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Home My WebLink About3828 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 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765 1809 ACTION OF THE BOARD OF APPEALS Appeal No. 3828 Upon application of ROSEMARY SULLIVAN for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct 10 ft. by 14 ft. addition (replacing existing deck) with an insufficient rearyard setback and in excess of the maximum 20% lot coverage requirement. Zone District: R-40. Location of Property: 5365 Peconic Bay Boulevard, Laurel, NY; County Tax Map District 1000, Section 128, Block 1, Lot 11. WHEREAS, a public hearing was held and concluded on March 9, 1989 in the Matter of the Application of ROSEMARY SULLVAN under Appeal No. 3828; and W~EREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, 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: Page 2 - Appeal No. 3828 Decision Rendered March 9, 1989 Matter of ROSEMARY SULLIVAN 1. By this application, appellants request a Variance under Article III, Section 100-32 for permission to construct a 10 ft. by 14 ft. screened-in porch addition, with a setback of not less than 25 feet to the rear property line and as more particularly shown by sketched copy of a survey dated June 1, 1959 of Alden W. Young, L.S. 2. The premises in question is an .163-acre parcel of land situated along the northtwesterly) side of Peconic Bay Boulevard in the Hamlet of Mattituck, Town of Southold, and more particularly identified on the Suffolk County Tax Maps as District 1000, Section 128, Block 1, Lot 11. 3. The subject parcel is improved with a single-family, one-story frame house, which is presently set back at approximately 35 feet from the front property line. 4. Article III, Section 100-32 of the Zoning Code requires a minimum rearyard setback for parcels located in the R-40 Zone District at 50 feet. Section 100-244 of the Zoning Code allows a reduction of the rearyard setback for lots containing less than 20,000 sq. ft. in area to a minimum of 35 feet. (The previous zone district in January 1989 for this parcel was "A" Residential and Agricultural, which required a minimum rearyard setback at 35 feet per Section 100-31 and Bulk Schedule, Column "A.") 5. For the record, it is noted that the parcel in question has a depth of 95 feet, lot width of 75 feet, and total lot area of approximately 7100 sq. ft. The premises is improved with a single-family, one-story frame house of approximately 24 ft. by 35 feet, exclusive of existing carport. 6. It is the position of this Board in considering this application that: (a) the circumstances are unique to the property and are not personal in nature; (b) the relief requested is not unreasonable and is the minimal necessary; (c) the relief requested will not alter the essential character of the neighborhood; (d) there is no other method feasible for appellant to pursue other than a variance; Page 3 - Appeal No. 3828 Matter of ROSEMARY SULLIVAN Decision Rendered March 9, 1989 (e) the variance, if granted, will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town, or be adverse to neighboring properties; (f) the interests of justice will be served by granting the variance. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to GRANT the relief requested under Appeal No. 3828 in the Matter of ROSEMARY SULLIVAN for permission to construct 10 ft. by 14 ft. (screened-in) porch addition with a rearyard setback at not less than 25 feet, as applied. Vote of the Board: Ayes: Grigonis, Sawicki, and Dinizio. adopted. Messrs. Goehringer, Doyen, This resolution was duly lk GERARD P. GOEHRINGER, ~kRMAN APPEALS BOARD MEMBERS GERARD P. GO£HRINGER, CHAIRMAN CHARLES GRiGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKi JAMES D[NIZIO, JR. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 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 BOAPJ) OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, MARCH 9, 1989, at the following times: 7:30 p.m. Appl. No. 3826 - GLADYS W. HOWELL. Variance to the Zoning Ordinance, Article VII, Section 100-71 for approval of conversion of existing accessory building for dwelling use, accessory to the main dwelling structure, in this Residential-Office (RO) Zone District. Location of Property: 51470 Main Road, Southold, NY; County Tax Map District 1000, Section 70, Block 2, Lot 2. 