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t Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 5DUTHOLD, 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 DINiZIO, JR. ACTION OF THE BOARD OF APPEALS Appeal No. 3816: Upon application of WILLIAM AND THERESA PARK, JR. for a Variance to the Zoning Ordinance, Article III, Section 100-32 for approval of addition to accessory building with insufficient setbacks from property lines. Location of Property: Westerly Side of Bennett Lane and the South Side of Pine Neck Road, Southold, NY; County Tax Map District 1000, Section 70, Block 9, Lot 1. WHEREAS, a public hearing was held and concluded on January 12, 1989 in the Matter of the Application of WILLIAM AND THERESA PARK under Appeal No. 3816; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning and the surrounding areas; and WHEREAS, the Board made the following Findings of Fact: P~ge 2 - Appl. No. 3816 Matter of WILLIAM AND THERESA PARK Decision Rendered January 12, 1989 1. By this application, appellant requests a Variance under Article III, Section 100-32 for approval of shed attachment to existing detached garage located in the rearyard area with an insufficient setback from the easterly property line at 2.5 feet as shown on the August 11, 1988 survey prepared by Peconic Surveyors, P.C. 2. The premises in question is a 20,000+- square foot parcel of land with 160.0 ft. frontage along the south side of Pine Neck Road and 120.0 feet along the east side of Bennett Lane in the Hamlet of Southold, Town of Southold, more particularly identified on the Suffolk County Tax Maps as District 1000, Section 70, Block 9, Lot 1. 3. The subject parcel is improved with a single-family, one-story frame house and two small accessory structures, all as shown on the above-mentioned survey. 4. The size of the attachment to the accessory garage structure under consideration is approximately 6 ft. by 13 ft. 5. Article III, Section 100-32 of the Zoning Code provides accessory buildings to be located only in the required rear yard with a setback of not less than three feet from any property line. 6. It is the position of this Board in considering this application that: (a) the circumstances are unique to the property and are not personal in nature; (b) the relief requested is not unreasonable and is the minimal necessary; (c) the relief requested will not alter the essential character of the neighborhood; (d) the amount of relief requested by this variance is minimal, being a variance of six inches; (e) there is no other method feasible for appellant to pursue other than a variance; P~ge 3 - Appeal No. 3816 Matter of WILLIAM AND THERESA PARK Decision Rendered January 12, 1989 (f) the variance, if granted, will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town, or be adverse to neighboring properties; (g) the interests of justice will be served by granting the variance. Accordingly, on motion by Mr. Goehringer, seconded by Messrs. Grigonis and Dinizio, it was RESOLVED, to GR~/~T the relief requested under Appeal No. 3816 in the Matter of WILLIAM AND THERESA PARK, JR. for approval of accessory building in the rearyard area with a setback at 2.5 feet from the easterly property line, to be used accessory and incidental to the residential use of the premises (for storage purposes). Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, and Dinizio. (Member Doyen was absent due to poor weather conditions and Member Sawicki was out-of-state). This resolution was duly adopted. lk ilEC IVED AND FILED BY Ti-~E SOUTii~LD TOWN C~LK DATE //"~//79 HOUR Town Clcrlr, Town of SouthelJ GERARD P. GOEHRINGER, $outhold Town Board of Appeals CHARLES GRIGONIS, JR. SERGE DOYEN, Jr. JOSEPH H. SAWICKI ~O~TCE OF JAMES DINI710, JR. NOTICE IS HEREBY GIVEN, pu~-suant 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 $outhold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, JANUARY ~, 1989, at the following times: 7:32 p.m. Appl. No. 3809 - STEPHEN AND DONNA GRZESIK. Variance to the Zoning Ordinance, Article III, Section 100-31, for permission to construct addition to dwelling with an insufficient rearyard setback. Location of Property: 62215 (309) North Road, Greenport, NY; County Tax Map District 1000, Section 40, Block 1, Lot 3. 7:35 p.m. Appl. No. 3810 - ANTHONY AND ROSEMARY BOLLETINO. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory tennis court, swimmingpool, and fence enclosure(s) in the frontyard area. Location of Property: North Side (~16705) Main Road, East Marion, NY; County Tax Map District 1000, Section 23, Block 1, Lot 14.6. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of January 12, 1989 7:38 p.m. Appl. No. 3817 - DORIS K. BROWN. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory building in the frontyard area. Location of Property: Private Right-of-Way located off the north side of Bergen Avenue, Mattituck, NY; County Tax Map District 1000, Section 112, Block 1, Lot 17. · 7:43 p.m. appl. No. 3816 - WILLIAM AND THERESA PARK. riance to the Zoning Ordinance, Article III, Section 100-32, / Jfor approval of addition to accessory building with insu~ficient~ setbacks from property lines. Location of Property: Westerly Side of Bennett Lane and the South Side of Pine Neck Road, Southold, NY; County Tax Map District 1000, Section 70, Block 7:48 p.m. Appl. No. 3820 - GUNTHER AND KAYLA STOTZKY. Variance to the Zoning Ordinance, Article III, Section 100-31, for permission to construct addition at rear of existing dwelling with an insufficient rearyard setback. Location of Property: East Side of Osprey Nest Road, Greenport, NY; Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of January 12, 1989 7:53 p.m. Appl. No. 3802 - HOWARD LUCAS/ALICE HUSSIE. Special Exception to the Zoning ordinance, Article VII, Section 100-70B for permission to establish car dealership (and sign) in this B-1 General Business Zone District. Location of Property: West Side of Horton's Lane, Southold, NY; County Tax Map District 1000, Section 59, Block 3, Lot 32.1. 8:00 p.m. Appl. No. 3912 - PETER AND JANICE STEIL. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory swimmingpool in the frontyard area. Location of Property: East End Road, Fishers Island, NY; County Tax Map District 1000, Section 5, Block 2, Lot 7.4. 8:03 p.m. Appl. No. 3815 - ALFRED FALKOWSKI. Variance to the Zoning Ordinance, Article IX, Section 100-93, Bulk Schedule, for permission to locate new principal building in this C-1 General Industrial Zone District with an insufficient frontyard setback. Location of Property: 8595 Cox Lane and South Side of Oregon Road, Cutchogue, NY; County Tax Map District 1000, Section 83, Block 3, Lot 4.6. Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of January 12, 1989 8:05 p.m. Appl. No. 3814 - RYCK KOKE. Variance to the Zoning Ordinance, Article III, Section 100-32 for approval of accessory swimming pool with fence enclosure in the sideyard area. Location of Property: 245 Kimberly Lane, Southold, NY; Paradise By the Bay Subdivision Lot No. 2; County Tax Map District 1000, Section 70, Block 13, Lot 20.2. 