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HomeMy WebLinkAbout3864 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 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX NO. (516) 765-1823 ACTION OF THE BOARD OF APPEALS Appl. No. 3864: Matter of LEOPOLD STERN. Variance to the Zoning Ordinance, Article XXIII, Section 100-239d, B, (Article XXIV, Section 100-244, as disapproved) for permission to construct a one family dwelling with an insufficient rearyard setback, approximately 75 feet from the bulkhead in this R-40 Zone District. Property Location: 1390 Bayview Drive, East Marion, County Tax Map District 1000, Section 37, Block 5, Lot 22. WHEREAS, a public hearing was held and concluded on September 21, 1989 in the matter of the Application of LEOPOLD STERN. under Appeal 3864; 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 south side of Bayview Drive, East Marion, and is identified on the Suffolk County Tax Maps as District 1000, Section 37, Block 5, Lot 22. 2. This is an application for Variances from the Zoning Code Article XXIII, Section 100-239d, B. (Article XXIV, Section 100-244) with insufficient rear yard setbacks, approximately 75 feet from the bulkhead. Page 2 - Appl. No. 3864 Matter of LEOPOLD STEI{N Decision rendered October 12, 1989 3. Article XXIII, Section 100-239d, B, all buildings located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which are adjacent to tidal water bodies other than sounds shall be set back not less than seventy five (75) feet from the bulkhead. Article XXIV Section 100-244 (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. 4. The subject premises is vacant and consists of a total lot area of .301+- acre, the proposed dwelling will have nonconforming setbacks, in front and rearyard areas. 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 the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (c) 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 notes below. Accordingly, on motion by Mr. Dinizio, Seconded by Mr. Grigonis, it was Page 3 - Appl. No. 3864 Matter of LEOPOLD STERN Decision rendered October 12, 1989 RESOLVED, to GRANT a Variance in the matter of the application of LEOPOLD STERN as applied under Appeal No. 3864 for the placement of a single-family dwelling, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the existing setbacks remain the same, with the exception of the setback of Spring Pond which will be 21+- feet, as shown on survey; dated 9/26/89, prepared by R. Van Tuyle P.E. 2. A suggestion in the construction process that straw/hay bales be placed approximately 15 feet from the bulkhead, running the distance of the construction, during construction period so that there will be no soil intrusion into Spring Pond. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, (absent, Serge Doyen, Fishers Island and Joe Sawicki). This resolution was duly adopted. df GERARD P. GOE~RINGER, ~AIRMAN RECEIVED AND FILED BY THE SOUTHOLD TOWN CT.F.~K DATE Town Clerk, Town of APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZ[O, 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 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, SEPTEMBER 21, 1989, at the following times: 7:30 p.m. Appl. No. 3861 SOUTHOLD FREE LIBRARY. Variance to the Zoning Ordinance, Article IX, Section 100-102, as Disapproved, (nonconforming Bulk area and parking requirements of the Hamlet Business District) Proposed construction will have insufficient total side yard setbacks. Property Location: 53705 Main Road, Southold; County Tax Map No. 1000, Section 61, Block 1, Lot 14. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 7:35 p.m. AGRIROPOULOUS. Section 100-239d (A) (1), as disapproved, for permission to construct and inground pool with deck and fence, within 100 Appl. No. 3859 - EMANUEL PIPERAKI$ AND DIMITRIOS Variance to the Zoning Ordinance, Article XXIII, from Sound in this R-40 North Sea Drive, Orient; Block 1, Lot 3. feet Zone District. Property Location: 3410 County Tax Map No. 1000, Section 15, 7:40 p.m. Appl. No. 3798 - ELIZABETH McCANCE. Variance to the Zoning Ordinance, Article I, Section 106-20 (Article III Section 100-31 as Disapproved) for approval of insufficient area in this pending division of land.of property, (R-80 Zone District. ) Property Location: Mansion House Drive, Fishers Island; County Tax Map District 1000, Section 06, Block 05, Lot 3-5.1. Page 3 - Notice of Hearings $outhold Town Board of Appeals Regular Meeting of September 21, 1989 7:45 p.m. Appl. No. 3863 - NICHOLAS TSIRKAS. Variance to the Zoning Ordinance, Article XXIV, Section 100-244, as disapproved, for permission to construct a one family dwelling with an insufficient 40' frontyard setback in this R-40 Zone District. Property Location 2700 Sound Avenue, Greenport, County Tax Map District 1000, Section 033, Block 01, Lot 11. 7:50 p.m. Appl. No. 3827 - EDWIN KINSCHERF. Variance to the Zoning Ordinance, Article I, Section 106-20, (Article III, Section 100-31, as disapproved), for approval of insufficient areas in this pending subdivision (R-40 Zone District.) Property Location: 350 Wood Lane, Greenport, Section 043, Block 04, Lot 29-30-35. Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 fi 7:55 p.m. Appl. No. 3864 - LOEPOLD STERN. Variance to the oning Ordinance, Article XXIII, Section 100-239d, B. (Article IV, Section 100-244, as disapproved), for permission to nstruct a one family dwelling with an insufficient rearyard etback, approximately 75 feet fr~m the bulkhead in this R-40 one District. Property Location. 1390 Bayview Drive, East arion, County Tax Map District 1000, Section 37, Block 5, ot 22. 8:00 p.m. Applo No. 3865 - CHARLES AND CAROL BURST. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, as disapproved, for permission to construct addition with insufficient side and rearyard setbacks in this R-40 Zone District. Property Location: 705 Windy Point Road, County Tax Map District 1000, Section 87, Block 4, Lot 6. Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 8:05 p.m. Appl. No. 3866 - HENRY ARBEENY. Variance to the Zoning Ordinance, Article VIII, Section 100-82, as disapproved, for approval of insufficient area in this pending subdivision, (Light Business Zoning District (LB), Property Location: Route 48, Kenny's Road, Southold, County Tax Map District 1000, Section 059, Block 07, Lot 31. 8:10 p.m. Appl. No. 3849 - CIPITELLI BROS. REALTY. Variance to the Zoning Ordinance, Article XXIII, Section 100-239d, A (1), as disapproved, for permission to construct a one family dwelling with a insufficient setback and within 100 feet from Long Island Sound in this R-40 Zone District. Location of Property: 90 Petty's Drive, Orient, County Tax Map No. 1000, Section 14, Block 2, Lot 24. P~ge 6 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 8:15 p.m. Appl. No. 3852 - RICHARD DiBLASI. Variance to the Zoning Ordinance, Article III, Section 100-30A3, as disapproved, for permission to construct open deck in front yard, nonconforming with bulk area and parking regulations in this R-40 Zone District. Property Location: 360 Bayview Drive, East Marion, County Tax Map No. 1000, Section 037, Block 04, Lot 01. 