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HomeMy WebLinkAbout3832 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKt JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX NO. (516) 765-1823 ACTION OF THE BOARD OF APPEALS Appeal No. 3832: Upon application of JOHN FORSBERG for a Variance to the Zoning Ordinance, Article XXIV, Section 100-242 (and Article III-A, Section 100-30A.3) for permission to construct deck(s) to existing single-family dwelling structure, maintaining the nonconforming sideyard setback as exists at the westerly side. Location of Property: 1310 West Road, Cutchogue, NY; County Tax Map District 1000, Section 110, Block 5, Lot 12. WHEREAS, a public hearing was held on April 13, 1989, in the Matter of the Application of JOHN FORSBERG under Appeal No. 3832; 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: 1. The premises in question is located in the "Low Density Residential R-40 Zoning District and is identified on the Suffolk County Tax Maps as District 1000, Section 110, Block 5, Lot 12. 2. The subject premises as exists: (a) contains a total lot area of 11,600+- square feet; (b) has a total frontage (lot width) along the north side of West Road of 50 feet; Southold Town Board of Appeals -2- April 27, 1989 Special Meeting (Appl. No. 3832 - FORSBERG decision, continued:) (c) is improved with a single-family dwelling, one-family cottage, and accessory private garage, all as more particularly shown on the Map prepared by Atden W. Young, L.S. dated November 19, 1969, and referenced in Certificate of Occupancy No. Z6504 dated June 3, 1975. 3. The relief requested by this application is for permission to construct an open deck addition extending from the rear of Dwelling #1, 20 feet wide and 25 feet long, in line with the existing line of the westerly side of the house, and as shown on the sketched copy of survey submitted with the application. The setback as requested appears to be at approximately two feet, or slightly more than the established nonconforming sideyard setback at 1.7 feet. 4. Article III-A, Section 100-32-A and Column ii of the Zoning Code (Bulk Schedule) requires minimum sideyards at 15 and 20, for a total of 35 feet for a principal structure. 5. Article XXIV, Section 100-244B permits a side yard reduction for a principal structure to minimums of 10 and 15, for a total of 25 feet for lots containing less than 20,000 sq. ft. in area, which of course is applicable in this case since this lot contains a lot area of approximately 11,600 and the lot appears to have been held in single and separate ownership. 6. Reference was made by Board Members to a prior determination of the Board of Appeals in the Matter of the Application of James F. Druck III under Appl. No. 3210 rendered April 19, 1984, which received similar alternative relief for an extension of the nonconforming sideyard at four feet (instead of the requested 1.69 feet). 7. In considering this application, the Board finds and determines: (a) that the circumstances of the nonconforming property and building lend to the uniqueness of this application; (b that the relief as alternatively granted is a lesser reasonable variance than that requested; (c) that the granted of a variance with alternative relief will not cause a substantial adverse effect of increased dwelling density thus produced on available governmental facilities; (d) the variance as alternatively granted will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience, order of the town; Southold Town Board of Appeals -3- April 27, 1989 Special Meeting (Appl. No. 3832 - FORSBERG decision, continued:) (e) in view of the manner in which the difficulty arose and in consideration of all the above factors, the interests of justice will be served by granting this application, as applied and further noted below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Dinizio, it was RESOLVED, that the relief as requested maintaining the existing nonconforming sideyard at 1.7 is hereby DENIED as applied; and IT WAS FURTHER RESOLVED, TO GRANT ALTERNATIVE RELIEF FOR THE PROPOSED OPEN-DECK CONSTRUCTION, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the setback from the westerly side yard for the proposed open deck be not closer than three feet; 2. That the deck remain open, unenclosed and unroofed (as applied); 3. That there be no lighting which will be adverse to neighboring properties. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Sawicki and Dinizio. (Me, er Doyen, of Fishers Island, was absent as agreed.) This resolution was duly adopted. lk GERJkRD P. GOEHRINGER, SOUTHOLD TOWN BOARD OF APPEALS ilECEIVED AND FILED BY THE SOUTHOLD TO~VN CUf'.?tl~l Town Cl-crk, Town of Southold Southolcl Town Board of Appeals APPEALS BOARD MEMBERS GERARD P, GOEHRINGER. CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN, JR. JOSEPH H. SAWlCK[ JAMES DINIZIO, JR. NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, APRIL 13, 1989, at the following times: 35 p.m. Appl. No. 3832 - JOHN FORSBERG. Variance to the Zoning Ordinance, Article XXIV, Section 100'242 (and Article III-A, Section 100-30A.3) for permission to construct deck(s) to existing single-family dwelling structure, maintaining the nonconforming sideyard setback as exists at the westerly side. Lot area of premises is nonconforming at approximately 11,500 sq. ft. in this R-40 Zone District. Location of Property: 1310 West Road, Cutchogue, NY; 7:40 p.m. Appl. No. 3839 Zoning Ordinance, Article III, County Tax Map No. 1000-110-5-12. - DIANE DUNBAR. Variance to the Section 100-31 as disapproved, Article III-A, Section 100-30A.3 and Article XXIV, Section 100-242B for permission to construct open deck addition with an Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of April 13, 1989 insufficient setback from the front property line along Dogwood Lane (west). Lot area of premises is nonconforming at 16,423+- square feet in this R-40 Zone District. Location of Property: 615 Dogwood Lane, East Marion; Map of Gardiners Bay Estates, Section 2, Lot Nos. 98 and 99; County Tax Map No. 1000-37-1-11. 7:45 p.m. Appl. No. 3833 - PETER DESANCTIS. Variance to the Zoning Ordinance, Article III-A, Section 100-30A.3 for approval of open deck addition with an insufficient setback from the southerly side property line, adjacent to existing fence enclosure. Lot area of premises is nonconforming at approximately 26,964 sq. ft. in this R-40 Zone District. Location of Property: 380 Inlet Lane, Greenport, NY; County Tax Map No. 1000-43-5-2. 