8:10 p.m. Appl. No. 3806 - DORIS PRICE MOELLER FOSTER. Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient lot width (frontage) of proposed Parcel No. 1 in this pending Minor Subdivision. Location of Property: West Side of Little Neck Road, Cutchogue, NY; County Tax Map District 1000, Section 103, Block 9, Lot 13. 8:15 p.m. JOSEPH AND BETTY HARDY. South Side of Main Road, Mattituck, NY; 1000, Section 114, Block 11, Lot 5: (a) Appl. No. 3747 - Special Exception to the Zoning Ordinance, Article VIII, Section 100-80B, for permission to construct wholesale storage building, accessory to plumbing use; and Location of Property: County Tax Map District Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of January 12, 1989 (b) Appl. No. 3746 - Variance to the Zoning Ordinance, Bulk Schedule, Article VIII, Section 100-81, for permission to construct wholesale storage building for plumbing business use. 8:25 p.m. Appl. No. 3810 - WILLIAM J. BAXTER, JR. Special Exception to the Zoning Ordinance, Article XIII, Section 100-80B for permission to utilize existing building and premises for assembly and manufacture of classic cars in this Industrial" Zone District. Location of Property: Main Road and West Side Elijah's Lane, Mattituck, Lot No. 1 as shown on Map dated October 12, 1988; Map District 1000, Section 108, Block 4, Lot 10. "C-Light North Side NY; Proposed County Tax 8:30 p.m. Appl. No. 3797 - FISHERS ISLAND UTILITY COMPANY, INC. Variances to the Zoning Ordinance, Article III, Section 100-31, for approval of insufficient area of two proposed parcels in this pending division of land. Location of Property: West Side of Crescent Avenue and North Side of Central Avenue, Fishers Island, NY; County Tax Map District 1000, Section 6, Block 6, Lot 20.4. Page 6 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of January 12, 1989 The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. For more information, please call 765-1809. Dated: January 3, 1989. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE(/that your application dated...,. ~.:.' ./..~. ........... 19..~0~.. for permit/txf'/6~- ...... .~x~... ~ .~ . .~¢~. ~~e~.. .... at Location of Property house~o?..("~.. . ...... /.. .... '.~.--~.~.[~. . .~. . .~ ...... County Tax Map No. I000 Section ..... ~.6>. ...... Block .... ~.~. ....... Lot ....O../ ........ Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds.. ~.~0~..~ :.6 ..................................................... ldzng Inspector RV 1/80 :'nit :A ,.. ,-;!C c '%eD{ IE0~M'NO. 1 "!-'TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL " SOUTHf~LD, N.Y. 11971 TEL.: 765-1802 Approved ..~....~. ~tff/j 19f~ Permit No. l'2~Z.2-.~ Disapproved a/c ..................................... (Building Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS ~RD OF HEALTH ............ iTS OF PLANS ............ SURVEY ..................... CHECK NOTIFY CALL ..................... MAlL TO: ? Date ...... '7 ............ 1 . b. Plot pla sh.'O~ii6~!~'6r139f [9~an~.,6f buildings on premises, r;lafionship to adjoining premises or ub~c street. or areas, and ~v~'~4 aet J a ~esc[i~tion,bf:liyout of nro~er-, mu~' "- ~ ........ z ........ P .... ' C.. ~e work covereffby t~s apphcation '~hy not be commenced before issuance of Bu~d~g Pe~it. d. Upon approyaJ,'o~his ~p~lication, the Building Inspector w~l issued a Build~- Pe~it to th" ' . ': sha~ be kept on the'premises,eye,able for MSp[ction throu~out the work ~ e app~c~t Such pem~t e. No buildNg shall be'od6upied or used in w~ 2_: ..... '. ~ ,.. ;:' ' · . ·, . .u,~ u~ m part ior any~u~osg wnatever until a Ce~ificate of Occup=cy shallhav been ~=ted)y ~ BuildNg InspectOr. c~ .~ .. ~ ,, ,. -~ ~PLiCATION IS HEREBY MADE to the BuildNg Depmmgnt ~o[,[~e :ssuance~of a Bmldtng Pem~t punuant to the Building Zone OrdMance of,the Town of Southold Suffolk Cou-~.,'~i~*.'e~O~:,-' _ .......... ~;;~;~g~}~s'~n;~;5:~7[h~m~si~t~itl~~ or 5.1terations,: or ~j, re~Svil or demg~ion, as hereM deschbed. PP , ord:nances, bufldMe code, housing c~, and regulations, ~d to admit authored Mspecto~ on premises and M buildMg for necessa, inspes~s~ (~ / - (Sigaature of applicant, o; ~g, i~o} '&~ ...... ' , p eon) ' (Mailing address of applicant) · State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumbdr or builder. ': ............ .l ...... ' '" ' ' (as on the tax roil or latest deed) If applicant is a corporation, signature of duly authorized officer. ' (Name and title of corporate officer) Budder s L;cense No ..... ~.~.~ .z~.. ......... Plumber's License No ......................... Electrician's License No ....................... Oth;r_Traae's License No .................... ~ ~:~..~_.~ ~7< 1. Locationoflandonwhichproposedworkwillbedone./.<;~./4-.~,-.~...~.~.../'~ ...t/~...~..~.~,, .,~...,~..~ House Num bet ................................................................ ~treet Hamlet ' Coun Tax Map No. 1000 Section ........ Block Lot Subdivision ..................................... Filed Map No ......... Lot (Name) ..................... 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. ng use and occupancy ................. . b. Intended use and occupancy ...... ~O.~. . 3. Natureofwork c ' ~ ' ' ' ( hecK vnich appli~tble): New Building ........ Addition ........ ration ........ Repair .............. Removal .............. Demolition .............. O (~ / a //4 :~ ther Work .......... 4. Estimate'd Cost .... ~.,/~'O../.g../=t~/'.,~0T~. (Description) ............... / .................... dweiling, number of dTvel'I~ ?' ~.to be paid on filing this application) $. If ng nits ......... Nomber o£dwelling units on each fluor ....... l£gara-e, numberofcars ........................................ .' . . " ' or mixed occupancy, speci ....... ' 6. If business, commercial fy nature and extent of each type o£ use .......... Dimensions ofcxistm~ structures, if any: Front ............... Rear .............. Depth . . ' Height ............... Number of Stories ....... ' ........ Dimensions of same structure with alterations or ad .............................................. Depth ...................... ditions: Front ................. Rear ........ Height ...................... Number of Stories ............ ~ ~ '~ 8. Dimensions of entire new construction: Front ............... Rear ............ Depth Height .; 'b[d~t' Number of Stories ...... 9. sizeoflo: .......... . ....... 10. Date of Purehase ' · ....... Rear ...... Depth ........ 11. Z~en; ~O;oUS:, .... ' :" ':-' ...................... Name oi' Former Owner ................. ' 12. D umr]ct in winch premises are situated .................... · .......... p p ed construction violate any zoning law, ordinance or regu 'i'~ ................. ~i'''~ .... 