7:35 p.m. Appl. No. 3825 - SUSAN A. FORBES. Variance to the Zoning Ordinance, Article III, Section 100-31, and Article XXIV, Section 100-244 for approval of open deck addition with an insufficient front yard setback. Lot area of premises is nonconforming at approximately 11,300 sq. ft. in this R-80 Zone District. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 9, 1989 7:40 p.m. Appl. No. 33813 - SHELDON HILLS as Trustee for Barterama Corp. Employees Profit Sharing Trust. Variances to the Zoning Ordinance, Article III, Section 100-32C and Column iii of the Bulk Schedule, for permission to reduce side yards to less than the required 20 and 25 feet, and less than the total 45 feet for both sideyards, on this 2+ acre vacant parcel. Zone District: R-80. Location of Property: Private Right-of-Way referred to as Private Road #11 (also referred to as Aldrich Lane Extension), extending off the north side of Sound Avenue, Mattituck, NY; County Tax Map District 1000, Section 112, Block 1, Lot 12; Southold Town Planning Board Approved Set-Off Map March 4, 1985. 45p.m. ROSEMARY SULLIVAN. Variances Appl. No. 3828 to the Zoning Ordinance, Article III-A, Section I00-32A for permission to construct 10' by 14' addition (replacing existing deck) with an insufficient rearyard setback and in excess of the maximum 20% lot coverage requirement. Zone District: R-40. Location of Property: 5365 Peconic Bay Boulevard, Laurel, NY; Tax Map District 1000, Section 128, Block 1, Lot 11. Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 9, 1989 7:50 p.m. Appl. No. 3823 - THOMAS THOMPSON. Variance to the Zoning Ordinance, Article III, Section 100-32, and Bulk Schedule, for approval of existing swimmingpool with deck areas which will have an insufficient rearyard setback when attached by a raised deck to the rear of the existing dwelling. Zone District: Agricultural-Conservation (A-C). Location of Property: 2890 Bridge Lane, Cutchogue, NY; Lot #10 on Map of Ismar Acres (Approved March 13, 1973); County Tax Map District 1000, Section 85, Block 2, Lot 22. 7:55 p.m. Appl. No. 3830 - REV. CHARLES BELL. Variances to the Zoning Ordinance, Article III-A, Section 100-32A, and Bulk Schedule, for permission to construct addition at rear of existing dwelling with an insufficient rearyard setback. Zone District: R-40. Location of Property: 1330 Donna Drive, Mattituck, NY; Lot ~32, Deep Hole Creek Estates; County Tax Map District 1000, Section 115, Block 15, Lot 15. Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 9, 1989 8:00 p.m. Appl. No. 3814 - RYCK KOKE. Variance to the Zoning Ordinance, Article III-A, Section 100-32A, for approval of swimming pool with fence enclosure in the side yard area. Zone District: R-40. Location of Property: 245 Kimberly Lane, Southold, NY; Paradise By the Bay Subdivision Lot No. 2; County Tax Map District 1000, Section 70, Block 13, Lot 20.2. 8:10 p.m. Appl. No. 3824 - NICK AND KATIE NICKOLAUS. Variance to the Zoning Ordinance, Article III, Section 100-33 (previously 100-32) for permission to locate accessory building in an area other than the required rear yard. Zone District: R-80. Location of Property: 17555 Soundview Avenue, Southold, NY; County Tax Map District 1000, Section 51, Block 1, Lot 2. 8:15 p.m. Appl. No. 3811 - RICHARD AND JANET SCHLUMPF. Variances: (a) to the Zoning Ordinance, Article III-A, Section 100-32A for permission to construct principal building with an insufficient front yard setback, and (b) pursuant to New York Town Law, Section 280-a for approval of access over private right-of-way referred to as Silkworth Road extending from the east side of Westphalia Avenue (Road), Mattituck, NY. Zone District: Pleasant; Lot 12. R-40. Location of Property: Lot #1, Map of Point County Tax Map District 1000, Section 113, Block 9, Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 9, 1989 8:20 p.m. Appl. No. 3785 - RAYMOND F. NINE, PAMELA NINE AND CHARLES ZAHRA. Special Exception to the Zoning Ordinance, Article III-A, Section 100-3IA(B) for permission to establish "Bed and Breakfast Use," 'an owner-occupied building, other than a hotel, where lodging and breakfast is provided for not more than six casual, transient roomers, and renting of not more than three rooms,' in conjunction with owner-occupancy as a single-family dwelling use. Location. of Property: North Side of New Suffolk Avenue, Mattituck, NY; County Tax Map District 1000, Section 114, Block 11, Lot 20. Zone District: R-40. 