8:20 p.m. Appl. No. 3852 - ELLIOT PASKOFF. Variance to the Zoning Ordinance, Article III A, Section 100-30A.3, (Article XXIII, Section 100-231 (A), as disapproved) for permission to construct an attached deck with insufficient side yard and accessory fence than required 4 Zone District. NY, County Tax Map No. (trellis) in front yard at the height of more feet. Lot area is nonconforming in this R-40 Property Location 205 North Sea Drive, Southold, 1000, Section 54, Block 4, Lot 4. Page 7 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 8:25 p.m. Appl. No. 3854 - NANCY STEIN. Variance to the Zoning Ordinance, Article III, Section 100-119.2. (Article I, Section 97-12C, as disapproved) for permission to construct a deck addition within 75 feet of water or wetlands. Zoning District R-40. Property Location: 2535 Cedar Lane, East Marion; County Tax Map No. 1000, Section 037, Block 04, Lot 10. 8:30 p.m. Appl. No. 3857 - MICHAEL TOFFALIS. Variance to the Zoning Ordinance, Article XXIV, Section 100-244. As disapproved, for permission to construct a deck addition, insufficient rear yard setback for nonconforming lot in a R-40 Zone District. Property Location: 50 Captain Kidd Drive, Mattituck, County Tax Map No. 1000, Section 106, Block 03, Lot 028. Page 8 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 8:35 p.m. Appl. No. 3858 - BERNARD COSIMANO. Variance to the Zoning Ordinance, Article XXIII, Section 100-239d, B. (Article XXIV, Section 100-244, as disapproved) for permission to construct a deck addition within 75 feet of bulkhead. Construction has insufficient total side yard setbacks in this R-40 Zone District. Property Location: Watersedge Way, Southold, County Tax Map No. 1000, Section 88, Block 5, Lot 63. 8:40 p.m. Appl. No. 3542 - CLIFFSIDE (TIDE MARK). Variance to the Zoning Ordinance, Article V, Section 100-50B Special Exception, (Article XIII, as disapproved) for permission to construct 76 Motel Units in this Resort/ Residential (RR) Zone District. Property Location: 61475 County 48, Greenport, County Tax Map No. 1000, Section 045, Block 01, Lot 01. Page 9 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 8:45 p.m. Appl. No. 3770 - PORT OF EGYPT. Variance to the Zoning Ordinance, Article XII, Section 100-121C 122, (Section 100-239D, as disapproved) for permission to construct Boat Storage Building with insufficient setbacks and excessive lot coverage in this Marine II (M-II) Zoning District. Property Location: Main Road, Southold, County tax Map No. 1000, Section 056, Block 04, 06, Lot 10.1, 11, 12.2, 3.2, 3.3, 4, 6.1. 8:50 p.m. Appl. No. 3842 - CRESCENT BEACH CONDOS. Variance to the Zoning Ordinance. Article XXVII, Section 100-271, as disapproved, for permission to enclose decks or patios of units to be enclosed with glass windows with insufficient setbacks. Property Location: End of Maple Lane, Resort/Residential (RR) Zone District, Section 38, Block 7, Lot 21 units. East Marion, in this County Map No. 1000, ~age 10 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing your presentation will be available, if needed. For more information, please call 765-1809. Dated September 1, 1989. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda FORM NO. :] TOWN OF SOUTIIOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL ... ~ .~..~..~ ..... fofpe~mitto ~,.~...~...~ .... ~~..~ .... ~~.:.~.... Locatiqn of Property (... County Tax Map No. 1000 Section ..-~.' . Bloc~ ....... ~ .... Lot ...~.~ ...... Subdivision ................. Filed Map No ................. Lot No ........ ' .......... ~~/ ., ~ ~v"'~ ............................. ,,~. '~_~' ~ , 'fi--:- ~ ......... ~- ~ ........ ; ..................... ..... ~.. ~ .~.. . ~ ~ W &- .... ~~.:...~.~.~~ .~ ~~~~ ~~~~ ....................... RV 1/80 TOWN OF SOUTHOL,~,~'V~ ¥~!~1~ ~ APPEAL FROM DECISION OF BUILDING ZNSPE~O~L ~ 0 1~ APPEAL NO. ~ ~ ~ ~ D^T~ ..~.~.~....t.0..~._.!.~.,~ 9 Name of Appellant Street and Number ...E..A..S.T...M...A.R.I...0N. ....................................................................... ~F~W...Y.C)~,L<...]..1.B~JPHEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ....~]HNJ~...!.5.,...~J~ ........................ WHEREBY THE BUILDING INSPECTOR DENIED TO (X) ( ) Nome of.Ap,?licant for permit of ,..2..3..0....S..0..U..T..H....L..A..N..E.: ..................... .E..A..S..T.,, .M..A..R..I..0..N. ........................ .N..E..W.., .Y..0..R..K. ................ Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY ..... !.~.9..O...,B.A.Y.V...I..E.W...D...R..I.V...E..,...~B.S..T...M..A..R..I..Q.N. .................................. Street /Hamlet / Use District on Zoning Map ~D.!.s..t..r..!.c..t....!.~..~..~...S.e..c..t..!.~..n....3..7.....B.!.~c...k...5....L..~..t....2..2...~. Current Owner LEOPOLD STERN, JR. Map No. Lot No. ' Prior Owner QDROTHY SMITH section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article XXIII Section 100-239.4, B PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (X A VARIANCE to the Zoning Ordinance or Zoning Map ( A VARIANCE due to 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 ~J~(has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such oppeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ( ) (X) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that THE LOT SIZE DOES NOT PERMIT CONSTRUCTION OF A RESIDENCE MORE THAT SEVENTY-FIVE (75) FEET FROM THE BULKHEAD. ~'orrn ~.I~! (Continue on other side) REASON FOR APPEAL Continued ]. STRICT APPLICATION OF~THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because THE LOT WAS PURCHAS~D"'IN '~C¥0~ER OF ~i975 AS A BUIDABLE LOT WOULD NOT NOW BE BUILDABLE, 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because MOST OF THE ADJACENT LOTS HAVE RESIDENCES CONSTRUCTED ON THEM. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because OTHER RESIDENCES ON THIS SAME BODY OF WATER ARE BUILT THE SAME DISTANCE OR CLOSER TO THE BULKHEAD. STATE OF NEW YORK ) ) ss COUNTY OF ~o-~Q>lk ) ....... ]~gnature ........................... Sworn to this ................. /..O..~¢q .......................... day of....~r~'~ ......................................... 19 ~ /~.