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HomeMy WebLinkAbout3884 Southold Town oard of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOL. D, L.I., N.Y. llg'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. ACTION OF THE BOARD OF APPEALS Appl. NO. 3884 Matter of DICKINSON/THOMPSON. Variance to the Zoning Ordinance, Article I, Section 106-20, (Article III, Section 100-32), for approval of insufficient are in this pending division of land and bulk and Parking regulations. Property Locatio: Main Bayview Road, Southold, County Tax map No. 1000, Section 078, Block 09, Lot 30. WHEREAS, a public hearing was held and concluded on December 19, 1989 in the matter of the Application of DICKINSON/THOMPSON under Appeal No. 3884; 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 northwest side of Main Bayview Road, Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 078, Block 09, Lot 30. 2. This is an Application for Variances from the Zoning Code Article I, Section 106-20, (Article III, Section 100-32), for approval of insufficient are in this pending division of land and Bulk and Parking regulations. Page 2 - Appl. No. 3884 Matter of DICKINSON/THOMPSON Decision rendered January 22, 1990 3. Article III, Section 100-32, No building or premises shall be used and no building or part thereof shall be erected or altered in the Agricultural-Conservation District and in the Low-Density Residential R-80 District unless the same conforms to the Bulk Schedule and Parking Schedule incorporated into this chapter with the same force and effect as if regulations were set forth herein in full, as well as to the following bulk and parking requirements: 4. The subject premises for the proposed Division of land is known and referred to as being 22,898 sq. ft. on the southeast side and 22,910 on the northwest of Main Bayview Road. 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 the dividing the land in any other location on 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 Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to GRANT a Variance in the matter of the application of DICKINSON/THOMPSON as applied under Appeal No. 3884. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen and Dinizio (Absent Joseph Sawicki). This resolution was duly adopted. df GERARD P. GOEHRZNGER~,/fHAIRMAN Southold Town Board of Appeals MAIN ROAD ' STATE ROAD 25 P.O. BOX 1179 $OUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1800 FAX NO. (516) 765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. 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, DECEMBER 19, 1989, at the following times: 7:30 p.m. Appl. No. 3870 - MA'i"I'HEW CUSUMANO. Variance to the Zoning Ordinance, Article XXIII, Section 100-239d, (Article IIIA, Section 100-30 A.3) as disapproved, for permission to construct a deck and other additions, proposed construction will be less than 75 ft. from water or wetlands and will have insufficient front and rear yard setbacks. Property Location: 435 Briarwood Lane, Cutchog~e, County Tax Map No. 1000, Section 136, Block 01, Lot 01. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of December 19, 1989 7:35 p.m. Appl. No. 3868 - NICHOLAS NICKOLAUS. Variance to the Zoning Ordinance, Article XXIII, Section t00-239d A, as disapproved, for permission to construct addition to existing one family dwelling and accessory building, proposed construction is less than 100 ft. from bluff of'Sound in this R-80 Zone District. Property Location: 17555 Soundview Avenue, Southold, County Tax Map No. 1000, Section 51, Block 1, Lot 2. 7:40 p.m. Appl. No. 3881 - WARREN AUGENTHALER. Variance to the Zoning Ordinance, Article III, Section 100-33, for permission to construct accessory building in frontyard area. Property Location: 7225 Nassau Point Road, Cutchogue, County Tax Map No. 1000, Section 111, Block 15, Lot 12. 7:45 p.m. Appl. No. 3893 - MICHAEL AND CLAIRE GLEW. Variance to the Zoning Ordinance, 280-A Approval of Access Right-of-Way, (Article XXVIII, Section 100-281 B, construct a % one family dwelling). Proper.ty Location: 61339 Main Road, $outhold, County Tax Map No. ~000, Section 56, Block 1, Lot 41. Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of December 19, 1989 7:50 p.m. Appl. No. 3873 --.VINKO NALETILIC. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, for permission to construct a deck addition, construction exceeds permitted lot coverage of this R-40 Zone District. Property Location: 780 Orchard Street and 1300-2nd Street, New Suffolk, County Tax Map No. 1000, Section 117, Block 7, ~ot 22. 7:55 p.m. Appl. No. 3879 - CHARLES MALONE. Variance to the Zoning Ordinance, Article XXIII, Section 100-230C (1), 100-231 A., for permission to construct a 6 ft. fence in frontyard area, fence exceeds 4 ft. in height. Property Location: 358 North Sea Drive, $outhold, County Tax Map No. 1000, Section 54, Block 5, Lot 19. 8:00 p.m. Appl. No. 3886 - ROBERT STAPLES. Variance to the zoning Ordinance, Article XXIII, Section 100-239d (C), for permission to construct a new dwelling adjacent to freshwater wetlands in this R-40 Zone district, proposed dwelling will be closer than 75 ft. from freshwater wetland. Property Location: 785 Wilmarth Avenue, Greenpo~t, County Tax Map No. 1000, Section 41, Block 1, Lot 7. Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of December 19, 1989 8:05 p.m. Appl. No. 3894 - JOSEPH AND LAWRENCE PEARLSTEIN. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B, for permission to construct deck addition with insufficient front yard setback. Property Location 2225 North Sea Drive, Southold, County Tax map No. 1000, S~ction 54, Block 04, Lot 23. 8:10 p.m. Appl. No. 3891 - ANTHONY BOLLETINO. Variance to the Zoning Ordinance, Article III, Section 100-33, for permission to construct an accessory shed and gazebo in front yard area. Property Location: 16705 Main Road, Route 25, East Marion, County Tax Map No. 1000, Section 23, Block 1, Lot 14.6. 8:15 p.m. Appl. No. 3888 - ERNEST TARMIN. Variance to the Zoning Ordinance, Article III, Section 100-33, for permission to construct Accessories; pool, tennis court and shed in front yard area. Property Location: 29823 Row off Main Road, Orient, County Tax Map No. 1000, Section 14, Block 2, Lot 1.10. Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of December 19, 1989 8:20 p.m. Appl. No. 3887 -'~MARK AND ELLIE GORDON. Variance to the Zoning Ordinance, Article III, Section 100-33, for permission to construct a tennis court in frontyard area. Property Location: 1019 Private Road #7 Fords Road, Southold, County Tax Map No. 1000, Section 87, Block 1, Lot 18.4. 8:25 p.m. Appl. No. 3891 - ELIZABETH JOhqNSTON. Variance to the Zoning Ordinance, Article III, Section 100-32.4 (A), for permission to construct a lap pool, accessory pools not permitted in frontyard area. Property Location: Row off Oregon Road, Cutchogue, County Tax Map No. 1000, Section 073, Block 02, Lot 01. /-~8:30 p.m. Appl. No. 3884 - DICKINSON/THOMPSON. Variance to the Zoning Ordinance, Article I, Section 106-20, (Article III, Section 100-32), for approval of insufficient area in this pending division of land and Bulk and Parking regulations. Property Location: Main BaYWiew Road, Southold, County Tax Map No. 1000, Section 078, Block ~_Q9, Lot 30. Page 6 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of December 19, 1989 8:35 p.m. Appl. No. 3889 --TIMOTHY AND GEORGE WELLS. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, Bulk and Parking Regulations, [Article I, Section 106-20), for approval of insufficient area in this pending division of land. Property Location: South Harbor Road, Southold, County Tax Map No. 1000, Section 075, Block 07, Lot 1.~, 1.4, 1.5. 8:40 p.m. Appl. No. 3890 - WALTER GLASSER. Special Exception to the Zoning Ordinance, Article IX, Section 100-91, for permission for change of use from Place of Worship to Office/Apartment. Property Location: 475 Beckwith Avenue, Southold, County Tax Map No. 1000, Section 061, Block 1, Lot 25. 8:45 p.m. Appl. No. 3882 - BIDWELL WINERIES. Special Exception to the Zoning Ordinance, Article III, Section 100-30, for approval of consumer tasting and retail sales from the Winery. Property Location: Route 48, Cutchogue, County Tax Map No. 1000, Section 96, Block 4, Lot 4.3. ~age 7 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of December 19, 1989 8:50 p.m. Appl. No. 3896 --JERRY GAMBONE AND KES ZAPKUS. Special Exception to the Zoning Ordinance, Article IX, Section 100-91, for permission to have Office/Retail business on first floor and residential rental apartment on second floor. Property Location: 55415 Main Road Southold, County Tax Map No. 1000, Section 62, Block 1, Lot 12. 8:55 p.m. Appl. No. 3872 - COMPASS TRANSPORTS. Resolution to conclude hearing in its entirety. 9:00 p.m. Appl. No. 3770 - PORT OF EGYPT. Proposed motion of the Board to re-open said hearing closed on November 8, 1989. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before time allotted. Additional time for your presentation will be available, if needed. For more information, Please call 76~-1809. Dated December 4, 1989. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Location of Property ....... . .~.%~.~....~..~...~/~.~..~.d .... ~.~ ....... House No. I Street ' ' Hamle~ County Tax Map No. I000 Section .... ~ .~ ..... Block .... ~]~ ...... Lot .. ~ ........ Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the follow~g grounds..