8:30 p.m. Appl. No. 3829 - FRED RENGANESCI and BARBARA REITER as Applicants for a Reversal of a Determination by Building Inspector to Grant Building Permit No. 17508-Z dated October 6, 1988 concerning a proposed "steel building for indoor storage of boats" to be located at premises referred to as "MATT-A-MAR," now or formerly owned by Wickham Road Marina, Inc. Zone District: Marine (M-II). {Previous Zone District: B-Light Business}. Application was filed citing the Page 6 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 9, 1989 prior Zoning Code, Article VI, Sections 100-60 and 100-61, and Article XIV. New Zoning Code citations refer to Sections 100-121 and 100-122, and Article XXVII for the same or similar provisions for this M-II Zone District. Property Location: West Side of Wickham Avenue, Mattituck, NY; County Tax Map District 1000, Section 114, Block 3, 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 the time allotted. For more information, please call 765-1809. Dated: February 9, 1989. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Copies to the following on or about February 17, 1989: Suffolk Times, Inc. L.I. Traveler-Watchman Town Clerk Bulletin Board (Main Lobby)ZBA Office Bulletin Board ZBA Board Members (with file copies) ZBA Individual Files Mr. Gary Williams, PO Box 1415, Southold, NY 11971 (for Howell) Ms. Susan A. Forbes, Box 802, Orient, NY 11957 Mr. Kenneth Hills, Mountain Home Builders, Inc. 24 South Court, Roslyn Heights, NY 11577, (for S. Hills) Mark Finne General Carpentry, 1370 Lighthouse Road, Southold, NY 11971 (for Rosemary Sullivan; for Rev. C. Bell) Mr. Thomas Thompson, 2890 Bridge Lane, Cutchogue, NY 11935 FORM NO. 3 ' TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL C~, Date .~~ J 0 ~o ~. ~:~.. X.~~.~~.~ .......... ~ .............. ~ ..... .~.~?.~ .~~~..~..~.... j.~.~.~j ....... for pemit to ~ ~ ~..~ ~ -~. ~... ~ .......... at LocationofProperty ~.~.~. ~..~ ~. County Tax Map No. 1000 Section .... [.~ ..... Block ... ~.12 ....... Lot .. ~{ .......... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the follow~g grounds..~.'~..~..~.~. ._.. ......... o ........... , .... ~ ........... ,..-~. .~..~~..~,.~..~:~~ ~.- ~ ,.- .... . ............... , ..... .................................. . Bu~ld~n~ Inapoc~or RV 1/80 TOWN OF $OUTHOLD, NL~V YOIIK APPEAL FROM DECISION OF BUILDING INSPECTOR /I~'5'~R'~,~.PPEAL NO. ~-~ '~ ~ FEB ~ ~ 1989 DATE .............................. ,, <We, ~.~.~.~.t..~Z~Z~ ...... o, ...~.~,.~....~..~!.~& ............... ..... Nome of Appellonl .... Street ~nd Nu;~; ............. ................. ~:~.~.~. ......................................................... ~.~.?~..~,~,~ ,~ ~o Municipality ~t~ THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED .~-/0 '~ WHEREBY THE BUILDING INSPECTOR DENIED TO ......... Name of Applicant for permit / ,~.~.~ .~. 5 ~ ~ ~.~ o~ /~ ~?. ~. .~. Street a~d Number Municipali~ State () PERMIT TO USE ( ) PERMIT FOR OCCUPANCY Mop No. ~ Lot No. Prior Owner / 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article '~ Section /~o'~ 3, TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( ~'~ A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 ( ) 4. PREVIOUS APPEAL A previous appeal (hasY,(~has not,)been made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ( ) is requested for the reason that REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ~orm ZB1 (Continue on other side) REASON FOR APPEAL Co.ntinued 1. STRICT APPLICr~T!ON OF TIlE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 2. The hardship created is UNIQUE and is not shared by oll properties alike in the immediate vicinity of this property and in this use district because ~ ¢t~ 5~ ~ ~ ~t,¢~.~ 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NEW YORK ) ~.~.... ~ ....~....,~..,?~._c~..,'. OF£~_~¢¢~),/~ ) ss .... .eX.Signature ........................... COUNTY Sworn ,o this ....~...~ ................... day of~~.~ ...................... 19 ~ MARY ANN CYBULSKI NOTARY PUBLIC State of New York Residing *n Suffolk County Ne 52-5895900 .