-a~ -?? -0'-- 22 TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. SUB. LOT /~' FORMER/OWNER N / E AC~.. / '~/ I 5 W TYPE OF BUILDING AGE BUILDING CONDITION N~ NORMAL BELOW ABOVE FARM Ac~e Value Per Value Acre Tillable 1 Tillable 2 Tillable 3 Woodland r~ Swampland FRONTAGE ON ~R 1 o ~ C? fY Brushland FRONTAGE ON ROAD House Plot DEPTH /~ ~ BULKH~D Total DOCK APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD October 4, 1993 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 Mr. Leopold Stern, Jr. Bayview Drive, P.O. Box 263 East Marion, NY 11939-0263 Re: Appl. No. 3864 - Determination Rendered 10/12/89 Dear Mr. Stern: After speaking with .the Chairman over the weekend, it was confirmed with me that the setback distance was apparently printed in error at Condition #1 in the above determination by the preparer. The Chairman has confirmed that the survey of September 26, 1989 made by Roderick VanTuyl, P.C. is the map approved by the Board. Therefore, Condition #1 should read "...19 feet as shown on the 9/26/89 survey"..., instead of 21+- feet. Please attach this letter to your copy of the 1989 determination for use when applying for the building permit. (A copy of this letter is also being transmitted to the building inspector's office for their record at this time.) Very truly yours, Linda Kowalski Clerk, Board of Appeals cc: Building Department Attn: Tom Fisher, Department Head PECOI c ASSOC AT£S, I C. Environmental Planners & Consultants One Bootley Alley P.O. Box 672 Greenport, New York 11944 (516) 477.0030 Fax (516) 477-0198 September 29, 1989 Southold Town Board of Appeals Main Road State Road 25 P. O. Box 1179 Southold, L. I. New York - 1~97~ Re: Leopold Stern East Marion, New York Application No. 3864 Gentlemen: As per your request during the Public Hearing on the above referenced application, enclosed are surveys (2 copies) showing the revised location of the proposed dwelling. If you have any further questions, please do not hesitate to contact this office. Sincerely, PECONIC ASSOCIATES, INC. ~lerlon E. Wig~7, Ph.D.,M.E. President Enclosures: 2 copies of Survey Amended 9/26/89 cc: Mr. Leopold Stern MEW/iw APPEALS B OAED MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Rober~ A. Villa l:hchard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD October 4, 1993 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 Mr. Leopold Stern, Jr. Bayview Drive, P.O. Box 263 East Marion, NY 11939-0263 Re: Appl. No. 3864 - Determination Rendered 10/12/89 Dear Mr. Stern: After speaking with the Chairman over the weekend, it was confirmed with me that the setback distance was apparently printed in error at Condition #1 in the above determination by the preparer. The Chairman has confirmed that the survey of September 26, 1989 made by Roderick VanTuyl, P.C. is the map approved by the Board. Therefore, Condition #1 should read "...19 feet as shown on the 9/26/89 survey"..., instead of 21+- feet. Please attach this letter to your copy of the 1989 determination for use when applying for the building permit. (A copy of this letter is also being transmitted to the building inspector's office for their record at this time.) Very truly yours, Linda Kowalski Clerk, Board of Appeals cc: Building Department Attn: Tom Fisher, Department Head DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE 360-5206 ARTHUR H. KUNZ DIRECTOR OF PLANNING November 14, 1989 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Leopold Stern 3864 Very truly yours, Arthur H. Kurtz Director of Planning GGN:mb S/$ Gerald G. Newman Chief Planner VETERANE MEMORIAL HIGHWAY HAUPPAUGE, gl., NEW YORK II7EE (516) 360-51E2 Southold Town Board of Appeals MAIN ROAD-STATE ROAD 25' SOUTHOLD, L.I., N.Y~. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CRAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: XX Variance from the Zoning Code, Article~ Section~OO-239d-B00_244 __ Variance from Determination of South~ld Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.:3864 Applicant:Leopold Stern Location of Affected Land: 1390 Bayview Drive, East Marion, NY County Tax Map Item No.: 1000-37-5-22 Within 500 feet of: Town or Village Boundary Line XX Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Boundary of Existing or Other Recreation Area Proposed County, State Proposed County, State or Federally Owned Land or Federal Park or Existing Owned by Lines, or Within One Within One COMMEIITS: Applicant is dwelling with an or Proposed Right-of Way of Any Stream or Drainage Channel the County or for Which The County Has Established Channel Mile of a Nuclear Power Plant Mile of An Airport. requesting permission th construct a one family insufficient rearyard setback, approximately 75 feet from bulkhead. Copies of Town file and related documents enclosed for your review. Dated: November 9, 1989 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 $OUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX No. (516) 765-1823 October 18, 1989 Mr. Le0p0]d Stern, P.O. Box 263 East Marion, NY 11939 Re: Appl. No. 3864 - Leopold Stern, Jr. (Variance) Dear Mr. Stern: 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 CHAIRi~3~N By Doreen Ferwerda Enclosure Copy of Decision ~o: Building Inspectors' Office Southold Town Trustees Mr, Merle Wiggin, Peconic Associates C~unty Planning Page 3 - Appl. No. 3864 Matter of LEOPOLD STERN Decision rendered October 12, 1989 RESOLVED, to GRANT a Variance in the matter of the application of LEOPOLD STERN as applied under Appeal No. 3864 for the placement of a single-family dwelling, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the existing setbacks remain the same, with the exception of the setback of Spring Pond which will be 21+- feet, as shown on survey; dated 9/26/89, prepared by R. Van Tuyle P.E. 2. A suggestion in the construction process that straw/hay bales be placed approximately 15 feet from the bulkhead, running the distance of the construction, during construction period so that there will be no soil intrusion into Spring Pond. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, (absent, Serge Doyen, Fishers Island and Joe Sawicki). This resolution was duly adopted. df GERARD P. GOEMRINGER, ~AIRMAN 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 questions, hearing, At I'll make a reserving this time motion for closing the decision until later. I make a motion to close in favor? the hearing and reserve decision. Ail (Ail ayes).  