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HomeMy WebLinkAbout3880/7 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH R. 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. 3880 Matter of FRED AND DIANE STERN. Variance to the Zoning Ordinance, Article XXIV, Section 100-244, for permission to construct a deck addition to existing dwelling, proposed construction will have insufficient rear yard setbacks. Property Location: 2110 Sigsbee Road, Mattituck, County Tax Map No. 1000, Section 144, Block 1, Lot 17. WHEREAS a public hearing was held and concluded on November 8, 1989 in the matter of the Application of FRED AND DIANE STERN under Appeal No. 3880; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the west side of Sigsbee Road, Town of Mattituck, and is identified on the Suffolk County Tax Maps as District 1000, Section 144, Block 1, Lot 17. 2, This is an application for Variances from the Zoning Code Article XXIV, Section 100-244, for permission to construct a deck addition, proposed construction will have insufficient rear yard setback. Page 2 - Appl. No. 3880 Matter of FRED AND DIANE STERN Decision rendered November 8, 1989 3. Article XXIV, Section 100-244, a nonconforming 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. 4. The subject premises from the proposed deck is known and referred to as being 29 feet from the west property line, and the deck will be 18 X 22 feet. 5. In considering this application, the Board finds and determines: (a) that the circumstances of this application are uniquely related to the premises and its established nonconformities; (b) that there is no other method for appellants to pursue; and placing the proposed deck in any other location on the premises will require other variance relief; {c) that the ar~ chosen for the deck is not unreasonably located; (d) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (e) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance, as applied conditionally noted below. Accordingly, on motion by Mr. Goehringer, Seconded by Mr. Doyen, it was Page 3 - Appl. No. 3880 Matter of FRED AND DIANE STERN Decision rendered on November 8, 1989 RESOLVED, to GRANT a Variance in the matter of the application of FRED AND DIANE STERN as applied under Appeal NO. 3880 for placement of a 18' x 22' deck, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the deck remain unroofed. 2. That it not be any closer than 29'+- from the west property line. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen and Dinizio. (Absent Joseph Sawicki). This resolution was duly adopted. df GERARD P. GOEHRINGERyHAIRMAN RECEIVED AND FILED BY THE SOUTHOLD TOWN CT.F. RK DATE I'~/'Y/?7 HOUR /o3'f~..1 Town ~erk, Town o~ Southold APPEALS BOARD MEMBERS GERARD P. GOERRINGER, CHAIRMAN CHARLES GRIGONI$, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI 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 SOL~fHOLD TOWN BOARD OF APPF~LS at a Regular Meeting, at Southold Town Hall, Main Road, Southold, NY 11971, on WEDNESDAY, NOVEMBER 8, 1989, at the following times: 7:30 p.m. Appl. No. 3867 - RICHARD AND PATRICIA SNOW - Variance to the Zoning Ordinance, Article XXIII, Section 100-231A, as disapproved, for permission to construct a fence, exceeds permitted 4 feet. Property Location: 1585 Long Creek Drive, Southold, County Tax Map No. 1000, Section 55, Block 07, Lot 03. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of November 8, 1989 7:35 p.m. Appl. No. 3885 - FRED AND CAROL HIDDINK - Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, as disapproved, for permission to construct an accessory inground pool, proposed construction will exceed permitted lot coverage in this R-40 Zone District. Property Location: 614 Bailey Avenue, Greenport, County Tax Map No. 1000, Section 34, Block 04, Lot 05. 7:40 p.m. Appl. No. 3877 - HERBERT MACOMBER. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 B, as disapproved, for permission to construct a deck with ramp, proposed construction will have insufficient side yard setbacks. Property Location: 250 Anglers, Road, Greenport, County Tax Map No. 1000, Section 36, Block 2, Lot 1. i p.m. Appl. No. - FRED AND DIANE STERN. .Variance~ 7:45 3880 the Zoning Ordinance, Article XXIV, Section 100-244, for mission to construct a deck addition to existing dwelling, posed construction will have insufficient rear yard setbacks. Property Location: 2110 Sigsbee Road, Mattituck, ~ounty Tax Map No. 1000, Section 144, Block 1, Lot 17. Page 3 - Notice of Hearing Southold Town Board of Appeals Regular Meeting of November 8, 1989 7:50 p.m. Appl. No. 3871 - RICHARD AND JOAN GIBBS. