Loading...
HomeMy WebLinkAbout3811 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN RE]AD- STATE RI-lAD 2S =:rlUTHOLD, L.I., N.Y. ]19'71 TELEPHONE (516) 765 1809 ACTION OF THE BOARD OF APPEALS Appeal No. 3811: Upon application of RICHARD AND JANET SCHLUMPF for Variances: (a) to the Zoning Ordinance, Article III-A, Section 100-32A for permission to construct principal building with an insufficient front yard setback, and (b) pursuant to New York Town Law, Section 280-a for approval of access over private right-of-way referred to as Silkworth Road extending from the east side of Westphalia Avenue (Road), Mattituck, NY. Zone District: R-40. Location of Property: Lot #1, Map of Point Plesant; County Tax Map District 1000, Section 113, Block 9, Lot 12. WHEREAS, a public hearing was held and concluded on March 9, 1989 in the Matter of the Application of RICHARD AND JANET SCHLUMPF under Appeal No. 3811; 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: Page 2 - Appeal No. 3811 Matter of RICHARD AND JANET SCHLUMPF Decision Rendered March 16, 1989 1. By this application, appellants request: (a) a Variance under Article III-A, Section 100-32A for permission to construct principal building with an insufficient front yard setback at 10 feet from the westerly property line, and (b) pursuant to New York Town Law, Section 280-a for approval of access over a private road, extending from the easterly side of Westphalia Road (Avenue) along Silkworth Road up to its intersection with Home Pike Road, in the Hamlet of Mattituck, Town of Southold. 2. The premises in question is a parcel of land containing a total lot area of 23,960+_ square feet situated along the north side of Home Pike (Or Pt. Pleasant) Road, and along the east side of Silkworth Road, in the Hamlet of Mattituck, Town of Southold, and more particularly identified on the Suffolk County Tax Maps as District 1000, Section 113, Block 9, Lot 12. 3. The subject parcel varies in lot width from 59+- feet in width at the southerly end and at 110.54 feet at the northerly end of the subject premises. The contours of the property also vary from 26 feet above mean sea level at the southerly end of the property to zero at the ordinary highwater mark (at the northerly end) of the premises. 4. Article III-A, Section 100-32A of the Bulk Schedule of the Zoning Code provides for a minimum front yard setback for parcels in the R-40 Zone District to be 50 feet. 5. Article XIV, Section 100-244 of the Zoning Code provides relief to certain nonconforming lots with an area of less than 40,000 square feet, but more than 20,000 sq. ft, for a minimum front yard setback of a principal building at 40 feet. 6. The setback at its nearest point requested by this application is at 10 feet from the westerly property line, which abuts a private right-of-way (presently used for access to one parcel). The dwelling is proposed to be situated at the average lot depth setback line at a distance 200 feet northerly from the south property line. The lot depth in this area varies between 82+- feet and 87+- feet in lot depth. 7. It is the opinion of this Board that the character, size, shape and contours of the site lend to the difficulties. Page 3 - Appeal No. 3811 Matter of RICH~RDAND JANET SCHLUMPF Decision Rendered March 16, 1989 8. For the record it is noted that a portion of the right-of-way extending from Westphalia Road (Avenue) to premises now or formerly of Thomas Perillo, County Tax Map Parcel No. 1000-114-1-7, was improved and accepted under Appeal No. 3317 March 3, 1989 (decision rendered February 14, 1985). The remaining portion of the right-of-way is in need of improvements, which are stipulated below. 9. It is the position of this Board in considering this application that: (a) the circumstances are uniquely related to the premises; (b) the relief as granted is not unreasonable under the circumstances; (c) the relief as granted will not alter the essential character of the neighborhood; (d) there is no other method feasible for appellant to pursue other than a variance; (e) the variance, as granted, will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town, or be adverse to neighboring properties; (f) the interests of justice will be served by granting alternative relief, as noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to GRANT a Variance for permission to locate new principal dwelling structure with a setback from the westerly property line at 10 feet as shown on the plot plan dated April 20, 1987, and for approval of access, SUBJECT TO ~E FOLLOWING CONDITION: That the access road be improved as follows: 1. Improved a full minimum width of 15 feet with full clearance of all brush or plantings to 16 feet in width; Page 4 - Appeal No. 3811 Matter of RICHARD AND JANET SCHLUMPF Decision Rendered March 16, 1989 2. Improvements be placed to a minimum depth of four inches of packed three-quarter-inch stone blend, then with 2" loam, to be applied to the ground surface and shaped, or excavated to permit the application to same to the minimum depth (after packing). 3. Entire access road from Westphalia Road be maintained at all times in good condition, satisfactory to the Board of APl~eals. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, and Dinizio. (Absent were: Member Doyen of Fishers Island and Member Sawicki {out-of-state}.) This resolution was duly adopted. lk RECEIVED AND FILED BY Town Clerk, Town of oouh:o:~d APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAW[CKI JAMES DINIZ[O, JR. Southold Town Board of Appeals MAIN R~IAD- STATE R[3AD 25 SnUTHE}LD, L.I., N.Y. 11~?1 NOTICE OF HEARINGS TELEPHONE (516) 765-1809 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, MARCH 9, 1989, at the following times: 7:30 p.m. Appl. No. 3826 - GLADYS W. HOWELL. Variance to the Zoning Ordinance, Article VII, Section 100-71 for approval of conversion of existing accessory building for dwelling use, accessory to the main dwelling structure, in this Residential-Office (RO) Zone District. Location of Property: 51470 Main Road, Southold, NY; County Tax Map District 1000, Section 70, Block 2, Lot 2. 7:35 p.m. Appl. No. 3825 - SUSAN A. FORBES. Variance to the Zoning Ordinance, Article III, Section 100-31, and Article XXIV, Section 100-244 for approval of open deck addition with an insufficient front yard setback. Lot area of premises is nonconforming at approximately 11,300 sq. ft. in this R-80 Zone District. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 9, 1989 7:40 p.m. Appl. No. 33813 - SHELDON HILLS as Trustee for Barterama Corp. Employees Profit Sharing Trust. Variances to the Zoning Ordinance, Article III, Section 100-32C and Column iii of the Bulk Schedule, for permission to reduce side yards to less than the required 20 and 25 feet, 45 feet for both sideyards, on this 2+ District: R-80. Location of Property: and less than the total acre vacant parcel. Zone Private Right-of-Way referred to as Private Road #11 (also referred to as Aldrich Lane Extension), extending off the north side of Sound Avenue, Mattituck, NY; County Tax Map District 1000, Section 112, Block 1, Lot 12; Southold Town Planning Board Approved Set-Off Map March 4, 1985. 7:45 p.m. Appl. No. 3828 - ROSEMARY SULLIVAN. Variances to the Zoning Ordinance, Article III-A, Section 100-32A for permission to construct 10' by 14' addition (replacing existing deck) with an insufficient rearyard setback and in excess of the maximum 20% lot coverage requirement. Zone District: R-40. Location of Property: 5365 Peconic Bay Boulevard, Laurel, NY; County Tax Map District 1000, Section 128, Block 1, Lot 11. Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 9, 1989 7:50 p.m. Appl. No. 3823 - THOMAS THOMPSON. Variance to the Zoning Ordinance, Article III, Section 100-32, and Bulk Schedule, for approval of existing swimmingpool with deck areas which will have an insufficient rearyard setback when attached by a raised deck to the rear of the existing dwelling. Zone District: Agricultural-Conservation (A-C). Location of Property: 2890 Bridge Lane, Cutchogue, NY; Lot #10 on Map of Ismar Acres (Approved March 13, 1973); County Tax Map District 1000, Section 85, Block 2, Lot 22. 7:55 p.m. Appl. No. 3830 - REV. CHARLES BELL. Variances to the Zoning Ordinance, Article III-A, Section 100-32A, and Bulk Schedule, for permission to construct addition at rear of existing dwelling with an insufficient rearyard setback. Zone District: R-40. Location of Property: 1330 Donna Drive, Mattituck, NY; Lot #32, Deep Hole Creek Estates; County Tax Map District 1000, Section 115, Block 15, Lot 15. Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 9, 1989 8:00 p.m. Appl. No. 3814 - RYCK KOKE. Variance to the Zoning Ordinance, Article III-A, Section 100-32A, for approval of swimming pool with fence enclosure in the side yard area. Zone District: R-40. Location of Property: 245 Kimberly Lane, Southold, NY; Paradise By the Bay Subdivision Lot No. 2; County Tax Map District 1000, Section 70, Block 13, Lot 20.2. 8:10 p.m. Appl. No. 3824 - NICK AND KATIE NICKOLAUS. Variance to the Zoning Ordinance, Article III, Section 100-33 (previously 100-32) for permission to locate accessory building in an area other than the required rear yard. Zone District: R-80. Location of Property: 17555 Soundview Avenue, Southold, NY; County Tax Map District 1000, Section 51, Block 1, Lot 2. L Pleasant; County Tax Map District ot 12. /_8:15 p.m. Appl. No. 3811 - RICHARD SCHLUMPF.