERARD P. GOEHRINGER, CHAIRMAN i~ECEIVED AND FILED BY THE SOUTI{OLD TOWN DATE ~o/~ I TA,/vn Clerk, ,o;~vn of 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 SCOFF L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 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, MAY 15, 1990, at the following times: 7:30 p.m. Appl. No. 3940 - HAROLD AND SARA TAUBIN. Variance to the Zoning Ordinance, Article III A, Section 100-30A.4 (100-33) for permission to construct an accessory building in frontyard area. Accessory buildings may be located in the required rear yard. Property Location 625 Terry Lane, Southold, County Tax Map No. 1000, Section 65, Block 1, Lot.23. Page 2 - Notice of Hearings ~outhold Town Board of Appeals Regular Meeting of May 15, 1990 77:35 P'm' Appl' N°' 3937 - PATRICK LOHI~' Variance t° the~ oning Ordinance, Article XXIII, Section 100-239.4 B, for / ermission to construct a deck. Proposed construction will be ess than 75 ft. from the bulkhead. Property Location: 2480 ~ innehana Boulevard, Southold, County Tax Map No. 1000, Section Block 3, Lot 57. / 7:40 p.m. Appl. No. 3935 - JCM SALES AND LEASING. Variance to the Zoning Ordinance, Article XXIII, Section 239.4, for permission to construct an accessory deck, proposed construction will be less than 100 ft. from the top of the bluff. Property Location: 62825 North Road, Greenport, County Tax Map No. 1000, Section 40 Block 01, Lot 11.1. 7:45 p.m. Appl. No. 3934 - JOYLON STERN. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 A(1), for permission to construct addition to one family dwelling. ~Proposed construction will be less than 100 ft. from the toB of the bluff. Property Location: 63035 County Road 48, Greenport, County Tax Map No. 1000, Section 40, Block 01, Lot 13. ~age 3 - Notice of Hearings ~outhold Town Board Regular Meeting of May 15, 1990 7:50 p.m. Appl. No. 3933 - PAMELA VALENTINE. Variance to the Zoning Ordinance, Article XXIII, Section 100-231 A, for permission to construct an 8 ft. fence in front yard area. Fence in the front yard area not to exceed 4..ft. in height. Property Location: 34655 Main Road, Orient, County Tax Map No. 1000, Section 019, Block 01, Lot 5 & 6. 7:55 p.m. Appl. No. 3936 - LUCAS FORD. Special Exception to the Zoning Ordinance, Article III, Section 100-31 C.9 [E), for permission to install an off-premises sign. Property Location: 43600 County Road 948, Southold, County Tax Map No. 1000, Section 063, Block 01, Lot 1.6. 8:00 p.m. Appl. No. 3943 - GREG'S SEAFOOD DOCK & MARKETING, INC. Special Exception to the Zoning Ordinance, Article III A, Section 100-30 A.2 C(1) (100-31C), for permission to construct an off-premises sign. -use in this district. Sound Road, Greenport, Block 1, lot 8. Off-premises signs are not a permitted Property Location: 69435 Route 48 & 55 County Tax Map No. 1000, Section 35, Page 4 - Notice of Hearings S~uthold Town Board of Appeals Regular Meeting May 15, 1990 8:05 p.m. Appl. No. 3945 - BIDWELL WINERIES. Variance to the Zoning Ordinance, Article III, Section 100-30, for permission to set up a temporary tent for cultural events. Proposed tent doesn't address this condition in A-C Zone District. Property Location: 18910 County ~48, Cutchogue, County Tax Map No. 1000, Section 096, Block 04, Lot 4.3. 8:10 p.m. Appl. No. Exception to the Zoning Ordinance, Article III, for permission to have an accessory apartment. Location: 4300 Stillwater Avenue, Cutchogue, 1000, Section 137, Block 2, Lot 21. 3929 - VINCENT ANNABEL. Special Section 100-31, Property County Tax Map No. 8:15 p.m. Appl. No. 3932 - MATHIAS AND MAUREEN MONE. Variance to the Zoning Ordinance, Article XXII, Section 100-239.4 A, for permission to construct a swimming pool, Proposed construction will be within 100 ft. of Long Island Sound. Property Location: 2830 Grandview Drive, Orient, County Tax Map No. 1000, Section 014, Block 02, lot 3.5. Page 5 - Notice of Hearings ~outhold Town Board of Appeals Re.gular Meeting of May 15, 1990 8:20 p.m. Appl. No. 3939 - GEORGE SC~INEIDER. Variance to the Zoning Ordinance, Article III, Section 100-32, for permission to construct a one family dwelling, Bulk, Area and Parking Regulations and insufficient sideyar~ setback. Property Location: 800 Sterling Road, Cutchogue, County Tax Map No. 1000, Section 104, Block 01, Lot 29. 8:25 p.m. Appl. No. 3932 - ROBERT GREDICK. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3, Article IIIA, Section 100-30A.4 (100-33), for permission to construct addition to dwelling and accessory garage in front yard area. Proposed construction will have insufficient front yard setback and accessory buildings may be located in the required rear yard. Property Location: 7825 Nassau Point Road & Clearwater Lane, Cutchogue, County Tax Map No. 1000, Section 118, Block 04, Lot 06. 8:30 p.m. Appl. No. 3931 - JOSEPH SHIPMAN. Variance t~ the Zoning Ordinance, Article X, Section 100-102, for permission to institute a second business, Bulk, Area and Parking Requirements. Property contains less than required business area. Property Location: 6619 Main Road, Laurel, County Tax Map No. 1000, Section 125, Block 01, Lot 19.7. ~age 6 - Notice of Hearings S~uthold Town Board of Appeals Regular Meeting of May 15, 1990 8:35 p.m. Appl. No. 3942 - DAVID & ~kRY ANN CREATO. Variance to the Zoning Ordinance, Article III, Section 100-31 (A) 1, for permission to have a second dwelling, only (1) family dwelling permitted on each lot. Property Location: 3539 (ROW) Cox Neck Road, Mattituck, County Tax Map No. 1000, Section 106, Block 08, Lot 51. 8:40 p.m. Appl. No. 3941 - CONSTANTINE GEORGIPOULOS. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3, for permission to construct a one family dwelling. Proposed construction will have insufficient front yard setback. Property Location: 1300 Lake Drive, Southold, County Tax Map No. 1000, Section 59, Block 1, Lot 21.6 & 21.7. 8:45 p.m. Appl. No. 3911 - WALTER RAFFERTY. Variance to the Zoning Ordinance, Article XXIV, Section 241A, (Article XXVII, Section 100-281 (3), as disapproved, for permission to construct additions and alterations to garage with apartment. Garage living quarters has been dormant long enough to loose its non-conforming status and the use there of. Property Location: East End Road, Fishers Island, County Tax Map No. 1000, Section 03, Block 07, Lot 05. Page 7 - Notice of Hearings Southold Town Board of Appeals Regular Meeting May 15, 1990 8:50 p.m. Appl. No. 3938 - VILLAGE MARINE. Variance to the Zoning Ordinance, Article XII, Section 100-112, Article XII, Section 100-111(C)1, Article XXIII, Section .239.4, for permission to enlarge preexisting marina building and install boat rack (outside). Property Location: 175 Bay Avenue, Mattituck, County Tax Map No. 1000, Section 122, Block 03, Lot 15.1. 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 presentation will be available, if needed. For more information, Please call 765-1809. Dated May 8, 1990 for your BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRM3%N by Doreen Ferwerda FORM NO. 3 TOWN OF SOUTIIOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD. N.Y. NOTICE OF DISAPPROVAL Date /.~.e? .~. ~..~. . . . ~./,.& ~. ~. . . . ~. ~. .~. .~. . . .... ~~~..~,~..,~, ~ .. ~ .... .~.~..~ .~ . PLEASE TAKE NOTICE that your application dated ~ ~ / /~ ..... ~or~,,~o ~~.~.~~~ ..... ~ ....... co~. r~ ~. ~o. ,00o s~io~ ........ ~.. ~,o~k ...... ~ ..... ~o~ ... ~7 ..... Subdivision ................. Filed Map No ................. Lot No ........ · ....... · .~~ ;./= ~ .~. ~.. ~ ~...~....~ ~..~.~ .. ~: .... ~.. ~:~~ ....... ..... :..._ .... ~~..~.~..~:.~~..~~ ?.~.. ..... . .... : ................. ~..~ .................. .~.:.~.: .... ~~..~.~~~..~...~ · -~~.~.