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.4, (Article III, Section 100-33, as disapproved), for permission to construct an accessory building in front yard area. Property Location: 2140 Deep Hole Drive, Mattituck, County Tax Map No. 1000, Section 123, Block 4, Lot 4. 7:55 p.m. Appl. No. 3869 - WARREN AND SUSAN CANNON. Variance to the Zoning Ordinance, Article III, Section 100-32, for approval to construct poolhouse, pool and accessory garage in front yard area in this R-80 Zone District. Property Location: 4625 Aldrich Lane, Ext, Mattituck, County Tax Map No. 1000, Section 112, Block 01, Lot 14. 8:00 p.m. Appl. No. 3876 JOH/~ P. DEWAR. Variance to the Zoning Ordinance, Article XXIV, Section 100-244, for approval to construct an attached deck, proposed construction will have insufficient front yard setbacks in this R-40 Zone District. Property Location: 4420 Oaklawn Avenue, Southold, County Tax Map No. 1000, Section 70, Block 9, Section 46. Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of November 8, 1989 8:05 p.m. Appl. No. 3878 - ROBERT POTDEVIN. Variance to the zoning Ordinance, Article III A, Section 100-30 A.3, (Article XXIII, Section 100-239d (B), for permission to construct an addition to existing one family dwelling, proposed construction will have insufficient side yard setbacks and is within 75 ft from the bulkhead. Property Location: 4250 Peconic Bay Boulevard, Laurel, County Tax Map No. 1000, Section 128, Block 4, Lot 23. 8:10 p.m. Appl. No. 3883 - BEST AND SYVERSON. Variance to the Zoning Ordinance, Article XXIV, Section 100-241 A, for permission to construct alterations, additions and conversion to year round use to existing dwelling, proposed construction will have non-conforming uses in this R-40 Zone District. Property Location: 420 Private Road #17 off of Mineola Road, Mattituck, County Tax Map No. 1000, Section 123, Block 6, Lot 17. Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of November 8, 1989 8:15 p.m. Appl. No. 3872 - COMPASS TRANSPORTS (Markakis). Variance to the Zoning Ordinance, Article XXV, Section 100-250, for approval of site plan before any certificate of Occupancy or building permits can be issued in this Hamlet Business Zoning District (HB). Property Location: 175 Boisseau Avenue, Southold, County Tax Map No. 1000, Section 062, Block 01,Lot 16. 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 hearing. Each hearing will not start before the time allotted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809 Dated: October 30, 1989. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda Survey for FREDERICK P~ DIANA STERN Moffituck Town of Southold Su~ Co.,N Y Scdle 1"--40' Dec. 2, I95~ NOTE · :MONUI~ENT PLACED LOT NOS REFEN TO "AMENDED MAP O~' PR*OmERTY OF' MATTITUCK PARK P~OmERTI~. ~CI', ~lLE~ IN SUFFOLK COUNTY CLERKS OFfiCE GUARANTEED TO SECURITY T~TLE F5 GUARANTY CO (TITLE NO $-108754) PRO F E SSI ON~E'~NG I N E/ER AND LAND SURVEYOR. N ¥S"LIC NO. 12845 RIV£RMEAD_ N.Y. FORM TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL ./~ ./.~.~..~.~..~ .... o=/,~'~ ~-- PLEASE TAKE NOTICE that your application dated ... ~ ......... ~ ....... 19. ~ /1~ ~~' . cou,,y ~= ~,~ No. ,"Z~Z,on ...<~....~' .. B,o,~'Z . . .~ ...... ~o, . . . ~. Z. . . .; ~ ~'T Subdivision ................. Filed Map No ................. Lot No. is returned herewith and disapproved on the following grounds..ff~. ~(~(-4.. ~/. · · .~. ~. ~-~.. ~.~.~ ~.. ~..~, .... ~.~~.'.~.,/ .... ~.~... · ......... .... ..... ..... .... · ..~?~-4 .... ~....50'-'-~..~.. ................................. RV 1/80 TOWN OF SOUTHO~I~,~I~ ~ D APPEAL FROM DECISION OF BUILDING INSPECT~J~'D ~ 10~0 APPEAL NO.-~.~ . ~uthold Town.er k TO TH~ ZOniNG BOARD OF APPEALS, TOWN OF S~THOLD ......... ........... .......... ~ Name of Appellon~ Street and Number ......................................... Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) Name of Applicant for permit of Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATON OF THE PROPERTY ..~,./?..~.. SZ.~..~.~.~,.~. /~O,.,.~.. , ~ ~G~/ ~treet /H~'~¥~'~"~'""0~" ~;i~'i"~i~"~ District lO00 Section/~Block / Lot /7 - _ ~ ~2C~/c ..' ~I ................................................................................. burren~ ~ner~ ~lflN~ ~ ~/~V M~p No. Lot No. Prior O,ner. NA~ ~ ~E~ 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 3. TYPE OF APPEAL Appeal is mode 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 Law Chop. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 () PREVIOUS APPEAL A previous appeal (has)(~has no. been mode with respect to this decision 4. of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for o variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ~ A Variance to the Zoning Ordinance ( ) is requested for the reason that (Continue on other side) REASON FOR APPEAL Continued I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary ~AR~S.,P becou. /.'l/e.. ea.~. noT- ~e oO ~ d~. ~ vicinity of this property and in this use district because The hardship created is UNIQUE and is not shared by all properties alike in the immediate /.~ CHARACTER OF THE DISTRICT because The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE STATE OF NEW YORK ) ) ss COUNTY OF ) Sworn to this .................. 7 ......................... doy of ................... ~ ...................... 1927 Notory Public HELEN F,. DE VO£ NOTARY PUBLIC. State,of New NO. 470787B, Suit.),k T'~rm Ex~r~ OF SOUTHOLD P~OPERTY RECORD CARD STREET S V l LLAGE E W DISTRICT SUB. // ACREAGE RES. ~ ~ 0 SEAS. VL. FARM COMM. IND. I CB. I MISC. Est. Mkt. Value LAND IMP. TOTAL DATE REMARKS BUILDING CONDITION ~, AGE NEW NORN~L Farm Acre Tillable 1 Tillable 2 BELOW ABOVE FRONTAGE ON WATER Value Per Acre Value FRONTAGE ON ROAD Tillable 3 Woodland Swampland Brushland ~' ~,-- ~ ~ House Plot Total BULKHEAD DOCK i ' I Foundation ~- ~ Bath M. Bldg. i ~'~ /~ ! ,~ ~- ~/~/~ I ' Extension ] J~(~ : ~/ Basement 1/~ Floors ....Extension ~ 6~~ ~ /~ Ext. Walls ~/~j Interior Finish ~/~, Extension ] ...... Fire Place ./~ - Heat Porch Rooms 1st Floor Breezeway Patio Rooms 2nd Floor Garage Driveway Dormer O.B. APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SA~I/ICKI .lAMES DINIZI0, 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 December 4, 1989 Mr. and Mrs. Frederic Stern 3443 Bay Front Drive Baldwin Harbor, NY 11510 Re: Appl. No. 3880 - Fred and Diane Stern (VariAnce) Dear Mr. and Mrs. 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 CHAIRMAN By Doreen Ferwerda Enclosure Copy of Decision to: Building Inspectors' Office APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZI0, 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 WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the times allotted in the 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. GERARD P. GOEHRINGER CHAIRMAN dff Page 3 - Appl. No. 3880 Matter of FRED AND DIANE STERN Decision rendered on November 1989 RESOLVED, to GRANT a Variance in the matter of the application of FRED AND DIANE STERN as applied under Appeal NO. 3880 for placement of a 18' x 22' deck, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the deck remain unroofed. 2. That it not be any closer than 29'+- from the west property line. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen and Dinizio. (Absent Joseph Sawicki). This resolution was duly adopted. df GERARD P. GOEHRINGER~HAIRMAN APPEALS BOARD MEMBERS 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 GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. October 30, 1989 Mr. and Mrs. Frederic L. 3443 Bay Front Drive Baldwin Harbor, NY 11510 Stern Re: Appl. No. 3880 - Fred and Diane Stern (Variance) Dear Mr. and Mrs. Stern: This letter will acknowledge receipt of your application for a variance and confirm that the Board Members are individually conducting field inspections and review 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 November 8, 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,~./ GERARD P. GOEHRINGER CHAIRMAN dff 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the application? I should really pause in between, I apologize. Hearing no further comments I'm making a motion to close the hearing reserving the decision until later. THE BOARD: Aye. MR. GOEHRINGER: Ail in favor? Next appeal is on behalf of Dr. Fredrick Stern and Diane Stern. Appeal number is 3880. The legal notice reads as follows: Variance to the Zoning Ordinance, for permission to construct a deck addition to existing dwelling, proposed construction will have insufficient rear yard setbacks, Article XXIV, Section 100-244. Property Location: 2100 Sigsbee Road, Mattituck, County Tax Map No. 1000, Section 144, Block 1, Lot 17. I have a copy of a survey produced by Young and Young indicating an existing one story framed house