The next (Reading). MR. GOEHRINGER: I have a copy of a survey again introduced by Roderick Van Tuyl, P.C., most recent date May 23, 1988. I have a copy of appeal is number this indicating a proposed house approximately 28 feet from Bay View Drive. It's most closest point is 20 feet from Spring Pond. I have a copy indicating this and the area. Somebody like this application? MR. WIGGINS: 30 of Suffolk County tax map surrounding properties in to be heard concerning Merle Wiggins, Peconic Association, for the applicant. The application has to do with the building of the house on the lot that is neither 75 feet from the bulkhead nor the 35 feet rear yard setback. The circumstances surrounding this RAM COURT REPORTING SERVICE (516) 727-3168 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 was a subdivision as of 1927. The present applicant owner purchased it in 1975. The 31 lot is not deep enough so you can get the 75 feet. The other bit of information that has a bearing on it is that the Spring Pond, which is the total bulkhead property is not public waters or town waters but privately owned which the owner pays a yearly fee for that. Not that it makes any difference, but that's one of the things that was perhaps not clear in the beginning. with The owner purchased this a long time ago the hopeful anticipation that he could have a retirement type home and move to this property. Now he's faced with insufficient rear yard setback. Since the application was made for variance, there has been some further discussion with the building department with the suggestion made that if the house could be moved further to the east, it would increase the rear yard setback. Now, when this was originally laid out the small portion of the lot was considered having RAM COURT REPORTING SERVICE (516) 727-3168 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 two front View. You cut front zoned yards on Larch Lane and one on Bay can see that's not a straight clear yard, because it's at an angle. Also the lot next to it on the east is so that it is not a buildable lot. He uses 32 that as an access dock for people who rent in the area. It's not a buildable lot and not meant to be a buildable lot. That brings out the circumstances. Any questions? MR. GOEHRINGER: Are you actually suggesting that you change -- MR. WIGGINS: To consider that a side yard of 15 feet rather than a front yard would increase the distance from the bulkhead by about three or four feet. MR. GOEHRINGER: This is the one on Orchard Lane? MR. WIGGINS: Yes. MR. GOEHRINGER: You're thinking about pushing .the house over to 15 feet. MR. WIGGINS: Yes, legal side yard setback. RAM COURT REPORTING SERVICE (516) 727-3168 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 that, MR. GOEHRINGER: or superimposed MR. WIGGINS: I MR. GOEHRINGER: Can MR. WIGGINS: Yes. MR. GOEHRINGER: We'll leave 33 Do you have a copy of anything for that? will submit that tomorrow. you do that? the hearing open until October 5th and receipt of that. And hopefully we decision expeditiously thereafter. MR. MR. Anybody else application? down there and make WIGGINS: GOEHRINGER: like to close it pending can make a I want to a few more measurements. Fine, thank you. Thank you. speak in favor over this (None). MR. GOEHRINGER: Anydody like to speak against the application? (None). MR. GOEHRINGER: The only question I had was this is a one-story house. MR. WIGGINS: Two-story. The square footage would be around 1300, 1500 square feet on the lot itself. MR. GOEHRINGER: Thank you. go RAM COURT REPORTING SERVICE (516) 727-3168 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 34 Hearing no further comment I'll make a motion recessing until October 5th pending the of another footprint area on the parcel further measurements for the Board. that motion, gentlemen. all in favor? MR. SAWICKI: Second. MR. GOEHRINGER: Are (Ail ayes). MR. GOEHRINGER: Thank you. I want to change that meeting day. It's until October 4th, not October 5th. receipt and for I'll offer recessed (Whereupon, a short recess was taken.) MR. GOEHRINGER: The next appeal is appeal number 3865. (Reading). MR. GOEHRINGER: from water conservation. Tuyl, We are waiting response I have a copy of the surveys, Roderick Van P.C., amended date of June 27, 1989. Indicating one and a half story framed house presently. Approximately 7 feet from the northeast property line and approximately four feet from the southwest property line, 30 feet from the bulkhead of the creek and quite a RAM COURT REPORTING SERVICE (516) 727-3168 C~NTY 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 ....... /..~. ~:~ ' Sworn to before me this ,/~;?' .............. day of ............. ~ ]9 ~ Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, State of New York No. 4806841 Q~iatified in Suffolk County Commission Expires ~/~ ,/~',, NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant io 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, SEPTEMBER 21, 1989, at the following times: 7:30 p.m. Appl. No. 3861-- SOUTHOLD FREE LIBRARY. Variance to the Zoning Or- dinance, Article IX, Section 100-102, as Disapproved, (non- conforming Bulk area and park- lng requirements of the Hamlet Business District). ~ Proposed construction will have insuffid cient total side yard setbacks. Property Location: 53705 Main Road, Southold; County Tax Map No. 1000, Section 61, Bloc~k~. 1, Lot 14. 7:35 p.m. Appl. No. 3859--' EMANUEL PIPERAKIS AND DIMITRIOS AGRIROPOU- LOUS. Variance to the Zoning Ordinance, Article XXIII, Sec- tion 100-239d (A) (1), aa disap- proved, for permission to con- struct an inground pool with deck and fence, wi,thin 100 feet from Sound in this R-40 Zone District. Property Location: 3410 North Sea Drive, Orient; County Tax Map No. 1000, SeCTL~ tion 15, Block 1, Lot 3. 7:40 p.m. Appl. No. 3798-- ELIZABETH McCANCE. Var- lance to the Zoning Ordinance, Article 1, Section 106-20 (Arti- cle III Section 100-31 aa Disap- proved) for approval of insuffi- cient area in this pending divi- sion of land of property, (R-80 Zone District.) Property Loca- tion: Mansion House Drive, Fishers Island; County Tax Map District 1000, Section 06, Block 05, Lot 3-5.1. 7:45 p.m. AppL No. 3863-- NICHOLAS TSIRKAS. Vari- ance to the Zoning Ordinance, Article XXIV, Section 100-244, aa disapproved, for permission to construct a one family dwell- ing with an insufficient 40' frontyard setback in this R-40 Zone District. Property Loca- tion: 2700 Sound Avenue, Greenport, County ~ut Map District 1000, Section 033, Block 01, Lot 11. {~ W50 p.m~[llltPl. No. 3827-- IN I~I~CHERE Vari- ance to the ~ning Ordinance, · Article I, Section 106-20, (Arti- cle III, Section 100-31, aa disap- proved), for approval of insuf- ficient areas in this pending sub- division (R-40 Zone District.) Property Location: 350 Wood Lane, Greenport, Section 043, Block04, Lot 29-30-35. ~ t~'~5 p.m. Appl. No. 3864--~ I.~OLD STERN. Variance' to the Zoning Ordinance, Arti- cle XXIII, Section 100-239d, B. (Article XXIV, Section 100-244, as disapproved), for permission · to construct a one family dwell- ing with an insufficient rearyard setback, approximately 75 feet from the bulkhead in this R-40 Zone District. Property Loca- tion: 1390 Bayview Drive, East Marion, County Tax Map Dis- trict 1000, Section 37, Block 5, ....l~t 22. 