13. Will lot be regraded .......... lotion: ....................... · ' ~ ............... Will excess fill be removed from premises: Yes N 14. Name of Owner of premises ............... Address ................... Phone No ......... Name of Architect ........... ' ' ' i ' Name of Contractor .. . · ............ Address ................... Phone No ............... ....................... Address ................... Phone No ............ i.. 15.Is this property located within 300 feet of a tidal wetland? *YES...'.N0 .... '*If yes, $outhold Town Trustees Permit may be required. PLOT DIAG tLAM Locate clearly and distinctly all buildings, whether existing or.proposed, and. indicate all set-back dimensions fron property hnes. Give street and block number or description according to deed, and show street names and indicate whethe interior or comer lot. " * APPROVED AS NOTED · oc ow .a "sp cr o s. WITHOUT CERTIFICATE t mo.mm OF OCCuPAtICy 3, INSU~TIO~ e COM~ FOR C.O. ST ~N~B~ FOR OESIGN OR ~~ON ~RO~ STATE OF NE~V ;("~RK · COUNTY OF. ~.. S.S - ' ....... ¢' '~ff'~'''' '~ff'''' -~' .~ bein- du' · (Nameorindividualsigningcor~t;ac'ti ..... ° 'yswom, dep~3~¢;$ isth..a hcant above named ..... _--~~ PP ~tteisthe ............ ~ ..... ' ~ ': ~'~ ........... :2'''~_ · ....... ' '? . ~ ~. ' '., ~ ' _~ . .~ (Contractor, agent, corporate orric~ 'o~; ~ ......."""; .... ~it.I ........ ~ ~gm ?vner or mvners, and is duly authorized to nerform ~-, .... - ..... ' -" . .~? e," it l ,Pp:.tca[~on; that all statements contained in this a--~-,;~- -~' ~jave percnned the said Work ~ndtt6..~.~l worx will be Perfomled in tho m ...... ~q, ,~.,,u. are true to the best of~ knn-,Lx-r2a - ~ .....her set ~ortn m the a heat: , , - ....~= ana oenei, and that the Sworn to before me t~s ..... pp 'on filed therewith. ~ ' ....... ~..day of.. ,19 ~ ff " N'ota~ Pub c ~ - '/' ' / ~ ' ' ~' ,'~' ' ~..' ....... ~.-.~~. County / / / ~, ..." . ~a ~b c,S~N~ . · ........... ~r~ ~ir~ ~ ~1, 1~ ~ =narum o~ appnc~o /~© Pm TOWN OF SOUTHOLD, NEW YORK DEC 9, 1988 AlS'PEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. ~ ~'/~' ' DATE ..D...e..c..~...m~....e.~....2...]r.: 1988 Name of Appellant Street and Number .................. S.a ~.t. hg. lrZ ....................................................... Municipality .~J. ew...Yp~Zk ........ HEREBY APPEAL TO State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..... ..0..Z..7..4:..2...2. ................. DATED$..~.~.~..m..b...e.t¢...~.~.,.....1.9..8...8. ........... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) (x) ( ) Name of Applicant for permit of ..3..5..Q .o.... ~,.~,~.~...~7.~.~. k .. ~,~ ~., ..... $.~.~z.~b,Q ~,~, ~ ........................ ~^.~.,. ....................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ..3.5..0..q...~$p...e.~.e..c...k.....R..o..a..c]..,.~p.g.j;;~Q~,¢-j ................................... Street /Hamlet / Use District on Zoning Map District 1000 Section70 Block 9 Lot 1 Current William E. Park, Jr. and .................................................................................. 0~ner mh~n ~ ~n~k: n~_ Map No. Lot No. Prior Owner Southolcl Development Corp. 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--TT~ Section /~2 ~ ~ ,,~ ~ /) 3. TYPE OF APPEAL Appeal is made herewith {or (please check appropriate box) ( ) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack o~ access (State o~ New York Town Low Chop. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 (x) A VARTAT~C_F. ~eq~:i~d fo~ garage. ~ ~h attache,fl she~. 4. PREVIOUS APPEAL A previous appeal ~l[) (has not) been mode with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was mode in Appeal No ....... mm ..................... Dated ....... .'T,':'. .......................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance (x) A Variance require~] for garage~ with attache~ she~. wi,th attached she?~- is requested for the reason that our garage/encroaches property ~ne on East Si(?.e (Breitstadt Property) by 6 inches, shoul3 be 3 feet, we are 2.5 feet. ~'orrn zB! (Continue on other side) REASON FOR APPEAL Continued ]. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because it would require the removal of our garage, with attached shed. 2. The hardship created is UNIQUE and is not shored by all properties alike in the immediate with attached shed vicinity of this property and in this use district because our garage/encroaches the Breitstadt by 6 inches. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE with attached shed, CHARACTER OF THE DISTRICI because the said garag~has been in existance · or approximately 18 years and we are looking for no structural change. STATE OF NEW yORK ) ) COUNTY OF SUFFOLK ) ss Park) 5ignoture Theresa Park Sworn to this ............. .2..~,~.t, ....................... day of ........ D. ec.er0b, er., ........................... 19 88 FORMER OWNER OWNER RES. TOWN OF SOUTHOLD I~OPERTY RECORD CARD STREET VILLAGE j DISTRICT SUB. E LOT TYPE OF BUILDING Est. Mkt. Value LAND IMP. TOTAL ? 0 0 ,', Z/~ O0 FARM COMM. DATE IND. JCB. J M~SC. ~0 AGE NEW T~able 1 BUJ'LDING CONDITION NOEMAL Acre BELOW Value Per Acre . ABOVE Value FRONTAGE ON WATER FRONTAGE ON ROAD /a~J BULKHEAD Tillable 2 DOCK Tillable 3 Woodland Swampland Brushland House Plot Total M. Bldg. Extension Extension Extension Breezeway Garage ? : '7~/~'¥~i Foundat on I Basement Ext. Walls Fire Place Patio Driveway ~''l ~ ,d ,ill ~', ' I Interior Finish Po~h i R~f T~e Po~h ~R~ 1st Flor R~ms 2nd Flor ~Dormer I ~ PiNE NECK ROAO ~ ,,. ,7. ~., SURVEY OF PROPERTY TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. 1000 - 70 - 09 - 01 Scale I" = 30' Aug. 11, 1988 C~R~FIED TO~ ~.,...,.~'"e~'SOUTHOLD SAV~GS BANK ~LL~M ~ PARK, Jr. THERESA PARK ~ n RS, ~OUTHOLD, N.Y. 11971 L/C. NO. 4966R .... , ., 88- 512 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR, JOSEPH H. SAWICKI JAMES DINIZIO, JR. Southold Town Board of Appeals NAIN RDAD- STATE RI'lAD 2.5 SDUTHE]LD, L.I., N.Y. llg?l TELEPHONE (516) 765 1809 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: × Variance from the Zoning Code, Article III, Section 100-32 Variance from Determination of South61d Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 3816 Applicant: William & Theresa Park Location of Affected Land: W/s Bennett Lane & S/s Pine Neck Rd., County Tax Map Item No.: 1000- 70-9-1 Within 500 feet of: Town or Village Boundary Line 'Southold,NY X Body of Water (8ay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area Land Existing or Proposed Right-of Way of Any Stream Owned by the County or for Which The County Has Lines, or Within One Within One COMMENTS: Applicant is building with insufficient setbacks or Drainage Channel Established Channel Mile of a Nuclear Power Plant Mile of An Airport. approval requesting ~k~k~xk~ of addition to accessory from property lines tr Copies of Town file and related documents enclosed for your review. Dated: January 24, 1989 JUDITH T, TERRY TO~N CLERK REGISTRAR OF VITAL STAT[ST]CS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Dated: December 22, 1988 Transmitted herewith is Zoning Appeal NO. 3816 , application of William E. and Theresa Park, Jr. 