~ Cemnumor, ~xo~r~, ~or~ ~0 1~ ,,_//, TOWN OF $OUTHOLD PROPERTY RECORD~¢ OWNER FORMER OWNER ' VILLAGE RES. ~. ,/~ SEAS. VL DISTRICT LOT //, ACREAGE S Est. Mkt. Value LAND AGE NEW Farm IMP. NORMAL TOTAL DATE BUILDING CONDITION BELOW ABOVE FRONTAGE ON WATER Acre Value Per Acre Value FRONTAGE ON ROAD Brushland ~Hous? Plot Swampland Woodland , Tillable 3 Tillable 1 BULKHEAD Tillable 2 ; / DOCK ,,,e.,,o. · · ,,,,,emer, t ~tension Fire Place _ ~ (/4 Heat Porch 5~_,_~' /,z. ;X, .¢ ~ & a ,~'Y" 15- Porch Rooms ]st Floor reezeway .. ~ ;~' Patio Rooms 2nd Floor e~ege ~' ~'"v;/. B. ¢ ~ : /~/f:,_ _ ~,~ ~IL¢ Driveway Dormer APPEALS BOARO 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 SOUTHOLD, L.I., N.Y. 13973 TELEPHONE (516) 765-1809 March 13, 1989 Mark Finne General Carpentry 1370 Lighthouse Road Southold, NY 11971 Re: Appeal No. 3828 - Rosemary Sullivan Dear Mark: Transmitted herewith for your perusal and file is a copy of the determination recently rendered by the Board of Appeals in the above matter. Copies of this decision have also been furnished to the Building Department Office to update their files. Please be sure to return to the Building Department and other appropriate agencies/departments for permits which may be necessary before commencing activities. YoUrs very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure Copy of Decision to: Office of the Building Inspectors Southold Town Board of Appeals HAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD ~ March 9, 1989 MEMBERS GERARD P. GOEHR]NGER, CHAIRMAN CHAR LES GRIGONIS, JR. S · SERGE DOYEN. JR. NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI JAMES DINIZIO, JR. Notice of Determination of Non-Significanc~ APPEAL NO.: 3828 PROJECT NAME: ROSEMARY SULLIVAN 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. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: IX] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Construct 10! by 14' addition (rePlacing existing deck) with an insufficient rearyard setback and in excess of the maximum 20% lot coverage requirement LOCATION OF PROJECT: Town of So~thold, County of, Suffolk, more particularly knQwn as: 5365 Peconic Bay Blvd., Laurel, NY 1000-128-1-11 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The relief requested is a setback variance as regulated by Section 617.13, 6 NYCRR, SEQRA FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel 516- 765-1809 or 1802. ' ' Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. mc to construct 10' by 14' addition NO~C~ , ............ m~-~ ~, ~e fo~g M~ R~, ~SDAY, MAR~ ~ fo~ ~: S~ 1~-32, ~d Bu~ Sch~uin, 7:30 p.m. A~I. No. 3826 f~ dw~g use, den~tI-Office (RO) Zone Dis-tti~ Locntlon of Pn~.fly: 51470 Mnin Road. Seuthold, Map District 1000. Scion 70. Block . 2. Let 2. 7:35 p.m. AppL No. 3825 SUSAN A. FORBES. Va~nce to the Ze~ng Ordimmce, A~icle I~ Se~ion 100-31, ~nd A~icle X3(IV, Secrio~ 100-244 for approval of epen deck yard sethack. Lat area of pm~sea in mm-conforming at approximately 11,300 sq. fl. in this R-80 Zone' Dis~c~ 7:40 p.m. Appl. No. 33813 -- SHELDON Hrr.sn as Tnme~ for Cutchogue, NY; Lot 410 on Map of Ismar Ac~s (Approved March 13, 1973); Cotmty Tax Map District 1000. Sectin~ 85, Block 2, Let 22. 7:$5 p.m. AppL No. 3830 -- REV. CHARLES BELL. Variances ~ to the Zo~ng Ordinance, Anicle rrr..: A, Section 100-32A, and Bulk Schedule, for pennis sica~ to construct edditic~ at r~ar of e~isting drilling with an ins~ficlent tea~ard setback. Zone District: R-40. Location of Pmpurty: 1330 l)~na Drive, Matr- tuck, NY; Lot IB2, Deep Hole Creek Estates; County T~x Map District 1000, .~-rion 115. Block 15. Lot 15. 8:00 p.m. AppL No. 3814 --. Secti~BB~, Block 1, Lo( 2. '~ {Previous Zone District: B-Light 8:~m. AppL No. 3811 -- BusinessJ. Applicatlonw~£fledcit. RICFIS-I~D AND l A N E T lng the prior Zoning Code, A~clc . ~ A~icin III-A,~.~J -~ :A~icle XIV New Zc~n~ Cod,~ '*, stract principal building with an in. . 100.122, and A~icle XXVH for the sufficient front yard setback, and 0a) ': ' pursuant to New York Town Law, Section 280-a for approval of access over private right-of-way mfer~d to as Silkworth Road extending from the east side of Westphalia Avenue (Road), Matdtuck, NY. Zone Distrct: R-40. Locati~m of Property: Lot 41, · Map of Point Heasam; County Tax Map District 1000. Section 113. Block 9, Lot 12. 8:20 p.m. AppL No. 3785 -- RAYMOND F. NINE, PAMELA NINE AND CHARLES ZAHRA. Special Exception to the Zoning Or- dinance, A~inle I~-A, Section 100- M-II Zone District. Property Loca- tlon: West Side of Wickham Avenue, Matrituck, NY; County Tax Map District 1000, Sectlen 114, Block 3. 