~. ~. ~ ' /~- ~ * ...... , Building Inspector RV 1/80 TOWN OF $OUTHOLD,~I~ I:' D APPEAL FROM DECISION OF BUILDING INSPECTOI~[P 2! 1989 APPEAL NO. '-~ ~outhold Town ~rk DATE .............................. TO THE ZONING BO~RD OF APPEALS, TOWN OF S~THOLD, N, Y, ~, (w~) ~..~.~..~ ........... of ..~.~y.~..~ ............................ Name of Appell~t Street and Number ...... ~ ............. .~~ ........................................................... ~..~. ......... HEREBY APPEL TO Municipoliff State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON ---- APPLICATION FOR PERMIT NO ..................................... DATED ............ : ........... ~....~. .................. WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of ...... _ _ .............................................................. Street and Number MUnicipality State () PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ..... ~,/~,,,~,.~,(/Z~,.,~,,~,~, ........................ ,,~,.,-,,,~,,a, S freer Use District on Zoning Map ................. Curr n Mop No. Lot No, 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 ) 3. TYPE OF APPEAL Appeal is made herewith for (~) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. ~6 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (.he~ (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for o special permit ( ) request for o variance and was made in Appeal No ................................. Dated ...................................................................... ( ) (X) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that Appellants, jointly and severally, seek Town approval division involving two lots with insufficient area. of a property ~rm (Continue on other side) REASON FOR APPE~L~" Continued 1. STRICT APPLICATI0~ OF THE ORDINANCE would produce practical difficulties or unn~es- sory HARDSHIP beca~s~ The proposed property division has been recognized by County, State and Federal agencies since 1977 (copies of 9/29/77 deeds[2] are enclosed with this application). Appellants Dickinson and Thompson have each been assessed for and have each paid taxes on separate residential lots for the past 12 years, assuming the rights, privileges and responsibilities associated therewith. Strict application of the ordinance would deny Appellants an opportunity to legitimize this division of their properties with the Town of Southold. The Zoning Board's granting of this variance request would allow the Town Planning Board to process Appellants' application for subdivision approval. 2. The hardship created is UNIQUE and isnotshored by all properties alike in the immedi~e vicinity of this property and in this use district because The subject property has been owned by members of the Dickinson family since 1906, except for one three-month period (Oct. 1930 - Jan. 1931), and has been passed down through the family to, and including, the present owners (brother and sister) who inherited joint title in 1956. The residence on the westerly parcel was built circa 1726; that on the easterly parcel, circa 1940. ~ 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because There will be no change to the character of the neighborhood, as the property has been improved with two single-family residences since 1940. The requested variance would observe the spirit of the ordinance, as each of the proposed lots has an area greater than any of the immediately adjacent properties. STATE OF NEW YORK ) ) ss COUNTY OF,~U~C'~'/)L'/(- ) Sworn to this .'....t ........... ./.? .................. day of .......... ~k'~./.,~.'. ............................... 19~f~ iiI)l~qlW MARY DIANA F~i~ PUBLIC, STATE OF NEW _ NO. 52,.4655242, SUFFOLK COUNI~ COMMISSION EXPIRES AUGUST OWNER FOR.MER OWNER LAND IMP. TOTAL I~OPERTY RECORD'' -~ '~ ' VILLAGE DISTRICT SUB. LOT TYPE OF BUILDING SOUTHOLD Est. Mkt. Value COMM. DATE REMARKS NEW NORA4AL BELOW Farm Acre Value Per Acre Value Tillable 1 Tillable 2 " Tillable 3 Woodland Swampland Brushland House Plot Total ON WATER FRONTAGE ON ROAD BULKHEAD DOCK 4 Porch R~f Type Porch Roo~ Ist Flor Breezeway Patio R~ms 2nd Flor 3arage Driveway Dormer D, B. 2 ~a~ (oO _ ~:~ .. ?,~_ ?_ ,~.~. TOWN OF SOUTHOLD OPERTY RECORD CARD OWN ER STREET VILLAGE FORMER OWNER DISTRICT SUB. LOT 'ACREAGE TYPE OF BUILDING RES. LAND . AGE SEAS. IMP. VL TOTAL FARM DATE BUILDING CONDITION NEW NORA",AL BELOW Farm Acre Value Per Acre Tillable 1 T~-Iloble 2 Tillable 3 Woodland COMM. JlND. JCB. J MISC. REMARKS ~'¢~, ABOVE Value FRONTAGE ON WATER FRONTAGE ON ROAD BULKHEAD DOCK Swampland Brushland House Plot Tara I ;reezeway Foundation Basement Ext. Walls Fire Place Floors fInterior Finish Heat Porch Roof Type Rooms 1st Floor ! j Patio Rooms 2nd Floor ~arage' Driveway Dormer 78. -9-1 5 78.-9-15.1 78.-9-16 78.-9-17 78.-9-1 8 78.-9-19 78.-9-20 78.-9-21 78. -9-22 78.-9-23 78.-9-24 78. -9-25 78.-9-26 78.-9-27 "78.-9- 29 -~*~"~""*'"'~ 78. -9 30.~ 78.-9-3~. 2 - 78. __ 9__ 31.3 ~,,,.--' ' 75.-9-33.1 ~ : 78. -9-33.. 3 78.-9-33.4 78. -9-34.1 78.-9-3&. 2 78.-9-35 78. -9-36 78.-9-37 78.-9-38 78.-9-39 78.-9-40 78.-9-41 78. -9-42 78.-9-43 78. -9-44 78.-9-&5 78.-9-&6 78. -9-47 78. -9-48 78.-9-49 78.-9-50 78. -9-51 78.-9-52 78.-9-53 78.-9-54 78.-9-55 PAGE C UJ GADOMSKI CHARLOTTE H 6300 6300 6300 6300 0 210 C WR DOERING JOANNE 1000 1000 1000 1000 0 311 CWO ZUREK STANLEY J & DIAN 1000 1000 1000 1000 0 311 C XH MCCARTHY LINDA A 4500 4500 4500 4500 0 210 C YA GROHOSKI THEODORE 3000 3000 3000 3000 0 210 C YT TUTHILL FRANCES 3600 1800 1800 2160 0 210 C SW MAKER ANNE LESLIE 2700 ' 2700 ' 2700 '-2700 0 210 C TP DOROSKI ADAM JR 3200 3200 3200 3200 0 210 C UI RAGSDALE LOUISE L 3200 3200 3200 3200 0 2~0 C VB C VU LORIA PHILIP & HEATHER PEDERSEN MARY 5000 _ ~000 _ 5000. _ 5000 0 210 3000 3000 3000 3000 0 210 C WN STACK AUSTIN & DIANE C XG SUFFOLK COUNTY C XZ DONOVAN DENIS J & WF C ZL CIELATKA EDWARD & WF C UK DICKINSON WESLEY R & W C VG DICKINSON MILDRED I & C VZ MICHAELIS GILBERT & WF C WV MICHAELIS GILBERT & WF C WP MICHAELIS EDWARD J & W C YH BIALOR GEORGE C ZD MARKHAM PATRICK & WF C Xl BONDANZA THOMAS E & WF C YE NORKLUN RICHARD E C XF NORKLUN RICHARD E C XY HUBBARD ARTHUR T & CAR C YR TERRY JUDITH T C ZK TILL(STRAND EDWARD J & 2800 2800 2800 2800 200 0 O 200 2500 2500 2500 2500 5800 5800 5800 5800 37oo 37oo 37oo 37oo 2200 200 - '2200 2200 3500 O 0 3500 200 0 - ' 0 200 4900 4900 4900 4900 2300 2300 2300 2300 2200 2200 2200 2200 1900 1900 1900 1900 1400 1400 1600 1400 7100 7100 ~ 7100 7100 6400 5931 5931 6400 1100 1100 1100 1100 6800 2400 2400 6800 C AD C UG ANASAGASTI CHARLES & W 6600 C UZ ZMRZLIK KAREL & WF 6000 CVS ELAK THOMAS J & TERRI 7400 C WL SUROZENSKI STEPHEN M 6300 C XE DOERIN6 JOANNE SSB 6000 C XX DEPTOLA EDWARD W & WF 6900 C YG TERRY GEORGE N & WF 7000 C ZJ WILINSK! ROMAN J & WF 8700 C AC HUNTER PAUL & WF 6900 C AV KAPLAN MELVIN B & JENN 8300 C UY KUDLINSKI THEODORE F J 9000 C VR PIPETANZA VITO A & ROS 6700 C WK LEAVAY KEVIN J & WF 6000 C XD CIAGLO CHESTER L & WF 5900 C XW GRITZ VICTORIA 1400 C YP BABCOCK CHARLES 2900 WOKOWSKY KENNETH P 5400 - 5400 - 5&DO 5400 6600 6600 6600 6000 6000 6000 6931 6931 7400 6300 6300 6300 6000 6000 6000 6900 6900 6900 6531 6531 7000 8700 8700 8700 6900 6900 6900 8300 8300 8300 9000 9000 9000 6231 6231 6700 1000 1000 6000 5900 5900 5900 1400 1400 1400 2900 2900 2900 0 210 0 323 0 210 0 210 0 210 O 210 0 210 0 311 0 210 0 210 0 210 0 311 0 311 0 210 0 210 0 311 0 210 0 210 0 210 0 210 0 210 0 210 0 210 0 210 0 210 0 210 0 210 0 210 0 210 0 210 0 210 0 210 O 311 0 210 TOTALS 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 10 10 10 10 10 10 10 10 10 10 10 10 26 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 I0 10 10 51 PARCELS (ACTIVE) 223,400 1989 TOTAL 205,955 COUNTY 205,955 TWN/CITY 221,960 SCHOOL 0 VILLAGE A-C 'R-80 R-'-80, R-80 -C LITTLE PE C/O NI C APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD- -ClTATE ROAD 25 c~OUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 R. Bruer Esq. Main Road 2.0. Box 1466 $outhold, NY 11971 Re: Appl. No. 3884 - DICKINSON/THOMPSON Dear Mr. Bruer: Transmitted for your records is a copy of the recent determination rendered by the Board of Appeals concerning your application. Please be sure to return to the Building Department and all other involved agencies for proper permits as may be necessary before commencing construction activities. A copy of this decision has simultaneously been transmitted to the Building Inspectors' Office for their files and update. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda Enclosure Copy of Decision to: Building Inspectors' Office JUDITH T. TERRY REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: $outhold Town Zonin§ Board of Appeals Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 From: Judith T. Terry, Southold Town Clerk Dated: September 21, 1989 Transmitted herewith is Zoning Appeal No. 388~/~,' application of Wesley R. & ArJnes P. Dickinson & Imo[lene D. Thompson for a variance. Also included is: Notification to Adiacent Property Owners; Short Environmental Assessment Form letter relative to NY$ Tidal Wetlands Land Use; Notice of Disapproval 'from the Building Department; survey of property; and any other attachments relative to this application. Judith T. Terry ~age 2 - Appl. No. 3884 Matter of DICKINSON/THOMPSON Decision rendered January 22, 1990 3. Article III, Section 100-32, No building or premises shall be used and no building or part thereof shall be erected or altered in the Agricultural-Conservation District and in the Low-Density Residential R-80 District unless the same conforms to the Bulk Schedule and Parking Schedule incorporated into this chapter with the same force and effect as if regulations were set forth herein in full, as well as to the following bulk and parking requirements: 4. The subject premises for the proposed Division of land is known and referred to as being 22,898 sq. ft. on the southeast side and 22,910 on the northwest of Main Bayview Road. 5. In considering this application, the Board finds and determines: (a) that the circumstances of this uniquely related to the premises and its nonconformities; application are established (b) that there is no other method for appellants to pursue; and the dividing the land in any other location on 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 Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to GRANT a Variance in the matter of the application of DICKINSON/THOMPSON as applied under Appeal No. 3884. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen and Dinizio (Absent Joseph Sawicki). This resolution was duly adopted. df GERARD P. GOEHRINGER~IRMAN Town Hall. 53095 Main Road P.O. Box 1179 ' Southold, New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHO~LD TO: Gerard P. Goehinger, Chairman, Board of Appeals FROM: Bennett Orlowski, Chairman, Planning Board DATE: December 6, 1989 RE: Thompson/Dickinson SCTM #1000-78-9-30.1 & 30.2 The following is in response to your request of November 30, 1989 for comments on application no. 3884, Dickinson/Thompson. The Planning Board is in favor of this set-off. Both houses are being lived in and research has disclosed a split occured in 1977 without Planning Board approval. The two lots shown on the survey were given separate tax map numbers by the County. APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. TO: FROM: DATE: SUBJECT: 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 INTERDEPARTMENTAL MEMORANDUM Southold Town Planning Board Chairman and Members Valerie Scopaz, Town Planner Board of Appeals November 30, 1989 Pending Subdivisions Attached is a list of several subdivision projects which we understand have been, or presently under review by your office. Since we have, as of recent date, received applications concerning same,it is urged that if you wish to provide recommendations or comments concerning those elements affecting your jurisdiction, that you do so on or before December 18, 1989, and transmit a copy of your comments to the applicant or his attorney at the same time in order to keep coordination up-to-date. If we do not receive your comments by December 18, 1989, we will assume that you have no objections to the general lot-line layout as submitted and accordingly proceed. Thank you for your cooperation in this coordination. df %ppl. No. 3884 - DICKINSON/THOMPSON. Variance to the Zoning Ordinance, Article I, Section 106-20 {Article III, Section 100-32) for approval of insufficient area in this pending division of land. Appl. No. 3889 - TIMOTHY AND GEORGE WELLS.. ~'~%~?.?.~.~. ~c the Zoning Ordinance, Article III A, Section 100-30 A.3, {Article I, Section 106-20) insufficient area in this pending division of land. Applo No. 3893 - CLAIRE AND MICHAEL GLEW. Variance to the Zoning Ordinance, 280-A Approval of Access of Right-of-Way, (Article XXVIII, Section 100-281 B, construct a one family dwelling). September 22, 1989 Southold Town Zoning Board of Appeals Town Hall Main Road Southold, New York 11971 Re: Appeal No. 3883 - Thompson/Dickinson Southold, New York SCTM# 1000-78-9-30.1 & 30.2 Dear Sirs: Enclosed please find additional supporting letter from adjacent property owner, Gilbert P. Michaelis, please make this a part of file. Sincerely, Enc. your TO: Southold Town Planning Board Southold Town Zoning Board of Appeals DATED: Re: Dickinson/Thompson Main Bayview Road, Southold, SCTM# 1000-78-9-30.1 & 30.2 NoYo Dear Sirs: I(We), the undersigned, own property adjacent to the above-referenced property, and am(are) fully in favor of the subdivision/variance applications pending before your respective boards. I(We) support Mrs. Imogene D. Thompson and Mr. and Mrs. Wesley R. Dickinson, in their efforts to obtain the Town's approval of their property division, and ask that your records so indicate. APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZI0, JR. Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 $OUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX No. (516) 765-1823 TYPE II December 19, S.E.9.R.X. ACTION DECLARATION 1989 Appeal No. 3884 Project/Applicants: County Tax Map No. Location of Project: Dickinson and Thompson 1000- 78-9-30 Main Bayview Road, Southold~ NY Relief Requested/Jurisdiction Before This Board in this Project: Approval of insufficient area in this pedding division of land 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 1 2 3 4 5 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 trying to keep it to the south side without digging up the cesspools. There is a propane tank that's got to be dug up and removed and moved over in order to put this thing in there. And it's the only possible area within the property line to do it. And that's why we're trying to sneak it in there. MR. coming in. GOEHRINGER: Thank you very much for I appreciate it. Is there anybody else who would like to speak in behalf of this application? Is there anybody that would like to speak against the application? Questions from Board Members? Hearing no further questions, I make a motion closing the Hearing and reserving decision until later. MR. SAWICKI: Second. MR. GOEHRINGER: THE BOARD: Aye. MR. GOEHRINGER: Ail in favor? The next appeal is on behalf of Dickinson and Thompson. reads as follows: · "Upon application the applicants, 3884, Article I, Section 106-20, for approval of insufficient area in this pending division of land The legal Notice RAM Court Reporting Service 216 Court St.,Riverhead, N.Y., [516) ~-3168 1 2 3 4 5 7 8 10 11 12 13 14 15 17 18 2O 21 22 23 24 25 36 The location Southold. and bulk and parking regulations. of the property is Main Bayview Road, County Tax Map No. 1000-078-09-30." I have before me a survey from Roderick VanTuyl, P. C., most recent date is August 17, 1989, indicating two houses almost equally separated on the corner of Main Bayview Road and Cedar Lane in Southold. House number one which is the house on Cedar Lane has a property square foot area of 22,910 square feet and the property which is equally also but not on Cedar Lane on Main Bayview Road is 22,898 square feet. And, the copy of a letter from the Southold Town Planning Board indicating that the Planning Board is in favor of this setoff. I also have a copy of the Suffolk County Tax Map indicating the fence surrounding properties in the area. Is there anybody that would like to be heard on behalf of the application? Mr. Brewer? MR. BREWER: Yes, please. Rudolph Brewer, Main Road, Southold on behalf of the applicants. Mr. Chairman, and Members of the Board, this is an area variance that's being requested here. It's a piece of property as you've seen from the RAM Court Reporting Service 216 Court St.,Rlverhead~ N.Y., (516! 727-31~ 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 37 survey of which there are two homes. The property has been in this family, its brother and sister, since I think 1906. It passed on from there on up until 1956, it was passed from the grandmother to them directly subject to a life estate in the father. In 1960 the father passed away and the children created a deed wherein they conveyed a life estate that they thought was a life estate in the property to the mother to make her feel secure. In 1977 with the assistance of an attorney, they put the property, since the father had passed away and the property was to be to them equally, they divided the property by way of a deed and since that time have been receiving separate tax bills. assessor, the of property. They've been treated by the Town, the State, as separate pieces The dwellings that are on the property, one was built in 17 something and the other one was built in the 30's and moved to the property around 1940. So both of these structures have been where they are since the 1940's well before the Zoning. As you can see, Zoning wasn't there, there is a definite practical difficulty that has arisen here. There are two RAM Court Reporting Service 216 Court St.,Riverhead~ N.Y., (S16) 727-3168 1 2 3 4 5 6 7 8 9 I0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 38 families, Wesley Dickinson is living on the premises, his sister in the future might take up residence there. I'm not sure but does the Board have a copy of the single separate search? MR. GOEHRINGER: No, we don't. MR. BREWER: I have one here I can submit. MR. GOEHRINGER: More importantly I'm concerned with pre-CO's on the house. Has there ever been any requested or do you have it? MR. BREWER: Well, on the piece that is not on Cedar, it has received two building permits over the years. Everybody thinking that it was a separate lot including the applicants here, as a matter of fact, they determined, or we determined, that it wasn't on the death of the mother in figuring out the appraisals for the estate tax purposes. It was determined at that point, which they were very surprised when I told them and we had a lengthy