placed approximately in the center of lot number 42 of this particular subdivision map. And indicating a proposed deck of approximately 18 by 22 showing an insufficient rear yard of 29 10 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 feet and 11 basically encroachment into this rear yard of about 6 feet. And I have a copy of the Suffolk County tax map indicating this and surrounding properties in the area? deck filed frame came down came of of time. Would you like to be heard? MR. STERN: When we decided to have the built we had the builder down there. He for the permits and meanwhile put in the and the peers so that when the inspector out there he could see that everything was to the proper depth. When the inspector down there everything was stopped because having 35 feet it was 6 feet too long instead 35 feet. Nothing has been done since that Unfortunately the position of that house the furthest setback of the one on the west side of the street. Therefore if I put a deck up to the limit it would not be functional at all. So that is why we would like to make it 6 feet more. Neither neighbors have any objections. The property in back of me is the 99 acre farm of John Hausing. Abutting the rear property line is a group of scrub trees with 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 12 land on the other side that is lined fallow with nothing back there whatsoever. MR. GOEHRINGER: Doctor, is this deck going to be roofed in any way? MR. STERN: No. MR. GOEHRINGER: It will remain open? MR. STERN: It is the closest to ground level that we can get on the side. That is more I believe than 18 inches high there will be a fence put. where a fence is not roofing. MR. GOEHRINGER: much, sir. MR. STERN: MR. GOEHRINGER: would like to speak in application? Anybody who this application? The other side is within the limits needed. There will be no Okay. We thank you very You're welcome. Is there anybody else favor of this would like further who to speak against board members? Questions from any THE BOARD: No. MR. GOEHRINGER: Hearing there is no questions, I make a motion to close the 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 hearing and reserve the decision. I should mention this before people leave. You are very welcome to call our office tomorrow 13 after ten o'clock. Tomorrow we'll give you the determination of the board. We're going to try to do the best we can in reference to making the decisions tonight. I have no idea how lengthy the series of hearings is going to be, but we'll do the best we can. All in favor? THE BOARD: Aye. MR. GOEHRINGER: Thank you very much for coming in. Next appeal is on behalf of Richard and Joan Gibbs, appeal number 3871. Legal notice read as follows: variance to the to construct an Application number 3871, Zoning Ordinance, for permission accessory building in front yard area, Article III A, Section 100-30 A.4, (Article III, Section 100-33). Property Location: 2140 Deep Hole Drive, Mattituck, County Tax Map No. 1000, Section 123, Block 4, Lot 4. A copy of a survey is here with no RAM COURT REPORTING SERVICE (516) 727-3168 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 RrlAD 25 SEIUTH{3LD, L.I., N.Y. 11971 TELEPHONE (516) 765 1809 TYPE II November 8, S.E.O..R.A. ACTION DECLARATION 1989 ' Appeal No. 3880 Project/Applicants: County Tax Map No. Location of Project: FRED AND DIANE STERN 1000- 144-1-17 2110 Sigsbee Road, Mattituck Relief Requested/Jurisdiction Before This Board in this Project: Construct deck addition to existing dwelling insufficient rear yard setbacks. 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 Board of Appeals, (516) 765-1809. information, please contact the Office of the Town Hall, Main Road, Southold, NY 11971 at tr JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southo[d Town Clerk Dated: September 7, 1989 Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 Transmitted herewith is Zoning Appeal No. Frederic & Diane Stern 3880 · application of 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 617.21 Appendix Slate Enviranmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONs ORly PART I~PROJECT INFORMATION (To be coml31._._eted by Applicant Or Project sponsor) S:'QR AMOUNT OF LAND AFFECTED; WILL ROPQSEB ACTION ~$ r-] No If NO. describe bnelly COMPLY WITH EXISTING ZCNING OR OTHER EXISTING LAND USE RESTRICTIONS? WHAT IS PRESENT L*~NQ USE IN VICINITy OF PRO~ECT~ STATE OR LOCAL) I~ Ye~ ~o I! yes, llst agency(s) and permit/approvals II. DOES ANY SPECT CF THE ACTION HAVEA CURRENTLY VALID PERMIT OR APPROVAL~ · 12. AS A RESULi' CF PROPO.