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HomeMy WebLinkAbout3825 Southold Town Board of Appeals IVlAIN ROAD- STATI=' ROAD 25 SOUTHOLD, I_.1., N.Y. llg?l TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. ACTION OF THE BOARD OF APPEALS Appeal No. 3825: Upon application of SUSAN A. FORBES for a 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. Location of Property: 1075 Narrow River Road, Orient, NY; County Tax Map District 1000, Section 27, Block 3, Lot 6.2. WHEREAS, a public hearing was held and concluded on March 9, 1989 in the Matter of the Application of SUSAN A. FORBES under Appeal No. 3825; 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. 3825 Matter of SUSAN A. FORBES Decision Rendered March 16, 1989 1. By this application, appellants request a Variance under Article III, Section 100-31 and Article XXIV, Section 244 for approval of an open deck addition (with portico entrance) as shown on the architectural rendition prepared by Forbes-Ergas Design Associates, Inc. dated May 12, 1984 (Drawing No. D-1. 2. The premises in question is a parcel of land containing a total lot area of 11,325+ square feet situated along the north side of Narrow River ~oad in the Hamlet of Orient, Town of Southold, and more particularly identified on the Suffolk County Tax Maps as District 1000, Section 27, Block 3, Lot 6.2. 3. The subject parcel is improved with an one-story single-family house set back 25.7+- feet from its closest point to the south (front) property line {exclusive of the subject deck and portico extension}. 4. Article III, Section 100-31, and Cotumn iii of the Bulk Schedule of the Zoning Code provides for a minimum front yard setback for parcels in the R-80 Zone District to be 60 feet. 5. Article XIV, Section 100-244 of the Zoning Code provides relief to legal nonconforming lots with an area of than 20,000 square feet for a minimum front yard setback of principal building at 35 feet. less a 6. The area of jurisdiction before this Board is that area toward the street within the 35 ft. front yard restriction. The setback at its nearest point (at the southwest corner) requested by this application is at 14-1/2 feet. The portion of the extention in front of the dwelling extends out eight feet (see architect's sketch and site plan). 7. The amount of relief requested in relation to the requirement is substantial, being a variance of 20-1/2 feet, or 58%, for a 14-1/2 feet setback (in lieu of the required 35 feet). The reduction in relation to the existing nonconforming setback is also substantial, being a variance of 31%, or eight feet. 8. It is the opinion of this Board that an alternative to the requested variance, which would allow for a lesser percentage of relief, is a four-foot deck extension from the front of the house. Page 3 - Appeal No. 3825 Matter of SUSAN A. FORBES Decision Rendered March 16, 1989 9. It is the position of this Board in considering this application that: (a) the circumstances are uniquely related to the premises, particularly due to the front yard and lot area nonconformities; (b) the relief as granted is not unreasonable and is the minimal necessary; (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. Dinizio, seconded by Mr. Goehringer, it was RESOLVED, to GRANT alternative relief for approval of a four-foot open deck structure with extension along side of the existing dwelling, and 6 ' x 8 ' portico entry, under Appeal No. 3825 in the Matter of SUSAN A. FORBES, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Deck extension not protrude more than four feet forward of the front of the house, across its entire proposed length. 2. Deck area not be roofed or enclosed for livable floor area. 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 ~ ~. GOEHRINGER, ~HAIRMAN Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 c:0UTHOLD, l.l., N.Y. 11~?1 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR, JOSEPH H. SAWlCKI JAMES DINIZIO, JR. 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 hearing will be held (in addition to those previously advertised) 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 time: 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. Location of Property: 1075 Narrow River Road, Orient, NY; County Tax Map No. 1000-027-03-6.2. Dated: February 9, 1989. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE that your application dated ...,~...t~o~,...~.... ~..~ ..... ,19 .~..~.. for permit to .~..e~...c~,. ..................................... at Location of Property ! o 7 ~. A) ~ _,d~ ~ ..C~ County Tax Map No. 1000 Section ... (~.-%-..'~ ..... Block ..... .O. '~ .... Lot .. L~ :.::~. ...... Subdivision ................. Filed Map No. ~ ............... · Lot2 ......... , ......... is returned herewith and disapproved on the following grounds ~ ~ .~..