7:50 p.m. Appl. No. 3836 - ANNA SCHALLER. Variance to the Zoning Ordinance, Article III, Section 100-31 as disapproved, Article III-A, Section 100-30A.3, and Article XXIV, Section 100-242B for permission to construct (garage) addition with an insufficient setback from the northerly side property line and ~age 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of April 13, 1989 insufficient total sideyards. Lot area of premises is nonconforming at approximately 11,718 sq. ft. in this R-40 Zone District. Location of Property: 115 Parson's Boulevard (Private Road), East Marion, NY; Map of Gardiners Bay Estates, Lot 77 and part of 78; County Tax Map Parcel No. 1000-37-2-5. 7:55 p.m. Appl. No. 3837 - WAYNE L. AND TERESA A. MAZZAFERt{O. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 and Article III-A, Section 100-30A.3 for permission 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. Lot area of premises is nonconforming at ~0,000 sq. ft. in this R-40 Zone District. Location of Property: 1650 Gillette Drive, East Marion, NY; Map of Marion Manor, Lot #17; County Tax Map Parcel No. 1000-38-2-17. 8:00 p.m. Appl. No. 3835SE - ARTHUR V. JUNGE, INC. Amendment to Special Exception Granted under Appl. No. 3705 under Article VIII, Section 100-80B of the prior Zoning Regulations for this previously zoned C-Light Industrial Zone District, now re-zoned to Light Industrial, Article XIV, Section 100-141, to include establishment of car repairs with outside storage and future occupancy of vacant building area at easterly ~age 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of April 13, 1989 side of building (a use to be a permitted use in this Zone District). Location of Property: 22355 C.R. 48, Cutchogue, County Tax Map District 1000, Section 96, Block 1, Lot 19; containing 45,589+- sq. ft. in lot area. 8:05 p.m. Appl. No. 3834 - FRANK CURRAN. Variance to the Zoning Ordinance, Article III-A, Section 100-30A.3, and Article ]CXIV, Section 100-242, for an amendment to prior Z.B.A. Appeal ~o. 3769 rendered October 26, 1988, for construction of a pool with deck and fence enclosure with an insufficient frontyard setback and excessive lot coverage, at premises known as 780 Haywaters Road, Cutchogue, NY; County Tax Map Parcel No. 1000-111-01-016. Lot is nonconforming with a lot area of 19,080 sq. ft. in this R-40 Zone District. 8:15 p.m. Appl. No. 3819 - RUTHANN BARTRA. Variance to the Zoning Ordinance, Article III, Section 100-32, for approval of lot containing insufficient lot area located along the easterly side of Breakwater (or Luthers) Road, Hamlet of Mattituck, NY; identified on the Suffolk County Tax Maps as District 1000, Section 106, Block 9, 2.004 (part of 2.1). The premises is located in the R-80 Zone District. ~age 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of April 13, 1989 8:20 p.m. Appl. No 3787 - MARION ROBINS. Variance to the Zoning Ordinance, Article III-A, Section 100-30A.3 for approval of four parcels with insufficient lot area in this pending subdivision located along the east side of Little Neck Road, the north side of Baldwin Place, and the west side of Strohson Road, in the Hamlet of Cutchogue; County Tax Map No. 1000-103-10-2. Total lot area: 6.039 acres. The premises is located in the R-80 Zone District. 8:30 p.m. Appl. No. 3813 - SHELDON HILLS as Trustee for Barterama Corp. Employees Profit"Sharing Trust. Variances requested to reduce side yards to less than the required 20 and 25 feet, and less than the total 45 feet for both sideyards, on this 2+ acre vacant parcel. Zone District: R-80. Location of Property: Private Right-of-Way referred to as Private Road #11 (also referred to as Aldrich Lane Extension), extending off the north side of Sound Avenue, Mattituck, NY; County Tax Map District 1000, Section 112, Block 1, Lot 12; Southold Town Planning Board Approved Set-Off Map March 4, 1985. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each ~age 6 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of April 13, 1989 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. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated: March 30, 1989. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Copies to the following on or about March 31, 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. and Mrs. John Forsberg, 259 Lincoln Avenue, Rockville Centre, NY 11570 Mr. and Mrs. George Dunbar, 19 Scott Drive, Melville, NY 11747 Mr. Warren A. Sambach, P.O. Box 1033, Cox Lane, Cutchogue 11935 Mr. and Mrs. Peter DeSanctis, 512 Park Avenue, Manhasset, NY 11030 Mr. and Mrs. Wayne L. Mazzaferro, P.O. Box 238, East Marion, NY 11939 Arthur V. Junge, Inc., P.O. Box 768, Cutchogue, NY 11935 Environment East, Inc., 3075 Indian Neck Lane, Peconic, NY 11958 Michael J. Hall, Esq., Youngs Avenue, Southold, NY 11971 Mr. and Mrs. Gustav Bartra, 227 East Breakwater Road, Mattituck, NY 11952 Mr. Kenneth Hills, Mountain Home Builders, Inc. 24 South Court, Roslyn Heights, NY 11577, (for $. Hills) FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL .~3....~.. 5 ~..~o., ..~. · .0.~_,.~.....~,., .~..~,. ~ ~.~ ........ PLEASE TAKE NOTICE that your application datedI ~'~~' '~]' ' ' ~ ..... 19 ~ for pe~it to ~.~..~.~ - -~..~.. ~ ~0~. ~ ~ ~,'a; Location of Property ,. ~ ~ ~ 0... ~.~: .............. ~~ ............ ~ouse No. Street ~ ~let County Tax ~ap No. ]000 Section ..... ).1. 0 ...... ~]ock .... ~. ~. ..... Lot . . /.~ ........ Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds .~..'.c~.. ~._.~.L~-~..~.~... Building Inspector RV 1/80 APPEAL FROM DECISION OF BUILDING INSPECTOI~i~ ~.~ ~j~ TO THE ZON,NG BOARD OF APPEALS, TOWN OF · row oF SOU'mOL APPEAL NO. DATE February 21, 1989 Name of Appellant Street and Number ..... I~..o.?...k..v..~..1..1. e.....O..e...n..t:..~..e. .................................................. .N..e...~....Y...o.?...k. ......... HEREBY APPEAL ~ro Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ....F..e...b.~.g..8...~.y.....1..5..,....]..9..8...9. ........... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) John & Meredith Forsberg Nome of Applicant for permit of 1310 West Road, Cutchogue New York Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Permit to construct a pair of deoks to existing one family house 1. LOCATION OF THE PROPERTY 1310 West Road Street /Hamlet / Use District on Zoning Map District 1000 Section 110Block05 Lot12 ~ . .................................................................................. ~urren~ 0~ner 3ahn & Heredith Forsberg Mop No. Lot No. Prior Owner ~4r. & Mrs. W. Mullen~_gr. 