~ AND JANET Variances: (a) to the Zoning Ordinance, Article III-A, Section 100-32A for permission to construct principal building with an insufficient front yard setback, and (b) pursuant to New York Town Law, Section 280-a for approval of access over private right-of-way referred to as Silkworth Road extending from the east side of Westphalia Avenue (Road), Mattituck, NY. Zone District: R-40. Location of Property: 1000, Lot #1, Map of Point Section 113, Block 9, Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 9, 1989 8:20 p.m. Appl. No. 3785 - RAYMOND F. NINE, PAMELA NINE AND CHARLES ZAPPRA. Special Exception to the Zoning Ordinance, Article III-A, Section 100-3iA(B) for permission to establish "Bed and Breakfast Use," 'an owner-occupied building, other than a hotel, where lodging and breakfast is provided for not more than six casual, transient roomers, and renting of not more than three rooms,' in conjunction with owner-occupancy as a single-family dwelling use. Location. of Property: North Side of New Suffolk Avenue, Mattituck, NY; County Tax Map District 1000, Section 114, Block 11, Lot 20. Zone District: R-40. 8:30 p.m. Appl. No. 3829 - FRED RENGANESCI and BARBARA REITER as Applicants for a Reversal of a Determination by Building Inspector to Grant Building Permit No. 17508-Z dated October 6, 1988 concerning a proposed "steel building for indoor storage of boats" to be located at premises referred to as "MATT-A-MAR," now or formerly owned by Wickham Road Marina, Inc. Zone District: Marine (M-II). {Previous Zone District: B-Light Business}. Application was filed citing the Page 6 - Notice of Hearings $outhold Town Board of Appeals Regular Meeting of March 9, 1989 prior Zoning Code, Article VI, Sections 100-60 and 100-61, and Article XIV. New Zoning Code citations refer to Sections 100-121 and 100-122, and Article XXVII for the same or similar provisions for this M-II Zone District. Property Location: West Side of Wickham Avenue, Mattituck, NY; County Tax Map District 1000, Section 114, Block 3, Lot 1. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. For more information, please call 765-1809. Dated: February 9, 1989. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Copies to the following on or about February 17, 1989: Suffolk Times, Inc. L.I. Traveler-Watchman Town Clerk Bulletin Board (Main Lobby)ZBA Office Bulletin Board ZBA Board Members (with file copies) ZBA Individual Files Mr. Gary Williams, PO Box 1415, Southold, NY 11971 (for Howell) Ms. Susan A. Forbes, Box 802, Orient, NY 11957 Mr. Kenneth Hills, Mountain Home Builders, Inc. 24 South Court, Roslyn Heights, NY 11577, (for S. Hills) Mark Finne General Carpentry, 1370 Lighthouse Road, Southold, NY 11971 (for Rosemary Sullivan; for Rev. C. Bell) Mr. Thomas Thompson, 2890 Bridge Lane, Cutchogue, NY 11935 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE that your application dated ..... ~:'~..~...~'~..., 19 .~. Locationoferoperty . ~...7..ff-.... P~.~...4/. House No. ' .......... S'treet Hamlet County Tax Map No. 1000 Section.../.1.3 ..... Block ..... ¢ ....... Lot./~. ~.~ ....... Subdivision~,~.,~-/~ Filed Mao No. · .~.. · .'~. ~' Lot No. / ' ' .......................... is returned herewith and disapproved on the following grounds ............................... Build nspector 1/80 e TOWN OF Sou~Hou~, NlW YO~ APPEAL FROM DECISION OF BUILDING INSPECTOR Jl '.~© ~1~ DEC 0 9 19 8 TO THE ZONING BOARD OF APPEALS, TOWN OF::~D! l, ~ .....~.!.c.h.a.f!.!'....s..c.~.].u.~..~..f ......................... of ....~..!!...~i. LL,~.,~.~...L.~..~.?. ......................................... Nome of Appellant Street and Number West s]i~ ..................................................... Municipality ........ ~.ew..Y~nL..HEREBY APPEAL TO State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON .................... ............... DATED ..... ............ APPLICATION FOR PERMIT Jgll21. Bui ldin Permit .... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (x) .R.i.~.b.~r. CL.A,...~ c h.~ um9 £..and..,t a n e~.. J ...Sc~.~ ~m~.f Nome of Applicant for permit of . ~..~.!....~.[.].].e...q.q .s....L..q .n..e. ,.....~Le..s.L.J.~. L L ~ ....... tmw..×~r.k ........................................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO BUILD RighL uF wdy ufi' ~J~Lp~ldlld Avenue ~L Lhe N/E intersection 1. LOCATION OF THE PROPERTY o.f...S.i.iJ~w.o.~.~.h..gd...&,.~Jgm~..R£k~/.NaZZ£~.uck/~..-J~e.~iAe~.t.~gr i cu 1 - Street /Hamlet / Use District on Zoning Mop rural District, 1000 Section 113Block 9 Lot 1~ C ..... · ................................................................................ · ._u~,,~ Owner R/chard A. Schlumpf & Janet J. S%'B'I~m p f Mop No. 720 Lot No. 1 Prior 0wner ~;,mo~d K. !sscm s Ccrc!':n H. Issem Map cf Pc!nt Pleasant - 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) (x) A VARIANCE to the Zoning Ordinance or Zoning Mop A VARIANCE due to lock of access (State of New York Town Low Chop. 62 Cons. Laws Art. |6 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal X)~t~0 (has not) been mode with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for o special permit ( ) request for o variance and was mode in Appeal No ................................. Doted ...................................................................... (X) (X) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that the applicant wishes to build a two story wood frame dwellin9 on a corner as shown on the attached survey by Richard A. Schlumpf with an insufficient front yard on one of the two front yards. (Continue on other side) _/~o~ -//.~-?-/~, SOUTHOLD PROPERTY RECORD CARD FoRME-~ OWNER , · ? ~ E ACR. ~ $ W TYPE OF: BUILDING RES- W// S~S' VL q / FAro COMM. CB. MISC. Mkt. Value ~ND IMP. TOTAL DATE RE~RKS ~o o ~ ~ o , ,~ ~ ~ AGE BUILDING CONDITION N~ ~ NO~L I BELOW ABOVE FA~, Acr~ Value Per Value Acre Tillable I ;/ Tillable 2 Tillable 3 W~land Swampland FRONTAGE ON WATER Brushland ' FRONTAGE ON ROAD Hous~ Plot DEPTH BULKH~D , Total ~" ' ' ' ' ' ~ " D~K APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONiS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZiO. JR. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD. L.I.. N.Y. ]3973 TELEPHONE (516) 765-1809 March 24, 1989 Karen J. Stretz, Esq. Wickham, Wickham & Bressler, P.C. Main Road, P.O. Box 1424 Mattituck, NY 11952 Re: Appl. No. 3811 - Richard and Janet Schlumpf Dear Karen: Transmitted herewith for your perusal and file is a copy of the Board's determination recently rendered by the Board of Appeals in the above matter. Copies of this decision have also been furnished to the Building Department Office to update their files. Please be sure to return to the Building Department and other appropriate agencies/departments for other approvals or documents which may be necessary prior to commencing construction activities. Yours very truly, GERARD P. GOEHRINGER CHAIRI~AN By Linda Kowalski Enclosure Copy of Decision to: Office of the Building Inspectors DEPARTMENT OF PLANNING COUNTY OF SUFFOLK' PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE 360-5206 LeE E. KOPPELMAN DIRECTOR OF PLANNING March 29, 1989 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Richard & Janet $chlumpf #3811 Very truly yours, Arthur H. Kunz Acting Director of Planning S/s Gerald G. Newman Chief Planner GGN:mb APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR, JOSEPH H. SAWlCKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 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, ArticleZII.~ Section 100-32A Variance from Determination of South~td Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.:3811 Applicant: Richard and Janet Schlumpf Location of Affected Land:ROW (Silkworth Rd.)E/s Westphalia Rd.,Mattituck,NY County Tax Map Item No.: 1000-113-9-12 Within 500 feet of: Town or Village Boundary Line XX Body of Water (Bay, Sound or Estuary) " State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to construct principal buildinq with an insufficient front yard setback and approval of access over private right-of-way Copies of Town file and related documents enclosed for your review. Dated: March 28, 1989 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCK[ JAMES D[NIZIO, .IR. 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 FRANK A. KUJAWSKI, JR., President ALBERT J. KRUPSKI, JR., Vice-President JOHN M. BREDEMEYER, III JOHN L. BEDNOSKI, JR. HENRY P. SMITH TELEPHONE (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 June 7, 1989 Wickham, Wickham and Bressler, P.C. P.O. Box 1424 Mattituck, NY 11952 Re: For Richard and Janet Schlumpf, Home Pike, Mattituck N.Y. Dear Sirs: The following action was taken by the Board of Town Trustees during their regular meeting held on May 31, 1989 as follows: WHEREAS the Town Trustees have conducted an on site inspection of the subject property,Home Pike, Mattituck, NY. RESOLVED that the Town Trustees approve the request made by Wickham, Wickham and Bressler for a waiver to construct single family dwelling on above mentioned property. Please return to the Building Department for a determination on the need for any other permits which may be required for this project. FAK:kjw cc: Bldg. Dept. Board of Appeals file Very truly yours, Frank A. Kujawski, Jr. President Board of Town Trustees LO NO~ICOS Section 100-32A ~or constract 10' by 14' addition ~, ~ fo~ ~ ~ P~e Bay ~a~. ~ ~ ~ ~e SO~O~ ~ ~ Count:' T~ Map Dist~c~ 1 BO~ OP ~P~ a a R~ ~ ~ 128, BI~ I, M~8,~dT~ ~ 7:S0 p.m. AppL ~SDAY, M~ 9, 1989, ~ ~e ~g O~. A~cle 7:30 p.m. A~L No. 382& ~ ~ [~a~of~g G~YS W. HOWl I- V~ m ' ~ ~ d~ ~ w~ ~ ha~ ~m offs ~ bn~-i ~ ~: ~e ~l dw~l. ~e D~: f~ dw~s me, a~ ~ th~ ' A~~ (A~. Cutchogue, NY; Lot #10 on Map of Ismar Ac~es (Approved March 13. · 1973); Cotmty Tax M~p District. 