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 Southold Town Clerk List of Mailing Notice of Hearings for 1/12/89 .Southold Town Board of Appeals Copies to the following on or about January 3, 1989: Environment East, Inc., 3075 Indian Neck Lane, Peconic, NY 11958 for Stephen and Donna Grzesik. J. Kevin McLaughlin, Esq., 828 Front Street, Box 803, Greenport, NY 11944, for Anthony and Rosemary Bolletino. Mrs. Doris K. Brown, Box 915, Bergen Avenue, Mattituck, NY 11952 Mr. Joseph Brown, 536 East 15th St, Apt. 4, NY, NY 10028 ~Mr. and Mrs. William E. Park, Jr. 3500 Pine Neck Road, Southold, NY 11971 Mr. and Mrs. Gunther Stotzky 110 Bleecker Street, New York, NY 10012 Mr. Howard Tudisco, Gray Construction Corp. (picked up in person on 1/3/89) Mr. Howard Lucas, 437 Second Avenue, East Northport, (by mail) NY 11731 Ms. Terry S. Gingras, Office Manager, for P. & J. Steil Metcalfe and Thorne, Inc., 150 Main Street, Northampton, Massachusetts 01060 Mr. Warren A. Sambach, Sr., Box 1033, Cox Lane, Cutchogue, NY 11935 for Alfred Falkowski Rudolph H. Bruer, Esq., Main Road, Southold, NY 11971 as Attorney for: Ryck Koke Doris Price Moeller Foster Joseph and Betty Hardy Karen J. Stretz, Esq. for William J. Baxter, Jr. Wickham, Wickham & Bressler, P.C., Main Road P.O. Box 1424, Mattituck, NY 11952 Richard F. Lark, Esq. for F.I. Utility Company, Inc. Main Road, Box 973, Cutchogue, NY 11935 Suffolk Times, Inc. L.I. Traveler-Watchman Town Clerk Bulletin Board (Main Lobby)ZBA Office Bulletin Board ZBA Board Members (with file copies) · PROPER T Y ~' ' A T SOUTHOLD --~"-t_._. SUFFOLK COUNTY, ~ ~ ~ 1000 ' ZO - O9 - 01 Aug. 11, 1988 CERTIFIED TO~ SOUTHOLD SA VINGS BANK WILLIAM E, PARK~ Jr, THERESA PARK Prepared tn accordance wllh fha minimum slandards for lille surveys as ealablishad t~y tho LJ.A.L.$, and approved and adopled for such use by The New York ~lole Land T#le A~soclatl&n. ~~'~ p_~('S' LI ';OUTHOLD, IV. ¥. 11.971 Southold Town Board of Appeals MAIN RrlAD- BTATE RnAD 25 5rIUTHrlLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS January 12, 1989 GERARD P. GOEHRINGER, CHAIRMAN S .E · Q . R .A . CHARLES GRIGONIS, JR. SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Significance James Dinizio, Jr. APPEAL NO.: 3816 PROJECT NAME: WILLIAM AND THERESA PARK This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a sig~]ifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] Exempt DESCRIPTION OF ACTION: Approval of addition to accessory building with insufficient setbacks from property lines. LOCATION OF PROJECT: Town of Southo!d, County of, Suffolk, more particularly knQwn as: W/s of Bennett Lane and S/s of Pine Neck Road., Southold, NY 70-9-1 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The land area in question is not located within 300 feet of tidal wetlands or other critical environmental area. (3) The relief requested is a setback_ variance as regulated by secti aR6 . 6 NYC R, · ER INFOR/~%TION, PLEASE CONTACT: Linda Kowals~i, Secretary, Southold Town Board of Appeals,.Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. mc · DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE 360-5206 LEE E. KOPPELNIAN January 26, 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 Comission 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) Stephen & Donna Grzesik ~william Baxter, Jr. illiam & Theresa Park Gunther & Kayla Stotzky 3809 3810 3816 3820 Very truly yours, Arthur H. Kunz Acting Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL ..... . . . . : : .... PLEASE TAKE NOTICL~that your application dated...,. ~:../..~. ........... 19..~.. for pe~i~ ....... ~.. ~..~..~. ~~ .... at Location of ~operty ~s~ ~ ...... /. ~... ~~ .~ ...... ~m~ County Tax Map No. 1000 Section ..... ~.~ ...... Block .... ~ ....... Lot ... ~ ........ Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds.. ~.~~.~ ..~... ~.~..~~ .~..~..~ ~~..~.. .... X~ ~4.: ~ ................................................... RV 1/80 PROJECT i.D. NUMBER ~' 1 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM ' For UNLISTED ACTIONS Ooly PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPUCAN:~/~ 2. PROJE4~.T NAME WILLIAM E. & THERESA PA~m JR* ' -- Mumcmal!~ 3~00 Pine Neck Rd,Sou~hold Cou.~ Suffolk 3500 Pine Neck Road, Southold,NY SEQR 5. IS PROPOSED ACTION: D New [-1Ex=ansmn C~] Meeiflcat/onlalterat/on 6. ~ISE PROJECT ERIEFLY: Variance for garage, shed attached. T. AMOUNT OF LAND AFFECTED: Initially 6 iRches Ultimately acres WIlL PROPOSED ACTION COMPLy WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes i~ NO II NO, describe briefly reason ~or applying for variance appeal. 9. WHAT l$ f'~'~ENT LAND USE IN VICINITY OF PROJECT? Residential [] industrial ~ Commercial Describe: [] Agricullure [] Park/Forest/Open sluice [] Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERA~ STATE OR LOCAL)? [] Yes ~-~ No I! yes, list egen~y(s) and permit/apprOvals 1 !. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes ~] No If yes, list agency name and permit/apprOval 12. AS A RESULT OF PROPOSED ACTION WILL EXIBTING PERMITIAPPROVAL REQUIRE MODIFICATION? D Y,, [] No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicanl/~ll~.'tsma: William E~ & Theresa ~a~, jr. t the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 (Continued on reverse side) The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will be made by this board before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FOPS! INSTRUCTIONS: (a) In--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 additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered NO it is likely that the project is not significant. (d} E~vironmentaI Assessment 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? Yes ][ NO 2. Will there be a major change to any unique or unusual land form on the site? Yes ~' No 3. Will project alter or have a large effect on an existing body of water? Yes if NO 4. Will project have a potentially large, impact on groundwater quality? . Yes ~_~_No 5. Will project significantly effect drainage flow on adjacent sites? · Yes if No 6. Will project affect any threatened or endangered plant or animal species? Yes ~{ No 7. Will project result in a major adverse effect on air quality? Yes X NO 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? Yes X NO 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical envircnmental area by a local agency? .~Yes ~ No 10. Will project have a major effect on existing or future recreational opportunities? . Yes ll. Will project result in major traffic problems or cause a major effect to existing transportation systems? Yes X No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? .,, Yes ~_~_No 13. Will project have any impact on public health or safety? Yes X No 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year Yes ~ No period or have a major negative effect on the charact~ of the community or neighborhood? 