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 XXIV Section 100-242 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (has) ~ been made with respect to this decision of the Building Inspector or with respect to this property. Such appeot was ( ) request for o special permit ( ) request for a variance N/A and was made in Appeal No ................................. Dated ...................................................................... ( ) (X) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance isrequested forthe reasonthat strict application produce practical difficulties for further explanation) of the ordinance mould of unnecessary hardship (see reverse side t~orm ~.B! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION.,OF~THE ORDINANCE would produce practical difficulties or unneces- saryHARDSHIPbecause the requested deck work would not extend any closer to the property l~Qe than.the.subject house presently exists. The house has a legal Certificate of Occupancy and has a conforming use. The lot is very narrow and long. A 10 foot side setback would make the deck undersized and inadequate, Any alternate plan would require extensive tree removal which would detrimentally affect the entire site and nature of the summer area. This is primarily a vacation second home with decks being very common. The area has many non-conforming buildings built prior to current side setbacks requirements. Extensive landscaping will be performed around all deck work if approved and would improve the beauty of this unique area. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because 3, The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because ) ss .......... ~'...~,,,..~?...i .............. COUNTY OF Nassau ) /////' Signature ~ February Sworn to this 23rd day of .................. .................. J9 89 Notary Public EOWARD A. FOPTI~NATO ]~tery Public, State of New York No. 30-4938053 Ouelifie:~ in Nas~.-,J Ceunf', Commission Expires July 11, ~g90 TOWN OF' SOUTHOLD PROPERTY RECORD ;CARD OWNER STREET VILLAGE DIST, SUB. LOT S W ~PE OF BUILDING RES. ~ ] O S~S. VL FA~ COMM. CB. MISC. Mkt. Value AGE BUILDING CONDITION N~ NORMAL BELOW ABOVE FA~ Acre value Per value Acre Tillable Tillable 2 Tillable 3 Wo~land Swampland FRONTAGE ON WATER FRONTAGE Brushland ON ROAD House Plot Total ~ ~ M. Bldg. Extension Extension Extension Porch Porch C~rage Total COLOR TRIM ¸ion 3ase~ent Ext. Wails Place Type Roof reation rmer Bath Floors nterior Finish Heat Rooms 1st Floor ,2nd Floo BR. FIN, B. SURVEY FOR ..~.o.,~. ^~.~^.o. o. ^.~mo. JOHN FORSBERG To T.~s su.vEY ,~ · ~,o~,o~ o~ CUTCHOGUE ~,,o. ~*~. TOWN ~ S~THOLD DEPARTMENT OF: PLANNING COUNTY OF SUFFOLK PATRICK (~. HALPIN SUFFOLK COUNTY EXECUTIVE 360-5206 ARTHUR H. KUNZ DIRECTOR OF PLANNING May 18, 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 Pile Number(s) John Forsberg 3832 Peter DeSanctis 3833 Diane Dunbar 3839 Very truly yours, Arthur H. Kunz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX NO. (516) 765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONiS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DtNIZIO, JR. Pursuant to Board of Appeals the following ×× Variance Article XIII of the Suffolk County Charter, the of the Town of Southold, New York, hereby refers to the Suffolk County Planning Commission: from the Zoning Code, Article ××ZV ~ti__100-242 and IIIdA~ Unl00-30A.3 from Determination of Southdld Town Building Inspector Exception, Article , Section Variance Special Special Permit Appeal No.:3832 Applicant: John Forsberg Location of Affected tand:1310 West Road, Cutchogue, County Tax Map Item No.: 1000-110-5-12 Within 500 feet of: Town or Village Boundary Line xx Body of Water (Bay, Sound or Estuary) State or County Road, Boundary of Existing or Boundary of Existing or Other Recreation Area Parkway, Highway, Proposed County, Proposed County, NY Thruway State or Federally O~ned Land State or Federal Park or 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 deck(s) to existin9 single-family dwelling structure, maintaining the nonconforming sideyard setback as exists at the westerly side. Copies of Town file and related documents enclosed for your review. Dated: May 16, 1989 APPEALS BOARD MEMBERS GERARD P. GOEHRtNGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DtNIZI0, JR. Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TE[_EPHONE (516) 765-1809 FAX NO. (516) 765-1823 May 12, 1989 Mr. and Mrs. John P. Forsberg 259 Lincoln Avenue Rockville Centre, NY 11570 Re: Appeal No. 3832 - Variance Dear Mr. and Mrs. Forsberg: Transmitted for your records is a copy of the recent determination rendered by the Board of Appeals concerning your application. Please note that an alternative setback was granted for the rear deck as noted in the decision, and the deck squaring off the front of the house was interpreted as not requiring a variance (see separate letter of interpretation). Please be sure issuance of permits your project. to return to the Building Inspector for and other documents which are applicable to Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosures Copy of Decision to: Building Department Suffolk County Department of Planning Southold Town Board of Appeals -3- April 27, 1989 Special Meeting (Appl. No. 3832 - FORSBERG decision, continued:) (e) in view of the manner in which the difficulty arose and in consideration of all the above factors, the interests of justice will be served by granting this application, as applied and further noted below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Dinizio, it was RESOLVED, that the relief as requested maintaining the existing nonconforming sideyard at 1.7 is hereby DENIED as applied; and IT WAS FURTHER RESOLVED, TO GRANT ALTERNATIVE RELIEF FOR THE PROPOSED OPEN-DECK CONSTRUCTION, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the setback from the westerly side yard for the proposed open deck be not closer than three feet; 2. That the deck remain open, unenclosed and unroofed (as applied); 3. That there be no lighting which will be adverse to neighboring properties. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Sawicki and Dinizio. (Member Doyen, of Fishers Island, was absent as agreed.) This resolution was duly adopted. lk $OUTHOLD TOWN BOARD OF APPEALS RECEIVED AND FILED BY THE SOUTHOLD TOtVN DATE .5-//~/~/~ HOUR Town Clz. rk, Town of Southold Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZtO, JR. INTER-DEPARTMENTAL MEMORANDUM TO: FROM: DATE: SUBJECT: Southold Town Building Department Southold Town Board of Appeals~ March 29, 1989 Interpretation of Article XXIV, Section 100-242 Nonconforming Buildings with Conforming Uses This memorandum will confirm that the following action was taken at a Regular Meeting of the Board of Appeals held March 16, 1989, concerning clarification or interpretation of Article XXIV, Section 100-242: New construction within the (legal) footprint of the existing construction in order to square off the structure shall not be considered an increase in the nonconformity of a nonconforming building with a conforming use. If any building/zoning inspector does not understand this clarification, please don't hesitate to consult with our Department. cc: James A. Schondebare, Town Attorney Robert H. Berntsson, Assistant Town Attorney lO0 '.. TIT[i- SCALE' I"= 40' NOV. SURVEY-FOR /~"~ ~"~': CUTCHOGUE TO'JN OF SOUTHOLD , . -'.' SUFF. CO., N. f. / 2 A-C Il ISLAND Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SDUTHOLD, l.l., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICK~ JAMES DIN)ZiO, 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 Southold Town Board of Appeals HAIN RrlAD- BTATE RnAD 25 ISI3UTHDLD, L.I., N.Y. 11971 TELEPHONE (516) 765 1809 APPEALS BOARD April 13, 1989 MEMBERS 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.: 3832 PROJECT NAME: JOHN FORSBERG This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.s. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44~4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Construc~ deck(s) to existing single-family dwelling structure, maintaining th~ nonconforming sideyard setback as exists at the westerly side LOCATION OF PROJECT: Town of Southold, Count~ of, Suffolk, more particularly known as: 1310 West Road, Cutchogue, NY 1000-110-5-12 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) Construction proposed is landward of existing structures. (3) The relief requested is a setback variance as regulated by Section 617.13, 6 NYCRR, SEQRA. FOR FURTIIER INFORMATION, PLEASE CONTACT: Linde Kowalski, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. JUDITH T. TERRY OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Dated: February 27, 1989 Transa~itted herewith is Zoning Appeal No. John & Meredith Forsberg 3832 , application of for a variance. Also included is: Notification to Adjacent Property Owners; Short Environmental Assessment Form letter relative to NYS Tidal Wetlands Land Use; Notice of Disapproval from the Building Department; survey of property; and any other attachments relative to this application. Judith T. Terry ROOSEVELT SA VINGS BANK ADMINISTRATIVE HEADQUARTERS 1122 FRANKLIN AVENUE · GARDEN CITY, N. Y. 11530 5161742-9300 7181347-2020 JOHN P. FORSBERG VICE PRESIDENT February 23, 1989 Mr. Victor Lessard Town of Southold Building Department Southold, N.Y. 11971 Re: John/Meredith Forsberg Variance requirement for deck work 1310 West Road Cutchogue, N.Y. Dear Mr. Lessard: Enclosed, please find the following information, regarding a needed variance for exterior deck work: Exhibit A) Notice of Disapproval Exhibit B) Application in triplicate Exhibit C) Notice of adjoining property owners with certified receipts and survey Exhibit D) Short Environmental Assessment Form Exhibit E) Z.B.A. Questionaire Exhibit F) Certificate of Occupancy Exhibit G) Current Deed Exhibit H) Four copies of existing survey with four copies of deck sketches Exhibit I) Current Tax Bill Exhibit J) $150.00 filing fee Please review as soon as possible. Please let me know if the submission appears complete as we would like to see this situation resolved and brought before a hearing soon. I can be reached at the above phone number. Very truly yours, · Forsberg °' l PROJECT I.D. NUMBER State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only P~ART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR f 2. PROJECT NAME .John and Meredith Forsber9 N/A 3. PROJECT LOCATION: Municipality Cutchogue (Southold Township) Coun,y Suffolk 4. RRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide mag) 1310 West Road, Cutchouge, New York (North side of West Road) East of Creek Avenue, West of-Holden Avenue SEQR 5. IS PROPOSED ACTION: 6. DESCRIBE PROJECT BRIEFLY: [] Moditicat Ionlait eratlon Deck work to existing single family Rear deck approximately 20' X Front deck approximately 10' X 10' ?* AMOUNT OF LAND AFFECTED: house WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRrCTIONS? []Yes []No IfNo, describebNefly The existing house sits only a few feet off side property line: the deck (proposed) would exist parallel to this existing structure but no, closer that the existing house. WHAT IS PRESENT ~ND USE IN VICINITY OF PROJECT? ~ Residential [] Industrial :El Commercial [] Agricullure [] Par~JForest/Open space [] ether Describe; Strictly single family homes _and summer bungalows 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? E]Yes [] No If yes, list agency(s) and permiuapprovals lt. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ~2. AS A RESULT OF PeOPOSED ACTJON WILL EXISTING PERMIT/APPROVAL REQUIRE MODJFICATION~ [] Ye, ~'~ No ' I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE l If the action is in the Coastal Area. and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 (Continued on reverse side) The N.Y.S. Environmental Quality Review Act requires of this form, and an environmental review will be ma~e by Submission ~HORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (a) In--order fo answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project ia not Significant. (d) En~vironmental Assessmen~ 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? Yes X NO 2. Will there be a major change to any Unique or unusual land form on the site? ~Yes X No 3. Will project alter or have a large effect on an existing body of water? X Yes No 4. Will project have a potentially large, impact on groundwater quality? ~Yes X No 5. Will project significantly effect drainage flow on adjacent sites? ~Yes .X No 6. Will project affect any threatened or endangered plant or animal species? 7. Will project result in a major adverse effect on air quality? ~Yes ~No 8. Will project have a major effect on visual char- acter of the community er scenic views or vistas known to be important to the community? -, Yes __~o 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 X No 10. Will project have a major effect on existing or future recreational opportunities? Yes _~_No 11. Will project result in major traffic problems or cause a major effect to existing transportation .. 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 ~Yes X No 14. Will project affect the existing conununity 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 conununlty or neighborhood? 15. Is there public controversy COncerning the project? FOEM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N. 'Y. Certificate Of Occupancy No...Z.6.~..~. ..... Date ............. J..u~..e..3 ........ , 19.7.?. THIS CERTIFIES that the building located at .k/e ~.t..R. 9~.d. ................ Street Map No. ~ ........ Block No ..... .x~x.....Lot No..x..~....C..u.t.c.h..6g.u.e .... .N...Y.: ....... requirements for one family dwellings & Housing code conforms substantially to the ~]Iff~~~~~~l~//~ built ,. certificate of occupancy dated ..... .b.e.f.o..r.e..A.p..r..2.