1000, Section 85, Black 2, Lot 22. 7:55 p.m. AppL No, 38~0 -- REV. CHARLES BELL. Variances to the Zoning Onfinance. Anicie m'. ~ A, Section I00-32A, and Bulk/ Schedule, for pun~isalon to consm~ ' edditle~ at tear of exislin8 dwellin8 Zone District: R-dO. Location of Pnl1~e~y: 1330 Donna Drive, Idatti- to~, NY; Lot ~2, Deep Hole Creek Estates; Coanty Tax Map Distflct 1000, Sealon 115, Block 15. Lot 15. 8:00 p.m. AppL No. 3814 --. ~ 51, FE~ack 1, Lox RICHARI3'nrAND I A N E T SCHLUMPF, Varian,c~.s: (a) to the tiao 100-32A for pun~sfion to struct principul building with ~ in*' sufficient front yard setback, and (b)' pursuant to New Yod[ Town Law, S=ction 280-a for approval of access Silkworth Road eatondin8 from the east side of Westphalia Avenue (Rind), Msttituck, NY. Zone District: R-40. Location of Property: Lot #1, Map of Point Pleasant; County Tax Map District 1000, Secsion 113, Bleck 9, Lot 12. '--"8:20 p.m. Appl. No. 3785 RAYMOND F. NINE, PAMELA NINE AND CHARLES ZAHRA. Special Exception to the Zonin8 Or- dinance, Anicie TIT-A, Section 100- Business}. Application was filed cit- ing the prior Zoning Code, Article -_VI, Sectiens I00-~0 &nd 100-61, and i~.~.A.~t~.le X~/. New Zo~ng Code cita- ~=100-122. and Article XICv'II fo~ the M-Il Z~ne DistricL Pmpuny Loca. :tion: West Side of Wickhmn Avenue,. Diatrict 1000, Section 114, Block 3,, LOtl. ~ The Beard of Appeals will at said time and piece hear any and aH per- ~ mittod prior to the conclusion of the subject hearing. Each bearing will not more information, please call 765- 1809. 3lA(B) for punnission to establish , % Dated: Febmaty 9 1989. "Bed and B~dast Use," 'an owner- BY ORDER OF THE occupiod building, other th~ a hotel, · ~ - SOUTHOLD TOWN BOARD where lodging and breakfast is ixo- OF APPEALS vided for nm more than six casual, GERARD p. GOEHRINGER t~nsient foamers, and renting of not ' CHAIR_MAN mo~e than thee m~ms,' in conjunc- '.. By Linde Kowalski tion with owner-occupancy as a sin- 6197-1TF13 . gle-famiJy dwelling me. Location of Pmpurty: North Side cf New Suffelk Avenue, Mauimck, NY; County Tax. Map District 1000, Section 114, Block 11, Lot 20. Zone District: R- 40. 8:30 p.m. Appl. No. 3829 -- FRED RENGANESCI AND BAR- Basterama Co~ Employees Profit Sharin8 Trust. Variances to the Zon- ins Ordin.,,ce. Article IlL Section 100-32C and C. ulumn iii of the Bulk Schedule, for permission to reduce side yards to leas than the requhwd 20 and 25 feet, and leas than the totul 45 feet for both sidcyarde, on this 2+. acre vacant puweL Zime District: R- ' 80. L~cati~m of Property: Private Right-of-Way refened to as Privato RYCK KOKE. Variance to thc Zon- BARA REITER as Applicants for a in~ Ordinance, Aniciem-A, Seaioa; ' Reversal of a Determination by 100-32A, for approval of swimming ':. Building Inspector to Grant Building puol with fence mdosum in the slde :~ PelmitNo. 17508-Z dated October 6. y~d ~ Zeee Dis~ct: R-40. Loca- ~ '.. 1988 concerning a propo~od "steel tion of Property: 245 Kimbedy Lane, ~' buildln8 for indoor storage of Sm~thuld, NY; Paradise By the Bay~?. ' ~ to be located ail,,,,,gses ~em~d to as Subdivision Lol No. 2; County Tax: ! "MAI'fA-MAR," now or formerly ' 'Map Disuict 1000, Secsion 70, Bl,o~k ' owned by Wid~ham Road Marine, 13, LOl 20.2. Inc. Z~ne Distrini: Marine (M.I~. 8:10 p.m. Appl. No. 3824 -- Road/Ill (also~efert~d toas Aldrich NICK AND KATI]/NICKOLAUS. ' north side cf Seond Avenue, Maui- ,~ ~.~.-_~-~,~-- g._-_.,_~_ ~g~r~n. an~.e, : mc~,Ny CotmtyTaxMapDismct vi~sl lO0-32'for .,i;~,n ~.~ J The hordest-work no · y ? pem~ ..... to, : ~, 1000, Section 112 Bleck I.~ I locate . ~ ~ · So'old ' ~' ' '~ "-- '~ a~ce~so,X tx~ldin8 m ~t ~ ~ ~ I" ClOSSlfieds ore in 7145 p.rn. AppL No. 3828 -- 17555Seundvin AvmU,. ~..,~K,~a. -~[. ~. ~[~llf~.,~a~s~ · NOI'ICE OF HEARINGS . blDTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, MARCH 9, 1989, at the following times: l"'~':l~'~.m.' A~'pl. RICHARD AND JANET SCHLUMPF.:Variances: (a) to the Zoning Ordinance, Article III-A, Section 100-32A for permission to construct prin- cipal building with an insuffi- cient front yard setback, and pursuant to New York Town Law, Section 280-a for approval of access over private right-of- way referred to as Silkworth Road extending from the east side of Westphalia Avenue (Road), Mattituck, NY. Zone District: R-40. Location of Pro- )erty: Lot #1, Map of Point Pleasant; County Tax Map Dis- trict 1000, Section 113, Block 9, Lot 12. ~g:20 p.m. Appl. No. 3785-- R ..~'MOND F. NINE, PAMELA NINE AND CHARLES ZAHRA. Special Exception to the Zoning Ordi- hark:e, Article III-A, Section 100-3IA(B) for permission to es- tablish "Bed and Breakfast Use7 'an owner-occupied build- ing, other than a hotel, where lodging and breakfast is pro- . vided for not more than six casual, transient roomers, and · renting of not more than three rooms~ in conjunction with owner-occupancy as a single- family dwelling use. Location of · Property: North Side of New Suffolk Avenue, Mattituck, NY; County Tax Map District 1000, Section 114, Block 11, Lot 20. Zone District: R-40. COUNTY OF SUFFOLK ss: 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.?.?. ~ Sworn to before me this ..................... day of 19...~.~ Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, State of New York r;o. 4806846 Qualified in ~Suffolk Count~ / Commission ~xpires ~///.~///~' Page 7 - Notice of Hearings Southold Town Board of Appeals Regular Meeting - March 9, 1989 Copies to the following on or about 2/17/89 (continued): Rudolph H. Bruer, Esq., Main Road, Southold, NY 11971 (for R. Koke) Mr. and Mrs. Nick Nickolaus, 30 Buttonwood Drive, Dix Hills, NY 11746 Southold Pools, Inc., Box 539, Southold, NY 11971 (for Nickolaus) Karen J. Stretz, Esq., Wickham, Wickham & Bressler, P.C., Main Road, Box 1424, Mattituck, NY 11952 (for Schlumpf) Daniel C. Ross, Esq. or Eric J. Bressler, Esq., Wickham, Wickham and Bressler, P.C., Main Road, Box 1424, Mattituck 11952 (for Nine and Zahra) Mr. Raymond F. Nine, New Suffolk Avenue, Mattituck 11952 Ms. Pamela Nine, New Suffolk Avenue, Mattituck 11952 Mr. Charles Zahra, Box 1137, Mattituck, NY 11952 Mr. and Mrs. John DeReeder, New Suffolk Ave, Mattituck 11952 Harold and Ernest Wilsberg, Box 1429, Mattituck 11952 (as adjacent property owners) Daniel C. Ross, Esq., Wickham, Wickham & Bressler, P.C., Main Road, P.O. Box 1424, Mattituck, NY 11952 (for Renganesci and Reiter) in the Matter of Matt-A-Mar Permit #17508Z Wickham Road Marina, Inc. c/o Marr-A-Mar Marina P.O. Box 1235, Mattituck, NY 11952 Matt-A-Mar Marina, Box 1235, Mattituck, NY 11952 Mr. Victor Lessard, Principal Building Inspector James A. Schondebare, Town Attorney Robert H. Berntsson, Assistant Town Attorney ~~00-250 § 100-244 ZONING Lot ~(fee Yard Area Width Depth ide lb,th Sides Rear (square feet) Coverage (feet) (feet) t) (feet) ~t) ~'~ C. In the case of single and separate ownemhip of a nonconform- ing lot located in a subdivision plat, approved after April 9, 1957, by the Planning Board of the Town of Southold and filed with the County Clerk of Suffolk County, relief for all front, side and rear yard and area dimensions shall be granted to the extent that such front, side and rear yard and area dimensions were required at the time the map was originally filed with the County Clerk of Suffolk County. § 100-245. Repairs and maintenance. Notwithstanding any of the foregoing regulations, nothing in this Article shall be deemed to prevent normal maintenance and repair of any building or the carrying out upon the issuance of a building permit of major structural alterations or demolitions necessary in the interest of public safety. § 100-246. Involuntary moves. Sections 100-241A and B and § 100-243A, herein are not intended to apply to involuntary movements of uses or structures as a result of condemnation actions or other litigation. ARTICLE XXV Site Plan Approval [Added 1-10-89 by L.L. No. 1-1989] § 100-250. Purpose. The p~rl~e o~ this Krt~c),e is to standardize procedure for review of site plans and requirements for site plan applications regardless of district. 10145 § 100-243 SOUTHOLD CODE § 100-244 § 100-243. Nonconforming buildings with nonconforming uses. A. A nonconforming building containing a nonconforming use shall not be enlarged, reconstructed or structurally altered or moved unless the use of such building is changed to a conforming use. B. A nonconforming building containing a nonconforming use which has been damaged by fire or other causes to the extent of more than fifty percent (50%) of its fair value shall not be repaired er rebuilt unless the use of such building is changed to a conforming use. § 100-244. Nonconforming lots. A. This subsection is intended to provide minimum standards for granting of a building permit for lots made nonconforming or continued in a state of nonconformance by the adoption of this Article and that were singly and separately owned as of the effective date of this Article. B. A nonconforming lot separately owned and not adjoining any lot or ]and 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: 10144 2 - 25 - 89 ~-8o ;, ~- , , R-80 A-C MATTITUCK M]~ R-80 ~ A--C LIO R-~.O R ~-80 R-80 R-80 I M~TTm.