15. Is there public controversy COncemning the project? ~% ^ /~ // ' ~es _,~NO Representing: _ ZBA ~/75 Date: FORM NO. 6 TOWN OF SOUTHOLD Building Department Town Hall Southold, N.Y. 11971 765 - 1802 APPLICATION FOR CERTIFICATE OF OCCUPANCY Instructions A. This application must be filled in typewriter OR ink, and submitted m ~ to the Building Inspec- tor with the following; for new buildings or new use: 1. Final survey of property with accurate location of all buildings, property lines, streets, and unusual natural or topographic features. 2. Final approval of Health Dept. of water supply and sewerage disposal-(S-9 form or equal). 3. Approval of electrical installation from Board of Fire Underwriters. 4. Commercial buildings, Industrial buildings, Multiple Residences and similar buildings and installa- tions, a certificate of Code compliance from the Architect or Engineer responsible for the building· 5. Submit Planning Board approval of completed site plan requirements where applicable· B. For existing buildings (prior to April 1957), Non-conforming uses, or buildings and "pre-ex[sting" land uses: 1. Accurate survey of p~operty showing all property lines, streets, buildings and unusual natural or topographic features· 2.Sworn statement of owner or previous owner as to use, occupancy and condition of buildings· 3. Date of any housing code or safety inspection of buildings or premises, or other pertinent informa- tion required to prepare a certificate. C. Fees: Additions $25.00 POOLS $25.00 ALTERATION $25.00 1. Certificate of occupancy New Dwelling $25.Q0, Accessory '$10.00 Business $50.00 2. Certificate of occupancy on pre-existing dwelling $ 50.00 3- Copy of certificate of occupancy $ 5.00, over 5 )'ears $10 00 4.Vacant Land C.O. $ 20.00 ' 5.Updated C.O. $ 50.00 Date ..... New C on s t r u c t i on ...... Old or Pre-ex [sting Bu ilding ............ Vacant Land ........... O' 0_4.. i. ' Location of Property .. ..~.. ~ ~o.~ ..................... Owner or Owners of Property ~.. .~ .......... · County Tax Map No. 1000 Section ..... '~ ..0 ....... Block .... · . Lot. . Subdivision ................................. Filed Map No ........... Lot No .............. Permit No ........... Date of Permit .......... Applicant ............ . ....... Health Dept. Approval ........................ Labor Dept. Approval ................. · Underwriters Approval ........................ Planning Board Approval Request for Temporary Cer]:Jficate ..................... Final Certificate Fee Submitted $ ............................. Construction on above described building and permit meets all applicable codes and regulations. Applicant .................................................... Rev. 10-I0-7e j,_ 765-1~02 BUILDING DEPT. INSPECTION FOUNDATION 1ST [ ] ROUGH PLBG. FOUNDATION 2ND [ ] INSULATION I' ] FRAMING [~FINAL REMARKS: DATE 017422 Z ISSUED TO ~~,~='~~~ DATE~ ADDRESS This notice must be displayed during construction and returned to Building Dept. to get a certificate of occupancy upon completion of work. '~' BUILDING INSPECTOR'S OFFICE, TOWN OF SOUTHOLD SOUTHOLD, N.Y. dN.~'.B.T.U. Form ~007'11 M-BarsanandSaleDeed witbCovenant asanstGtan ~ - ndivdua ~Cor~ra on CONSULT YOUR ~WYER BEFO~ SIGNING THIS INSTRUM~--THIS INST~M~T SHO~ BE USED BY ~ERS ONLY. TH~ IND~ made the ,/~ ~y of J~U~US t , uineteen hundr~ ~d s ix ~-one ~ BE~ 30¥T~3LD DE~LOP~i.~'? ~OVPOR~Oi'T~ a co~poratlon o~anized and e:istin~ unde~ and by virtue of the Laws of the State of iIew Yo~k, havin~ its orincioal office and p~ce of business at Southold, Suffolk County, ~w York, party of the first part, and '" '~'~ ~ " ?A~d{, his wife, as tsnants by the · ILLI~ .~. PA.:K~ d~_.., mad ~E?-~ESL :~ entirety, both residin~ at Main Road, Peconic, Suffolk County, ITew York, party of the second part, ~fl'l~F~$L"rl-l, that the party of the first part, in consideration of .......................... ~3T ( ?lO · ) ....... ' ................. dollars, lawful money of the United States, and other good ~ud valuable consideration, pa~d by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ~LL that tract or parcel of land situate, lyin~ and being at Southold, in the Town of Southold, County of Suffolk and State of i, Tew York, bounded and described as follows: BEGIk~NI}~G at a point marked by a ~onument on the southerly line of Pine Neck Road at the northwesterly corner of land of Breitstadt and the northeasterly co_~ner of lmud of the Seller; from said point of beginning runnin~ alon,? said southerly line of Pine Heck Road, North 83 degrees ~7 minutes l0 seconds West a distance of 160.29 feet to the easterly line of a proposed 50 foot highway to be known as "Bennetts Lane"; runnin~ thence alon< said easterly line of said pro- posed 50 foot highway, South 9 degrees 40 minutes 40 seconds West a distance of 120.0 feet; rtmning thence along other land of the Seller South ~0 degrees 19 minutes 20 seconds East a distance of 160.0 feet to said land of Breitstadt; runnin~ thence along said land of Breit- stadt ~orth 9 degrees 40 minutes 40 seconds East a distazrce of 129.68 feet to the ooint or olace of beginning. TOGET~W~E with the right to the use of a right of way (in coreaon with others) over said proposed 50 foot highway to be known as "Bennetts Lane" from the southwesterly corner of the premises northerly about 120 feet to Pine i~eck Mead. Seservin~, however, to the Seller, its successors and assigns, the right to dedicate said right of way to the Town of Southold as a oublic highway, and the Purchasers, by accep- tance o£ this Deed do hereby consent to such dedication and do hereby release t~e said Town of Southold from any liability for damages occas- ioned by ~eason of said dedication and acceotance of said right of way as a public highway. SI~J~CT to the Covenants and restrictions set forth in nSCHEDULE A." ~ttached hereto and made a part he~eof. S C lW~,DULE "A". C0~?.¥~:%J~$ ~'~JU) ~EZ'~'~ICTIO~'S- u a5034 1. That only one dwe!linM house, for private residential purposes, and a private ~arage, for fsr~ily use, shall be built on any lot. ~o tra~lers, tents, outhouses or c~moin? shall be permitted and no occupancy of any such dWellin~ ho~se shall be permitted until the outside and roof shall be fully and completely finished and painted. 2. Buildings are to be erected on closed foundations of poured con- crete, cement blocks or brick, excepti%~ porches which ~ay be erected on piers or posts. 