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Home My WebLink About3912 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 No. 3912 Matter of EDWARD AND CORRINE BIRDIE. Variance to the Zoning Ordinance, Article III A, Section 100-30.A.3, for permission to construct additions to one family dwelling, proposed construction will have insufficient side yard setbacks. Property Location: 3B0 Parsons Boulevard, East Marion, County Tax Map No. 1000, Section 037, Block 01, Lot 17.1. WHEREAS, a public hearing was held and concluded on March 15, 1990 in the matter of the Application of EDWARD AND CORRINE BIRDIE under Appeal No. 3912; 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 west side of Parsons Boulevard, Hamlet of East Marion, and is identified on the Suffolk County Tax Maps as District 1000, Section 37, Block 01, Lot 17.1. 2. This is an application for Variances from the Zoning Code Article III A, Section 100-30A.3, for permission to construct additions to one family dwelling, proposed construction will have insufficient side yard setbacks. Page 2 - Appl. No. 3912 Matter of EDWARD & CORRINE BIRDIE Decision rendered March 29, 1990 3. Article III, Section 100-30A.3, No building or premises shall be used and no building or part thereof shall be erected or altered in the Low-Density Residential R-40 District unless that same conforms to the requirements of the bulk Schedule and of the Parking Schedule, with the same force and effect as if such regulations were set forth herein in full. 4. The subject premises for the proposed extension is 12+- ft. from the south property line and 14+- ft. from the north property line in this R-40 Zone District. 5. In considering this application, the board finds and determines: (a) that the circumstances of this application are uniquely related to the premises and its established nonconformities; (b) that there is no other method for appellants to pursue; and placing the proposed additions to the one family dwelling in any other location on the premises will require other variance relief; (c) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (d) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance, as applied conditionally noted below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Dinizio, it was RESOLVED, to GRANT a Variance in the matter of the Application of EDWARD & CORRINE BIRDIE as applied, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That there shall be no further encroachments into the sideyards. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Sawicki and Dinizio, (Absent Serge Doyen). This resolution was R¢.CEIVED AND FILED BY THE ~ ~Ou~iiCLD, TOVTN Ci.~,~K df GERARD P. GOEHRIGNER, APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH R. SAWlCKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SDUTHOLD, L.I., N.Y. TELEPHONE (516) 765-1809 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, MARCH 15, 1990, at the following times: 7:30 p.m. Appl. No. 3917 - UMBRELLA HOME CARE. Variance to the Zoning Ordinance, Article VII, Section 100-71 C, as disapproved, for permission to construct a sign, proposed sign is not permitted in this Residential/Office (RO) District. Property Location: 28455 Main Road, Cutchogue, County Tax Map No. 1000, Section 102, Block 02, Lot 12.1. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 15, 1990 7:35 p.m. Appl. No. 3909 - JOSEPH CORi~ACCHIA. Variance to the Zoning Ordinance, Article III, Section 100-33, as disapproved, for permission to construct an accessory shed in frontyard Area. Property Location: 835 Kimberly Lane, Southold, County Tax Map No. 1000, Section 070, Block 13, Lot 20.5. 7:40 p.m. Appl. No. 3916 - GEORGE REINHARDT. Variance to the Zoning Ordinance, Article III, Section 100-31, as disapproved for permission to construct deck addition, proposed construction exceeds permitted lot coverage and has insufficient setbacks from property line. Property Location: 1380 Pvt. Road # 3 Trumans Path, East Marion, County Tax Map No. 1000, Section 31, Block 12, Lot 10. 7:45 p.m. Appl. No. 3906 CHARLES COLOMBO. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 B, as disapproved, for permission to construct a deck addition to existing dwelling, proposed construction will have insufficient sideyard setbacks. Property Location: 350 Oak Street, Cutchogue, County Tax Map No. 1000, Section 136, Block 1, Lot 48. Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 15, 1990 7:50 p.m. Appl. No. 3903 - LINDA DAMBASSIS. Variance to Zoning Ordinance, Article III, Section 100-33, (Article XXIII, Section 100-239.4 [A), as disapproved for permission to construct accessories' garage, pool and additions to dwelling in frontyard area. Property Location 2430 Dignan's Road, Cutchogue, County Tax Map No. 1000, Section 83, Block 2, Lot 7.2. 1 7:55 p.m. Appl. No. 3912 - EDWARD AND CORRINE BIRDIE.~ riance to the Zoning Ordinance, Article IIIA, Section 0-30A.3, for permission to construct additions to one family dwelling, proposed construction will have insufficient side yard setbacks. Property Location: 380 Parsons Boulevard, East Marion, County Tax Map No. 1000, Section 037, Block 01, Lot 17.1. 8:00 p.m. Appl. No. 3911 - WALTER RAFFERTY. Variance to the Zoning Ordinance, Article XXIV, Section 241A, (Article XXVIII, Section 100-281 (3), as disapproved, for permission to construct additions and alterations to garage with apartment. Property Location: East End Road, Fishers Island, County Tax Map No. 1000, Section 3, Block 7, Lot 5. Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 15, 1990 8:05 p.m. Appl. No. 3924 - MICHAEL HERBERT. Special Exception to the Zoning Ordinance, Article IX, Section 100-91 (B), for change of use from Bed and Breakfast to a three family dwelling in this Hamlet Business (HB) District. Property Location: 795 Pike Street, Mattituck, County Tax Map No. 1000, Section 140, Block 2, Lot 23. 