*.zz. ~ ..... e~./zz ....... i; .... Rv 1/80 APR - 2 1990 q)llCilV ED TOWN OF SOUTHOLD, NEW YORK ON U% , ,NSPECTOR Soullmld Tewn TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 2480 1, (We) . ...P..A.~..C~.....W..-.....Lg....H~.. ..................... of .....M..i...n~...e.~...B..1..v..d... ........................................... Name of Appellant Street and Number Southold New York. ........................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...... .0. ~ /. .2. .2. /. .9. .0. ................................ WHEREBY THE BUILDING INSPECTOR DENIED TO ~x) ( ) ( ) PATRICK W. LOHN Name of Applicant for permit Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY ]. LOCATION OF THE PROPERTY ..~..i:..~..~.a...,B,.1,y..~..;~,...S..o..g..t~,..o.,1,,~.,../,..,~.:?,4,.0, ................................. Street /Hamlet / Use District on Zoning Map District 1000 Section 87 Block 3 Lot 57 ~ - Patrick Lob_n .................................................................................. ~urren~ Owner Map No. Lot No. Prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article ]Q(IIZ Section 100-239.4B 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 lock of access (State of New York Town Low Chap. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( xkrequest for a variance and was made in Appeal No.....2..3..1..1. ..................... Dated ........ .7./...6/..7..7.. ................................................. ( ) (xx) ( ) is requested for the reason that the bulkhead REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance the proposed deck will be located within 75 feet of ~orm ZB! (Continue on other side) 1. STRICT APPLICATION OF THE ORDINANCE would produce procticol diffiCU'[tJ'~.s"0~'Jh~,~'-- '1 sory HARDSHIP because the ~oposed deck and shed ~ould be on Minnehaha Blvd if the 75 foot set back was applied here 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because the property is vacant land and will not have a house erected on it . Applicants are only asking for a deck and storage shed on this parcel. 3. The Variance would observe the spirit of the Ordinance end WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the spirit of the ordinance seeks to prohibit the erection of structures which would have an adverse enviror~ental or aesthetic impact. Applicants proposal for a low profile , light weight swial~Lng platfozm and storage shed would not effect the environment or character of the surrounding area and in fact, would enhance the beauty of the waterfront. STATE Of NEW YORK ) c--~ ~6~.~ ) ss ....... ~-.---....... COUNTY OF SUFFOLK ) Signature Sworn to this ..............................................doy of ............~larch ................................. 19 90 Notary Public SANDRA NOVICK NOTARY PUBLIC, State of New York No. 01N04938373, Suffolk Counly TIrm Exl~r~,; July ~8, 1990 TOWN OF $OUTHOI~D I~"~PERTY RECORD CARD OWNER FOR,MER OWNER IMP. VL ~2'/,3 TOTAL STREET ~ VI LLAGE ' ~ COMM. IND. CB. MISC. LAND AGE NEW Farm Tillable 1 Tillable 2 Tillable SEAS. Woodland Swampland Brushland House Plot;" Total NORMAL Ac re FARM DATE DISTRICT SUB. LOT ACREAGE ./~0 " TYPE OF BUILDING JEst. Mkt. Value BUILDING CONDITION BELOW Value Per Acre ABOVE Value FRONTAGE ON WATER FRONTAGE ON ROAD BULKHEAD ~H ',1 NNEHAHA C O/~'Y CRE'F'K _PLA/X/ Thomas T. cVann, Jr, Atlc~ney at Law June 19, 1990 Post Office Box 827 Westhompton Beach, New York '1'1978 [5'16] 288-6500 Fax Number (5'10) 288-6546 Town of Southold Town Hall 53095 Main Road PO Box 1179 Southold, New York 11971 Attention, Zoning Board of Appeals Re Application No. 3937 Patrick Lohn Gentlemen: This is a formal request for a clarification of the decision rendered in the encaptloned matter. The sketch plan submitted for the deck in question, which the Board had in front of them at the time of the meeting, and specifically discussed, shows a deck with a total dimension of 13 X 25 ( 13 X 14 +5 +6 ). The submitted diagram also shows a small area of deck 12 X 5 on the north side of the shed. The verbal decision upon whloh the Building Department will rely, specifically shows a deck 13 X 14. The verbalization of the submitted diagram is in error as it does not provide for the additional 11 feet ( 5 + 6 ) shown on the submitted diagram nor does it provide for the small 12 X 5 area in front of the shed. I would respectfully request the Board rewrite the description of the permitted deck to comply with the plans submitted to the board, and allow for a 13 x 25 main deck and 5 x 12 deck area with step as shown on both plans reviewed by the Board. With every kind ygurs TTM~sn DEPARTMENT OF PLANNING PATRICK G, HALPIN eUFFOLK COUNTY EXE-'CUTIVE: 360-5206 June 26, 1990 Tova of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the folloving 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(e) Municipal File Number(s) .~pathias & MaureenMone trick Lohn 3932 3937 Very truly yours, Arthur H. Kunz Director of Planning OGN:mb S/s Gerald G. Newman Chief Planner APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD 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 Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: XX Variance from the Zoning Code, ArticleXXII~ SectionlO0-239.4 Variance from Determination Special Exception, Article Special Permit of Southold Town Building , Section B Inspector, Appeal No.: 3837 Applicant: Patrick Lohn Location of Affected Land: 2480 Minnehaha County Tax Map Item No.: 1000- 87-3-57 Within 500 feet of: Town or Village Boundary Line Blvd., Southold, NY XX Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Boundary of Existing or Proposed County, Thruway State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area or Existing or Proposed Right-of Way of Any Stream 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. COMMENTS: Applicant is requesting permission to construct a deck within, 75' of bulkhead Copies of Town Dated: June 21, file and related documents enclosed for your review. 1990 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 May 9, 1990 TO WHOM IT MAY CONCEP~N: The Board of Appeals Regular Meeting will be held on TUESDAY, MAY 15, 1990 not as shown on the Legal Notice - Thursday, May 15, 1990. Very truly yours, Gerard P. Goehrigner, Chairman ZBA/df 'LEGA~ NOTICES FOR May out on or aboqt_ . George Schneider #3939 1990 Meeting - Sent George Schneider, P.O. 1990 Box 1185, CutchOgue,NY 11935 Peter Helinski for Harold Taubin #3940-1570__ Pequash Ave., Cutchogue ~-+ .......... ......... _.___. ..~. ~h Rd.~ VpCOn~r.~.y -~195U for Robert Gredick #392~ Vincent Annabel, 4300 Stillwater AVe. j Cutchogue -~.929SE Ms. Pamela Valentine, 249 West 49th St., New York,NY 10001 for #3933 Richard H. S6haefer, Inc., 117 West Bayberry Rd., Islip, NY 11751 for Mone #]93,2 Joseph Berardino, 37 11797 for JCM Joseph Shipman, 985 Elijahs Lane, Mattituck for #3931 Environment East, 3075 Indian Neck Lane, Peconic,NY 11958 for Stern #3934 Thomas T. McVann, Jr,Esq., P.O. Box 827, Westhampton Beach,NY 11978 for Lohn #3937 Charles Cuddy, Esq., 180 Old Country Rd., Riverhead,NY 11901 for Village Marine 793~ k~homas McCarthy, Pudge ~orp., P.O. Box 1145, Southold,NY 11971 for L~_~ucas~#3802S Land Use Co. 2576 Sound Ave. Baiting Hollow,NY 11933 for Ge?~9_Jc_qj_qp~ Henry Raynor, P.O. Drawer A., Jamesport,NY 11947 for_CE~ajk~.~,~.