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3964
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 ACTION OF THE BOARD OF APPEALS Appl. No. 3964-SE. Appication of KENNETH MINNICK. Special Exception to the Zoning Ordinance, Article III, Section 100-31B(14), as disapproved, for permission to establish accessory apartment in proposed addition to existing one-family structure. Property location: 3305 Aldrich Lane, Laurel; County Tax Map No. 1000, Section 124, Block 1, Lot 3.2. WHEREAS, a public hearing was held on September 26, 1990 and at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, the physical characteristics of the land, its present zoning classification, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. By this application, applicants request a Special Excep- tion to the Zoning Ordinance, Article III, Section 100-31B(14) for permission to establish a new "Accessory Apartment" in a proposed addition to the existing principal single-family dwelling as more particularly shown on the construction plan sketch dated July 2, 1990 referred to as Plan No. 1304F. 2. The premises in question is located in the R-80 Residential and Agricultural Zone District, containing a total area of approximately 41,000 sq. ft., and extends off the westerly side of Aldrich Lane by a private right-of-way. Page 2 - Appl. No. 3964-SE Matter of KENNETH MINNICK Decision Rendered October 17, 1990 3. The subject premises is improved with an one-story, single-family dwelling with attached garage (without the sketched addition) as more particularly shown on the June 24, 1977 Survey prepared by Young & Young, L.S. (No. 77-427). 4. Upon information furnished, the proposed addition will be that area to be occupied by the Accessory Apartment use, and the square footage of the principal single-family dwelling use is given at 1,732+- square feet. 5. Article III, Section 100-31B(14 of the Zoning Code permits the establishment of: ...One Accessory Apartment in an existing one-family dwelling...subject to requirements (a) through (p), inclusive. 6. Subsection (m) of Section 100-31B(14) of the Zoning Code provides that the "...building which is converted to permit an accessory apartment shall be in existence and have a valid Certificate of Occupancy issued prior to January 1, 1984." 7. It is noted that both areas (within which the principal dwelling use and Accessory Apartment use) are to be located must have been in existence prior to January 1, 1984 in order to meet the requirements of this Article. 8. The principal single-family dwelling structure was constructed under the issuance of Building Permit #9354 dated July 7, 1977. Although the 1732+- sq. ft. dwelling has been in existence and has a valid Certificate of Occupancy prior to January 1, 1984, the area within which the proposed Accessory Apartment is to be located does not exist. 9. During the public hearing held on september 26, 1990, the applicants were advised that if they would consider utilizing the existing attached garage for the proposed accessory apartment, then the Board could possibly grant the Special Exception. The applicants did not authorize the Board to grant the Special Exception for an Accessory Apartment use in the existing attached garage rather than in the proposed new addition. Accordingly, there is no alternative for this Board to take except to reconfirm that the intent of this provision of the Zoning Code legislates establishment of an Accessory Apartment and principal single-family dwelling use must both be within the "perimeter" (or footprint) of the entire construction of the principal building as existed on or before January 1, 1984. Pa~e 3 - Appl. No. 3964 Matter of KENNETH MINNICK Decision Rendered October 17, 1990 10. In considering this application, the Board finds and determines that it is without authority to grant a Special Exception use where the project does not meet all of the requirements of the Zoning Code {Knadle v. ZBA of Huntington, 121 AD2d 447 (1986); Roginski v. Rose, et al., 63 NY2d 735 (1984)}. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to DEN-Y, without prejudice to re-apply, the Special Exception as requested and as applied under Appl. No. 3964 in the Matter of the Application of KENNETH MINNICK. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen and Dinizio. (Absent was: Members Sawicki.) This resolution was duly adopted. lk GERARD P. GOEHRIN~ER, C~IRMAN / RECEIVED AND FILED BY THE SOUTHOLD TOWN CT.~RK Town Clerk, Town of Southold Gerard P. Ooehringer, Chairman Chiles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF $OUTHOLD 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 t~the EOu'£nOLD'i~WNBOA~OF APPE~.LS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971 on WEDNESDAY, SEPTF/~BER 26, 1990, at the following times: .7:30 p.m. Appl. No. 3961 - VENETIA MCKEIGHAN. Variance to the Zoning 6r~inance, Article III, Section 100-33, as (gazebo) in an area other than the required rear yard. Property location: 495 Bayview Avenue, Southold, 19~; County Tax nap No. 1000, Section 052, Block 05, Lot 23. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 26, 1990 7:35 p.m. Appl. No. 3962 - HAROLD GOPJ)ON. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 B, as existing residence. Proposed construction will have insufficient side yard setback(s). Property Location: 124 Hickory Avenue, Southold, County Tax Map No. 1000, Section 78, Block 7, Lot 50. 7:40 p.m. Appl. No. 3966 - PETER BLOOM. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, as disapproved, for permission to construct a deck addition to existing dwelling. Proposed construction will have insufffcient side yard sg~acks. Property location: 40 Old Shipyard Lane · 3mc1580 L~H~,~=~lieu, Southold; Cq'?Lx Tax~Ma~ No. 1000, ~ection 64, Block 2, Lot 53. ~Ex 7:45 p.m. Appl. No. 3964 - K~E~ MINNICK. special ~ ception to the Zoning Ordinance, Article III, Section 100-31 B(14), as disapproved, for permission to establish accessory a.partment in proposed additio? to existing one-family dwelling ~ structure. Property location. 