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HomeMy WebLinkAbout3850 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 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX No. (516) 765-1823 ACTION OF THE BOARD OF APPEALS Appl. No. 3850: Matter of ROBERT GABRIEL for a Variance to the Zoning Ordinance, Article III, Section 100-32 and Section 100-13 as Disapproved, for permission to construct new dwelling upon Lot #1 in this Subdivision known as "Map of Richard J. Cron," County Clerk's Map No. 7975, filed 9/30/85, said lot having an insufficient width at the proposed building setback line. Property location: West Side of Aldrich Lane, Laurel, NY; County Tax Map District 1000, Section 125, Block 2, Lot 1.14. WHEREAS, a public hearing was held on June 29, 1989 under Appeal No. 3850; 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 a vacant parcel of land located along the westerly side of Aldrich Lane, in the Hamlet of Laurel, Town of Southold, containing a total lot area of approximately 2.2 acres, and is identified on the Suffolk County Tax Maps as District 1000, Section 125, Block 2, Lot 1.14. Page 2 - Appeal No. 3850 Matter of ROBERT GABRIEL Decision Rendered June 29, 1989 2. The subject premises is known as Lot No. 1 on the Major subdivision "Map of Richard J. Cron," which was approved by the Southold Town Planning Board on July 29, 1985, said map having been filed with the Suffolk County Clerk on September 30, 1985 under File No. 7975. 3. Article III, Section 100-32 and Column ii of the Bulk Schedule of the Zoning Code requires a minimum lot width {frontage) at 175 feet. 4. Article I, Section 100-13, defines lot width to be the "...average distance between side lot lines, taken at the front yard or setback line and measured at right angles to the side lot lines or along a line parallel to the street .... " 5. The lot under consideration is vacant and the front yard line has not been established, except that the minimum requirement for a principal structure is required to be at 60 or more feet from the front property line. 6. By this application, appellant requests a variance to locate a new principal dwelling structure slightly closer than the building setback line shown on the subdivision map and in an area where the lot width narrows down to approximately 160 feet in width. The distance of the proposed house location is sketched on the survey map to be not less than 200 feet from the front property line, although closer than the originally planned setback line is substantially greater than the normal front yard setback requirements for a principal dwelling in this R-80 Zone District. 7. It is the position of this Board in considering this application that: (a) the circumstances are uniquely related to the varied contours of the land and general layout of the major subdivision ; (b) the relief is not substantial and is the minimal necessary under the circumstances; (c) the relief as granted will not alter the essential character of the neighborhood; (d) there is no other method for appellant to pursue, other than a variance; {e) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town, or be adverse to neighboring properties. Page 3 - Appeal No. 3850 Matter of ROBERT GABRIEL Decision Rendered June 29, 1989 Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to GRANT a Variance in the Matter of the Application of ROBERT GABRIEL under Appeal No. 3850 for approval of the location of a new dwelling structure at a building setback line approximately 200 feet from the front property line, where the lot width of the parcel is reduced to less than the required minimum of 175 feet. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Sawicki and Dinizio. This resolution was duly adopted. lk 1 RECEIVED AND FILED BY THE SOU~OLD ?OVa~ CL~K DATE '?,,~,/~c~ HOUR Town Clerk, Town of Southold t SVFFO(,�- Town Hall Annex BOARD MEMBERS ®�® ®� Leslie Kanes Weisman,Chairperson =� '�� 53095 Route 25,Main Road Patricia Acampora ® P.O. Box 1179 Eric Dantes Southold,NY 11971 Robert Lennert,Jr. .�� ®� Telephone(631)765-1809 Nicholas Planamento http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD April 4, 2023 Martin Finnegan, P.C. Attorney at Law P.O. Box 1452 Mattituck, NY 11952 Re: De Minimus Request, File#3850 Matter of Robert Gabriel, 2295 Aldrich Lane, Laurel 1 SCTM No. 1000-125-2-1.14 Dear Mr. Finnegan; We are in receipt of your letter dated February 28, 2023 requesting a de minimus approval related to ZBA determination#3850, dated June 29, 1989, in which an area variance was granted to permit the applicant to reposition the front yard setback line of a parcel in order to construct a new dwelling. In your correspondence, you explain that the Planning Board moved the front yard setback line back to the point on the parcel where the lot is 175 feet wide, in order to avoid an urban runoff located at the west end of the lot. You state that this decision had the effect of sterilizing this lot from development since construction on the west end is not feasible. In 1989, Appeal No. 3850, the Zoning Board of Appeals made a determination to shift the setback to 200 feet from 327 feet in order to provide assistance to the property owner in placing a primary structure upon the lot. Since that time,the urban runoff area has grown and your client will now require additional approval to reduce the front yard setback from 200 feet to 150 feet. You further explain that neighboring parcels have been developed with homes having front yard setbacks as close as 130 feet from Aldrich Lane. I have reviewed your correspondence and the applicant's files and have determined that that your request is de minimus in nature. Please contact our office if you have any further questions or concerns. Sice ly, Leslie Kanes Weisman, Chairperson cc: Building Department FINNEGAN LAW, P.C. 13250 \,LAIN ROAD 1'.0. BOX 1452 MAT1-1TLICK, NEW PORK 11952 (631) 315-6070 MARTIN D. FINNEGAN, ESQ. MFINNEGAN@NORTHFORK.LAW -------------- Via Electronic Mail April 3, 2023 Ms. Leslie Kanes Weisman, Chairperson Town of Southold Zoning Board of Appeals PO Box 1179 Southold, NY 11971-0959 Re: Matter of Robert Gabriel - ZBA Determination #3850 of 1989 Premises: 2295 Aldrich Lane, Laurel, NY 11938 SCTM: 1000-125.00-02.00-001.014 Dear Chairperson Weisman and Members of the Board: This office represents Joseph P. Lebkuecher, III who is the owner of the above referenced parcel located at 2295 Aldrich Lane, Laurel. This parcel is also known as Lot 1 on the Subdivision Map of Land of Richard J. Cron, filed September 30, 1985 as Map No. 7975. A copy of the filed map is attached here as Exhibit "A" for your convenient reference. As you will note, unlike the other 5 lots on the map that are 175 feet wide, Lot 1 has an angled configuration such that its width on the eastern end is only 138 feet. Although it was not required under the Town Code, the Planning Board apparently moved the front setback line back to the point on the parcel where the lot is 175 feet wide. As depicted on the attached Exhibit "B", the western end of the subject lot lies within an urban runoff path. Due to the steep slopes in the back half of the lot, the area essentially acts as a drainage sump in heavy rains. As such, the setback has had the effect of sterilizing this lot from development since construction on the west end is not feasible. In recognition of this hardship the ZBA granted a lot width variance in 1989 to move the setback up to 200' from 327' feet (See, ZBA Determination #3850 of 1989 attached hereto as Exhibit "C"). Since that time, the urban runoff area has grown and the neighboring parcels have been developed with homes with front yard setbacks as close as 130' from Aldrich Lane. In order to accommodate future construction on this parcel outside of the drainage swale, the property owner is requesting a de minimus modification of the prior ZBA Determination to reduce the allowable front yard setback from 200' to 150'. This setback will place the footprint of the home in line with the location of the other existing homes on the west side of Aldrich Lane and is therefore consistent with the character of those homes with no perceivable adverse impacts to the surrounding neighborhood. We respectfully request that this request be placed on the Board's next agenda for review. Should the Board have any questions or require any further information, please do not hesitate to contact me. Thank you for your consideration. 2Verrytruours, innegan MDF/as Encl. cc: Paul DeChance, Town Attorney David J. Jannuzzi, Esq. Joseph P. Lebkeucher t EXHIBIT "A" . - 7975 aFlLEND. -•- 9956 OKA. - ,,,,, \ MLEDSEP301985 = r,r r _ ✓ „ —a— ,.�• "e FILED. 1llSi34uDes_:••••-• � 1 JAN � ✓+l LAN OF mw..n..0 uruw..umau:lvn:.id�m:.��.w.:".".;'e..u•. � gyp. LAND OF RICHARD J.CRON ® •muw rwwwn• w�� ..our `y e✓+� '\ I AT LALPEL w e•.rt mmo m...wr w.w.u.w.m e�mu.+l;.a..,�.cru•u ,.N`a , TOWN OF SOUTHOLD ....wu• `,\ SUFF.CO,N.Y. a •„ ------------ o� : �_� ~�ww�...• w_w..•__ r_....m.. EXHIBIT "B" .dam• " t N�4 �.i'i4 ,1�►� $ .r AL- 1 4k VV r r ' l „ EXHIBIT "C" ` //�� /�� �. /aa yC7'od,�.r� /SP1- �•/� �`�,�� / # .3�FSv P.//.c 6/uf 8`� .DEC, ,u,��� � ����-�' - Qui°^"" ,I i o � ' Board of A eals Southold Town ' ►1 ���� 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. SAWICKI JAMES DINIZIO,JR. ACTION OF THE BOARD OF APPEALS Appl. No. 3850: Matter of ROBERT GABRIEL for a Variance to the Zoning Ordinance, Article III, Section 100-32 and Section 100-13 as Disapproved, for permission to construct new dwelling upon Lot #1 in this Subdivision known as "Map of Richard J. Cron," County Clerk's Map No. 7975, filed 9/30/85, said lot having an insufficient width at the proposed building setback line. Property location: West Side of Aldrich Lane, Laurel, NY; County Tax Map District 1000, Section 125, Block 2, Lot 1.14. WHEREAS, a public hearing was held on June 29, 1989 under Appeal No. 3850; 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 a vacant parcel of land located along the westerly side of Aldrich Lane, in the Hamlet of Laurel, Town of Southold, containing a total lot area of approximately 2.2 acres, and is identified on the Suffolk County Tax Maps as District 1000, Section 125, Block 2, Lot 1.14. Page 2 - Appeal No. 3850 Matter of ROBERT GABRIEL Decision Rendered June 29, 1989 2. The subject premises is known as Lot No. 1 on the Major Subdivision "Map of Richard J. Cron," which was approved by the Southold Town Planning Board on July 29, 1985, said map having been filed with the Suffolk County Clerk on September 30, 1985' under File No. 7975. 3. Article III, Section 100-32 and Column ii of the Bulk Schedule of the Zoning Code requires a minimum lot width (frontage) at 175 feet. 4. Article I, Section 100-13, defines lot width to be the " . . .average distance between side lot lines, taken at the front yard or setback line and measured at right angles to the side lot lines or along a line parallel to the street. . . ." 5. The lot under consideration is vacant and the front yard line has not been established, except that the minimum requirement for a principal structure is required to be at 60 or more feet from the front property line. 6. By this application, appellant requests a variance to locate a new principal dwelling structure slightly closer than the building setback line shown on the subdivision map and in an area where the lot width narrows down to approximately 160 feet in width. The distance of the proposed house location is sketched on the survey map to be not less than 200 feet from the front property line, although closer than the originally planned setback line is substantially greater than the normal front yard setback requirements for a principal dwelling in this R-80 Zone District. 7. It is the position of this Board in considering this application that: (a) the circumstances are uniquely related to the varied contours of the land and general layout of the major subdivision ; (b) the relief is not substantial and is the minimal necessary under the circumstances; (c) the relief as granted will not alter the essential character of the neighborhood; (d) there is no other method for appellant to pursue, other than a variance; (e) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town, or be adverse to neighboring properties. Page 3 - Appeal No. 3850 Matter of ROBERT GABRIEL Decision Rendered June 29, 1989 Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to GRANT a Variance in the Matter of the Application of ROBERT GABRIEL under Appeal No. 3850 for approval of the location of a new dwelling structure at a building setback line approximately 200 feet from the front property line, where the lot width of the parcel is reduced to less than the required minimum of 175 feet. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Sawicki and Dinizio. This resolution was duly adopted. lk GERARD P. GO INGER, OMIRMAN RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE 7/ S HOUR Town Clerk, Town of Southold F- 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.SAWICKI 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, JUNE 29, 1989, at the following times: 7:30 p.m. Appl. No. 3841 - GERARD W. GAUGHRAN. Variance to the Zoning. Ordinance, Article VII, Section 100-72 (Article III, Section 100-31 under the previous zoning code) for permission to construct addition(s) to existing single-family dwelling structure with an insufficient rear yard setback from the northerly property line. Lot area of premises is nonconforming at 2.5,634 sq. ft. in this R-0 Zone District. Location of Prap 49925 Main Road, Southold, NY; County Tax Map No. 1000-70-5-2. Page 2 . Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 29, 1989 7:35 p.m. Appl. No. 3850. ROBERT GABRIEL. Variance to the Zoning Ordinance, Article III, Section 100-32 and Section 100-13, as Disapproved, for permission to construct new dwelling upon Lot #1 in this Subdivision known as "Map of Richard J. Cron," County Clerk' s Map No. 7975, filed 9-30-85, said lot having an insufficient width at the proposed building setback line. Property location: West Side of Aldrich Lane, Laurel; County Tax Map District 1000, Section 125, Block 2, Lot 1 7: 40 p.m. Appl. No. 3848 - CINDY RUGGLES. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 (Article IIIA, Section 100-30A.3, as disapproved) for permission to construct deck addition with an insufficient rearyard setback. Lot area is nonconforming at approximately 13,300 sq. ft. in this R-40 Zone District. Property location: 1150 Nakomis Road, Southold; County Tax Map District 1000, Section 78, Block 3, Lot 15. Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 29, 1989 7:45 p.m. Appl. No. 3844 - DR. AND MRS. IRA WECHTERMAN. Variances to the Zoning Ordinance, Article XXIII, Section 100-239d, and Article IIIA, Section 100-30A.3, (Article III, Section 100-32 as Disapproved on March 9, 1989) for permission to construct deck addition with an insufficient setback from the rear property line and an insufficient setback from the existing concrete block retaining wall along Eugene's (East) Creek. Lot area is nonconforming at approximately 8,200 sq. ft. in this R-40 Zone District. Property location: 630 Oak Street, Cutchogue, NY; County Tax Map District 1000, Section 136, Block 1, Lot 42.1 (includes 41 & 42) ; Subdivision Map of Eugene Heights, Lot Nos. 28, 29 and half of 27. 