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Home My WebLink About3841 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZI0, .IR. Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHO/D, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX NO. (516) 765-1823 ACTION OF THE BOARD OF APPEALS Appeal No. 3841: Application for GERARD W. GAUGHI~AN. 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-O Zone District. Location of Property: 49925 Main Road, Southold, NY; County Tax Map District 1000, Section 70, Block 5, Lot 2. WHEREAS, a public hearing was held on June 29, 1989 under Appeal No. 3841; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the westerly side of Main Road in the Hamlet and Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 70, Block 5, Lot 2. 2. The subject premises: (a) is improved with a single-family, two-story framed house, as shown on survey dated January 6, 1989 prepared by Roderick VanTuyl, P.C. submitted under this application; (b) is nonconforming as to lot area and lot width in this Residential-Office (RO) Zone District; Page 2 - Appl. No. 3841 Matter of GERARD W. GAUGHRAN Decision Rendered June 29, 1989 (c) is bounded on the west (northwest) by properties located in the Agricultural-Conservation {A-C} Zone District and on the north and south by other properties located in the Residential-Office (RO) Zone District. 3. By this application, appellant requests a Variance from Article VII, Section 100-71 for permission to construct an addition (garage, deck and kitchen areas) at the rear of the dwelling, which includes modification of the garage structure shown on the January 6, 1989 survey in the rear yard area approximately 16 feet from the rear property line and reconstruction and extension of the rear portion of the dwelling, all as shown on the sketched survey submitted with this application with the nearest rear yard setback for the principal structure to be 16 feet (same setback as the existing garage structure). 4. In considering this application, the Board also finds and determines: (a) the nonconformities of the land and building in question lend to the within practical difficulties; (b) the difficulties cannot be obviated by some method feasible for appellant to pursue other than a variance; (c) the location of the addition as requested will not be adverse to the essential character of the neighborhood; (d) 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; (e) in carefully considering the entire record and all the above factors, as well as viewing the general character of the neighborhood, it is within the best interests of justice to grant the variance, as applied and further noted below. Page ~ - Appl. No. 3841 Matter of GERARD W. GAUGHRAN Decision Rendered June 29, 1989 (Appl. No. 3841 - GAUGHRAN decision, continued:) Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT the relief requested under Appeal No. 3841 in the Matter of the Application of GERAI~D W. GAUGHRAN for the addition at the rear of existing dwelling with an insufficient rearyard setback at not less than 16 feet, as applied. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Sawicki, and Dinizio. This resolution was unanimously adopted. lk RECEIVED AND FILED BY THE SOUTHOLD TOWN CT.~p,K Town Clerk, Town of Sout~bld Southold Town Board of Appeals 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: ~to t 7:30 p.m. Appl. No. 3841 - GERARD W. GAUGHRAN. Variance he 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. Location of Property: 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 1.14. 7:40 p.m. Appl. No. 3848 - CINDY RUGGLES. Variance to the Zoning Ordinance, Article M/IV, 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 WECHTEP~4AN. 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. 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). 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 insuificient 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 ~.~..O~...~ ~..G ~-~h~-~ .~.~.. ~ .-~..... u.~ ~. ~ ...... that your application_ dated . ~~-- r~. PLEASE TAKE NOTICE Location of Property . ~..~ .~ ...... ~ ~..~.. ........ ~~.~ ......... House No. Street Hamlet County Tax Map No. 1000 Section ... ~.~.0 ..... Block .... .q.~ ..... Lot .. ~ .~ ....... Subdivision ................. Filed Map No ................. Lot No. ' is returned herewith and disapproved on the followEg grounds. ~.~..~'~. ~ ~. ~. ~ C~ .... ~~ ~.~;...~.. ~.~.~.~.. ......... ........ ~h~5~h[' ~h~;~ ....... RV 1/80 APPEAL FROM DECISION OF BUILDING INSPECTOR /;OO~.fh, APPEAL NO. ~<~ / APR ?~ DATE 4-(~ ....~.. .......... TO THE ZONING BOARD OF APPEALS, TOWN OF SC~THOLD, N. Y. .I ...... J~.~.....0..~. .............. o...