3. That no dwelling house, exclusive of ~ara~e, shall be erected or constructed on any lot, which shall contain less than 900 square feet on the ground floor (or not less than 800 square feet of livable area on first floor of l-l/2 story or 2 story house). No flat roofs or lean-to roofs shall be ~ermitted without written ~e~mtssion of the parties of the first oart. All plans and spe- cifications shall be subject to the snoroval of the party of the first part, in ~r~ttng. Such written approval shall not be un- reasonably wlthh~ld. ?lans to be submitted at the office of Smith ~ Sons, Inc., Main St., Southold, N.Y. ~. That neither the party of ~he secon:~ part nor his ~r her heirs, assigns, or distributees shall or will manufacture, or sell, or cause or permit to be manufactured or sold, on any portion of the premises hereby conveyed, any ~oo~Is or merchandise of any kind and ~hall not carry on, or permit to be carried on, on any part of said premises, any business, except professional, or any boarding house. 5. No nuisance and noises of ~%y kind, unwholesome andoffensive to the neighborhood, shall be permitted to oxist on aay lot, nor shall any accumulations of rubbish, garbage, 3u~ or materials of any kin~l be permitte~l to remain ou any lot. No advertising signs, billboard,s or other sign devices shall be permitted on ~uy lot, exceotLn? a developer's si~n or a "For Sale" or "For Rent" sign of reasonable dimensions. Lot owners shall cut t~e grass and keep the appearance of the lots in accordance with the standards of the' c~r~,~unlty, professional signs p~itted. 6. i~o fowl, poultry, animals or livestock shall be kept on any of the lots, except domestio household pets. No ~utside clothes lines shall be permitted except circular umbrella type clothes dryers or two "T" posts set not more than 30 ft. apart with lines strung between. Said clothes dryers or lines shall be permitted in rear yards only. 7. There shall be no outside toilets or outhouses erected upon any lot. An adequate septic ta~{ or cesspool shall be erected and ~aintained to take care of the sewage disposal at each dwellin~ erected upon an? lot, and the s~.~e shall be of such design and construction as may be aopro4ed by the Suffolk County Health Department. 8. Each lot shall be subject to electric, electric light, Zas and telephone easements on the surface or below the surface alon?~ the road"or lane adjacent to each lot. 9. No sand, earth or sod shall be removed from the premises, or ex- cavation be allowed to remain open thereon, except as may be nece- ssary at such times as buil~iin~ or landscaping operation are in ~rogress. 10.No he:~e or fences shall be allowed to be constructed over four (4-) feet in height nor shall any solid board fences be permitted. ll. That the said cowenants are hereby declared to be covenants attac~ed to and runnin-' %~ith the land. The said covenants and ~.estrictions may oe released or altered by the parties of the first part. The said covenants QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED YOUR APPLICATION FOiU,iS TO Tile BOARD OF APPEALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch), to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours? ~9~ No 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.) b)Are there any areas open to a waterway without bulkhead? ~ No ~ No 3. Are there existing structures at or below ground level, such as patios, foundations, etc? 4. Are there any existing or proposed fences, cuncrete barriers, decks, etc? ~ No Se If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground level? State total: ft. X~ No If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total: ' ft. ~ NO 7. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. ~ No Are there any building permits pending on this parcel (or abutting land under your ownership, if any)? State Permit ~ and Nature: X~ No Do state whether or not applications ar~ 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 ~ No No No No No No No 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from cQntract) 11. Is new construction proposed in the area of contours at 5 feet or less as exists? ~9~x No X~ No 12. If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have you made app%ication to the Town Trustees for an 'inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? x~s No 13. Please list present use or operations conducted upon the subject property at this time ]Private ~qwelli]q. and proposed -- Please submit photographs hor tl~e record. I certify that the above statements are true and are being submitted for reliance by the Board of Appeals in considering my application. Signature (Property Owner) (Authorized Agent) 1/88 WETLANDs [Amended H-26-76 by L.L. No. 2-1976: 3-2G- 85 by L.L. No. 6-19S5]: A. TIDAL WETLANDS: (1) All lands generally covered or in~rmittently c~v- ered ~vith, or which bord,.r on, tidal waters, or lands ' lying beneath tidal water~, which at mean Iow tide . are covered by tidal waters to a maximum depth of five (5) feet. inehlding but not limited ~ banks. bogs. salt marsh. Swamps. mca( ows flats or Other Iow lying land~ subject to tidal action: (2) All banks, bogs. meadows, flats and tidal marsh subject ~ such tides and upon which grows or may grow some or any of the following: salt hay, black grass, saltwort, sea lavender, tall cordgrass, high bush. cattails, groundsel, marshmallow and low march eordgrass; and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection At2) and lying w/thin seven. ty-five (75) feet lamlward of the most landward edge of such a tklal wetland. FRESItWATER WETLANDS: (i) "Freshwa~r wetlands" as defined in Article 2,1. Ti- tle 1. ~ 24-0107, Subdivisions l(a) ~ l(d) inclusive, of the Environmen~l Conservation Law of the Sta~ of New York: and (2) All land immediately adjacent to a "freshwater xvet- land," as defined in Subsection BiD and lying w/th- in Seventy-five (75) feet landward of the most land. ward edge fa freshwater wetland." 9705 2.2S-s5 Meeting Date: Jan. 12, 1989 Appeal No. 3816 Members Absent, if any: Applicants:William & Theresa Park Relief requested and [~ocation: Addition to accessory building with insufficient setbacks from property lines Pine Neck Rd. Charles Southold Grigonis 70-9-1 Resolution made by: Seconded by: Serge James Gerard Joseph Doyen Dinizio, Jr .Goeh ringer Sawicki [ ) ( ) ( ) ( ) ( ( ) { ) ( ) ( ) ( ACTION: ( ) Approve as applied ( ) Deny as applied ( ) Deny without prejudice ( ) Deny ( ( Subject to County Planning Referral Subject to Planning Board approval Subject to D.E.C. ¥;ithdrawn %%'ithout Prejudice as requested Approve with the following Conditions: [I] [2] -[3] [4] ( (x) NOTES: [ ] Special Exception criteria appli~0f two Prior application conditions applical[ This Variance is temporary for a maximum period years, EXCEPT [ ] where the proposed subdivision has been finalized by all agencies and the parcels have been transferred by deed or other legal conveyance to reflect the subdivi- sion lines accordingly. a building permit has been properly issued and construction commenced within this limited two-year period. VOTE OF THE BOARD: Ayes: ( ) CG ( ) SD ( ) RD ( ) GG ( ) JS Nays: ( ) CG ( ) SD ( ) RD ( ) GG ( ) JS Abstain: ( ) CG ( ) SD ( ) RD ( ) GG ( ) JS Absent: ( ) CG ( ) SD ( ) RD ( ) GG ( ) JS Resolution was passed: ( ) unanimously Resolution was not passed: ( ). This application was recessed until ( ) by majority vote PINE NECK ROAD SURVEY OF PR OPER T Y A T SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y. 1000 - 70- 09- 01 Scale 1" = 30' Aug. 11, 1988 CERTIFIED TO~ SOUTHOLD SA VINGS BANK WILLIAM E. PARK, Jr. THERESA PARK Prepared in accordance with the m~#imum standards for Iftle surveys ae salahlluhad by the L,I~.L.S. and ~pro~d and odopled for such use by The New York ~lote Land Tllle A~socletl~n. LIC. NO. 4966~ Po Co 88- 512 CONSULT YOUR LAWYEI~ BEFORE SIGN~I~G ~ttlS INSTRUMENT--THIS INSTRUMENT SHOULD BE USED BY LAWYERS BE~ S2,7~:*)Lr DEVELOP~iF~ ;O~PORA'XON, a co~povat~on or"anlzcd and ezisti.