7:50 p.m. Appl. No. 3845 - PHILEMON AND BARBARA DICKERSON. Variance to the Zoning Ordinance, Article XXIV, Section 100-244, and Article IIIA, Section 100-30A. 4 (Article III, Section 100-31 as Disapproved March 2, 1989) for permission to construct accessory storage building in an area other than the required rear yard. Lot area is nonconforming at Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 29, 1989 approximately 16,800 sq. ft. in this R-40 Zone District. Property location: 3220 Delmar Drive, Laurel, NY; Laurel Country Estates Lot #36; County Tax Map District 1000, Section 125, Block 4, Lot 14. 7:55 p.m. Appl. No. 3838 - JOSEPH D. CAVANAGH and DAVID CICHANOWICZ. Variance to the Zoning Ordinance, Article XXIV, section 100-244 and Article IIIA, Section 100-30A.3 (Article III, Section 100-31 as Disapproved) , for permission to locate proposed new dwelling with an insufficient front yard setback from the northerly property line and with an insufficient rear yard setback from the southerly property line. Lot area is nonconforming at 8,417 sq. ft. in this R-40 Zone District. Property location: 1375 Private Road 1-A (said lot extending 1333.97 feet from the north side of North Bayview Road) , Southold, NY; County Tax Map District 1000, Section 77, Block 3, Lot 18. � I V r _ Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 29, 1989 8:00 p.m. Appl. No. 3847 - JOHN R. AND JEAN P. EDLER. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.4 for permission to locate accessory building in an area other than the required rear yard. Property location: 3030 Cleaves Point Road, East Marion, NY; County Tax Map District 1000, Section 38, Block 2, Lot 32; Marion Manor Subdivision Lot No. 4. 8:05 p.m. Appl. No. 3846 - CHESTER AND JOYCE SKWARA. Variances to the Zoning Ordinance, Article III; Section 100-32 for approval of insufficient lot area of proposed Parcels No. 1 and No. 2. Lot area is nonconforming in this R-80 Zone District at 76,970 sq, ft. Property location: North side of Wells Road, Peconic, NY; County Tax Map District 1000, Section 86, Block 1, Lot 14. 8:10 p.m. Appl. No. 3843 - ADAM ASSOCIATES. Variance to the Zoning Ordinance, Article VIII, Section 100-82 for approval of insufficient lot area and width of proposed Lot No. 4 (which is located in the LB Zone District) as shown on the subdivision map pending before the Southold Town Planning Board. Property location: North Side of C.R. 48, Mattituck, NY; County Tax Map District 1000, Section 113, Block 12, Lot 10. Page 6 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 29, 1989 8:15 p.m. Appl. No. 3840 - ESTATE OF JENNIE HARRIS. Variances to the Zoning Ordinance, Article XIV, Section 100-142 (Article III, Section 100-31 as Disapproved) for approval of insufficient lot area and width of two proposed parcels, each with an existing dwelling. Zone District: Light Industrial (LI) . Property location: North Side of C.R. 48, Cutchogue, NY; County Tax Map District 1000, Section 96, Block 1, Lot 18.1 (18) . 8:20 p.m. Appl. No. 3855 - BARBARA BRUCH. Variance to the Zoning Ordinance, Article -XXIII, Section 100-239d for permission to locate new dwelling structure with an insufficient setback from existing concrete seawall along Arshamomaque Pond. Property location: 80 Beverly Road, Southold, NY; County Tax Map District 1000, Section 52, Block 2, Lot 39. 8:25 p.m. Appl. No. 3856 - JOHN AND MARIAN BOPP. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 for permission to construct deck addition with an insufficient rearyard setback. Lot area is nonconforming at approximately 13,500 sq. ft. in this RO Zone District. Property location: Page 7 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 29, 1989 West side of Maple Street, Mattituck, NY; County Tax Map District 1000, Section 140, Block 3, Lot 24.\ 8:30 p.m. Appl. No. 386$,. - HAROLD AND HATTIE STETLER. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.4, for permission to locate accessory building in an area other than the required rear yard. Property location: 670 Wiggins Lane, Greenport, NY; County Tax Map District 1000, Section 35, Block 4, 28.7. 8:40 p.m. Appl. No. 3808 - GUNTER MORCHEL. Variances to the Zoning Ordinance, Article X, Section 100-102 for permission to construct addition with an insufficient rearyard setback and lot coverage in excess of maximum limit of 30% (as disapproved) , Article XXIV, Section 100-244B, and Article XXIV, Section 100-242(A) concerning extension of nonconforming side and front yard setbacks. Lot area is nonconforming at approximately 9961 sq. ft. in this General Business (B) Zone District. Property location: Corner of the South Side of the Main Road and the East Side of Sigsbee Road, Mattituck, NY; County Tax Map District 1000, Section 143, Block 2, Lot 1 (or 1 and 30) . 1 Page 8 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 29, 1989 8:45 p.m. Appl. No. 3797 - FISHERS ISLAND UTILITY COMPANY, INC. Conclusion of written portion of hearing, rescind prior resolution rendered February 9, 1989, and commence deliberations concerning a variance to the Zoning Ordinance, Article III, Section 100-32 (previously 100-31) for approval of insufficient area of two proposed parcels in this pending division of land. Property location: West Side of Crescent Avenue and the North Side of Central Avenue, Fishers Island, NY; County Tax Map District 1000, Section 6, Block 6, Lot 20.4. 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. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated: June 14, 1989. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski ---------------------------------------------------------------x FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL` Date . . . .x..14 . . . . . . . . . . . . .ULM . . . . . . . . . . . . `) Q CAT-- A?.- . . . l l l l 3 . . . . . . . PLEASE TAKE NOTICE that your application dated . . . . .�:�. . . . . . . . . 719 .31 . for permit to q-. .� : ?. �. . . . . . �. . . . . . . . . . . . . . . . at Location of Property . . . . . . . . p� ,c,Q, , .�CLr►S� , , , , ,0,�,c1�e�,, , , House nlo. Street Hamlet County Tax Map No. 1000 Section . . . . .S. . . . . Block . . . .Q ?--. . . . . . Lot . . Subdivision Filed Map No. 4.-2.V . . . . . . . Lot No. J. . . . . . . . . . . is returned herewith and disapproved on the following grounds . PL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Bu11 ing Inspector RV 1/80 »eCEIVito MAY 1109 TOWN OF SOUTHOLD, NEW YORK APPEAL RO&6WISION OF BUILDING INSPECTOR APPEAL NO.�,3 CSo �1uth�I� DATE .4..2.8.8.9 TO THE ZONING BOARD OF APPEALS,TOWN OF SOUTHOLD, N. Y. 1, (We) ......Rob.srx...Gab.r.,i.a.I...........................of ........,.I? Harrison Av ............................................................... Name of Appellant Street and Number ..................... ...................................................... ...I....NY...............HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. .................................... DATED WHEREBY THE BUILDING INSPECTOR DENIED TO Above ....................................................,............I............. Name of Applicant for permit of ........................................................................................................................... Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( x)x Permit to build dwelling 1. LOCATION OF THE PROPERTY ,Aldrich La Laurel 125 ............................. Street /Hamlet / Use District on Zoning Map District 1000 Section I25Blocko2 Lot001 . 14urrent Owner Above .... ......................... .................... ... L° Mo..p No. y 5........ Lot...No..................prior Owner Alan Ribarich 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 III Section 100-13 200-32 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 lock of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal fti4 (has not) been made with respect to this decision of the Building Inspector or with respect to this property. to best of our knowledge Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No. ................................Dated ................................................. ..................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( x) A Variance to the Zoning Ordinance ( 1 is requested for the reason that to construct dwelling closer to road than established setback line which is shown on subdivision map at 327 feet Form zsl (Continue on other side) REASON FOR APPEAL Continued •it My • 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difi�`flft'iEs�dt'ttriil7ee% sary HARDSHIP because property is such that it begins to slope at a point APPROX 200-240 feet from roadway, and continues to slope until point approx 370 feet from roadway, total decline approx 8-10 feet below roadway. As result, if requirement to comply with est. setback line of 327 feet is met, house will immediatly face approx 8-10 foot hill. If variance is allowed, house will be built at beginning of slope approx 200 feet from roadway which will also bring house into conformance with neighbors on either side (200 and 240 feet respectively) 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 none of the other houses on this block is required to meet this arb1trary setback line. In point of fact, if variance is disallowed, residence will be set further back and will be at lower elevation than any of the homes in the immediate area. Additionally, all homes located on opposite side of street are situated on 100 foot width lots. As such, side yards of all these homes is significantly less than requested variance envisions. These homes are all significantly closer to road than - variance envisions for this dwelling. Finally, it should be noted that neither the Planning board, nor the Building Dept has been able to provide the undersigned with a definitive reasonable basis for this unique setback line. 3. The Variance would observe the spirit of the Ordinance and N OULD NOT CHANGE THE CHARACTER OF THE DISTRICT because in point of fact, variance is requested to allow the undersigned to conform with locatiDns of neighbors. This setback line mandates a significant difference In location of homes presently built. STATE OF NE YORK ) ss 1� ... . .:......................................... COUNTY 01 ) SiUnature Swornto this .................(..1 ................ day of............... ..... .................. 1 Notary Public ELRABEM ANN NEVILLE Notary Public,State of New York No.52-8125850,Suffolk CoyQty� Term Expires October 31,1 s,[1! ` TOWN OF SOUTHOLD PROPERTY RECORD CARD /600 -/2S- OWNER STREET VILLAGE DIST. SUB. LOT d r - 19ZDe1CH L,aNE LquREL MQ io4areJ J• cFOM FORMER OWNER N E ACR. r crag 41Y.$'"75f � r 2.219 S W TYPE OF BUILDING kctLilc CArALAND 2ES� SEAS. VL. 31 FARM COMM. CB. MICS. Mkt. Value LAND �� IMP. TOTAL DATE REMARKS ct p� �ZGf�,-7) OG �NYpr�J �CG 600 /2 3 7176 IuReY SE 90 Soo.f9cm �. eAi/�LAIvo //PiB9 - ,3 V00 3 V6 rJ 91,1r "I" d��f/77,S-1 o -s� 0--u -//1 V d/o 1/1d0 s1t.t a.. R e a for hI Li/e.Al, /� X777 1.A 9 4 1/ 111 -- lrC� ! My _ { e _ �, l oA�_P�'-19goo .SBS 45n s./ y`h9`y td a./62.-0.7�o►r+ �l)ur��o�fa 1?e.a>,.f/vol" P ersL K I Ar) I 26a/x���'a sofaL mse U a 1) aCron 40 JQ, bar,'t-h 0hair, - 10�( p� r' + a 'e 4 O � _ correc ' 7 a� 97- r© 5 ran rillobie FRONTAGE ON WATER Noodland FRONTAGE ON ROAD 13 !%Aeadowland �; % $o-J 3 &--O DEPTH -iouse Plot + a I 6 Q p BULKHEAD 2 .; total i PROOF OF MAILING OF NONCE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS P 9 247 9 112 x..246 P 11a 4179 248 n, tb;ais Erguelj-t. Scholtz P.C). BOX 47368 gorge V­8 Avenue NY 11940 - erton, NY 11933 g. MMoriches, CaV2NY 11901 ver�ead, 25 q0 LL STATE OF NEW YORK ) COUNTY OF SUFFOLK) .residing at being duly sworn,deposes and says that on the day of WI 119 S-1 deponent mailed a true copy of the Notice set forth on the re- verse side hereof,directed to each of the above-named persons at the addresses set opposite their respective names;that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold;that said Notices were mailed at the United States Post Of- fice at that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before Inc this day of Notary Public 7 ELIZABETH ANN NEVILLE Notary Public,State of New York No.52-8125850,Suffolk Cc Term Expires October 31,191_W (This side does not have to be completed on form transmitted to adjoining property owners . ) BOARD OF APPEALS TOWN OF SOUTHOLD In thfMa'tter or the Petition of NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1.T e intention of the undersigned to petition the Board of Appeals of the Town of Southold to request Variance) SV-e4l-Esc.epiinn) (SperW-P—=it) (Other) [circle choice] 1. 2.That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: Iq 1-D zc-4 1 _A C..'4,r.t-e _y!\T loo o SC- .11� J J2j /3toc/c UL Lap- oo / O/ `j 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:7v I?G- A4cc .ce Zi /-f+Y�_:e. C.� �Jei 7b nfF ita a� 7�F� T�fE �EJ �wgK-� J FT�Ac/� b••R.- 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article -7-77_ Section /0- •/ 3 l-c - p--&- I ] 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: 5-4-4-5 /2vl'ti.t- C Gast, « Petitioner Owners'Names• 12o/iC G4�2[F� Post Office Address A./ si 7/ 3 Tel . No. (S/laJ-G /S z j< [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NOTICE OF HEARINGS conforming at approximately _� -•--_._....._.... _ _ .. NOTICE IS HEREBY 8,2C . ft. in this R-40 Zone 8:10 pan. Appl 3843- Article XXIV Section 100-244B, GIVEN, pursuant to Section Distr,..&.Property location:630 ADAM ••ASS1[5t dS. Vad- and Article XXIV, Section 267 of the Town Law and the Oak.Street, Cutchogu4 NY, ante.td the 7oniri� pnne,a .100-242(A) concerning exten- Code of the Town of Southold, County Tkx Map District 1000, Arddle VIII,SectQ100.82for sion of nonconforming side and the following hearings will be Section 136, Block 1, Lot 42.1 approval of lnsuf(s*pt lot am front yard setbacks.Lot area is held by the SOUTHOLD (includes 41&42);Subdivision acrd width of pmo'd.4 d Ldt No. nonconforming at approodmale TOWN BOARD OF APPEALS of Eugene Heights,Lot Nos.28, 4'(whichcarWed,is lothe LB ly 9961 sq. ft. in,this General at a Regular Meeting, at the 29 and half of 27. Zone District)as shihm on-the Business(B)Zone District.Pro- Southold Town Hall, Main 7:50 p.m. Appl. No 3845- subdivision map pet><%before perty location:-Comer of the Road, Southold, NY 11971, on PHILEMON AND BARBARA the Southold lko ii f`Planning South Side of the Main Road THURSDAY, JUNE 29, 1989, DICKERSON. Variance to the Board.Property locidon:North and the East Side of Sigsbee at the following times: Zoning Ordinance, Article Side of C.R.48,Mattituck,NY; Road, Mattituck, NY;County 7:30 p.m. Appl. No. 3841- XXIV,Section 100-244,and Ar- County 7bx Map DImict 1000, Thx Map District 1000,Section GERARD W. GAUGHRAN. ticle IIIA, Section 100-30A.4 Section 113, Block 12,Lot 10. 143, Block 2, Lot 1 (or 1 and Variance to the Zoning Ordi- (Article III, Section 100-31 as 8.15 p.m. Appl.