8:10 p.m. Appl. No. 3918 JOHN AND CATHERINE SIMICICH. Special Exception to the Zoning Ordinance, Article III, Section 100-31, for permission to have a winery for production and winery sales. Property Location: 4250 Bergen Avenue, Mattituck, County Tax Map No. 1000, Section 121, Block 1, Lots part of 001. 8:15 p.m. Appl. No. 3907 - NICHOLAS ALIANO. Variance to the Zoning Ordinance, Article III A, Section 100-30A.2 (Article XXV, Section 100-253 A), as disapproved, for permission to construct a retail office complex, proposed construction is not permitted in this R-40 Zone District. Property Location 29950 Main Road, 30 Pequash Avenue, Cutchogue, County Tax Map No. 1000, Section 102, Bloc 03, Lot 01. Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 15, 1990 8:20 p.m. Appl. No. 3915 - JORDAN'S PARTNERS. Variance to the Zoning Ordinance, Article VII, Section 100-71, as disapproved for permission to construct office and retail stores, proposed construction is not a permitted use in this District. Property Location: 1000 Main Street and 160 Main Road, Greenport, County Tax Map No. 1000, Section 34, Block 2, Lot 1. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before time allotted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated March 6, 1990 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN by Doreen Ferwerda FORM NO, 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL ·..~ ~.o.,, .~.~., ,.~..~.a......%f . .~..~..."m~..~ .~.. ........... PLEASE TAKE NOTICE that your application dated .. ~.~~.. ~ ~ ..... .., 19 .~ ~.. for pe~it to County Tax Map No. 1000 Section ... ~.~ ..... Block ..... ~ 1 ...... Lot ...}.~, J ....... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds..00~.2~...~..~ .~.~ ./.q~.."..~O ~. '~ .7~,~..oo~..~.. ~'~,,~ ~.,..~CC~....~. ~... ~...~. ~.;~ ...... Building Inspector RV 1/80 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO..,~9/ ~ DATE .............................. 1, (We) Warren A. Sambach, Sr. of P.O. box 1033 7575 Cox Lane Nome of Appellant Street and Number Municipality ..N..Y......~...1..9..~.~. ...... HEREBY APPEAL TO State , THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO .......................... . ........... DATED ..N..9..v.?.m..b...e..r.....2..9...,.....1.?..8..~ ............ WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) ~x) Nome of Applicant for permit ~..8..0....~.~ §..o..n. ~...~.y..d..:.... l.~ ~..%¥.~..~ .~...?,.~ .. #.5.1 ...~.~ ~,...~f~ j..~B.,...~.L .~.L ~.3.9 Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Permit to const'ruct additidns to existing one 'family dwelling. 1. LOCATION OF THE PROPERTY .3..8...~.~.?...a.~.~.~.~.s.~..9..1..y..c]~:~...~..P.K~..¥..a.;.~..e.~.c]~:..~...5.)..~..~S...~.~.:.~...S~. Dogwood Lane Street /Hamlet / Use District on Zoning Map District 1000 Secti0n037 BlockO1 L0tl7.1_ · Owner Edward and Corinne Birdie ................................................................................. burrerlr. Mop No. Section II 275 Lot No.~ .part ~7 Pr~0r Owner. LaManna' . 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.) ArticleZII A Section 100-30 A,3 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (×) 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. Lows Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal' No ............... i ...... i.: ........ Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (×) A Variance to the Zoning Ordinance ( ) is requested for the reason that existing dwelling orginally constructed for summer residence.. Present owner would like to expand existing dwelling and convert to an all year residence with one car garage. Form ZB1 (Continue on other side) I. STRICT APPLICATI~ OF THE ORDINANCE would producelljlocticaldifficultiesorunneceso sory HARDSHIP because isitng north side yard di~ance, is less than required with new Zoning requirement. (13'1" vs 15.0' req'd) To remove two feet of dwelling to conform to strict application of the ordinance would produce extra construction costs. The proposed side yard set-backs would conform to the previous A Zoning. 2. The hardship created is UNIQUE and is not shored by oil properties alike in the immediate vicinity of this property and in this use district because of the irregular shape of the property and the original location of the existing dwelling. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because there are other dwellings in Gardiners Bay Estates that encroach on side yard set-baCKS. The area is strictly residential and the variance would not change the character of the neighborhood. STATE OF NEW YORK ) ) COUNTY OF SUFFOLK ) Signature Sworn to this c~3 ~- ~-- ..............................................doy of JANUARY ........................... ]9 90 LINDA J, COOPER Notary Public, Stale of New York No. 4822563, Suffolk County,/-) Term Expires December 31, 19 ~'~ l- t-r.l TOWN OF SOUTHOLD PROPERTY OWNER $T~.~$-¥ FORMER OWNER .,L,..,),),',,,~.:..~ ~s. ~ '~ VL' LAND IMP. / ~00 VI LLAGE TOTAL FAR~ E W DATE COMM. CB. MICS. REMARKS AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable FRONTAGE ON WATER Woodland Meadowlond House Plot ' FRONTAGE ON ROAD BULKHEAD RECORD CARD SUB. Mkt. Volue ACR. TYPE OF BUILDING COLOR M. Bldg. Extension Extension Extension ..... Porch Porch Breezeway I'Oo . Garage Foundation ;asement Ext. Walls Fire Place Patio Recreation Room 0. B. Dormer Total ~ ,, ~ (~ / Bath Floors Interior Finish Heat Rooms Ist Floor Rooms 2nd Floor Driveway jDR. FIN. B ONLY I0~- 037- 01- OI&FOI7 ,SURVEY OF PROPERTY S/tuated a! EA,$T MAR/ON '7-0 WN O~ ' ,30UTHOLD' 3UFFOL/¢ COUNTY NEW YORI, f $CALE = I"=z}O° 5ur/~y c]uaranl¢¢d to: £F.,W4RO ¢ CORI/INE I~/RO/E Ttl~ '£1TLF_ ~U4R/INTEE CF}. Surveyed' b~/ SMITH Prot'e~ssmnal Land 12.0 IVIEDFORD AVE. - PATCHOGUE) Phone 475-3/92 OATES SURVEYED :- 0C700£R ,,7/,/9~0 8/fI~/E R~40 R-80 PARCEL ID Y EK R DG NAME LAND 1988 TOTAL - 1969 - - RES P~P R H LAND TOTAL PET CLS SS C NUMBER - 37. -1 -5 37.-1 -6 " 37. -1 -7 37. -1 -9 37.-1-10 37. -1 -11 37.-1-12 37. -1 -13 37.-1-14 _ 37.-1 -1 -~-3~7. -~1 - 17_ 1_ 37. -1 -1 8 37.-1-19 37. -1 -20 - 37. -1-21 37.-1-22.1 37. -2-3 37. -2 -4 37. 37. 37.-2-7.1 - 37.-2-9.1 .37.