~EO ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE 8EST OF MY KNOWLEDGE y are a szate agency complele lhe__~ L Coastal ASsessment Form before proceed ng with this assessment OVER 1 (Continued on reverse side) I~STnUCTro~S: S--~HO n ~V r nON~NTA 5_.A S S ~ S S~ ~NT ~ O ~,_~__/~ (a~-~--n order to answer the questions in this short EA~ it is ass=med that the preparer will USe currently available information COncernin~ t~e prelect and the likely impact 5. Will project significantly effect drainage flow on adjacent sites? 7. Will project result in a major adverse effect on air quality? 8. Will project have a major effect on visual char-'- Yes ~o 9. Will project adversely imuact any site or struct- 10. Will project have a m~jor effect on e~istinq or Ii. Will project result in major traffic problems or 12. Will project regularly cause objectionable odors, 13. ~__Yes No 14. 15. ~s there public controversy COncerning the prO]oct? Will project have any impact on public health or safety? Will Prelect affect the existing community by directly caus~n~ a growta in permanent pOpula- Charact~r of the community or neighborhood? QU-~'-I©.,,4KIRE TO SE CC.'.!PLF,'?£D AND ,qUB~IIT.-D YOUR ,'p~ , L£~..~ ....... l~),~ ["()~iS ~'O THE G(~:\I(D ~)[' :~'PEALS 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 sub,it other supporting documenta- tion. ~ Are there any proposals to chang~ o~ alter land contours? 2.a)Are there any areas which conuain wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference.) b)Are there any areas open to a waterway without bulkhead? 3. Are there existing structures at or below ground level, such as patios, foundations, otc? 4. Are there any existing or proposed fences, cuncrete barriers, decks, otc? 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. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground l~vel? State total: .... ft. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Are there any building permits pending on this parcel (or abutting land under your ownership, if any)? State Permit ~ and Nature: Yes Yes Yes ? Yes ~ Yes~ Yes ~o~ Yes N~ e Do state whether or not applications are. pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning Board Town Board Town Trustees County Health Department Village of Greenport N.Y.S.D.E.C. Other 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or Purchasers and conditions of sale. (from cqnt~act) 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 coDductod subject property at this time ~ and proposed Please submit photographs ~or ~ne record. upon the Yes Yes Yes Yes Yes Yes Yes Yes I certify that the above statements are true and are being submitted for reliance by the Board of/A~peals in c~nsidering my application. g. a~u,e ~Pro~er~y 0%~ner; {Au~qoriz~u 1/88 WETLANDS ~'Amended ~-2fi-7G I~y L.I.. N,. 2-I!)7~: A. TIDAL W~TLANDS: (1) Ail lands ~enernll~' cove,.,d or intermittently ered with. or ~v ~ie bord.r on. thlal wtt r.~ or ' lyin~ beneath tidal water~. ~vhieh at mean Iow tide . are covered by tidal wn/er~ to a mAxmlt]lll depth five (5) feet. inclu(lin~ but not limite~ to bank~;. bo~s. salt marsh. SWaml~s. meado~v~, fJat:t or Other low lying land~ subjecL to tidal action: (2) All banks, hogs. meadows, flats nmi tidal mar~h subject ~ ~uch tides and ul~on which grows or ma~ grow some or any of tbe f~llow ng: salt ]Jay. black grass, saltworu, sea lavender, tall eordzr:lss, high hush. cgttails, ffroundsel, marshm:dloxv and ~areh cordgrass; ami/or All land immediately adjacent to a tidal wetland as defined in Subsection At2) and lyin~ within seven. fy-five (75) feet landward of tho most landward edge of such a tidal Wetland. FRESIIWATER WETLANI}S: (1) "Freshwa~r wet/ands" as defined in Art/cie 2.l. Ti. tlc 1. ~ 24-0107, Subdivisions l(a) ~ l(d) inclusive. of the Environmen~l Conservation ~w of the Sta~ of New York: and (2) Ail land immediately ad.iacent ~ a"freshw:~ter wet- land."as defined in Subsection UI1) and I)'in~ w/th. in seventy.five (75) feet landward of the most. land. ward edge of a "fresh%Va~er wet/and." 970~ j T! ,IS INDENTURE .=de day /~ - December , nineteen hundred and fifty-seven between gARGARET ~l. KENT, residing at 87-26 253rd Street, Bellerose, Queens County, New York, , party' of the first part; md FREDERIC L. STERN and DIANE K. STERN, his wife, both residing at 13lQ Cortelyou Road, Brooklyn 26, Kings County, New York, , part la'the second pa~; WITNESSETH, that the party of the iSrs: part, h~ consideration u~ Ten (~lO. O0 ~ dollar~, law£ul money of the United States, and other valuable considerations paid by the partios of the second pv.