~ K LIO R-80 R-80 -LB · A-C Southold Town Board of Appeals MAIN RI'lAD- STATE Rr'IAD 25 SDUTHI3LD, L.I., N.Y. 119'71 TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI Z.B. AD JAMES DINIZIO, JR, SPECIFICATIONS FOR CONSIDERATION Prepared 2/7/89 for Board Member Consideration at the Board of Appeals hearing expected to be held in early March 1989. Matter of Appl. No. 3811 - RICHARD AND JANET SCHLUMPF Property ID: 1000-113-9-12 (Map of Point Pleasant Lot #1) Location of ROW: E/s Westphalia Road (Avenue), extending along Silkworth Road up to the most northerly intersection with Home Pike Road, Hamlet of Mattituck. Improved to a minimum width of 15 feet with full clearance of all brush or plantings to 16 feet in width. Improved to a minimum depth of four inches of packed three-quarter-inch stone blend with 2" loam, to be applied to the ground surface and shaped, or excavated to permit the application to same to the minimum depth (after reasonable packing). Entire access road from Westphalia Road be maintained at all times in good condition, satisfactory to the Board of Appeals. Copy to Karen J. Stretz, Esq. 2/7/89 lk Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. February 7, 1989 Karen J. Stretz, Esq. Wickham, wickham & Bressler, Main Road, P.O. Box 1424 Mattituck, NY 11952 PJCo Re: Appl. No. 3811 - Richard and Janet Schlumpf Dear Karen: Transmitted herewith for your file and information are the 280-a specifications proposed by our Department for consider- ation at our March public hearing. Also enclosed is our letter to you concerning the update of this file under the new Master Plan and Zoning Maps, which we ask that you review, sign and return imediately. Upon return of the signed authorization, we will be in a position to either advertise this matter for a public hearing to be held in early March, or return the Notice of Disapproval to the Building Inspector for other updates, whichever is your choice. Please don't hesitate to call if you have any questions. Yours very truly, GERARD P. GOEHRINGER CHAIP~4AN By Linda Kowalski Enclosures Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I,, N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. .JOSEPH H. SAWlCKI JAMES DINIZIO, JR. February 7, 1989 Karen J. Stretz, Esq. Wickham, Wickham & Bressler, P.C. Main Road, P.O. Box 1424 Mattituck, NY 11952 Re: Appl. No. 3811 - Richard and Janet Schlumpf Dear Karen: As you may be aware, the premises which is the subject of the above application before the Board of Appeals has been redesignated on the newly adopted Master Plan Zoning Update. When your application was filed with this office, the previous Zoning Code was in effect. Since all files will be required to be updated based on the new Zoning Plan, the new provisions of the Code must be used. The same provision under the new Zoning Plan for this new zone district according to our records is shown to be: R-40 Zone District Front Yard Requirement: 50 feet Minimum per Bulk Schedule, Article IIIA, Section 100-32A. Please check one of the following two choices, sign and return a copy of this letter as early as possible: { ~ } that you authorize a correction of your application by our office staff with the new Article and Section Numbers (as noted above in the second paragraph) in order to update the same and apply only the same provision of law; OR: Page 2 - Appl. No. 3811 - Schlumpf To: Karen J. Stretz, Esq. February 7, 1989 { } that you prefer an update of your Notice of Disapproval issued by the Building Inspector on your pending building-permit application, particularly to determine whether or not additional provisions of law apply. Yours very truly, GERARD P. GOEHRINGER Author ized~/Signatu~ / Enclosure (Photocopy of Zoning Map) R -80 A-C R -80 R~80 LIO R-80 A-C R-80 GR~A T PECONIC 8A Y Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINITIO. JR. February 7, i989 Karen J. Stretz, Esq. Wickham, Wickham & Bressler, P.C. Main Road, P.O. Box 1424 Mattituck, NY 11952 Re: Appl. No. 3811 - Richard and Janet Schlumpf Dear Karen: Transmitted herewith for your file and information are the 280-a specifications proposed by our Department for consider- ation at our March public hearing. Also enclosed is our letter to you concerning the update of this file under the new Master Plan and Zoning Maps, which we ask that you review, sign and return immediately. Upon return of the signed authorization, we will be in a position to either advertise this matter for a public hearing to be held in early March, or return the Notice of Disapproval to the Building Inspector for other updates, whichever is your choice. Please don't hesitate to call if you have any questions. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosures Southold MAIN .naD-STATE ROAD 25 Town Board of Appeals c;OUTHOLD, L.l., N.Y. 11~'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, .IR. JOSEPH H. SAWICKI Z.B. ~. SPECIFICATIONS EOR CONSIDERATION JAMES DINIZIO, JR. Prepared 2/7/89 for Board Member Consideration at the Board of Appeals hearing expected to be held in early March 1989. Matter of Appl. No. 3811 - RICHARD AND JANET $CHLUMPF Property ID: 1000-113-9-18 (Map of Point Pleasant Lot #1) Location of ROW: E/s Westphalia Road (Avenue), extending along Silkworth Road up to the most northerly intersection with Home Pike Road, Hamlet of Mattituck. Improved to a minimum width of 15 feet with full clearance of all brush or plantings to 16 feet in width. Improved to a minimum depth of four inches of packed three-quarter-inch stone blend with 2" loam, to be applied to the ground surface and shaped, or excavated to permit the application to same to the minimum depth (after reasonable packing). Entire access road from Westphalia Road be maintained at all times in good condition, satisfactory to the Board of Appeals. Copy to Karen J. Stretz, Esq. 2/7/89 lk APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR, JOSEPH H. SAWICKI JAMES DINIZIO, JR. Southold Town Board o£ Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N,Y. 11971 TELEPHONE (516) 765 1809 February 7, 1989 Karen J. Stretz, Esq. Wickham, Wickham & Bressler, P.C. Main Road, P.O. Box 1424 Mattituck, NY 11952 Re: Appl. No. 3811 - Richard and Janet Schlumpf Dear Karen: As you may be aware, the premises which is the subject of the above application before the Board of Appeals has been redesignated on the newly adopted Master Plan Zoning Update. When your application was filed with this office, the previous Zoning Code was in effect. Since all files will be required to be updated based on the new Zoning Plan, the new provisions of the Code must be used. The same provision under the new Zoning Plan for this new zone district according to our records is shown to be: R-40 Zone District Front Yard Requirement: 50 Bulk Schedule, Article IIIA, feet Minimum per Section 100-32A. Please check one of the following two choices, sign and return a copy of this letter as early as possible: { } that you authorize a correction of your application by our office staff with the new Article and Section Numbers (as noted above in the second paragraph) in order to update the same and apply only the same provision of law; OR: Page 2 - Appl. No. 3811 - Schlumpf To: Karen J. Stretz, Esq. February 7, 1989 { ] that you prefer an update of your Notice of Disapproval issued by the Building Inspector on your pending building-permit application, particularly to determine whether or not additional provisions of law apply. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Authorized Signature Enclosure (Photocopy of Zoning Map) R-80 C R~80 MATTITIJCK LIO R-~.O A~C R-80 GR~A 7' PECONIC BAY WiLLiAM WICKHAM ABIGAIL A WIC~PfAM DAniel C ROSS HUBERT F SULLIVAN L~W OFFICES WlCkham. WlCkham ~ BRESSLER. P.C. MAIN ROAD. PO 80X 1424 MATTITUCK, LONG ISLAND NEW YOrK 1~952 516-298-8353 November 21, 1988 MORTGAGE OFFICE Southold Town Zoning Board of Appeals Town Hall Main Road Southold, New York 11971 Re: Schlumpf Variance Gentlemen: An examination of our files reveals that the property which is the subject of this variance was acquired by Albert L. Worthen, Jr. & Marion L. Worthen in 1963. The Worthens listed the property for sale in June of 1971. In late October of 1971, they obtained a purchaser, and a contract was sent to the purchasers, Raymond K. Issem & Carolyn H. Issem, on November 10, 1971. I enclose a copy of a letter to Mr. Worthen confirming the sale and a copy of a letter to the purchaser forwarding the contract. As the seller lived in Atlanta, Georgia, and the purchaser lived in Dix Hills, New York, most of the communications were by letter. Apparently, there was some delay in obtaining the survey over the winter months, and after obtaining it, the closing papers were mailed to Georgia for signature. Closing occurred on February 11, 1972, at which time Raymond K. Issem and Carolyn H. Issem acquired both lots, and lot 2 was simultaneously transferred to Raymond K. Issem. Although the lots were formally made single and separate on February 11, 1972, the property was in the process of being sold at the time of the 1971 upzoning. property was shown as two lots on a filed map, and was described on all the deeds, and in the contract and mortgage, as Lots 1 & 2. Thus, the parties were always under the assumption that the lots were separate and distinct. The I also note that the Issems constructed a residence on Lot 2, and the building permit and Certificate of Occupancy refer to Lot 2 only. There is a Notice of Disapproval in the Issem file, with notes of Howard Terry regarding the prior transfer, and subsequently a building permit was issued. Given the close proximity of the sale and deeds to the zoning change, and the issuance of a building permit to the Issems on Lot 2, we request that you regard Lots 1 & 2 as two separate lots. Very truly yours, Abigail A. Wickham AAW:amm eric. November 10, 1971 Nr. Ra~mond Issem 9 Dilon Drive Dim Hills, New York Re: ~,orthen - Issem Dear Hr. Issem~ I am enclosing proposed contract for the Worthen parcel, together with a survey print. As I mentioned over the telephone, it might be well for you to drop over to Matti~Ack at your convenience to review it with me. I am, however, leaving the office for a few d~ys and will not be back probably until early Tuesday morning. Please give me a call at that time. Very cordially yours, William Wickham November 10, 1971 Mr. Albert L. Worthen, Jr. Abex Corporation Amsco Division 680 Drew~y Street, N.E. Atlanta, Georgia 30306 Re: Worthen - Issem Dear Mr. Worthenl I have called Mr. Issem and confirmed the details of the Contract which I am now preparing. The Mil-Matt deal has apparently fallen through. I have called them several times and ~hey seem to have no prospect. Would you please send me your current home address which I will need in preparing the closing papers. Very cordially yours, William Wickham Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHDLD, 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 September 26, 1988 Karen J. Stretz, Esq. Wickham, Wickham & Bressler, Main Road, Box 1424 Mattituck, NY 11952 PoCo Re: Appl. for Variance - Richard & Janet Schlumpf 1000-113-9-12 &16) - Prior Owners: Mr. and Mrs. R. Issem Dear Ms. Stretz: Returned herewith are the above documents which we understand you are considering for resubmission, requesting approval under New York Town Law, Section 280-a (over Silkworth Road). As mentioned today, notices to the adjacent property owners are necessary concerning the 280-a request. When submitting the application, with amendments, please include: (a) copies of any Certificates of Occupancy of record, (b) title report prepared by a licensed title insurance company certifying the period of time the lot has been held in single and separate ownership, (c) three maps showing the legal right-of-way and traveled portions thereof which are to be under consideration for 280-a. In reviewing Town records, it appears that the property is shown on the 1916 Map of Point Pleasant, which has not been included on the List of Excepted Subdivisions (Section 100-13) of the Zoning Code, and was split into two one-half acre (+-) lots during 1974 and during the period of one-acre zoning. Yours very truly, lk Enclosures cc: James A. GERARD P. CHAIRM3~N Schondebare, Town Attorney GOEHR~NGER Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, 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. September 26, 1988 Karen J. Stretz, Esq. wickham, Wickham & Bressler, P.C. Main Road, Box 1424 Mattituck, NY 11952 Re: Appl. for Variance - Richard & Janet Schlumpf 1000-113-9-12 (&16) Prior Owners: Mr. and Mrs. R. Issem Dear Ms. Stretz: Returned herewith are the above documents which we understand you are considering for resubmission, requesting approval under New York Town Law, Section 280-a (over silkworth Road) · As mentioned today, notices to the adjacent property owners are necessary concerning the 280-a request. When submitting the application, with amendments, please include: (a) copies of any Certificates of Occupancy of record, (b) title report prepared by a licensed title insurance company certifying the period of time the lot has been held in single and separate ownership, (c) three maps showing the legal right-of-way and traveled portions thereof which are to be under consideration for 280-a. In reviewing Town records, it appears that the property is shown on the 1916 Map of Point Pleasant, which has not been included on the List of Excepted subdivisions (Section 100-13) of the Zoning Code, and was split into two one-half acre (+-) lots during 1974 and during the period of one-acre zoning. Yours very truly, lk Enclosures cc: James A. GERARD P. GOEHRINGER CHAIRMAN Schondebare, Town Attorney Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 ¢:OUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS March 9, 1989 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S .E.Q.R.A. SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI JAMES DINIZIO, JR. Notice of Determination of Non-Si~nificanc~ APPEAL NO.: 3811 PROJECT NAM~E: RICHARD AND JANETSCHLUMPF 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 net to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: (a) construct principal building with an insufficient front yard setback, and (b) Section 280-a for approval of access LOCATION OF PROJECT: Town of Southold, County of, Suffolk, ~ore~ particularly knQwn as: Silkwoth Road extending fr~m tSe east siae Westphalia Ave., Mattituck, NY 1000-113-9-12 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The relief requested is a setback variance as regulated by Section 617.13, 6 NYCRR, SEQRA (3) This is an application concerning use over an existing traveled right-of-way and for requirements satisfactory for emergency access FOR FURTHER INFOPJ~TION, PLEASE CONTACT: Linde Kowalskl, Secretary, Southold Town Board of Appeals, Town }[all, 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 .IUDITH T. TERRY To: OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Southold Town Zoning Board of Appeals Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 From: Judith T. Terry, Southold Town Clerk Dated: December 9, 1988 Transmitted herewith is Zoning Appeal NO. 3811 , application of Richard A. Schlumpf for a variance. Also included is: Notification to Adjacent Property Owners; Short Environmental Assessment Form; I~tter relative to NYS Tidal Wetlands Land Use; Notice,of Disapproval from the Building Department; survey of property; and any other attachments relative to this application. Judith T. Terry Southold Town Clerk WILLIAM W~CKHAM ERIC ~l BRESSLER ABIGAIL a WICKHAM WICKHAM, WICKHAM & BRESSLER, MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND NEW YORK 11952 December 8, 1988 MORTGAGe OFFICE 516-298-5300 Southold Town Board of Appeals Town Hall Main Road Southold, New York 11971 Re: Application for Variance of Richard A. Schlumpf Gentlemen: Enclosed are the following in connection with the above application: 1. Notice of Disapproval, 2. Application in triplicate, 3. Short Environmental Assessment form, 4. Original Notice to Adjoining Owners with Affidavit of Service thereon, 5. Four (4) prints of the survey, 6. Zoning Board of Appeals questionnaire, 7. Photographs of the property, 8. Check in the amount of $150.00, representing the application fee, 9. Authorization by Janet J. Schlumpf, 10. Copy of deed, 11. Copy of letter of nonjurisdiction from Department of Environmental Conservation, 12. Copies of Town Trustees permit, D.E.C. permit, Town Board permit, and Department of the Army Corps of Engineers permit for existing catwalk, ramp, and floatlng pier. 13. Single and separate search, ~4. Three (3) maps with sketches showing the legal right of way and traveled portions thereof which are to be under consideration for 280-a. If you require any further information, please contact us as soon as possible. Very truly yours, Karen J. Stretz KJS:amm enc. .$ I~EASON FOR APPEAl Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sory HARDSHIP because the lot is technically a corner lot by virtue of a private unused right of way along the westerly boundary, but its long and narrow shape makes the construction of a reasonable sized house impossible if the 35 foot front yard set back along the right of way is provided. The lot width at the building line Js approximately85.9?~eet, and the house width is approximately 61.4 feet, with approximately 1,g00 square feet on each floor. In addition, applicant seeks variance to Town Law Section 280A subsection 3 for lack of access to subject premises. 2. The hardship created is UNIQUE and is not shared by oil properties alike in the immediate vicinity of this property and in this use district because this lot is the only corner lot: of its size in the area. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the propased set back on the west side is in keeping with the set-backs of the residence to the East and because the right of way will provide a buffer and a visual set back with respect to the property on the opposite side of the right of way. ) SS ........................... COUNTY OF SUFFOLK ) A"'SC ,gnat · Sworn to this .......... ].5..t..h. ............................. day of.....i~pt:.i .............................. 