-2-12.1 - 37.-2-1~. 4 37.-2-14.1 ~ 37.-2-17.1 .37.-3-1 - '37.-3-2 37. -3-2.1 -- 37.-3-3 37. -3-4 37. -3-5 37. -3-6 37. -3-7 37. -3-8 37.-3-9 37. -3 - 11 37.-3-13 37.-3-15.1 37.-~-16 37.-3-19.1 C OQ CLARK'GEORGE W & WF C PJ HOGAN JEAN 0 C QC BREUER P GEORGE & WF I/t~ RO SAMBACH THALIA G C LR MATZEN LAWRENCE J & aA C MK DUNBAR DIANE D C ND BROOKS MALCOLM S & WF C NW GABBERT PAUL W & MARGA C OP MARSECH WINIFRED , ~PI MAR$ICH WINIFRED E RQ BIRDIE EDWARD &...~ ~-~a~RN MARK JAMES ~ WF C SG WESTENBERG C L & WF C MJ KATSAROS HELEN C NC HAYES PAUL W JR & WF ~'~' OR WINGETT ROGER A & JANE C NB RESSMEYER HENRY F & WF C NU HAUPT ROBERT C & WF C ON HEESS HERMAN C JR C PG SCHALLER ANNA M C RR SCHALLER HAROLD J C RO MUNCY HERBERT E & WF 900 ?,800 ' 700 4,300 1,000 5,900 800 6,500 400 3,900 700 3,600 700 70O 600 2,800 600 3,000 400 400 600 2,500 800 5,300 900 700 1,000 800 400 7O0 7O0 600 600 ¢00 600 80O 1,000 8,000 1,000 600 4,?00 600 500 3'200 SOO 1,200 5,700 1,200 " 700 ' 4'200 ?00 700 4.400 700 700 6,400 700 500 5,000 SO0 500 SO0 500 500 2,200 SO0 ' C {A FRE~TZEL ROBERT 1,000 C OP MANNING PETER A. 900 C RD MANNING PETER A C QB RUTKOSKI STANLEY & WF 600 C SG WAGNER PHILIP JOHN 1.200 C MY TULLY CAROLYN 400 4,500 ' ' 1,000 4,800 900 900 600 600 5,100 1,200 400 400 ~ ~R TULCY CAROLYN M 400 5~500 4OO E ON TULLY CAROLYN M 800 C OK FISHER DAVID L & WF - 300 ' - 2,100 300 C PD FISHER DAVID L & WF 200 200 200 C PW DELISLE HENRY & WF 200 3,800 200 C QP VESEY STEVEN T &ANO 500 2.700 SO0 ..... C-RI CRONIN JOHN $ CONNIE .... 300 -" 2;000 300 C S~ MILLER DORIS P 800 4,200 800 " C SU GENAOER' EDWARD C NQ RICHARDSON CLARA G & 0 900 3,000 C PC THORP LOIS J ~00 200 C RK LUCHT BARBARA 900 4,700 C ~H S~AN-STEPHEN A EST ' - ~00 2~900 C UI TUTHILL HALSEY & ELAIN 1,00~ 2,?00 J & WF 700 4,200 - ?00 - 37.-3-21.1 ' C PE LYMAN KEITH W & GLORIA 37.-3-~2 C PB NEYLAND PETER T II & D 37.-3-23 C PU FROSCH JOHN & WF 37.-3-24 C QN FROSCH JOHN & WF t7.-4-1 C NO DIBLAS! RICHARD 600 7,800 300 3,600 4O0 4OO ?00 3,500 ' I.RO0. ' 7,000 900 200 900 400 1,000 600 300 400 700 1'800 7,800 4,300 5,900 6.500 3,900 3,600 70O 2,800 3,000 2,500 5,300 ~.O00 4,700 3,200 5,700 4,200 4,400 6,400 5,000 500 2,200 4,500 4,800 4,800 600 5,100 400 5,500 5,900 2,100 3,800 2,700 ~.000 4,200 4,200 3,000 4,700 2,909 2,700 7,800 3,600 3,SCiO 9,~ 210 1 210 1 210 1 210 1 260 1 210 1 311 1 260 1 210 1 311 1 260 1 210 1 210 1 210 1 210 1 210 1 210 1 210 1 210 1 210 1 311 1 260 1 210 1 210 1 210 1 311 1 210 1 311 1 210 1 210 1 260 1 311 1 210 1 210 1 260 1 210 1 260 1 260 1 311 1 210 1 210 1 260 t 260 1 ~10 1 311 1 210 1 210 I 04 04 04 04 04 04 04 04 04 04 04 04 04 04 04 O4 04 O4 O4 04 O4 O4 04 O4 04 O4 04 04 O4 04 04 04 O4 04 O4 04 04 04 04 04 04 04 04 04 O4 O4 04 ~',' !T Re~al COUNTY OF SUFFOLK [~_ S_O_UTHOLD_ ~ ~c,~ NOTICE OF HEARINGS NOTICE IS HEREBY given, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the follow- ing hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, MARCH 15, 1990, at the fol- lowing times: 7:30 p.m. Appl. No. 3917- UMBRELLA HOME CARE. Variance to the Zoning Ordi- nance, Article VII, Section 100-71 C, as disapproved, for permission to construct a sign, · proposed sign is not permitted in this Residential/Office (RO) District. Property Location: 28455 Main Road, Cutchogne, County ~ Map No. 1000, Sec- tion 102, Block 02, Lot 12.1. 7:35 p.m. Appl. No. 3909-- JOSEPH CORNACCH/A. Var- iance to the Zoning Ordinance, Article III, Section 100-33, as disapproved, for permission to construct an accessory shed in frontyard Area. Property Loca- tion: 835 Kimberly Lane~ Southold, County Tax Map No. 1000, Section 070, Block 13, Lot 20.5. 7:40 p.m. Appl. No. 3916- GEORGE REINHARDT. Vari- ance to the Zoning Ordinance~ Article Ill, Section 100-31, as disapproved for permission to construct deck addition, pro- posed construction exceeds per- mitted lot coverage and has insufficient setbacks from pro- perty line. Property Location: 1380 Pvt. Road Path, East Marion, County Tax Map No. 1000, Section 31, Block 12, Lot 10. 7:45 p.m. Appl. No. 3906-- CHARLES COLOMBO. Vari- ance to the Zoning Ordinance, Article XXIV, Section 100-244 B, as disapproved, for permis- sion to construct a deck addi- tion to existing dwelling, pro- posed construction will have in- sufficient sideyard setbacks. Property Location: 350 Oak Street, Cutchogue, County Tax Map No. 1000, Section 136, Block 1, Lot 48. 7:50 p.m. Appl. No. 3903-- LINDA DAMBASSIS. Variance to Zoning Ordinance, Article III, Section 100-33, (Article XXIII, Section 100-239.4 (A), as disapproved for permission to construct accessories' garage pool and additions to dwelling in frontyard area. Property Location: 2430 Dignan's Road, Cutchogne, County ,Tax Map No. 1000, Section 83, Block 2, Lot 7.2. ~ 7:55 p.m. Appl. NO. 3912- EDWARD AND CORRINE BIRDIE. Variance to the Zon- ing Ordinance, Article IliA, Section 100-30A.3, for per- mission to construct additions to one family dwelling, pro- posed, construction will have in- sufficient side. yard setbacks. Property Location: 380 Parsons Boulevard, East Marion, Coun- ty Tax Map No. 1000, Section x'----.037, Block 01, Lot 17.1. 8:00 p.m. Appl. No. 3911- WALTER RAFFERTY. Vari, ance to the Zoning Ordiannceg Article XXIV, Section 241A,' (Article XXVIII, Section' 100-281 (3), as disapproved, for ' permission to construct addi- tions and alterations to garage with apartment. Property Loca-. tion: East End Road, Fishers Is- land, County Tax Map No. 1000, Section 3, Block 7, Lot 5.~i 8:05 p.m. Appl. No. 3924-- MICHAEL HERBERT. Special Exception to the Zoning Ordi- nance, Article IX, Section 100-91 (B), for change of use from Bed and Breakfast to a thee family dwelling in this Hamlet Business (HB) District. Property Location: 795 Pike Street, Mattituck, County 'lhx Map No. I000, Section 140, Block 2, Lot 23. 8:10 p.m. Appl. No. 3918-- JOHN AND CATHERINE SIMICICH. Special ExcegOm to the Zoning Ordinance, Arti- cle Ill, Section 100-31, for po'- mission to have a winery for production and winery ~ Property Location: 4250 Ber~n Avenue, Mattituck, County Map No. 1000, Section 121, Block 1, Lots part of 001. 