~:, does hereby gr~nt ~ud re3ease unto the parties of the second pan, heirs, executors . ~ud a~igns ALL those certain lots, pieces or parcels of land with the buildings and improvements thereon, situate, lying and being at gattltuck, in the Town of Southold, County of Suffolk and State of New York, being known as Lots 41 and ~2 as shown on a certain map entitled "Amended gap of Property of Nattituck Park Properties, Inc., ~attituck, New York", surveyed July ll, 192~ by Daniel R. Young and filed in the office of .~he Clerk of Suffolk County on January 12, 1926 as gap number 801, which said lots when taken together are bounded and described as follows:- BEGINNING at a monument set in the westerly line of Sigsbee Road distant 531.51 feet northerly from the corner formed by the intersection of the westerly line of Sigsbee Road with the northerly line of Peconic Bay Boulevard; RUNNING thence South 69 degrees 22 minutes West 1~5.37 feet to a monument and land now or formerly of John Huslng; THENCE North 20 degrees 29 minutes West along said last mentioned land 100 feet to a monume~ THENCE North 69 degrees 22 minutes East 145.09 feet to a monument set in the westerly line of Slgsbee Road; THENCE South 20 degrees 38 minutes East along the westerly line of Sigsbee Road 100 feet to the point or place of beginning. TOGETHER with the right to use in common with the other owners of lots shown on said map, the tract shown on said map as Sigsbee Park for park purposes only under such conditions, restrictions and limitations as may be imposed by the Association of owners of lots on said map, but such restrictions will not interfere with the use and enjoyment of said Sigsbee Park by the owners of lots on said map, including the Grantees herein. TOGETHER with a right-of-way over $igsbee Road shown on said map and over a right-of-way 3 rods wide r~uning from Peconic Bay Boulevard over premises shown on said map to Peconic Bay. LOT #41 being and intended to be the same premises conveyed to gargaret ~. Kent by Donald F. Hurlbert and Vera Hurlbert by deed dated xugust 5, 1950 and recorded in the Suffolk County Clerk's office in Liber 3115 cp 474 on August 21, 1950. LOT #42 being and intended to be the same premises conveyed to ~argaret ~. Kent by Sidney P. Tuthill by deed dated June 18, 1947 and recorded in said Suffolk County Clerk's office in Liber 2722 cp 579 on June 30, 1947. ~ogether with the apptL~enu-nee~ {~ ell the estate and ri~ht~ of the paz't0 ot the first peat ia. end to smd premises. TO HAVE AND TO HOLD the premises herein granted unto the parties of the second part, their heirs, executors and assigms forever. AND said Margaret M. Kent covenant s ~s follows: F~EST--Tlmt said Margaret M. Kent seized of the said prem~es in fee simple, smd h~s ~ right to convey the same; SECOND--That the part iesof the second l~,rt shall quietly enjoy the said pr~mi~es; THIRD--~hat the said prenfises are free from encumbrances; FOURTH--That the part y of the first part will execute or procure any further neeessar~ once of the title to said pren~ses; F~-rH--That said M~ garet M. Kent will forever warrant the title to said premise~ The grantor, in compliance with Section 13 of the Lien Law, covenants that the grantor will receive the eon- sideration for this conveyance and will hold the right to receive such consideration as a trot fund to be aM~lled first [or the purpose o[ paying the cost of the improvement and that the grantor will apply the ~ first to the payment the cost o{ the improvement before using any pm't of the total o[ the same [or any other pm'l~se. IN WITNESS WHEREOF, the psety of the first part has si&ned and sealed these presents the day and year first above written. In the Presence of~. Margaret }~. Kent STATE OF COUNTY OF On the /~ ~ day ~ December be~re me came Margaret M. Kent , -i-eteen hundred and fifty-seven to me known 'to bo the individual aeknowledged that she STATE OF N~W YORK COUN'r 1~ OF On the before me came executed the ~me. dayof described in, and who executed, the foregoing instrument, and Notary Public ~t~a~ ,..mu~om~ nineteen hundred and~ ~..