1988 N/otory Publ~_~ J4-1~-4 I~J~/~--Taxt 12 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) I 2. PnOJECT NAMS- Richard A. Schlumpf SEQR 3. PFlOJEGT LOCATION: Munlclpallly Mattituck Coun~ Suffolk Right of way off Westphalia Ave. at N/E intersection of Siikworth Rd. and Home Pike, Mattituck, New York. Bounded W/Silkworth Rd., S/Home Pike, E/Issem, N/Howard's Branch of Mattituck Creek. J~New r""J Expansion J~ Modiflcstionlsltefsfioe To build a residence 7. AMOUNT OF LANO AFFECTED: Initially · 5 5 acres Ultimately . ~ ~ acres E. WILL PROPOSED ACTION COMPLY WiTH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? r'] Yes [] NO If NO, describe briefly The lot has one ;nsuff;cient front: yard on one of the two front yards. g. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ~ Residential [] InOustrtal [] Commercial [] Agriculture [] Park/Forest/Open space [] Othel' 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [~ Yes [] NO If yes, list agency(s) and permiUapprovais 1) Health Department: - pending 2) Board of Trustees, Town of Southold for letter of Non-jurisdiction ~) RH; lrl;n,~ n~ertment - To~-:n of Southo!~ 11. DO~:'~ ANY ASI~'ECT ~F THE ACTION HAVE A CURRENTLY VALID ~ERMIT OR APPROVAL? [] Yes [] NO If ye~. list agency name and petm;tla0proval 12, AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? [] Yes J'~ No I CERTIFY THAT THE ~NFORMATION PROVIDED ABOVE IS TRUE TO THE REST OF MY KNOWLEDGE Date: Apri 1 AppUca~Uspons~*r Signature If the action is in the Coastal Area, and you are a s~ate agency, c3m~te~ Coastal Assessment Form before proceeding with this assessment OVER I (Continued on reverse I side) 15, 1988 The N.Y.S. Environmental Quality Review Act requires s~bmission of this form, and an enviromnental review will oe made by this board before any action is taken. SHORT ENVIRONMENTAL ASSESS~tENT FO~M 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%he action. It is not expected that additional studies, research Or other investigations will be undertaken. (b) If any question has been answered Yes the p~oject 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) Environmental Assessment 1. Will project result in a large physical change to the project site or physically alter more than l0 acres of land? __~es X__NO 2. Will there be a major change to any unique or unusual land form on the site? __Yes X NO 3. Will project alter or have a large effect on an existing body of water? .__Yes 4. Will project have a potentially large impact on Yes X NO groundwater quality? 5. Will project significantly effect drainage flow on adjacent sites? Yes X No 6. will project affect any threatened or endangered plant or animal species? __Yes X No 7. Will project result in a major adverse effect on air quality? __Yes X No 8. Will project have a major effect on visual char- acter of the co,unity or scenic views or vistas known to be important to the community? Yes XNo 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontologiual importance or any site designated as a critical envircamental area by a local agency? __Yes ~ No 10. Will project have a major effect on existing or future recreational opportunities? .__Yes X__No ll. will project result in major traffic problems or cause a major effect to existing transportation Yes × No systems? 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ante as a result of the project's operation? __Yes X NO !3 Wi][ project have any impact on public health or safety? __Yes 'X 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 X NO period or have a major negative effect on the charact~of the community or neighborhood? 15. Is there public controversy conc~nin~ the . Yes l~epresenting: / D&te: April 15, 1988 ZBA ~/75 / April/~, 1988 This letter is to confirm that Richard A. Schlumpf is authorized to act on my behalf for the variance for a building permit for the property we own at Silkworth Road, Mattituck, Suffolk County Tax Map number 1000-113-9-12, and is authorized to communicate with the Southold Town Building Department and Zoning Board of Appeals, and to do related acts necessary for acquiring a building permit for a residence on said property. New York State Department of Environmental Conservation Building 40--SUNY, Stony Brook, New York 11794 Dear , ,'1 A review has bee~ made of your proposal B~ed on the information you have submitted, the New York State Department nvironmental Conservation has determined that the parcel project is: Greater than 300' from inventoried tidal wetlands. Landward of a substantial man-made structure greater than 100' in length which was constructed prior to 9/20/77. Landward of the 10' above mean sea level elevation contour on a gradual, natural slope. Landward of the topographic crest of a bluff, cliff or dune which is greater than 10' in elevation above mean sea level. Therefore, no permit is required under the Tidal Wetlands Act (Article 25 of the Environmental Conservation Law). Please be advised, however, that no construction, sedimentation or disturbance of any kind may take place seaward of the 10' contour or topographic crest without a permit. It is your responsibility to ensure that all necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation in this area as a result of your project. Such precautions may include providing adequate work area between the 10' contour or topographic crest and the project (i.e. a 15' to 20' wide construction area) or erection of a temporary fence, barrier, or hay bale berm. Please note that any additional work, or modification to the project as described, may require authorization by this Department. Please contact this office if such are contemplated. Please be further advised that this letter does not relieve you of the responsibility of obtaining any necessary permits or approvals from other agencies. Very truly yours, Deputy Regional Permit Administrator ALL ~LE Board Of Southold Town Trustees SOUTHOLD, NEW YORK PERMIT NO. !Z~O DATE: ...A..~.~i~. ISSUED TO Rtc~rd A. Scl~lumpf Authorization Pursuant to the prov;s;ons of Chapter 61~5 of the Laws of the State of New YorE, 1,8.93; and Chapter 404 of the Laws of the State of New Yore 1952, and the Southold Town Ordinance eh- titled "REGULATING AND THE PLACING OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS and the REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS;" end in accordance with the Resolution of The Boord adopted et a meeting held on ..~P~:~.!......2~ 19....~0., and in consideration of the sum of $...~..~......,..~ ....... paid by ................................................. ..**~***.~..~.u/.~p., ....~...,. ................ '.. of ......~?~:~ ........................... : ................ N. Y. and subieot to th* Terms end C~ndd,ons listed on the reverse side hereof, of Southold Town Trustees authorizes and permits the following: placement of ~' x ~0' catwalk, ~' x 15' ramp, 10' x 20' float and 2 pile clusters to secure at private property of applicant at Ho~rd's Creek all in accordance with the detailed spe¢iticafions' as presented in the originating application. IN WITNESS WHEREOF, The said Board of Trustees here- by causes its Corporate Seal to be affixed, and these presents to be. subscribed by a majority of the said Board as of this dat~. Tr~te#t TERIdS end CONDmONS Richard A. Schlumpf was oriBimlly 4. 'Iht &e work involved will be subject to the ~ iud Ip~o~l o/ dm ikmd or in a~ems, ~d noa-com~,ti,,,~- v~h [he provisiom a/dm ~ IpplJcldo~. mt7 be clme for ~voc~tlon of d~ P,~,~t by molm~oa at the nM BoLd. 7. Thaz ~f furore olx2'~oas of the Town of Southold require the remov~ Ind/m slmrtdom i~ the lo(mtlon of die wod[ herein mthot'iz~, or if, in Ihe opioiaa of the BoLKI M Tmstee~ dm work shall aiuse unre&q(moble absu'm:uoo to free ,,*vi~ d~e uld Pesm~ee will be re~ ulxm due notice, to m~ove a~ alter this wodc o~ projec~ berdn suted wkbout ~ m ~ T~ 8. That the soid Botrd will be mxified b7 the Permi~ee m the cmnpletbm o~ Ibc woek ~" orbed. Sa. That dne Permlttee will M)uda ill oiber l~'m~lndamset~d~tmlybewlui~dm~· plemenul to d~ pennit which mey be subject to mob upoa fiilure to olxdn lame. PERMIT SIGN No. '~/ 15272-0123 has been issued to: VAchard A. Schlu~pf By: En-Consultants address: 32 Cuttle Path, East Northport, Nme York 11731 for: ~.t~ct a 4' · 40~ timber pile cacvalk, 4~ · 15' ramp and 20' · 12~ floatlng dock, Project sloe is located on south shore of Hovard~s Cree~ on parcel aituated at northeast corner of $ilk~orch Road ~nd Bome Plke Road. under the' Environmental Conservation Law, Article 15, [Protection of Water) Article 24, [Freshwater Wetlands) Article 25, [Tidal Wetlands] Article 36, [Construction in Flood Hazard Areas) New York State Department of Environmental Conservation /~er~mit~inistrator 4/25/80 Date Issued (9/'/5) Formerly 6/30/81 Expiration Date TOWN OF SOUTHOLD TOWN CLERK'S OFFICE SOUTHOLD, NEW YORK WETLANDS PERMIT This Wetlands Permit No....................32 has been granted by ~he Southold Town Board acco~din9 to · Richard A. Schl..mp..~f information furnished in Application No....4..6. ............. flied by Apphcant .......................................... ~. February 19 80 ....................................................................... 