8:15 p.m. Appl. No. 390'I-- NICHOLAS ALIANO. Variance to the Zoaing Onli- nance, Article III A, Sectio~ 100-30A.2 (Article XXV, Sec- tion 100-253 A), as disapproved, for permission to construct a ~- ~il office complex, construction is not permitted in this R-40 Zone District. perty Location: 29950 Main Road, 30 Pequash Avenue, Cm- chogue, County Tax Map No. 1000, Section 102, Block 03, Lot 01. 8:20 p.m. Appl. No. 3915- JORDAN'S PARTNERS. ~ari- ance to the Zoning Ordinanc~ Article VII, Section 100-71, as disapproved for permission to construct office and retail sto~, proposed construct is not pet- mitred use in this District~ ~ perty Location: 1000 Main Street and 160 Main Road, Gpeenport, County Tax ~ No. 1000, Section 34, Block 2, Lot I. The Board of Appeals will at said time and place hear any and all persons or representativea d~- siring to be heard in each of the above matters. Written ment~'may afio be ~Ub~it~i prior to the conclusion of the subject hearing. Each hearing will not start before time al- lotted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated: March 6, 1990 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN by Doreen Ferwerda IX, 3/8/9O (28) E IS HEREBY GXV .1~, pmumt ~ Sec.~n 267 ~ the To~n Law ~ of ~ T~ S~o~, ~e foHow~ h~gs will ~ h~ld ~ ~ SOUTHOLD ~ BO~ OF ~ Reg~r Meet~g, at ~ S~old T~ HaH, Ma~ Road, ~old, NY 11971, on THURSDAY, ~ 15, I~ ~ ~ f~g 7:30 p.m. AppL No. 3917 ~B~ HOME C~ de ~. ~m 1~-71 C, approved, for ~ission to ~a a sign, ~ s~ is nm ~O) Dis~ct. P~ ~ati~ 28455 Main Road, Cutchogu~ 1~ BI~ ~ ~ 12.1. 7:35 p.m. AppL No. J~H ~AC~.V~ ~ 1~33, ~ diu~. f~' shed ~ f~tyard A~n. ~e~y. ~c~rion: 835 K~berly ~ne,. Southold, County T~x Map No.. 1000, Section 070, Block 13, Lot 20.5. 7:40 p,m. Appl. No. 3916 ~ GEORGE REI~HARDT. Variance. Section 100-31, as disapproved for. Pennissio~ to construct d~ak oddly' ~ pmpmed consuu~on permitted lot coverage and has. imuff'tcient setbacks frmn property llnc Property Location: 1380 P~ Rind # 3 Tmm~m Path, East Ma~- on, Connty Ttx map Nb 10~0, Sec-. tim 31, Blodr 12, Let 10. 7:45 p.m. AppL No. 3906 =~ CHARLES COLOMBO.' Variance to the Zonin8 Ordinance, Article XX~V, Section 100-244 B, as dis- approved, for permission to con- struct & deck addition to existing. dweHMg, ~,,~ed co~muainn wi~ · hav~ insufficieat sideya~d setbacks.. Pro.ny Location: 350 Oak St~,- Cutchogue, County Tax Map No.. 1000, Section 136, Block 1, Lot 48.. 7:30 p.m. AppL No. 3903 -- LIHDA DAMBASSIS. V~riance to Z~ing ordinance, Article IH, Sec- tim 100-33, (Article ~ Sec~im. 100-239.4 (A), as disapproved for Pennissic~ to consuuct accessories? garage pool and additions to Location 2430 Diinan's Road, Cutchogue, County Tax Map .~000, Sec~im 83, Bloak 2, Lm 7.2.~ · ~ 7:53 p.m. AppL No. 3912 -- · EDWARD AND CORRINE BIRDIE. Variance to the Zo~in8 Ordinance, Article RI A, Section 100-30A.3, for pcmfission to struct additions to one family have insufficient sid~ yanl sedx~J. Property Location: 380 Parsons Boulevard, East Marion, County T~t Map No. 1000, Sec~on 037, Block 01, Lm 17.1. ~ 8:00 p.m. Appl. No, 391L~~ WALTER I~i~ERTY. Variance to the Zonin8 Ordinance, Article XXIV, Section 241A, (Article XXVI~ Section 100-281 (3), as dis- approved, for permission to con- struct additions and alte~ailem to garage with apartment. Property Location: East End Road, Fishen Island, County Tax M~p No. 1000, Section 3, Block 7, L~ 5. 8:05 p.m. AppL No. 3924 -- I~CHAEL HERBE.RT. Special E~ coption to the Zoning Ordinance, Article IX. Section 100-91 (B), for change of use fn~n Bed and Break- fast to a duee famay dwelling in this Hamlet Business (HB) District. See Legals, Ne~ pa§e MattitdCk, County Tax Ma~ No. 8:10 p.m. AppL No. ~918 -- JOHN AND CATHERIN~ CICH. Speci~ Exeep~ ~ ~e ~~A~- ck, in dm 1~31' f~m~ ~ ~lpal w~e~ for p~ ~ ~ sales. P~e~y ~ ~50- ~pef~ B~ A~, ~ ~ ~ Of T~ Map No, 1~, ~ 121, Bl~ 1, ~ ~ ~ ~. ' ;hlCh 8:15 p~m. Appl. ~. 3~7 ~ ed MCHO~S ~ ~ ~ ~~~m~ eeks ~c~ 1~30A.2 (~ ~V, ~mI~3A),H~, lay of ti~ is ~ ~it~ h ~ R~ ~e D~ ~ ~: 29950 Main Ro~, M ~uash ~// Avenue, ~osu~ ~ty T~ ~ Eo. 1~, h i~ B~ ~,~01. 8:20 p.m. AppL No. 3915 ~ ~O~'S P~ to ~e ~hS ~ A~c~ f~ ~hsi~ to ~ o~.. and 160 Mah R~, s~j~ h~. ~ ~S.~ ~ ava~aMe, ~ ~ ~ mo~ BYO~t "" /~/ Southold Town Board of Appeals MAIN ROAD- r~TATE ROAD 25 E;OUTHOLD, L.I., N.Y. 11g71 TELEPHONE {516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICK[ ~/~/~ JAMES DINIZIO, JR. ' 6 TO WHOM IT MAY CONCEP~N: Enclosed herewith as confirmation of the time. date and place of the public hearing concerning your application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the times allotted in the attached Legal Notice. Please feel free to call our office prior to the hearing date if you have questions or wish to update your file. Yours very truly, CHAIRMAN dff JUDITH T. TERRY TOWN CLERK OFFICE OF THE TOWN CLERK TOWN OF $OUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, $outhold Town Clerk Dated: JANAURY 25, 1990 Transmitted herewith is Zoning Appeal No. 3912 , application of WARREN A. SAMBACH FOR EDWARD AND CORINNE BIRDIE for a variance. Also included is: Notification to Adjacent Property Owners; Short Environmental Assessment Form letter relative to NYS Tidal Wetlands Land Use; Notice of Disapproval from the Building Department; survey of property; and any other attachments relative to this application. Judith T. Terry APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SDUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 January 25, 1990 Mr. Warren Sambach P.O. Box 1033 7575 Cox Lane Cutchogue, NY 11935 Re: Appeal No. 3912 Edward & Corinne Birdie Dear Mr. Samuels: Upon reviewing your application we find that you neglected to notify neighbors. under Appeal No. 3912 one of the adjoining We enclose herewith a Neighbor Notice to be sent to: Thalia Sambach P.O. Box 791 Dogwood Lane East Marion, NY 11939 Please return to our office notarized with Certified mail receipt. We will then schedule your appeal for our next meeting which should be sometime in March 1990. Thank you. ~Y~)urs ve.