~. ,/.,~) ~ ~l ~ .,...e...,~....~ ~, ~...~. ~. ~ .% .,~.......,.~.,~ .,~..~.....~ ....~.. ..~x.....~...~., .~ ,,~ ~ Building Inspector RV 1/80 REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because o 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 ~ ~D'II~ ~ CD ~DVI~P~ ~,(~I~E~M~o STATE OF NEW YORK ) ~ ) ss ..~~.: .................. COUNTY OF~ "'~¢L~) .............. ..................... Sworn to this day of......~z....~.:~..~..~ LINDA J. COOPER Notary Public, State of New No. 4822563 SuffolkCoun~ L/t~,) Term Exp res December 31, 19_./_2 ~CEIVED TOWN OF $OUTHOLD, NEW' YORK APPEAL NO. ~5~ DATE -- AJ~PEAb.~FROM DECISION OF BUILDING INSPECTOR /0~ ,0~ ~,-~z~ $0Ut~J~TTs~IL[b~(~ING-- -- -- BOARD OF APPEALS, TOWN OF S~THOLD, N. Y. ........... of ............. Name of Appellant Street and Numar .................... ..................................................... Municipali~ State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) Name of Applicant for permit Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ...(.~..?..~......~..~...~.!.Y'_...F~.....~.L..~...~..!~.T. ............. Street /Hamlet / Use District on Zoning Mop Owner ~ ~ MopNo, Lot No. Prior Owner ~/C4~1~-2~-P= 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 lf2m-b4 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (~') 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. Laws Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (has) has~,~ been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appea! No ................................. Dated ...................................................................... REASON FOR APPEAL ) A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ) ,s requested for the reason that ~ ~"{' ~C~ ~'q-TJ~r ~--~/~I~T /-~P -L)~.. (Continue on other side) TOWN OF SOUTHOLD ~rt~OPERTY RECORD CARD OWNER ' STREET · VILLAGE' DISTRICT SUB. LOT _FOR/v~R OWNER V~,'/'l~ J./'~'-~'~[,',~ N ~ . ,~' : ~' E · '~ . .. ACR~GE ~ND IMP. TOTAL DATE REMARKS AGE BUILDING CONDITION N~ .. F~rm Acre V~lue P~r Tilloble 1 Tillable Tillable 3 ' Wcodlend Swampland Brushland House Plot M. Bldg. la ~ '( S ~2 '"' '7 Z- O) Foundation t~1/ ~.o Bath ~nsion /~lO~ IAOt~qO~ ~ CO ~/Of}/ Ba~ment ~ FI~ eqsion ~ 5 ~ /D X I~ ~ /~ ~ .~ ~ ~ / ~. Walls ~ Interior Finish ~o~< ~tension Fire Place ~ He~ , ~e ~ ~ Porch Attic . ~ ~,~ ~7 .~ ~? / Porch R~ms 1st Flor ' ' ~ Breezewa, -~;~ Patio R~ms 2nd Flor -~ ~mge Driveway ', ¢0.8.,., 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 RDAD- rJTATE RDAD 25 ~OUTHOLD, L.I., N.Y. 11:J71 TELEPHONE (516) 765 1809 March 21, 1989 Ms. Susan A. Forbes P.O. Box 802 Orient, NY 11957 Re: Appeal No. 3825 - Variance Dear Miss Forbes: Transmitted herewith for your perusal and file is a copy of the Board's determination recently rendered by the Board of Appeals granting alternative relief 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. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure Copy of Decision to: Office of the Building Inspectors ~ ~r~~ fApp Southold Town Board o eals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. ACTION OF THE BOARD OF APPEALS Appeal No. 3825: Upon application of SUSAN A. FOP~ES for a 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. Location of Property: 1075 Narrow River Road, Orient, NY; County Tax Map District 1000, Section 27, Block 3, Lot 6.2. WHEREAS, a public hearing was held and concluded on March 9, 1989 in the Matter of the Application of SUSAN A. FORBES under Appeal No. 3825; 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 personall~ viewed and are familiar with the premises ih question, its present zoning and the surrounding areas; and WHEREAS, the Board made the following Findings of Fact: § 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 or 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 land in the same ownership at the effective date of this Article and not adjoining any lot or land in the same ownership at any time subsequent to such date may be used, or a building or structure may be erected on such lot for use, in accordance with all the other applicable provisions of this chapter, provided that proof of such separate ownership is submitted in the form of an abstract of title showing the changes of title to said lot, which abstract shall be in the usual form, shall be certified by an attorney or a company regularly doing such work in Suffolk County or by a corporation duly licensed to examine and ensure title to real property in Suffolk County and shall contain a certification that no contiguous property was owned by an owner of the property involved since the date of any previously applicable Zoning Law. Such lot shall be granted relief for front side and rear yard dimensions as follows: § 100-244 ZONING § 100-250 C. In the case of single and separate ownership 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 I~L. No. 1-1989] § 100-250. Purpose. The purpose of this Article is to standardize procedure for review of site plans and requirements for site plan applications regardless of district. 