8:00 p.m. Appl. No. 3865~ CHARLES AND CAROL BURST. Variance to the Zoning Ordinance, Article III A, Sec- tion 100-30 A.3, aa disapproved, for permission to construct addition with insufficient side and rem'yard setbacks in this~Ip R-40 Zone District. Property Location: 705 Windy Point Road, County Tax Map District 1000, Section 87, Block 4, Lot 6. 8:05 p.m. Appl. No. 3866-- HENRY ARBEENY. Variance to the Zoning Ordinance, Arti- cle VIII, Section 100-82, as dis- approved, for approval of insufficient area in this pending subdivision, (Light Business Zoning District (LB), Property Location: Route 48, Kenny's Road, Southold, County Map District 1000, Section 059, Block 07, Lot 31. 8:10 p.m. Appl. No. 3849~ CIPITELLI BROS REALTY. Variance to the Zoning Ordi- nance, Article XXIII, Section 100-239d, A (1), aa disapproved, for permission to construct a one family dwelling with an in- sufficient setback and within 100 feet from Long Island Sound in this R-40 Zone District. Location of Property: 90 Petty's Drive, Orient, Coun- ty Tax Map No, 1000, Section 14, Block 2, Lot 24. 8:15 p.m. Appl. No. 3852-- RICHARD DiBLASI. Variance to the Zoning Ordinance, Arti- cle Ill, Section 100-30A3, as dis- approved, for permission to construct open deck in front yard, nonconforming with bulk area and parking regulations in this R-40 Zone District. Proper- ty Location: 360 Bayview Drive, East Marion, County Tax Map No. 1000, Section 037, Block 04, Lot 01. the Zoning Ordinance, Article III A, Section 100-30A.3, (Ar- ticle XXIII, Section 100-231 (A), aa disapproved), for permission to construct an attached deck with insufficient side yard and accessory fence (trellis) in front yard at the height of more than required 4 feet. Lot area is non- conforming in this R-40 Zone District. Property Location: 205 North Sea Drive, Southold, NY, County Tax Map No. 1000, Sec- tion 54, Block 4, LOt 4. 8:25 p.m. Appl. No. 3854-~ NANCY STEIN. Variance to the Zoning Ordinance, Article III, Section 100-119.2. (Article I, Section 97-12C, aa disapproved} for permission to construct a deck addition within 75 feet of water or wetlands. Zoning Dis- trier R-40. Property Location: 2535 Cedar Lane, East Marion; County Tax Map No. 1000, Sec- tion 037, Block 04, LOt 10. ' 8:30 p.m. Appl. No. 3857-- MICHAEL TOFFALIS. Vari- ance to the Zoning Ordinance, Article XXIV, Section 100-244~'1~' As disapproved, for permission to construct a deck addition, insufficient rear yard setback for nonconforming lot in an R-40 Zone District. Property Loca- tion: 50 Captain Kidd Drive, Mattituck, County Tax Map No. 1000, Section 106, Block 03, Lot 028. 8:35 p.m. Appl. No. 3858-- BERNARD COSIMANO. Vari- ance to the Zoning Ordinance, Article XXIII, Section 100-239d, B. (Article XXIV, Section 100-244, aa disapproved) for permission to construct a deck addition within 75 feet of bulkhead. Construction has insufficient total side yard set- backs in this R-40 Zone District. Property Location: Watersedge Way, Southold, County Tax Map No. 1000, Section 88, Block 5, Lot 63. 8:40 p.m. Appl. No. 3542-~s'° CLIFFSIDE (TIDE MARK), Variance to the Zoning Or- dinance, Article V, Section 100-50B Special Exception, (Ar- ticle XIII, as disapproved) for permission to construct 76 motel Units in this Resort/Residential (RR) Zone District. Property Location: 61475 County 48, Greenport, County Tax Map No. 1000, Section 045, Block 01, Lot 01. 8:45 p.m. Appl. No. 3770-- PORT OF EGYPT. Variance to the Zoning Ordinance, Article XII, Section 100-121C-122, (Sec- tion 100-239D, aa disapproved) for permission to construct Boat Storage Building with insuffi- cient setbacks and excessive lot coverage in this Marine II (M- II) Zoning District. Property Location: Main Road, Southold, County Tax Map No. O 1000, Section 056, Block 04, ~ 8:50 p.m. Appl. No. 3842-- CRESCENT BEACH CON- DOS. Variance to the Zoning Ordinance. Article XXVII, Sec- tion 100-271, aa disapproved, for permission to enclose decks or patios of units to be enclosed with glass windows with insuffi- cient setbacks. Property Loca- tion: End of Maple Lane, East Marion, in this Resort/Residen- tial (UR) Zone District, County Map No. 1000, Section 38, Block 7, Lot,~! .u~its. 8:55 p.m. Appl. No. 3860- DR. PAUL MITCHELL. Variance to. the Zoning Or- dinance, Article I11 A, Section 100-30A-3, aa disapproved, for approval to construct a single family dwelling with insufficient front yard setback in this R-40 Zone District. Property Loc. q~2o tion: 1015 Munn Lane, Oriefft~ County q~x Map District 1000, Section 017. Block 02. LOt 08. 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 com- ments may also be submitted prior to the conclusion of the subject hearing. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated: September 1, 1989.- BY ORDER OF THE' SOUTHOLD TOWN: BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Dorean Ferwerda IX, 9/14/89 ~25i%1 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZ[O, JR. Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX NO. (516) 765-1823 TO WMOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application, your public hearing will not start before the time 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 df Enclosure 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 August 23, 1989 Mr. Leopold Stern, Jr. P.O. Box 263 East Marion, NY 11939 Re: Appl. No. 3864 (Variance) Dear Mr. Stern: This letter will acknowledge receipt of your application for a variance and confirm that the Board Members are individually conducting field inspections and reviews as may be required by state and local laws during the next couple of weeks concerning your application. In the interim, we ask that the outside corners of the proposed construction be flagged, if not already done so. The public hearing on this application is expected to be held on or about September 21, 1989, at the Southold Town Hall, Main Road, Southold, and a copy of the notice of hearings as published in the Long Island Traveler-Watchman and the Suffolk Times will be sent to you as confirmation (with the exact time)in the near future. We do sincerely thank you for your continued patience during this period of transition within our department. Yours very truly, dff GERARD P. CHAIRMAN GOEHRINGER FRANK A. KUJAWSKI, JR., President ALBERT J. KRUPSKI, JR., Vice-President JOHN M. BREDEMEYER, III JOHN L. BEDNOSKI, JR. HENRY P. SMITH BOARD OF q'Og'N TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 August 2, 1989 Peconic Associates PO Box 672 Greenport, N.Y. 11944 TELEPHONE (516) 765-1892 Re: Leopold Stern, East Marion, N.Y. Dear Mr. Wiggins: The following action was taken by the Board of Town Trustees during their regular meeting held on July 27, 1989 as follows: WHEREAS the Town Trustees have conducted an on site inspection of the subject property, RESOLVED that the Town Trustees approve the request made by Leopold Stern for a waiver to construct single family dwelling landward of existing bulkhead at above mentioned property. Please return to the Building Department for a determination on the need for any other permits which may be required for this project. FAK:jas cc: Bldg. Dept. Board of Appeals u/ file Very truly yours, President Board of Town Trustees Lo~.3-5.1. 