~ untio~ and~:~-v[rtue,.or the Laws of the State of York, havin~ its or[no~l - ' ~F~ office and p~ce of business a~ S=rrolk County, ~Tew ~0~ lmrty of the first part, and '.dlLLIA.U r.;. PA '~ JRt. 84~r~RESA ~*.f. PA~, h~s wifo~ tenants by entirety, both reatdl~}~~conlc a~ Yo~k, ,~;~, ~ , Suffolk County, party o£ tile ~econd part, WITN~TH, that tile ,, arh itl cotlsideratioa O[ ' of the Unhed Slate~ hy the party of the second part, does successors and assigns of the part)' o[ grant an[J l'elea~e unto tile party o~ the second par~, the heirs or part, forever, ALL that tract or Southold, in the Town New York, bounded BEGII~NING at a of Pine Neck Road at and the northeasterly ¢ DP beginning running North 83 degrees 47 to the easterly li~le' l'Bennet ts Lane"; posed ~0 foot hi~hway, distance of 120.0 feetI South 80 degrees 19 to said land of Sre£te~ etadt North 9 d~,rees feet to the poin~ Or land'situate, lying end'being a~ outhold, County of Suffo~ and State of ribed as follows: ., ~:by a monument on-the southerly line ~terly corner of l~nd of Breltstad~ er of ~and of:the Seller, from said point said southerly llne of Pigs Hock Road, s 10 seconds West a dlsta~co of 160.~ foci ed 50 foot h~ghway to be known as hence 81one s&ld easterly llne of said pro- 9 degrees 40 minutes 40 seconds West a $hence along other land of ~he Selle~ 20 seconds East a distance of lbO.0 feet thence along said land of Drei~- seconds East a distance of 129.0 of beginning. TOGDTHE~ with the l'&ght ~:o the use of a ~lght of way (*r~ ~,v,~ith others) over said ~Ooosed ~0 foot hi~hu~v to b~ ~-~o ~ennetts Lane" r~om th~ :~uthwe,terly oor~er ~f t~'-XI~Z-~° ,, , aoout 120 Feet to Pine ~o*$k Road,~ Rose~vin~, howovo~ to the its succes~ops and assl~$~, the ~ight to dedlcage sa - ,, J' ' ~ce o_ ~nls Deed ~o hereby consent to such dedication and ~o release t~e said Town O~ $out'eold from ioned by reason of sal{[d~dlcat~on and ~Y liability for d~m.~ ,,~ ,~: as a public highway. ~:~[% acceptance of said ri,-ht ~1 .. S~.~CT to the Covt ~$nts and'restrictions set forth in A.n attached hereto an~ ~$de a p~rt he,of. ~ ~:*nt 3n17 one dwelltn~ h~use, for private ~ntfal r~urposes, '' -] ~ ~ ere ~a~'e~e fo~ f&mtly u~e~ shall~ built o~ 8n~ lot, ........ ' - ' .... ~-~1 be fully and co~Xstely % ~q * n-s ~e to be e~*tc~ on closed foun~:~ons crete, c3.'..ont blocks or brick, exceDtinE p¢~es whO. ch nay be ~ c~nstr-uc-.~ on any lot, ~'-ch shall contai~:~ss t]'m~ 900 square . . ..... ~ e~.,,, (~ not le~s t~an ~00 square Sect of 'ret on . e , ro~,..,f~; ~ ¢ . ~/~ .~.,.,~0~ P stor~ house), l,~o ,~ .... '~'- of t%e *~*t~s ~f the fi~'si' oartiL[?ll pi'ms an~. spe- ~f~icct.'.ous shell be sub?ct to the eoorov~l~[of the p~:'ty of the ~.~ ...... + ~,* ,,~ttn~. Sl~ch wPitteh sDprOqa~ shall mot be un- cause ur oer*~it to be m~nufsc~-ured or ~o!-, o~:<~y por::ion of the oremiseo ~'~b~' conveyed, an7 ~ooqS o~ ~erchan~e of any ~nd and · ' unwholesome an ~of 'onsive 5. ]'To nuls~nce and noises of .thy kind~ to e. be neichbo~hood.~ s'~.~,!l be permitted tO;~l.t: o:~ a:~y lot, nor shall any sccumulations )f rubb:~ sh~ uarba~eJ unl{ or materials of any kiul be oermitte'i to ~.emain on any lo billbo?,rds o~ other si~n devices shall be exceotLn~ a developer'~ si%~ or a ."For reasonable dimensions. Lot owners 2hall c~ sooea-.ance of the lots in accordanee wit~ c~-:.*unity, professional si6ns pe~tted. Up fowl, poultry, anb,:aIs o~ lfve~%ock lots, except d. omsstio household oe~ts, No be permitted except circul,~ umb~'~la "m""'~osts set not more than 30 ftC~, apart s~id clotkes d~yers or lines shall' be There shall be no outsi0e toilet~or An adequate septic tank or ce~soOdl shal~ advort! sin signs, ;to i on sr,7 lot, :or "~or ]Lent~' sign of %be grass ,~nd keep the stan~lar~s of the be kept on a~y of the clothes lines shall Lothes dryers or two lines strunq~ between, %~d in rear yards only. 8'Teote~ ~o~ ~ny lot. . ePected and' :~tatntained to take care Of the sews~'e diSpoSal at e~ lint erected upon s.n lo~, and the s~r!e s~all b? O_£]S~ch ~Ud construction ~s may be anOro~led by the cuff elk county Department. Esoh lo~ shall be subject to eleeJric, e~J~(tr~c lz.~h:., m~s ~nd telephone easements on the surfaC~ or be~:'the surface alon3 the ~o~ or lane adjacent to each lot~ 9. ;,fo sn'~l, earth or SOd shrill be re~Oved c~w~ti~n be allowed 1:o remain open there s.~ary ~t such times as builqfu~ OP 10. 7o h~~ o or fences shsll be allowed to (h) :'~,~' in hei~ht nor shell any,~oltd ]1, mhvt ~:~a ssid co-~t~s.n s are ' ~ 17~ ~. The ssi .1 ' .~-~ ' by t',; .*arties of~tne Ooep'~ttion ere in .nstruote.a ow;r 'four fences be permitted. to be c~ven~;nts attaohed and ~estrictions may be ?art. T',::~ sald covenants ........ IIIIIIIlll ......... -- IIIIII - IIIIIIIIII II1! I Mil I,,111 1, TOGETHER whh all right, titl~jag.d~ , interest, if any, of the party, of the first part in anti to any strcvts ;mi roads abntting the above describecl ~remises to the center lines thereof, TOGETHER with the appurtes~,0.c4:li..: and all the estate and rights of the party of the first part in and :,, said premises, ~ TO HAVE ~i'D TO HOLD thc Eremises herein granted unto the party of the second pan, Ibc hclrs ~I successors and assigns of the par~y 9f the second part forever. AND the party of the first part ~Ov~nants that the party of the first part has not done or suffered whereby the said premises have ~ell incmnhered in any way whatever, except aa aforesaid. AND the party of the first part,.tg',,,~nlpliance xvitb Sectioll 13 of the Lien Lalv, ~venants ti:at tM. l,.tr:, the first part will receive the consideration for thi~ conveyance a: d w I hold thar' .' , ........ :ns, mn~ to oe apph~ ~$t for the purpose of paying the cost of the improvement aml x~ill .,, the ~ame first to the payment of ~: g~$t of the improvement before using any part of the total of thc ~:m. any other purpose. ~r~rty" shall be constr,~{~.~S if it read "parties" whenever the sense of this hldenmre ~u WH~EOF~ the p~t~f the first Part has du y execu ed tlfis deed the day a~ d 'car irt wri~en, . ~ 3 : .:.: . S2'A~[~ 'Z;' ~2~i kDF~) (Daniel TZ Smith) ~ TveaSffr~r2 On the / ~ day o~ ~ , S~- m~ . , ~ . ~gust, 19ol, helots, mo personally c&.~ ¢?r~mj t~ ~(~ known, M~o, being by mo ~uly sworn, did deoose ~ ... rna~ ne ~esldes at ~o~thold, Suffolk Count New ~ ~. ',- Treasurer of S0 ,~r.