~.., 19..5.7. pursuant to wmch ~~lqo. Z6501+.. dated .......... .J..mq.e.... ~..., 19.7.~.., was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is . .N....C:..P.r..iy.a.t.e...one...f.a.m.i..ly..d.w.e.l. 1..i.n.g .~.-. 9.n.e...f.a.m.i..l~r..c. 9.t.t.a.g.e...&..P.y.t garage The certificate is issued to . William. F,. )~ul~ke~. Jr..& .Wife ..... ~..~ey~ ........... (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval pr.e-., existi2g .................... UNDERWRITERS CERTIFICATE No. P.r.e.-.e..x.i.s.t..i.ng ............................. HOUSE NUMBER. 1.3.(~0 ........ Street..We s.t .Roacl ............................. 1310 West Road ..... ../ ..... .......... CONSULT YOUR LAWyIrR BEFORE SIGNING THIS INSTRUMINT -THIS INSTRUMENT SHOULD BI USED t,y LAWYERS ONLY THIS INDEN~RE, made the 2 7th day of June , nineteen hundred and seventy-five BETWEEN WILLIAM F. MULLEN, JR. and MARGUERITE P. MULLEN, his wife, both residing at 209 Brompton Road, Garden City, New York, party of the first part, and JOHN FORSBERG and MEREDITH E. FORSBERG, his wife, both residing at 12 Hempstead Avenue, Rockville Centre, New York, party of the second part, WITNF~SETH, that the party of the first part, in consideration of ten dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being~-~- at Fleet~s Neck, Cutchogue, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a monument on the northerly line of West Road 100.0 feet easterly along said northerly line from the easterly side of West Creek Avenue, said point of beginning being the southeasterly corner of land of Armstrong; from said point of beginning running along said land of Armstrong and Penny, N. 26° 16 minutes 50 seconds W. 223.12 feet to a monument and land of Young; thence along said land of Young, N. 47° 04 minutes 40 seconds E..- 52.15 feet to a monument and land of Brengel; thence along said land of Brengel and along land of Comes, S. 26° 16 minutes 50 seconds E. 239.50 feet to a monument on said northerly line of West Road; thence along said northerly line, S. 65° 22 minutes 40 seconds W. - 50.00 feet to the point of BEGINNING. BEING AND INTENDED TO BE the same premises conveyed to the party of the first part by a Deed executed by ESTELLE K. COMES, said Deed having been recorded in the Office of the Clerk of the County of Suffolk, in Liber~/~Z-of Deeds at Page 33-~ on REAL ESIATE , '~, STATE OF TRANS RIAX NEW YORK laxotmn 4UL-175 ~ 00.'O U roads abutting the above described prem scs to the center lines thereof; TOGETHER with to streets and TOGETHER with all right, title and interest if any, of the party of the first part in and theanY appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of thc party_of the se_c_o_nd part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the any other purpose, cost of the improvement before using any part of the total of the same for The word "party" shall be constrned as if it read" ' " part,es whenever the sense of this indentpre so requires. IN WITNESS WHEREOF, the party of the written. ~N PRESENCE OF: first part has duly exesut/ed-fbls deed the day and year first above MAyO~:RITE p. MULLEN 7866 1~ 9 75, b~or~me personally came ~lli~ F. ~llen aha Marguerite ~ullen, to mc known t~e the/indivi(blal s described in and who executed the ~re~fi~n~ent, and acknowledged that GARY FLANNER OLSEN No. 52- 29596~0 QuaiJJled in S~folk Coun~ Term ~pims March 30~ STATE OF NEW YORK, COUNTY OF SS: On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. ; that he is the of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. STATE OF NIW YORK. C:OUNTY OF "I~rrr.- On the day of 19 , before me personally came to me known to be the individual described in and who executed the fo~'egoing instrument, and acknowledged that executed the same. STATE OF NlW YORK, COUNTY OF SS: On the day of 19 , before me personally came the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. ; that he knows to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. WITH COVENANT AGAINST GRAN~'S A~ TITLE NO. /~??fl~g T.O. 1. MULLEN TO FORSBERG SECTION BLOCK LOT JUL. I 1975 COUNTY OR TOWN Suffolk R~ al K~u~ ~ CHICAGO TITLE INSURANC~ COMPANY ST~OI FIll I~ NEI VI~ III I~ T~E I~IIRIIITI Distributed by CHICAGO TI~ INSURANCE COM P~ Return by Mail m GARY FLANNER OLSEN, ESQ. P.O. Box 38 Main Road Mattituck, Long Island, N.Y. Zip No. 11952 v QUEST!O;~NAIRE TO BE CC:.IPLETED AND SUB.'IITTED ~ITIt YOUR APPL£CAT[ON i"OlUI5 '['0 THE $~):\RD ~3[.' Ai~PEALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch), to scale, and submit other sUpporting documenta- tion. 1. Are there any proposals to change, or alter land contours? 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? 3. Are there existing structures at or below ground level, such as patios, foundations, etc? 4. Are there any existing or proposed fences, cDncrete barriers, decks, etc? If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground level? State total: ft. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total: ' ' ' ft. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Are there any building permits pending on this parcel (or abutting land under your ownership, if any)? State Permit # and Nature: Yes Yes Yes Yes ~ Yes N~ Yes ~ Yes ~ Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning Board Town Board Town Trustees County Health Department Village of Greenport N.Y.S.D.E.C. Other 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from cqnt~act) 11. Is new construction proposed in the area of contours at 5 feet or less as exists? 12. If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have · you made application to the Town Trustees for an 'inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? 13. Please submit photographs Please list present use or operations subject property at this time 0~W~ and proposed ~or tho record. Yes Yes Yes Yes Yes Yes Yes Yes ~ conducted upon the I certify that the above statements are true and are being submitted for reliance by the Board of Appeals in~onsidering my application. gna:u~/ (Property Owner;~ (Auunorizeu Agenz; 1/88 WETLANDS [Amemled 85 hr L.L So. A. TIDAL W~TLANDS: fl) Ali la~d~ ered with, or wbich bord~,r on, tidal wat~r..