3305 Aldrich Lane, Laurel, ~ ~ounty Tax Map No. 1000, Section 124, Block 1, lot 3.2. / Page 3 - Notiue of Hearings Southold Town Board of Appeals Regular Meeting of September 26, 1990 7:50 p.m. Appl. No. 3967 - KIM CAMPBELL. Variance to the Zoning Ordinance, Article III, Section 100-33, as disapproved, than the required rear yard area. Property Location: East End Road, Fishers Island, NY; County Tax Map No. 1000, Section 004, Block 004, Lot 016. 7:55 p.m. Appl. No. 3963 - FRANK CURRAN. Variance to the Zoning Ordinance, Article III, Section 100-30 A.4 (100-33) and Article XXIII, Section 100-239.4 B, as disapproved, for permission to construct an accessory building in an area other than the required rear yard area and with a setback of less than 75 ft. from.~ bulkhead. Property Location: 780 Ea~waters ~oad, (t~-conic Bay P£omerties S.u~li.'vision), Cutchogue, C~unty Tax Map No. 1000, Section 111, Block 1, Lot 16. 8:00 p.m. Appl. No. 3960 - THOMAS & ALLISON SARGENT. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, for approval of insufficient area, width'and depth of parcels, each with an existing single-family dwelling, in this pending division or reseparation of merged properties, and for Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 26, 1990 approval of reduced yard setbacks between existing structures lots will have insufficient width, this district. Property Location: Fishers Island, County Tax Map No. Lot 07. depth and total lot area for Private Road of Fox Avenue, 1000, Section 06, Block 06, 8:05 p.m. Matters of JAMES, PETER & CHRIS MESKOURIS. Appeals No. 3951 and 3957 - Variances to the Zoning Ordinance, Article IIIA, Section 100-30 A.3, Article XXIII, Section 100-239.4 (100-239d), and Article III, Section 100-31A, for proposed deck construction which requires approval as to insufficien~,qideyards, excessive lot coverage, and reduced setback from the ~um require~from the ordi-~rFhiqhwater mark of Long Island Sound, and for approval of this substandard _~vc~_l for ~ll~g use (as ~) (re-se~arat~ lots ~t are merged). Property Location: 1350 Sound Beach Drive, Mattituck, County Tax Map No. 1000, Section 106, Block 1, Lot 36 and Lot 37. Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 26, 1990 8:20 p.m. Appl. No. 3955 - DOMINICK SBLENDIDO & A. ~l~. V~m~~=~]l~l~l~all~, a~x~ TTT A, Sections 100-30A.2 (100-31A) and 100-30 A.3, Article XXIII, Section 100-230 (A), for interpretation regarding second kitchen and for permit concerning addition to the existing one-family dwelling for use as a second dwelling unit. 185 Inlet Lane, Greenport, County Tax Map No. Block 004, Lot 37. Property Location: 1000, Section 43, 8:55 p.m. Appl. No. 3938 - VILLAGE MARINE. Variances to the Zoning Ordinance, Article XI, Section 100-112, Article XII, Section 10071%1C(1), Article XXIII, Section 239.4, and Article XIX, for perm~sion to construct addition to existing principal building with insufficient setbacks from the bulkhead, the northerly (side) setback, and to locate boat storage structure [boat rack) with insufficient setbacks from the northerly (side), westerly, easterly property lines, and bulkhead. Also requested is relief, as may be deemed necessary concerning parking and/or landscaping under the current revisions of the site plan regulations. Zone District: Marine I (M-I). Property location: James Creek, east side of Bay Avenue, Page 6 - R~tice of Hearings Southold Town Board of Appeals Regular Meeting of September 26, 1990 ~atti~u=k,~Y; ~C~:)u,ni.z'P~J~a~)~i.~..i_---tlO00, S~=ti~n122, R~nck 3, 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 for your presentation will be available, if needed. information, please call 765-1809. Dated: September 6, 1990. For more ,.~Y ORDER ~OF THE SOUTHOLD TOWN BOARD OF APPEALS CHAIRMAN By Linda Kowalski FORM NO. 3 TO~,gN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL .× // Date ;.?/(./~ ................... ~9 ~'..~.. PLEASE TAKE NOTrCE that your application dated...Z~ ................. 19 ~. forpe~it to ~~~-- ~~-'.~.~~~/ ~~~~ ....... at Location of Property ,... moose ~o. Street ................. ~mlo~ County Tax Map No. 1000 Section ... ~ ~ .... Block ..... / ........ Lot .. ~ z.~ ..... Subdivision ................. Filed Map No. ~ ............... Lot No. ' is returned h%rew!th and disapproved on the following grounds..~t~/~... · ./~ ..... ~..-~ ...... , .... / .... ~ -~ .............. , ........ ~... ~ .~... ~T~.~.:. ~ .... ~ ............. '-~ ........ : .... ~~ ..... ~~.~ · · .~d. · ~ . . . ..... .... ............ RV 1/80 TOWN OF SOUTHOLD, NEW YORK ACCESSORY APARTMENT I ~z(/~.hq APPLICA XCEPTION JUL 1660 TO ~N~~ APPEALS, SOUTHOLD, NEW YORK: Application NO. J~ ~/ Date Filed: _~/~ :~/~0 House No. and Street (Hamlet, State, Zip Code) hereb~ appl~ ~o THE ZON]NG BOARD O~PEALS fo~ a SPEC]AL EXCEPT]pN in accordance with the ZONZNG ORDINANCE, ARTZCLE for the below-described property for the following uses and purposes: as shown on the attached plan drawn to scale. A. Statement of Ownership and Interest. known~a~l~Fj~r~red~Zt~]aJ)?6Kr~ ~o~ D')/~'~;ci~ . is (~re)the owner(s)of property (House No., Street, Hamlet) identified on the Suffolk County Tax Maps as District 1000, Section ?J~F Block /-~ , Lot ~ , Which is (is not) on a subdivision map (Filed ~p of "Filed M~ ). The above-described property was acquired by the owner on 0~. ~/ Iq~$ B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: C. In addition to meeting the standards prescribed by the zoning ordinance, the following requirements will be met: 1. The accessory apartment will be located only in the principal building. 2. The owner of the existing dwelling will occupy one of the dwelling units as the owner's principal residence. The other dwelling unit which is part of this application shall be leased for year-round occupancy, evidenced by a written lease for a term of one or more years, which will be filed annually. 