10144 s- 25. s9 10145 2- 25- 89 ~'~ .... R--80 ~ R-200 I" Forbes-Ergas Design Assoc Inc 157 East 86th. Street. New York 10028 (212) 534-1711 February 22, 1989 Linda Kowalski, Board Sec. Zoning Board of Appeals, Town of Southold Town Hall 53095 Main Road Southold, NY 11971 Dear Linda, Per the recent application that I filed with you regarding approval for the exterior deck in Orient, I am sending you the enclosed letter in support from one of my neighbors. See you on the 9th of March. Sincerely, Susan A. Forbes SAF/DG Encl. LAURENCE B. SUTTER February 10, 1989 TO WHOM IT MAY CONCERN: Re: Application of SUSAN A. FORBE8 The undersigned are owners of the property abutting that of Susan A. Forbes, lying easterly thereto along Narrow River Road in Orient. We have been notified that Ms. Forbes has applied for a variance to construct a deck, as specified in her application. We support the application as an enhancement of the subject premises and of the neighborhood in general. ~truly yours, Laurence B. Sutter LS/mft · A, Section 100-32A for purmissien 8:15 p~kppl. No. 3811 -- Business}. Apptication was £ded cji- to construct 10' by 14' addition RICHARD-- AND $ A N E T . in8 the prior Zoning Code, Article .~~OTX~;;~}L~.. ...... ~..~7~_.(~p c-ingexislingdeck)wilhanin. ~ . SCHLUMPF. Vnfiances: (a) tothe , -VI, Seclicnsl00~Oandl00dll and Law and the Code of the Town of , ..~.~40 · ....... · ~... ,~ .~.pnn pul g ithanm-.:. ~=100-122, andAttinleXXVIIfotthe -------, --. to.owing neannp wm Pr. conic Bay Boulevmd, Laurel, NY; r pursuant to New York Town Law, · M-H Zone Disxrict. Property Loca- be held by the SOUTHOLD TOWN :/*- County'Tax Map District 1000, Seclion280-aforapptovalofaceess ~ tlou: West Side o[ W~ckh~m Avenue, BOARD OF APPEALS at · Regular Section 128, Block I, Lot I L Mee~ing, at the Southold Town Rall, ~. 7:50 p.m. Appl. No. 3823 -- Main Ro~d, S4~old, NY 11 ~71, m ' THOMAS THOMPSON. Variance to THURSDAY, MARCH 9, 1989, at the Zoning Ordinance, Article HI. the following times: Secti~ 100-32, and Bulk Schedule, 7;30 p.m. Appl. No, 3826 -- !. forappmvalofexistingswimming. GLADYS W. HOWI~I ] - Vail·nm to ' puol with deck areas whic~ will have th~ Zerfin8 Ordinance, Artick VII, ~ an insuff'mi~t rearyard setback when Secfiou 100-71for~,~,~val~cou-" '~ aunchedbyamisod~tothere~r0~ v~sieu of exi~u~t access~y I~,'l,'l~S L ~: the existing dwelling. Zone Diet,ct: for dwelling use, accesso~ to the ~ i Agric~lmtaI-Conservation (A-C). Lo- maln dwallin8 structure, in thls Resi. cstion of I~: 2890 Btidge Lane. dential-Office (RO) Zone Dis-tfic~. Locatiou of Pmpuny: 51470 Main Cutchogue, NY; Lot #10 on Map of Ismar Acres (Approved March 13, Road. Sonthold, NY; County Tax 1973); County Tax Mnp District Map District 1000, Sec~n 70, Blodt 1000, Section 85; Blodt 2, Lot 22. .m. Appl. No. 382~ · FORBES. Variance to the d A~icle XXIV, Sectiun approval of open ~ Lot nroa of l~mises i~ mtin# at approximately ] ] 113oo sq. n. in this R-80 Zon~ -- -- 7:40 p.m. AppL No. 33813 -- SHELDON HR.L.g as Tm·tee for Barter·ma Coq~. Employee~ Profit Sharing Tm~ Vntiances to the Son- inll Ordinance, Artinl~ HI, Section 100-32C and Colunm iii of Ibc Bulk · Sc~dttie, for purmission to reduce ove~ private fight-el-way referred to as SUkworth Road extending from the east side of Westphalia Avenue (Read), Mstlituck, NY. Zeue Districx: R-40. Loc~lion of Property: Lot #1, Map of Point Pleasant; County Tax Map District 1000, Section 113, Block 9, Lot 12. :' 8:20 p.m. AppL No. 3785 -- RAYMOND F. Iq~NE, PAMELA ~ AND CHARLES ZAHRA. Special Exception to the Zoning Or- dinance, Anicin I~-A, Seclion 100- Mattituck, NY; County Tax Map Dis~ict 1000, Se~iml 114. Block 3, Lo~I, ~hc Board of Appuals will at said lime and phce hear any and all pur- sous or repmse~talives dedting to be heard in.eaoh of Ihe above matters. mitted prior to the conclusion of the subject hearing. ESd~ hearing will not sun before the time aUctted. For more informali~m, please call 765- 1809. 3lA(R) for punnistsiea to establish 'i i'Da~:l: Febmap/9, 1989. "Bed and Breakfast Use," 'm owner- BY ORDER OF TH~ °ccupied building, other than · hctel, ~: -SOUTHOLD TOWN BOARD 7:55 p.m. AppL No.' 3830 -- - w. here lodgin8 and Ineakfast is pro- OF APPEALS REV, CHARLES BELL. Variances ~ vrded for not mom than six c~al, O~ P. GOEHP,~NGER to the Zoning Ordlnanee~ A~icle l~x~.:~ transiem womerl, and ~g of not · CHAIR_MA~ A, Section 100-32A, and Bulk . m. ore~anth~emoms, in co·june- ~ ByMndeKowalski ~ Schedele, for putmlssim to coMlmct tm· wxth owner-occupancy as a sin- 6197-1TF23 addition at ~r ~ e~isfin8 dwelling . gle-family dwelling me. Location of I. withaninsufBcicmmatyardseth~. Propurty:No~hSideofNewSuffelk" Zone District: R-40. Location of : Avmue, Mattimck. NY; County-TaW '. · ProperS: 1330 D~una l~iv~, Matli- Map District 1000. Section 114, ~i = tuck, NY; Lot ~2, Deep Hole Cn."ck Block 11, Lot 20. Zoae Dis~c~ R. ! ~ Estates; County Tnx Map District 40. : 1000, Sectin~ 115, Block 15, Let 15. 