~'~:,~r ~,.~,~ ~.~..~, . .~.. YOrX, tabu ~.~ .......... u wn~cn,o~OCuted the foregoin,: instv~ent;-tLat h.~ the se~l oz' said co~atlon; that ~ seal affixed to saiu . . i~ such corporate sOal$ ~at ~t was so affixed h~ ~r,,~ e )')"t' ' ~ ~}~ecto~]s oz said~O~rporat~on, and that he ~ig~u his n'.~:e Dy like O~uop. ' .... Notary RECORDEQ AUG 1981 Clerk of Suffolk Couflly BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter ot the Petition of WILLIAM E. & THERESA PARK, JR. to the Board of Appeals of the Town of Southold TO: CHARLES P. BREITSTADT 7810 Se~don Drive Dublin, Ohio 43017 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 ~arianc~(Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subiect of the Petition is located adjacent to your property and is des- cribed as follows: 3500 Pine Neck Road, So~hold, New York (1000-70-09 ~01) 3. That the property which is the subject of such Petition is located in,he folio.wing zoning district: 4. That by such Petition. the undersigned will request the following relief: Variance required for qaraqe with attached she~ which encroaches on the east by 6 inches. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article ~ Sect/on /o ~ - 3 ~- f~ [ ] 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 5outhold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveter-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:Williara Eo & Theresa Post Office Address 3~n~ I in~ ~o~k Road Tel. N0. (516) 765-3~0 Park [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NAMI~ Charles P. ~3reits tac~ t PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS 7~10 Se~¢]on Drive, Dublin, Ohio 43017 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: WILLIAPl E. & ~IERESA PAR}(, JR, , residing at 3500 Pine Neck Roa'],Southol(]¢~7.Y. 1197 1 , being duly sworn, deposes and says that on the . .2~_ _ day of ~r,~,~¼~:w ~ ,19 R8 , 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 ~] ~h~l-~: ?~_~'_ ; that said Notices were mailed to each of said persons by (certified) l~l'R~Rr~) mail. Sworn to before me this~ ~, day of n~rnm~r ~r_ .19 R~ ~ot~r~ Public J. KH'MER .,. i:..!,:at~ d Hew York :!, (This side does not have to be completed on form transmitted to adjoining property owners.) Southolcl Town Board of Appeals MAIN ROAD- STATE RriAD 25 SnUTHOLD, L.I., N.Y. llg?l TELEPHONE (516) 765 1809 APPEALS BOARD rvlEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. - Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Legal Notices NOTIC~ HEARINGS NOTICE IS HEREBY GIVEN. pursuant to Section 267 of thc Town Law and thc Code of the Town of Southold, the following hearings will bc held by the SOUTHOLD TOW~ BOARD OF APPEALS at a Regular Meeting, at the Sonthold Town HaH, Main Road, Southold, NY 11971, on THURSDAY, JANUARY 12, 1989, at the foBowing thncs: 7:32 p.m. AppL No, 3g09 -- S'fEPHI~ AND DONNA GP, ZESIK. Variance to the Zoning Ordinance, Article I~, Section 100-31, for arty: 62215 (309) North Road~ Oreeapert, NY; County Tax Map 1, Lot3. sum(s) in the frontyaid at~a. Loca- (#16705) Main Road, East Marion, the Zeoins Oi~inance~ A~cle HI, arty: Private Right-of-Way located 7:43 p.m. Appl. No, ~ato --~ from property lines. Location of Property: Westerly Side of Bennett Location of Property: East Side of Section 35, Binck 6, Lot 33. 7:53 p.m. AppL No. 3802 -- HOWARD LUCAS/ALICE HUSSI~ Speciai Exception to the Zoaing lhh car dealers~~ 'and sign) in this B-I Gene,~~ usiness Zone Distric! Location of Property: West Side of Horton's Lane, Southold, NY; County Tax Map District 1000, Section 59, Block 3, Lot 32.1. 8:00 p.m. App1. No. 3912 -- PETER AND IANICE STEIL. Vail- the Zoning Ordinance, Article IX, Industrial Zone District with an cation of Property: 8595 Cox Lane l~, Lot 20.~. 5: (a) ^ppl. No. 3747 -- Special Co) AppI, No. 3746 -- Vailancc g:25 p.m. Appl. No. 3810 -- WH.L~AM L BAXTER, ~R. Special Exception to the Zoning Ordi- 100-70B for permission to estab- assembly and manufactore ot elsa- STATE OF NEW YO~IK) ) SS: COUNTY OF SUFFOLK} Christina Contento of MatUtuek, said County, being duly sworn, says that he/she is Princlp= Clerk of THE SUFFOLK TIMES, a Weekly #ewspape published at Mattituck, in the Town of Southold, County ~ Suffolk and State of New York, and that the Notice of whic the annexed is a printed copy, has been regularly published h said Newspaper once each week for_ 1 week~ successively, commencing on the ~ _ day o __ Janu____a r y_ ~9_~_ / ~, .~ Principal Clerk NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuam to Section 26'7 of the Town La'0. 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 Soulhold Town Hall, Main Road, Southold, N.Y. 11971, on THURSDAY, JANUARY 12, 1989, al the tbllowing times: 7:32 p.m. Appl. No. 3809 STEPHEN AND DONNA GRZESIK. Variance to the Zon- ing Ordinance, Article I11, Sec- tion 100-31, for permission to construct addition to dwelling ,,.ith an insufficient rearyard set- back. Location of Property: 62215 (309) North Road, Green- port, N.Y.; Counly Tax Map Dis- tricl 1000, Section 40, Block 1, Lot 3. 7:35 p.m. Appl. Nb. 3810- ANTHONY AND ROSE- · '~ & RY BOLL ETI NO. Variance ting Ordinance, Atti- Section 100-32 for per- mi:, ,ton to locate accessory ten- r, is court, s,,,imming pool, and llmce euclosure{s) in the fiont- yard al-ea. Localion of Proper- iF: North Side /#167051 Main Road, Icasl Mar/on, N.V.; Coun- t5 Tax Map District 1000, Sec- lion 23, Block I~ lot 14.6. 7:38 p.nl Appl. No. 3817- DORIS K. BROWN. gariance to file Zoning Ordinance, Al'li- cit. III. Section 100-32 Ii:,r per- mission to locate accessory building in lbo frontyard area. location of Property: Private Right-o£-Way located off the north side or Bergen Avenue, Mattituck, N.Y.; County Tax Map District 1000, Section 112, Block I, Lot 17. j~7:43 p.m. Appl. No. 3816~ /WII.LIAM AND THERESA ] PARK. Variance to the Zoning Ordinance. Article Ill, Section 100-32, for approval o f addition lo accessory building with insuf- ficient setbacks ['rom properly lines. Location of Property: Westerly side of Bennett Lane and the South side of Pine Neck Road, Southold, N.Y.; County Tax Map District 1000, Section 70, Block 9, Lol 1. ~ ~ 7:48 p.m. Appl. No. 3820-- GUNTHER AND KAYLA STOTZKY. Variance to the Zon- ing Ordinance, Article II1, Sec- tion 100-31, I~r permission to conslruct addid6n at rear of exisdng dwelling with an insuf- ficient rearyard setback. Loca- tion of Property: East Side of Osprey Nest Road, Greenporl, N.Y.; County Tax Map District 1000, Sec. 35, Block 6, Lot 33. 7:53 p.m. Appl. No. 3802-- HOWARD I. UCAS/ALICE COUNTY OF SUFFOLK STATE OF NEW YORK 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 ...................... ...... 19..~.~.. C~_~ day of.. ~ ~q TZ.._T. :~:... ~.'~':; Sworn to before me this .......... .~.~7..~. ..... day of 9..C?. Notary Public BARBARA Am S~]HNEIDER NOT,qRY PUBLIC, State 0l New York No. 4806846 Ouo!i ~d ia Suffolk Cou~n)~. /