7:45 p.m. Appl. No. 3863 -- NI- a one family dwelling with an insuf- R-40 Zone District. Property Loca- EDWI~ g~NSCHERF, Variance to Section 1~6-20, (Article 11~ Section Section 100-239d, B. (Article a one family dwelling with an in~uf- mately 75 feet from the bulkhead in Location= 1390 Bayview Dilv~, East ness Zoning District (LB), Property 8=20 p.m. Appl. No. 3852 -- EL- Section 100-30A.3, (Article XX~], Count/Tax Map No. 1000, Sectina Zoning Ordinance, Anlcle I~ Sec- tiros 100-119.2. (Artic~ Section 97-12C,,a~ disapprov~ pennis- sion to construct & d~lSWaddition within 75 feet of water or wetlands. Zoning District R-40. Property Location: 2535 Cedar Lane, East Marion; County Tax Map No. 1000, Section 037, Block 04, Lot 10. 8:30 p.m. Appl. No. 3857 -- MICHAEL TOFFALIS. Varianlm to the Zoning Ordinance, Article XXIV, Section 100-244. As dis·p- 028. $:~5 p.m. Appl. No. 3858 ' BERNARD COSIMANO. Variance XXIIL Section 100-239d, B. (Arti- of bulkhead. Comtmction has insof- CLIFFSIDE (TIDE MARK). Vari- Exc~plion, (A~icle XIII, as disap- p~ved) for permission m co~tma d~fi~ (RR) Zone D~i~. l~openy Zoning Ordinance, Anicle XIL ~c- fion 100-121C - 122, (Section 100- 239D, ss disapproved) for pennis- Marine H (M-II) Zoning District. (RR) Zone District, County Map please call 765-1809. _6a30-1TSI4 ) SS: COUNTY OF SUFFOLK) Patricia Heaney _ _of Mattltuck, in said County, being duly sworn, says that h~/sha is Principal Clerk of THE SUFFOLK TIMESs a Weekly Newspapers published at Mattituci~ in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly publi~ed in said Newspaper once each week for I weeks successively, commencing on the 14'ch day of Prlncip~Clerk Sworn to befor~ me this day of ~ ~J~/~ .~L NOTICE OF HEARINGS. NOTICE IS HEREBY GIVEN, persuant to Section 267 of the Town Law and thc Code of the Town of Southold, thc following hbO·rings will be held by the SOUTHOLD TOWN BOARD OF APPI~ALS at · Regular Meeting, at the~Southold Town HaU, Main Road, Sonthold, NY 11971, on THURSDAY, SEFFEMBER~ 21, 1989, at the fol- lowing times: 7:30 p.m. Appl. No. 3861 -- SOUTHOLD FREE LIBRARY. Variance to the Zoning Ordinanc/, Afl/cie IX, Section 100-102, as Dis- approved, (nonconforming Bulk area and parkhg ~tinmncnu of the Hamlet Business disw/c0 Proposed construction w/Il have insufficient total side yard setbacks. Property Location: 53705 Main Road, Southold; County Tax Map No. 1000, Section 61, Block l, Lot 14. 7:35 p.m. AppL No. 3859 -- EMANUEL PIPERAKIS AND DIMITRIOS AGRIROPOULOUS. Variance to the Zoning Ordinance, Article XXIII, Section 100-239d (A) (l), as disapproved, for permis- sion to construct ·n inground pool with deck and fence, within 100 feet from Sound in this R-40 Zonc District. Property Location: 3410 North Sea Drive, Orient; County Tax Map No. 1000, Section ~ail[ng List of Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 Copies to the following on or about September 9, 1989: Suffolk Times, Inc. (Personal Delivery) L.I. Travel-Watchman Town Clerk Bulletin Board (Main Lobby) ZBA Office Bulletin Board (East Hall) ZBA Board Members (with copies of files) ZBA Individual Files Mr. Thomas C. Samuels, as Agent for Southold Free Library 25235 Main Road, Cutchogue, NY. 11935 Southold Pools, as Agent for Piperakis and Argiropoulous P.O. Box 1412, Southold, NY. 11971 Mr. Richard Lark, Esq. for Elizabeth McCance, Main Road, P.O. Box 973, Cutchogue, NY. 11935 Mr. Nicholas Tskirkas, 35-04 208th Street, Bayside, NY. 11361 Ms. Marie Ongioni, Esq. for Edwin Kinscherf, 218 Front Street, Greenport, NY, 11944 Mr. Merlon Wiggins, Esq. for Leopold Stern, Jr. Peconic Associates, P.O. Box 672, Greenport, NY. 11944 Edson and Bruer, Attorneys at Law, Esq. for Charles and Carol Burst P.O. Box 1466, Southold, NY, 11971, Mr. Rudolph Bruer, Esq. for Henry Arbeeny, P.O. Box 1466, Southold, NY, 11971 Mr. Lawrence M. Feeley, for Cipitelli Bros. Realty, Ward Associates, 1500 Lakeland Avenue, Bohemia, NY 11716 Mr. Warren A. Sambach, Sr. for Richard DiBlasi, P.O. Box 1033, Cox Lane, Cutchogue, NY 11935 Mr. Charles R. Cuddy, Esq. for Elliot Paskoff, 180 Old Country Road, P.O. Box 1547, Riverhead, NY 11901 Mr. Kenneth Stein, 5 Witchwood Lane, Chappaqua, NY. 10514 Mr. and Mrs. Michael Toffalis 50 Captain Kidd Lane, Mattituck, NY 11952 Mr. Jim Delucca, for Bernard Cosimano 12 Linda Lane, Riverhead, NY 11901 Mr. Garret A. Strang, for Paul Mitchell P.O. Box 1412, Southold, NY 11971 Mr. Richard. T. Haefeli, Esq. for Cliffside (Tide Mark) 184 Main Street, P.O. Box 1112, Westhampton Beach, NY 11978 Mr. Merlon Wiggins, For Port of Egypt 1 Bootleg Alley, Greenport, NY, 11944 Mr. William D. Moore, Esq. for Crescent Beach Condo. Main Road, P.O Box 23, Mattituck, NY 11952 Mr. and Mrs. Domenico LoRe 21 Chatteua Drive, Box 24, Oakdale, NY 11769 Mr. and Mrs. Nick J. Cassimates 150 Captain Kidd Drive, Mattituck, NY 11952 Ms. Margeret Drape 160 Breakwater Drive, Mattituck, NY 11952 Southold Town Board of Appeals HAIN ROAD- BTATE RI-lAD 25 513UTHnLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZ[O, JR. S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 3864 Project/Applicants: County Tax Map No. Location of Project: Leopold Stern 1000'.37-5~22 1390 Bayview Drive, East Marion, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct one family dwelling with insufficient rearyard setback,' 75' fro~ bulkhead. This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board's area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617.2jj, this Department is excluded as an involved agency. This determination shall not, however, affect any other agency's interest as an involved agency under SEQRA 617.2jj. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. tm P£CON C ASSOCIATES, INC. Environmental Planners & Consultants One Bootley Alley P.O. Box 672 Greenport, New York 11944 (516) 477-0030 Fax (516) 477-O198 July 10, 1989 Southold Town Zoning Southold Town Hall Main Road Southold, L. I. New York - 11971 Board of Appeals Re: Leopold Stern, Jr. East Marion, New York Variance AppIication Gentlemen: Enclosed herewith is the application for the above referenced project. If you have any questions, please do not hesitate to contact this office. Sincerely, PECONIC ASSOCIATES, INC. · Merlon E~WigginK'~//P/~h.D.,M.E. President ~ v Enclosures cc: Mr. Leopold Stern, Jr. MEW/iw JUDITH T. TERRY To: F rom: Dated: Transmitted herewith is Zoning Appeal NO. Leopold Stern, Jr. OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Southold Town Zoning Board of Appeals Judith T, Terry, Southold Town Clerk July 10, 1989 3864 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 · application of for a variance. Also included is: Notification to Adjacent Property Owners; Short Environmental Assessment Form; I~tter 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 Southold Town Clerk Standaid N.Y.B.T.U. Foim 8002 * -7~-70M-Barsain and Sate Deed. with Covenant against Gramoz', Acts-ladividuaI or ~z~tation.