-iXo. 3840- 30). nancc, Article VII, Section Disapproved March 2,1989)for ESI'ATB OF JENIVIE HAR- 8:45 Pm. Appl. Na 3797- 100-72 (Article 1II, Section permission to construct acces- RIS. Var)ances to the Zoning FISHERS ISLAND UTILITY 100-31 under the previous zon- sory storage building in an area Ordinahce,Article XIV,,Secdon COMPANY, INC. Conclusion ing code)for permission to con- other than the required rear 100-142 (Article. III, Section of written portion of hearing, struct addition(s).to existing yard.Lot area is nonconforming !00-31 as Disapprove for cep- rescind prior resolution render- single-family dwelling structure at approximately 16,800 sq. ft. prove.! of insufficlei lot area ed Rb ruary 9,1989,an$.corn- with an insufficient rear yard in this R-40 Zone District.Pro- and width of two proposed per- mence detiberatlope co.:` setback from the northerly pro- perty location: 3220 Delmar cels,each with an pdi ft dwell- a Variance to the _ perty line.Lot area of premises Drive,Laurel,NY;Laurel Cour- ` iil#g,Zone District:Light!tidos- Hance, Article Ill,••,Section is nonconforming at 25,634 sq. try Estates Lot#36;County Mix trial (LI). -Property:location: 100-32 (previously 100-31) for ft. in this R-0 Zone District. Map District 1000,Section 125, North Side.bf CR.48,Cutch- approval of insufficient area of Location of Property: 49925 Block 4, Lot 14. ogee,NX;County Tim Map Dis- two proposed parcels itt,this Main Road, Southold, NY; 7:55 p.m. Appl. No. 3838- trict 1000,Section%,Block 1, pending division'of'landbPia County Tax Map No. 1000-70- JOSEPH D. CAVANAGH and lot.18.1.(18). - perty location: West Side of 5-2. DAVID CICHANOWICZ. 8:20 p.m. AppL No. 3855- Crescent Avenue and the North 7:35 P-M. Appl. No. 3850. Variance to the Zoning'Ordi- BARBARA BRUCH.Variance Side of Central Avenue,Fishers ROBERT GABRIEL.Variance nance. Article XXIV, Section to the Zoning OrdimnM Arti- Island, 'NY-County Tlur Map to the Zoning Ordinance,Arti- 100-244 and Article IIIA, Sec- ele XXIII,Section.100-239d for District,1 cle Ill,Section 100-32 and Sec- �+ Sectio 6, Block tion 10013,as Disapproved,for tion 100-30A.3(Article III,Sec- permission to locate new dwell- 6, Lot 20.4. tion 100-31 as Disapproved),for ing structure with an insufficient The Board of Appeals will at P ermission to construct new permission to locate proposed setback from existing concrete said time and place hear any and dwelling upon Lot'#1 in this new dwelling with an insuffi- seawall along Arehamomaque all persons or representatives de- Subdivision known as in of cient front yard setback from Poad. ,Praperty location: 80 siring to be heard In each,of the Richard J. Cron;' County the norther! y Sq Clerk's Map No. 7975, filed y property line and Bever! Road, ,, uthold, NY; above matters. Written wm- with an insufficient rear yard 'County'Ihx Map District 1000, ments may also be submitted 9/30/85, said lot having an setback from the southerly pro- Section 52, Block 2, Lot 39. prior to the conclusion of the insufficient width at the propos- perty line. Lot area is noncon- 8:25 p.m. Appl. No. 3856- subject hearing. Each hearing ed building setback line. Pro- forming at 8,417 sq. ft. in this . JOHN AND MARIAN BO6- will not start before the time al- pert, West Side of R-40 Zone District. Property lotted.Additional time for your Aldrich Lane, Laurel; County lana to the �- 'Pax Map District 1000 Section location: 1375 Private Road 1�1 Hance,;,plr•ticie XXIV, Section presentation will be available,if 125, Block 2, Lot 1.14. (said lot extending 1333.97 N feet 100-244 for permission.to con- needed.For more information, � from the north side of North struct deck addition with an,'in- please call 765-1809. 7:40 p.m. Appl. No. 3848- Bayview Road), Southold,NY; stiuctide setback.Lot Dated: June 14, 1989. CINDY RUGGLES.Variance to Countyr&x Ma District 1000, Aipffi BY ORDER OF the Zoning Ordinance, Article c brea is nonconforming at ap- XXIV,Section 100-244(Article Section m.Block 3,Lot 18. THE SOUTOF TOWN Proximately 13,S004q.ft.-in this 8:00 p.m. Appl. No. 3847- RO Zone District. . BOARD OF APPEALS IIIA,Section 100-30A.3,as dis- propel GERARD P. GOEHRINGER a roved for JOHN R.AND JEAN P. ED- location: West'side of Maple pp ) permission to. Zoning Street, Mattituck,NY; CO{rnty construct deck addition with an LER. Variance to the Zo CHAIRMAN construct k aryard setback. ��eG Article IIIA,Section By Linda Kowalski Tax Map District 1000,Section 100-30AA for permission to 1'40, B1oek 3, LoE 24. 1X, 6/22/89(1) Lot area is nonconforming at locate accessory building in an 8:30 p:m , Lol.,No. 386- approximately 13,300 sq. ft. in area o�than the requite rear HAROLD' AND HATTIE this R-40 Zone District.Proper- yard. Property location: 3030 _ ty location:1150 Nakomis Road, Cleaves Point Road, East in'ETZ.ER Variance to the Zon Southold;County Tax Map Dis- ie.$ Ordinance, Article .IIIA, Marion, NY; County Tkx Map Section 100.30A.4 for s trict 1000,.Section 78, Block 3, 1�� - Lot 15. District 1000,Section 38,Block sion to locate accessory building 45 p.m. Appl. No. 3844- 2, Lot 32;Marion Manor Sub- in an area other than the re- 7: D 7:AND MRS. IRA WECH- division Lot No. 4. qw�rear yard.Property l�- 8:05 pm. Appl. No. 3846-- tion:670 Wiggins Lane,Green- Zoning . Variances to the CHESTER AND JOYCE rt,NY;Count Tax Ma Dis- Zoning Ordinance, Article SKWARA. Variances to the � y p XXIII, Section 100.239d, and trict 1000,Section 35,Block 4, Zoning Ordinance, Article Ill, 28.7. Article IIIA,Section 100-30A.3 Section 100-32 for approval of g 40 p m. Appl. Na 3608- (Article III, Section 100-32 as insufficient lot area of propos- GUNTHER MORCHEL. Disapproved on March 9, 1989) ed Parcels No. 1 and No.2.Lot Variances to the Zonis Ordi- for permission to construct deck area is nonconforming in this. Hance, Article X, Section addition with r insufficient set- R-80 Zone District at 76,970 sq. 100.102 for permission to con- back from the rear property line {I•Property location:North sid and an insufficient setback from struct addition with an inauffi- of Wells Road, P conic, NY; cient icaryard setback.and lot the existing concrete block re- raining wall along Eugene's County TAx Map District 1000, coverage in excess of maximum Section 86, Block 1, Lot 14. •(East) Creek. Lot area is non-' limit of 30% (es disapproved), 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 . . . . . . . . . .�. . . . . . . . . � r day of... . . `�, '- . ., 19 . -9 . Sworn to before me this . . . . . . . . . .. . . . . . . . day of . . . . . . . . , 19 . . . Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, State of New ypk No. 4806846 Qualified in Suffolk Coun Courinission Expires 7/'/S P — feet from the ho sttt1 of Tot[ti — NOTICE OFHEARINGS Bayview Road), Southold, NY; lution rendered February " 1989, NOTIC IS HEREBY GIVEN, Carty Tax Map District 1000,Ser and commence delibera: con- N SIS H RE of the Town tion 77,E 3'Let 18. ceming a Variance to the boning pu� 8.00 p.r,..Appl.Na 3847-JOHN Ordinance,Article III,Section 100- L d the Code of the Town of R AND JEAN p EDLER.Variance 32(previously 100-31)for approval Southold,the following hearings will to the Zoning Ordinance, Article of insufficient area of two proposed be held by Use SOUTHOLD TOWN IIIA,Section 100.30A.4 for permis- parcels in this pending division of BOARD OF APPEALS at a Regular cion to locate accessory building in land.Property location:West Side of Meeting,at the Southold Town Hall, an area other than the required tear Crescent Avenue and the Noah Side Main Road,Southold,NY 11971,on yard. Property location: 3030 of Central Avenue,Fishers Island, THURSDAY,JUNE 29,1989,at the Cleaves Point Road, East Marion, NY;County Tax Map District 1000, following times: N}(County Tax Map District 1000, Section 4 Block 6,Lot 20.4. 7.30 pm.Appl.Na 3841 -GER- Section 38,Block 2,Lot 32;Marion The Board of Appeals will at said ARD W.GAUGHRAN.Variance w PPS of AAattltuck, In the Zonis Ordinance,Article VII, Manor Subdivision Ap Lot No 4. time and place bat any and all per- hat he/she is Principal 8 8:05 p.m. Appl. No. 3846 - sans or representatives desiring to be p Section 100.72(Article III;Section CHESTER AND JOYCE SKWARA. heard in each of the above matters. Weekly Newspaper, 100.31 under the previous zoning Variances to the Zoning Ordinance, Written comments may also be sub- code) for permission to construct Article III,Section 100.32 for cep- miucd prix to the conclusion of am it Southold,County of addition(s)to existing single-family proms of insufficient lot area of pro- subject hearing.Each hearing will It the Notice of which dwelling structure with an insuffs- Pow pis Na 1 and No.2.Lot not start before the time allotted. tient rear yard setback from the area is nonconforming in this R-80 Additional time for your presentation 1 regularly published In northerly property line. Lot area of Zone District at 76,470 sq.&Prop- will be available,if needed For mote premises is nonconfomting at 25,634 erty location:North side of Wells information,please call 765-1809. for - . weeks sq. ft. in this R-O Zone District. Road,Peeonie,NY;County Tax Map Dated:June 14,1989. 7 2 day of Location.of Property:49925 Main District 1000,Section 86,Block 1, BY ORDER OF THE Road,Southold,NY; County Tax Lt 14 SOUTHOL.D Map No.1000.70-5-2. 8:10 p.m. Appl. No. 3843 - TOWN BOARD OF APPEALS 7:35 p.m. Appl. No. 3850. ADAM ASSOCIATES.Variance to GERARD P.GOEHRINGER OBERT GABRIEL Varian°to the CHAIRMAN 'p, Zoning Ordinance,Article III,Sec- the Zoning Ordinance,approval ofcle VIII. J� rice 100-32 and Section 100.13,as �°On 100-82 for approval of insuf- By Linda Kowalski Disapproved,for permission-1 Dons ficient lot area and width of pro- 6343-1TJ22 posed Lot No.4'(which is located in ---------------• struet new dwelling upon Lot MI in the LB Zone District)as shown on rincipal Clark this Subdivision known as"Map of the subdivision map pending before Richard J. Cion," County Clerk's the Southold Town Planning Board. Map Na 7975,filed 9-30-85,said lot party location:North Side of having an insufficient width at the C.R.48,Mattimck,NY;County Tax proposed building se:tbaek litre.Prop- worn t efcre W this Map District 1000, Section 113, erty location. West Side of Aldrich Block 12,Lot 10. Ione,Laurd;Courcy Tax Mtgr Du- 8:15 pm.Appl.No 3840- ES- ay Of " 19A/ MARY K.DEGKAN tris 1000,Section 125,Block 2,Lat "NOTARY PUBLIC,State of New work TATE OF JENefIE HARRIS. Vari- Suffolk Cok!n!'+"lo. 14. antes to the Zoning Ordinance,Anti- //� L. Term Expires Fehtua[yl U 7:40 p.m. Appl. No. 3848 - CINDY RUGGLES.Variance to the ale XIV,Section las Disapproved)(Article Zoning Ordinance,Article XXIV, �+apprSectoval of in ff Disapproved) Section 100.244(Article IIIA,See- an approval of insufficient la area tion 100-30A.3,as disapproved)for and width n two proposed parcels, parnission to cmaniet deck addition each with an existing dwelling Zone with an insufficient matyatd setback. Dict'Light industrial of Prop- I&arta is nonconforming at approx- city location:North Side of C.R.4 p imately 13,300 sq. ft. in this R-40 Di t riot 10, .S County Tax Map Zone District. Property location: District (18). Seaman 96,Black 1, 1150 Nakomis Road, Southold; I oc:20 p 8). County Tax Map District 1000,Sec- 8:A p m Apel.No.Variance -BAR- tier 78,Block 3,Lot 15. BARA BRUCH. Variance to the 7:45 Bloc Appel.No.3844-DR Zoning Ordinance, Article X U[I. ARID MRS.IRA WECHTERMAN. locaSectte 1w dwelling for pructurian to Variances to the Zoning Ordinance, locate feco dwelling from ex with Article XXIII,Section 100-2394,and conan insufficient all alo from shirting Article IIIA, Section 100-30A.3 moque seawall along A tion:9 (Article III,Section 100.32 as Disap. msque Pond.Property location: n proved on March 9, 1989) for Beverly Raced,Southold.NY;Corm- permission to construct deck addition ty Tax Map District 1000,Section °nth an mindfircient sem from the 52.Block 2,Lot 39. sear Property line and an insufficient 8:25 pm.Appl.No.3856-JOHN - setbtnck film the existing concrete AND MARIAN BO"..Variance to V. bilk retaining wall along Bugenes the Zoning 0-2Ord44 for Article ion to Section 100-244 for permission to (Best)Creek. Lot area is noneon- construct deck addition with an forting at approximately 8,200 sq. insufficient rearyard setback.Lot ft.in this R-40 Zone Distrix. Prop- area is nonconforming at opptoxi. erty location:• 630 Oak Street, mately 13,500 sq.ft.in this RO Zone 'utchogue-,NY; County Tax Map District. Property location: West tstrict 1000.Section 136,Block 1, i OF fit tysn 8 _J 1 76 ':,'ids;, �? �� + � � �°'•��.�-. , SEE SEC NO 123 —^ MATCH--�LI NE _MATCH LINE __ - -•-j II ••FOR PARCEL n0. FOR —RL .• FOR PARCEL NO. SEE SEC.N0.121 SEE SM NO. 121 RE Mt ala %S LAUREL IANIF r 1 Ci •� . \ 46.6 A GAO• \� i �' y O• - �• V a7 \ Jw N s �� 10.8A(cl • `*\c\ \ f . 24.04141 9 Y `6 73.8 AfA , v�a,E\ • V j . �Q f .. �J 4.OJ 6 M�*LGl Mi i 0 r 'i Bell 1.3 • 6�c 76AU3 Bell ALaI 10.OAfel �� t, 4.1 L Fsa� @.GAO) 4 �\ O� N ' 13.7 Afcl �\R 1.6 v . 3 p 1 1.6Ak1 .F Lp \ ��L o` l z.l F9 � FOR PARCEL no. • I �k0 Li _ ,9 \ ra7CM LIME SEES NO lir �\ --— "' •.•s- wuu a.+. .aAasc. •. wlvu*�—n r1sttN u31E ..a I• I+c roLwaw� an•Icn. fc.oa•• u.c■ 1, "o o--00, ,:tea SEE SB NO 121 Y1FC■ Y1TCK �LI NC Y1TCK LINE `r FOR PARCEL 140. ••FOR O'aRCEL No. Fee FA81ft M SEE SCC.80.121 SEE SEC.NO. 121 1t:'C sm M • LAUREL &Siff . PK \\ M1 48.41 �G� ` i 2.0811 �• 2.3 I ` Ts.c1W 1p 4� Jf 4� Z" \G 1 \/ `/ J 2.11 Ate) OHO 41 i ? T bs �° 111 to, 3s &(A) J IO.OA IA) 1„ 1d 1 �y ..e1W a• A b r i Oy CPN 1.1 ..t � 13's 1(s) s I.1Akl ••I.E, Jn FOR PARCEL NO. P !� —� Ia.011s) _ ..• S� G SCE SEC. 1. -- 9 YATCN LINE SEE S8Q.12i WTCN UKC unass urr �•.c••st. s srs ..aser.-cls;.-cls;t •otic r•a eou1.A1 •Ices: MAIM s"c*— net t9 ••s■•rr ••rt1 wuse 31T MF Leuend LAUREL 'A Ono dMu Al 77 do .50 7 agg WETLANDS(Amended 8-26.76 by L.L.No.2-1976;3-2G. 85 by L.L.No.6-19851: A. TIDAL WETLANDS: (1) All lands generally covered or intermi;Cantly cov- ered with,or which border on,tidal waters•or lands lying beneath tidal waters,which at mean low tine are covered by tidal watery to a maximum depth of five (5) feet, including LLE not lim`ted to banks, bogs,salt marsh, swamps, meadows, flat,;or other low lying lands subject to tidal action; (2) All banks, bogs, meadows, flats and tidal marsh subject to such tides and upon which 1rrows or may grow some or any of the following.salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, grotmdsel, marshmalluw and low march cordgrass;and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2)and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. j B. FRESHWATER WETLANDS: (1) "Freshwater wetlands"as defined in Article 24,Ti- tle 1,§ 24-0107,Subdivisions 1(a) to 1(d)inclusive, { of the Environmental Conservation Law of the State of Neiv York;and (2) All land immediately adjacent to a"freshwater wet- land,"as defined in Subsection 13(1)and lying with- in seventy-five(75)feet landward of the most land. J ward edge of a"freshwater wetland." ( 9706 x•zs.Na eD, QUESTIO14NAIRE TO BE COMPLETED AND SUBMITTED KTH YOUR APPLICATION FORMS TO THE BOARD OF APPEALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to- any questions below, please be sure to depict these areas on your survey (or certified sketch) , to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours? Yes 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 1LJ 3. Are there existing structures at or below ground level, such as patios, foundations, etc? Yes Io 4. Are there any existing or proposed fences, cancrete barriers, decks, etc? Yes No 5. 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. Yes 6. 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 7. Are there other premises under your ownership abutting D this parcel? If yes, please submit copy of deed. Yes No S. Are there any building permits pending on this parcel (or abutting land under your ownership, if any) ? Yes No State Permit # and Nature: 9. Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.) : Planning Board YesoNo Town Board Yes Town Trustees Yes County Health Department Yes Village of Greenport YesN.Y.S.D.E.C. YesOther Yes 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from' contract) Yes No 11. Is new construction proposed in the area of contours at 5 feet or less as exists? 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 lo� 13. Please list present use or operations conducted upon the subject property at this time 1/.9 c.9 and proposed Please submit photographs for the record. I certify that the above statements are true and are being submitted for reliance by the Boar f Appeals in considering my application. signature (Property Owner) (Authorized Agent 1/88 3. Nature of work(check which apffible):New.Building • Repair ............. . Removal ... g '••.• Addition .......... ,UtcraEion ......... G •••.. Demolition Othcr work 4. Estimated Cost .. ¢. Ov.L. 1...... . ........,. .. .. '(Description). . Fee .. ............ ............... ........ 5. If dwelling,nutnber of dwelling units ..,,,, (to be paid on filing this application) If garage,number of cars .... •• Number of dwelling units on cath floor...........•• 6. If business,commercial or mixed occu ane """ •••••••••••. 7. Dimensions of existing structures,if any: Front .. . nature and extent of each type of use ..................... Hciglit ..... .Numbcr of Stones .... Rear .'�!>`........ Depth ............... Dimensions of same structure with alterations or additions: Front Depth ....... . Height . Rear .................. S. Dimensions of entire new construction: Front . Number of Stories.......... .. ... Hcigltt • .7..1.., , ..... Rear . ?-. .. . Depth .3.� .. .Number of Stories , •••••- 9. Size of lot: Front ...11 fj....... . 10. Date of Purchase ... Rear ,,, „ De ch ... -d' �;3'. ?• . Name of Former Owner ..� Akv,K�.,.q S 11. Zone or use district in which premises are situated... 12. Does proposed construction violate any zoning law,ordinance or regulation: ..,•..•., 13. Will lot be regraded will excess fill be removed from premises: Yes •. 14. Name of Owner of premises .�!!3 e,«� r L t�4a 1•r. No ame of .........Address ... !�!.4i.Phone No. 3�- N Architect 7... Name of Contractor . Address ....rt e�.? Phone No. ............... Iro ert Address .. ..Phone No. ...... ' 15-Is this O property y located within 300 feet of a tidal wetland? *YES....N *If yes, Southold Town Trustees Permit may be required . PLOT DLAGRAih1 Locate clearly and distinctly all buildings, whether existing or proposed, and,indicate all set-back dimensions from property lines.Give street and block number or description according to deed,and show street names and indicate whether interior or corner lot. ' Sar7Jw��� L�.vt nom_ STATE OF NEW YORE, COU`TX OF................. S.S .'C..6413A'1 L••••••• •••... being duly sworn,deposes and says that he is the applicant (Name of individual signing contract) :bovc named. Icisthe ................. ...... .... (Contractor,agent,corporate officer,etc.)• f said owner or owners, and is duly autlicrized to perform or have performed the said work and to make and file this ""c3tion'. that all statements contained in this application are true to the best of his knowledge and belief;and that the ,ork will be performed in the manner set forth in the application filed therewith. worn to before me this day of... �r......... 1W. O13R'Public, yl,. N2 ...... County HELEN K DE YOE err Yak . . . . . . . . . . . . . . .... . . . . ... . NOTARY PlfOtlr,Stale of N No.47078'18,Sjffo1kCo!rft Tena Expires Mxrch 30,t9 (Signature of applicant) RD OF HEALTH J�SETS OF PLANS . . . . . . . . . . . . FORM NO.1 SURVEY TOWN OFSOUTHOLD CHECK . • APR 2 819 . . . . . . . . . . . . . . . . BUILDING DEPARTMENT SEPTIC FORM . . . . . . . . . . . . . . . . TOWN HALL SOUTHOLD, N.Y. 17971 NOTIFY TEL.:765-1802 CALL . . . . . . . . .. . . . . . . . . . . . Examined ..... ..... ... .... 19 ... MAIL TO: Approved .......... , 19...Permit No............ Disapproved a/c (Building Inspector) APPLICATION FOR BUILDING PERMIT �(�y Date INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector,with 3 sets of plans,accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas,and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application,the Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York,and other applicable Laws,Ordinances or Regulations, for the construction of buildings,additions or alterations,or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws,ordinances, building code, housicode,and regulations,and to admit authorized inspectors on premises and in building for necessary inspections. ! f (Signature of applicant,or name,if*a corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. .............d W+J r,-XL.................................. Name of owner of premises A!3.e- C.... �D;+E r-E 4.r► �!43z� E L . ....................... (as on the tax roll or latest deed) If applicant is a corporation,signature of duly authorized officer. (Name and title of corporate officer) Builder's License No. ... ...................... Plumber's License No. ... ........... .......... Electrician's License No. . ..................... Other Trade's License No. ..................... 1. Location of land on which proposed work will be done. House Number Street. Hamlet County Tax limp No. 1000 Section .....�. :S�7....... Block .. Z Lot. O I•,p,I`� Subdivision .!`%t-t4Ati?-•Crk-?.4 .. .. .. F.ileJ tap No. ,79 7,f Lot . J (N:unc) .... .......... Slate existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy .....�A C,st!,t 7-,� A b.Intended use andoccupancy .... S!^'. ..:E-F!�`!4�.y.. laE�t i.�tr•.............. 10465 PG 61 STATE OF NEW YORK.COUNTY OF as: STATE OF NEW YORK,COUNTY OF sal On the 1.7 day of � 19 f7,, before me On the day of 19 , before me personally came personally came ALAN R. RIBARICH AND KATHLEEN RIBAR CH to me known to be the individual described in and who to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that executed the C. executed the same. �G !OSTEIN NG"fV PUMIM State of Now Yak No.41.8878240 QueNHW in Sufk% / ('rAlnnliRsbtl ExpHu 21.1Tim- STATE OF NEW YORK,COUNTY OF sa: STATE OF NEW YORK,COUNTY OF is: On the day of- 19 , before me On the day of 19 , before me personally came personally came to me known,who,being by me duly sworn,did depose and the subscribing witness to the foregoing instrument, with say that he resides at No. whom I am personally acquainted, who, being by me duly sworn,did depose and say that he resides at No. that he is the , of that he knows the corporation described in and which executed the foregoing instrument; that he to be the individual knows the seal of saidcorporation; that the seal affixed described in and who executed the foregoing instrument; to said instrument is sur' corporate seal; that it was so that he, said subscribing witness, was present and saw affixed by order of the board of,directors of said corpora- execute the same;and that he,said witness, tion,and that he signed h name thereto by like order. at the same time subscribed h name as witness thereto. J. t JSa=gain anb ftle 30teb 1 L secrloN WITH COVENA T AGAINsT GRAN'rows AC'r� BLOCK TYLE No. d� / :I F' ": .•�e.J LOT .f�•...r....•,..++ COUNTY OR TOWN - TO Recorded At Request of Fust American Title Insurance Company of New York RETURN BY FRAIL TO: STANDARD FOAM OF NEW TOR BOARD OF TITLE UNDERWRITERS �,{d 7 Dinribuod by `(J 7ti e e I ' -Wo First American Title Insurance Company of New York x ab �lt3p , r � � cip 'At,J.,� v�G rl�l3SN1" � '!1 L1.11 Y L& titl EE G - � V l-', S,anda,d N.Y.B.T.U.Form r� WC 32 -Bugaen and Sal.Deed,wrl Covemne agaieu�ror'.Acu—Indnidwl of Corpornian(tingle three)% CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD E Y ED BY LAWYERS ONLY. 60 1�RJ3 , 7 THIS INDENTURE,made the y��s day of OCT , nineteen hundred and BETWEEN ({i5 ALAV R. RIBARICH AND KATHLEEN RIBARICH, residing at 6 461phin Way, Riverhead, New York $ V :Sarty of the first part,and C. �. Robert,IGabriel and Theresa Gabriel, both residing at 12 Harrison Avenue, Bellport, New York party of the second part, WITNESSETH,that the party of the first part,in consideration of Ten Dollars and other valuable consideration paid by the party of the second part,dos 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 in the Town of Southold, County of Suffolk, known and designated as Lot No. 11 on a certain map entitled, "Map of Land of Richard J. Cron at Laurel'° and filed in the Office of the Clerkofthe County of Suffolk on September 30, 1985 as Map No. 7975. 14930 ,( 7— $ R, C V l�wl REAL ES'T rE Tem NOV 9 1981 TRANSFFR TAX 40. SUFFOLK rt J rt l'/10t:- \hire" /�,CE-`lvcye',j T,, dfIr7-y i F Thr- 0 p0 f�t TOGETHER with all right,title and interest,if any of the party of the firstart in and to anstreets and roads abutting the above described premises to the center lines thereof;TOGETHER with the 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 the party of the second part forever. ' AND the party of the first part covenants that the party of the first part,has not done or suffered anything a_I 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 firs�frtlSlyS1Stthe conration for this conveyance and will hold the right to receive such consid- i erat em f".tWj i6uA.tprbe;, plte first for the purposeof paying the cost of the improvement and will apply the same fiFS4io¢�@;p4VP"-t of the cost of the improvement before using any part of the total of the same for any 91b>9Ftlpurpose?it-a .ani�,utR The u'oreL patty'llistia4lrbc'eShlltrued as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: Al R. RIBARIC$ r �' KATHLEEN RIBARICH � J TFL.765-1802 TOWN OF SOUTHOLD O G� -�� OFFICE OF BUILDING INSPECTOR P.O. BOX 728, TOWN HALL SOUTHOLD,N.Y. 11971 CERTIFICATE OF OCCUPANCY NO...z16029............ DATE. august.l0'.1987 . . . . . . . . This CERTIFIES that the lot,., VACANT Location of Property..,2295 -A_LDRICH LANE ......... LAUREL . . .. . ..... .. . .• . HOUSE,# STREET • • HAMLET County Tax Map ¢, Section... .. .... .Block.. .2 ....... .. ....Lot.001 014 . . Subdivision Map.of.Richard.Cron... .. . .Filed Map ..���5 .. . .Lot l�.. . .. .. conforms substantially to- the applicable provisions of the Zoning Code of the Town of Southold. The premises are located in the A-Residential Agricultural Zoned District and may be used for such uses as are presently authorized by the Zoning Code in such district subject. to, however, all of the requirements of the Zoning Code. ALAN RIBALICH-KATHLEEN RIBALICH The certificate is issued to. . . . ... .... . . . . . .. . . -. . .. . . . . .. .. .... (owner, 1)0 %�XXC}t)NUffib". XXXXXX of the aforesaid lot. Building Inspector Rev . 7/8G The S Environmental e1ei11crequires Ltislyrof thiform, and anenvironmntalrveww1beHey hoad before any action is taken. SHORT ENVIRONMENTAL ASSESSDtENT FORM INSTRUC':IONS: to that the re arerrwill useer the currently avai s in this short EAF it is assumed P p project and the likely impacts of theaaction. It concerning 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 necessarv. (c) If all questions have been answered No it is likely that the project is not significant. (d) Environmental Assessment 1. Will project result in a large physical chance to the project site or physically alter more than 10 acres of land? _Yes �p 2. Will there be a major change to any unique or unusual land form on the site? , / _Yes `� N0 3. Will project alter or have a large effect on an existing body of water? _Yes v No 4. Will Project have a potentially large• ima groundwater quality? act on Yes �Na 5. Will project significantly effect drainage flow on adjacent sites? _ Yes No 6. Will project affect any threatened or endangered Plant or animal species? Yes No 7. Will project result in a major adverse effect on air quality? —Yes ✓yo 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? —Yes 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological' importance or any site designated as a critical envlrcnmental area by a local agency? Yes 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 systems? _`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 ` o - �No 13. Will project have any or safety? impact on public health ' Yes No 14. Will project affect the existing community by ~ directly causing a growth inment _ tion of more than 5 percent over anone-yearl1 eyes period or have a major negative effect on the No character of the community or neighborhood? ` 15. Is there public controversy conce in the project? / uo Preparer's Signatu e: �( r —Yes Representing: r� 28a V75 c Date: 14•;8•4 f2'871—Tart 12 PROJECT I.D.NUMBER 617.21 °^ SCQ R !- Appendix C State Environmental Quality Review r SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT ISPONSOR 2. PROJECT NAME Robert Gabriel 3. PROJECT LOCATION: Municipality Laurel County Suffolk A. PRECISE LOCATION(Street address and road intersections,prominent landmarks,etc.,or provide map) Aldrich Lane Dist 1000 Sect 125 Blk 02 Lot 001 . 014 3. IS PROPOSED ACTION: Phew ❑Exnansfon ❑Modilicatlan/alteration 6. DESCRIBE PROJECT BRIEFLY: One family dwelling 7. AMOUNT OF LAND AFFECTED: Initially 2.2 acre acres Ultimately 2 -2acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ❑Yes VO If No,describe briefly undersigned is requesting variance from est setback line of 327 feet as shown on subdivision map 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? r E3tiesidential ❑Industrial �0 Commercial ❑Agriculture ❑Park/Forest/Open space ❑Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL. STATE OR LOCAL)? ❑Yes PN* If yes,list agency(s)and permitlapprovals it. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ❑Yes �o I!yes,list agency name and permitiapproval • 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION? ❑Yes ®No CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Appucantlsponsor nam : 3 • rr � t 6, Dale: Signature: 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) U' .:= t'; Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 JUDITH T. TERRY =1G TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: Southold Town Zgping Board of Appeals From: Judith T. Terry, Southold Town Clerk Dated: May 11, 1989 Transmitted herewith is Zoning Appeal No. 3850 application of Robert Gabriel 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. • „�ir/L4;t.� Judith T. Terry Cnvithnlri Tnwn rinr4 Southoldy Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.1., N.Y. 11971 TELEPHONE (516) 765.1809 APPEALS BOARD MEMBERS June 29, 1989 GERARD P.GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. S.E.'Q.R.A.. SERGE DOYEN,JR. NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI JAMES DINIZIO, JR. Notice of Determination of Non-Significance APPEAL NO. : 3850 PROJECT NAME: ROBERT GABRIEL 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 sig7ifi- 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 17 Unlisted [ ] DESCRIPTION OF ACTION: ConstZuct one family dwelling with insufficient lot width at building line LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Aldrich Lane, Laurel - 125-2-1. 