argument about it, there was no CO's required since these structures existed prior to the requirement of a CO. It is not the intent of the parties at this time or in the future at this moment to my knowledge to sell off the property. It's their intent to keep it RAM Court Reporting Service 216 Court St.,Riverhead, N.Y., (516} 727.3168 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 39 and keep it in the family which is why we don't have any evidence before the Board here dealing with a financial hardship in that there is no financial hardship and nobody said they had to move out of it, although I think that as a practical matter the building inspector could raise some problems with respect to the occupancy since he's denied a CO for the pre-existing CO for the homes based upon which precipitated this appeal. I also have here the consent of two of the neighbors, if it's not in your file, I would like to submit it tonight. MR. GOEHRINGER: Are you going to give us a copy of the single and separate search? MR. BREWER: I definitely will. I'll do it right now. I'm also looking for the consent of the neighbors, I have them here. MR. GOEHRINGER: Okay. Thank you. MR. BREWER: If the Board would like, I have the will wherein the property was in 1965 bequeathed to the two applicants, if that would help. -Actually, it's an abstract of it. MR. GOEHRINGER: Thank you. MR. BREWER: The Imogene Dickinson there is RAM Court Reporting Service 216 Court St.,Rlverhead, N.Y., ($16] 727.3168 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 the Imogene Thompson here, the applicant. MR. GOEHRINGER: Fine. 1956. 40 MR. BREWER: And you will note that it is And I have the prior history going back to 1906 MR. GOEHRINGER: bequeathed? MR. BREWER: if the Board wishes. Which house was she The total property went to both of them. the total property always was in one unit either going pasing by will or deed over the years. MR. GOEHRINGER: So the purpose of this Hearing really is to divide the property so that pre-CO's could exist on both parcels? MR. BREWER: That's correct. I would like to point out that I've been assured by the applicants who are here that the properties have their own separate sanitarium wells, systems and separate from each other, it's not on the wells, other. MR. GOEHRINGER: I thank you so much, Mr. Brewer. Have a happy holiday. Is there anybody else who would like to speak before the Board addressing this particular application of RAM Court Reporting Service 216 Court St.,Rlverhemd, N.Y., (516! 727-3168 1 2 3 4 5 7 8 10 11 12 13 14 15 1'7 18 19 2O 21 22 23 24 25 Dickinson and Thompson, appeal number 3884? Anybody that would like to speak against it? Hearing no further comments, I make a motion closing the Hearing reserving later. 3889 41 the decision until MR. SAWICKI: Second. MR. GOEHRINGER: Ail in favor? THE BOARD: Aye. MR. GOEHRINGER: The next appeal is in behalf of Timothy and George Wells. Is Mr. Wells here? MR. CALLGROVE: No. the Wells. MR. GOEHRINGER: follows: I'm here on behalf of The legal Notice reads as "On application the applicants, 3889, variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, bulk and parking regulations, for approval of insufficient area in this pending division of land. Property location is South Harbor Road, Southold. County Tax Map No. 1000-075-07-1.3, 1.4, 1.5." I have a copy of the survey produced by Roderick VanTuyl, P. C., most recent date is RAM Court Reporting Service 216 Court St.,Rlverhead, N.Y., (51(~) 727.3168 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, DECEMBER 19, 1989, at the following times: 7:30 p.m. Appl. No. 3870-- MATTHEW CUSUMANO. Variance to the Zoning Ordi- nance, Article XXIII, Section 100-239d, (Article ILIA, Section 100-30 A.3) as disapproved, for permission to construct a deck and other additions, proposed construction will be less than 75 ft. from water or wetlands and will have insufficient front and rear yard setbacks. Property Location: 435 Briarwood Lane, Cutchogue, County Tax Map No. 1000, Section 136, Block 01, Lot 01. 7:35 p.m. Appl. No. 3868-- NICHOLAS NICKOLAUS. Variance to the Zoning Ordi- nance, Article XXIII, Section 100-239d A, as disapproved, for permission to construct addition to existing one family dwelling and accessory building, propos- ed construction is less than 100 ft. from bluff Of Sound in this R-80 Zone District. Property Location: 17555 Soundview Avenue, Southold, County Tax Map No. 1000, Section 51, Block I, LOt 2. 7:40 p.m. Appl. No. 3881- WARREN AUGENTHALER. Variance to the Zoning Ordi-' nance, Article I11, Section 100-33, for permission to con- struct accessory building in.~c frontyard area. Property Loca- tion: 7225 Nassau Point Road, Cutchogue, County 'Pax Map No. 1000, Section 111, Block 15, Lot 12. 7:45 p.m. Appl. No. 3893-- MICHAEL AND CLAIRE GLEW. Variance to the Zoning Ordinance, 280-A Approval of Access Right-of-Way, (Article XXVIII, Section 100-281 B, construct a one family dwell- ing). Property Location: 61339 Main Road, Southold, County Tax Map No. 1000, Section 56, Block 1, Lot 41. 7:51]~sm. Appl. No. 3873-- VINI~IALETILIC. Variance to the Zoning Ordinance, Arti- cle Ill A, Section 100-30 A.3, for permission to construct a deck, addition, construction exceeds permitted lot coverage of this R-40 Zone District. Property Location: 780 Orchard Street and 1300-2nd Street, New Suf- folk, County Tax Map No. 1000, Section 117, Block 7, Lot 22. 7:55 p.m. Appl. No. 3879-- CHARLES MALONE. Variance to the Zoning Ordi- nance, Article XXIII, Section I00-230C (1), 100-231 A., for permission to construct a 6 ft. fence in fmntyard area, fence ex~ cecds 4 ft. in height. Property Location: 358 North Sea Drive, Southold, County Tax Map No. 1000, Section 54, Block 5, Lot 19. 8:00 p.m. Appl. No. 3886-- ROBERT STAPLES. Variance to the Zoning Ordinance, Arti- cle XXIII, Section 100-239d (C), for permission to construct a new dwelling adjacent to fresh- wa~r wetlands in this R-40 Zone district, proposed dwelling will be closer than 75 ft. from fresh- water wetland. Property Loca-p tion: 785 Wilmarth Avenue, Greenport, County Tax Map No. 1000, Section 41, Block I, Lot 7. 8:05 p.m. Appl. No. 3894-- JOSEPH AND LAWRENCE PEARLSTEIN. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B, for permission to construct deck addition with insufficient front yard setback. Property Location 2225 North Sea Drive, Southold, County ~ Map No. 1000, Sec- tion 54, Block 04, LOt 23. 8:10 p.m. Appl. No. 3892-- ANTHONY BOLLETINO. Variance to the Zoning Ordi- nance, Article III, Section 100-33, for permission to con- struct an accessory shed and gazebo in front yard area. Pro- perty Location: 16705 Main Road, Route 25, East Marion, County Tax Map No. 1000, Sec- tion 23, Block I, LOt 14.6. 8:15 p.m. Appl. No. 3888-- ERNEST TARMIN. Variance to the Zoning Ordinance, Article III, Section 100-33, for permis- sion to construct Accessories; pool, tennis court and shed in front yard area. Property Loca- tion: 29823 Row off Main Road, Orient, County Tax Map No. 1000, Section 14, Block 2, Lot 1.10. 8:20 p.m. Appl. No. 3887-- MARK AND ELLIE GOR- DON. Variance to the Zoning Ordinance, Article 11I, Section 100-33, for permission to con- struct a tennis court in frontyard area. Property Location: 1019 Private Road #7 Fords Road, Southold, County Tax Map No: 1000, Section 87, Block 1, Lot 18.4. 8:25 p.m. Appl. No. 3891- ELIZABETH JOHNSTON. Variance to the Zoning Ordi- nance, Article III, Section 100-32.4 (A), for permission to construct a lap pool, accessory pools not permitted in frontyard area. Property Location: Row off Oregon Road, Cutchogue, County Tax Map No. 1000, Sec; tion 073, Block 02, LOt 01. /'~8:30 p.m. Appl. No. 3884-- DICKINSON/THOMPSON. Variance to the Zoning Ordi- nance, Article I, Section 106-20, (Article Ili, Section 100-32), for approval of insufficient area in this pending division of land and Bulk and Parking regula- tions. Property Location: Main Eayview Road, Southold, Coun- ty Tax Map No. 1000, Section 078, Block 09, Lot 30. 8:35 p.m. Appl. No. 3889-- TIMOTHY AND GEORGE WELLS. Variance to the Zoning Ordinance, Article III A, Sec- tion 100-30 A.3, Bulk and Park- ing Regulations, (Article I, Sec- tion 106-20), for approval of in- sufficient area in this pending division of land. Property Loca- tion: South Harbor Road, Southold, County 'Pax Map No. 1000, Section 075, Block 07, Lot 1.3, 1.4, 1.5. 8:40 p.m. Appl. No. 3890--. WALTER GLASSER. Special' Exception to the Zoning Ordi-' nance, Article IX, Section' 100-91, for permission for change of use from Place of Worship to Office/Apartment. Property Location: 475 Beck- with Avenue, Southold, Coun, ty Tax Map No. 1000, Section 061, Block 1, Lot 25. 8:45 p.m. Appl. No. 3882-- BIDWELL WINERIES. Special Exception to the Zoning Ordia nance, Article III, Section 100-30, for approval of con-~ sumer tasting and retail sales from the Winery'. Property Location: Route 48, Cutchogue, County'Pax Map No. 1000, Sec- tion 96, Block 4, Lot 4.3. 8:50 p.m. Appl. No. 3896-- JERRY GAMBONE AND KES ZAPKUS. Special Exception to the Zoning ordinance, Article IX, Section 100-91, for permis- sion to have Office/Retail business on first floor and resi- dential rental apartment on sec- ond floor. Property Location: 55415 Main Road, Southold, County Tax Map No. 1000, Sec- tion 62, Block 1, LOt 12. 8:55 p.m. Appl. No. 3872-- COMPASS TRANSPORTS. Resolution to conclude hearing in its entirety. 