3. The existing one-family dwelling shall contain not less than sixteen-hundred (1,600) sq. ft. of livable floor area. (continued on page two) Application for Special Page Two (continued) Exception Co 4. The accessory apartment shall contain not less than four-hundred fifty (450) square feet of livable floor area. 5. The accessory apartment shall not exceed forty (40%) percent of livable floor area of the existing dwelling unit. 6. A minimum of three off-street (on-site) parking spaces shall be provided as shown on the attached plan. 7. Not more than one (1) accessory apartment will be on this parcel] 8. The accessory apartment will meet the requirements of a dwelling unit as defined in Section 100-13 of the Zoning Code. 9. The exterior entry to the accessory apartment has not changed the existing exterior appearance of a one-family dwelling. 10. All exterior alterations to the existing building, except for access to the apartment, is made on the existing foundation as shown on the attached plans. ll. I understand that the Certificate of Occupancy will terminate upon the transfer of title or upon the owner ceasing to occupy one of the dwelling units as the owner's principal residence; and that in the event of the owner's demise, the occupant of the accessory apartment may continue in occupancy until a new owner shall occupy the balance of the dwelling or one (1) year from date of said demise, whichever shall first occur. 12. This conversion shall be subject to inspection of the Building Inspector and Renewal of Certificate of Occupancy annually. 13. The existing building which is converted to permit this accessory apartment has been in existence and has a valid Certificate of Occupancy issued prior to January 1, 1984, and attached hereto. 14. The existing building, together with this accessory apartment, shall comply with all other requirements of Chapter 100 of the Town Code of the Town of Southold. 15. This conversion for the accessory apartment shall comply with all other rules and regulations of the New York State Construction Code and other applicable codes. Do COUNTY OF SUFFOLK) STATE OF NEW YORK) ss.: Sworn to before me this /j-g~ day of ~ The property which is the subject of this ~pplication is zoned ~e~ - ~r and ~] has not changed since the issuance of the Certificate of Occupancy attached. [ ] has changed or received additional building permits, and Certificates of Occupancy for these changes are attached or will be furnished. , 19~~ . ZB5 2/6/86 TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIS'r. SUB. LOT . .,,:.,,~*-~v ; TYPE OF ' RES. ,2/~ SEAS. VL. FARM COMM. CB. MICS. Mkt. Value "-.' ', x ...... ": ~ND ,MP. TOTAL DATE R~R,$ ~'/,,/~..~ /~'~ 0 . Tillable FRONTAGE ON WATER . , Woodland FRONTAGE ON ROAD Meadowland DEPTH House Plot BULKHEAD : Total COLOR Extension i Extension Porch Porch Breezeway Garage Patio aa Bo Total Foundation Basement Ext. Walls Place Roof ?C, ~/~ Ill "~o ._._ Both Floors Interior Finish Heat Rooms 1st Floor Rooms 2nd Floor Driveway nov/ or formerlYvAcANTWilliam Ned°SzYtk° $chutte H. william 8 GeralSJtte ~oW or formerly ~ TEL ; ~ThomaS H. S. MaY' Jr, nov/ or formerly vAcANT KENNETH MINNICK sc. LE 1"=50' ~OAT~ JUNE24,1977 INa 77-42~ I I A-C R-80 ,\ PARCEL ~bENT~F~'AT~ON ~UEJ~EE E UC MOTTOLA PHILIP ........ CURRENT DATE - ]2108189 'RPsssoIvoZILO02 1989 TOTAL 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 October 30, 1990 Mr. and Mrs. Kenneth Minnick P.O. Box 201 3305 Aldrich Lane Laurel, NY 11948 Re: Appl. No. 3964-SE - Accessory Apartment Dear Mr. and Mrs. Minnick: Transmitted for your records is a copy of the official findings and determination in the above matter which was rendered by the Board of Appeals at our October 17, 1990 Special Meeting. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure Copy of Decision to: Southold Town Building Department 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 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS COUNTY OF SUFFOLK : STATE OF NEW YORK TOWN OF SOUTHOLD : ZONING BOARD OF APPEALS HEARING : OCT I Z t990 Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 September 26, 1990 7:30 P.M. BEFORE : GERARD P. GOEHRINGER, Chairman. BOARD MEMBERS: CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI~/~6.f~N'f' JAMES DINIZIO, JR. ALSO PRESENT: LINDA KOWALSKI, Board Secretary I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to speak in favor of the application? Is there anybody that would like speak against the application? from any Board members? Hearing no further questions, 11 to Any question make a motion closing the hearing and reserving decision until later. MR, DOYEN: Second. THE CHAIRMAN: All in favor? MR. DOYEN: Aye. MR. GRIGONXS: Aye. MR. DINIZIO: Aye. THE CHAIRMAN: Thank you for coming in. I hope to have a decision for you shortly. (Time noted: 7:45 p.m.) THE CHAIRMAN: The next appeal is Appeal Number 3964, in behalf of Kenneth Minnick. (Legal Notice read off the record.) THE CHAIRMAN: I have a copy and a set of plans. Presently on the property is a one-story frame home of ranch style, the parcel of approximately 139 by 273 plus. 2 3 4 5 6 7 8 9 30 11 13 14 15 16 17 18 19 2O 21 22 23 24 25 12 have requested this was we couple, that is a Section 8 known them for about a year having trouble with housing. recently met a couple. We have and they were We thought that, gee, maybe if it was feasible we would go into it. In the long term, we both have parents that are living out here that are retiring or are retired and in the future, at the rate that the taxes are going and expenses out here, we figured they are going to have to part with their home eventually to survive. So we figured we have a place where they could live too, and we thought we have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is there somebody that would like to be heard? MR. MINNICK: Kenneth Minnick. THE CHAIRMAN: Is