~y/~]~5,, J GERARD P. GOEHRINGER CHAIRMAN tm Encl. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, .Ir. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCO'I'F L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 April 25, 1990 Mr. Warren Sambach P.O. Box 1033 7575 Cox Lane Cutchogue, NY 11935 Re: Appl. No. 3912 - EDWARD & CORRINE BIRDIE (Variance) Dear Mr. Sambach: 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 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y.' 11971 TELEPHONE (516) 765'1809 FAX No. (516) 765'1823 March 15, 1990 TYPE II ACTION DECLARATION Appeal No. 3912 Project/Applicants: County Tax Map No. Location of Project: Edward and Corrine Birdie 1000-37-1-17.1 380 Parsons Boulevard, EaSt Marion, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct addition with insufficient side yard setback. 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 G17.2jj, this Department 'is excluded as an involved agency. This determination shall not, however, affect any other agency's interest as an involved agency under SEQRA 617.2jj. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. tm WARREN A. SAMEIACH, MOVED 3'0: P.O. Box 10,%3 ~ tame Cutcbogue, N.Y. 1¶~ 516-734-74~ January 30, 1990 Gerard P. Goehringer Chairman Southold Town Board of Appeals Main Road State Road 25 Southold, NY 11971 Re: Appeal NO. 3912 - Edward & Corinne Birdie Mr. Goehringer: Enclosed is receipt for certified mail sent to Thalia G. Sambach with reference to the above, together with notorized Notice to adjacent property owner. The reason why a Notice was not sent to Thalia G. Sambach as she is my wife and I am the applicant for Edward and Coriunne Birdie. Sincerely, Warren A. Sambach, Sr. P.E. was:s encls. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date.../0..~rV~o......[~.... ?.~ ...... , 19..~.~. e'~ .. ~ 8.~..~~..~.4.... ~. ~.~ . ~.~.~~..~.. ........... PLEASE TAKE NOTICE that your application dated .. ~.q~:-'~.:2:,~.. ~ ~ ..... .., 19 .~.. for pe~it to ~¢..~ ~..~...~ ~ ....... at Location of Property~dx~.~O~o~. '~-'~ ' ~' '(' ~ ' ~' ~' '~ ' ~ ~$rreer County Tax Map No. 1000 Section ... ~. ~ ~ ..... Block ..... ~ I ...... Lot ...~.~ ~ J ....... Subdivision ................. Filed Map No. ~ ............... Lot No .................. i~ ~t.~n~d h~wit~ .~d di~.pp~o~d o. t~ ~o~ow~g ~o~d~..~ .~ ~ .t~:. }o ~. ~ ...... Building Inspector RV 1/80 617.21 ~ Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM SEQR '-- - . . For UNLISTED ACTIONS Only '~--PART I--PROJECT INFORMATION'(To be completed by Applicant or Project sponsor) 3. PROJECT LOCATION.' Munlcloallty ~aS[ ~aE~OD 4. Coumv Suffolk 380 Parsons Blvd.· (Private Road ~5) Westside, 364 0,+ s~uth of Dogwood Lane (Private Road) · - [~No IfNo. describel~rJelly Zone change to R-40 from A. One family dwellings 5. IS PROPOSED ACTION: [~ New [] Expansion ]~'4%4odilica Ilon/allerallon 6. OESCmBE PROJECT BRIEFLY: Enlarge existing dwelling. 17'6" x 20'6" rear one story bedroom extension. 21'0" x 33'0" side extension, partial living room extension, kitchen, dining room, sun porch one story with one car 'garage below. ?. AMOUNT OF LAND AFFECT ; Initially 0 · 3 2 2 ~ acres Ultlmalelv 0 * 3229+ acres 8. WILL PROPOSED ACTION COMPLy WITH EXISTING ZONING Off OTHER EXISTING LAND USE RESTRICTIONS? 10. DOES ACTION INVOLVE A PERMIT APPROVAl. OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER G~)~'ERNMENTAL AGENCY (FEDERAL. ~ · STARE OR LOCAL)? [~No Ifyes. lisla§eflcy(s) afldpermit/approvals. Building Department, Townof Southold ! I. ODES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? I2. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? F~Ho I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE REST OF MY KNOWLEDGE Applicantlspongname: Warren A. Sambach Sr. for H/M Ed. R~rd~ ea~e: ~-~4-90 If the action is in the Co ~ ~ ~ astal Area. and you are a state agency, complete 1 (Continued on reverse side). ~-- (a; l~order to answer ~he questions in this short E~ it is ass~ed that the preparer will use currently available information COncerning the pro)eot and the likely impacts Of the action. It is not expected that additional Studies, research or other investiga=ions will be undertaken. (b) If any question has been answered Yes the project may be Sig- nifican~ and completed Enviro~ental Assessmen~ Form is necessary. (c} If all questions have been answered No it is Xikely that the projec= is no~ signific~t. . Yes Will project affect any threatened or endangered----' plan= or animal Species? (dj Environmental Assessment 1. WAll project result in a larde physical change to the project site or physicaliy alter more than 10 acres of land? ~Zes X NO 2. Will there be a major change to any unique or ~usual land form on the site? 3. Will project alter or have a large effect on .an existing body Of water? 4. Will project have a poteotlally large, imoact on _~_¥es X..__No groundwater quality? - 5. X No Will project siqnificantly effect ~' ou adjacent'sites?' ' drainage flow 6. X No 7. Will project result in a major adverse effect on air quality? 8. Will project have a major effect on visual char-" _Yes acter of the community or scenic views or vistas known to be importanc to the oonununity? __Yes _~_No 9. Will project adversely impact any site or Struct- Ure of historic, pre-historic, or paluontologlcuL. 10. Will project have a major effect on existing Or future recreational opportunities? 11. Will project result in major traffic problems or Yes X No 12. Will project regularly cause objectionable odors, ance as a result of the project's operation? ~Yes X NO Will Project have any impact on public health Yes X.~._No 14. ~ill project affect the existing 'co~nunit~ by charact6~r of the co~u~unLty or neighborhood? 