8:55 p.m. AppL No. 3770~ PORT OF EGYPT. Proposed motion of the Board to re-open said hearing closed on Novem- ber 8, 1989. The Board of Appeals will at said time and place hear any and all persons or representativ~ 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 will not start before time allot- ted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated December 4, 1989. BY ORDER OF THE SOUTHOLD TOWN BOARD ~ OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda IX, 12/7/89 (10) NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, Im~suant to Section 26'/of the Town Law and the Code of the Town of ,~thold, the fdlowln$ hea~s be he. la by the SOUTHOLD TOWN BOARD OF APPEALS ~t a R~ul~ M~rin~. ~ th~ Somh~d Tow~ H~E. M~in Rind. S~aold, NY 11971. on TUESDAY. DECEMBER 19. 1989. ~ d~ fdlowlng times: 7:30 p.m. AppL No. 3870 -- MATTHEW CUSUMANO. V~ to the Zooing Ordinance, Article XXIn. Secfio~ 100-239d, (Article I~A. Se~io~ 100-30 A.3) u di~. ~slmc6on will be l~ss ~ 75 ft. f~xn wa~r o~ w~md~ ~nd w~l beve insufficient front ~nd m~r yard l~cks. Pr~erty Lo~riom 435 Briar- wood L~ne. Cutchogue, Co,tory Tax Map No. 1000, Sectie~ 136, Block 01, Lot 01. 7:35 I~m. AI~. No. 3868 -- NI- CHOLAS N~CKOLAUS. Vari~nc~ m the Zoning O~nance. Article ~ for pem~sion to coosuu~ ~ddition to ~ting one f~Oy dwelling ~nd suuctinn is less ~ 100 IL from bluff of Sound in this R-80 Zon~ Soundview Avenue, Soufltold, Cmm~y Tax M~p No. 1000, Soc6o~ 51. Block 7:40 p.m. Appl. No. 3881 -- WARREN AUGENTHALER. ~ to the Zo~ Ordinal. Aflicle In. Scrim 100~33, for peri,la,ion to 7:45 p.m. Appl. No, 3893 -- MIC.~EL AND CLAIRE GLEW. Vs~ to thc Zonin8 Ordinance. 280~RS~pproval of Access Right-of- Way, (Article XXVI~ Se~io~ 100- 281 B, conttruct · one family dwelling). Property Lo~tion: 61339 Main Read, Southold. County Tax Map No. 1000, Section 56, Block 1. L~41. 7:50 p.m. Appl. No. 3873 -- VINKO NALETILIC Variance to the Zoning Ordinance, A~icle Ill A, Sec- tiou 100-30 A.3, for permissie~ to construct a deck addition, p~l~my Location: 780 Omb·rd S~et County Tax Map No. 1000, Se~ion 7:55 p.m. Appl. No. 3879 -- CHARLES MALONE. Variance to the Zonin 8 Ordnance, Article ~ Secrion 100-230C (I). 100-231 A., 8:00 p.m. AppL No, 3886 -- Section 100-239d (C), for pennis6on PF~R~. V~isnce to thc Zo~- lng Ordinmce, Article XXIV, Sectien front yard se~Eack. Pn~e~ Locati~' 54, Block O4, L~ 23. gazebo in front yard area. Property Location: 16705 Majilgtoad, Route 25. East Marion, Ct Tax Map No. 10(X), Section 2~alSlock 1, Lot 14.6. 8:15 p.m. Appl. No. 3888 -- ERNEST TARMIN. Variance to the Zoning Ordinance, Article III, Section 100-33, for permission to construct Accessories; pool, tennis court and shed in front yard area, Property Location: 29823 Row off Main R~d, Orient, Ccxmty T~ Map No. 1000. Section 14, Block 2. Lot 1.10. 8:20 p.m. Appl. No. 3887 -- MARK AND ELLIE GORDON. Variance to the Zoning Ordinance. A~cle I~, Section 100-33, for per- mlssion to o~szmct a tenn~ corot in fr~ttyard area. Property Location: 1019 privam Road 87 Fords Road, Southrdd, County Tax Map No. 1000, Section 87, Block 1. Lot 18.4. 8:25 p.m. AppL No. 3891 -- ELIZABETH JOHNSTON. Variance to the ~t~n8 Ordnance, A~cle Section 100-32.4 (A), for penmssion to construct a lap pool, accessory p~s not pemtiued in froatyard Property Location: Row off Oregon Road, Cutchogue, County Tax map No. 1000, Section 073. Block 02. I-~ 01. ~'~ 8:30 p.m. AppL No. 3884 DIC1ONSON/THOMPSON. Variance to the Z~rin8 Ordinance, Article I, Section 106-20, (Article ITt, Section 100-32), for approval of insufficient area in this pendinl d~vlsion of land a~ ~g~atiem. Property Bayvinw Road, Soothold, County Tax Map No. 1000, Section 078. Block 09, Lot 30. ~ 8:35 p.m. Appl. No. 388~ MOTHY AND GEORGE WELLS, Variance to the Zoning Ordinance, Article H~ A, Section 100-30 A.3, Eulk and Parking Regulations. (A~icle I, Section 106-20), for ap- proval of insufficient area in this' pending division of land. Property 8:40 p.m. Appl. No. 3890 -- WALTER GLASSER. Special Ex- co. co to the Zorn80rdinanc=, Ar- tide IX, Section 100-9 I, for permis- sion for change of me from Place of Worship to Office/Ap~rtm~t. Pmp- er~y Location: 475 Be~kwith Avmue, Sonthold. Cmmty Tax Map No. 10~0, Section 061. Bk~ck 8:45 p.m. Appl. No. 3882 -- BIDWELL WI~ ERIES. Spexhl Ex- ce~inn to the Zorn· Ord~rance, Ar- ticl~ In, Section 100-30, for approval of consumer t~stins and ~tafi sales from the Winery. Property Location: Bmite 48, Cutcho~ue, County Tax Map No. 1000. Section 96, Block 4, Lot 4,3. 8:50 p.m, Appl. No. 3896 -- JERRY GAMBONE AND KES ZAPKUS. Spex~l Exc~tinn to the Zmfing O~diM~ce, Article IX, Sec- fion 100-91. for pemfission to have Office~ezMi business on tim floor and residenrial ~ ·pertinent on second Hoot. Property Location: 55415 Main Road, Somhold, Coonty Tax M~p No. 1000, Section 62, Block 1. L~ 12. 8:55 p.m. AppL No. 3872 -- COMPASS TRANSPORTS. Reso- lution to conclude hearth[ in ia timty. 8:55 p.m. AppI. No. 3770 -- PORT OP EGYPI'. Proposed motion of the Board to m-open said he·tin8 closed on No,esther 8, 1989. The Board of Appoals will at saki time ~nd phce hear any and MI per- s~ms or rep~e~emativ~ deshin8 to be he~rd in each of the a~ove matters. Wrinen cammmu may Mm be sub- r~l~d prinv to the conclusion of the subject bestial. Each heating will no~ staff bofo~ time allotted. Additional time for your pre·em·rich will be availS, if needed. Nor information, please call 765-1809. Daled Decembe~ 4, 1989. EY ORDER OF THE $OUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINOER yard a~ Property Location: 7225 ANTHON~ BOLLETINO. Variance Location: South Harbor Road, CI4AIRMAN Nassau Point ~Rond, Cutchogue. totbeZonlng~ce, A~icle]H,- Southold, Coonty Tax Map No. Coonty Tax M~[p No. 1000, Section Seciio~ 100-33, for permission to 1000, Section 075, Block 07~ Ldt I11, Block 15,[.~ 12. construct an accessory shed and 1.3, 1.4, 1.5. ~ ~ ~'~-' Patricia Heaney of Mattituck, in said County, bein9 duly sworn, says that he/she is Principal Clerk of TNE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks successively, commencin9 on the .7th day of De~ember  I . ,/' ~--'~ Principal Clerk Swom to b,~foire me this / ~ ~i;o,:, ~,, ,; ,'= ~7..~=:aa0 lApp Southoid Town Board o eals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX NO. (516) 765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SA1NICKI JAMES DINIZIO, JR. 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 tQ call our office prior to the hearing date if you have questions or wish to update your file. Yours very truly, dff GERARD P. CHAIRMAN GOEHRINGER '14-~'6-4 (9184) PART · [PROJECT I.D. NUMBER NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION · D VISION OF REGULATORY AFFAIRS State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only Project Information [To be completed by Applicant or Project sponsor) Munlcipali[y ~0~ I$ propo ed action: ~f~ew [] Expansiofl [] Modification/alteration Describe proiect brietly: Initially f/~ ~'~' acres UltimateJy /* ~'~" acres 9. what is present land use in vicinity oJ project~ [~Residential [] Industrial [] Commercial [] Agriculture [] Parkland/open space [] Other Describe: [] Yes [] No If ye/, llst agency(s) and permitJappi'ovals ~ Yes ~No If yes, list agency name and permi~approval type ~ Yes ~No I CERTIFY ;~HAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE If the action is In the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER PART II Environmental Assessment (To be completed by Agency) A. Does action exceed any Type I threshold in 6 NYCRR, Part 617.12~' If yes, coordinate the review process and use the FULULONG FORA4 EA~:. [] Ye, [] No S. Will action receive coordinated review as provided for Unlisted Actions in 6 NYCRR. Part 617.?f If No. & negative declaration may be superceded by another involved action. [] Yes [] No C. Could action result in ANY adverse effects on, to, or arising from the following: (Answers may be handwritten, if legible) Cl. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion. drainage or flooding problemsi' Explain briefly: C2. Historic, archeological, visual or aesthetic, or other natural or cultural resources; agricultural districts; or community or neighborhood characterf Explai~ briefly C3. Vegetation or fauna, movement of fish or wildlife species, significant habitats, or thmatennd or endangered species~ Explain briefly: C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resourcest Explain briefly. C5. Crowth, subsequent development, or related activities likely to be induced by the proposed action~ Explain briefly. C6. Secondarr,, cumulative, or other effects not identified in C1-C6~' Explain briefly. C7. A change in use of either quantity or type of energy~ Explain briefly. PART III Determination of Significance (To be completed,bi, Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (al setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d} irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. [] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL/LONC FORM EAF and/or prepare a positive declaration. [] Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed, action WILL NOT result in any significant adverse environmental impacts AND provide here, and on attachments as necessary, the reasons supportng this determination: ~UESTIONNAIRE TO BE COMPLETED AND SUBMITTED WITH YOUR APPLICATION FORMS TO THE BOARD..O~_APPEAL~ 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 /~ T seaward of area under construction? Yes Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined Town Code, Ch. 97 for your reference.) by Are there existing structures at or below ground level, such as patios, foundations, etc? Are ther'e 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. Yes Yes ~ ye s ~//~No If project is proposed for principal building or ~/ structure, is total height at more than 35 feet above ~' average ground~l? State total: ft. Yes No Are there other premises under your ownership abutting /~]k~ this parcel? If yes, please submit copy of deed. Yes Are there any building permits pending on this parcel (or abutting land under ~our ownership, if any)? Yes State Permit # and Nature: 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 TrOstees "' Yes County Health Department Yes Village of Greenport ~ ' Yes N.Y.S.D.E.C.' ' Yes Other Yes 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of'sale.