19 .......... A map of ',he proposed work will be kept on file in the Tow~ Clerk's Office under the application number given. Permit granted to do the following work construct catwalk and floating dock for then hour se of mooring a boat. ..... .. .......................................... Lot #1, )/ap No. 720, "Point Pleasant" Location of property on which work to be done ......................................................................... Home Pike Road, Mattituck, New York. ' . ............................................................................................................................. · ............. ......................................................... · .................................................................... ?..: .................... Howard's Creek - Creek, Bay or He~oor frontihg prope~y ..................................................................... , .............. ~'"'.~ 40 ft. 1on catwalk ~ ...~.. Size of work: Len~gh ............................. .g.. ............................................................ :7' '~7.~ ', ,., Width 4 ft wide catwalk Height Above High Water 2 ft. 6 Depth Below Low Water none Yards to be Excavated .........n..o...n..e. .................................................................................... Yards to be Filled none Menner in which metarial is to be removed or oaposne~ .................................................. none Conditions if any ......... : ........................................................................................................................... Number of Inspections Required ..~.~.~..~. .................................................................................................. inspection Fees ........................................ Liability Policies in the Amount of .................................................... The validity of this permit is or may be subject to the approval of other governmental or municipei authorities. The Town accepts no responsibility in applying for or obtaining such approval. In the event that such approval is necessary, the holder of this permit shall not commence operations here- under until such approval has been obtained in writing. The failure to obtain such o~her approval when required shall subject this permit to immediate revocation by the Town Clerk upon receipt by the Town Clerk of writ/eh notice from such other ~overnmental or municipel authorities of i~ refoaal or disapproval. / / DEPARTMENT OF THE ARMY CORPS OF ENGINEERS NOTICE IF AgTIIOIIZATION 2~ ~ 19 80 A PERMIT TO construct a eaCvalk, ~amp and floaCln8 pier in Hova~d*e (:reek, llacciCuck Creek AT HatciCuck, Su££olk Councy, Ney York HAS BEEN ISSUED TO ~Lchard A. Schlump£ ADDRESS OF PERMITTEE 32 Curtis Path Ease lkmChport, 1~ 11331 PERMIT NUMBER 11415 ~ 29 Nay 19 80 Colonel, Corps of Ensineere TillS NOTICE MUST BE CONSPICUOUSLY DISPLAY~ AT THE SITE OF WORK. COMMONWeAlTH LAND TITLE INSURANCE COMPANY A Reliance Group Holdings Company COMMONWEALTH LAND TITLE INSURANCE COMPANY does hereby certify to: WlCKHAI4, WlCKI'IAN & BRESSLER, P.C. THAT it has caused a search to be made in the Office of the Clerk of the County of Suffolk, in the State of New York, against the premises described herein and premises adjacent thereto on all sides from 2/24/26 to date to ascertain the fee chain of title respecting said premises described herein; and the premises abutting since 2/24/26 and has found only the returns as set forth herein on the following pages as they bear on record title; and DOES certify that "the owners of the premises described herein have owned the same in single and separate ownership as defined by law during this period of time, except as otherwise shown herein." THIS Company's liability is limited to One Thousand ($1,000.00) Dollars for negligence only. NO policy of insurance is to be issued hereunder. COMMONWEALTH LAND TITLE INSURANCE COMPANY ROBERT H. GAFFGA TITLE OFFICER DATED: 09/21/88 TITLE NUMBER: G-629-969-S 611 E. Main Street, RO. Box 419, Riverhead, New York 11901 · Eastern Suffolk: 516-727-7760 TITLE INSURANCE SINCE 1876 CHAIN OF TITLE FOR SUBJECT PRENISES: 1000 113o00 09.00 012.000 WALTER C. GRABIE AND ELEANOR L. GRABIE, HiS WIFE TO: WILLIAM EASTMAN DATE: 02/24/26 RECD: 03/08/26 LIBER: 1168 CP 515 WILLIAM EASTMAN AND KATHERINE EASTMAN, HIS WIFE TO: KARL E. GUILER AND VIRGINIA GUILER, HIS WIFE DATE: 10/17/57 RECD: 11/04/57 LIBER: 4386 CP 441 KARL E. GUILER AND VIRGINIA GUILER, HIS WIFE TO: IRVING W. SCHAEF, SR. AND ELSIE G. SCHAEF, HIS WIFE DATE: 08/04/62 RECD: 08/09/62 LIBER: 5211CP 414 IRVING W. SCHAEF, SR. AND ELSIE G. SCHAEF, HIS WIFE TO: ALBERT L. WOR]}IEN, JR. AND MARION L. WORTHEN, HIS WIFE DATE: 10/12/63 RECD: 10/18/63 LIBER: 5435 CP 406 CONTINUED... Riverhead, New York Sworn to before me this II'~t~ DAY COMMONWEALTH LAND By: ~~ ROBERT GAFFGA TITLE OFFICER CHAIN OF TITLE FOR SUBJECT PRENISES: 1000 113.00 09.00 012.000 (CONT I NUED... ) ALBERT L. WORTHEN, JR. AND MARION L. WORTHEN, HIS WIFE TO: RAYMOND K. ISSEM AND CAROLYN H. ISSEIM, HIS WIFE DATE: 01/26/72 RECD: 02/28/72 LIBER: 7113 CP 547 RAYMOND K. ISSEM AND CAROLYN H. ISSEM, HIS WIFE TO: RICHARD A. SCHLUMPF AND JANET J. SCHLUMPF, HIS WIFE DATE: 08/24/74 RECD: 08/27/74 LIBER: 7702 CP 323 LAST RECORD OWNER. Riverhead, New York Sworn to before me this COMMONWEALTH LAND~~ I NSURA.~ICE-~OMPANY ROBERT GAF FGA T I TLE OFF I CER CHAIN OF TITLE FOR PRENISES ADJACENT NORTH: "HATT I TICK CREEK" Rlverhead, New York Sworn to before me this t~l~ DAY OF~i~,~ 19~ COMMONWEALTH LAND TI By: "~ ~'"'""~"~' TITLE OFFICER CHAIN OF TITLE FOR PRENISES ADJACENT ERST: 1000 115.00 09.00 016.000 WALTER C. GRABIE AND ELEANOR L. GRABIE, HIS WIFE TO: WILLIAM EASTMAN DATE: 02/24/26 RECD: 03/08/26 LIBER: 1168 CP 515 WILLIAM EASTMAN AND KATHERINE EASTMAN, HIS WIFE TO: KARL E. GUILER AND VIRGINIA GUILER, HIS WIFE DATE: 10/17/57 RECD: 11/04/57 LIBER: 4386 CP 441 KARL E. GUILER AND VIRGINIA GUILER, HIS WIFE TO: IRVING W. SCHAEF, SR. AND ELSIE G. SCHAEF, HIS WIFE DATE: 08/04/62 RECD: 08/09/62 LIBER: 5211CP 414 IRVING W. SCHAEF, SR. AND ELSIE G. SCHAEF, HIS WIFE TO: ALBERT L. WORTHEN, JR. AND MARION L. WORTHEN, HIS WIFE DATE: 10/12/63 RECD: 10/18/63 LIBER: 5435 CP 406 CONTINUED... Riverhead, New York Sworn to before me th is 0^Y COMMONWEALTH LAND T~LE By.. TITLE OFFIOER CHAIN OF TITLE FOR PREMISES ADJACENT EAST: 1000 113.00 09.00 016.000 (CONTINUED...) ALBERT L. WORTHEN, JR. AND MARION L. WORTHEN, HIS WIFE TO: RAYMOND K. ISSEM AND CAROLYN H. ISSEM, HIS WIFE DATE: 01/26/72 RECD: 02/28/72 LIOER: 7113 CP 547 RAYMOND K. ISSEM AND CAROLYN H. ISSEM, HIS WIFE TO: RICHARD A. SCHLUMPF AND JANET J. SCHLUMPF, HIS WIFE DATE: 08/24/74 RECD: 08/27/74 LIBER: 7702 CP 323 RAYMOND K. ISSEM AND CAROLYN H. ISSEM, HIS WIFE TO: RAYMOND K. ISSEM DATE: 02/11/72 RECD: 02/28/72 LIBER: 7113 CP 549 RAYMOND K. ISSEM TO: RAYMOND K. ISSEM AND CAROLYN H. ISSEM, HIS WIFE DATE: 08/24/74 RECD: 08/27/74 LIBER: 7702 CP 325 LAST RECORD OWNER. Riverhead, New York Sworn to before me this Qualified ia Suffolk ¢ommlulon r:q~'ee ~ CHAIN OF TITLE FOR PREHISES ADJACENT SOUTH: "HOHE PIKE" Riverhead, New York Sworn to before me this t tJ~ DAY OF(~L. 1 NotaW Publi~, State of New ~ No. 4911768 Qualified in Sulf~k C~mty Commission Ex~ N(;w,eml~l~ ~,, I~,,,~TI COMMONWEALTH LAND T/~-E ,,su,~.~. ~..; ~_ .',' ROBERTgAFFGA' / ~ TITLE OFFICER CHAIN OF TITLE FOR PRENISES ADJACENT t/EST: "S I LKt/ORTH ROAD" Riverhead, New York Sworn to before me th is No. 4~11768 ~/f~d~ in Suffolk County 1L~ F. xpire~ November 2, OOMMO NWEA]._T..H LAND T I/TmL E · I~INDENTUlt~n~kt~ 24th ~y~ August ,mn ..... hund~d~d seventy-four ~er'- Ta~'~ ~ K. ISS~and ~OL~H. IS~f his wife, residing Transzer Ta~ ~t 9 Dillon Drive, Dix Hills, New xorK, · part}' of ~ lin. st lift, ~nd RICHARD/SCHLUMPF, and JANET J. SCHLUMPF, his wife, residing at 32 Curtis Path, East Northport, New Yor] m.y of the ~oond p~* * --..,w,,t~ .~ the --,q~ of the first m~ ~ eon~dera~ ~ Tm Doll.s ~d oth~ val~b)e consi.de~. '.on ~, ,u~m~ and aw~ o! t~ ~ ~ the W:ond 1~ · . ..... i~dbd~e Village of ~attituck, Town oz ~ou:no~, uoun=~ ~ Suffolk and State of New York, known and designated as ~ot Number 1 on a certain map entitled, "~ap of Point Pleasant," dated April, 1916, Frsnk}!n ~. Overton, surveyor," and filed in the Office of the Clerk of the County of Suffolk on May 17, 1916 as Map No. 720. TOGETHER with all the right~'title and interest of the party of the first part of, in and to that portion of land below high water ma~ and under the waters of Eo~ard's creek adjacent to said premises. TOGETHER with a free and unobstructed right-of-way over the road bordering on above described property to the main highway known as ~estphalis Avenue, SgBJECT to covenants and restrictions of record affecting said premises. BEING AND IN~ENDED TO BE a part of' the premises conveyed to the grantors here~n by deed dated ~anuary 2~, 1972 and recorded February 28~ ~972 in L~ber 7113 of deeds at p~ge 547. TOGir. TH .ER w. ith ~11 ri ,ght, t!tle.and in. retest, !f amy,.of the l~rty o! the first part in a.n.d t.o ~ny stteeu .nd reocl· ahuttm~ the aeove aesermeo premises to the center lines thereof; TOGETHER with the appurtenances and all the estate. ~md rights of the l~rty of ~ first p&rt in and to said premises; TO HAVE AND TO HOLD the premises herein gr~nted unto the pzrty of the second pm't, the heirs or successors and assigns of the par~y of the second part forever. ~ ~ t~e ~id 9r~i~s bye ~ e~m~r~ in ~y ~y w~t~er, exc~ is ~ormm. ~ ~mrtv o(the 6rst ~, in ~mpli~ce with ~ ~3 ~ t~ Lien ~w, ~ts t~ ~ ~y.