(S~n~ sh~t) CONS~T YOUR ~WYER B~O~ SIGNING THIS 'NSTRUM~~ ~' INSTRUMENT--THIS SHO~ BE USED BY ~WY~' o~Y~ "THIS INDF. NTURF. e made the .~t~ ~ day of October , nineteen hundred and seventy-five, BETWEF-~ DOROTHY K. SMITH, residing at 202 19th Avenue, S., St. Peters- burg, Florida, c/o Donald Smith (son) residing at 4603 Saul Road, Kensington, Maryland, as the surviving tenant by the entirety, Rober.t G. Smith having died November 12, 1957; the said Dorothy K. Smith, being the same Dorothy Smith mentioned in Deed dated June 10, 1953, and recorded in Liber 3540 C,/p 462, party of the first part, and LEOPOLD STERN, residing at 230 South Lane, East Marion, New York, party of the second part, WITNF..~K"rH, that the party of the first part, in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party ot the second part, the heirs or successors and assigns oi the party of the second part forever, ALI. that certain plot, piece or parcel of land, with the buildings and improvements therion ~r~tecl, situate, lying and I~ing,l,m~ at East Marion, Town of Southold, County of Suffolk, and State of New York, which plot is known as and by the lot No. 15 as shown on a map en. titled "Map of Section Two Gardiner's Bay Estates, situate at East Marion Long Island" which map was filed in Suffolk County Clerk's Office on September 23, 1927 und~' the No. 275. -- SEAL ESTATE e~,_ STATE OF ~ TRANSF~ TAXi. NEW YORK -- Depl of , ~ _- tOGETHER with all right tide and i ~terest, if any, of the vartv of the first ~art. _ ' i .... a.y stieets and r~.,,l*.?~-;--.:-.~ .....,-~,... ...... ,~, ~,~,,,,~ca ~u me ceuter nnes th~r~.e...~o...~xi:t~;R w~e~h the appurtenances aha ail the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein grauted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anythln~ whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compUance with Section 13 of the Lien Law, covenants that the party o~ ,the first part will receive the consideration for this conveyance and will hold the right to recei;,,e such eon,id- era,ion as a trust fund to be applied first for the purpose of paying the cost of tho improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture $o requires. lb{ WITN~.,~ WHE. RI~OF! the party of the first part has duly executed this deed the day and year first above written. ;,.,q. Al~ OI.2~j(~, ¢C,,UNTY OF ~'~'~'~ sss STARE OF NEW YORK, COUNTY OF sss On ~e 20they of October975 , ~fore m~ On the ~y~ 19 , ~{ore per~on~ly ~e per~o~lly ~e ',' ~THY K. SMITH, to me known to be the individu~ described in and who to me known to ~ the individu~ descried in and who ~ecuted the foregoing instrument, and a~nowledged t~t ex~uted thc foregoing instr~ent, and ~wlcdged t~t she ~uted ~e ~c. ~ecuted the ~e. No~y Public ~,,,~ .~.=, StG~ o[ ~[d~ a, ~ ith STA~ O~ ~A k~. I. H~old Mullendore, ~erk of ~e ~ of P~e~. ~ ~o ~k of ~e uly ~ 0~. ~L~.~~ CMC~t Co~t of the ~d ~ty, ~e ~me ~ a ~t of ~cord, · "' Virg~ia E. Bucklin ''' ~ ~ ~Y ~T~ ~T .......................................................... ' ' ~" '~ :"~'.= ' wh~e ~e is sub~ W ~e cer~i~ of ~e p~f or ac~owled~ment of ~e .' ~. ~. .: ' ~ent ~d ~n ~tten, w~ at ~e ~e oi ~g ~ch pr~i ~d ac~owledgm~t, i ~ "~ ~' ' . ' ~ a NOM~ ~bHc, ~ ~d [or ~d ~ty, r~l~g ~e~, d~y ~m~on~ ~d ~, nt; . ' ...... - ~d au~or~ by ~e M~ of ~d S~te W ~ke ~e ac~owl~ ~d pr~fs of d~s a. '. - ',. : ' ] ~' or conve~nc~, for ~d, tenemen~ or h~e~en~ ~ ~d S~, ~ ~ record~ ~e~. ~w ~-. ~ ~ .' . ~d f~er, ~at I ~ well acq~t~ ~ ~e ~d~l~g .',: ''" I ~ve com~ ~e ~pression of ~e seal ~ ~e~ ~ a s~c~en ~pre~ion ' .- · ~er~f riled or deposit~ ~ my o~ce, ~d ~t I ~e ~ ~p~on ~ ~e ~ u~n ~ ~, ~e ~al cer~i~ ~ gen~e. ' ...'... IN W~ ~F, I ~ve h~ ~t my ~d ~d ~ ~e s~l ~ ""' _2_Q~h ~_~_ob~ ~ !~_ ,, .................... ~ cE No. DOROTHY K. SMITH TO LEOPOLD STERN LOT COUNTY O~ TOWN t~'LIFE TITLE INSURANCE TITLE GUARANTEE' NEWYORK Irving L. Price, Jr. Attorney at Law 238 Main Street Greenport, New York zip No. 11944 PARTI State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only Project Inlomt&tlon (To be completed by Applicant or Project sponsor) LEOPOLD STERN, JR. GARDINERS BAY ESTATES Mun,c,pe~,y EAST MARION Co..~ SUFFOLK CONSTRUCTION OF A SII~GLE FAMILY RESIDENCE. SEE ATTACHED SURVEY Initially 1/4 + acres Ultimately 1/4 + acres [] Yes [] No If No, describe briefly RESIDENCE WILL BE CLOSER THAN SEVENTY-FIVE (75) FEET TO THE EXISTING BULKHEAD. [] Residential [] Industrial [] Commercial 10. Does actio~ involve a ~ermiUapproval, ot funding, now or ultimately, from any other governmental a~ency [Federal, state or local)? ~ Yes [] No If yes, list agency(s) and permit/approvals SOUTHOLD TOWN TRUSTEES (WAIVER OF JURISDICTION REQUESTED) SUFFOLK COUNTY DEPT. OF HEALTH SERVICES (PREVIOUSLY INSTALLED WELL AND SANITARY SUFFOLK COUNTY DEPT. OF HEALTH SERVICES PRELIMINARY APPROVAL OF PREVIOUSLY INSTALLED WELL AND SANITARY SYSTEM.' CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDCE JULY 10, 1989 rAJ 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 TOWN OF SOUTHOLD SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (a) Zn Order to 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 odditlonal studies, research or other, investigations will be Undertaken. (b) If any question has been answered Yes the project may be significant and a completed Environmental AssessmeNt Form is necessary. (c.) If all questions have been answered No it is likely that this project is not significant. (d') E~vironmental Assessment ']. Will project result in o large physical change .. to the project site or physically alter more than 10 acres of land? .................... .... Yes. X No 2. Will there be a major change to any unique or unusual land form found on the site? ......... Yes X No 3. Will project alter or have a large effect on ' existing body of water? ..................... · . Y~s. X No 4. Will project have a potentially large impact on groundwater quality? ...................... Yes X: No 5. Will project significantly effect drainage ...... flow on adjacent sites?.. ...... ; .............. Yes X No 6. Will project affect any threatened or endangered plant or animal species? ......... Yes X No 7. Will project result in a major adverse effec on air quality? .............................. Yes X NO J j ff 1 ' " 8. Will pro ect have o mo or e ect on visuo character of the community or scenic views or vistas known to be important to the community? Yes X~No D. Will project adversely impact any site or structure of historic, prehistoric or paleontological importance or any site designated-as a critical environmental area by local '6gency? Yes~ No la. Will project have a ~ajor effect on existing or future recreational opportunities? ......... Yes ~ No ll. Will project result in major traffic problems ' or cause O majgr effect to existing transportation systems? ....... . ................ Yes X No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturbance as a result of the project's operation? .................................... Yes. ~ No 13. Will project have any impact on public health ' f fy? ' Ye N 14. Will project affect the existing community by directly causing a growth in permanent population of more than 5 percent over a one year period or have a major negative effect on the chara'cter of the community or neighborhood? ................................. Yes X No 15. Is there public controversy concerning the project?.~ ...... ~~ ................. Yes X No PREPARER'S SIGNATUR v~~ ~ REPRESENTING_ LEOPOLD STERN, JRo DATE JULY 10. igs§ QUESTIONNAIRE TO BE COMPLETED AND SUB~IITTED ~TH YOUR ~PPLIC'ATION FO~4S TO THE BOARD OF APPEALS Please complete, sign and'return to the Office of the Board of Appeals with your completed applfdation forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch), to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours? Yes ~ 2.a)Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference.) . Yes ~ b)Are there any areas open to a waterway without bulkhead? ~es ~ 3. Are there existing structures at or below ground level, such as patios, foundations, etc? Yes ~ 4. Are there any existing or proposed fences, concrete barriers, decks, etc? Yes ~ 5. If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground--i~l? State total: ft. Yes ~ If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total: ft. Yes ~ 7. Are there other premises under your ownership abuttin~ 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 .IlI~DI£T]'f]N WAIVF[~ ~Ff)[IE.STED County Health Department~IOUSLY INSTAkL~ WELL & SAN. SYS. Village of Greenport N.Y.S.D.E.C. Other Yes Yes Yes No Yes No Yes ~ ¥e$ Yes 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from contract) 11. Is new construction proposed in the area of contours at 5 feet or less as exists? 12. If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have you made application to the Town Trustees for an inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? 13. Please list present use or operations conducted upon the subject property at this time VACANT and proposed SIN~IF FAMILY DWELLING Please submit photographs for the record· Yes Yes ~ Yes Q , I _c~ify that the above statements are true and are being submitted for ',~re~ce by th~ Board of Appeals in considering my application· Signa~ie (P~op~r~tty Owner) (Authorized Agent) 1/88 WETLANDS [Amended 8-26-76 by L.L. No. ')-1976; 3-26- 85 by L.L. No. 6-1985]: A. TIDAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with, or which border on, thlal waters, or hinds lying beneath tidal waters, which at mcan Iow tide are covered by tidal waters to a maximum depth of 'five (5) feet, including but not limited to banks, bogs, salt marsh, swamps, meadows, rials or other ]ow lying lands subject to tidal action: (2) All banks, bogs, meadows, fiats and tidal marsh subject to such tides ami upon which grows or may grow some or any of the following: salt hay, black grass, saltwort& sea lavender, tall cordgrass, high bush. cattails, gronndsel, marshmallow and Iow march cordgrass; and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet lamiward of the most landward edge of such a tidal wetland. FRESHWATER WETLANI)S: (1) "Freshwater wetlands" as define( · I in Article 24, Ti- tle 1, § 24-0107, Subdivisions l(a) to l(d) inclusive. of the Environmental Conservation Law of the State of New York; and (2) Ail land immediately adjacent to u "freshwater wet- ' land," as defined in Subsection B(1)and lying with- in seventy-five (75) feet landward of the most land. ward edge of a "fi'eshwa£er wetland." 9705 ! © CO' ',~ Reol Prop R-40 R-80 HD R -80 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter oT the Petition of to the Board of Appeals of the Town of Sourhold TO: BARBARA ANN CALCAGNINI 2071 MIDLAND DRIVE YORKTOWN HEIGHTS NEW YORK - 10598 FRANK THORP, JR. &ANO. BOX 5 EAST MARION NEW YORK - 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) (~l~:~x.~;Xl~Ol~.) ~:~~) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adiacent to your property and is des- cribed as follows: A RESIDENTIAL HOUSE LOT LOCATED AT 1390 BAYVIEW DRIVE, EAST MARION. Thai zhe properI¥ which is the subject of such Petition is located in the following zoning district: RR- RESORT/R~TDENTTA[ 4 '[bal h'~ such Peli~ion. the undersigned will request the following relief: PERMISSION TO BUILD A SINGLE FAMILY RESIDENCE. 5. That the provisions of thc Southold Town Zoning Code applicable to the relief sought by the under- signed are Article Section [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you ma)' then and there examine the same during regular office hours. (516) 7~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: JULY 10~ 1989 ~.///~ ) f,,/,/~. Owners ' Names :LEOPOLD STERN, JR. Post Office Address P, O. BOX 263, 230 SOUTH LANE EAST MARION, NEW YORK 11939 Tel. No. (516 )477-1114 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NAME PROOF OF MAILING OF NQTICF ATTACH, CERTIFIED ,M~, ,IL RECEIPTS P 740 401 797 RECEIPT FOR CERTIFIED MAIL (See Reverse) Sent,OBARBARA ANN CALCAGNINI Street and NO I 2071 MIDLANn P O, State and ZIP Code YORKTOWN HEIGHTq. NY 11~98 Postage S Special Dehvery Fee Return Race,pt showing to whom and Date Delivered Date, and Address of Delivery P 740 401 798 NOT FOR INTErNATiONAl MAIL (See Reverse) Sent to FRANK THORP, JR. & ANO. ~r(~e~ ar~J NO PO. Slale and ZIP Code EAST MARION. NY llq3q Postage C.d,tied Fee Special Delivery Fee Restricted Delivery Fee STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS,: LEOPOLD STERN~ JR. , residing at ?~¢~ qnlIT~ LANE EAST MARION~ NEW YORK , being duly sworn, deposes and says that on the 10TH day of JULY ,19 89 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at GREENPORT, NEW YORK {certified) (registered) mail. dS:O~i tO be(oreI me this NOTARY PUBLIC, State of No. 4702900 Quahfied m Suffolk ~ ~i~ion ~pi~ Mar~ ; that said No~tices/.~ mailed to each of said persons by (This side does not have to be completed on form transmitted to adjoining property owners.)