15. ~o;~::~ 7lie controversy concerning the "epreseetieq~M/M Edward Birdie ZSA ~/75 Date: 01/24/90 QUESTIONNAIRE TO BE COMPLETED AND SUB, fITTED ~Ttt YOUR APPLICATION FO~'d4S TO THE BOARD OF APPEALS Please complete, sign and return to the Office of the'Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch), to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours? Yes No 2.a)Are there any areas which con~in 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? 5. If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground 1-~-~17 State total: ft. 6. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground 1-~-~17 State total: ft. Are there other premises under your ownership abuttin~ 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 No Yes No Yes No Yes No Yes No Yes NO Yes No Yes No 10. 11. 12. 13. Do state'~hether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning Board Yes No Town Board Yes No Town Trustees Yes No County Health Dep~rtme~t' Yes No Village of Greenport Yes No N.Y.S.D.E.C. Yes No Other Buildinq Department, Town Southold Yes No Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (fromm'contract) Is new construction proposed in the area of contours at 5 feet or less as exists? If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have you made application to the Town Trustees for an inspection for possible waiver or permit'under the' requirements of Ch. 97 of the Town Code? Yes No Please list present use or operatipns conducted upon the subject property at this time ONE FAMILY DWELLING and proposed ONE.FAMILY DWELLING Yes No Yes No Please submit photographs for the record. I certify that the above statements ~re true and are being submitted for re~ance by the Board of Appeals in considering my application. Signature ~D~d~K~eWr~ (Authorized Agent) Warren ~.;iSa~9~h, Sr. P.E. for M/M Edward Birdie 1/88 ~ WETLANDS [Amended 8-26-76 hy L.L. No. 2-1976; 3-26- 85 by L.L. No. 6-1985]: A, TIDAL WETLANDS: (1) All lands generally covered or h~termittently coy- ered with or which bord~r on, thlal wators~ or htnds lying beneath tidal waters, which at mean low tide ~ are covered by tidal wators to a maximum depth ~f five (5) feet. inclu(l~ng but not limited to banks, bogs. salt marsh, swamps, meadows, flat.~ or other low lying lands subject to tidal action: (2) All banks, bogs, meadows, fiats and tidal m.~rsh : subject to such tides and upon which grows or may grow some or any of the following: salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush. cattails, groundscl, marshmallow and Iow march cordgrass; and/ar (3) All land immed ately adjacent to a tidal wetland as defined n Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wet]and. ~ B. FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in ~.rticle 24, Ti- tle 1, § 24-0107. Subdivisions l(a) to l(d) inclusive, of the Environmental Conservation Law of the State of New York; and (2) All land immediately adjacent to u "freshwater wet- land," us defined in Subsection l~(1) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." 9705 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 22 much. MS. STEELMAN: THE CHAIRMAN: MS. STEELMAN: THE CHAIRMAN: would like to plication? Okay. We thank you very Thank you. Anybody else that speak in favor of this ap- Anybody that would like to speak against the application? Any question from the Board members? Hearing no further questions, I make a motion closing the hearing, reserving decision until later. MR. GRIGONIS: Second. THE CHAIRMAN: All in favor? MR. GRIGONIS: Aye. MR. DOYEN.: Aye. MR. DINIZIO: Aye. THE CHAIRMAN: The next appeal is in ~-~lf of Edward and Corrine Bi~di~e. The legal notice reads as follows: ~n.~Application Number 39~ Edward and Corrine Birdie. Variance to the Zoning Ordinance, Article IIIA, Section 100-$0A.3, 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 23 for permission to construct additions to one family dwelling, proposed construction will have insufficient side yard setbacks. Property Location: 380 Parsons Boulevard, East Marion, County Tax Map Number 1000, Section 037, Block 01, Lot 17.1. We have a copy of a site plan and a set of the overall construction plans. I don't have a date on it. It does show from Warren Sambach, Consulting Engineers, and we are requesting ... or he is requesting to enhance an existing residence by placing two additions and a garage on this particular premises. Would you like to be heard, sir? MR. SAMBACH: Yes, sir. Thank you. Warren SamBach. Once again I come before you representing the owner and Garden Bays Estates, with an irregular piece of property that was developed many years ago with a small summer home. As you know from previous applications, the various lots of Garden Estates are less than one acre and 2 3 4 5 ~6 7 9 10 11 12 13 14 16 17 18 19 20 21 22 23 24 25 cannot zoning. conform to the new Master Plan 24 The unique situation of the proposed expansion and alteration to the existing dwelling is that it would conform to the old zoning, A, which the existing side yards setback shown on the survey of the old zoning, A, was a 25-foot ... a total of 25- foot side yard. The site plan shows the 12- foot plus and 13 foot plus side yards. I respectfully request consideration be given with reference setbacks. THE CHAIRMAN: front yard problem. MR. SAMBACH: No rear yard problem. THE CHAIRMAN: the record, well-placed. Mr. Sambach. to these side yard There appears to be no No front yard problem. would I would say that, for that the additions appear to be We thank you very much again, MR. SAMBACH: Thank you. THE CHAIRMAN: Anybody else that like to speak in favor of this 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 25 application? Anybody that would like to speak against the application? Seeing no hands, I make a motion closing the hearing, reserving decision until later. MR. GRIGONIS: Second. THE CHAIRMAN: All in favor? MR. GRIGONIS: Aye. MR. DOYEN: Aye. MR. DINIZIO: Aye. THE CHAIRMAN: The next appeal is in behalf of Walter Rafferty, Appeal Number 3911. The legal notice reads as follows: Upon Application Number 3911, Walter Rafferty. Variance to the Zoning Ordinance, Article XXIV, Section 241A, (Article