~¢ Paul Caminiti, Esq., P.O. Box 992, Southold, NY 11971 for G~eg's Sea Food #3943 James V. Righter, 58 Winter St., Boston, MA 02108 fop Raffe~rty #391~_ NH'For Aliano (Pequash #3907 Commons) nry Raynor, P.'O. Drawer A., Jamesport, NY. 11947 ncy Sawastynowicz, 1100 Alvhs Lane, Cutchogue,NY ebi aren J. Hage, Esq., Wickham,Wickham, Gressler, 0.0. · ~ah Doty, Esq., P.O. Box 1181, Cutchogue,NY SAles Avery Rd., Woodbury,NY m & Leasing #3935 11935 Box 1424, 11935 Mattituck 1~. NOTICE IS HEREBy GIVEN, ~P~_m~ant to Section 267 of tba Town Sou~old, ~e [oHow~g h~g w~ ~ held ~ ~e SO~LD Rcguinr Mee~L at ~e ~thold T~ H~], Ma~ Road, 7:30 p.m. AppL No. 3940 HARO~ A~ SARA TAUB~. ~ A~sso~ ~Od~[s may ~out~old. ~unty T~ Map No. ~48~ M~nebahn Boulevard, ~thold, County Tax Map No. ~7:40 p.m. Appl. No. bluff. P~pe~y L~ation: 62825 N~ ~ ~ C~y T~ 7:45 p.m. AppL No. 3~34 ~ing Ordhan~, A~cle S~on 1~-239.4 A(I), for per- family dwelling, P~posed con-. s~i~ will ~ less ~n 1~ it? ~een~n, County ~x Map 7:50 p.m. AppL No. 3~33 ~ PAME~ VA~Ng. Va~nce heisht. ~y ~a~: 3~55 7:55 p.m. AppL No. 3936 ~ LUCAS FO~. S~ ~on ~ L~fi~: 43~ County R~d ~48, S~old, ~unty T~ 8:00 p.m, Appl. No. 3943 -- GREG'S SEAFOOD DOCK & MARKET~rG, ~rC. Speci~ Excep- cie rtl A~q~l~J00-30 A.2 C(1) (100-31C), for ~issi~ to ~. stm~ ~ off-p~mises sign. Off- ~: ~435 R~ 48 & 55 ~d, ~ C~ty T~ ~ N~ I~, ~ 35, BI~ 1 8:05 p.m. Appl. ~o. 394~ ~ · e ~ ~, A~cle ~, ~ I~30, f~ ~ssi~ ~ ~ dross ~is ~dit~ ~ A~ ~e ~s~ ~ffy ~ti~: 18910 ~p No. 1~, ~ ~, BI~ 8;10 p.m. AppL No. 3929 ~ ~de~, ~ I~31, fm ~ ~ ~i~: 43~ ~. Tax Map No. 1~, Secti~ B~21. 8:15 p.m. AppL No. 3~32 ~ MA~IAS AND MAUREEN MONE. Variance to the Zonina 1~ A, ~ ~ssi~ m ~ Coonty Tax Map No, 1000 014, Block 02, Lot 3.5. 8:20 p.m. Appl. No. ~939 GEORGE SCHNEIDER. to the ZoninS Ordinance, Article ~Section 100-32, for permission Bulk, A~ea and and insufficient sideyard setback. Property Location: 800 Stere Road, Cutchogue, Cmml No. 1000, Section 104, Block Lm 29. 8:25 p.m. AppL No. ROBERT GREDICK. the ~ Ordinance, Arficin Section 100-30A.3, Article Section 100-30A.4 (100-33 permission to construct addition u dwelling and accessol~ garage it from yard a~a. Prepe~l cmstruc ~ will have insufficient from selbac~ and. _,~__.~ buildings ma Property Location: 7825 Nassa, Point Road & Clearwater Lane Cutehosue, County Tax Map No 10GO, Sectlon 118, Block 04, L~ 06 8:30 p.m. AppL No. 3931 JOSEPH SIm*MAN. Vadonce to th* Zonin8 Ordinance, ARicle X, Sec- tion 100-102, for penniuion to in. ~tme a tcc~td business, Bulk, Ama ~c(~MP~s ~g Requi~mentJ. Property, m~ Properly t~m: 6619 Main 19.7. DASN~ p.m. Appl. v~u & MARy .4,h'A'l'~nA'~-, Va~on~ ~ ~ ~b* ~'1 ~51. CONST~TINE GEORoIPOU. ,~ 1~- ~' f~ ~is~ m~ a ~ w~ ~ ~ f~t yard setback. ~ · z41A, (&~icle g~ge wi~ a~ ~i~ l~ll~-A~e ecti~ 239.4, for ~iss~ eny ~eation: 175 1~, Se~ 122, Bl~k l~.l 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 TUESDAY, MAY 15, 1990, at the following times: 7:30 p.m. Appl. No. 3940-- HAROLD AND SARA TAU- BIN. Variance to the Zoning Ordinance, Article III A, Sec- ~ tion 100-30A.4 (100-33) for per- mission to construct an acces- sory building in frontyard area. Accessory buildings may be ~'~Property Location 625 Terry Lane, Southold, County Tax Map No. 1000, Section 65, Block I, Lot 23. ' ~ ~ f7:35 p.m. AppL No. 3937-- PATRICK LOHN. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 B, for permission to construct a deck. Proposed construction will be less than 75 ft. from the bulk- head. Property Location: 2480 Minnehana Boulevard, Southuld, County Tax Map No. 1000, Section 87, Block 3, Lot ~ 7:40 p.m. Appl. No. 3935-- JCM SALES AND LEASING. Variance to the Zoning Ordi- nance, XXIII, Article Section 239.4, for permission to con- struct an accessory deck, pro- posed construction will be less than 100 ft. from the top of the bluff. Property Location: 62825 North Road, Greenport, Coun- ty Tax Map No. I000, Section 40 Block 01, Lot IL1. · 7:45 p.m. Appl. No. 3934~ JOYLON STERN. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 A(1), for permission to construct ad- dition to one family dwel!ing. Proposed construction will be less than 100 ft. from the top of the bluff. Property Location: 63035 County Road 48, Green- port, County Tax Map 1000, Section 40, Block 01, Lot 13. 7:50 p.m. Appl. No. 3933-- PAMELA VALENTINE. Vari- ance to the Zoning Ordinance, Article XXIII, Section 100-231A, for permission to construct an 8 ft. fence in front yard area. Fence in the front yard area not to exceed 4 ft. in height. Property Location: 34655 Main Road, Orient, County Tax Map No. 1000, Sec- tion 019, Block 01; t~t 5 & 6. 7:55 p.m. Appl. NO. 3936--- LUCAS FORD. Special Excels& tion We Zoning Ordinance Articl~'Ill, Section 100-31 C.9 (E), for permission to install an off-premises sign. Property Location: 43600 County Road ~48, Southold, County ~ Map No. 1000, Section 063, Block 01, LOt 1.6. 8:00 p.m. Appl. No. 3943-- GREG'S SEAFOOD DOCK & MARKETING, INC. Special Exception to the Zoning Ordi- nance, Article II! A, Section 100-30 A.2 C(I) (100-31C), for permission to construct an off- premises sign. Off-premises signs are not a permitted use in ~his district. Property Location: 69435 Route 48 & 55 Sound Road, Grcenport, County Tax MaP No. 1000, Section 35, Block I Lot 8~ 8:05 p~m~'Appl. N~. 3945' BIDWELL WINERIES. Vari- ance to the Zoning Ordinances.9 Article Ill, Section 100-30, fo]~ permission to set up a tem- porary tent for cultural event~. Proposed tent doesn't address this condition in A-C Zone Dis- trict. Property Location: 18910 County Road 848, Cutehogue, County Lax Map No. 1000, Sec- tion 096, Block 04, Lot 4.3. 8:10 p.m. AppL No. 3929-- VINCENT ANNABEL. Spedai Exception to the Zoning Ordi- nance, Article Ill, Section 100-31, for permission to ~ave an accessory apartment. Pr6per- ty Location: 4300 Stlilwater Ave- nue, Cutchngue, County Lax Map No. 1000, Section 137, Block 2, Lot 21. 8:15 p.m. Appl. No. 3932-- MATHIAS AND MAUREEN MONE. Variance to the Zoning Ordinance, Article XXII, Sec- tion 100-239.4 A, for permission to construct a swimming pool. Proposed construction will be within 100 R. of Long Island Sound. Property Location: 2830 Grandview Drive, Orient, Coun- ty Lax Map No. 1000, Section 014, Block 02, Lot 3.5. - 8:20 p.m. AppL No. 3939-- GEORGE SCHNEIDER. Vari,. ance to the Zoning Ordinance,' Article III, Section 100-32' for permission to construct a one family dwelling, Bulk, Area and Parking Regulations and insuf- ficient sideyard setback. Proper- ty Location: 800 Sterling Road, Cutchogue, County Tax Map i No. 1000, Section 104, Block 01,., Lot 29. ' t 8.'00,p.m. Appl. No. 3943-- OREG S SEAFOOD DOCK & MARKETING, INC. Special Exception to 'the Zoning Ordi/ nance~ Article Ill A, Section! 100-30 A.2 C(l) (100-3lC), for permission to construct an off~! premises ~i~n. Off-premi/~] signs are not a permi~d use in this district. Proper~cation: 69435 Route 48 &~sy Sound Road, Greenport, County Tax Map No. 1000, Section 35, Block 1, Lot 8. 8:05 p.m. Appl. No. 3945-- BIDWELL WINERIES. Vari- ance to the Zoning Ordinance, Article III, Section 100-30, for permission to set up a tem- porary tent for cultural events. Proposed tent doesn't address this condit fort in A-C Zone Dis- trict. Property Location: 18910 County Road #48, Cutehngue, County 'lhx Map No. 1000, Sec- tion 096, Block 04, Lot 4.3. ' 8:10 p.m. AppL No. 3929-- VINCENT ANNABEL. Special Exception to the Zoning Ordi, nance,~Article 11I, Section :100-31, for permission to have tm accessory alx~'t, ment. Proper- nue, Cutchogue, County Tax Map No. 1000, Section 137/ Block 2, Lot 21. 8:15 p.m. Appl. No. 3932-- MATHIAS AND MAUREEN MONE. Variance to the Zoning Ordinance, Article XXII, Sec- tion 100-239.4 A, for permissioh to construct a swimming pool. Proposed construction will be within 100 ft. of Long Island Sound. Property Location: 2830 Grandview Drive, Orient, Coun- ty Tax Map No. 1000, Section 014, Block 02, Lot 3.5. 8:20 p.m. AppL No. 3939-- GEORGE SCHNEIDER. Vari- ance to the Zoning Ordinance, Article I11, Section 100-32, for permission to construct a one family dwelling, Bulk, Area and Parking Regulations and insuf- ficient sideyard setback. Proper- ty Location: 800 Sterling Road,.~ Cutchngue, County Lax Mal~' No. 1000, Section 104, Block 0~,,V Lot 29. 