(from contract)· Yes 1. Is new construction proposed in the area of contours at 5 feet or less as exists? Yes 2~ If new construction is proposed in an area within 75 feet of wetland grasses, or land area at a~ 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 Yes'7"No the requirements of Ch. 97 of the Town Code? )13. Please list present use or operations conducted~_qpon the subject property at this time ~y~y~.S'/~-Z~.~$~y~ ~~$ and proposed ~~y~'- ~-,~,~,~ -.)~-,S,~A/~$ ~-- . 'I certify that the above statements are true and are being submitted for i reliance by the Boar~ of Appeals in considering my.application. n I Sig ature ~ (Authorized Agent) 3/87 lk -3075 ¢o CONSULT YOU~ LAWYE~IOR~ SIGHING THIS INSTRUMENT--THIS IN~ ~MENT SHOULD BE USED DY LAWYERS OH.' BE~VEF. N MILDRED L. DICKINSON, residing at (no number) Bayview Road, Southold, Suffolk County, New York, 11971, WESLEY R. DICKINSON, residing at 377 Andrew Avenue, East Meadow, New York, 11554, and IMOGENE D. THOb[PSON, (formerly known as IMOGENE D. CLARK), residing a x~ x$~7~umber) South Harbor Road, Southold, Suffolk County, New York, pa'try o~ the first pa~, and WESLEY R. DICKINSON and AGNES P. DICKINSON, his wife, residing at 377 Andrew Avenue, East Meadow, New York, 11554, party of the second part, V~ITNF~ETH, that the party of the first part, in consideration of Ten Dollars and other valuable consideration paid by the party of t.he second part, does hereby grant and release unto the party o£ the second pan, the hdrs or successors and as$1glls of the party of the second part forever, ALL that certain plot, piece or parcel of land, witch the buildings and im. provements thereon erected, situate, lying and bcing~t%g at Bayview, Southold, Town of ~outhold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point formed by the intersection of the easterly side of Cedar Lane with the northerly side of Main Bayview Road; RUNNING THENCE North 25 degrees 05 minutes 30 seconds East along said easterly side of Cedar Lane 218.19 feet to a point marked by a monument; RUNNING THENCE along the southerly side of Lot No. 27 on map of Bayside Terrace (Map No. 2034) South 65 degrees 09 minutes 20 seconds Eas~ a distance of ~04.0 fee~; RUNNING THENCE South 24 degrees 50 minutes West a distance of 220.31 feet to said northerly side of Main Bayview Road; RUNNING THENCE along said northerly side of Main Bayview Road North 63 degrees 59 minutes 30 seconds West a distance of 105.0 feet to the point or place of BEGINNING. $~p 29 1971 TR.qNSFE?2 SU:-'t'OLg C<)UNTY TOGETHER with ~all right, litl~ and inl~r~st, il any, of th~ party of the first part in and ~ any str~s and roads abuuln~ the a~v~ d~scrlbed premises to th~ cenl~r lin~ th~r~f; TOGETHER wkh the appumen~ncts and all th~ eslale and rights of lh~ party of tl~ first pa~ in and to ~id premi~e~; TO HAVE AND TO HOUD lhe premiss h~reln granted unto th~ party of the ~cond ~rt, ~ heirs or succ~s~rs and ~sign~ of th~ pa~y of ~he s~ond part forever. AND thc party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises 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 l~rty of · the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be 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 improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN W1TNF-~ WHF..ILEOF, the party of the first part has duly exa:uted this deed the day and year first above ;witten. ,' _ s. ) (Mildred L. Dickinson) SCHEDULE A (2 of 2) (Wesley ~. Dickinson) ]Imdg~ne D. Thompson) (For~rly known as Imogene D. Clark) M-3075 CONSULT YOUR LAWYER tORE SIGNING THIS INSTRUMENT--THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. TH~ ~DENTURE, made the ~ ~ ~'&y of September , nineteen hundred md Sexn~uty-seven. BETWEEN MILDRED L. DICKINSON, residing at (no number) Bayview Road, Southold, Suffolk County, New York, 11971, WESLEY R. DICKINSON, residing at 377 Andrew Avenue, East Meadow, · New York, 11554, and IMOGENE D. THOMPSON, (formerly known as IMOGENE D. CLARK), residing al 'fno number) South Harbor Road, Southold, Suffolk County, ~ew York, I197 , party ~ the first pa~, ~d MI. LDRED L. DICKINSON, residing at (no number) Bayview Road, Southold, Suffolk County, New York, 11971, party 01f the second part, and .~rMOGENE D. THOMPSON, 'residing at (no number) South Harbor Road, Southold, Suffolk County, New York, 11971, party of the third part, WITNF..~S~'rH, that the party of the first part, in consideration of Ten Dollars and other 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, AI-L that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying~ndbeing~Y~: at Bayview, Southold, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: · BEGINNING at a point on the northerly side of Main Bayview Road, which pOint is South 63 degrees 59 minutes 30 seconds East a distance of' 105.0 feet from the intersection of the northerly side of Main Bay- view Road with the easterly side of Cedar Lane; RUNNING THENCE North 24 degrees 50 minQtes East a distance of 220.31 feet to the sout,herly side ~.of Lot 27 on Map of Bayside Terrace (Map No. 2034); RUNNING THENCE along said southerly side of Lot 27 on said map and partly aIong the southerlY side o3 Lot 28 on said map South 65 degrees 09 minutes 20 seconds East a distance of 103.53 feet to a point marked by a monument and land now or formerly of .Michaelis; RUNNING THENCE along said land now or formerly of Michaelzs South 25 degrees 58 minutes 20 seconds West a distance of 75.33 feet to a point marked by .a.m.onu~ .entI RUNNING THENCE still alonK said land now or .,formerly 9f hicnaells South 23 degrees 28 minutes 40 seconds West a distance oI 147.20 feet to the northerly side of Main Bayview Road; RUNNING THENCE along said northerly side of Main Bavview Road North 63 degrees 59 minutes 30 seconds West a distance o3 105.54 feet to the point or plac~ of B~GINNING. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all 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 s. econd Dart for.and durin~ the term of her natu.ral life, a_nd. upon the ~eath o3 the said party o~ the second part to the party ot the third part, her heirs and assigns forever; vvvv~g~.; ............ '""'"'"'""~ ~' "'~" ~'~ '"'m ~ ",,~ ~'~'%~'.~. ~. ~ ~r¢~]~ ~ ~f~ll,%~: ~, AND the party of the firs* cart oov"nants *1'~* ,g ...... ~ -~ ...... - . 'f~fT&,'~." '"" smu ,pr.e'm~?s nave o. een enc.u.m~ered, m any way whatever, except as aforesaid. - .,~, z~ ~ the party, ot t~e. nrst part, s.n comphance w~th Section 13 of the Lien I.~.w. covenants tha~ the rmrtv of~ the nrst part will receive the consideration for this conveyance and will hold the right to receive such'-gon*sld- eration as a trust 'fund to be applied first for ~he purpose 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 sa. me for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN wrrNF.5S WHF. RF. OF, the party of the first part has duly executed this deed the day and year first above vzritten. , (Mildred L. Dickinson) · ' (Wesley/R. Dickinso;~-~- (Imogene D. Thompson) (Formerly known as Imogene D. · . .SCHEDULE A 1 of 2) (L.S.) (L.S.) (L.S.) Clark) September 21, 1989 Southold Town Planning Board Town Hall Main Road Southold, N.Y. 11971 Re: Property division for Dickinson/Thompson Main Bayview Rd., Southold, NY SCTM# 1000-78-9-30.1 & 30.2 Dear Sirs: We enclose herewith a copy of a July 13, 1989 letter from the Town Building Inspector. Our clients, Imogene Dickinson Thompson and Wesley R. Dickinson are the respective owners of the above referenced lots and are anxious to legitimize the separation of their properties. There is a long history to this property. It has been owned by the Dickinson family since 1906, except for one three-month period (Oct. 1930 - Jan. 1931), and has been passed down through the family to, and including, the present owners (brother and sister) who acquired joint title in 1956. The westerly residence dates back to circa 1726; the easterly residence, circa 1940. The two lots, as shown on the enclosed survey, were thought to have been created by deed transfers in Sept. 1977. The owners have, since that time, received separate tax bills and the lots were designated by Suffolk County under separate tax map numbers. Until just recently, the owners remained unaware that the Town of Southold did not recognize this property separation. We believe that the enclosed application measures favorably against the guidelines set forth in Article I, Section A106-13 of the Town Code for consideration by the Planning Board as a set-off and request that it be processed as such. Southold Town Planning Bd. -2- September 21, 1989 Accordingly, we enclose the following: 1. 