there anything you would like to say for the record before I interrogate you? MR. MINNICK: Well, the reason why we 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 ~7 18 19 2O 21 22 23 24 25 13 would do a seasonal rental for them, too. THE CHAIRMAN: The only problem I have with the application is that there was no provision in the original special permit to allow for an addition to the dwelling itself. You have to utilize the existing footprint of the existing dwelling. MR. MINNICK: Yes. That was explained to us, but it was suggested we apply and convert the garage into an accessory apartment. THE CHAIRMAN: Can you do that? MR. MINNICK: We could, but that wasn't -- we wanted a separate entity. We wanted an apartment that had vision from the existing dwelling so there would be some kind of personal setting for anybody that lived in it. That's why we connected it with the breezeway. So it would be a separate unit. THE CHAIRMAN: The only one we ever granted is a utilization of a two-car garage. MR. MINNICK: We had thought possibly 1 2 3 4 § 6 7 8 9 ~0 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 14 we would put in for an expansion, an addition to the house which would be connected by the roof line and later apply. Then it would be an existing footprint. THE CHAIRMAN: The problem is the law reads it has to have a valid CO, before January 1, 1984. The purpose of that was to utilize all the existing structure first before we go into actually creating these apartments in newer structures -- dwellings, I should say. Where do we go from here? I know there is a need for affordable housing. Tell me. MR. that, too. MINNICK: We had looked into We looked into low-income housing loans and things like that, to try and even get the money to do this project. We had checked and found out that there was always something missing. We couldn't apply for it. After all avenues were exhausted and we couldn't get grants, was to try and go this way. said, the whole purpose -- our last resort But, like I right -- is for 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 15 family, ultimate immediate family, when you can't afford to live anymore to have a place. I didn't want to do it in the existing dwelling, if at all possible. That is why I am asking for the consideration on the separation. The property we are located on is residential and agriculture. If we did modify the existing garage and applied for a dwelling within it, then we would have to do a separate garage and we would still be encompassing the same amount of land at a later date. To do another two-car garage would take up the same amount of space as the addition would. THE CHAIRMAN: It would be unkind of me to have you leave here thinking you are half-way there or something in the nature, which you are not. We really can only let you utilize the garage. We have no problem with you constructing another garage, either attached to the house or detached from the house, as long as it is not in the side yard or the front yard. 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 16 At this point, the only thing I can offer to you is that if the Board is not so inclined to grant the addition that you want -- do you want us to consider the garage? MR. MINNICK: No. THE CHAIRMAN: Why don't you say something? put would not have been anyone. THE CHAIRMAN: MRS. MINNICK: went this way. MRS. MERRY MINNICK: We could have an addition on the house, but then it legal to rent it to That is correct. That is the purpose we THE CHAIRMAN: I understand that, but don't know how to explain this to you. It is not the way you should have gone. They should have told you you had to utilize the existing footprint meaning the existing house structure, because I assume it was built prior to 1984. MRS. MINNICK: Yes, it was before that. MR. MINNICK: Yes. The house was 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 17 built before 1984. THE CHAIRMAN: You have a valid CO on the house attached to it before January 1, 19847 MR. MINNICK: It was completed in '79 -- the CO. THE CHAIRMAN: So the house then qualifies. MRS. MINNICK: We met all the requirements except the fact that you could not legally rent and if we put an addition on you could not legally rent it in that area. THE CHAIRMAN: That is correct. Tell me what I can do, other than I am telling you we cannot give you the addition. We can possibly grant you a conditional permit based upon the fact that you have been utilizing the existing attached garage. You don't want to use the garage? MR. MINNICK: No. We don't want to pull anybody's leg and play the game and go with the wet bars. We figured that is not the purpose of all the zoning laws. We 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 18 figured we'd try it. If the Board feels that it couldn't be granted because of, like you say, the existing footprint, then it must be the Board's decision to find that way. THE CHAIRMAN: ! will tell you this. We.will review it with the Town Attorney before we make a decision to see if there is any possibility, and the law may be changed in the future. We have no idea. We have had some pressure in reference to that. When ! say "pressure," I am talking about people asking for additional things. As of to date, the only thing we have granted is a conditional relief, or what we refer to as a conditional special permit for the utiliza- tion of the garage. Thank you very much. Is there anybody else that would like to speak in favor of the application? Anybody that would like to speak against the application? Any questions from any Board members? Hearing no further questions, ! make 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 a motion closing this hearing decision until later. 