8:25 p.m. Appl. No. 3932--. ROBERT GREDICK. Variance to the Zoning Ordinance, Arti~ cie IliA, Section 100-30A.3, Ar- ticle IliA, Section 100-30A.4 (100-33), for permission to con- strvet addition to dwelling'and ,~ accessory garage in front yard~ area. Proposed construction will have insufficient front yard set- back and accessory bnildin8~ may be located in thc r~:luired rear yard. Property Location: Main Road, Laurel, County Tax Map No. 1000, Section 125, Block 01, Lot 19.7. 8:35 p.m. AppL No. 3942-- DAVID & MARY ANN CREATO. Variance to the Zon- ing Ordinance, Article Ill, Sec- tion 100-31 (A) 1, for permission to have a second dwelling, only (1) family dwelling permitted on each lot. Property Location: 3539 (ROW) Cox Neck Road, Mattituck, County Tax Map No. 1000, Section 106, Block 08, Lot 51. · 8:40 p.m, ApPl. NO. 3941-~ CONSTANTINE ~ GEORGIPOULOS. Variance to the Zoning Ordinance, Article ILIA, Section 100-30A.3, fol' permission to construct a family dwelling. Proposed struction will have insufficient front yard setback..Property' Location: ,1~00 Lake Drive, Southold, County Tax Map No. 1000, Section 59, Block 1, LOt 21.6 & 21.7. ~ 8:45 p.m. Appl. No. 3911--,- WALTER RAFFERTY. Variance m the Zoning dinance, Arhcle XXIV~, Sectio~° 241A, (Article XXVII, Section 100-281 (3), as disapproved, for permission to construct addi- tions and alterations to garage with apartment. Garage living quarters has been dormant long enough to lose its non- conforming status and the as~ thereof. Property Location: East End Road, Fishers Island, County ~ Map No. 1000, Sec- tion 03, Block 07, Lot 05. 8:50 p.m. AppL No. 3938-~ VILLAGE MARINE. Variance- to the Zoning OrdinanCe, cie XII, Section 100-112' Article Xll, Section 100-111(c)l, Artic~' XXIII, Section 2~9.4, for mission to enia~e pre~ist~ marina building and install boa~~ rack (outside). Property Loca~ tion: 175 Bay Avenue, Matt~- tuck, County Tax Map Np. 1000, Section 122 Block 05, Lo,t 15.1. . . . The Board of Appeals will at said time and place hear any and all pe~ons or ~entatives de- siring to be heard in each of the above matters. Written com- ments may also be submitted prior to the conclusion of the subject hearing. Each hearing 7825 Nassau Point Road & will not start before time allo¢ cCl~'arwnter Lan,' C%tehnm~t. ted. Additional time for tion 11~ Block~ ~t ~ ' ' ] n~ ~r mo~ infomation, 8:30 ~.m. AppI.'NO. 39il-- ] pl~ ~ 76~10~. JOSEPH SHIPMAN Vari~ D~: ~, 1~ tn th~ 7nnin. Ordinnn~ anl ~ '~: ~ ~f;~ ?~ ORDER de X ~ion l~10~ for { ~E ~OLD ~WN ~'sion to i~titute a ~nd~ ~ L ii,lC: ~v oF bnsin~* Bulk A~ an~ ~,~ ~ GE~RD P. ~EHRINGER~ ~ns l~s th~ r~ui~ husin~s ~t , . = ~ ~r~ ama. ~nv ~**~.. ~ra ~ ,~.~-~1~ 5/10/~ APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZlO, 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 t~ call our office prior to the hearing date if you have questions or wish to update your file. Yours very GERAi~D p. GOEHRINGER CHAIRMAN dff IUH-19-~9C4 14:47 T-MC ~/ANN 516 288 6546 ~645-01 Thomas T, McVann, Jr, Allorney at Law June 19, 1990 Post Office Box 827 Westhompton Beach, New York 4 '1978 [5'16) 288-6500 Fax Number [5'1o] 288-6546 Town of Southold Town Hall 53095 Main Road PO BOX 1179 Southold, New York 11771 Attention~ Zoning Board of Appeals Re 'ppllcatlon No. 3937 ~trick Lohn Gentlemmn: This is a formal request for a clarification of the decision r~ndered in the encaptioned matter. The sketch plan subm~ ~ for the deck In question, which the Board had In fr.~ . ,f them at the time of the meeting, and specifically discussed, shows a deck with a total dimension of 13 X 25 ( 13 X 14 +5 +6 ). The subml%ted dlagra~ %lsd shows a ~mali area of north '~ of the shed. The verbal the Bu~.Jlng Department will rely, deck 13 X 14. The verbalization of is in error as it does not provide deck 12 X 5 on the decision upon which specifically shows a the submitted diagram for the additional It feet ( $ + § ; shown on the submitted diagram nor does it provide for the small 12 X 5 area in front of the ~hed. I would respectfully request the Board rewrite the description of the permitted deck to comply with the plans submitted to the board, and allow for a 13 x 25 · ~ deck and 5 x 12 deck area with step as shown on bo~ lane reviewed by the Board. ~lth every ktn~ ~=.___~ r · & X ~ordial~ y~urs,~ THOMAS T. McVANN~ J~. % 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 TOWN OF SOUTHOLD COUNTY OF SUFFOLK : STATE OF NEW YORK TOWN OF SOUTHOLD : ZONING BOARD OF APPEALS HEARING : Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 May 15, 1990 7:37 P.M. BEFORE : GERARD P. GOEHRINGER, Chairman. BOARD MEMBERS: CHARLES GRIGONIS, SERGE DOYEN, JR. JOSEPH H. SAWICK! JAMES DINIZXO, JR. JR. Doreen!Ferwerda, Secretary to Board 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 Thank you for coming in. The next appeal is in behalf of Patrick Lohn. This is Appeal Number 3937, in behalf of Patrick Lohn. reads as follows: Appeal Number 3937, 5 The legal notice Patrick Lohn. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B, for permission to construct a deck. Proposed construction will be less than 75 feet from the bulkhead. Property Location: 2480 Minnehana Boule- vard, Southold, County Tax Map Number 1000, Section 87, Block 3, Lot 57. I have a copy of the sketch of the site plan. The application before us is for ... it appears to be a 6 by 12 storage building approximately 13 feet from ... referred to as a cove, but it is also a boat slip similar to what is also cut in the property on the other side and a deck of 13 by 14 which appears to be ground level adjacent to the bulkhead. And a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. For the ! 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 6 record, this lot is Parcel Number 57. Is there somebody that would like to be heard in behalf of this application? MR. McVANN: My name is Tom McVann and I am an attorney here representing the owners of the property who are here in the front row, as well. This case has a little bit of a history to it. I don't know how much the current Board is aware of. Back in 1989, the Board of Trustees inspected the site and wrote a letter to the environmental consultants saying they waived any further review as long as he could get permits from the Department of Environmental Conserva- tion, which, in fact, were granted. The Building Inspector issued a permit to build a shed and the Lohns started the shed, and when they came back to get the building permit to complete the deck, because they had let the winter go by, they were told there was another variance required. The variance from this body, because it was left 75 feet from 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 existing bulkhead. than 75 feet wide water. other In fact, the lot is from the road to the 7 less The lot has no building on it at all, than a little accessory building. Whether or not the lot is a building lot in modern times, I don't know. But it certainly is not a very substantial use for this particular piece of property. Mr. Lohn has a house across the street and his children like to play on this particular piece, and he would like to keep his boat there. The reason that he wants to build a deck is so that the children are not on the ground. The grass won't grow correctly there and there is dirt, and there is nothing of any environmental value and he wants to put a smooth wooden deck over it to keep his kids clean in the sunm~er. That is why we are here. THE CHAIRMAN: To answer your question, at one time there was a question of overlapping jurisdiction between the Town Trustees and the Zoning Board of Appeals. ( 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 8 It was at that particular time, that's when I say ... and I am trying to give you some timeliness involved here ... ! would say between the last year there was a change and basically what developed was the Zoning Board of Appeals had jurisdiction where there was a bulkhead or some sort of fragmentation of the bulkhead and the Trustees had jurisdiction when there was no bulkhead. So in this particular case they were probably correct in granting a waiver, notwithstanding the fact that the Zoning Board of Appeals came in and had other jurisdictions within the 75 feet. MR. McVANN: I don't have any problem with that. I appreciate your explanation. You have to wonder. Mr. Lohn is amused that it took 19 months from start to finish between the agencies involved to keep his kids off the dirt. THE CHAIRMAN: Can I ask you two questions? MR. McVANN: Sure. THE CHAIRMAN: The storage building ! 