'fine Board of Appeala will at said subject heating. Eacli heating will not more information, please call 765- 1809. 3lA(B) for permission to establish ~ Dated: Febma~ 9, 1989. "Bed and Breakfast Use," *an owner- ' occupied building, other than a hotel, whel~ lodging and breakfast is pro-: vided for not mom than six casual. transient ro~nea~, md ~nting of n~ ~ more than ~ rooms,' in conjua¢- rio~ with owner-~cupenoy as a sin- gle-family dwelling use. Location of Property: North Sid~ of New Suffolk Aveaue, Malfimck, NY; County Tan Map District 1000, Section 114, Block I 1, Lot 20. Zone District: R- 40. 8:30 p.m. Appl. No. 3829 -- FRED RENGANESCI AND BAR- ~ BY ORDER OF ~ SOUTHOLD TOWN BOARD OF APPEAI~ GERARD P. GOEHRINGER CHAIRMAN By Linda Kow~i 6197-1TF23 Barterama Coq). Employees Profit Sharing Tn:st. Variances to the Zon- RYCK KOKE. Vail&nee to the Zon- BARA REITER as Applicants for a '. in80rdlnanCe, Artinlel~Sec~on ingO~dlnance, Arriclel~-A, Section ? Reversal of a Determinarion by 100-32C aed Column iii of the Bulk 100-32A, for approval of swimming ' Btfild~g Inspector to Grant Building Sehedule. for permission to reduce pool with fence enclosure in the aide ::~ Permit No. 17508-Z dated October 6. side yards to less than frae requfiod 20 Yant area- Zone Dimict: R-40. Lo~a- .. ~ 1988 concerning a proposed ' steel and 25 fect. and less than the te~l 45 tion of Property: 245 Kimbedy Lans,/ Imilding for indoor storage of be~ts" Sm:thold, NY; Paradise By the Bay acmvac~ntpercel. Zo~e DistnceR, Ma District 1000 Sectlo~70 Block P , owned by Wickham Read Matins, 80. Location of Property: Private , '~ 13. Lm 20.2. ' Inc. Zone District: Marine (M-II). Right-of-Way referred to as Private , 8:10 p.m. AppL No. 3824 Road#Il (also x~ffem."d to as Aldrid! NICK AND KATI~ NICKOLAUS. orth lde of Sound Avenue, Maul- Article I~ ~ NY, ?~ty Tax Ma~ ~mct vi~:,l. 100-3:~ ~old To~v~llp~'°~t ]~"J~t~ lOCl~ a,~,,o~ t~,# li,?.~' s'~:l" classifieds are in I - Nsws-Rsvi8w '/ Nt.'~TICE 1S HEREBY · eq 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 9, 1989, at the following times: 7:30 p.m. Appl. No. 3826-- GLADYS W. HOWELL. Vari- ance to the Zoning Ordinance, Article VII, Section 100-71 for lng accessory building for dwell- ing use, accessory to the main dwelling structure, in this Resi- dential-Office (RO) Zone Dis- trict. Location of Property: 51470 Main Road, Southold, NY; County Tax Map District 1000, Section 70, Block 2, Lot 2. 7:35 p.m. Appl. No. 3825-- SUSAN A. FORBES. Variance to the Zoning Ordinance, Arti- cle Ill, Section 100-31, and Arti- cle XXIV, Section 100-244 for approval of open deck addition with an insufficient front yard ly 11,300 sq. ft. in this R-80 Zone District. 7:40 p.m. App[. No. 33813- SHELDON HILLS as Trustee for Barterama Corp. Employees Profit Sharing Trust. Variances to the Zoning Ordinance, Arti- cle 111, Section 100-32C and Column iii of the Bulk Sche- dule, for permission to reduce side yards to less than the re- quired 20 and 25 feet, and less than the total 45 feet for ~$th sideyards, on this 2+ acre va- cant parcel. Zone District: R-80. Location of Property Private Right-of-Way referred to as Pri- vate Road #11 (a!so referred to as Aldrich Lane Extension), ex- tending off the north side of Sound Avenue, Mattituck, NY; County Tax Map District 1000, Section 112, Block 1, LOt 12; Southold town Planning Board Approved Set-Off Map March ~7985. :45 p.m. Appi. No. 382"~ ROSEMARY SULLIVAN. Variances to the Zoning Ordi- nance, Article III-A, Section 100-32A' for permission to con- struct I0' by 14' addition (re- placing existing deck) with an insufficient rearyard setback and in excess of the maximum 20% lot coverage requirement. Zone District: R-40. Location of Property: 5365 Peconic Bay Voulevard, Laurel, NY; County Tax Map District 1000, Section 128. Block 1, Lot ]1 COUNTY OF SUFFOLK STATE OF NEW YORK ss: Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ..................... ~ .... weeks successively, commencing on the ......... .'~.c~.../~... ...... day of...~...d~....oy~. ...... , 19 Sworn to before me this .......... .~..?..~..... day of ...... ....... Notary Public ~^RBARA A. SCHN£ID£R I:CTARY PL'LtLIC, State of New York ~0. 