14 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. l FOR FURTHER INFORMATION, 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. tr Page 9 - Mailing List of Notice of Hearings Southold Town Board of .Appeals Regular Meeting of June 14, 1989 Copies to the following on or about June 15, 1989: Suffolk Times, Inc. (Personal Delivery) L.I. Traveler-Watchman Town Clerk Bulletin Board (Main Lobby) ZBA Office Bulletin Board (East Hall) ZBA Board Members (with copies of files) ZBA Individual Files Mr. William Conway, as Agent for Gerard Gaughran, P.O. Box 1902, Southold, NY 11971 &Ar. Robert Gabriel, 12 Harrison Avenue, Bellport, NY 11713 Mr. and Mrs. Mitchell Ruggles, 1150 Nakomis Road, Southold 11971 Mr. James Fitzgerald, Box 617, Cutchogue, NY 11935 (pers. del. ) Mr. and Mrs. Philemon Dickerson, 3220 Delmar Dr, Laurel 11948 Michael Hall, Esq. for Cavanagh and Cichanowicz Youngs Avenue, Southold, NY 11971 Rev. and Mrs. John R. Edler, 3030 Cleaves Point Road, East Marion, NY 11939 Karen Hagen, Esq. for: (a) Chester and Joyce Skwara and (b) Estate of Jennie Harris WW & B, Box 1424, Main Road, Mattituck, NY 11952 Lynne M. Gordon, Esq. for Adam Associates Scheinberg, Schneps, DePetris & DePetris One Union Square, Aquebogue, NY 11931 Gardiner's Bay Construction Co. , Box 443, Peconic, Ny 11958-0443 for Barbara E. Bruch Mr. and MXs. John J. Bopp, 175 Maple Avenue, Box 403, Mattituck, NY 11952 Mr. Gunter Morchel, Box 1216, Route 25, Mattituck, NY 11952 Mrs. Dorian Harkoff, Wells Road, Mattituck (as requested) Richard F. Lark, Esq. for Fishers Island Utility Co. Box 973, Main Road, Cutchogue, NY 11935 l :....: 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.SAWICKI JAMES DINIZIO,JR. TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time sgec�fied in the e.eiit tiler arc qu a.ionv aAiroug ht iiy 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 r 79 7.5• ..A 99,66 9956 \ a ! Y COO floc'' EF301 pc�� g• Si p-jO •2 2� b 5 pre°'•L.3iR°\ '- s P o •i Pit° '�\6 t 0. 1 y 1p- _ P10°• 2 X36\ yez �Z V y p\eo' • a �ias' � Z t O 1 .% . x � o g o iy`eS �a !!O \ 0 5�o•\\xa a ed`^t o \ h F ULA- . = 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. July 10, 1989 JOSEPH H.SAWICKI JAMES DINIZIO, JR. Mr. and Mrs. Robert Gabriel 12 Harrison Avenue Bellport, NY 11713 Re: Appeal No. 3850 - Variance Dear Mr. and Mrs. Gabriel: Transmitted for your records is a copy of the June 29, 1989 determination rendered by the Board of Appeals concerning your application. Please be sure to follow-up with the Building Department for further processing of your pending application. Copies of our decision are simultaneously being transmitted to the Building Inspectors' Office for their files and update. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure Copy of Decision to: Building Inspectors' Office C1 L JAMES A.SCHONDEBARE %-: Hall TOWN ATTORNEY f °. ''f:,.' Town , 53095 Main Road •n 'a '' �. ;` P.O. Box 1179 ROBERT H.BERNTSSON Southold New York 11971 ��� :''3 , ASSISTANT TOWN ATTORNEY - TELEPHONE (516)765-1939 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD NOTICE PLEASE BE ADVISED DUE TO TWO LAWSUITS AGAINST THE TOWN OF SOUTHOLD, BROUGHT COLLECTIVELY BY THE NORTH FORK ENVIRONMENTAL COUNCIL, LEAGUE OF WOMEN VOTERS, SOUTHOLD{2000 AND MESSRS. WEISMANN AND FLYNN, THAT ANY PERMIT, APPROVAL OR ANY OTHER ACTION TAKEN PURSUANT TO CHAPTER 100 OF THE CODE OF THE TOWN OF SOUTHOLD. ZONING, MAY BE INVALIDATED BY THE COURT; PROCEED AT YOUR OWN RISK. Page 3 - Appeal No. 3850 Matter of ROBERT GABRIEL Decision Rendered June 29, 1989 Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to GRANT a Variance in the Matter of the Application of ROBERT GABRIEL under Appeal No. 3850 for approval of the location of a new dwelling structure at a building setback line approximately 200 feet from the front property line, where the lot width of the parcel is reduced to less than the required minimum of 175 feet. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Sawicki and Dinizio. This resolution was duly adopted. lk GERARD P. GOE INGER, IRMAN RECEIVED AND FILED BY THE SOUTHOLD TOW14 Cox DATE '711'I�5 HOUR / ' ?P�► Town Clerk, Town of Southold Page 2 - Appeal No. 3850 Matter of ROBERT GABRIEL Transcript of June 29, 1989 Hearing Southold Town Board of Appeals ROBERT GABRIEL: My name is Robert Gabriel. I just wanted to emphasize this isn't all two-acre zoning. All the houses across the street are in fact one acre with acre behind it which has been designated open space, and that if you grant this variance the house will still be further back than any house across the street. It will have more side yard than any house across the street and it' ll have a greater back yard. Basically what I want to do is build even with one of my neighbors. My major reason for wanting to do so is that my property slopes in such a way that if I have to build where it' s required, the front of my house would be facing the bottom of my hill. So basically I want to take advantage of the landscaping so that the rear of my house is a walk-out basement and the front of the house is level with the higher portion of the ground. CHAIRMAN: I see. We ' ll see what develops throughout the hearing here. What is your timeliness on this? Are you going to start construction? MR. GABRIEL: Yes. I've been trying to get something from the Planning Board for months, and it took them a few months to just send me a letter advising that I have to request this from you. CHAIRMAN: I see. MR. GABRIEL: My land loan is up in August. CHAIRMAN: Ok. Well, we won't wait that long. They shouldn't all be this difficult, I assure you. Is there anybody else that would like to speak in favor of this application? Anybody wish to speak against this application? Seeing no hands, we ' ll go down the line again. Do you gentlemen (members) have any objections to this application? Joe: None. (No other objections) I' ll offer a resolution approving it as applied for. MEMBER DINIZIO: Second. Vote of the Board: Ayes: All. The variance was approved. Respectfully submitted, I Linda Kowalski., Secretary Southold Town'Board of Appeals Page 3 - Appeal No. 3850 Matter of ROBERT GABRIEL Decision Rendered June 29, 1989 Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to GRANT a Variance in the Matter of the Application of ROBERT GABRIEL under Appeal No. 3850 for approval of the location of a new dwelling structure at a building setback line approximately 200 feet from the front property line, where the lot width of the parcel is reduced to less than the required minimum of 175 feet. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Sawicki and Dinizio. This resolution was duly adopted. lk GERARD P. G01F INGER, IRMAN RECEIVED AND FILED BY THE SOUTHOLD TOW14 CLERK DATE 7�'/� HOUR P�, Town Clerk, Town of Southold Page 2 - Appeal No. 3850 Matter of- ROBERT GABRIEL Decision Rendered June 29, 1989 2. The subject premises is known as Lot No. 1 on the Major Subdivision "Map of Richard J. Cron," which was approved by the Southold Town Planning Board on July 29, 1985, said map having been filed with the Suffolk County Clerk on September 30, 1985 under File No. 7975. 3. Article III, Section 100-32 and Column ii of the Bulk Schedule of the Zoning Code requires a minimum lot width (-frontage) at 175 feet. 4. Article I, Section 100-13, defines lot width to be the " . . .average distance between side lot lines, taken at the front yard or setback line and measured at right angles to the side lot lines or along a line parallel to the street. . . ." 5. The lot under consideration is vacant and the front yard line has not been established, except that the minimum requirement for a principal structure is required to be at 60 or more feet from the front property line. 6. By this application, appellant requests a variance to locate a new principal dwelling structure slightly closer than the building setback line shown on the subdivision map and in an area where the lot width narrows down to approximately 160 feet in width. The distance of the proposed house location is sketched on the survey map to be not less than 200 feet from the front property line, although closer than the originally planned setback line is substantially greater than the normal front yard setback requirements for a� principal dwelling in this R-80 Zone District. 7. It is the position of this Board in considering this application that: (a) the circumstances are uniquely related to the varied contours of the land and general layout of the major subdivision ; (b) the relief is not substantial and is the minimal necessary under the circumstances; (c) the relief as granted will not alter the essential character of the neighborhood; (d) there is no other method for appellant to pursue, other than a variance; (e) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town, or be adverse to neighboring properties. l 39-5-o P•H•s G/rjf .OEC, ac � - D�c��FFOL��O� s 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. SAWICKI JAMES DINIZIO,JR. ACTION OF THE BOARD OF APPEALS Appl. No. 3850: Matter of ROBERT GABRIEL for a Variance to the Zoning Ordinance, Article III, Section 100-32 and Section 100-13 as Disapproved, for permission to construct new dwelling upon Lot #1 in this Subdivision known as "Map of Richard J. Cron," County Clerk's Map No. 7975, filed 9/30/85, said lot having an insufficient width at the proposed building setback line. Property location: West Side of Aldrich Lane, Laurel, NY; County Tax Map District 1000, Section 125, Block 2, Lot 1.14. WHEREAS, a public hearing was held on June 29, 1989 under Appeal No. 3850; 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: l.' The premises in question is a vacant parcel of land located along the westerly side of Aldrich Lane, in the Hamlet of Laurel, Town of Southold, containing a total lot area of approximately 2.2 acres, and is identified on the Suffolk County Tax Maps as District 1000, Section 125, Block 2, Lot 1.14. Southold) Town Board of Appeals ' ►ol ���� 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.SAWICKI JAMES DINIZIO,JR. TRANSCRIPT OF HEARING JUNE 29, 1989 REGULAR MEETING Appeal No. 3850 - ROBERT GABRIEL. Variance to the Zoning Ordinance, Article III, Section 100-32 and Section 100-13, as Disapproved, for permission to construct new dwelling upon Lot #1 in this Subdivision known as "Map of Richard J. Cron, " County Clerk's Map No. 7975, filed 9-30-85, said lot having an insufficient width at the proposed building setback line. Property location: West Side of Aldrich Lane, Laurel; County Tax Map District 1000, Section 125, Block 2, Lot 1.14. Present were: All Members of the Board of Appeals: Chairman Gerard P. Goehringer; Serge Doyen, Jr. ; Charles Grigonis, Jr. ; Joseph H. Sawicki; and James Dinizio, Jr. Also present were: Board Secretary Linda Kowalski and approximately 30 persons in the audience at the start of this hearing. The Chairman opened the hearing at 7:40 o'clock p.m. and read the Legal Notice of Hearing and Appeal Application for the record. CHAIRMAN GOEHRINGER: I have a copy of a Subdivision Map indicat- ing Lot No. 1 at 2 .219 acres, road frontage of 138.12 and indicat- ing that the applicant wants to construct the house forward of the 175 feet of required width for this 2+ acres lot. The survey is dated September 30, 1985 by T.J. Harris Land Surveyor from Holbrook, and I have a copy of the Suffolk County Tax Map indicating this and the surrounding properties in the area. By the way, that setback is approximately 200 feet from Aldrich Lane. Is there anybody that would like to speak in behalf of this? Could you state your name? I AX UISTRICT 1000 SE( N 125 BLOCK 02 LOT 001014 • see• �qN �3a /0 F /00;, . 0 • �hh � ry 9 cv,hh 2 o B� � ry� � d��wcd FJ o� • a 0 3 � , h 03. TFC 4b ?O?�9 dtyk'q4 �?�4t-RcrGr Tq JOTIa ROAD SMAC!Is MTUMW" -ro 7M ai Mwu■ul Y TO M wuw� I �p�.�Mfiy s,OM US "Mm Hmw�ItICAM TCT�R OT T114MrYYl�T11001181YL MTfI{R14�i■N■�P�f�01NfAt MAP OF PROPERTY MM OF I ANn OF Rtr.Hean .t c^RoN FRF YAP NO, 7975SEPTEM9ER 30, 1985 SECTION BLOCK NO LOT NO. I sCCUATEO AT LAUREL,TOWN OF SOUTHOLD SUFFOLK COUNTY KY LOT AREA■ AS SHOWN GUARANIFED 'LE;r■ 80• First American Title Ins, Co, # 121 S 9815 IE NOV, 25,1986 North Fork Bank 8 Trust `R coNaTe - _Surveyed for Robert 8 Theresa Gabriel =LETco_ - rMN WING N4. 5109-A 1s3 AVF.NLJE KY.r741 APPEALS BOARD MEMBERS GERARD P. GOEHRtNGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI 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 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, JUNE 29, 1989, at the following times: 7:30 p.m. Appl. No. 3841 - GERARD W. GAUGHRAN. Variance to the Zoning Ordinance, Article VII, Section 100-72 (Article III, Section 100-31 under the previous zoning code) for permission to construct addition(s) to existing single-family dwelling structure with an insufficient rear yard setback from the northerly property line. Lot area of premises is nonconforming at 25,634 sq. ft. in this R-0 Zone District. P~ 49925 Main Road, Southold, NY; County Location of Tax Map No. 1000-70-5-2. Page 2 - Notice of Nearings Southold Town Board of Appeals Regular Meeting of June 29, 1989 /7:35 p.m. Appl. No. 3850. ROBERT GABRIEL. Variance to the Zoning Ordinance, Article III, Section 100-32 and Section 100-13, as Disapproved, for permission to construct new dwelling upon Lot #1 in this Subdivision known as "Map of Richard J. Cron," County Clerk's Map No. 7975, filed 9-30-85, said lot having an insufficient width at the proposed building setback line. Property location: West Side of Aldrich Lane, Laurel; County Tax Map District 1000, Section 125, Block 2, Lot 1 .~/ 7:40 p.m. Appl. No. 3848 CINDY RUGGLES. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 (Article IIIA, Section 100-30A.3, as disapproved) for permission to construct deck addition with an insufficient rearyard setback. Lot area is nonconforming at approximately 13,300 sq. ft. in this R-40 Zone District. Property location: 1150 Nakomis Road, Southold; County Tax Map District 1000, Section 78, Block 3, Lot 15. Page 3 - Notice of Hearings Sou%hold Town Board of Appeals Regular Meeting of June 29, 1989 7:45 p.m. Appl. No. 3844 - DR. AND MRS. IRA WECHTERMAN. Variances to the Zoning Ordinance, Article XXIII, Section 100-239d, and Article IIIA, Section 100-30A.3 (Article III, Section 100-32 as Disapproved on March 9, 1989) for permission to construct deck addition with an insufficient setback from the rear property line and an insufficient setback from the existing concrete block retaining wall along Eugene's (East) Creek. Lot area is nonconforming at approximately 8,200'sq. ft. in this R-40 Zone District. Property location: 630 Oak Street, Cutchogue, NY; County Tax Map District 1000, Section 136, Block 1, Lot 42.1 (includes 41 & 42); Subdivision Map of Eugene Heights, Lot Nos. 28, 29 and half of 27. 7:50 p.m. Appl. No. 3845 - PHILEMON AND BARBAP3% DICKERSON. Variance to the Zoning Ordinance, Article XXIV, Section 100-244, and Article IIIA, Section 100-30A.4 (Article III, Section 100-31 as Disapproved March 2, 1989) for permission to construct accessory storage building in an area other than the required rear yard. Lot area is nonconforming at Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 29, 1989 approximately 16,800 sq. ft. in this R-40 Zone District. Property location: 3220 Delmar Drive, Laurel, NY; Laurel Country Estates Lot 936; County Tax Map District 1000, Section 125, Block 4, Lot 14. 7:55 p.m. Appl. No. 3838 - JOSEPH D. CAVANAGH and DAVID CICHANOWICZ. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 and Article IIIA, Section 100-30A.3 (Article III, Section 100-31 as Disapproved), for permission to locate proposed new dwelling with an insufficient front yard setback from the northerly property line and with an insufficient rear yard setback from the southerly property line. Lot area is nonconforming at 8,417 sq. ft. in this R-40 Zone District. Property location: 1375 Private Road 1-A (said lot extending 1333.97 feet from the north side of North Bayview Road), Southold, NY; County Tax Map District 1000, Section 77, Block 3, Lot 18. Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 29, 1989 8:00 p.m. Appl. No. 3847 - JOHN R. AND JEAN P. EDLER. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.4 for permission to locate accessory building in an area other than the required rear yard. Property location: 3030 Cleaves Point Road, East Marion, NY; County Tax Map District 1000, Section 38, Block 2, Lot 32; Marion Manor Subdivision Lot No. 4. 8:05 p.m. Appl. No. 3846 - CHESTER AND JOYCE SKWARA. Variances to the Zoning Ordinance, Article III, Section 100-32 for approval of insufficient lot area of proposed Parcels No. 1 and No. 2. Lot area is nonconforming in this R-80 Zone District at 76,970 sq. ft. Property location: Peconic, NY; County Tax Map District Lot 14. North side of Wells Road, 1000, Section 86, Block 1, 8:10 p.m. Appl. No. 3843 - ADAM ASSOCIATES. Variance to the Zoning Ordinance, Article VIII, Section 100-82 for approval of insufficient lot area and width of proposed Lot No. 4 (which is located in the LB Zone District) as shown on the subdivision map pending before the Southold Town Planning Board. Property location: North Side of C.R. 48, Mattituck, NY; County Tax Map District 1000, Section 113, Block 12, Lot 10. Page 6 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 29, 1989 8:15 p.m. Appl. No. 3840 - ESTATE OF JENNIE HARRIS. Variances to the Zoning Ordinance, Article XIV, Section 100-142 IArticle III, Section 100-31 as Disapproved) for approval of insufficient lot area and width of two proposed parcels, each with an existing dwelling. Zone District: Light Industrial (LI). Property location: North Side of C.R. 48, Cutchogue, NY; County Tax Map District 1000, Section 96, Block 1, Lot 18.1 (18). 8:20 p.m. Appl. No. 3855 - BARBARA BRUCH. Variance to the Zoning Ordinance, Article XXIII, Section 100-239d for permission to locate new dwelling structure with an insufficient setback from existing concrete seawall along Arshamomaque Pond. Property location: 80 Beverly Road, Southold, NY; County Tax Map District 1000, Section 52, Block 2, Lot 39. 8:25 p.m. Appl. No. 3856 - JOHN AND MARIAN BOPP. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 for permission to construct deck addition with an insufficient rearyard setback. Lot area is nonconforming at approximately 13,500 sq. ft. in this RO Zone District. Property location: Page 7 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 29, 1989 West side of Maple Street, Mattituck, NY; County Tax Map District 1000, Section 140, Block 3, Lot 24. 8:30 p.m. Appl. No. 386~ - HAROLD AND HATTIE STETLER. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.4 for permission to locate accessory building in an area other than the required rear yard. Property location: 670 Wiggins Lane, Greenport, NY; County Tax Map District 1000, Section 35, Block 4, 28.7. 8:40 p.m. Appl. No. 3808 - GUNTER MORCHEL. Variances to the Zoning Ordinance, Article X, Section 100-102 for permission to construct addition with an insufficient rearyard setback and lot coverage in excess of maximum limit of 30% (as disapproved), Article XXIV, Section 100-244B, and Article XXIV, Section 100-242(A) concerning extension of nonconforming side and front yard setbacks. Lot area is nonconforming at approximately 9961 sq. ft. in this General Business (B) Zone District. Property location: Corner of the South Side of the Main Road and the East Side of Sigsbee Road, Mattituck, NY; County Tax Map District 1000, Section 143, Block 2, Lot 1 (or 1 and 30). Page 8 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 29, 1989 8:45 p.m. Appl. No. 3797 - FISHERS ISLAND UTILITY COMPANY, INC. Conclusion of written portion of hearing, rescind prior resolution rendered February 9, 1989, and commence deliberations concerning a Variance to the Zoning Ordinance, Article III, Section 100-32 (previously 100-31) for approval of insufficient area of two proposed parcels in this pending division of land. Property location: West Side of Crescent Avenue and the North Side of Central Avenue, Fishers Island, NY; County Tax Map District 1000, Section 6, Block 6, Lot 20.4. 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. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated: June 14, 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 To'~'..~:...<~.:. ~ ...f~... ~ ..y~_ ~ ~ , ! ,:::q b,',:,.-.u-~ ~ ~. ~f~... ~..~,.. ~.~ ....... PLEASE TAKE NOTICE that your application dated ~ ~ ~o ~ ~ for i'' ~ ~"~ ~ - ~ ' ~ ~ ~n ' pe~ ~ ~o ~ ......... ~' ~''3-~'~ ................ at Location of Property ...... ~~...~ ~3~ ~o~ ~o. ' ........ ~ ' ' ~be~; ...... ~ ....~'~ ........... County Tax Map No. 1000 Section .. ~ ~.~.. Block .... ~ ~ ...... Lot ~ ~' [ ~amlot Subdivision~...~.. Filed Map No. : ~ ~.~.~. ....... rot No .... ~ J ........... is returnea herewith and disapproved on the following grounas. ~. ~.. ~ ~./~.x [~ .......... ......................................................... ~ul--Iding Inspector' ' RV 1/80 11 ) B9 TOWN OF SOUTHOLD, NEW YORK AP.PE,~[_j:RO/v~)_~:ISION OF BUILDING INSPECTOR APPEAL NO. ~ DATE 4-28-89 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) ...... B. ob.e. rx... Gabx. i.e.J. .......................... of .......... !..2....B.A~...~..~?...°..n.....A..¥. ................................. Nome of Appellant Street and Number Bellport NY ........................................................................................................................ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO Above Name of Applicant for permit of Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( x)x Permit to build dwelling 1 LOCATION OF THE PROPERTY Aldrich La Laurel t25 Street /Hamlet / Use District on Zoning Map District 1000 Section 125B10ck02 Lot001.DI4 . ................................................................................. burren: Owner Above Mop No. 9 5 Lot No. Prior Owner Alan Ribarich 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 III Section 100-13 100-32 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) 73 A VARIANCE to the Zoning Ordinance or Zoning Mop A VARIANCE due to lock of access (State of New York Town Low Chap. 62 CoAs. Lows Art. 16 Sec. 280A Subsection 3 ) 4. PREVIOUS APPEAL A previous appeal ~'~'a~ (has not) been made with respect to this decision of the Building Inspector or with respect to this property, to best of our knowledge Such appeal was ( ) request for o special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ) x) ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ~s requested for the reason that to construct dwelling closer to road than established setback line which is shown on subdivision map at 327 feet Fo~m ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical d,~i$'~l~i~'~6t~l'~ sary HARDSHIP because property is such that it begins to slope at a point APPROX 200-240 feet from roadway, and continues to slope until point approx 370 feet from roadway, total decline approx 8-10 feet below roadway. As result, if requirement to comply with est. setback line of 327 feet is met, house will immediatly face approx 8-10 foot hill. If variance is allowed, house will be built at beginning of slope approx 200 feet from roadway which will also bring house into conformance with neighbors on either side (200 and 240 feet respectively) 2. The hardshipcreatedis UNIQUE and isnotshared by all properties alike in the immediate vicinity of this property and in this use district because none of the other houses on this block is required to meet this arbitrary setback line. In point of fact, if variance is disallowed, residence will be set further back and will be at lower elevation than any of the homes in the immediate area. Additionally, all homes located on opposite side of street are situated on 100 foot width lots. As such, side yards of all these homes is significantly less than requested variance envisions. These homes are all significantly closer to road than- variance envisions for this dwelling. Finally, it should be noted that neither the Planning board, nor the Building Dept has been able to provide the undersigned with a definitive reasonable basis for this unique setback line. 3. The Variance would observe the spirit of the Ordinance and ~OULD NOT CHANGE THE CHARACTER OF THE DISTRICT because in point of fact, variance is requested to allow the undersigned to conform with locatiDns of neighbors. This setback line mandates a significant difference in location of homes presently built. STATE OF NEW. YORK ) ) C0UNT SS Si?nature ELIZABETH ANN NEVILLE Notary Public, State of New York No. 52-8125850, Suffolk Co,~tyv Term Exp res October 31, 1 ,.9'?/? TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST, SUB. LOT FOYER OWNER N E ; ACR. S W ~PE OF BUILDING ~ES~ S~S. VL. ~ I ( FARM CO~. CB. MICS. Mkt. Value ~ND IMP. TOTAL DATE R~RKS - / ~illable FRONTAGE ON WATER ~o~land FRONTAGE ON ROAD ~/ J ~eadowland /~- J ~ ~0 ~ ~0 DEPTH ~ ( ~' ~ouse Plot ' { , ~ ~ I / ~d 0 BULKH~D ~ ,f" total . / ~ ~ ~ ~ ~ tAX LIISTRIGT I000 SEiN 125 /~ILOCK 02: LOT 001014 ~OT~': HO,AD S~FA~..,~ I~ BITUI~ MAP OF PROPERTY ~ OF LAN~ OF RICHARD J_ F~E ~ NO. 7975 F~ SEPTEMBER ~0. 1985 SECTION BLOCK ~ITUATED ~T LA~ TOWN OF ~OUTHOLD~ ~UFFO~ CO~TY, ~Y. LOT A~A · As ~HOWN "-LE: I" · 80' i E: NOV. 25, 1986 ~'_ NO... iR WING NO, 5109-A . GUARANTEE[} T9 First American Title Ins. Co, # 121 S 9815 North Fork Bank ~ Trust q:9, , Surveyed for Robert ~ Theresa Gabriel ~3AVE, NU~~y.~ APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GR1GONIS, JR. SERGE DOYEN, JR. JOSEPH N. SAWlCKI 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 TRANSCRIPT OF HEARING J~JNE 29r 1989 REGULAR MEETING Ap~eal No. 3850 - ROBERT GABRIEL. Variance to the Zoning Ordinance, Article III, Section 100-32 and Section 100-13, as Disapproved, for permission to construct new dwelling upon Lot #1 in this Subdivision known as "Map of Richard J. Cron," County Clerk's Map No. 7975, filed 9-30-85, said lot having an insufficient width at the proposed building setback line. Property location: West Side of Aldrich Lane, Laurel; County Tax Map District 1000, Section 125, Block 2, Lot 1.14. Present were: Ail Members of the Board of Appeals: Chairman Gerard P. Goehringer; Serge Doyen, Jr.; Charles Grigonis, Jr.; Joseph H. Sawicki; and James Dinizio, Jr. Also present were: Board Secretary Linda Kowalski and approximately 30 persons in the audience at the start of this hearing. The Chairman opened the hearing at 7:40 o'clock p.m. and read the Legal Notice of Hearing and Appeal Application for the record. CHAIRMAN GOEHRINGER: I have a copy of a Subdivision Map indicat- ing Lot No. 1 at 2.219 acres, road frontage of 128.12 and indicat- ing that the applicant wants to construct the house forward of the 175 feet of required width for this 2+ acres lot. The survey is dated September 30, 1985 by T.J. Harris Land Surveyor from Holbrook, and I have a copy of the Suffolk County Tax Map indicating this and the surrounding properties in the area. By the way, that setback is approximately 200 feet from Aldrich Lane. Is there anybody that would like to speak in behalf of this? Could you state your name? Page 2 - Appeal No. 3850 Matter of ROBERT GABRIEL Transcript of June 29, 1989 Hearing Southold Town Board of Appeals ROBERT GABRIEL: My name is Robert Gabriel. I just wanted to emphasize this isn't all two-acre zoning. All the houses across the street are in fact one acre with acre behind it which has been designated open space, and that if you grant this variance the house will still be further back than any house across the street. It will have more side yard than any house across the street and it'll have a greater back yard. Basically what I want to do is build even with one of my neighbors. My major reason for wanting to do so is that my property slopes in such a way that if I have to build where it's required, the front of my house would be facing the bottom of my hill. So basically I want to take advantage of the landscaping so that the rear of my house is a walk-out basement and the front of the house is level with the higher portion of the ground. CHAIRMAN: I see. We'll see what develops throughout the hsaring here. What is your timeliness on this? Are you going to start construction? MR. GABRIEL: Yes. I've been trying to get something from the Planning Board for months, and it took them a few months to just send me a letter advising that I have to request this from you. CHAIRMAN: I see. MR. GABRIEL: My land loan is up in August. CHAIRMAN: Ok. Well, we won't wait that long. They shouldn't all be this difficult, I assure you. Is there anybody else that would like to speak in favor of this application? Anybody wish to speak against this application? Seeing no hands, we'll go down the line again. Do you gentlemen (members) have any objections to this application? Joe: None. (No other objections) I'll offer a resolution approving it as applied for. MEMBER DINIZIO: Second. Vote of the Board: Ayes: Ail. The variance was approved. Respectfully submitted, Linda Kowalski, Secretary Southold Town Board of Appeals Page 3 - Appeal No. 3850 Matter of ROBERT GABRIEL Decision Rendered June 29, 1989 Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to GRANT a Variance in the Matter of the Application of ROBERT GABRIEL under Appeal No. 3850 for approval of the location of a new dwelling structure at a building setback line approximately 200 feet from the front property line, where the lot width of the parcel is reduced to less than the required minimum of 175 feet. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Sawicki and Dinizio. This resolution was duly adopted. lk GERARD P. GOEHRINGER, ~IRMAN RECEIVED AND FILED BY THE SOUTHOLD TOWN C[.F, RK DATE "~/£-~ aOUR /-','~?-,'~. Town Clerk, Town of Southold JAMES A. SCHONDEBARE TOWN ATTORNEY ROBERT H. BERNTSSON ASSISTANT TOWN ATTORNEY OFFICE OF T~E TOWN A~ORNEY TOWN OF SO~OLD NOTICE Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1939 PLEASE BE ADVISED DUE TO TWO LAWSUITS AGAINST THE TOWN OF SOUTHOLD, BROUGHT COLLECTIVELY BY THE NORTH FORK ENVIRONMENTAL COUNCIL. LEAGUE OF WOMEN VOTERS, SOUTHOLD~2000 AND MESSRS. WEISMANN AND FLYNN, THAT ANY PERMIT, APPROVAL OR ANY OTHER ACTION TAKEN PURSUANT TO CHAPTER 100 OF THE CODE OF THE TOWN OF SOUTHOLD, ZONING, MAY BE INVALIDATED BY THE COURT; PROCEED AT YOUR OWN RISK. APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH R. SAWlCKI JAMES DINIZlO, 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 July 10, 1989 Mr. and Mrs. Robert Gabriel 12 Harrison Avenue Bellport, NY 11713 Re: Appeal No. 3850 - Variance Dear Mr. and Mrs. Gabriel: Transmitted for your records is a copy of the June 29, 1989 determination rendered by the Board of Appeals concerning your application. Please be sure to follow-up with the Building Department for further processing of your pending application. Copies of our decision are simultaneously being transmitted to the Building Inspectors' Office for their files and update. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure Copy of Decision to: Building Inspectors' Office 9956 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZlO, JR. Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 $OUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX No. (516) 765-1823 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your 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 ~ ................ e ......... ~ ~,,~ ~r~.~"~~ u uring 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 Page 9 - Mailing List of Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 14, 1989 Copies to the following on or about June 15, 1989: Suffolk Times, Inc. (Personal Delivery) L.I. Traveler-Watchman Town Clerk Bulletin Board (Main Lobby) ZBA Office Bulletin Board (East Hall) ZBA Board Members (with copies of files) ZBA Individual Files Mr. William Conway, as Agent for Gerard Gaughran, P.O. Box 1902, Southold, NY 11971 Robert Gabriel, 12 Harrison Avenue, Bellport, NY 11713 and Mrs. Mitchell Ruggles, 1150 Nakomis Road, Southold 11971 James Fitzgerald, Box 617, Cutchogue, NY 11935 (pers. del.) and Mrs. Philemon Dickerson, 3220 Delmar Dr, Laurel 11948 Mr. Michael Hall, Esq. for Cavanagh and Cichanowicz Youngs Avenue, Southold, NY 11971 Rev. and Mrs. John R. Edler, 3030 Cleaves Point Road, East Marion, NY 11939 Karen Hagen, Esq. for: (a) Chester and Jo¥ce Skwara and (b) Estat~ of Jennie Harris WW & B, Box 1424, Main Road, Mattituck, NY 11952 Lynne M. Gordon, Esq. for Adam Associates Scheinberg, Schneps, DePetris & DePetris One Union Square, Aquebogue, NY 11931 Gardiner's Bay Construction Co., Box 443, Peconic, Ny 11958-0443 for Barbara E. Bruch Mr. and Mrs. John J. Bopp, 175 Maple Avenue, Box 403, Mattituck, NY 11952 Mr. Gunter Morchel, Box 1216, Route 25, Mattituck, NY 11952 Mrs. Dorian Harkoff, Wells Road, Mattituck (as requested) Richard F. Lark, Esq. for Fishers Island Utility Co. Box 973, Main Road, Cutchogue, NY 11935 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. June 29, 1989 S.E.'Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significanc~ APPEAL NO.: 3850 PROJECT NAME: ROBERT GABRIEL 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 ha~e 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: Construct one family dwelling with insufficient lot width at building line LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Aldrich Lane, Laurel - 125-2-~.14 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 INFORMATION, PLEASE CDNTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Town }[all Southold, NY 11971; tel. 516- 765-1809 or 1802. ' ' Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. tr JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS To: From: OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Southold Town Zoning Board of Appeals Judith T. Terry, Southold Town Clerk Dated: May 11, 1989 Transmitted herewith is Zoning Appeal No. Robert Gabriel 3850 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 · 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; Nbtlce of Disapproval from the Building Department; survey of property; and any other attachments relative to this application. Judith T. Terry qn~thnld Tnwn iPROJE-C~ i.D. NUMeER 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I~PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPL[CANTISPONSOR I 2. PROJECT NAME Robert Gabriel '~. PROJECT LOCATION: Municipality Laurel County Suffolk 4. PRECISE LOCATION (Stree~ address and road intersections, prominent lanclman~$, etc.. or provide map) Aldrich Lane Dist 1000 Sect 125 Blk 02 Lot 001.014 SEQR S. IS PROPOSED ACTION: 6. DESCRIBE PROJECT BRIEFLY: [] Modification/alteration One family dwelling '";'. AMOUNT OF LAND AFFECTED: Iniliallv 2. 2 acres acres Ultimatet¥ 2 . 2 acres WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? []Yes ~[~1o IfNo, desctibebriefly Undersigned is requesting variance from est setback line of 327 feet as shown on subdivision map 9. WHAT IS PRESENT LANd USE IN VICINITY OF PROJECT? ~esi~enRal [] Ineustrial [~] Commercial [] Agriculture 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)~ [] Yes ~[-JlNo I! )'es, list agency(s) and permit/approvals DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODJFICATIDN? [] Ye, [] No I CERTIFY THAT THE INFORMATION PROVIDE0 ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Ifthe actionisinthe CoastalArea. and you are a state agency, completethe Coastal Assessment Form belore proceeding with this assessment OVER 1 (Continued on reverse side) The N.y.S. Environmental Quality Review Act reaulres of this form, and an environmental review will b~ mA~ Ly submission SHORT ENVIRONMENTAL ASSESSMENT FO~ (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 b~ 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? ~Yes ~No 3. Will project alter or have a large effect on an existing body of water? 4. Will project have a potentially large impact 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 to be important to the community? ., Yes 9. Will project adversely impact any site or struct- use of historic, pre-historic, or paleontological, importance or any site designated as a critical env[rcnmental area by a local agency? ..... Yes NO 10. Will project have a major effect on existing or d~ future recreational opportunities? _ Yes ~NO ll. Will project result in major traffic problems or cause a major effect to existing transportation systems? 12. Will project regularly Cause objectionable odors, noise, glare, vibration, or electrical disturb- ante as a result of the project's operation?Yes ____No 13. Will project have any impact on public health .. Yes No 14. Will project affect the existing community by period or have a major negative effect on the charact~ of the community or neighborhood? TOV/~ OF SOUTHOLD OFFICE OF BUILDING INSPECTOR P.O. BOX 728 TOWN HALL SOUTHOLD, N.Y. 119?l CERTIFICATE OF OCCUPANCY TEL. 765-1802 DATE..~u~ IqL 1987 VACANT This CERTIFIES that the lot .................................. Location of Property. 2295 ALDrICH.LANE LAUREL .... · HOUSE # STREET HAMLET 125 2 ' . _ 001.014 County Tax Map #, Section ............. Block ................ Loc .......... ..... Map of Richard Cron - . . #..~.. #...{ uoazvzszon ........................... Fi~ea Map ..Lot .... conforms substantially to the applicable provisions of the Zoning Code of the Town of Southold. The premises are located in the A-Residential Agricultural Zoned District and may be used for such uses as are presently authorized by the Zoning Code in such district subject to, however, all of the requirements of the Zoning Code. ALAN RIBALICH-KATHLEEN RIBALICH The certificate is issued to ............. (owner, ~X~XXXXXX of the aforesaid lot. Building Inspector Rev. 7/86 WC 9 2 CONSULT YOUR (~AWYER BEFORE SIGNING THIS INSTRUMENT--THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY, THI~ INDEN'I'~IR~ made the .~ ~Y of ~C~ , nineteen hundred and ~ 7 BE~N ALA~ R, R~gARZC~ A~D ~TRLEE~ RZBARZCR, =esiding a~ 6 ~olphin Way, giverhead, New York ~ rt7 of th~ first ~, ~d Robert,~Gabr~el and Theresa GabrSel, both res~dSng at 12 Harrison Avenue, Bellpo~t, New York party of the second part, WI'I~E.~ETH, 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, AIJ~ that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the~ Town of Southold, County of Suffolk, known and designated as Lot No. ~, on a certain map entitled, "Map of Land of Richard J. Cron at Laurel" and filed in the Office of the Clerk ofthe County of Suffolk on September 30, 1985 as Map No. 7975. 14930 TOGETfIER with all right, title and interest, if any, of the party of the first part in and to any streots and roads abutting the above described premises to the center lines thereof; TOGETHER wi~h the appurtenances and all the estate and rights of the party of the first part in and to s~id premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second 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 the ~r~o~,s[i,[l~,~gq~.v~..ogh% fons~radon for this conveyance and will hold the right to receive such consid- erad0h' i~a4,t$~a.~/~u3v3,it.i~be~ghglfed-first for the purpose of paying the cost of the improvement and will apply the same' fir~b~4~pa32tOe~r~t of the cost of the improvement before using any part of the total of the Sa.me for any ~,e~pprpose,~,~,~ The word~:-'paft~,'"~t~q~'c~.~Itrued as if it read "parties" whenever the sense of this indenture so requires. IN wrrNF..~ WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN pRF~ENCE. OF: KATHLEEN RIBARICH 10465 61 STATE OF NEW YORK, COUNTy OE On the J-~' day of ~ personally came 19 ~'~, before me ALAN R. RIBARICH AND KATHLEEN RIBAR] to me ~nown to be the ind{vidual described in and who executed the foregoing instrument, and acknowledged that executed the same. 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 sue'.; 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 NEW YORK, COUNTY OF On the day of personally came CH 19 , before me to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. STATE or NEW 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. BLOCK COUNIY OR TOVgN TO First American Title Insurance Company of New York Recorded At Request of First American TiUe Insurance Company of New York RETURN BY MAlL TO: ...~_.~_~.~---Zi~ lqo.; t.g'T'~ Pxamincd ................. 19 .. FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 1197'1 TEL.: 765-1802 Approved ................. 19 .. Pcrmit No ............ Disapproved a/c ~ 2~° '~ qJ& ~,'/ :' ) 3~RD ......... ~ . . OF HEALTH ETS OF PLANS ............ SURVEY ..................... CNECK ...................... SEPTIC FORH ................ NOTIFY CALL MAIL TO: (Building Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS Date ................ , ... a. Tiffs application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a deta/led description of layout of property must be drawn on the diagram which is part of th.is appli- cation. ¢. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the appLicant. Such permit shall be kept on the premises available for inspection throu~out the work. e. No building shall be occupied or used in whole or ~n part for any purpose xvhatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold. Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. Tile applicant agrees to comply with all applicable laws, ordinances, building code, housing code, a~nd regulations, and to admit authorized inspectors on premises and in building for necessary inspe/ctions,L- /.~ (~' /' / ~ · . % .............. (Signature o£ applicant, or name, if a corporation) 10).J-4,~.a..,,t.,s.,,I Pl,~ /'~r--ct.~'~,t.-w Io'7. t17,.,3. (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. R ' Nameofownerofpremises ..... o..q..r~.~.xT.....'~..'I...L~.,.,3...~..~.'.~..' .~..4'..'F..,.?.% ........................... (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. (Name and title of co.orate officer) Builder's License No .......................... Plumber's License No ......................... Electrician's License No ....................... Other Trade's License No ...................... I. Location of land on which proposed work will be done· ' ...... .................... .tq.. ..... tlouse Number Street Hainlct ' ' County Tax Map No. 1000 Section ................. Block ~'q ~[' Lot O O I ..{~ I .~. Subdivision. ~. Y.~ .O.~.'.'.'P..C .('~.o.,~. ................ Filed ,Map No. .7..~. '7,f" . Lot (Name) ......................... 2. State existing use and occupancy of premises and intended use and occupancy of proposed constrtlction: a. Existing use and occupancy ..... y~l..~..~1.o..x-../.r.~..~.~.... o. (131 ;;i 1.4'ii ...... : ................ b. Intended use and occupancy ..... t?..~.~. .'~. ~..% 3. Nature of work (check which ap ble): New, Building . .~..'. .... Addition .......... /alteration Repa/r ..... Removal ......... ....................... Demolition .............. O~.ri ~'~'°rk 'ot' ........... 4. Estimate'd Cost (Dcscr/ption) 5. If dwelling, number of al%veiLing units I (to be paid on filing this application If gara~-e, number of cars ......... ~- ............. Number of dwelling units on each floor .... ' If business, Commercial or mixed occupancy, specify natnre and extent of 7. Dimensions of existing structures, if any' Front ~ ' "_~.~2.y~''' '''f use .. ' ' · ' ............. Rear ............... Depth ...... Height ............... Number of Stones ..... ,..~... .. . Dimensions of same structure with ............................................... alterations or additions: Front Depth .................... IIeight ................. Rear ............. · ' ' ..................... Number of Stones ............... ' .... 8. Dimensions of entire new construction: Front ..7..4. ....... Rear . ?...l:.. .......... Depth .~.~... j.'. Height ............... Number of Stories 9. Size-of lot: Front I'~~ ....... ..... " Rear ..... 10. DateofPurchase i..iji. ' ..................... l~ej>th ..vJ.?.9.T?..~.. ....... Name of Fenner Owner I 1. Zone or use district in which premises are situated. .~ c ...... 1 2. Does proposed construction violate any zoning law, ' '/~/'-'~'~'~'°"~' "~' 'r'e"*' ~ ' 13. Will lot be regraded ................... ' ................................. ordinance or regulation: ............................... 14. Narne of Owner of premises . ¢?.51.~.t.~..,.. ......... Will excess fill be removed from premises: Yes No ......... Address I~-4~..~.,t,a,,,d Name of Architect .... Name of Contractor ....................... Address ..... ~ .¢'-.~..,r.~.~.~..~ .... Phone No ............... .......................... Address ................... Phone No ...... - ' 15.Is this property located within'~O0 feet of a tidal wetland? *YES .... ~1~'~.'..' *If yes, Soul:hold Town Trustees Permit may be required. PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and, indicate all set-back dimensions from property Lines. Give street and block number or description according to deed, and show street names and indicate whether inter/or or corner lot. STATE OF NEW YORK, s.s ..... .,.,_.o. r-,. , , - · . ' ............ being duly sworn, deposes and says that he is the applicant (Name of ndw~dual s~gning contract) :bore named. te is the - · (Contractor agent Corporate officer etc ) ''' ''' ~f said Owner or owners, and is duly authorized to perform or have performed the said work and to make and file this Pplication; that all statements contained in this application are true to the best of Liis knowledge and belief;and that the · 'ork xvill be performed in tile manner scl forth in the application filed therewith. Worn 1o before mc this UEtEN & DE VOE NOTARY PUflLIC State of ~Jew Yo~k ' ' ' · - No. 470757~, Suffolk C~unt~ / Term Expires I~&~ch 30,19 I~ (Signature of applicant) QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED ~TH YOUR APPLICATION FORMS TO THE BOARD OF APPEALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch), to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours? 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, c~ncrete barriers, decks, etc? If project is proposed for an accessory building or structure, i~ total height at more than 18 feet above average ground 1--~-~17 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 Yes 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'contract) 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? Yes N/iooO~ Yes No Yes No Yes No Yes No Yes Yes ~ Yes Yes ~ 13. Please list present use or operations conducted upon the subject property at this time ~ ~JT- ~.