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 will related items? MR. McVANN: That will have no electricity, anything of that nature. THE CHAIRMAN: its present size, 13 MR. McVANN: is ... 9 only be used to store furniture or boat is correct. It no plumbing or The deck will remain by 147 The size that is shown MR. LOHN: ... on the sketch. Can ! come forward and show you? The deck area will be roughly 13 by 14 to the little skirting in front of the shed. I have it all staked out down there. I wasn't sure if anybody got down there. This little thing referred to as a cove is what we use for the bathing area. There are no boats kept down there or anything, and the main reason we wanted to do the deck is that is where the bulkheading comes in. There is a lot of ... as you know, when you get a bulkhead you have a lot of dripping going down and we are also afraid the kids are going to stick their legs down. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 10 We couldn't get grass to grow. We didn't want to put chemicals and pesticides. We worry about ticks and other stuff. We figured a deck would be a nice compromise for it. The only problem right now, I can't use the property the way it is until we can get it finished. So, but as far as the shed is concerned ... because that is basically storage. That's all it is going to be and that has already been framed. I guess you saw it when you were down there. THE CHAIRMAN: Do you want to give me a guesstimate of how much deck you are going to put on in front of the shed? We have to reduce this to writing. I would hate like heck to have the Board grant that and ... MR. LOHN: I hear you. I have it as five feet in front and the reason I just ... it was just a subjective number so I wouldn't fall off when I opened the door. The 14 is from the edge to here (indicating). This whole area here measures approximately 25 feet (indicating). ¢ ( £ 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 think it is. MR. McVANN: 11 Why don't you add a foot to your guesstimate? MR. LOHN: 14. That's 25. where it is. MR. McVANN: MR. to be. You've got six, five, and I would have to say that is Why don't we say 27? LOHN: Whatever it's staked out THE CHAIRMAN: We'll make it 25, plus or minus. MR. LOHN: On the other thing, on the dimensions, we had to have the front of the bulkhead redone and everything got moved forward a foot. So all my great math went out the window when that happened. Like I said, it is since October 1988 it started. It's driving me crazy at this point. THE CHAIRMAN: We apologize for this. MR. LOHN: It wasn't you guys. The Department of Environmental Conservation, I blame it on them. As far as the deck is concerned, it is going to be basically a ground level type of structure. It is not 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 :22 23 24 25 12 going to be some humongous thing with steps. THE CHAIRMAN: You want to give me an idea as to the elevation? MR. LOHN: I would say less than a foot, because what we are trying to do is make the deck level with the entry door to the shed and that has been framed. So whatever that is, that is what it is going to be, a flush fit, won't get paid. THE CHAIRMAN: MR. McVANN: or else the carpenters Very good. Thank you. I certainly don't mean to complain, but you are here working. You put in your time to the community. It is bureaucratic things In this case it did. THE CHAIRMAN: you more. just unfortunate that can kind of grind along. I couldn't agree with Is there anybody else that would like to speak in favor of the application? Anybody that would like to speak against? Any question from the Board members? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 13 Hearing no further questions, I make a motion closing this hearing and reserving decision until later. MR. SAWICKI: Second. THE CHAIRMAN: All in favor? MR. GRIGONIS: Aye. MR. DOYEN: Aye. MR. SAWICKI: Aye. MR. DINIZIO: Aye. MR. LOHN: One last question for me. When will you let me know? THE CHAIRMAN: The next meeting is scheduled for the 30th. So hopefully, we will deal with most of the issues tonight. Call us on the 31st, the morning of the 31st. Thank you, gentlemen, we appreciate it. ~ as follows: ~ Leasi_ng.._~!!~ce.~o the Zoning Or~, Articl~X~~ 239.4, for permiss~i~Qn ( ¢ 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 MR. DOYEN: Aye. MR. GRIGONIS: Aye, MR. SAWICKI: Aye. MR. DINIZIO: Aye. (Time noted: 9:27 p.m.) 9O I, GAIL ROSCHEN, do hereby certify that I am an Official Court Reporter and that the foregoing constitutes a true and accurate transcript according to my official stenographic notes. ~A-IL R0 S C'HEN Official Court Reporter APPEALS BOARD MEMBERS Gerard P. Ooehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD scoTr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 April 27s 1990. Thomas T. McVann, Esq. P.O. Box 827 Westhampton Beach, NY 11978 Re: Appl. No. 3937 - PATRICK LOHN (Variance) Dear Mr. McVann: This letter will acknowledge receipt of your application for a variance and confirm that the Board members are individually conducting field inspections and review as may be required by state and local laws during the next couple of weeks concerning your application. In the interim, we ask that the ouside corners of the proposed construction be flagged, if not already done so. The public hearing on this application is expected to be held on or about May 15, 1990 at the $outhold 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. We do sincerely thank you for your continued patience during this period of transition within our department. Yours very truly, GPG/df GERARD P. GOEHRINGER CHAIRMAN APPEALS BOARD MEMBERS Gerard P. Goehringet, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD May 15, S.E.Q.R.A. TYPE II ACTION DECLARATION 1990 ScoTr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appeal No. 3937 Project/Applicants: County Tax Map No. Location of Project: Patrick Lohn lO00- 87-3-57 2480 Minnehaha Blvd., Southold, NY Relief Requested/Jurisdiction Before This Board in this Project: Permission to construct a storage shed and deck which will be within 75 ft. of bulkhead 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 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 Southold, New York 11971 FAX (516) 765-1823 TELEPHONE (516) 765-1801 TO: FROM: RE: DATE: SOUTHOLD TOWN ZONING BOARD OF APPEALS JUDITH T. TERRY, SOUTHOLD TOWN CLERK ZONING APPEAL NO. 3937, PATRICK W. LOHN APRIL 3, 1990 Transmitted is application for variance submitted by Thomas T. McVann on behalf of PATRICK W. LOHN together with plot plan; notification to adjacent property owners; Notice of Disapproval from the Building Inspector; form letter from the NYS DEC; letter from the Trustees; short environmental assessment form; Zoning Board of Appeals Questionnaire form; and Deed. Judith T. Terry Southold Town Clerk Thomas T, McVann, Jr, Attorney at Law March 29, 1990 Post Office Box 827 Westhampton Beach, New York '1 ~, 978 [5,16) 288-6500 