8:00 p.m. AFpl. No. 3814 -- 8:30 p.m. AppL No. 3829 --' ': FRED RENGANESCI AND BAR- ''~ ' RYCK KOKB. Variance to the Z~- BARA REITER as Applicants for a ~ lng O~llnance, A~clel~*A, Sec~m ~ :, Reversal of a Determination by 100-32A, for approval of swimmin# L Building Inspuctorto Grant Building pool with fence mdosum in the side ~L.'- Permit No. 1750~-Z dated October 6. · yaxd area. Zone D/strict: R-40. Loc·- ..77.1988 coucemin8 · proposed ddeyard~tol~ss*md~requlred~O , ,~,onorpropcrty:i:~qSl~huh~dyLane,! .~ 8:10 p.m. A~I. No. 38~ ~ n~ndeof~dAvenu~Mnm- A~de~ ~c~ 1~33 ;-~ ~[ ~ $ th Id To B cl lapp Is MAIN ~OAD STATE ROAD 25 ~OUTHO N (6) 09 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE OOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZiO, JR. TO WIqOM IT MAY CONCER/q: 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 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. 119'71 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. the Zoning Ordinance, XXIV, Section 100-244 No. 3825 - SUSAN A. FORBES. Variance to Article III, Section 100-31, and Article 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 Zonet 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, 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. 7:45 p.m. Appl. No. 3828 - ROSEMARy SULLIVAN. Variances to the Zoning Ordinance, Article III-A, Section i00-32A 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. 8:15 p.m. Appl. No. 3811 - RICHARD AND JANET SCHLUMPF. 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: Pleasant; Lot 12. R-40. Location of Property: Lot #1, Map of Point County Tax Map District 1000, 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 ZAHRA. 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 Southold 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 CHAIRM3%N 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 Men,hers (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 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 Southold Town Board of Appeals MAIN ROAD- ST'ATE ROAD 25 c:OUTHOLD, 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. March 9, 1989 S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significanc~ APPEAL NO.: 3825 PROJECT NAME: SUSAN A. FORBES 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: IX] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION:~Approv~l of open deck addition with an insufficient front yard setback LOCATION OF PROJECT: Town of South01d, County of Suffolk, more particularly knQwn a~: 1075 Narrow River R~ad, Or~ent~ NY 1000-27-3-6.2 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 FOR FURTHER INFO~4ATION, PLEASE CONTACT: Linda 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. mc JUDITH 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 I 179 Southold, New York 11971 TELEPHONE (516) 765-1801 From: Judith T. Terry, Southold Town Clerk Dated: February 6, 1989 Transmitted herewith is Zoning Appeal NO. Susan A. Forbes · 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 Southold Town Clerk 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSI~IENT FORM SEQR For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) I. APPLICANTISPONSOR I 2o PROJECT NAME 3. PROJECT LOCATION: MunicIDallfy -- County 4. PRECISE LOCATION (Street address aaa road intersecRons, p~ominenl landmarks, etc., or provide maD) ~/~T~ N~ ~a~ //~G7 5. IS PROPOSED ACTION: ~ New [] Exoansion 6. ~)ESCRJBE PROJECT BRIEFLY: [~] ModificatlonlatteraRon ?. AMOUNT OF LAND AFFECTED; NO. describe briery ~/1~/.,/.~:~ ~)O~/J rT ~MpL~ /.d~T/~/-~.~J~T /-,-41&/p '/.)~ ~I21~E'~I,I~, F-Yz>u.SE_ ~U/~T IN 1~5~, 9. WHAT IS PRESENT I..~ND USE IN VICiN~li OF PROJECT? Descn~e; [] Park/Fore=i/Open sDace [] Olher 10. DOES ACTION INVOLVE A PERMIT APPROVAL OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAl. J? ~]Yes r~No If yes, Iisi agency(s) and permit/approvals 11 . DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMiT/APPROVAL REOUIRE MODIFICAr ON? []Ye, [--~No ' CERTIFY THAT THE INFORMATION PROVIOED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE I! the action is in the Coastal Area. and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER I (Continued on reverse side) The N.y.$. Environmental Quality Review Act requires Of this form, and an environmental review w~ll be mage by submission before any action is taken, this board ~RORT ENVIRONMENTAL. ASSESSMENT FO~! INSTRU~TIONS~: (a) In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not Significant. (d) En~vironmental Assessmene 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? 