~, or lands lying beneath tidal waters, which at mean ~ow tide are covered b five (5) feet, including but not limited ~o banks. begs. salt marsh, swamps, moa(tows, flat~ or Other low lying landa subject to tidal actium: (2) All banks, begs, mead~ws, fiats and tidal mar:;h subject ~ ~uch tides a~(i upon Which grows or may grow some or any nf the fi}llowing: salt hay, black grass, saltwort, sea lavender, tall cordgrass, high bush, cattails, groundsel, marshmallow and Iow march ¢ordgrass; and/hr (3) All land immediately adjacent defined in Subsection A~2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. FRESHWATER WETLANI)S: (1) "Freshwa~r wetlands" as dcf[ned in Article 2.1, Ti- tle 1, $ 24-0107, Subdivisions l(a) ~ l(d) inclusive. of the Envircnmen~l Conservation Law of the Sta~ of New York: and (2) All land immediately adiacent to a "freshwater wet- ]and," as defil~cd in Subsection Hi 1) and lying with. ~n seventy-five (75) feet landward of the most. land- ward edge of a "freshwater WeUa~d." 9705 Meeting Date: April 13, 1989 Appeal No. 3832 Members Absent, if any: Applicants:John Forsberg Relief requested and 1;ocation: Construct deck (s) to existing single-family dwelling, maintaining the nonconforming sideyard setback as exists at westerly side Charles Serge J ames Gerard Joseph 1310 West Rd., Cutchog~-~igonis Doyen Oi ni zi0 Goehringer Sawicki 110-5-12 Resolution made by: Seconded by: ( ) ( ) ( ) ( ) ( ( ) ( } ( ) ( ) ( 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, Withdrawn Without Prejudice as requested Approve with the following Conditions: [I] [2] -[ 3] [4] ( ) (x) [ ] This Variance is temporary for a maximum period Special Exception criteria appli(of two years, EXCEPT Prior application conditions applical[ ] where the progosed subdivision has been finalized by all agencies and the parcels have been transferred by deed or other NOTES: 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 ( ) JD ( ) GG ( ) JS Nays: ( ) CG ( ) SD ( ) JD ( ) GG ( ) JS Abstain: ( ) CG ( ) SD ( ) JD ( ) GC ( ) JS Absent: ( ) CG ( ) SD ( ) JD ( ) GG ( ) JS Resolution was passed: ( ) unanimously Resolution was not passed: ( ). This application was recessed until ( ) by majority vote N SURVEY FOR JOHN FORSBEBG CUTCHOGU£ // COUNTY OF SUFFOLK Property Tax Service Agenc' BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of 3ohn and Meredith Forsberg to the Board of Appeals of the Town of Southold ' ~ ~t Brengel ~ ~ 6307 River Crescent Drive is, ~aryland 2~ NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That ir i~ the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a ~.ariance~ (Special Exception) (Special Permit) (Other) [circle choice] I. 2. That the property which is the subject of the Petition is located adiacent to your property and is des- cribed as follows: 1310 West Road~ CutchogLm: New York (front hnuse~ 3. That the property which is the subject of such Petition is located in the following zoning district: District 1000. Section 110~ Block 05. Lot 12 4. That by such Petition, the undersigned will req'uest the following relief: TO construct deck work (front and rear) to exist~n_n one f~mily hn~ (frnnf hn~) as indicated on the attached survey (deck work approx, shown in red) 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article XXIV Section 100-242 [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there. examine the same during regular office hours. (516) 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. Dated: February 21t 1989 FORSBERG Petitioner Owners'Names: 3ohn/Meredith Forsberg Post Office Address" 259 Lincoln Avenue Rockville Centre, N.Y. 11570 Tel. No. (516) 764-8479 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : Soho and Meredith Forsberg : to the Board of Appeals of the Town of Southold ~ West Road NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Thee intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (,~.ariance] (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 1310 West Road. Cutcho~_ue; New York (front house) 3. That the property which is the subject of such Petition is located in the following zoning district: District 1000. Section 110. Block 05. Lot 12 4. That by such Petition, the undersigned will request the following relief: TO construct deck work (front and rear) to existin_n nne family hn,,~p (frnnf hn,l~p) as indicated on the attached survey (deck work approx, shown in red) 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under. signed are Article XXIV Section 100-242 [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there examine the same during regular office hours. (516) 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 Sourhold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: February 21t 1989 FORSBERG Petitioner Owners ' Names: John/Meredith Forsberg Post Office Address 259 Lincoln Avenue Rockville Centre, N.Y. 11570 Tel. No. (516) 764-8479 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] BOARD OF APPEALS, TOWN OF SOUTHOLD : in the Matter or the Petition of : John and Meredith Forsberg : to the Board of Appeals of the Town of SouthCd : ~s and Successors~f% /~ Ralph W. Armstrong ~ ~ 1300 West Road ~ ~X~ Cutchogue, N.Y. 1193 ~SJ YOU ARE HEREBY GIVEN NOTICE: NOTICE TO ADJACENT PROPERTY OWNER 1. Thee intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a ~3riance,) (Special Exception) (Special Permit) (Other) [circle choice] I. 2. That the property which is the subiect of the Petition is located adjacent to your property and is des- cribed as follows: 1310 West Road~ Cutchooue: New York (front house) 3. That the property which is the subject of such Petition is located in the following zoning district: District 1000~ Section 110~ Block Q~. LOt 12 4. That by such Petition, the undersigned will request the following relief: TO construct deck work (front and rear) to exist~n0 one family hntlmm (frnnf hn~lcm) as indicated on the attached survey (deck work approx, shown in red) $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under. signedare Article XXIV Section 100-24~ [ ] 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 Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there examine the same during regular office hours. (516) 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-Matti~uck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: February 21~ 1989 . FORSBERG Petitioner Owners ' Names: John/Meredith Forsberg Post Office Address 259 Lincoln Avenue Rockville Centre, N.Y. 11570 Tel. No. (516) 764-8479 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter ct the Petition of : 3ohn and Meredith Forsberg : to the Boar~ Town of Southold TO: ~arjorie Dickson~~ ~ West Creek Avenue ~ ~utchogue, N.Y. 119~5/ NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a ~Variance~ (Special Exception) (Special Permit) (Other) tel:cie choice) I. 