19 and reserving MR. DOYEN: Second. THE CHAIRMAN: All in favor? MR. DOYEN: Aye. MR. GRIGONIS: Aye. MR. DINIZIO: Aye. (Time noted: 7:55 p.m.) THE CHAIRMAN: The next appeal is Number 3967, in behalf of Klm Campbell. (Legal Notice read off record.) THE CHAIRMAN: I have a copy of the site plan and a copy of the Suffolk County Tax Map indicating a parcel of 4.3 acres which is on the water. The site plan indicates a proposed garage in the front yard area. Our Fishers Island consultant and member of the Board, Mr. Doyen, has brought us pictures from Fishers Island indicating the approximate placement of this particular proposed garage. Is there anybody that has an interest in looking at them in the audience? Seeing no hands, is there anybody 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. DINIZIO: THE CHAIRMAN: All MR. GRIGONIS: Aye. MR. DOYEN: Aye. MR. DINIZIO: THE CHAIRMAN: for coming in. (Time noted: Second. in favor Aye. Thank you very much 8:20 p.m. ) I, GAIL ROSCHEN, do hereby certify that I am an Official Court Reporter and that the foregoing constitutes a true and correct transcript of the Southold Town Zoning Board of Appeals hearing 1990, according to my stenographic of September 26, notes. GAIL ROSCHEN Official Court Reporter 37 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the 'l~wn of Southold, the following hearings will be held by the SOUTHOLD ~ BOARD OF APPEAL~ at a Regular Meeting, at the Southold Town Hail, Main Road, Southold, NY 11971 on WEDNESDAY, SEPTEMBER 26, 1990, at the-following ~imes: 7:30 p.m. Appl. No. 3961- VENETIA McKEIGHAN. Var- Artl~ Ili, Section 100-33, as disapproved, for permission to (gazebo) in an area other than the required rear yard. Proper- ty location: 495 Bayview Ave* Map No. 1000, Section 052, Block 05, Lot 23. 7:35 p.m. Appl. No. 3962-- HAROLD GORDON. Variance to the Zoning Ordinance, Arti- cle XXIV, Section 100-244 B, as disapproved, for permission to construct an (deck) addition to existing residenc~ Proposed construction will have insuffi- cient side yard setback(s). Pro- perty Location: 124 Hickory Map No. 1000, Section '/8, Block 7, Lot 50. · TM ~ 7:40 p.m. AppL N~ ~966__ PETER BLOOM. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, as dis- approved, for permission to construct a deck addition to existing dwelling. Proposed con- struction will have insufficient side yard setbacks. Property location: 40 Old Shipyard Lane and 580 UHommedieu, Southold; County Tax Map No. 1000, Section 64, Block.2, Lot 53. ~ 7:45 p.m. AppL No. 3964-- '~ I KENNETH MINNICIC Special ~ Exceptiou to the Zoning Ordi- ~ JL uance. Article III, Section J 100-31 B(14), as disapproved, forj ~ permission to establish acces- J sory apartment in proposed ad- I dition to existing one-family ] dwelling structure. Property ] location: 3305 Aldrich Lane, Laurel, County Tax Map No. ~ 1000, Section 124, Block 1. ~ 7:50 p.m. APpl.No. '3 6 KIM CAMPBELL. Variance to the Zoning Ontin~nce. ~r~cle III, Section 100-33, as disap- proved, for permission to con- area other than the required rear yard area. Property Location: East End Road, Fishers Island, NY; County Tax Map No. 1000, Section 004, Block 004, Lot 016. · "l 7:55 p.m. Appl. No. 3963-- ~ FRANK CURRAN. Variance to the Zoning Ordinance, Article ~ Ill, Section 100-30 A.4 (100-33) and Article XXIII, Section 100-239.4 B, as disapproved, for other than the required rear yard area and with a setback of less than 75 ft. from the bulkhead. Property Location: 780 Hay- ''.. raters ~Rgad, (Pec0nic ' Bay Properties. Subdivision), Cut- chogue. County 'Pax Map No. concerning addition to the e~ist- 16~.'00 p.m. Appl. No. 3960-- ing one-family dwelling for use as a second dwelling unit· Pro- THOMAS & ALLISON SAR- perty Location: 185 Inlet lane. GENT. Variance to the Zoning Oreenport, County Tax Map Ordinance. Article III A, Sec- No. 1000, Section 43, Block 004, tion 100-30A.3, for approval of L~37. , ~. '= ~ imufficient met, width and '' ' ~:55 p.m. APpl. No, 3938-- depth of parcels, each with an ¥1LLAOE MARINE, Variaoc~ existing single-family dwelling, to the Zoning Ordinance, Arti- in this pending division or re- de XI, Section 100-112, Article separation of merged properties, XII ' ' and for approval of reduced ~,! ~ ~ ~y~llSe~.~il_00~.l~l~lC.(1)' ~Ar?c.l.e -. yard setbacks between crusting ,Cie XIX. for perm/~ion to con-- structures and property I/nes, as · i: Struet addition to ~stm8 pnn- .p, ropo~sed..Pr0Pos...e~i'construc.- ~ ~: c/pai building with insufficient tion o~ new ~ots wm nave insug- -~backs from th area tilt tins dismct. Property maintaining the nonconforming Location: Private Road of Fox. northerly (*/de) setback, and ~ Map No. 1000, Section 06. '~ 'ghost r~kl wi~h [n*.l~,,~n~ ~ Block 06, LOt 07 ~' "'~ '~ ba'-~- '-- '' ............ : ~" ., _~. .. ks from the northerly (s~de) RIS. relief, as filny be deemed neces- Appeals No. 3951 and 3957-- sary concerning perking and/or Variances to the Zoning Ordi- landscaping under the current nance, Article IliA, Section revisions of the site plan regu- 100-30 A.3, Article XXIll, Sec- lations. Zone District: Marine I tion 100-239.4 (100-239d), and (M-I). Property location: James Article III, Section 100-3lA, for · Creek, east side of Bay Avenue, proposed deck construction .~i !iMattituck, lq~ County which requires approval as to in- .i Map District 1000, Section 122, Sufficient sideyards, excessive lot Block 3, Lot 15·L . ,! coverage, and reduced setback ~' Th ' · Board of Appeals will at from the minimum required said time and place henr any and from the ordinary highwater . ii sil persons or representatives de- . mark of Long Island Sound, = ? siring to be heard in each of the andforappmvalofthissubstan- -above matters. Written com- dard parcel for dwelling use (as ments may also be submitted exists) (re-separate lots that are 'prior to the conclusion of the merged). Property Location: subject hearing. Each hearing 1350 Sound Beach Drive, Matti- ' .~ will not start before time allot- tuck, County Tax Map No. ~d. Additional time for your 1000, Section 106, Block 1~ Lot ,. oresentation will be availahl 'f . 8:20 p.m. AppL No. 3955-- '., Dlense'call 7'~* ~o,m the Zoning Ordi.ance. A icle E SOu ........ ' THOLD TOWN Iii A, Sections 100-30A.2 ~, . ~'~"~O~nOFAPPEALS C100-31A) and 100-30 A.3, Arti~ GERARD P. GOEHRINGER cie XXIII, Section 100-230 (A), CHAIRMAN J'or interpretation regarding se- · ~' ' By Linda Kowaiski coad kitchen and for permit IX, 9/20/90 (35) Copies of Legal Notice to the following on or about Septem- ber 17, 1990: Mr. and Mrs. Harold Gordon 124 Hickory Avenue Southold, NY 11971 Mr. K.T. Grathwohl, Jr. Willow Pond Lane Southold, NY 11971 Mr. and Mrs. Peter Bloom 135 Pacific Street Brooklyn, NY 11201 Mr. and Mrs. Kenneth Minnick 3305 Aldrich Lane P.O. Box 201 ~ Laurel, NY 11948 Mr. Jacobs Albert James V. Righter Architects, 58 Winter Street Boston, MA 02108 Inc. Enviror~ent East, Inc. 3075 Indian Neck Lane Peconic, NY 11958 Michael N. Hills, Esq. 206 Roanoke Avenue Riverhead, NY 11901 Mr. James Fitzgerald Proper-T Services P.O. Box 617 Cutchogue, NY 11935 Philip J. Cardinale, Esq. Cardinale & Cardinale P.O. Box W Jamesport, NY 11947 Charles R. Cuddy, Esq. P.O. Box 1547 180 Old Country Road Riverhead, NY 11901 Mrs. Venetia McKeiNhan 495 Bay View Avenue Southold, NY 11971 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11g71 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. Date: September 26, $.E.Q.R.A. UNLISTED ACTION Notice of Determination of Non-Significance TELEPHONE (516) 765-1809 1:990 Appeal No. 3964 SE Project/Applicants: Kenneth & Mary L0u Minnick County Tax Map No. 1000- ]24-]-3.2 Location of Project: 3305 Aldrich Lane, Laurel Relief Requested/Jurisdiction before this Board in this Project: ~Ges~0~y ApQrt~ent ~ is moulce is tssuea pursuant to Part 617 of the implementing regUlations pertaining to Article 8 of the N.Y.$. 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, and: { X } this Board assumes Lead Agency status and determines this project to be an Unlisted Action (uncoordinated) noting these findings: { } the project is proposed in an area with land contours 10 or more feet above mean sea level; { bulkheaded; } the area seaward of the proposed construction is { } the project is proposed landward of existing structures; { } this Board does not wish to be Lead Agency since the area of jurisdiction is minimal and not directly related to new construction (such as nonconforming use variance or use permits); { } this Board wishes to assume Lead Agency status and urges coordinated written comments by your agency to be submitted within the next 20 days. For more information, please contact our office. Copies to: Planning Board, Town Trustees, N.Y.S.D.E.C. Suffolk County Department of Health Services. and/or mc $outhold Town Board of'Appeals TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAME~ DINIZlO, JR. Date: September 26, l$90 S.E.Q.R.A. UNLISTED ACTION Notice of Determination of Non-Significance - Appeal No. 3964 SE Project/Applicants: Kenneth & Mary L0u Minnick County Tax Map No. 1000- ]24-]-3.2 Location of Project: 3305 Aldrich Lane, Laurel Relief Requested/Jurisdiction before this Board in this Project: ~¢es~0Fy Apartment . is No~lce lS lssuea 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, and: { X } this Board assumes Lead Agency status and determines this project to be an Unli~/ed Action {uncoor~n~ted) not~ng these findings: {x} the project is proposed in an area with land contours 10 or more feet above mean sea level; { ~} the area seaward of the proposed construction is bulkheaded; { ~} the project is proposed landward of existing structures; { } this Board does not wish to be Lead Agency since the area of jurisdiction is minimal and not directly related to new construction (such as nonconforming use variance or use permits); { } this Board wishes to assume Lead Agency status and urges coordinated written co~aents by your agency to be s,~h~itted within the next ~D aays. For more information, please contact our office. Copies to: Planning Board, Town Trustees, N.Y.S.D.E.C. Suffolk County Department of Health Services. and/or mc ^PPEAI~ ~OARD ~dB~ Gerard P. Goeluinger, 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 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 recently 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. ·lease f~elfreetocallour off/~e ~rior to,he h~aring date if you have questions or wish to update your file. ~fours ~ery tru/y, 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 Southold, New York 11971 FAX (516) 765-1823 TELEPHONE (516) 765-1801 TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS FROM: JUDITH T. TERRY, SOUTHOLD TOWN CLERK RE: ZONING APPEAL NO. 3964, KENNETH & MERRY LOU MINNICK DATE: JULY 23, 1990 Transmitted is application for special exception submitted by KENNETH & MERRY LOU MINNICK together with Notice of Disapproval from the Building Department; notification to adjacent property owners; short environmental assessment form; Zoning Board of Appeals Questionnaire form; Certificate of Occupancy from the Building Department; survey of property; Deed; and floor plans. Judith T. Terry Southold Town Clerk 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 Southold, New York 11971 Fax (.$16) 765-1823 . Telephone (516) 765-1800 AugUSt 28, 1990 TO WHOM IT MAY CONCERN: Our Regular Meeting of September 6, 1990 has been cancelled, we will be rescheduling another meeting date sometime in the middle of September. If you have any questions please call this department at (516) 765-1809. Yours very truly, Gerard P. Goehringer Chairman By Doreen Ferwerda J Appencli: Slate Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONs Only PART I--PROJECT INFOR~,IATION (To be completed by ADDllcant or Prelect soonsor) SEQR 10. CCES ACTIDti If~VOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMAtELy FROM ANY OTHER GQVERNMENI'AL AGENcy (FEOERAL, ANY ASP CT CF THE ACTION HAVEA CURRENTLY VALID PERM T OR APPROVAL? _ the action ~s in the Coastal Area, and you are a stale agency, complete Ih~ Coastal Assessment Form betore proceeding wilh this assessment OVER ~ 1 (Continued on re:zerse slde) /a~ln-order ~o answer the questions in thiTshort (c) If all questions have been Environmental As~se~en~ 8. Will project have a major effect on visual char- 10. Will Project have a m~jor effect on existing or~ 12. Will PrOject regularly cause objectionable FOB~ NO. & TO~N OF $OUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N. Y. Certificnte Of Occupnncy No...Z. 9..3.9.6. .... Date January 18 19. 