Fax Number [5'16] 288-6546 Southold Town Hall Zoning Board of Appeals Main Road Southold, New York 11971 Re: Application of PATRICK W. LOHN Gentlemen: Please find enclosed the following: 1. Notice of Disapproval from Building Inspector; 2. Application in triplicate; 3. Notice of Adjoining property owners form; 4. Environmental assessment form ; 5. Z.B.A. Questionnaire; 6. Town Trustees approval letter and DEC letter ~hat no permit is required; 7. Copy of deed; 8. Copy of the sketch for the proposed deck; 9. $150.00 filing fee; 10. Copy of authorization letter. If everything is in order please notify this office when this will appear of the agenda for the Zoning Board of Appeals. Please also contact %his office if anything further is required. With every kind regard, I am THOMAS T. McVANN,JR. ~ TTM:bjm Encl. Thomos T, MoVonn, Jr, Atlorney ct Low March 23, 1990 Post Office Box 827 Westhampton Beoch, New York i 't978 [516) 288-6500 Fax Number (5'16) 288-6546 Town of Southold Zoning Board of Appeals Southold Town Hall Main Road Southold, New York 11971 Re: ZBA application Patrick Lohn Gentlemen: Please be advised that I have been authorized to act as agent for Patrick Lohn, the applicant, before the Zoning Board of Appeals in regard to this matter. With every kind regard, I am TTM:sn THOMAS T. I, PATRICK LOHN, DO HEREBY AUTHORIZE , MoVANN,JR.,ESQ., TO ~MY AG~ ~RICK' LOHN FRANK A. KUJAWSKI, JR., President. ALBERT J. KRUPSKI, JR., Vice-President JOHN M. BREDEMEYER, III JOHN L. BEDNOSKI, JR. HENRY P. SMITH J.M.O. Consulting P.O. Box 361 Wading River, NY 11792 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 June 2, 1989 TELEPFIONE (516) 765-1892 Re: Minnehaha Blvd. N.Y. Dear Sir: The following action was taken by the Board of Town Trustees during their regular meeting held on May 31, 1989 as follows:' WHEREAS the Town Trustees have conducted an on site inspection of the subject property, Minnehaha Blvd, NY. RESOLVED that the Town Trustees approve the request made by J.M.O. Consulting for a waiver to construct deck and storage shed landward of timber bulkhead on above mentioned property. Please return to the Building Department for a determination on the need for any other permits which may be required for this project. FAK:kjw cc: Bldg. Dept. Board of Appea~s file Very truly yours, Frank A. Kujawski, Jr. President Board of Town Trustees Building 40--SUNY, Stony Brook, New York 11794 Dear Thomas C. Jorling Commissioner A review has been made of your O. CC proposal to: Based on the information you have submitted, the New York State Department nvironmental Conservation has determined that the ~ parcel project is: ' Greater than 300' from inventoried tidal wetlands. Landward of a substantial man-made structure r~'~ ~[~ greater than 100' in length which was constructed prior to 9/20/77. Landward of gradual, natural Landward of the greater than 10' Therefore, no permit the 10' above mean sea level elevation contour on a slope. topographic crest of a bluff,' cliff or dune which is in elevation above mean sea level. is required under the Tidal Wetlands Act (Article 25 of the Environmental Conservation Law). Please be advised, however, that ho construction, sedimentation or disturbance of any kind may take place seaward of the 10' contour or topographic crest without a permit. It is your responsibility to ensure that all necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation in this area as a result of your project. Such precautions may include providing adequate work area between the 10' contour or topographic crest and the project (i.e. a 15' to 20' wide construction area) or'erection of a temporary fence, barrier, or hay bale. berm.~' Please note that any additional work, or modification to the project as described, may require authorization by this Department. Please contact this office if such are contemplated. Please be fUrther advised that this letter does not relieve you of the responsibility of obtaining any necessary permits or approvals from other agencies. Very truly yours, Deputy Regionalk~ermzt Administrator Appendix~l~' State Environmental Qualily Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only P~T I--PROJECT INFORMATION (To be comDleted by Ao~lic=nt or Project s~onsor) ~U~Nr ~S~ONSO~ PATRICK LOHN (Thomas T. McVann 2. PROJECT NAME Southold Minnehaha Blvd., Southold, New Yo~k Tax Map'1000 - 087.00 - 03.00 - 057.000 S. IS PROPO$SD ACTICN: Applicant proposes to construct timber decking and a storage shed as per the enclosed plans SEQR [] NO It No, eescnl~e briefly 9. V,'HAr IS PRESENT LAt40 USE IN VICh'IITy OF PROJECT? [--] Ag'CUllU~'e [:~ Pa~'k~ FO re $ t IO!~ en s~ace ~ Giber 10. DCES ACTION INVOLVE A PERMIT APPROVAL. OR FUNOING. NOW OR ULTiMATELy FR. OM ANY OTHER GOVERNMENTAL A'~-ENcy (FEDERAL. STATE OR LOCAL)'/ . ,- ~Ye:~ ~] NO I! yes. llst agency(s) and ¢ermiUa~prova[$ DEC Letter Of non-jurisdiction is submitted herewith E ACTION HAVE A CURRENTLy VAU'J~PERMIT OR APPROVAL9 ~ ' OF ~ Yea ~ ~ING PERMIT/APPROVAL REOUIRE MODIFICArlON~  K LOHN/THOMAS T. McVANNtJR.,ESQ.~ 0~.: March 2~, 199 h ~ e action ;s ;~[ Ihe Coast31 Are~. 3nd ,leu are a state agency, complele ~ Co3=tal As~smenl Form belore proceeding with this assessment OVER 1 (Continued on re~;erse side) (a) ~-order to answer the questions in this short fAF it is assumed the Preparer will USe CUrrently available information pro]ec~ and the likely im~aota of the action. I~ is no~ expected that (b) If any question has been anuwered Yes the project ma~ be sig- (ri If all questions have been answered NO At is likely that the WAll project alter or have a large effect 1. 5. Will project significantly effect drainage flow on ad]acen~ si~es? _~..Yes 6. Will ' affect any threatened or endangered plantpr°]eot ___Yes ~o 7. Will Project result in a major adverse effect on air quality? 8. Will Project have a major effect on visual char-- Yes 9. Will project adversely imoact any site or ute of historic, Pre-hist6rlc, or importance or asy site designated as a critical Will project have a m~jor effect on existing or ll. Will project result in major traffic problems or 12. Will project regularly cause objectionable odors, noise, glare, vibrat/on, or electrical diuturh- ~3. Will project have any impact on public health or Sa~et?? 14. Will pro. diroctl tion o~ 15. I~ ther pro]ect2 Re~resentinq~_ PATRI affect the exi=ting community by Ii ;ver:y concerning the LOHN -- Date.'__ 3/23/9o QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED ~ITH YOUR APPLICATION FO~4S 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? Yes ~ 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.) Yes b)Are there any areas open to a waterway without bulkhead? Yes 3. Are there existing structures at or below ground level, such as patios, foundations, etc? 4. Are there any existing or proposed fences, concrete barriers, decks, etc? ® If project is proposed for an accessory building or structure, i~ total height at more than 18 feet above average ground 1--~-~17 State total: ft. No Yes If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State to'tal: .... 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: Zoning Boar~ of Appeals granted accessory building - appeal #23~1 u//ub~y/_ no permit issued 10. 