-~t;s'.,o~: sll~[01~ e~J'~li~ to me known to be the individual deser~bod in, and who executed, the foregoing instrument, and acknowledged that he executed the same. DEC t? 195'/ STATE OF INrEW YORK ~ ss.: COUNTY OF On the day of , nineteen hundred and , before me came the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who: being by me duly sworn, did depose and say that he resides at that . he knows to be the individual described in, and who executed the foregoing-instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the-same time subscribed h name as. witness thereto. STATE OF NEW YORK, COUNTY OF On this day of htmdred and , before me personally came . in the year nineteen to me known, who being by me duly sworn, did depose and say that he resides at ; that he is the · of the corporation described in, and which executed the above instrument; that he knows the corporate- · ~eal of said corporation; that the seal affmed to said instrument is such corporate seal; that it was so afl. ed by order of the Board of of said corporatio~ and that he signed his name thereto by like order. [mir, DH 0 Copies to the following on or about November 2, 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. Richard W. Snow, 2 Ashley Court, East Islip, NY 11730 Mr. and Mrs. Fred Hiddink, 614 Bailey Avenue, Greenport, NY 11944 Mrs. Louise Macomber, 9200 Gregory Drive, Richmond, Virginia 23236 Mr. and Mrs. Frederic L. Stern, 3443 Bay Front Drive, Baldwin Harbor~ NY 11510 Mr. and Mrs. Richard Gibbs, 8 Sunnyside Lane, Westport, CT 06088 Mr. Donald Denis, Main Road, Aquebogue, NY 11931 Mr. and Mrs. Warren Cannon, 4625 Aldrich Lane Ext., Mr. Michael C. Eckhardt, 1000 9th Street, Driftwood Cove, Box 115, Greenport, NY 11944 Mr. Robert Potdevin, 208 Beechwood Road, Ridgewood, NJ 07450 Mr. Frederich S. Wallerius, 4230 Peconic Bay Boulevard, Laurel, NY 11948 Wickham, Wickham and Bressler P.C., P.O. Box 1424, Mattituck, 11952 Ms. Adlyn J. Syverson, 9 Boston Road, Bellrose, NY 11426 Ms. Margaret Best, P.O. Box 609, Mattituck, NY 11952 Ms. Mary Smith, Y-5, Gilgo Beach, NY 11702 Mr. Andreas E. Markakis a/c Compass Transports S.A. 175 Boissea Avenue, Southold, NY 11971 Wesley Bednoski, 340 Soundview Avenue, Southold, 11971 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Patricia Heaney of Mattituck, In said County, being duly sworn, s-ya that he/she Is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattltuck, In the Town of Southold, County of Suffolk and State of Mew York, and that the Notice of which the annexed is a printed copy, has been regularly published In said Newspaper once each week for i weeks successively, commencing on the 2nd day of ~1989 ~f ~/th~/ Princlpsl Clerk NOTICI~ ~f.. HEARINGS NO~TICE IS~HEREBY GIVEN, I~rsuant to Se~ion 267 of the Town Law and the,.~e of the Town of Sonthold, the fo~ll~g hearings will be held by the SOUTHOLD TO~N BOARD OF APPEALS at a Reguhr Meeting, at Socthold Town Hall, Main Road, Sonthold, NY 11971, on WEDNESDAY, NOVEMBER 8, 1989, at the follow- 7:30 p.m. Appl. No, 3867 RICHARD AND PATRICIA SNOW -- Variance to the Zoning Ordi- nance, A~cle ~ Section 100- 231A, u disapproved, for permis- sion to construct a fence, exceeds permitted 4 feec Pmpony Location: 1585 Long Creek Drive, Southold, C~mty Tax Map No. I000, Section 55, Bleck 07, L~ 03. 7:35 p,m, AppL No, 3885 -- FRED AND C.~OL HIDDINK Variance to the Zoning Ordinance, Article fft A, Section 100-30 A.3, as di~pproved, f~' penmssion to c~- struot an accessory ingroond pool, proposed construction will exceed permitted let coverage in this R-40 Zone District. Property Location: 614 Bailey Avenue, Greenpofl, County Tax Map No. 1000, Section 34, Block 04, L~ 05. 7:40 p.m. Appl. No. 3877 -- HERBERT MACOMBER -- Vari- ance to the Zoning Ordinance, Arti- cle XXIV, Section 100-244 B, as thsapprov~d, for permission to con- struct a deck with ramp, proposed construction will have insufficient side yard sethacks. Proporty Loca- 6on: 259 _.~n/~]~ Re~d, Greenpo~, 8:15 p,m. AppL No. 3872 -- COMPASS TRANSPORTS (Markakis) -- Variance to the lng Ordinance, A~icle XXV, Secticfl 100-250, for approval of sit~ plan before any certificate of Occupency or building permiu can be issued in this Hamlet Business Zoning Dis-~ uict ~IB). Property Location: 175 Boisseau Avenue, So~thold, County Tax Map No. 1000, Section 062, Bleck 0l, Lot 16. · The Board of Appeals will at said t~ne and place hear any and ali per- sons or reprcsenmtlves desiring to be heard in each of the above matte~. Written ccmme~u may a~o be sub- mltted prior to th~ conclusion of th~ heating, Each hearing will ncr start. before the time allotted. Additional time for your~ntati~m will be available,~ll"-needed. For m'~ infor- mation, please call 765-1 Recovering H~ring of S~ 21st. 1989 application' #3776 PORT OF EGYPT. Daw. d: October 30, 1989. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPF~LS GERARD E GOEHRE'~GER CHAIRMAN By Dorecn Fcrwcrda 6485-1TN2 p.m. Appl. FRED AND DIANE STBRN -- Variance to tho Zooln petmissinn to.con, sra.,ct · de~ f mr yard setbacks. Pro.ny Loc. n- rich: 2110 Sigs~ Roed, Mauintck, Com~ Tax Map No. 1000, Sectin~ p.m. AppL No~ RICHARD AND JOAN GIBBS -- ,,Variance to the Zoning Ordinance, Article I~1 A, Section 100-30 A.4,~ (A~icle ~ Sectieo 100-33, as dis- approved), for permission to con- yard au. l)Mp~y L~cation: 2140 ~ Ho~e l~ive, Ma~intc~, Coumy . Tax Map No. I000, Section 123, Blc~k 4, Lot 4. 7:55 p.m. Ap~l. No. 3869 -- WARREN AND SUSAN CANNON --- Variance to the Zooln$ OrdL- n~ce, A~icle I~ Sectino 100-32, f~ al~oval to con~ poclheme, pool sad accessol'y garage in front yard area in this P,-80 Zone Dimi~. Property Location: 4625 Aldrich Lane, Ext., Mattitock, Co·may Tax~ Map No. 1000, Seotion 112, Blocl~ 01, Lc~ 8:00 p.m. AppL No. 387~ -- JOHN P. DEWAR -- Variance to the Zoning Ordinance, A~iclc XXIV, Section 100-244, for approval to construction will have insufficient front yard setbacks in this R-40 Zone District. P~perty Location: Cmmty Tax Map Ne, 1000, Section 70, Block 9, L~ 46. 8:05 p.m. Appl. No. 3878 -- ROBERT POTDEVIN -- Variance to the Zonin$ Ordinance, Aflinle A, Section 100-30 A.3, (Article XXII~. Section 100-239d (B), for to exisfinS one family dwelling, pro- pined ccnmuoion will have insuf~- cieflt side yard setbacks and is with- h 75 fL from the bulkhead, property Location: 4250 Peccnic Bay Bcqle- yard, Laurel, County Tax Map No, 1000, Sccrion 128, Bleck 4, Lot 23. 8:10 p.m. AppL No. 3883 BEST' AND SYVERSON -- Variance to the Zoning Ordinance, Article XXIV, Section 100-241 A, fe~ per. mission to construct alterations, additions and conversion to year posed construction will have non- conforming uses in this R-40 Zone Dis·riaL Property Location: 420 Pri- vate Road No. 17 off of Mi·cola Road, ~artituck, Co~nty Tax No. 1000, Section 123, Block 6, Lo( BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or t~Petition of : to the Board of Appeals of the Town of Southold : TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. T~e intention of the undersi§ned to petition the Board of Appeals of the ]'own of Southold to requesta~ (Special Exception) (Special Permit) (Other) [circle choice[ 2. That the property which is/)he subject of th.~ Petition. is located adjacent ~o your ~ro, pert__iy.~nd is des- cribed a.s follows: .~ .~...F_, ~~, ~ ~ ~ lhal h~. su, l~ Petiti.n,.I~e undersigned will r.g~ues_t tl~e fo.~owing relief: S. That the provisions of the Southold Town Zoning Cgde/applicable to the relief sought by the under- signed are tic e [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. ]hat within five da~s from the date hereof, a written Petition requesting the relief specified above will befiledin the Southold Town Clerk's Officeat Main Road Southold, New York and you may then and there examine the same during regular office hours. {5~6) 7~5-~809. 7. Yhat 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 Address _ [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NAME eo3 RECEIPT FOR CERTIFIED MAiL NO INSURANCE COVERAGE PROVIDED NOT FDR INTERNATIONAL MAiL (See Reverse) p . [ d ZIP CO e Specia~ Delivery Fee Restric[ed Delivery Fee Return Receipt show~ng , whom and Dale~ PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS p 730~8~ 204 RECEIPT FOR CERTIFIED MAiL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) No INSURANCE COVERA.. ~ lEI3 MAIL B89 STATE OF NEW YORK ) COUNTY OFSUFFOLK) "t~_~'/y__D~f~ZiC L~ ';., ~ 2=Z~..; , residing at '~ ,/; /~ _/~'~/¢Z-~D/4, L'k' ~/(~;~", ~" t/~I~ , being duly sworn, deposes and says that on the ~: day of ,0~',~ p-~ , 1 9 ~ , 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 addresse~ of said persons as shown.on the current assessment roll of the TowL~f Southold; that said Notices were mailed a~ the United States Post Of- rice at 7//?8~ ;that said Notices were mailed to each of said persons by Sworn to be~;ore me this day of Notary Public HELEN IL DE VOE NOTARY PUBL C, State of Ne~ Yod[ No. 4707878, Suffolk Term Expires Ma~ch (This side does not have to be completed on form transmitted to adjoining property owners.)