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 1510 West Roadr Cutchogue; New York ffront house) 3. That the property which is the subject of such Petition is located in the following zoning district: District 1000~ Section 110. Block 05~ Lot 12 4. That by such Petition, the undersigned will req~ue'st the following relief: TO construct deck work (front and rear) to exigtioo_ one f~mily as indicated on the attached survey (deck work approx, shown in ~¢~) $. That the provisions of thc Southold Town Zoning Code applicable to the relief sought by the under- signedare Article XX~[¥ ~ct_iom 100-242 [ ] 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 thc Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: February 21~ 1989 FORSBERG Petitioner Owners ' Names: Oohn/Meredith Forsberg Post Office Address 259 Lincoln Avenue Rockville Centre, N.Y. 11570 Tel. No. (516) 764-8479 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter cT the Petition of John and Meredith Forsberg to t h e,~'~-~p p e a~-"'""~f, S o u t h o I d 0/: Mary Anne Huntington ~ ~West Creek Avenue ~TICE: NOTICE TO ADJACENT PROPERTY OWNER 1. Thee intention of the undersigned to petition the Board of Appeals of the Town of Southotd to request a (Varianc~ (Special Exception) (Special Permit) (Other) [circle choice] ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribedasfoliows: 1310 West Road: Cuteho_ou~: New York (front house) 3. That the property which is the subject of such Petition is located in the following zoning district: District 1000. Section 110. Block 05~ Lot 12 4. ThatbysuchPeddon, theundersigned willrequestthefollowingrelief: To construct deck work (front and rear) to existln0 one fmm~ly hn,~p (f~nnf hn~,~p) as indicated on the attached survey (deck work approx, shown in r~) 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare Article XXIV Section 100-242 [ ] Section 280-A, New York Town Law for approva] of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold. New York and you ma), then and there examine the same during regular office hours. (516) 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. Dated: February 21~ 1989 FORSBERG Petitioner Owners ' Names: John/Meredith Forsberg Post Office Address 259 Lincoln Avenue Rockville Centre, N.Y. 11570 Tel. No. (516) 764-8479 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of : John and Meredith~rsberg : to the B[ard of Appeals of the Town of Southold TO: ~' NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is t'he intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (Other) [circle choice] ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- crlbed as follows: 1310 West Road~ Cutchogue; New York (front house) 3. That the property which is the subject of such Petition is located in the following zoning district: District 1000~ Section 110, Block 05, Lot 12 4. ThatbysuchPetition, theundersigned willrequestthefollowingrelief; To construct deck work (front and rear) to existing one family hnllK~ (frnnf hnl~m) as indicated on the attached survey (deck work approx, shown in red) 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare Article XXIV Sect/on 100-242 [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there examine the same during regular office hours. (516) 765-]_809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: February 21, 1989 FORSBERG Petitioner Owners ' Names: John/Meredith Forsberg Post Office Address 259 Lincoln Avenue Rockville Centre, N.Y. 11570 Tel. No. (516) 764-8479 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P-598 567 017 STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: ~C~Vt~ ~T~ ~-~. . being duly sworn, deposes and says that on the ~t ~ day of ~C~o~ , 19' ~ , 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 thor respective name; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- rice at ~0~ Vt ~ ~T~ ~.~ , ; that said Notices were mailed to each of said persons by ~ (registered) mail. / Sworn to, before me this day of ~, b,~ Notary Public (This side does not have to be completed on form transmitted to adjoining property owners.) 40 Zone DiSlocation of Prop- crty: ~ ' q Parson's Boulevard (Private Roe asr Marion, NY; Map of Gardm~rs Bay Estates, Lot 77 and part of 78; County Tax Map Parcel No. 1000-37-2-5. 7:55 p.m. Appl. No. 3837 -- WAYNE L. AND TERESA A. MAZZAFERRO. Variance to the Zoning Ordinance. Article XXIV. Secdon 100-244 and Article III-A, Section 100-30A.3 for permission for approval of existing swimmingpool with deck areas which will have an insufficient rearyard setback when cached by a raised deck to the rear of the existing dwelling. Lot area of prerulsea is nonconforming at 10,000 sq. fc in this R-40 Zone District. Location of Property: 1650 Gillette Drive, East Marion. NY; Map of Marion Manor, Lot #17; County Tax Map Parcel No. 1000-38-2-17. 8:00 p.m. Appl. No. 3835SE -- ARTHUR V. JUNGE, INC. Amendment to Special Exception Granted under AppL No. 3705 under Aufcb VIII, Section 100-80B of the prior Zoning Regulations for this previously zoned C-Light Industrial Zen= District, now re-zoned to Light Industrial, Article ]{IV, Section 100- 141. to include establishment of car STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Maribeth Powers of Mattltuck, in said County, being duly sworn, says that ha/she Is Principal Clerk of THE SUFFOLK TIMES, a Weekly Mewapaper, published at Mattltuck, In the Town of SouthoM, County of Suffolk end State of Mew York, and that the Motlce of which the annexed is a printed copy, has been rngulariy published in said Newspaper once each week for 1 weeks successively, commencing on the 6 day of ?.~r i! 19 89 Continued from previous page NOTICE OF HEARINGS NOTICE IS H~REBY GIVEN. Law md the Conk of th~ Town of BOARD OF APPEALS at · ReSuh~ Main Rl~d~ So,~tdd, NY 11971, ~ TItURSDAY, APRIL 13, 1989, at mi>aim with otuide storage and future tlonal ~cu~cyofvamt~fld&g~aat . ~av~ble, dn~F~m~ ~stedy side of b~ng (a use ~ ~fion of Pm~y: 22355 C.R. BYO~OF~O~ 48, Cutchogue, NY; County Tax [ ~ ~A~ OF APP~ 1, ~ 19; ~ming 45,58~ sq. 8:05 p.m. Appl. No. 3834 ~ 6~I-ITA6 ~ 1~-242, for ~ am~dm~t to prior Z,B.A. A~ml No. 3769 mnde~d Ocm~r 26, 1988, for c~- fromyard setback and excessive lot coverage, at premises known as 780 Haywaters Road, Cutchogue, NY; County Tax Map Parcel No. 100e- the following tim~: ~ 111-01-016. Lot in nonconforming ~ 7:3S [tm. AI~L No. 3832 -- ~ with a Inl area of 19,080 sq. ft. in JOHN Fi31/~BBRG. Vmimc~ 1o ~he \ this R-~0 Zcoe District, Zoni~ O~d~ma~, Anld~ XXlV, ~ 8:15 p.m. Appl. No. 3819 &mi0a 100-242 (ami A~icl~ ri'LA, ! RUTIiANN BARTRA. Variance to S~ic~ 100-~0A.