4806846 L .,,;;::ission Expires APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZlO, JR. TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN JUDITH T. TERRY OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD 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, Southold Town Clerk Dated: February 14, 1989 Transmitted herewith is Zoning Appeal No. 3828 , application of Rosemary Sullivan 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 Page 7 - Notice of Hearings Southold Town Board of Appeals Regular Meeting - March 9, 1989 Copies to the following on or about 2/17/89 (continued): Rudolph H. Bruer, Esq., Main Road, Southold, NY 11971 (for R. Koke) Mr. and Mrs. Nick Nickolaus, 30 Buttonwood Drive, Dix Hills, NY 11746 $outhold Pools, Inc., Box 539, Southold, NY 11971 (for Nickolaus) Karen J. Stretz, Esq., Wickham, Wickham & Bressler, P.C., Main Road, Box 1424, Mattituck, NY 11952 (for Schlumpf) Daniel C. Ross, Esq. or Eric J. Bressler, Esq., Wickham, Wickham and Bressler, P.C., Main Road, Box 1424, Mattituck 11952 (for Nine and Zahra) Mr. Raymond F. Nine, New Suffolk Avenue, Mattituck 11952 Ms. Pamela Nine, New Suffolk Avenue, Mattituck 11952 Mr. Charles Zahra, Box 1137, Mattituck, NY 11952 Mr. and Mrs. John DeReeder, New Suffolk Ave, Mattituck 11952 Harold and Ernest Wilsberg, Box 1429, Mattituck 11952 (as adjacent property owners) Daniel C. Ross, Esq., Wickham, Wickham & Bressler, P.C., Main Road, P.O. Box 1424, Mattituck,~NY 11952 (for Renganesci and Reiter) in the Matter of Matt-A-Mar Permit ~17508Z Wickham Road Marina, Inc. c/o Marr-A-Mar Marina P.O. Box 1235, Mattituck, NY 11952 Matt-A-Mar Marina, Box 1235, Mattituck, NY 11952 Mr. Victor Lessard, Principal Building Inspector James A. Schondebare, Town Attorney Robert H. Berntsson, Assistant Town Attorney QUESTiO[~NAIRE TO BE COMPLETED AND SUB,fITTED ~TI! YOUR APPLICATION i.'O~.IS 'FO THE BOARD Of' APPEALS Please complete[ sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch), to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours? Yes ~ 2.a)Are there any areas which Contain wetland grasses? (Attached is a list of the Wetland grasses defined by Town Code, Ch. 97 for your reference.) Yes o~ b)Are there any areas open to a waterway without bulkhead? Yes 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? Se 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 No Yes If project is proposed for principal building or structure, is total height at more than 35 feet above groundl-~-~l? State total: ft. Yes~ average 7. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Yes ~ 8. Are there any building permits pending on this parcel (or abutting land under your 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 Trustees County Health Department Village of Greenport N.Y.S.D.E.C. Other Yes ~ Yes ~ Yes Yes Yes Yes ~o~ Yes 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from cQntract) 11. Is new construction proposed in the area of contours at 5 feet or less as exists? 12. If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have you made app$ication to the Town Trustees for an inspection for possible gaiver or permit under the requirements of Ch. 97 of the Town Code? Yes Yes N~O. Yes~_~~ 13. Please list present use or opera3~ions conducted upon the subject property a~ thi~ time and proposed Please submit photographs kor the record. I certify that the above statements are true and are being ~bmitted reliance by the Board of Appeals in considgring my app~c~on./ Signature (Proper~y Owner~ (Au~norize~ Agenn) for 1/88 WETLANDs [Amended 8-2[1-7(; hy L.L. No. 2-1976; 3-26- 85 l)y L.L. No. A. TIDAL WETLANDS: (1) All lands generally covered or ia~rmittently cov- ered wi~h. or which bord,r on. tid:d waters, or lands ' ]yinK beneath tidal water~, which at mean Iow tide . are covered by tidal waters to a maximum de~th of five (~) feet. including hut not limited ~ hanks, bogs, salt marsh, swamlm, meadows, flats or other low lying land~ subject to tidal uetian: (2) All banks, bogs, moadnws, flats and tidal marsh subject ~ such tides and upon which grows or may grow some or any of the following: salt hay, black grass, saltwort, sea lavender, tall eordgrass, high bush. cattails, groundsel, marshmallow and Iow march cordgrass; and/or (a) All land immediately adjacent to defined in Sub~eetion At2) and lying within seven- ty-five (7~} feet landward of the most landward edge of such a tidal wetland. FRESHWATER