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 Yes ~. Yes ~ Yes ~ Yes ~ Yes ~ Yes Yes Yes Yes Yes Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from contract) Yes ~ 11. Is new construction proposed in the area of contours ~'~ at 5 feet or less as exists? ~ No 12. If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have you made application to the Town Trustees for an ' inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? {Yes] No 13. Please list present use or opera~~t~e subject property at this time ,...va~ant/~~ and proposed deckand storage.shed Please submit photographs for,k~e record/ I certify that the above sta~men~s are/true~d are being submitted for reliance by the Board of Ap~ea~in ~o~i~ng my application. Signature (Property Owner) ~J(~utho~ Agent) 1/88 WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-25- 85 by L.L. No. 6-1985]: A. TIDAL WETLANDS: (1)Alt lands generally covered or intermittently cov- ered with. or wh[ch bord~r on. tidal waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal ~vaters to a maximum depth of · five {5) feet, including but not limited to banks. bogs, salt marsh, swamps, meadows, flats or other low lying lands subject to tidal action: (2) All banks, bogs, meadows, flats and tidal marsh subject to such tides and upon which grows or grow some or any of the following: salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, gronndscl, marsbmullow and low march cordgrass; ami/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A¢2) and lying within seven- ty-five (75) feet lamlward of the must landward edge of such a tidal wetland. FRESHWATER WETLAN DS: (1) "Freshwater wetlands" as defined in Article 24, Ti- tle 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) und lying w/th- in seventy.rival (75) feet landward of the most land- ward edge of a "freshwater wetland." 9705 w,c~2 Ltl 2.00' D lO01 S 087 B 03.1 L 057. I CONSULT YOUR L~WYER BF.I:OI~ SIGNING THIS HISTI~JMEHT--THIS INSTRUM~IT SHO~i US~ BY ~WY~ O~Y, 9887 a204 e4 4 ~D~madethe ~ ~yoi Septe~er ,ninetecnh~dr~ eighty five ~ ~AN M. LOHN, residing ac Southold, New York No~ Minnehaha Blvd. ,rtv of ,be rst and ~.~'d S~A J'. ~WKINS,residing at Southold, N.Y. as tenants zn co,on -in equal shares. No~ Mim~ehaha Blvd. party of the second part, wr['NF..~L:'TH, that the party o[ the first part, in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby grant and releas,e unto the party o[ the second part, t[h~ heirs or successar$ and assigns of the party o[ the second part forever,· DOALL that certain plot, piece or parcel of land, with the buildings and improveraents thereon ©retted, situate, lyingandbelngi~-O~ at Laughing Water, near Southold Town,Suffolk County, New York,bounded and described as follows: 0 "COmmencing at a point formed by the intersection of the easterly' line of Minnehaha Boulevard and the southerly iine of Opechee Avenue then running south 3 degrees 36inches east 124 feeC by and along the easterly line of Minnehaha Boulevard to the point and place of Beginning, thence ~outh 81 degrees 59 minutes east 133 feet more .or less by and along the property of C.}I.Wickham through a point in a base line Co Mean High Water of Corey Creek thence southwesterly 75 feet more or less,along Mesh High Wager to a point,thence north 74 degree~ 47 minutes west 103 feet more or less from Mean High Water,through a base line by and · along'property of C.H.Wickham to a point in the easterly line of Minnehaha Boulevard,thence north 6 degrees 0~ minutes east 27.2 feet by and along the easterly line of Minnehaha Boulevard to a monumenC,thence north 3 degrees 36 minutes west 34.8 feet by and along the easterly iine of M~nnehaha Boulevard go the point or placeof Beginning. Together with all the righc-., t~itle and interest of in and to land lying within the bed of Minnehaha Boulevard to the center line thereof; and in and to and under the water of Vorey Creek.adjacent ..s,a id premises. Subject however Co all covenants and.restrictions of record. tend art haveszmu~taneou~lv h~Cewith ~x~c)ated Th a ~ies f ~h_.e.__s ).ntendea O,Ue cevoroeo nerw ei vere a pu g se mgney mo cga ee' 'a ount $ TOGETIiER xvith all right, titleand interest, if 'any, of the par~'of'ff~' fir~[pai't'm ah] to any streets and roads abnttlng the above described premises to the center lines thereof; TOGETHER wkh the a~purtenances and alt the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the. second part, thc heirs or successors and~ assigns of the art of the sec nd art forever. P ~etng t~e P~ame prmmxses heretofore cpnveyed to the grantor herein by Cedric H.WickKam and his wife by deed dated 8/14.56 recocd~d 8/20156 AND thc party of the first part cavenants xhat.lhe ~par*y~of-ehe-~ir'~ ~arrt ~la~6a~t tt~o~ suffered anything whereby the said 9rennlses have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party .the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust {und to be applied first for 'the purpo:se of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the Same for any other purpose. The word "Ixarty' shall be~conslrued as if it read "parties" whenever the sense of this indenture so requires. IN WITN~ WHF..RI~OF, the party of the first part has duly executed this deed the day and year first above written. I <TP, AN~F~RTAX. MUFPOLK .COUNT~ ~rson~ly ~e to me known to be the i~ividual descrikd in and who executed tbe {oregolng instrument, and a~nowledged that ~4~ ~uted the ~ J~ph H. ~ibbons ~o. 52-461*2~ ," Nota~ Public in the State of New York Qualified in Suffolk Coun~ My Commission Exp res Mar. STAI~I~ OF N~ YONK, COUNTy OF ss~ On the day of 19 , before me personally came to me known, wh.o, being by me duly sworn, did depose and say that herestdes at No. that he is the of . : the. corporation described in and which executed the foregoing Instrument; that he knows the seal of said corporation; that the s~l affixed to said instrument is sue'. corporate seal; that it was so affixed by order of tbeboard of directors of said corpora- tion, and that he signed h name thereto by like order. On the day of 19 . before mc personally came to me known to be the individual described in and who executed the foregoing instrument, 'and acknowledged that executed the same. MEW YORK, COUNTY OF . . SS: On the day of 19 , before me personally came the subscribing witness to the foregoing ingtrument, with whom I am personally acquainted, who, being by me duly sworn~ did depose and say that he resides at No. ; that t he knows deseeibed in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at tt~e same time subscribed h name as witness thereto. ~,~I'I'H COVENANT AGAINS'I' GRAN'IOR'S ACTS TITL0 NO. First American Title Insurance Company of New York SECTION BLOCK LOT COUNTY OR TOWN Recorded At Request or First American Title Insurance Company of New Yo~k RETURN BY MAIL TO: Zip No. 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 SCOFF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box I 179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS Appl. NO. 3937 Matter of PATRICK LOHlq. Variance to the zoning OrdinaNce, article XXIII, Section 100-239.4 B, for permission to construct a deck. Proposed construction will be less than 75 ft. from the bulkhead. Property Location: 2480 Minnehana Boulevard, Southold, county Tax Map No. 1000, Section 87, Block 3, Lot 57. WHEREAS, a public hearing was held and concluded on April 19, 1990 in the matter of the Application of PATRICK LOHI~, under Appeal No. 3937; 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 east side of Minnehana Boulevard, Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 87, Block 3, Lot 57. 2. This is an application for Variances from the Zoning Code Article XXIII, Section 100-239.4 B, for permission to construct a deck. Proposed construction will be within 75 ft. from the bulkhead. Page 2 - Appl. No. 3937 Matter of PATRICK LOHI~ Decision rendered May 30, 1990 3. Article XXIII, Section 100-239.4 B, Ail buildings located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which are adjacent to tidal water bodies other than sounds shall be set back not less than seventy-five (75) feet from the bulkhead. 4. The subject premises is vacant land with the exception of a accessory shed decision rendered July 6, 1977 under Appl. No. 2311. 