XXVIII, Section 100-281 [3]), as disapproved, for permission to construct additions and al- terations to garage with apartment. Proper- ty Location: East End Road, Pishers Island, County Tax Map Number 1000, Section 3, Block 7, Lot 5. I have a copy of the site plan, which BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter oT the Petition of Edward & Corrine Birdie to the Board of Appeals of the Town of Southold TO: Thalia G. Sambach P.O. Box 791 East marion, NY 11939 NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance)%t~aF~Y~l~l~l~e~ralcF4frm%Tx~xx~xixFe~l~ 2. That the property which is the subiect of the Petition is located adjacent to your property and is des- cribed as follows: 380 Parsons Blvd. westside 362'+ south Dogwood Lane Gardiners Bay Estates, East MArion, NY 11939 3. That the property which is the subject of such Petition is located in the following zoning district: R-40 4. That by such Petition, the undersigned will request the following relief: side yard set-back $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare A:Cicle III A Section 100-30 A.3 [ ] Section 280-^, 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, $outhold, New York and you ma)/then and there examine the same during regular office hours. (516) 765-1809. 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: January 29, 1990 Petitioner Warren A. Sambach Owners'Names: ~ra ~ nnrinne Birdie PostOfficeAddress P.O. Box 1033 7675 Cox Lane Cutchoque, NY 11935 Tel. No. [516 ) 734=7492 [Copy of sketch or plan Ho be attached for convenience purposes.] NAME Thalia G. Sambach PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P.O. Box 791 East Marion, NY 11939 P 823 959 626 RECEIPT FOR CERTIFIED MAIL (See Reverse) Thalia G. Sambach Sire an No JP 0 SIale and ZIP Coge r East Marion, NY 119 19 to wh ellvere0 40 STATE OF NEW YORK ) COUNTY OFSUFFOLK) SS.: Warren A. Sambach, Sr. .residingatP-O. Box 1033 7675 Cox Lane Cutchoque, NY 11935 , being duly sworn, deposes and says that on the 29 day of January ,19 90 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the,names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at Cutchooue, NY 11935 ; that said Notices were mailed to each of said persons by (certified) (registered) mail, Sworn tott~efore me this 50 day 0/% ?~--<'-.~'~. , 19 90 U 0 Notary Public (This side does not have to be completed on form transmitted to adjoining property owners.) BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of Mr. & Mrs. Edward Birdie to the Board of Appeals of the Town of Southoid TO: NOTICE TO ADJACENT Fred Wingett, P.O. Box 139 East Marion, NY 119~OPERTY OWNER James Mark, P.O~ Box 244, East Marion, NY 11939 ¶Mrs. E.J. Marsicj, 72-36 ll2th Street, Forest Hills, NY 11375 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) 2. That the property which is the subiect of the Petition is located adiacent to your property and is des- cribed as follows: 380 Parsons Road ( Private Road ~3) 3. That the property which is the subiect of such Petition is located in the following zoning district: R-40 4 That b'~ such Petition, the undersigned will request the following relief: insufficient side yard set-backs 5. That the provisions of the Southoid Town Zoning Code applicable to the relief sought by the under- signed are Article IliA Section 100-30A. 3 [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five day's 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) 765-1809. 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: January 22, 1990 Warren A. Sambach, Sr. Petitioner Owners ' Names: Edward Birdie Post Office Address P.O. Box 1033 Cutchogue, NY 11935 Tel. No. [ 516) 734-7492 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAI~ ADDRESS P 823 959 637 I~ECEIPT 1=Oi4 CERTI1=IED MAIL RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) ~ RECEIPT FOR cF_RTIFIED MArL NO iNSURANCE COVERAGE pROVIDED NOT FOR iNTERNATIONAL MAIL (See Reverse) jameS Mark 244 STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: Warren A. Sambach , residing at P.O. Box 1033 7675 Cox Lane Cutchoque, NY 1 1 935 , being duly sworn, deposes and says that on the day of January ,19 90 . deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of $outhold; that said Notices were mailed at the United States Post Of- fice at Cutchogue, NY 11935 ; that said Notices were mailed to each of said persons by ( c er t ified ) {~s¥,IC~Kx Sworn to before me this day of January ,1990 ~otary-Pl~l~lic LINDA J. COOPER Notary Public, State of New York No. 4822563, Su~oik County ('3 Term Expires Decsmbgr 31.19 z%'(-- (This side does not have to be completed on form transmitted to adjoining property owners.) TOp o~ FRONT ELEVATION LEFT SOUTH ELEVrATION F~ZST F L ¢of~, E,A ¢_ A _d'-q ~' _ R__~_E A R ELEVATION. R I G H T (NORTI'I) E L E V A T I 0 ,.N, GENERAL NOTES ALL CONTRACTORS TO VISIT JOE SITE, CHECK EXISTING CONDITIONS AND DIMENSIONS AND FAMILIARI?E THEMSELVES WHERE THE NEW CONSTRUCTION AND ALTERATION WORK IS TO HE PERFORMED, AND BE RESHONSIELE FOR ~MAE. 2. THE CONTRACTOR SHALL CHECK AND VERIFY DIMENSIONS ON THE DRAWINGS WITH ACTUAL MEASUREMENTS OF ALL WORK IN PLACE AT THE SITE AND BE RESPONSIBLE FOR THE CORRECTNESS OF THEM. ANY DIFFERENCE FOUND SHALL BE REPORTED TO THE ENGINEER IN SUFFICIENT TIME FOR CONSIDERATION AND DIRECTION. 3. THE CONTRACTOR SHALL BE RESPONSIBLE FOR ESTABLISHING ALL LINES, GRADES, AND BENCH MARKS NECESSARY FOR PROPER EXECUTION OF THE WORK BEFORE STARTING. ALL SURVEY DATA SNALL BE VERIFIED BY THE CONTRACTOR AND HE SHALL IMMEDIATELY CALL THE ENGINEER IF ANY DISCREPANCIES EXIST. 4. ALL TOPSOIL IS THE PROPERTY OF THE OWNER. STRIP TOPSOIL, EXCAVATE AND GRADE SAME UPON COMPLETION OF CONSTRUCTION. EXCAVATE TO FOOTING DEPTHS SHOWN ON THE DRAWINGS. 5. FOOTINGS TO BEAR ON UNDISTURBED SO1L (VIRGIN) OF TWO TONS PER SQUARE FOOT BEARING CAPACITY, MINIMUM. FOOTING BOTTOMS TO BE WELL DRAINED, PUMP AS REQUIRED. 6. THE CONTRACTOR SHALL NOTIFY THE BUILDING DEPARTMENT WHEN EXCAVATION IS COMPLETED AND NO CONCRETE IS TO BE POURED UNTIL BUILDING INSPECTOR HAS APPROVED THE SOIL CONDITIONS FOR EACH FOOTING AREA EXCAVATED. 