~)f~l~m~!,~ ~o I the Zoning Ordinance, Article RI, com~a~ d~k(s) Io mfisth~ ~in~- I Secti~m 100-32, Inr approval of lot f~nily ~ strums, maintain- ~ comalning in suffident l~ area located in~ ~ mm~oofo~m~-g sid~Tard sat- ~ along ~ba easterly side ~f Breakwater back as exits at tl~ w~s~dy side. [ (or Luthers) R~ad, Hamlet of Matti- Lo~ ~ of pmnhe, s is mmcoofmm- I tuck, NY; identified on the Suffolk in~ at~pl~xims~/y ll,500sq, f~.in [ County Tax Maps as District this R-40 Zoo~ Disui~ Locafioa of ~ Section 106, Block 9, 2.004 (part ef Prol~rty: 1310 West Road, ~ 2.1). The pre~ulses is located in Cmch~, NY; Cmmty T~x Map J R-80 Z~te Disuict. No. 1000-110-S-12. ~ 8:20 p.m. Appl. No. 3787 -- ~- 7:40 p.m. Ai~. No. 3839 -- Df- MARION ROBINS. Variance to the AI'~ DUNBAR. Vad~ac~ to Zo~i~ O~amr,~, .tmi~ I~ S~io~ 100-31 ~ ~, ~ ~-~ ~ ~ f~ ~ f~ ~ T~ ~ ~ I~-I-ll. ~:4~ p.~ ~ ~o. 383~ ~ P~- 6~ ~ ~y: 3~ ~int 1~3-5-~ 7:50 p.m. A~L 1~31 ~ ~ A~ ~-A, fi~t ~ ~. ~ a~ of Zoning Ordnance, Article III-A, tion 100-30A.3 for approval of four ~ ~st side of Li~e N~ R~, ~ no~ side of Bald~ Pla~, ~d ~e a~a: 6.039 acres. ~e praises 8:30 p.m. Appl. No. 3813 SHELDON HIL~ as Tmst~ Bane~ma Co~. Empl~ees Profit qui~ 20 and 25 feet, ~d less ~ ~va~ Road ~11 (also mfemd to as ~d~ch ~ne Ext~sion), extend~g off ~e no~ side of Sound Avenue, Mattituck, NY; County Tax Map Lot 12; Southold Town Plann~g Board Approved Set-~f Map Ma~h 4, 1985. Wilton comments may also ~ mired prior to ~e c~clusinn of See L~gala, next page ~ c, OEGNAN ~tste of New York /,.: ; ,]~4849860 · NOTdCE IS HEREBY GIVEN, pursuant t6 Section 267 of ~the Town Law and the Code of the Town of Southnid, the foll~ing hearings ~ill held by the SOUTHOLD ~WN B~RD OF ~PEALS at a ~gni~ Mecting~ at the Southold Town Hall, Main ~d, Sou~oid, NY I1~1, T~RSDAY, APRI~ 13, 1989, at the following ti~: f 7:35 p.m. Appl. No. 3832--~ JOHN FORSBERG. V~an~ to the ~ O~in~ ~i- cie XXIV, S~n 1~2 {~d Article III-A, Section. 30A.3) for ~rmission to ~n- stru~ d~k(s) ~ ~is~g. si~le- f~y ~ s~ mMn- ~ ~ ~nfo~ side-'~ ~ setback-~ ~sts at the ~t~ly sid~ ~t ~ of p~- m~ is nonconforming at ap- p~m~ly 11,5~ sq. ~. in ~isl R~ ~ne ~s~. ~fion of~ PmpeRy: 13t0 West ~ad, Cutc~g ~; Coun~ ~ap No. 1~ii~5-12. 7~ p.m. Appl. No. 3839-- DI~E DUN~. V~ to the ~ng O~n~ ARkie Iii; S~fion 1~31 ~ di~p, p~, ARiSe III-A, ~on 1~30A.3 ~d ARicle ~I~ ~on l~2B for ~s~On wi~ an ~suffid~t s~back from ~e front pm~y ~ne ~g ·Dogwood ~e (~es0. ~t ~a of pg~s is non~n- fo~i~ at 16,423 ~ ~u~ feet ~ ~ R~ ~ne D~. tion of ~Ry: 615 Do~ ~ng ~t M~ion; Map of G~ B~ EsPies, ~ion 2, ~t Nos. 98 ~d ~; County ~ Map No. 1~37-1-11. 7~45 p.m. Appl. No. 3833~ PE~R D~I~ .~ to the ~n~g ~din~ cie IIl-~ ~on 1~30A.3 for appmv~ of o~n d~k ~Oon Mth ~ ~sufficient setback from ~e soundly side pm~- ty ~g ~j~nt m ~ f~ encl~um ~t ~ of p~gs ~ non~nfor~ at' appm~- ~ly ~ ~ ~. ~ t~ R~ ~ne Dist~. ~fion of ~y: 3~.Inl~ ~ G~n- ~R, ~; County ~ Map No. 1~43-5-2. 7:50 p.m. Appl. No. ANNA SCHULER. V~ce to the ~ng O~in~ cie IlL ~edon 1~31 ~ ~a~ pm~, ARkie III-A, S~on 1~30A.3, ~d ~icle ~IV, ~on I~2B for ~ion wi~ an inanffi~nt ~tb~k From tbe. Ro~rly side ~o~r- ~ line ~d' inefficient totM sidcyards. Lot area off premises is nonconforming at approxi- mately !1,718 sq. ft. inthis R-40 Zone District. Location of Pro~ petty: 115 Pa~ons' Boulevard, (Pr/rate Road), East Marion. N~ Map of Gardiners Bay Es- tates, Lot 77 .and part of 78; County Tax Map Parcel No. 1000-37-2-5. 7:55 p.m. Appl. No. 3837~ WAYNE L. AND TERESA A. MAZZAFERRO. Variance to the Zoning Ordinance, Article XXIV~ Section 100-244 and Ar- ticle III-A. Secti6n 100-30A,3 for permission for approval of existing swimming pool with deck areas which will have an in_ sufficient rearyard setback when attached by a raised deck to the rear of the ~ dwelling. Lot area of premizes~ 'is- noncon- forming~t 10,000 sq. ft. in this R-40 Zone District. Location of~ Property: 1650 Gillette Drive, East Marion, NY; Map of Marion Manor, Lot # 17; Co~n0- ty ~ax Map PaYee! 2-17. 8:00 P.m. Appl. Sol 3835SE --AZ~/-IOR V. JU~, IsC. Amendment to Special Ex~p- tion Granted finder AppL No. 3705 under Article ~¢IiI, Section 100~80B of tbe prior Zoning Regulations for this previously zoned C-Light .Industrial Zone District, now re-zoned to Light ludu~t~ial, Article X~V, Section 100q41, to include establishment of car. repairs, with odtside storage and future occupancy of vacant building area at easterly side of bui/ding (a use to be a permitted use in this Zone Dis- tricO. Location of Proper~y: 22355 C.R. 48, Cutchogue, N~ County ~ Map District 1000, Section 96, Block I, Lot 19, con- taming 45,589+ sq. ft. in lot area. 8:05 p.m. Appl. No. 3834--- FRANK CURRAN. Variance to the Zoning Ordinance, Article III-A, Section 100-30A.3, and Article XXIV, Section 100-242, for an amendment to prior Z.B.A. Appeal No. 3769 render- ed October 26~ 1988, for con- stroction of a pool with deck and fence enclosure with an in- sufficient frontyard setback and excessive lot coverag~ nt pr~- mises known as 780~Ha~w~ters Road, Cutchogu~"/g~ ~O~ty 'lhx Map Parcel NO. 100~11i~01- 016. LOt is nonconform~hg with a lot area of 19,080 sq. ft. in this R-40 Zone District. 8:15 p.m. AppL No. 3819-- RUTHANN BARTRA. Variance to the Zoning Or- dinance, Article II1, Section 100-32, for approval of lot con- taining insufficient lot area located,along the enst~rly si~ of Breakwater (or Imthers) Road, Hamlet of Mattituck~ NY; idea- tif'~d on the Suffolk County Tax Maps as Distr/~ 1000, Section 106, Block 9, 2~004 (]art of 2.1). The premises is located in the R-80 Zone District. 8:20 p.m. App[~ No. 3787-~- MARION ROBINS. Variance to the Zoning Ordinance, Article Ill-A, Section 100-30A.3 for ap- proval of four pm'ceis with in- sufficient lot are~ in this pend- ing subdivision located along the east side of Little Neck Road. the north sideof Baldwin Place, and the west side of Strohson Road in the Hamlet of Cutch°gUe; Cbunty ~ Map No. 100~I03-.~0~Z T~tal lot area: 5.039 ~tcres. The premises is located in tbe'R-80 Zone District. 8:30 p.~fi:: Appl.'No~ SHELDON-HILLS as 'l~ustee for Barteranu/Corp. Employees Profit Sharing Trust. %rt/hces requested to ~e/tuce/~ldg yards to less thawthe required'20 and25 feet, and'Jess than the total 45 feet for both sideyards, on this 2+ acre vacant parcel. Zone District: R-80. Location of Pro- perry: Private Righ~of-Way re- fermd to as Private Road # 11 (also refdrred to as Aldrich Lane Extension), extending Off the north side of Sound Avenue, Mattituck,-NY; ConiRy Tax Map D/strict 1000, Section 112, Block l,'Lot 12; Southold Town Planning i~oard Approved Set- Off Map Mah:h 4, 1985. The Board 0f Ap~p~?$ will at said time and place hedr any and all persons or representatives desiring to. be heard in~ each of the above matters. Written com- ments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time al- lot.ted. Additional time for your, presentation'will be available, if needed. For more.inf~rmmion, please call 765-]809. Dated: March 30, 1989 BY ORDER'OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD .P. GOEHRINGER CHAIRMAN By Linda Kowalski 1X, 4/6/89 I113)