WETLANDS: (1) "Freshwa~r wetlands" as defined in Article 2,1, Ti- tle 1. ~ 24-0107, Subdivisions l(a) D l{d) inclusive, of the Environmen~l Coaservation Law of the 8ta~ ~f New York: and (2) All land immediately adjacent ~ a"freshwater wet- land,"as defined in Subsection BiD and lying whb- in ' seventy-five {7~} feet landward of the most land- ward edge of a "freshwater Wet/and." 9705 The N.Y.S. Environmental Quality Review Act requires of this form, and an environmental review will be made by submission before any action is taken, tn~s board SHORT ENVIRONMENTAL ASSESSMENT FORM ~NSTRUCTIONS: (a) In--order fo answer the questions in this short EAF it is assUmed that the preparer will use currently available information Concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not Significant. (d} E~nvironmentai Assessmen~ 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? ~?es 2. Will there be a major change to any unique or unusual land form on the site? ~Yes ./NO 3. Will project alter or have a large effect on an existing body of water? _ Yes .~NO 4. Will project have a potentially large impact on /~No groundwater quality? ~Yes 5. Will project significantly effect drainage flow on adjacent sites? .~__Yes 6. Will project affect any threatened or endangered N~/o plant or animal species? Yes 7. Will project result in a major adverse effect on air quality? 8. Will proj$ct have a major effect on visual char- known to be important to the community? , Yes 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontoloqicai, importance or any site designated as a critical envlrcamental area by a local agency? Yes 10. Will project have a major effect on existing or 11. Will project result in major traffic problems or cause a ma]or effect to existing transportation 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? ~Yes ~ 13. Will project have any impact on public health or safety? ~Yes 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year ~Yes period or have a major negative effect on the charact~r Of the communlty or neighborhood? 15. Is there pub 'c controversy co ming the project? '~,~ rs¥ co~,~rnrn NUMBER 617.21{ Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION {To be completed by Applicant or Proiect sponsor) 1. LICANT/SPONSOR 3. PROJECT LOCATIOn: 4. PRECISE LOCATION (Street adOress and roa~ intersections, prominent landmarks, etc., or provide ma~) SEQR 5. I$ PROp SED ACTION: ~NewS [~ Exoanslon 6. DESCRIBE PROJECT BRIEFLY: r-~ ModiflcaBon/alf erat ion ?. AMOUNT OF ND AFFECTED; 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] No If NO, describe briefly g. WHAT IS PRESENT LAND USE N VICINITY OF PROJECT'~ [] Agricullure [] Park/Forest/Open sOace [] OIher DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAl STATE OR LOCAL)~,~-- [] Yes I~J NO If yes, llst agency(s) and permit/approvals t 1. 0DES ANY ASPECT OF THE ACTIGN HAVE A CURRENTLY VALID PERMIT OR APPROVAL? t2, AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIEICAT ON'~ I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE D.,.:? _. 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 1 (Continued on reverse side) § 100-243 SOUTHOLD CODE § 100-244 § 100-243. Nonconforming buildings with nonconforming uses. A. A nonconforming building containing a nonconforming use shall not be enlarged, reconstructed or structurally altered or moved unless the use of such building is changed to a conforming use. B. A nonconforming building containing a nonconforming use which has been damaged by fire or other causes to the extent of more than fifty percent (50%) of its fair value shall not be repaired or rebuilt unless the use of such building is changed to a conforming use. § 100-244. Nonconforming lots. A. This subsection is intended to provide minimum standards for granting of a building permit for lots made nonconforming or continued in a state of nonconformance by the adoption of this Article and that were singly and separately owned as of the effective date of this Article. B. A nonconforming lot separately owned and not adjoining any lot or land in the same ownership at the effective date of this Article and not adjoining any lot or land in the same ownership at any time subsequent to such date may be used, or a building or structure may be erected on such lot for use, in accordance with all the other applicable provisions of