~f = ;C'r '7- ~ ~ill ~ve t~ consld~n f~ t~s m~ ~d will hold the ~t ~ ~ve s~ m~a- t q~ n~t ~K · . . ~ ~t~ as a t~st fund to ~ a~H~ first for Ge ~ of ~ t~ ~t of the ~pr~t ~d ~11 a~y ~ ~me first to the ~t 9f ~e ~st of the imw~ent ~ore using any ~ st the ~ M ~ ~ t~ ~rd "p~y d~ll ~ ~n~m~ u if it ~ "~ies" w~n~er ~e ~n~ of this ind~tu~ m ~r~. ~,~ ~F, t~ ~y .of t~ ~ ~ ~ duly ~t~ ~is d~ ~ ~y ~ y~r ~ ~ YORK I. 0 0 Onthe 24thd~yof August, 19 74,heforemejOntha da);of 19 .heforeme personally came RAYMOND K. ISSEM and j personally came CAROLYN H. ISSEH, hi. ~b~dhand whot : to-- I--.-. ~. b ,b ;,,d;~dmlS i to me known~t~ be .the .individual desc~%ed in and who m~ ....... .'" ~" _~P~-__. _, ._L---..t.~--.4 *k.* I executed the fore~om~ instrument, and Kknowledged that executed the fore~mn~ inatpmnem, an~ a,.~,,,,-,~-,s-- '--I --...+~ ,Th same. ~OTAII, T PUBLIC, STATE OF I~W Y0tt~ Mo. 62-42.q9000 Suffolk C4uut? S?AT! Of NIW yORK, COUNTY. OP . . . est On the day of 19 , before me personally came to me known, wl~., Ix~nG _by me duly sworn, did depose ~nd say that he resld~ at No. . that be is the of ,the. eor~ora*;on descri .heal in and which ex~. t~ the fol..lng mstrnment; that he knows the seal of smd corporation; that the ~ effhted to said instrument is such corporate seal; that it was so t~, ~nd that '. be'~ .L~ed h' name. thereto ~ me o~er. nA~;p NEW yOmC, CO~t4TY OF set day of" : Ic) , before me personally came ' . the subscribing witness to th.e foregoing i.nstrument, with who~ x ? pe..o~!y ~q.~,nt~., w~o:.heiK.b~ ,~e dnZy sworn, did depose and say tlut he resmes ~t ~o. ; that be knows to be the individual described in and who executed the foregoln~ instrument; that he, said subscribing witness, was present end saw execute the same; and that he, said witness, et the same time subscn%ed h name as witness thereto. ~atgain anb ~lt ~etb ...... . . - %~ITI-[ COVENANT AGAINST GKANTOI~S ACTS ...... BLO~K TITLB NO. .......... LOT COUNTY OK TOWN RAYMOND K. ISSEM and :CAROLYN H. ISSEM, his wife, ?O RICHARD SCH~;UMPF ' T ' ' NEWYORK .... Recb'rdbd At Iqequbst of The Title Guarantee CO~pany IBT~RN BY MAIL TO: Wickham.& Lark, 'P.C. P.O. Box 1424 Mattituck, New York 11952 Zip No. QUESTIONNAI,RE TO BE COMPLETED AND SUBMITTED ~TH YOUR APPLICATION FORMS TO THE BOARD OF APPEALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch), to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours? Yes N~ 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.) No b)Are there any areas open to a waterway without bulkhead?~ No 3. Are there existing structures at or below ground level, such as patios, foundations, etc? 4'× 40' Catwalk, 4' x 15' No Ramp, 10' x 20' Float 4. Arebarriers, there decks, any existingetc? or proposed fences, cpncrete Yes 5. If project is proposed for an accessory building or structure, i~ total height at more than 18 feet above average ground--~l? State total: ft. N/A Yes No 6. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground--~l? State total: 15.6 ft. Yes 7. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. ~ No Easterly ½ of Right of way-- Silkworth Road 8. Are there any building permits pending on this parcel (or abutting land under your ownership, if any)? Yes State Permit ~ and Nature: Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning Board Yes ~ Town Board Yes Trustees AoDlication for letter of Nnn-i,,ri~diction~NO~ Town County Health Department H.S. Ref. No. 88-S0-~1 - <Ye~ No Village of Greenport Yes ~ N.Y.S.D.E.C. Yes ~ Other Yes 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from contract) Yes 11. Is new construction proposed in the area of contours ~ at 5 feet or less as exists? Yes 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 ~bove 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? N/A Yes NO 13. Please list present use or operations conducted upon the subject property at this time _Catwalk, Ram~ $ Float and proposed Two story residence Please submit photographs for the record. I certify that the above statements are true and are being submitted for reliance by the Board of .~ppe~As in considering my application. ~t ~(Authorized Agent)~' Signature (PrOper y OwnS) ~ RICHARD A.S~I~LUMPF 1/,8 .... OF C) (~) COUNTY OF SUFFOLK Reap Property Tax Service Agenl 113 OWNER FORMER OWNER RES. 3t/ SEAS. LAND IMP. '00 0 AGE Tillable 1 Tillable 2 · Tillable 3 .- ' Woodland Swampland . Brushland House Plot · TOWN TOTAL OF $0UTHOLD!< PROPERTY~ RECORD CARD STREET VI LLAGE N LOT DATE E ACR. W TYPE OF BUILDING COMM. CB. MISC. Mkt. Value REMARKS BUILDING COK NORMAL Acre BELOW Value Per Acre ABOVE Value FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD DOCK TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET u,, ..... ..~ , ~.r_l;; , v I Ll-I~'gl: Ulbl. "'U I:1. LOT .~.~ /~w,~,, // T~.(~,.1 .,~.~.f ?v/ r~. x/,.+f//~,c/.~ 9 FOR/'~ER OWNER N E A~CR... ' S W TYPE OF BJILDING RES...~/O ~ SEAS. VL. I FARM I CO/AM. CB. MlCS. Mkt Vnl,,~ ~c~.~,4/~ ~r_~. v~.. j h~,K/v~ j L. UI~Vt. L.~. MI~5. Mkt. Value ~ND IMP. TOTAL DATE REMARKS W~land FRONTAGE ON ROAD ~O ~ ~3 Meadowland DEPTH House Plot J BULKH~D Total AA. Bldg, Extension Extension Extension Porch Foundation E~asement Ext. Walls Breezeway :ire Place Garage I'ype Roof Patio P, ecreation Room ~)ormer Total ?/~ Both F~/I' F,oo~ ' Interior Finish Heat Rooms 1st Floor Rooms 2nd Floor Driveway . r ' Dinette Ko LR. DR. BR, ,~,.'., ~ OF (~) COUNTY OF SUFFOLK ,O,.OF SOUTHOLD '.,c,,~,,.. Real Properly Tax Service Agency ,,,,,~,of_ j j ~ BOARD OF APPEALS. TOWN OF SOUTHOLD : In the Matter o~ the Petition of : : NOTICE : TO I[o the Board of Appeals of the Town of Southold : ADJACENT TO: Raymond K. Issem, 1055 Pt. Pleasant Road, Mattituck, PROPERTY OWNER New York 11952 Robert G. Smith and Maryann Smith, IO35 Park Avenue, New York, New York 10028 Julius & Mildred Seeth, Mattituck, NY 11952; Kenneth O. Brown, Wickham Ave., Mattituck, NY 11952; Thomas V. Perillo & William B. Carmen, 87 Old Country Rd., Melville, NY 11747; Lawrence Huke, 3 Fanning Ave., Hampton Bays, NY 11946; YOU ARE HEREBY GIVEN NOTICE: 1. ThlgALL~he intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a ~) (Special Exception) (Special Permit) (Or. he:) [circle choice] ). 2. Thatthe property whichisthesubjectofthe Petitionislocated adjacentto your property andisdes- cribed~follows:Riqht of way off Westphalia Ave. at N/E intersection of Silkwor~h Road and Home Pike, Mattituck, New York. Bounded W/Silkworth Road~ S/Home Pike~ E/Issem~ N/Howard'$ Branch of Mattituck CreRk. 3. Thatthe property whichisthesubectofsuch Petitionislocatedinthefollowingzoning district: A- Residentlal/Agricultura 4. That by such Petition, the undersigned will request the following relief: To bul id a residence on a corner lot with nne in~,lffi~i~nt Front y~rH $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- si~,ned are Article Ili Sect_Lorn 100-31 [×] 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 flied in the Southoid Town Clerk's Office at Main Road, Southoid, New York and you may then and there examine the same during regular office hours. {516) 765--1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Petitioner ~ichard A. ~umpf Owners'Names: / Janet J. Schlump Post OfficeAddr~s c./o: Wickham, Wickham ~ Bressler, PO Box 1424, Mattituck, NY Tel. No. ~ 516 ) 298-8353 11952 [Copy of sketch or plan showing prop0sal to be attached for convenience purposes,] P F M I N TI E ATTAC.. RECEIPTS CERTIFIED MAIL ADDRESS p 709 928 911 · PT FOR cERTtFIED MAlt (See Reverse) STATE OF NEW YORK ) COUNTY OF SUFFOLK ) .~,~.,~.~"~.4~, 'f/~ I/gSY , being duly swor~, depo~ ~ says that on the q t"L day of ~~-~ ,19 ~ ~ , deponent mailed a true copy of the Notice ~t forth on the re- ve~ side hereof, directed to each of the above-named ~rsons ar the addresses set opposite thor r~tive namm; that the addresses set opposite the names of said ~rsons are the addr~ses of said persons as shown on the current assmsment roll of the Town of Somhold; that ~id Notic~ were mailed fi --,~/~ZL~ ~ ~G~' ////~? ;that said Notices were maiied to each of ~id persons by mad. Sworn to before me ,~is No~y'P~blic (This side does not have to be completed on form transmitted to adjoining property owners.) I PLOT PLAN SCALE I" = 50'-0' NOTE ~ I AM FAMILIAR WITH THE STANDARDS FOR APPROVAL SECTION I1~ BLOCK. 9 LOT.12 AND CONSTRUCTION OF SUBSURFACE SEWAGE DISPOSAL SYSTEHS FOR. SINGLE FAHILY RESIDENCES AND WILL # MAP. OF POINT PLEASANT"MAP N0.720 ~BIDE B~ THE CONDITIONS SET FORT. ?HE.IN APPUCANT, RICHARD A~. SCHLUMPF ~ dANET d..~?,HUJMPF ~'~- ~'h~~ (516) 422-1666 PROPOSED PRIVATE DWELLING AT MATTITUCK TOWN OF SOUTHOLD, SUFFOLK COUNTY, N.Y. ORGGOI~ M) rlTUCI \ \ LOCATION 0~.. ' VACANT LOT · x, x~- _~¢' ~-~ ~' ~' i~, ~ ,. , 5 [ Io55 reEK AvE. NZ,N.Y im2e X ,. ~ . ., . PLOT POINT PLEASANT YORK $o' ISLAND STRUCTURES, INC.' 925 Sunrise Highway West Isllp, New York 11795 ~ DESIGN · BUILD (516) 6~9-069~ LOT ~IE MATTITUCK , 9 LICENSED ENGINEERING ~ERVICE8 C-I