79 THIS CERTIFIES that the building located at .3.3.0.5...A.l.d..r.i.c.h...L?rn..e' ....... ~F~xxx Map No ............. Block No ........... Lot No .................................. conforms substantially to the Application for Building Permit heretofore filed in this office dated ....J..u~..e...2..7 ......... , 19.7..7. pursuant to which Building Permit No...9.3.5.&.Z.. dated .... J..u~..e....2.7. ......... , 19..7.7., was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is ........... .P.r.i.v..a.t.e...~..e..F..am..i.ly...Dw..e.l.l.~n. g ............................. The certificate is issued to ......... .I{~.r~..e.l;]~. ~r~.i.c.k. ............................ (owner, ~ of the aforesaid building. Suffolk County Department of Health Approval December 22, 1978 7-S0-89 ................ R6bb'~ ' A'.' 'VilI~ ' ' N418081 UNDERWRITERS CERTIFICATE No ............................................. HOUSE NUMBER 3305 Street Aldrich Lane. York ........ Building Inspector County Tax Number 1000-124-1-3.2 T['I~ INDF. NTUR~ made the._~ day of October , nineteen hundred and seventy-three BE"rWZEN AGNES CATALANO, residing at 28 ~oval Court, Brooklyn, New York, party of the first part, and K~NNETH Iv~NNICK, residing at Drive, Aquebogue, New York, (no number) 0verlook ~arty of the second part, ~fI'I'I~E.~..~"I'~ that the party of the first part, in consideration of ONE AND NO/100 ($1.00)- dollars, lawful money of the United States, and other good and valuable consideration, paid by the party of the second part, does 'hereby grant and release unto the party of the second part, the -heirs or successors and assigns of the party of the second part forever, ~ that certain plot piece or parcel of land, ~~~l~l~.v-~li~rel~l, situate, lying andb~ing J~ at I,~ttrel, Town of Southold,_County of Suffok and State of New York, bounded and described as follows: BEGINNING at a point set on the West side of Aldrich Lane, distant 3303,59 feet northerly when measured along the westerly side of Aldrich Lane from the intersection of the northerly side of Hain Road (N.Y.S.Route 25) and the westerly side of Aldrich Lane; and runntng thence South 76° 39' 00" West 301.13 feet along other lands of the party of the first part herein, to a point; running thence 'Still South 76° 39~'00" WeSt 273.78~rfeet along land of Henry W. .Schutte and Geraldine,Schutte, his;wife, to a point and land now or formerly of William Nedoszytko; runnin§ thence along said land North 19~ 47' 00" West 164.99 feet, to a, monument ;"r}mning thence NOrth:76° 39' 00"East 274.90:feet along other land ho~' Or formerly oi-Willi,, NedoszYtk0,' to a~point; 'runn;Lng thence South 19~ 24~ 00" ,East?139,73 feet along othe~land of the party of the first part, to ' · r 6° :a poEut, runnEug, thence No th 7 · 39~ 00" East 301.13 feet, still ,'along other laRdof the party of~ the first part to a point lying on ;the''west~ ~de ~6~ldrich 'Lane; and ~rurming ~thence~ South 19': 2~' East 25'[14 ~ie-~t -along th~WeSif' side of 'Aldri~h-Lan~~: tO- the point or BEING ~ ~DXO';BE? portion/ of,~h![p~sea ~veyed to the ~n'd~"~d~6rd~d'u~ ~t~e~S:~ff~ c0~'y :C~k~ 'O~iice ,on "Ap=%~ .19, 1972, &le6:~c&f lt~e r~nsta~led ~ or ~tO~bd~tnstalle~ ~alons~a po:t~ ot the property of Henry W. Schutte and Geraldine Schutte adjoining the w~.thin:lpremisew on,the.South..: ~. sUB~ igh .... ~ '~ ECT to r t-of-way for ess~and e tess and for elect lines .in, favor of the premises,;to/the North. over th~'.C portion of the within Premises being 25.14 feet'in width along ;the :West side of .Aldrich' ~Lan~. ~o ~-~ distant:;of. 301 ~ 13 feet, ,N~W .V.r~ ~.~ ~ ~,,~ Ct'~ .~'tT"~- ?.~ ~0ucnold; ...... , -~ ~nu-aha ~o rece{Ve;~,~,Si~raci,~, the party of the sec~d ~atc's h~ ~-~---. .. __~-~. ,-~ ~.._,, -~-.o~ ~ an~ to that ~ar-~l S~JE~ co zgn~ng prdinances and regulaci~s of the T~ of Sou~hold. :'~ ~ ; '~'~J :~' ~i ~C['~ ~'~ ;i-~ -:~ ~ ,:'h~;'~ ' ~;~'~: ' : ~ ~: .v, '~:: ~ ;~ ~J ~"' ~io::~: ]'~uq TOC~KI'IIER with allri~)title and inte~st: i;~, of the party of part in and to any streets and roads abutting the above described premises to the center lines thereof, T~ with the appurtenances and all tF '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 par~, the heirs or successors and assigns of the party of the second part forever. AND the pa~ty of the first part covenants that the party of the first part has not done or suffered anything whereby ~the sai~ premise? have been incumbered in any 'w~y 'whatever ~.xCep~ as aforesaid~'~~ AND the party of the first part, m compliance with Section 13 of the Lien L~w eovenants p~Xty of ; ~ ~:~ · .... i~ ~, , , ,~ that the the first,part,will receiv~ the consideration for this conveyancc and will liold the Cright't? receive such consid- eration as a trust fund to he applied first for the purpose of paying the cost of the improvement and will apply 'the same first to the payment of the cost of the i~proveme~t bef0r~: using any part of the total of the same for any other.purpose. : ~ The word party shall be construed as ii it read ,parties" whenever the sense of this:indenture so requires. IN ~l'l-lqE,~ WHERF..OF, the party of ihe'fi~.s~: ~r~ has duly exerted this deed the day and Year first above On the -~ dny of October, 1973 , before me personally came AGNES CATALANO to me known to be the individual de.~a'ibed in a~d who executed the foregoing instrument, and acknowledged that she executed the same. ' ~ Public, State of.Jqew qualified in ~nfs Coenty STA~! OF NEW YOl~ COUHT~OF ........ On the day Of 19 ; before me personally came to me known, wh°, being by me duly sworn, did depose and say that he resides 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 seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. STATE OF NEW YORK, COUNTY OP ~ ss: On the day of 19 , before m~ personally came to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. SYA~I OF.H~V.YORI~ COUNTY OI On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. ; that he i~s the ' of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it-was so affixed by order of the board of directors of said corpora- tion, and that he algned h name thereto by like order. AGNES CATALANO SECTION ACTS LG !i T, B,.o= tOT COUNTY OR TOWN TO KENNETH MINNICK TITLE GUARANTEE- NEWYORK . A~c°" coMm.'W · NOV 9 Recorded At Request of Tho Title Guarantee Company RBTURN BY MAlL TO: QUESTIO];NAIRE TO BE C©:.IPLETED AND SUB:IITTED ~ITt! Y~DUR ~PPL£~-~ ION ["O[U.I~ '['O 'L'HE B~):\RD ~)L" AUPEALS 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 a'lter land contours? 2.a)Are there any areas which Contain wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference.) b)Are there any areas open to a waterway without bulkhead? 3. Are there existing structures at or below ground level, such as patios, foundations, etc? 4. Are there any existing or proposed fences, concrete barriers, decks, etc? If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground level? State total: __ ft. e If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total: ..... ft. 7. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Are there any building permits pending on this parcel (or abutting land under your ownership, if any)? State Permit ~ and Nature: Yes Yes Yes Yes No Yes N~ Yes ~ Yes Yes Do state whether or not applications are. pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning Board Town Board Town Trustees County Health Department Village of Greenport N.Y.S.D.E.C. Other 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or pu~rchasers and conditions of sale. (from cqntract) 11. Is new construction proposed in the area of contours at 5 feet or less as exists?' 12. If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have ..you made application to the Town Trustees for an inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? 13. Please list present use Or operations conducted upon the subject property at this time ~%~/ _. and proposed ._ /~.3~<~.~ ~-~.~. ~ease submit photographs ~or tt~e ~ec°ra. Yes Yes Yes Yes Yes Yes Yes Yes ~ Yes I certify that the above statements are true and are being submitted for reliance by the Board of Appeals in considering my application· $~gna~r~ ~'~Proper~y Own~er;/ ~u~aor" ~z~ Agent; 1/88 WETLANDS [Amended H-2fi-7G ~5 hy ~ ~o. 6-1985]; A. TIDAL W~TI,AXDS: (1) All la~ds ~ene~nll>. cnver~.d or intermittently ~'~v. ered wit~. or w ~ ch bord,,r on, tidal wu~mt, or land~ lyin~ beneath tidal waters, which a~ mean Iow title . are covered by tidal writers to a mRximum depth of five (5) feet. including hut not limited to bank~. bo~s. salt marsh. Swamps. meadows, flats or Other low lying lands subject to tidal act/on: (2) All banks, bogs. meadows, flats und tidal marsh subject ~ such tides and Upon which grows or may grow some ar any of the fi)llowin~: salt hay, black grass, saltwort, sea lavender, tall cordgra~, high bush. cattails, groundsel, maruhmallow and Iow march cordgrass; and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection At2} and lyin~ w/thin seven- ty-five (75) feet landward of the most landward ~ge of such a tidal wetland. ~RESItWATER WETLANDS: (1) 'Freshwa~r wetlands" us defined in Article 2,1. Ti- fie 1, ~ 24~i07, Subdivisions l(a) ~ l(d) inclusive. of the Environmen~l Conservation ~xv of the Sta~ of New York; and (2) All land immediate& adjacent t~ :t "freshwater wet- land," as defined in .-qubseetion B(1) and lying w/th- in seventy.five (7,5) feet landward of the most land- ward edge of a "fi'esh water Xvetland." 970fi 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. That it is the intent~ of hh~e undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance)~e~ial Excepti~h~ (Special Permit) (Other) [circle choice] 2. That the property which is the subiect of the Petition is located adiacent to your property and is des- cribed as follows: ~/~S~ cie 7~C~ O. ~ ~'e-o~e~f~ ~:t~d t~C~rc~/ k0 U D% ~;c./d-_ 3. That the property which is the subiect of such Petition is located in the following zoning district: 4 That bI such Petition, the undersigned will request the following relief: 5. That the provisions of the Southold Town Z~ning Code applicable to th~f sought by the under- signedare Article ~/~ Section /Od,~ /-3 I~ r [ ] 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 ma)' then and there examine the same during regular office hours. (516) ?~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. Petitioner Owners ' Names: Post Qffice Address , [tax Tel. No. [Copy of sketch or purposes.] plan showing proposal to be attached: for~.convefl~ence ~.R-~-"f~F~ 58 299 RECEIPT FOR CERTIFIED MAIL ] P 099 ~58 298 RECEIPT FOR CERTIFIED MAIL (See Reverse) "4~ p 099 158 297 a RECEIPT FOR CERTIFIED MAIL PROOF OF MAILING OF NOTICE TACH CER'f'IFIED MAIL RECEIPTS ADDRESS STATE OF NEW YORK COUNTY OF SUFFOLK ~cct ¢ ( ./ ~h~ , being duly sworn, deposes and says that on the I.~ day of ~t~ / . 19 ~O , deponent mailed a true copy of the Notice set forth on the re- verse side ~ereof, d~rected to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresse~ of said persons as shown on the curre~ asse~%mefft roll of the Town of Southold; that said Notices were mailed at the United 5tares Post Of- rice at ~~ f~ ;tha~ said Notices were mailed to each of said persons by (certified) (registered) ~ail. dayof ~.~,_ ,19 ¢~ Notary Public ¢ No. 52'4&7~634 Ot,~t. in Suffolk Co. C~mm~'-mn E~tre* March 30, lg;~,g~ (This side does not have to be completed on form transmitted to adjoining property owners.) r