9/11/89 Notice of Disapproval 2. Twelve (12) copies of proposed map 3. Set-off Application & attached schedules: A - Legal description of property C - Maintenance of existing roads 4. Filing fee of $250.00 5. Planning Board Questionnaire 6. Name of Owners and adjoining owners 7. Filing fee of $250.00 8. Form letter re drainage, etc. 9. Part I of Short EAF 10. Owner authorizations (2) 11. Supporting letters from adjoining owners (2) 12. Copy of 1981 Suffolk County Tax Map indicating separate lots and, thereby, this property's exempt status with the Suffolk County Dept. of Health. We request that this application be scheduled for the Board's consideration, as soon as possible. Sincerely, Rudolph H. Bruer RHB/df Enc. cc: Mrs. Imogene D. Thompson Mr. Wesley R. Dickinson Southold Town Zoning Board of Appeals TO: Southold Town Planning Board Southold Town Zoning Board of Appeals/ DATED: Re: Dickinson/Thompson Main Bayview Road, Southold, SCTM# 1000-78-9-30.1 & 30.2 NoYo Dear Sirs: I(We), the undersigned, own property adjacent to the above-referenced property, and am(are) fully in favor of the subdivision/variance applications pending before your respective boards. I(We) support Mrs. Imogene D. Thompson and Mr. and Mrs. Wesley R. Dickinson, in their efforts to obtain the Town's approval of their property division, and ask that your records so indicate. TO: Southold Town Planning Board Southold Town Zoning Board of Appeals/ DATED: Re: Dickinson/Thompson Main Bayview Road, Southold, SCTM# 1000-78-9-30.1 & 30.2 NoYo Dear Sirs: I(We), the undersigned, own property adjacent to the above-referenced property, and am(are) fully in favor of the subdivision/variance applications pending before your respective boards. I(We) support Mrs. Imogene D. Thompson and Mr. and Mrs. Wesley R. Dickinson, in their efforts to obtain the Town's approval of their property division, and ask that your records so indicate. AUTHORIZATION RE: Set-off for DICKINSON/THOMPSON Main Bayview Road, Southold, N.Y. TO WHOM IT MAY CONCERN: WE, WESLEY R. DICKINSON and AGNES P. DICKINSON, his wife, are the owners of certain real property at Southold, New York, designated on the Suffolk County Tax Map as: District 1000, Section 078.00, Block 09.00, Lot 030.001. WE, hereby authorize our attorney, Rudolph H. Bruer, and/or his legal assistant, Mary Diana Foster, to proceed on our behalf with any and all applications to the Town of Southold and to the County of Suffolk for the purpose of obtaining the necessary approvals for subdivision of the subject premises. Dated: ~ //~'/89 Wesley ~. Dickinson AUTHORIZATION RE: Set-off for DICKINSON/THOMPSON Main Bayview Road, Southold, N.Y. TO WHOM IT MAY CONCERN: I, IMOGENE D. THOMPSON, am the owner of certain real property at Southold, New York, designated on the Suffolk County Tax Map as: District 1000, Section 078.00, Block 09.00, Lot 030.002. I, hereby authorize our attorney, Rudolph H. Bruer, and/or his legal assistant, Mary Diana Foster, to proceed on my behalf with any and all applications to the Town of Southold and to the County of Suffolk for the purpose of obtaining the necessary approvals for subdivision of the subject premises. Dated: ~//~/89 'oni~ Board of Appeals ~ ~leas~ submit the following at the time ~/~l. Notice of Disapproval from Building survey or sketch for his review). ~. Application in triplicate (typed or also include: .~ I'lb I KUU I ~. UNb lc_i al Exce_~tion or Varian(~Fo~9~rm~_s_ . of filing your application: Inspector (after submitting neatly printed). Be sure to a. Permission or relief requested. Include continuing uses/activities. b. Street and Hamlet of Parcel in Question, Name of Subdivision, County Tax Map No. (from Disapproval). c. Zone District (from Disapproval). d. Current owners' names and addresses. Agents or interested parties must submit written Authorization from owners. If applicant or owner is a corporation, furnish Disclosure Statement. e. Form ZB1, Variance Forms must include difficulties or hardship imposed if variance is not carried out (on reverse side). f. Form ZB2, Special Exceptions Forms. List uses/activities proposed on form as well as on site plan. g. Sign Applications (ZB2 or ZB1 as applicable) must also give general wording of sign, size, location on premises, written consent of property owners for placement of sign if applicant is not owner of premises. h. Article # and Sections # of Code applicable (from Disapproval). F<~*3. Notice to Adjoining Property Owners Form: a. -~nfirm current adjacent owners' mailing addresses as shown on tax rolls with Assessors Office. Include abutting private right-of-ways. b. Send on copy (front side completed) with copy of survey or plan to each adjoining landowner by Certified Mail (postmarked by Post Office). c. Return one completed forms ]igned and notarized on reverse, attaching postmarked Certified Receipts. ~Form to be filled out exactly as those sent to adjoining landowners.) ~/~-4. Short Environmental Assessment Form, completed and signed. (If "yes",.box is checked, additional forms will be necessary. See Z.B.A. Clerk.) ~5. Z.B.A. Questionnaire. (If "yes" boxes are checked, additional information ~ls~d~-)----Flease sign and furnish additional info where applicable. /~~ If the subject property fronts along a waterway, freshwater or salt-water ~ areas, please be sure to submit Town Trustee and N.Y.S. Department of Environmental Conservation approval/waiver/other action as soon as possible. (Subdivisions included.) If applications are pending, please confirm status at the time of filing this application. 7. If this project involves a subdivision, lot-line change, commercial use, or other action by the Town Planning Board, please file applica- tion simultaneously. The Planning Board and Z.B.A. will coordinate ~_~-updated reviews after you file applications to expedite your project. ..~' If action was finalized with Planning Board, please submit copy together with approved plan. (Planning Board Office 765-1938) ~,,~ 8. Copy of current or available Certificate o£ OccjJ~J~y indicating ~' current uses of land and structures (from Building Department 765-1802). v~9. Four prints of survey certified by a licensed surveyor showing all existing and proposes structures and uses/activities. If site plan is available, please submit four copies additionally. If land appears to be covered by 20% or more of the total lot area, please furnish square footage of coverage/structures, including pool areas, etc.~-- ~ ~ v/~'lO. On~-c-~y of: (a) building construction plan or sketch, current d~_~j_~. ~ll.- $1B~.O0 filing fP~ (payable to "Southold To~n Clerk"). Please aSK L.B.A. ~ Secretary to initial your papers prior to filing with Town Clerk's Office. 12. For applications concerning increase in density,(such as subdivisions, set-off divisions, multiple-dwellin§ projects, etc.) please submit copy of CountS Health ~epartment Article 6 approval as early as possible. [Village of Greenport contracts required where applicable, together with Signed Statement of Owners Intent.] Written notification will be forwarded to you prior to our advertising same in the Suffolk Times and L.I. Traveler-Watchman for a public hearing. Someone should appear in your behalf at the hearing in the event there are questions. The hearing will be located at the Town Hall, Main Road, Southold, and will not start before the time allotted in the Legal Notice of Hearing. For information, please call (516) 765-1809 (alt. 1802-Building Department). ~These documents to be filed within five days of the postmarked date on the Certified Mail receipts as required by Section 100-125 of the Zoning Code. Rev. 12/81, 5/85, 12/86, 4/87 lk. Areas of new construction should be flaqqed at corners eforeothe ,public hearing for on-site inspections. at least two weeks 605-S-6799 VARIANCE STATE OF NEW YORK) SS COUNTY OF SUFFOLK) SEARCH JEANNE ANSTETT, BEING DULY sworn deposes and says: That she resides at 386 Marcy Avenue, Riverhead, New York and is over the age of 21 years, and that she is the Office Manager of PECONIC ABSTRACT, INC. and that under her direction title was examined to the parcels of lands described on the annexed schedule, as to Parcels A, B, C, D. That said examination made to include 05/05/89, and said town to disclose if subject premises is in fact single and separate ownership as appears from the Chains of Title annexed hereto and that the effective date of the applicable Zoning Ordinance is 04/09/57. And that this affidavit is made to assist the Board of Zoning Appeals of the Town of SOUTHOLD and to reach any determination which requires as a basis therefore the information set forth herein and knowing full well that said Board will rely upon the truth thereof. ~STRACT, INC. ~oFANNE ANSTETT FICE MANAGER SWORN TO BEFORE ME THIS ~ OF~ JU~LE, 1989 ~, RICHARD SPA~SL~GH ~ta~ P~hc ~e of New Y~ ~ ~o 52.3775~0 Surfak C~ SUBJECT PREMISES: 1000 - 078.00 - 09.00 - 030.002 Described Premises Arthur W. Hahn, Jr. Liber 1582 cp 248 to Dated 2/20/31 Elsie Dickinson Recorded 6/8/31 Subsequently--Elsie Imogene E. Dickinson remaindermen. Dickinson died testate on 2/14/56 leaving (niece) and Wesley R. Dickinson (nephew) as Wesley R. Dickinson and Imogene D. Clark to Mildred L. Dickinson, Wesley R. Dickinson and Imogene D. Clark Liber 4902 cp 230 Dated 10/27/60 Recorded 11/7/60 Mildred L. Dickinson, Wesley R. Dickinson and Imogene D. Thompson (formerly Imogene D. Clark) to Imogene D. Thompson Liber 8317 cp 148 Dated 9/24/77 Recorded 9/29/77 LAST DEED OF RECORD SWORN TO BEFORE ME THIS RICHARD ~ANBU~GH Nc, tary Pubhc ~tate o( New ~ No 52-3775950 Sufl~k C~ F~m Exp~es March ~, ~9 ~ ADJACENT WEST: 1000 - 078.00 - 09.00 - 030.001 Described Premises Arthur W. Hahn, to Elsie Dickinson Jr, Liber 1582 cp 248 Dated 2/20/31 Recorded 6/8/31 Subsequently--Elsie Dickinson died testate on 2/14/56 leaving Imogene E. Dickinson (niece) and Wesley R. Dickinson (nephew) as remaindermen. Wesley R. Dickinson and Imogene D. Clark to Mildred L. Dickinson, Wesley R. Dickinson and Imogene D. Clark Liber 4902 cp 230 Dated 10/27/60 Recorded 11/7/60 Mildred L. Dickinson, Wesley R. Dickinson and Imogene D. Thompson (formerly Imegene D. Clark) to Wesley R. Dickinson and Agnes P. Dickinson Liber 8317 cp 150 Dated 9/24/77 Recorded 9/29/77 LAST DEED OF RECORD SWORN TO BEFORE ME THIS RK~t4ARD SPAN~ Notary Pubt~c State o~ New Y~ No ~-37759~ Sufl~k ~, ' ~m Exp~r~ Marc~ ~. 