~ and proposed Please submit photographs for the record. I certify that the above statements are true and are being submitted reliance by the Boar~f Appeals in considering my application. Signature (Property Owner) (Authorized Agent) for 1/88 WETLANDS [Amended 8-26-76 hy L.L. N 85 by L.L. No. 6-1985]: o. 2-1976 3-26- A, TIDAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with, or which border on, tidal ~.aters, or la.ds lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet. including b~:~ not lim:ted to banks, bogs, salt marsh, swamps, meadows. ¢lats or other low lying lands subject to tidal action: (2) All banks, hogs, meadows, fiats ami tidal marsh : subject to such tides and upon which grows or may grow some or any of the following: salt hay, black grass, saltworts, sea lavender, tail eordgrass, high hush, cattails, groundsel, marshmallow and low march cordgrass; and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection Al2) and lying within seven- ty-five (75) feet lamlward of the most landward edge of such a tidal wetland. FRESIIWATER WETLANDS: (i) "Freshwater wetlands" as defined in Article 24, Ti- tle 1, § 24-0107. Subdivisions l(a) to l(d) inclusive, of the Environmental Conservation Law of the State of New York; and (2) All land immediately adjacent to a"freshwater wet- !and," as defined in Subsection B(1) ami lying with- m seventy-five (75) feet landward of the most land. ward edge of a "fi'eshwater wetland." 9705 Legend -L .Z R~-80' NOTICE OF HEARINGS NOTIC~ IS HEREBY GIVEN, persuan~iC Section 267 of the Town L~,~nd the Code of the Town of Soulhold, the following hearings will be hem by the SOUTHOLD TOWN EOARD OF APPEALS at a Regular Me~ing, at Ibc Southold Town Hall, Main Road, So~thold, NY 11971, THURSDAY, ~JNE 29, 1989, at the following 7:30 p.m. AppL No. 3841 - GER- ARD W. GAUGHRAN. Variance to the ~onin8 Ordinance, Aedcle Section 100-72 (Afllcle ~l, Section 100-31 under the p~vinus zoning code) for permission to construct addition(s) to eY~tin8 sin81e-family dwelling structure with an inmfl~i- cleat rear yard setback from the ~ ~.,~tes is nenecmfonnin8 at 25,634 sq. ft. in this R-O Zone DistricL Location of Property: 49925 Main Road, Sonthold, NY; County Tax blap No. 1000-70.5-2. ~'7:35 p.m. AppL No. 3850. gROBERT GAERIEK Variance to the ~Zoning Ordinance, ARicle 113, Sec- ] lion 100-32 and Section 100-13, ns muct new dweifin8 upon Lot ~1 in this Subdivision knovm as 'Map ~ Richard J. Cron,' County Clerk's lVlap No. 7975, f~d 9-30-85, said 1(1 ~vi~g ~t insufficient width at the efiy locsti~: W~st Side of AI&~A Lane, Laond; Ca,my ToA Map Dis- edct 1000, Section 125, Bilk 2, Lct ~LI4. ..~ 7:40 p.m. AppL No. 3848 - CINDY RUGGLES. Variance to the Zeoin8 Ordinance, Article XXlV, -qection 100-244 (Article HLA~, Sec- ~ 100-30A.3, as &sapproved) fe~ pe. rmission to construct de~ addit~n LCt Mca is nonconforming at ,e~,,x- imatcly 13,300 sq. ft. in this R-40 Zone District. property locari~n: 1150 Nakomis Road, Southold; Carney Tax lVlap Disedct 1000, Sec- li~n 78. Block 3, Lot 15. 7:45 p.m. Appl. No. 3844 - DR. AND MRS. IRA WEClt I r~,MAN. Varinnces to the Z(~ing Ordinance, Article IrlA, Section 100-30A,3 (Aflicle ~ Section 100-32 as Disap- proved on March 9, 1989) for permission to censtru~ dealt additlm wlth an insufficient fctb~ek from the rear ixopmy line nad an insuffmcie~ sctlxtek from the existing conc~te ba~:k rosining wall along Eugene's (hat) Creek. L~ area is noneon- fonedng at q~hnatcly 8,200 sq. ft. in this R-40 Z~ne DisuicL erty location:. 630 Oak Street, ~.utchogue, NY; Cotmty Tax Map tstrlc~ 1000, Section 136, Block I, Bayvinw Road), Southold. NY; County To Map District 1000, Sec- tion T7, [ 3. Let 18, 8:00 p.n.. App]. No. 3847 - $OH~ NY; C~miy Tax Map District 1000, Section 38, Blo~ 2. Lo~ 32; Marion Manor Subdivision Lo~ No. 4. 8:05 p.m. Appl. No. 3846 - CHIL~TER AND IOYCE SKWARA. posed Pluccls Nc~ I and No. 2. I~. Zo~ Dimict at 76.970 sq. fL ~ R~d, l%co~ic, NY; Co, my T~x Map District 1000, Section 86, Blo~k 1, Lot 14. 8:10 p.m. AppL No. 3843 - ADAM ASSOCIATES. Varianc~ to the Zoning Ordin~ce, Anicle VIII. Section 100-82 for approval of insuf- ficient lo~ area and width of pro- posed Lo~ No. 4'(which is ~ in the tn ~ Disedct) as shown en the Seuthcld Town Pluming Bcerd, Property location; North Side of CR. 48, Mat~mck, NY; County Tax Map District 1000, Section 113, Block 12, lot 10. 8:I5 p.m. Appl, N~ 3840 - TATE OF J'ENN~ HARRIS. Vari- ances to the ~ouln80rdbunce. Arti- cle XIV. Section 100-142 (Artinlt I~ Seclion 100-31 as Disapproved) each with an existing dwelling. Zone Cutchogue, NY; Cotmty Tax Map Disedct 1000, Sec~oo 96. Block I. t~. 18.1 (18). 8:20 pm. AppL No. 3855 - BAR- BARA BRUCH, Variance to the Zonin8 Ordinance, Article Sectin~ 100-239d for pemJission to an insufficient sctbeck from e~isling maque Pond, Properly Ioollim: 80 Beverly Road, Secthold, NY; Coun- ty Tax Map District 1000, Section 52, Binek 2, L~ 39. 8'.25 pm, AI~. No. 3856 - JOHN AND MARIAN BOPP. Vafimen to the ZGoing O~bunce, Aflide Seelien 100.244 for permission to tree is nonconfon~uins at app~'oxi. merely 13,500 sq. fi. in this Re Zone lution rendered Febma~ ~ 1989, Ordir~nce, Article II'l, Section I00- 32 (prcvinusly 100-31) for approval parcels in this pending division of land. Property lo~ation: West Side c~ Cr~scem Avenue and tbe North Side of Central Avenue, Fishers Island, NY; County Tax Map Disedct 1000, Section 6, Bleck 6, Lot 20.4. The Boaid of Appe.~s will st said time and Flace hear ~ny md ~ll p~r- sons or ~p~smu~iv~s deshing to b~ mi~ed prix to Ihe co~cinsion of ~i~ subject hearing. Each h~ring will will be &v~ilable. if n~.~cd. Fo~ mo~ informJtioo, please c~l1765-1809. Dsted: June 14, 1989. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRiNGER CHAIRMAN By Linda Kowalski 6343-1TJ22 __ of Mattltuck, In ~at he/she Js Principal .Weekly Newspaper, ,f SouthoM, ~ounty of it tho Notice of which i roguhrfy published iff for 1, weeks 22, day o! )rinclpel Clerk COUNTY OF SUFFOLK SS: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for .................... ./ ...... weeks successively, commencing on the .......... ~ ........ day of... '.~:::: .'.:::.:, .............. ,. Sworn to before me this ..................... day of ........ ~ ....... , ~9.0.. Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, State M New Y~I No, 4806846 I~alified in Suffolk Coo.~/ Commission Expires ~/J ,'/~; 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, Maih Road, Southold, NY 11971, on THURSDAY, JUNE 29, 1989, at the following times: 7:30 p.m. Appl. No. 3841- GERARD W. GAUGHRAN. Variance to the Zoning Ordi- nance, Article VII, Section 100-72 (Article III, Section 100-31 under the p~vious zon- ing code) for permission to con- struct addition(s) to existing single-family dwelling structure with an insufficient rear yard setback from the northerly pro- petty line. Lot area of premises is nonconforming at 25,634 sq. ft. in this R-0 Zone District. Location of Property: 49925 Main Road, Southold, NY; County Tax Map No. 1000-70- 5-2. ~ 7:35 P.M. Appl. No. 3850. ROBERT GABRIEL. Variance to the Zoning Ordinance, Arti- cle III, Section 100-32 and Sec- tion 100-13, as Disapproved, for permission to construct new dwelling upon Lot #1 in this Subdivision known as "Map of Richard J. Cron," County Clerk's Map No. 7975, filed 9/30/85, said lot having an insufficient width at the propos- ed building setback line. Pro- petty location: West Side of Aldrich Lane, Laurel; County Tax Man District 1000, Section 125, Block 2, Lot 1.14. 7:40 p.m. AppL No. 3848-- CINDY RUGGLES. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 (Article IIIA, Section 100-30A.3, as dis- approved) for permission to construct deck addition with an insufficient rearyard setback. Lot area is nonconforming at approximately 13,300 sq. ft. in this R-40 Zone District. Proper- ty location: 1150 Nakomis Road, Southold; County Tax Map Dis- trict 1000, Section 78, Block 3, Lot 15. 7:45 p.m. Appl. No. 3844-- DR. AND MRS. IRA WECH- TERMAN. Variances to the Zoning Ordinance, Article XXIII, Section 100-239d, and Article IliA, Section 100-30A.3 (Article III, Section 100-32 as Disapproved on March 9, 1989) for permission to construct deck addition with an insufficient set- back from the rear property line and an insufficient setback from the existing concrete block re- taining wall along Eugene's .(East) Creek. LOt area is non- conforming at approximately 8,2(? . ft. in this R-40 Zone Disth~t. Property location: 630 Oak Street, Cutchogue, NY; County Tax Map District 1000, Section 136, Block 1, LOt 42.1 (includes 41 & 42); Subdivision of Eugene Heights, LOt Nos. 28, 29 and half of 27. 7:50 p.m. Appl. No 3845-- PHILEMON AND BARBARA DICKERSON. Variance to the Zoning Ordinance, Article XXIV, Section 100-244, and Ar- ticle IliA, Section 100-30A.4 (Article III, Section 100-31 as Disapproved March 2, 1989) for permission to construct acces- sory storage building in an area other than the required rear 3~ard. LOt area is nonconforming at approximately 16,800 sq. ft. in this R-40 Zone District. Pro- perry location: 3220 Delmar try Estates Lot 6'36; County Map District 1000, Section 125, Block 4, Lot 14. 7:55 p.m. Appl. No. 3838-- JOSEPH D. CAVANAOH and DAVID CICHANOWICZ. Variance to the Zouing Ordi- nance, Article XXIV, Section 100-244 and Article IliA, Sec- tion 100-30A.3 (Article I11, Sec- tion 100-31 aa Disapproved), for permission to locate proposed new dwelling with an insuffi- cient front yard setback from the northerly property line and with an insufficient rear yard setback from the southerly pm- perty lin~ Lot area is noncon- forming at 8,417 sq. ft. in this R-40 Zone District. Property location: 1375 Private Road I-A (said lot extending 1333.97 feet from the north side of North Bayview Road), Southold, NY; County ~ax Map District 1 .0~0, Section 77, Block 3, Lot 18. 8:00 p.m. Appl. No. 3847-- JOHN R. AND JEAN P. ED- LER. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.4 for permission to locate accessory building in an area other than the required rear yard. Property location: 3030 Cleaves Point Road, East Marion, NY; County Tax Map District 1000, Section 38, Block 2, Lot 32; Marion Manor Sub- division Lot No. 4. 8:05 p.m. Appl. No. 3846-- CHESTER AND JOYCE SKWARA. Variances to the Zoning Ordinance, Article II1, Section 100-32 for approval of insufficient lot area of propos- ed Parcels No. I and No. 2. Lot area is nonconforming in this. R-80 Zone District at 76,970 sq. ft. Property location: North side of Wells Road, Peconic, NY; County Tax Map District 1000, Section 86, Block 1, Lot 14. 8:10 p.m. Appl ~ 3843-- Article %qH, ~:i00-82 for approwl of ~ lot ami width of ~ LOt No. 4 (which is lOC~m~d~in the LB Zone District) as ~ on the subdivision map ~ before the Sunthold 3bW~i!planning Board. ~ location: North Side of C.R. 48, Mattituck, NY; County Tax Map District 1000, Section 113, Block 12, Lot ~0. 8:15 p.m. Appl.~No~ 3840-- ~FATE OF J~qNIE HAR- RIS. Variances to the Zoning Ordimmce, Article XlV,,Section 100-142 (Article III, Section 100-31 as Disapproved) for ap. proval Of insoffici~I lot: area and width of two pro ~po~ed par- trial (LI). Property location: North Side 0f C.IL 48, Cutch- trict 1000, Section 96, Block 1, Lot 18.l (18). 8:20 p.m. Appi. lqo. 3855-- BARRARA BRUSH. Variance cie XXIII, Section 100-239d for permiasion to locate new dwell- setback from existing concrete seawall along Arshamomaque Pond. ~ location: 80 Beverly Road, S~uthold, NY; County 'Fax Map District 1000, Section 52, Block 2, LOt 39. 8:25 p.m. Appl. No. 3856--- JOHN AND MARIAN BOPP. Vurhnce to the Zoning Ordi- nance, Article XXIV, Section 100-244 for permission to con- street deck addition with anin- Sufficient rearyard Setback. Lot 4Uea is nonconforming at ap- RO Zone District. Property location: West' side of Maple Street, Mattitock, NY; County 'lhx Map District 1000, Section 140, Block 3, Lot 24. 8:30 p.m. AppL No. 3862-- HAROLD AND HATTIE SFt~TI-ER. Variance to the Zon- ing O[dinaoc~ Atticle IliA, S~tion 100-30A.4 for sion to locate accessory lndlding in an area other than the quired rear ~u~l. Prol~ Ioea- tion: 670 Wiggins Lane, Green- trier 1000, Section 35, Block 4, 28.7. 8:40 p.m. Appl. No. 3808-- OUNTHER MORCHEL. Variances to the Zoning Ordi- nance, Article X, Section 100-102 for permiuion to con- stroct,addition with an in~uffi- ciant rearyard ~etback and lot coverage in excess of maximum limit of 30~/o (as disapproved), Article XXIV, Section 100-244B, and Article XXlV, Section 100-242(A) concerning exten- sion of nonconforming side and front ~nird ~tbacks. Lot as~a is nonconforming at approximat~ Business (B) Zone District. Pro- perty location: Comer of the South Side ~f the Main Road and the East Side of Sigshee Road, Matfituck, NY;, County 'lllx Map District 1000, Section 143, Block 2, Lot I (or I and 30). 8:45 p.m. AppL No. 3797-- FISHERS ISLAND U~LITY COMPANY, INC. Conclusion of written portion of heasing, rescind prior resolution rmlder- ed ~bruary 9, 1989, ~ com- mence delil~rattons co~ a Variance to the'Zon~ ~ nance, Article lll,"~ction 100-32 (M~eviOnsly 100~31) for approval of insufftclant area of two propoaed Marcels ix this pending division of land; Pro- perty location: West Side of C~scent Avenue and the North Side of Central Avenue, Fishers Island, NY:County 2hx Map District. 1000, Section 6, Block 6, Lot 20.4. The Boasd of Appeals will at said time and place hear any and siring to be heard in each of the ' above matters. V~tten com- ments may also he submitted prior to the conclusion of the subject hearing. Each hearing will not start before thc time al- lotted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated: June 14, 1989. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINOER CHAIRMAN By Linda Kowalski IX, 6/22/89 (1) BOARD OF APPEALS, TOWN OF SOUTHOLD In theater or the Petition of : to the Board of Appeals of the Town of Southold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1, T~-~,t~t~intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a~riance_~S~pe~n) (Speci-a~_rmit) (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: /$ ~-;~ ~- r4 ( ,~ (..-.',~ A~e ~_ 3. That the property which is the subject of such Petition is located in the following zoning district: 4 That b~, such Petition, the undersigned will request the following relief:~ ,/'fie ,~c~, ~-~ ¢~=, ~ 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare Article _-Z-TT__ Section zo,~, $ d~¢*y~_ [ ] 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: 5-~0~ ' ~- 5 Petitioner Owners'Names: Post Office Address Tel. No. [Copy of sketch or plan showing proposal to be attached for convenience purposes.] PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS '~ghn Gunther :~P.O-': ':I30 × 478 11940 Louis Boschett ~ 365 F~rge Road CaLverton, N~ 1 L933 . ¢o ~ 11~ 40~ 248 ~guerJ_te Schol tz I Sound Avenue verhead, NY 11901 STATE OF NEW YORK ) COUNTY OF SUFFOLK) , being duly sworn, deposes and says that on the // day of /~'~ ,19 ~c~,~ , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at ~,"~ ~',~ ~ ,~ ~ ...4~-/'~· ; that said Notices were mailed to each of said persons by (certified) (registered, mail. ,~-~'- C Sc~ Sworn to befo[e ~ne this da~L.o f ~/V! ~ - Notary Public~ ELIZABETH ANN NEVILLE Notary Public, State of New York No. 52-8125850, Suffolk Term Expires October 31, 19 (This side does not have to be completed on form transmitted to adjoining property owners.)