7. CONTRACTOR RESPONSIBLE FOR ALL INSPECTIONS, APPROVALS, U.L APPROVAL, FINAL SURVEY AND OBTAINING CERTIFICATE OF OCCUPANCY. 8 ALL CONSTRUCTION TO CONFORM TO BUILDING DEPARTMENT RULES AND REGULATIONS, NEW YORK STATE BUILDING CODE. ALL ELECTRICAL AND PLUMBING TO CONFORM TO CODE OF BUILDING DEPARTMENT. 9. ALL POURED CONCRETE TO BE 3000 PSI 28 DAY, AND CONFORM TO AMERICAN CONCRETE INSTITUTE BULLETIN ACI 318-77 FOR~ DESIGN ~ATERIALS AND METHOD OF ~ONSTRUCTION. SLUMP 5" PLUS OR MINUS l" FOR GRAVEL OR STONE AGGREGATE CEMENT. 10, CONCRETE TO BE READY MIXED, AND NO CONCRETE SHALL BE POURED IN WEATHER UNDER ~0 DEGREES, 11, PROVIDE SLEEVES AND BOX OUT FOR ALL OPENINGS IN CONCRETE WALLS FOR ALE TRADES. OPENINGS SHALL BE PLACED SO TNAT STRENGTH OF STRUCTURAL MEMBERS IS NOT EFFECTED. 12. MAINTAIN A MAXIMUM SLOPE OF ONE VERTICAL TO TWO HORIZONTAL BETWEEN BOTTOM OF ADJACENT FOOTINGS INCLUDING BOTTOM OF EXISTING FOOTINGS. 13. POURED CONCRETE SLABS TO HAVE SMOOTW FINISH, REINFORCED AS CALLED FOR ON DRAWINGS. 14. ALL CONCRETE BLOCK SHALL BE LOAD BEARING AND SHALL CONFORM TO ASTM STANDARDS C 90 FOR GRADE "N" UNITS. 15. MORTAR TYPE "M" CEMENT MORTAR, ALL MEASURED BY VOLUMNE PER ASTM C 270-73. MASONRY REINFORCEMENT OF GALVANIZED TRUSS DESIGN SIMILAR TO DUR O-WAL OR EQUAL, HAVING NO. SIDE BARS X NO. 9 CROSS BARS. REINFORCEMENT SHALL BE WIDTHS RECOMMENDED BY MANUFACTURER FOR VARIOUS WALL THICKNESSES REQUIRED, NO LESS THAN 5/8" MORTAR COVER FOR SIDE RODS. REINFORCEMENT EVERY OTHER COURSE (l'd") OF BLOCK. ]7. FILL CONCRETE BLOCKS SOLID UNDER CONCENTRATED LOADS IN ALL BLOCK WALLS, ABOVE AND BELOW GRADE. 18. ALL ANCHORAGE PLACED IN MASONRY TO BE FILLED SOLID WITH CONCRETE. 19. ALL JAMBS AT MASONRY OPENINGS TO BE FILLED SOLID WITH CONCRETE. 20 NO MASONRY CONSTRUCTION BELOW 35 DEGREES FARENHEIT- (NO CINDER BLOCK PERMITTED). ALL BLOCK WORK SHALL BE CLEAN AND PLUMB. THERE SHALL BE NO DIMENSIONAL VARIATIONS IN EXCESS OF %". 21. ALL NECESSARY INSERTS, W1RING, ANCHORING DEVICES AND ITEMS RELATED TO OTHER TRADES~ ATTACHING TO CONCRETE, SHALL BE INSTALLED BY THE MASONRY CONCRACTOR. 22. ALL FRAMING LUMBER AND DETAILS OF WOOD CONSTRUCTION SHALL CONFORM TO TBE NATIONAL DESIGN SPECIFICATIONS FOR STRESS-GRADED LUMBER AND STEEL FASTENINGS. ALL NEW FRAMING LUMBER FOR JOISTS AND LOAD BEARING STUD WALLS AND WOOD COLUMNS SHALL BE DOUGLAS FIR Fb=1200 PSI- ALL LUMBER SHALL BE GRADE HARKED AT MILL AND SHALL BE SURFACE DRY. 23. ALL BEAMS, JOISTS, AND HEADERS TO BE INSTALLED CROWN UP, FREE OF KNOTS, SPLITS, CHECKING. 24. PROVIDE CROSS BRIDGING AT MAXIMUM 8'0" O/C FOR ALL JOISTS. NO JOISTS SHALL RE CUT OR NOTCHED WITBOUT ENGINEER'S APPROVAL. 25. SWEATING SHALL BE PLYWOOD AND COMPLY WITH APPLICABLE COMMERICAL STANDARDS: ROOF SHEATING - 5/8" THICK C-D INT-APA WITH EXTERIOR GLUE. MAXIMUM SPAN 16" O.C. SUB FLOORING 3/~" THICK ? g G C D INT-APA WITH EXTERIOR GLUE. MAXIMUM SPAN 2~" D.C. WINDOWS TO BE "ANDERSEN", SIZE AS SHOWN ON PLANS OR APPROVED EQUAL. ALL INSULATED, THERMAL BARRIER, SCREENS AND ALL ACCESSORIES. WEATHERSTRIPFING FOR COMPLETE INSTALLATION. 27 FIXED UNITS TO BE INSULATED GLAZED UNITS WITH PROFILES TO MATCH ADJACENT UNITS. 28. CONTRACTOR 'PO SUBM1T WRITTEN 5 YR. WARRANTY TO REPAIR/REPLACE DEFECTIVE MATERIALS OR WORKMANSN~F. WARRANTY PERIOD TO BEGIN AFTER DATE OF FINAL ACCEPTANCE- 29. GLASS/GLAZING TO BE CLEANED PRIOR TO FINAL ACCEPTANCE. 30. ALL EXTERIOR WOOD/METAL DOORS TO BE FULLY WEATHERSTRIPPED. S~ES AS INDICATED ON DRAWINGS. DOORS TO HAVE "U" FACTOR OF .~0 OR LESS, WITH 1" DOUBLE INSULATED GLAZING AS INDICATED- 31. ALL DOORS TO BE HUNG WITHIN 48 HOURS AFTER DELIVERY.DOORS THAT ARE WARPED PRIOR TO INSTALLATION ARE TO BE REPLACED AT NO COST TO OWNER. 32 COLOR OF VINYL SIDING AND TRIM SHALL BE AS PER OWNER'S SELECTION. 33. ROOF SHINGLES TO BE NON-ORGANIC, TAMCO SELFSEALING, 3 TAB FIBERGLASS SMINGLE OR APPROVED EQUAL MATCH EXISTING COLOR. SUBMIT TO OWNER BEFORE ORDERING. 3z. CONTRACTOR TO GUARANTEE SHINGLES FOR iS YEARS. METAL FLASHING FOR 5 YEARS. WRITTEN GUARANTEE TO BE SUBMITTED BEFORE FINAL ACCEPTANCE. 35. FLASHING TO BE STAINLESS STEEL TYPE 302/30~ 2D FINISH, GAUGE 26, OR COPPER TO SE LAPPED AND 36. 37. 38. SOLDERED ACCORDING 7'0 BEST PRACT/ICE. GUTTERS AND LEADERS TO BE ALUMINUM AND ONE PIECE CONSTRUCTION SPIKE AND SLEEVE SUPPORT 2~" O/C, PITCH TO LEADERS. GYPSUM BOARD SIi~E SNAIL BE AS SHOWN ON PLAN. WATER RESISTANT OR EQUAL. METAL TRIM, ACCESSORIES, INCLUDING CORNER BEADS, CASING BEADS WITH MINIMUM NUMBER OF JOINTS. WALLBOARD SHALL BE SNEETROCK W/R AND EDGE TRIM SHALL BE STANDARD TYPE GALVANIZED STEEL. FASTENERS FOR ATTACHMEN~ OF GYPSUM ~OARD TO WOOD STUDS ~ND FURRING SHALl, BE CADMIGM PLATED OR EQUAL RUSTPROOF TREAYED~ TYPICAL USG BRAND DRYWALL NAILS OR EQUAL. z!0. PRO\ iDE ALL MATERIAL AND LABOR FOR ALL iNTERiOR AND EXTERIOR FAiNTiNG, VARNiSHiNG, STAINING AND SHELLACKING, OILING OF WOODWORK, ETC. <1. PREPARE ALL SURFACES, CLEAN AND ANDPAPER, READY FOR PAINTING. ALL MATERIALS TO BE BROUGHT TO O(~E SITE IN ORIGINAL PACKAGING AND MIXED ON SITE. COLORS ARE TO RE APPROVED ANU SEt~ECTED BY THE OWNER. CONTRACTOR TO SUPPLY SAMPLES FOR OWNER'S APPROVAL. z]zl. PROVIDE PROTECTION (DROP CLOTHS),'AND CLEAN ALL SPOTS CAUSED BY THE WOE. WARDWARE TO EE MASKED TO PREVENT DAMAGE FROM FAINTING. BACK PAINT ALL EXTERIOR AND INT~R/OR WOOD FINISH. EXTERIOR WOODWORK TO BE RRIMED ~OMPLETELY, BEFORE INSTALLATION. NO EXPOSED NAILING PERMITTED. ALL SURFACES ARE TO BE DRY AND UT OF DIRECT SUNLIGNT WHEN PAINTED. ~7. ELECTRICAL CONTRACTOR FO FILE F R ALL PERMITS RELATING TO HIS WORK AND PAY ALL FEES. ~8. MAINTAIN ELECTRICAL SYSTEM FOR LIGHT AND POWER FOR ALL TRADES. z'9. ALL NEW ELECTRICAL WIR1NG, FIX'IIURES, OUTLETS, SWITCHES AND EQUIPMENT TO BE PROPERLY GEOI1NDED. 50. COORDINATE ALL WORK WITH OTHER TRADES-PLUMBING, CARPENTARY, HEATING, ETC. PLOT PLAN _J ,F ~ON V EATII~IJ L ~- FLOOR PLAN J~LIO' B, ATI4 .J S C AL E: 1/4"=1'0" ~" 5N;'~TE, O¢¢. ?Ar~TiTiOkl i FILL ExISTtM~ J FedNDATIO~4 ! i CELLAR FLOOR PLAN