2. Will there be a major change to any Unique or unusual land form on the site? 3. Will project alter Or have a large effect on an existing body of water? 4. Will project have a potentially large, imuact on groundwater quality? 5. Will project significantly effect drainage flow on adjacent sites? 6. Will project affect any threatened or endangered plant or animal species? 7. Will project result in a major adverse effect on air quality? 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known bo be important to the community? Yes ,_~No 9. Will project adversely impact any site or Struct- ure of historic, pre-historic, or paleontologi=ak, importance or any site designated as a critical envircnmental area by a local agency? - Yes ~No 10. Will project have a m~jor effect on existing or future recreational opportunities? Yes _~ NO i1. Will project result in major traffic problems or cause a major effect to existing transportation Yes ~ No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? ~Yes 13. Will project have any impact on public health 14. Will project affect the existinq community by directly causing a growta in permanent popula- tion of more than 5 percent Over a one-year period or have a major negative effecb on the charact~r of the community or neighborhood? 15. Is there pUblic controversy COncerning the project? Representing:. QUESTIO~NAIRE TO BE C@>~PLETED AND SUB~ITTED ~ITH YOUR APPL£CATION /"O;~S '['O '['I{E 6~k'\RD ~)F A~DEALS Please complete, sign and return to the Office of tile 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 chang~ or alter land contours? Yes No 2.a)Are there any areas which Contain wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference.) Yes b)Are there any areas open to a waterway without bulkhead? Yes 3. Are there existing structures at or below ground level, such as patios, foundations, etc? Yes 4. Are there any existing or proposed fences, concrete barriers, decks, etc? Yes 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. No/ No/ No/ No/ e Yes No/ If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total: ft. Yes NO~j 7. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Yes No~f 8. Are there any building permits pending on this parcel (or abutting land under your ownership, if any)? Yes Now State Permit # and Nature: Do state whether or not applications are. pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning Board Town Board Town Trustees County Health Department Village of Greenport N.Y.S.D.E.C. Other Yes No~ Yes No~~ Yes No~-~ Yes No/ Yes No.~ Yes No~~ Yes No~× 10. Is premises pending a sale o~ conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from cqntract) 11. Is new construction proposed in the area of contours at 5 feet or less as exists? Yes No~/ Yes No~~ 12. If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have you made application to the Town Trustees for an 'inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? Yes No ~ 13. Please list present use or operations conducted upon the subject property at this time i~~-~l~ and proposed f2i~'i~ ~4 i~[ - Please submit photographs ~or tl~e record. I certify that the above statements are true and are being submitted reliance by the Board of Appeals in considering my application. migna~ure (Pr~pe~y OQner) (Au[norize~ Agent) 1/88 for WETLANDs [Amended 8-2fi-7~; hy L.L. No. '~- ~ - · 85 by L.L. No. 6-19S5l: ~ I.I ~G..%2fl- A. TIDAL W,~TLANDS: (1) All lands generally coy,..,,d or iutcrmittently .~v. ered with. or w ~ cb bord,,r on. tidal wah:r., or lan,is lying beneath tidal waters, which at mean Iow tide are covered by tid I waler~ to a maximnm de~th of five (5) feet. inel.din~ but not limited to banks. bogs. salt marsh. 5waffl[~. meadow~, flat~ or other low lying lands subject to tidal aetinn: (2) All banks, bogs, meadows, flats and tidal mar:ih subject ~ such tides ami Upon which grows or may grow some or any of tim following: sal~ l,ay, black grass, saltwort, sea lavender, tall eord~rass, high bush. cattails, ffroundsel, marshmallow and iow march cordgrass; and/hr (3) All land immediately adjacent to a tidal Wetland as defined in Subsection A~2) and lying within seven. fy-five (75) fee~ landward of the must landward edffe of such a tidal wetland. FRESHWATER WBTLANI)S: (1) "~reshwa~r wetlands" as defined in Article 2.1, Ti- tle 1, ~ 24-0107, Subdivisions l(a) ~ l(d) inclusive. of the Environmen~l Conservation Law of the Sta~ of New York; and (2) All land immediately adfaeent to a "freshwater wet- !and," as defiued in Subsection 13(I) ami lying- with. in seventy-five (75) feet landward of the most land- ward edge ora "freshwater wetland." 