19 ~ ~ ~PEC I ABSTRACTs-INC. -~ANNE ANSTETT OFFICE MANAGER ADJACENT NORTH 1000 - 078.00 - 09.00 - 029.000 Lots 27 and 28 Map of Bayside Terrace Map No. 2034 B. Arthur Thurm to Eastern Suffolk Realty Inc. Liber 3210 cp 443 Dated 5/3/51 Recorded 5/3/51 Eastern Suffolk Realty Inc. to Edward Cielatka and Audrey Cielatka, his wife Liber 4382 cp 180 Dated 10/17/57 Recorded 10/24/57 LAST DEED OF RECORD ADJACENT SOUTH BY MAIN BAYVIEW ROAD NSTETT OFFICE MANAGER SWOR~NQTO BEFORE ME THIS 2ND~ ~AY.~F ~NB, 1989 No 52-~775~ ~fl~k C~ ~m Exp~r~ March ~, t~ ~ ADJACENT NORTHEAST Lot 29A M/O Bayside Terrace Map No. 2034 1000 - 078.00 - 09.00 - 031.003 B. Arthur Thurm to Eastern Suffolk Realty Liber 3210 cp 443 Dated 5/3/51 Recorded 5/3/51 Eastern Suffolk Realty Inc. to Gilbert Michaelis and Madellne Michaelis, his wife Liber 4433 cp 112 Dated 1/23/58 Recorded 2/28/58 LAST DEED OF RECORD ADJACENT SOUTHEAST 1000 - 078.00 - 09.00 - 033.001 Gilbert P. Michaelis to Gilbert P. Michaelis and Madeline Marie Michaelis, his wife Liber 2741 cp 577 Dated 8/19/47 Recorded 8/20/47 Gilbert P. Michaelis Liber 9033 cp 161 to Dated 6/9/81 Edward J. Michaelis and Recorded 7/13/81 Pamela Michaelis, his wife LAST DEED OF RECORD SWORN TO BEFORE ME THIS No ,52-3775950 ~k ~ l ~m Exp~[~ March ~, 19 ~ ) '7~EANNE ANSTETT ~OFFICE MANAGER TO: Southold Town Planning Board Southold Town Zoning Board of DATED: Appeals Re: Dickinson/Thompson Main Bayview Road, Southold, N.Y. SCTM# 1000-78-9-30.1 & 30.2 Dear Sirs: I(We), the undersigned, own property adjacent to the above-referenced property, and am(are) fully in favor of the subdivision/variance applications pending before your respective boards. I(We) support Mrs. Imogene D. Thompson and Mr. and Mrs. Wesley R. Dickinson, in their efforts to obtain the Town's approval of their property division, and ask that your records so indicate. TO: Southold Town Planning Board Southold Town Zoning Board of Appeals DATED: Re: Dickinson/Thompson Main Bayview Road, Southold, SCTM# 1000-78-9-30.1 & 30.2 N,Yo Dear Sirs: I(We), the undersigned, own property adjacent to the above-referenced property, and am(are) fully in favor of the subdivision/variance applications pending before your respective boards. I(We) support Mrs. Imogene D. Thompson and Mr. and Mrs. Wesley R. Dickinson, in their efforts to obtain the Town's approval of their property division, and ask that your records so indicate. 605-S-6799 VARIANCE SEARCH STATE OF NEW YORK) SS COUNTY OF SUFFOLK) JEANNE ANSTETT, BEING DULY sworn deposes and says: That she resides at 386 Marcy A~venue, Riverhead, New York and is over the age of 21 years, and that she is the Office Manager of PECONIC ABSTRACT, INC. and that under her direction title was examined to the parcels of lands described on the annexed schedule, as to Parcels A, B, C, D. That said examination made to include 05/05/89, and said town to disclose if subject premises is in fact single and separate ownership as appears from the Chains of Title annexed hereto and that the effective date of the applicable Zoning Ordinance is 04/09/57. And that this affidavit is made to assist the Board of Zoning Appeals of the Town of SOUTHOLD and to reach any determination which requires as a basis therefore the information set forth herein and knowing full well that said Board will rely upon the truth thereof. SWORN TO BEFORE ME THIS 2ND~A% O~F,, JU~, 1989 / NOTARY ,~,~IC ;~ RICHARD SPA ~'BL~RGH ' ~ No 52 377%~,Sut~o~k C~ PECONIC, ABSTRACT, INC. ANNE ANSTETT IOFFICE MANAGER SUBJECT PREMISES: 1000 Described Premises 078.00 - 09.00 - 030.002 Arthur W. Hahn, Jr. to Elsie Dickinson Liber 1582 cp 248 Dated 2/20/31 Recorded 6/8/31 Subsequently--Elsie Dickinson died testate on 2/14/56 leaving Imogene E. Dickinson (niece) and Wesley R. Dickinson (nephew) as remaindermen. Wesley R. Dickinson and Imogene D. Clark to Mildred L. Dickinson, Wesley R. Dickinson and Imogene D. Clark Liber 4902 cp 230 Dated 10/27/60 Recorded 11/7/60 Mildred L. Dickinson, Wesley R. Dickinson and Imogene D. Thompson (formerly Imogene D. Clark) to Imogene D. Thompson Liber 8317 cp 148 Dated 9/24/77 Recorded 9/29/77 LAST DEED OF RECORD SWORN TO BEFORE ME THIS 2NII-'D~Y OF JUNE, 1989 RICHARD SPANBUR~H Notary Publ*c StYe ~ New Y~ No 52-37759~0 Suffo k C~ ~om Exp*res h~arch ~, 19 ~ ABSTRACT~ INC. ADJACENT WEST: 1000 - 078.00 - 09.00 - 030.001 Described Premises Arthur W. Hahn, Jr. to Elsie Dickinson Liber 1582 cp 248 Dated 2/20/31 Recorded 6/8/31 Subsequently--Elsie Dickinson died testate on 2/14/56 leaving Imogene E. Dickinson (niece) and Wesley R. Dickinson (nephew) as remaindermen. Wesley R. Dickinson and Imogene D. Clark to Mildred L. Dickinson, Wesley R. Dickinson and Imogene D. Clark Liber 4902 cp 230 Dated 10/27/60 Recorded 11/7/60 Mildred L. Dickinson, Wesley R. Dickinson and Imogene D. Thompson (formerly Imogene D. Clark) to Wesley R. Dickinson and Agnes P. Dickinson Liber 8317 cp 150 Dated 9/24/77 Recorded 9/29/77 LAST DEED OF RECORD SWORN TO BEFORE ME THIS 2XD~A% OF ~J.~_UNE, 1989 NOTARY LIC RICHARD SPANB~ Notary Pu, bhc $tmte o( New Ya~'k ~o 52.3775950 Suflc~k Coun~ om Expires ,~,arch )0. t9 ¥/ PEC~3~7/ABSTRA~.~ INC. ~ANNE ANSTETT OFFICE MANAGER ADJACENT NORTH 1000 - 078.00 - 09.00 - 029.000 Lots 27 and 28 Map of Bayside Terrace Map No. 2034 B. Arthur Thurm to Eastern Suffolk Realty Inco Liber 3210 cp 443 Dated 5/3/51 Recorded 5/3/51 Eastern Suffolk Realty Inc. Liber 4382 cp 180 to Dated 10/17/57 Edward Cielatka and Recorded 10/24/57 Audrey Cielatka, his wife LAST DEED OF RECORD ADJACENT SOUTH BY MAIN BAYVIEW ROAD P~CO~IC ABSTR~, INC. SWORNpTO BEFORE ME THIS / N~TARyfUB~C 1~,ot~r¥ Pubhc S1~e ~ New No 52 3715950 Suffolk Corn Exp~ Ma[ch ~. 19 ~ ~_l ADJACENT NORTHEAST Lot 29A M/O Bayside Terrace Map No. 2034 1000 - 078.00 - 09.00 - 031.003 B. Arthur Thurm Liber 3210 cp 443 to Dated 5/3/51 Eastern Suffolk Realty Inc. Recorded 5/3/51 Eastern Suffolk Realty Inc. to Gilbert Michaelis and Madeline Michaelis, his wife Liber 4433 cp 112 Dated 1/23/58 Recorded 2/28/58 LAST DEED OF RECORD ADJACENT SOUTHEAST 1000 - 078.00 - 09.00 - 033.001 Gilbert P. Michaelis to Gilbert P. Michaelis and Madeline Marie Michaelis, his wife Liber 2741 cp 577 Dated 8/19/47 Recorded 8/20/47 Gilbert P. Michaelis to Edward J. Michaelis and Pamela Michaelis, his wife Liber 9033 cp 161 Dated 6/9/81 Recorded 7/13/81 LAST DEED OF RECORD SWORN TO BEFORE ME THIS OF /O/UNE,_ !.989 N~ 52-3775950 Sul~k C~ Cern Exp~ ~arch ~. 19 ~ PECQNI~ ABSTRACT~INC. --~EANNE ANSTETT ~FFICE MANAGER 1 BOARD OF APPEALS, TOWN OF SOUTHOLD ~,/~:~r,/.In the3~4atter, m' the Pe. tifi~n of ~- : : to the Board of Appeals of the Town of Southold : TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. T~!ntention of the undersigned to petition the Board of Appeals of the Town of Southold to request ~(Variance)~Special Exception)(Special Permit) (Other) [circle choice] ). f 2. That the property which is the subject of the Petition is located cribed as follows: ,4/'/~_~ ~/~A~ /~'/,4/,~,9~//~:t~' ~.. ~D ~/ af,~acent to your property and is des- 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned wiU request the foUowin§ relief: / 5. That the provisions of the Southold Town Zoning Code applica__ble to the relief sought by the under- signed are Article ~-- Section /~;~_~ .~' ~/~/. ~7-. ~_~. /~-z~ [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 7~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: ~ /~/?~ . Owners' Names: Post Office Address 6 ,u.,/. NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Edward Cielatka & wf. Gilbert Michaelis & wf. Edward J. Michaelis & wf. Bayview Road Southold, N.Y. 11971 7336 E. Oakridge Circle Lantana, Fla. 33462 Bayview Road Southold, N.Y. 11971 rice at Southold~ NY (certified) ~mail. Mary Diana Foster , residing at 1035 McCann La., O~reenport, NY , being duly sworn, deposes and says that on the /~;"~day of September ,19 89 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roil of the Town of 5outhold; that said Notices were mailed at the United States Post Of- ; that said Notices were mailed to each of said persons by Sworn to before me this C~/$~-'- day, of Sept~nlber , 19 89 Notary Publi~ (This side does not have to be completed on form transmitted to adjoining property owners.)