this chapter, provided that proof of such separate ownership is submitted in the form of an abstract of title showing the changes of title to said lot, which abstract shall be in the usual form, shall be certified by an attorney or a company regularly doing such work in Suffolk County or by a corporation duly licensed to examine and ensure title to real property in Suffolk County and shall contain a certification that no contiguous property was owned by an owner of the property involved since the date of any previously applicable Zoning Law. Such lot shall be granted relief for front side and rear yard dimensions as follows: § 100-244 ZONING § 100-250 Area Width Depth Front Side h Ski (square feet) Coverage (feet) (feet) (feet) (feet) fleet) C. In the case of single and separate ownership of a nonconform- ing lot located in a subdivision plat, approved after April 9, 1957, by the Planning Board of the Town of Southold and filed with the County Clerk of Suffolk County, relief for all front, side and rear yard and area dimensions shall be granted to the extent that such front, side and rear yard and area dimensions were required at the time the map was originally filed with the County Clerk of Suffolk County. § 100-245. Repairs and maintenance. Notwithstanding any of the foregoing regulations, nothing in this Article shall be deemed to prevent normal maintenance and repair of any building or the carrying out upon the issuance of a building permit of major structural alterations or demolitions necessary in the interest of public safety. § 100-246. Involuntary moves. Sections 100-241A and B and § 100-243A, herein are not intended to apply to involuntary movements of uses or structures as a result of condemnation actions or other litigation. ARTICLE XXV Site Plan Approval [Added 1-10-89 by L.L. No. 1-1989] § 100-250. Purpose. The purpose of this Article is to standardize procedure for review of site plans and requirements for site plan applications regardless of district. 10144 z- zs- ss 10145 2- zs- 89 z../..a Y. 'ALDEN W YOUNG OUARANTEJrD TO, PROFESSIONAL ENGINEER AND TITLE GUARAaTEE & TRUST CO. LAND SURVE'tOR. N.Y..~LIC NO. I2845 RIVERHEAD, N.y. VETERANS ADMINISTRATIGN RIVE~RHEA~, SAVINGS BANK SURVEY FOR VENTEAU CONSTRUCTION LAUREL TOWN OF SOUTHOLD SUFE CQ, N.Y. CORR SCALE, 1"=40' JUNE ;-9, 1955 DEC 16, 1955 · I'INAL SuRVF! JUNE I. 1959 A-~C A~-C / A.-C MATTITUCK LIO R-80 GREAT PECON/ BAY BOARD OF APPEALS, TOWN OF SOUTHOLD to the Bo:~rd of Appeals of the lown of Southold : TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: ]. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request ~(Special Exception) (Spe?al Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 3. That the property which is th/,~.su~ect_ of such Petition is located in the following zoning district: 4 ]hat b~ such Petition, the undersigned will request the following relief: dt -& $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article ~ Section ~ ]o:~,v,,;~- ,.~,,,°°n 2., N&w Yerk T.~..,, ..... Law fo: approval-oT-~c~>ess ovem-might(~-)-~f-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) 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. Petitioner Owners' Names Post Office Ad~clress~ Tel. No. (5i [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P 012 611 643 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MA~L (See Reverse) Streel and No -A;,-ch P 0 Stale and ZIP C e Posla§e Certified Fee Special Delivery Fee P 1~611 844 RECEIPT FOR CERTIFIED MAIL NO iNSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) STATE OF NEW YORK ) COUNTY OF SUFFOLK) ~z.,/~ ~ ~ 11~7 i , being duly sworn, de~oses and says that on the /~ day of ~7 ~ ,19 ~ , deponent mailed a true copy of the Notice set forth on the re- verse side heredf, directed to each of the above-named persons at the addresses set opposite thor respective nature; 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- rice at ~ · ; that said Nolices were mailed to each of said persons by (certified) (registered) mail. h Sworn to be]ore me t is day , -- Notary Public ANN CYBULSKI ~UBLIC State o! New York ~es~dmg ,o Suffolk ~U~ No 52.5895900 ~ (This side does not have to be completed on form transmitted to adjoining property owners.) MARK FINNE GE~I~EIML CARKNTRY - - SidlnS Custom Homes 1370 Li~'tffiouse Road $OUTHOLD, NLr'W YORK 1~.97! '(516) 765-4330