9705 12:07 SOUTHOLD SAVINGS [~ 004/004 $OUTHOLD, H, Y. CERTIFICATE OF OCCUPANCY No...Z L~.~, Dote December 1 19 THIS CERTIFIES that the. building located ot~a~r.o:~...B.i,v.]e, zL..Bfl.,.fgST~..~.~.,.~.,,...OD,f~gt' NaY conforms substantially to the Application for Building Permit heretofore filed in this office doted dated ........................... ~5...~.~ ............. 19..~.~.., was issued, and conforms to oll of the requirements of the applicable provisions of the Iow. The occupancy for which this certificate is issued ls 'P~TE O~ FAtalv D~LLZNG Thss ce~fficete is issued to Harrx G. RecF~rt~ o~mer of the aforesaid building. Building Inspector I H0'WA~RD M. TEE.RY /- 12:06 '~ SOUTHOLD SAVII~ ~ 002/'004 A~, ~ YO~k, N~ York ~d 152 ~t 94~ S~t,' N~ York, ~ York. party of :he fiest p;rt, and SUSAN A. FO~ residing at 152 East 94th Street, New York, New York. party of the second part, WITNF.$$£TH, that the party of the first par(, in consideration off te~ dollars ind other valuable conslderafiol~ pald by the party of-the second par~, doc~ hereby grant and release unto the ~rt~ o~ thc ~econd part, the heirs or successors and assigns ot thc party of Ibc second part forcver~ AL~ ~hat certain ploL plccc or parcel of land, wi~h ~he buildings and impro~emt'ms Ihercon creeled, situale, lying and being ~ at ~i~tt ~ of ~u~l~, ~ of S~fo~ ~ S~ of ~ York, ~ ~d ~s~ as foll~s~- B~SINNING at a point on the northerly side of King Stzee~ (a/k/a Narrow River Road) distant 237.70 feet easterly from f_he corner forme~ by the i~t~rseetion of t2~e nor~her!y side of King Street with the easterly sid~ of King St.; running thence along land of Holtzman, North 25' 03' 20" West 70.80 feet to land of Vilna Estates, Inc.; running thence along said land, North 67' 18' 10" ~ast 157.62 feet to land of A. ~lc~gett; z%alning thence along land of A. Blodgett, South 18~ 13' 20" East 82.60 feet ~o the northerl}, side of King Street; ,~uunln9 thence alon9 the northerly side of Kin~ Street, S~uth 7f 46' 40" %~st 148.72 feet tO the point or place of ~EGIA%NING. ~IN~ AND Ilvl~qDED TO BE the same premises conveyed to the party of the first part by deed of 'HARRY APPELGATE and CLAIRE B. APPELGAT~, dated March 19.81and recorded in the suffolk Co%=lty Clerk's Office on 14arch 3:1, 19 81in ~t~mr 0981. pa~e 141 * Subject to mortgage held by ~outhold Savings Bank dated 15, 1972 and recorded September 21, 1972 in the Office of the Clerk of the County of Suffolk in Liber 6491n~ 142with a present balanos of $1 4,415.01. TOGI{TIIER with all right, lille..nd inlerest, if an)', of the party of the firt~l parl in and I,, ;,ny str(.cl~ roat]~ abutllllg th[' ahov[' descritwd premises [o the cent~.r lines thcr('o[; TOGETH I~N ~vi[h Ibc ;~ppurlenant','~ and all II~' ['~lalt' ami r~fflu~ of the p~rtv of ~he firsl parc m and 13 .~ld p~cmises; TO HAW AND I}~, peri), of Ibc second part forever. AND thc party of thc firsl part covenants that the patty of thc first part has not done or suffer,.'d a~l.vthing whes-,;b), thc ~ald prcmls~s have be~.n encumbered in any way ~shatever. cxccpl a~ a{orcsald. ~N D Iht ~arty of thc first part, sn comphance w~th .~cl~on I~ of tile Lien ~w, vovcnanl~ Ihal thc fir~l peri wi I rcce ye the con~ideral on for this conveya~e and will hold the, right Io receive ~uch consld- rr~ ,on as a trust fund Io be applied first for the purpose of paving Iht colt of the improvement and will applF lh~, same Rr~l to thc payment o{ the cos o~ the ,mprovement before us ng a.~ part of the total of any .ther purpOSe, T~ word "p~rt~" shall be construed as if it read "parfi~" whenever Ibc Sense of Ihls indentpre $o requires. IN WITNESS WHEREOF, the p~rt~ oi Ihe first part has duly execuled Ih~s deed Iht day and 3car firsl alive OF: ~/ ~ ~2zO2z89 12'.07 STATE 0~ ~SW Y~R~ ~OUN~ OF ~W ~Ork On ~c ~r~y ~t T ....... 19 before mc pet~on~tlv c~me ....... ~ 84' io tuc ktil;~n ~o br iht ;ndlvhhml s described in 3nd txecuecd (he forvgmn~ inslrumenl, and acknowledged that they executed the ~me. STATZ Or NEW YORK, GOUNTY OP SS: ()n :he d~y of 19 . before me :,~ m: hno..vn, who, b~inff by mc dul~' ~w~rn. did d:pusc and ~ay that he resides at No. thai hc is the o~ , the ¢orporadon described in and which ex~cuted (l~e foregoing instrument ~hat he knows the sea o~ said corporation; that the seal m~xed a~xed by order of the board of directors' of s~id corpora- Hon, lnd ~hmt he Signed h n~me thereto by like order. SOUTHOLD SAVINGO STATS OR NSW YOKK, COUNTY O~ On ll~e day of pcrson&lly cmmc to me known to be the individual descr'ibed in and who executed the foregoing instrument, and acknowledged that executed the same, ~ 003/004 19 , before me STATE O~ N[W YORK. COUNTY OF On the day of 19 , before me personally came thc subscrlb~ng wiincs,~ to the foregoing insti'unie,:t, whom ! am personally K¢flu~inted, who, bein~ by me dul~ Sworn, did depose and ~y that he reslde~ at No, that he'knows tO be the individual described in and who bxecuted 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. TO ~tOKld O~t NEW YORK ,0ARD OF TITLS UNOERWRST~RI CHICAGO TIT~ SECTION BLOCK LOT COUNTY OR TOWN KecGrded I~ R. equett o/ NO, Ill 17& 5.1 "~JR('~)II~.