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 deck in any other location on the premises will require other variance relief; (c) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (d) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance, as applied conditionally noted below. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Goehringer, it was RESOLVED, to GRANT a Variance in the matter of the application of PATRICK LOHI~ as applied under Appeal No. 3937, SUBJECT TO THE FOLLOWING CONDITIONS. ~ 1. That the approximately 13 X 14 deck not be elevated more than 12 inches from the bulkhead and remain unroofed. 2. That the storage shed maintain the conditions as stated in the decision dated July 7, 1977 under Appeal No. 2311. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Sawicki and Dinizio (Absent Charles Grigonis). This resolution was duly adopted. df GERARD P. GO~-~IRNG~CHAIRMAN (~ .OUNTY OF SUFFO K __ I - -~--[-- J'~:~----'~:~:~lReal Property Tax Service AgencYlmur.~ (~ TOV~q OF SOUTHOLD, NEW yOILK ~ ACTION OF THE ZONYIqO BOAI~D OF APPEALS Appeal No. ~2311 Dated July 6,~ 1977 ACTION OF TH]~ ZONING BOARD OF APPEALS OF THE TOl~lq OF SOUTHOLD To Jean. Lohn & B. Loretta Vom Lehn, ,:. :.: .,~ ~ .:: ..... Minnehaha ._Boulevard Southold,.NY. · 11971 DATE.~.n....~.f 1977 Appellant at a meeting nf the Zoning Board o! Appeals on . August 4 ,: 1977 ,vas considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance ( ) the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed b~au~ 9:55 P.M. ~E.D.S.T.} upon application of Jean Lohn and B. Loretta Vom Leb/i, Minnehaha Boulevard, Southold, New York for a variance in accordance with the Zoning ordinance, Article III, Section 100-30 and 100-32 for permission to construct accessory building on property llne. Location of property: East side Minne- haha Boulevard, Southold, New York, bounded on the north by Prieto; east by Corey Creek; south by Vanderbeck; west by Minnehaha Boulevard. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because SEE REVERSE practical difficulties or unnecessary (b) The hardship created (is) (h not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) 'SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. ) be denied and SEE REVERSE FORM ZB4 ZONING BOARD OF APPEALS After investigation and inspection, the Board finds that the applicants request permission to construct accessory building on property line, east side Minnehaha Boulevard, Southold, New York. The findings of the Board are that the Board is in agreement with the reasoning of the applicant. 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 ~icinity of this property and in the same use district; and the variance will not change the character 6~ the. neighborhood, and will observe the spirit of the Ordinance. THEREFORE IT WAS RESOLVED, Jean Lohn and B. Loretta Vom Lehn, Minnehaha Boulevard, Southold, New York be GRANTED permission to construct accessory building on property line, east side Minnehaha Boulevard, Southold, New York, as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. R E A L ~ ~ v ~ ~ ~T~TE OF NEW YORK C R 0 S S R E F E R E N C E L I S T CouNTY SUFFOLK - PARCEL IDENTIFICATION SEQUENCE T 0 t'JN OF SO~THOLD y CK ....... ERND '87.-3-57. 87.-3-53 87.-3-$~ 87.-3-55 87.-3-$6 87.-3-57 87.-3-58 87.-3-5g --87. -3-60 87.-3-61 87. -~-62 87.-3-63 --87.-3;64 87. -3-65 8?.-3-66 87.-3-67 87. 87. -3-69 --87.-4-1 .1 87. -- 87.-~,- 3 ~87. -4-5 87. ~7. -4-7 ;:', ?. ~?. -5-1 ", ':'. -S 1988 - - - PARCEL ID ........ ~ b~----~'-A- M E TOTAL A7.-3-31 ........... ~-~'~A~E'S--~OMN & DIANE ............. 800 37.-3-32 C RH KELLY THOMAS J 1,000 1,000 ST.-~-33 ............. ~- S~'~G~'~O'R WARREN M .......... ~1-~'0 .... &'goo---' 87.-~-3~ C ST TISBO MICHAEL C 1,100 5,800 C UF HUM~URG WILLIAM R & WF 800 3,900 7 ~-~6 f~'/O0' 4,?00 S7.-3;37 1,700 6~000 8?°-3-38 C VR BORKOWSK! DOLORES 87.-3-3~ ............... ~'~'~AU~ CARL-E & WF ........... ~1;100"--~(~-- C QN KUSTES JEAN S 1,700 87.-3;~ 1,]00 87.-3-4~ C RZ ERICKSON WALTER JR -- 2,~00 10,600 87.-~-~ C TL PRIETO RICHARD R ............ ' ........ ~-d:~'~RIETO ~iCHARO & WF 87.-3-45 ~ UX PRIETO DOLORES 700 700 .87. -~-46 · .87.-~-&7 ............... ~' V~Q ~PI~ER JOHN R & ~F ............ ~-';~00-~ 87.-.~-48 C WJ PALASCIANO MASSIMO J $ 1~200 .87.-3-49 ........... ~XC EICHEER MILDRED A ...... 900 ~ 87.-3-50 CRF GIFFORD J ROYAL & WF 1,100 5,800 ~7.-3-50 ....... N' R-F ~IFFORD J ROYAL & WF ....... i~100 ........ ~0' 87.-~-51 C RY LAGUARDIA ANTHON~ & WF 1,100 ~,gO0 C TK YARO OTTO & WF 2,100 .............. ~OO ~OHN PATRICK W &ANO ....... gOO ..... C UW HAWKINS SARA L & ANO 1,100 ~,100 ..... C Vp~VANDERB[C[ WILLARD K ........ ~100 ...... 1,000 1,000 C XU VANDERBECK W K 1,000 1~000 ................ C-RX-E*AUGR~NG'WATER PROPERT ........ 100-~ '~00 C SQ YARO OTTO & WF 2,000 Z,O00 C UC MOYLE J LOUISE 1,200 ................ C-UV-'TOWN--OF 50UTMOLD ......... 300-- 100 C VO LAUGHING WATER PROPERT ...... C~WH LAUGHING WATERS PROPER .......... 100 C XR LAUGHING WATERS PROPER 100 10~ ...... C XT LAUGHING WATERS' PROPER .......... 1~0 .... C YM LAUGHING WATERS PROPER ~00 30~ ............. C~Y-~%ZZO'Lk LESLIE ~ ORS ............ qO0 .... ~-0 C PV GUTIERREZ JOSEPH JR & 2~200 5,30 ............. 1;~00 ...... ............. C--~O'--~UC~-GERTRUDE C RH ~OGER WILLIAM M 1,~00 3,00 ............... ~ SA 90GER'ROBERT g ........... 1;100 .... 900 C ST BURST CHARLES A & CRRO ....... ~0 ............... ~-TM~INDTVEI~ HERBERT-& C UF LINDTVEIT CATHERINE 1~000 ..... C UY 'KIRSCH RAYMOND & HELEN ......... 900 ..... C PS LUDECKER DOROTHY F 600 ' C QL LUDECKER HOWARD A & WF PAGE ' ' TOTALS ~ 51 PARCELS (ACTIVE) A-C~ R R-80 P£¢ON/C BAY Agricultural Conservation TOW~ CI~RK TOWN OF SOUTHOLD ~dfolk County, New York 516- 765-1801 ~ ~ 35 ~ 2 ~u~th T. Te~ T~ Clerk BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of - to the Board of Appeals of the Town of Southold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Th~-k~hz't'~ intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a {Variance)XSpecial Exception) (Special Permit) (Other) [¢±r¢le choice] ). 2. That the property which i,s the subject of the Petition is located adjacent to your property and is des- cribed as follows: o'L¥oc'O /~/A//lJ~J---//~ r~Lvr~),, ~J~D, ~ 3. That the propert~, ~'/~bw~hi h is the subject of such Petition is located in the following zoning district: ~ ~,,at b, such P.,,t,un. the unders,~ned w,,, request the ~o,,o~i~ ~,,~: 5. That the provisions of the Southold Town Zoning Code apj~licable to the relief sought by the under- signed are Article ~ Sect/on [ ] 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, So_ust~)~ld, New York and you ma)' then and there examine the same during regular office hours. (516) 765-1 . 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 to appear and be heard at such hearing. Petitioner , Post Office Address Tel. [Copy of sketch or purposes.] plan showing proposal to be attach.e.~ for convenience NAME p 099 156 971 RECEIPT FOR'''I~I'IFIED MAIL (See Reverse) PROOF OF MAII.,ING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS 099 156 9'70.~ --,~c~ co~[~ (See qd No COUNTY OF SUFFOLK )ss.: JC,< CLX' O lJ 50C,' HOL]> , liq /J ,beingdulvsworn, deposes and says that on tbe ~L(~ day of ~) ~ ' ,19 ~ ~ , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, ~cted to each of the above-named persons at the addresses set opposite their respective name; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessmen[roll of t~e Town of Southold; that said Notices were mailed at the United Slates Post'Of- ~ ~0~)~) ~ ~ ) ;that sai~mailed to each~s ~ifi~(registered) mail. ~ onsby Sworn to before me this ~ day of ~.~.-- ,19 ?C? Notary Public (This side does not have to be completed on form transmitted to adjoining property owners.)