~ COUNTY OF SUFFOLK Properly Tax Service Agency ~_~o~, :.__ $*2 '~IR(~)II ~a COUNTY OF SUFFOLK Property Tax Service Agency Appe~ ~o. 1161 TOVFN OF SOUTHOLD, NEW RK ACTI,ON OF THE ZONING BOARD OF APPEALS DATE _...~_~]~_~_..~.$..9 l~ / ACTION OF TH~2 ZONING ~OAP~D OF APPEAL~ OF THE TOV~N OF SOU~O~ Appellant at a mecth,g of the Zeroing Board ,of Appeals on '~Z,(~B~'m was oonsldered and t~e a~on indicated below was t~ken on your , ) ~qusst for v~i~ce due ~ lack of acce~ ~ property ( ) Request for a sp~ except~ under the Z~ing Ordinance (X) ~ques~ for a va~ec ~ th~ Z~g ~d~ance ~ ) ~ lSm l~e appeal l. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be donied p~rsuant to Art}tlc ............... ;.. Section .................. Subsection .......... paragraph .................. of the Zoning Ordinance, and the decision ol the Building Inspector ( ) be reversed ( ) be confirmed because 7~0 ~ ~e {~e~e~e)* ~ ~~ O~ ~ ~ o£ a. V. ~.2~. ~outh by ~ street, ~t by aolt~mm. 2. VARIANCE. B~ resolution of the Board it was determined that fa) Strict application of the Ordinanoe (would) (would not) p~duce practical difficulties or unnec- essary h~rdship because (b) The bardOdp creased (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and h~ the same use district because (c) The var:'ance (does) (does not) observe the spirit of thc Ordinance and (would) change the character of the district because (would not) and thexeforo, it was further det~ that 9he requested varimme ( ) be granted ( ) be denied and that the prtwioas decisi~ of th,e Building Ir~spector ( ) be confirmed ( ) be reversed. FORM ZB4 ZONINO BOARD OF APPEALS NOIICE OF HEARINGS N('~TICE IS HEREBY · .4/ 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 119~l, on THURSDAY, MARCH 9, 1989, at the following times: 7:30 p.m. Appl. No. 3826-- GLADYS W. HOWELL. Vari- ance to the Zoning Ordinance, Article VII, Section 100-71 for approval of conversion of exist- ing accessory building for dwell- ing use, accessory to the main dwelling structure, in this Resi- dential-Office (RO) Zone Dis- trict. Location of Property: 51470 Main Road, Southold, NY; County Tax Map District l~l~l~l~l~l~l~l~l~}O, Section 70. Block 2, Lot 2. r 7:35 p.m. Appl. No. 3825'~"~ SUSAN A. FORBES. Variance to the Zoning Ordinance, Arti- cle I11, Section 100-31, and Arti- cle XXIV, Section 100-244 for approval of open deck addition with an insufficient front yard setback· Lot area of premises is nonconforming at approximate- I ly 11,300 sq. ft. in this R-80 Zone District. ~=' 7:40 p.m. AppL No. 33813-- SHELDON HILLS as Trustee for Barterama Corp. Employees Profit Sharing Trust. Variances to the Zoning Ordinance, Arti- cle Ill, Section 100-32C and Column iii of the Bulk Sche- dule, for permission to reduce side yards to less than the re- quired 20 and 25 feet, and less than the total 45 feet for ~$th sideyards, on this 2+ acre va- cant parcel. Zone District: R-80. Location of Property: Private ~,~ Right-of-Way re[erred to as Pri- vate Road #11 (a!so referred to as Aldrich Lane Extension), ex- tending 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 Ordi- nance, Article III-A, Section 100-32A'for permission to con- struct 10' by 14' addition (re- placing 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 Voulevard, Laurel, NY; County Tax Map District 1000, Section 128, Blo~;k 1, Lot 11 .... COUNTY OF SUFFOLK STATE OF NEW YORK ss: Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ..................... ../. .... weeks successively, commencing on the ......... .'.'~.~..~../. ...... day ...... , Sworn to before me this .......... .~...~....~..... dayof ....... ....... Notary Public B~,RBARA A. SCHNEIDER r!OTAR\' PL'BLIC, Stale of New York r~o. 4806846 O,,alified in Suffolk County// NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267/~,r the Town Law and the Code of the Town of Southold, the following hearing will be held (in addition to those pre- viously advertised) by the SOUTHOLD TOWN BOARD OF A'PPEALS at a Regular Mee~tlg~ at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, MARCH 9, 1989, at the follow- ing time: 7:35 p.m. Appl. No. 3825-- SUSAN A. FORBES. Variance to the Zoning Ordinance, Arti- cle III, Secuon 100-31, and Ar- ticle XXIV, Section 100-244 for approval of open deck addition with a~finsbfficient front yard setback: Lot area of premises is nonconforming at approximate- ly 11,300 sq. ft. in this R-80 Zone Distriet;.Loca;tion of Property: 1075',,Nhi'row River Road, Orient, NY; County Tax Map No. 1000-027-03-6.2. Dated: February 9, 1989. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowaiski IX, 3/2/89 (2) COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ...................... ./ .... weeks successively, commencing on the ...................... day of....~.CO~...~ ...... , 19..~.?. Sworn to before me this ~"~ day of ....... ~.~f. :~. ...... , 19 . .~...~. Notary Public BARBARA Am $CHNEIDEI~ I~OTAP, Y PUBLIC, State of New York Ne. Z~06846 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearing will be held (in addition to those pre- viously advertised) by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, MARCH 9, t989, at the follow- ing time: 7:35 p.m. Appl. No. 3825-- SUSAN A. FORBES. Variance to the Zoning Ordinance, Arti- cle Ill, Section 100-31, and Ar- ticle XXIV, Section 100-244 for approval of open deck addition with an insufficient front yard setback. Lot area of premises is ngnconforming at approximate- ly 11,300 sq. ft. in this R-80 Zone District. Loca;tion of Property: 1075 Narrow River Road, Orient, NY; County Tax Map No. 1000-027-03-6.2. Dated: February 9, 1989. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski IX, 3/2/89 (2) COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND IRAVELER-WAICHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island lravele, j'-Watchman once each week for .........................../ weeks successively, commencing on the ...................... dayof ....... Sworn to before me this ..................... day of ...... ....... Notary Public P, ARBARA A. SCHNEIDER NOTARY PUBLIC, State of New York No. 4806846 quali[i~d in Suffolk Coun.~y / pursuant ~ ~eu 267 of ~e Town Law and'~ Lo'~of the Town of Soothold, the following headn$ w~ oosly ~'ve~d) ~ the SOUTHOLD TOWN BOARD OF APPEALS at · Town Hall, Main Ro~d, Sorehead, 7:35 I~m. Appl. No. 3825 -- SUSAN A. FORBES. Vn6noce to th~ Zomln80~dinsnce, Artlc~e Se~ea 100-31, and A~ic~e XXIV, Otieat, NY; County Ta~ Map No. 1000-02q-03~.2. Ds~ed: F-.ebma~ 9, 1989. GERARD P. GOEHR1NGER By Linda Kownlski STATE OF MEW YORK) )SS: ~OUMTY OF SUFFOLK) ,~ .. ~ ~. ~ ~_ ~. ....... of Mattituck, In said C~'u~y]'~l~*d~l~o~, ~ t~t he/she b Prlnci~l ~lerk of THE SUFFOLK TIMES, a Weekly Newspaper, publbhad at Mattltuc~ In tha Town of Southold, ~un~ of Suffolk and State of New Yo~, and tht the Notice of ~lch t~ a~exed b a ~int~ ~, ~ b~n r~ula~ ~bli~ in said Newspaper once each week f~ 1 weeks successively, commencing on the 2 day of March 19 89 Principal Clerk STATE OF NEW YORK) )SS: OOUNTY OF SUFFOLK) Maribmth Pow~rm of Mattituck, In said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspsper, publbhad at Mattltucl~ in the Town of $outhoM, County of Suffolk and State of New York, and that the Notice of which the annexed Is a printed copy, has been rngula~ published in said Newspaper once each week for 1 weeks successively, commencing on the 2 day of March 19 89 Principal Clerk ~ I~'ARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of to the Board of Appeals of the Town of Southold NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That ir is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a~(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: !_/~. _~ J'~ ,~JV~..~D~,C); ~J~_~J~l~T 3. That the property which is the subject of such Petition is located in the following zoning district: 4 That by such Petition, the undersigned will request the following relief: 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article ~ Sect/on [ ] 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 may then and there examine the same during regular office hours. (516) 7~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: ¢~.~. '~ j, J.F~ ~ . Owner s ' Name s :~._~~ Post Office Address Tel . [Copy of sketch or plan showing proposal to be attached for convenience purposes.] p 866 366 334 RECEIPT FOR CERTIFtED MAIL (See Reverse) Sent to s CERTIFIED MAIL P 866 366 335 R£OE~PT FOR ~E~T;~NEO ~A~L Street and No P 0 State and ZIP Code Postage ~ Return Rec ~ g to whom P 866 366 336 ~ 8£CBPT FOR CERTiFiED MA~L NO 4NSURANCE COVERAGE PfiOV~DED NOT FOR INTERNATIONAL MA~L (See Reverse) Sent to S reet and No P 0 State and ZIP Code Postage Return Receipt to whom and Date STATE OF NEW YORK ) COUNTY OF SUFFOLK) ~ , being duly sworn, deposes and says tha{ on the '~ day of ~Z~lT.J,f . 19 ~ , deponent mailed a true copy of the Notice set forth on the re- verse sid~ hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- rice at ¢. ~l'a'~/l', ¢,~4,4~-r-r~6,.~ ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to, before me this /~, '~ day ofk'~.Z-.~'~.z~.o~L , 19 ~/ ~otary Public / - LINDA J, COOPER Notary Public State of NewYork No, 4822563, Suffolk County Tr, rm Expires December 31, 19 (This side does not have to be completed on form transmitted to adjoining property owners.) ,I