~ ....................... 1, (We) L~..L'!.L~.~'m~....C.~.n.~..~.~,: .......................... of Oo 1~ z/f ,, co~o,~/ Z,~ Name of Appellant Street and Number ..... ................................................................. ....... ~.-Y..' .............. 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 .............................. Name of Applicant for permit o, ....................... ................... ..................... Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (/F' ~u_~'ld.,k~ ~>~,;~- 1. LOCATION OF THE PROPERTY ...~..~..~.~...~.......~./..'.~..2.~.:....8.~...~....~..L.~..~..~.~JT~.[./~].~ci.qH.(.~ Street /Hamlet / Use District on Z~ni~g Map DistPict 1000 Section O?0Block ~Lot ~ C'r~ent .................................................................................. u ~ner (xeratd ~Aare Mop No. Lot No. Prior Owner ~,~.~ 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article ~ Section 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( ~'"A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lock of access (State of New York Town Law Chop, 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (has) ~ been mode with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for o variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection ( b~A Variance to the Zoning Ordinance ( ) is requested for the reason that -Z~ ~ Porto ~.I)1 (Continue on other side) · REASON FOR APPEA'T_ Continued 1. STRICT APPLICATIO~.qF THE 0~RDINANCE would produce practical difficulties or unneces- sary HARDSHIP because I~ oroJer- ~-o ~l~cc ~ ~s~n~ ~,~&e~ 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 ~- ~,~l~,~ ~ Jlo~-S~- ~S ~o~- ~loser- -ko -t~e- r-c~,- propel'h,, I,'~ '~4~ ~ ~;~or,'~5 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because ~ ~/~JD~)Se~ ~e~c~/~ t,Oo~le~ b~ STATE OF NEW YORK )) ss ~~¢'/'~i~re ....... ~ COUNTY OF ~,~.¢L- ) -~ Sworn ,o this ............. ~.~. ..................... day of .. 6~ ............................. 19~ LINDA J. COOPER Nota~/Public, State of New York No. 4822563, Suffolk County ~ Term Expires December 31, 19 TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER ;TREET viLLAGE /' DIST. SUB. LOT RES. o~-J .0 SEAS. VL. ~' FARM cOMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS · ~GE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM ", Acre Value Per Value Til~ob~e F~ONTAGE' ON WATER, W~nd FRONTAGE ON ROAD Z/~ / / ~ ~ Meodowlond . DEPTH ~ ~ o z House Plot .... BULKH~D Total D~K COLOR ~-R~ ' TRIM M. Bldg. Extension Extension · Extension Porch ' Po~ch Breezeway - Garage Patio O'B' i Total Foundation Basement Ext. Walls Fire Place Type Roof Recreation Room Dormer Bath Floors Interio~ Fihish Heat Rooms Ist Floor Rooms 2nd Floor Driveway . , ~ , Dinette p/-. r~=~,.-/~ /''-~'' ~R. · JFIN..B Southold Town Board of Appeals TELEPHONE (516} 765-1809 FAX NO. (516) 765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR, SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. July 14, 1989 Mr. William Conway P.O. Box 1902 Southold, NY 11971 Re: Appl. No. 3841 - Gerard W. Gaughran (Variance) Dear Mr. Conway: Transmitted for your records is a copy of the recent determination rendered by the Board of Appeals concerning your application. Please be sure to return to the Building Department and all other involved agencies for proper permits as may be necessary before commencing construction activities. A copy of this decision has simultaneously been 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 Suffolk County Department of Planning 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 Appeal No. 3841: Application for 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-O Zone District. Location of Property: 49925 Main Road, Southold, NY; County Tax Map District 1000, Section 70, Block 5, Lot 2. WHEREAS, a public hearing was held on June 29, 1989 under Appeal No. 3841; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the westerly side of Main Road in the Hamlet and Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 70, Block 5, Lot 2. 2. The subject premises: (a) is improved with a single-family, two-story framed house, as shown on survey dated January 6, 1989 prepared by Roderick VanTuyl, P.C. submitted under this application; (b) is nonconforming as to lot area and lot width in this Residential-Office (RO) Zone District; Page 2 - Appl. No. 3841 Matter of GERARD W. GAUGHRAN Decision Rendered June 29, 1989 (c) is bounded on the west (northwest) by properties located in the Agricultural-Conservation {A-C} Zone District and on the north and south by other properties located in the Residential-Office (RO) Zone District. 3. By this application, appellant requests a Variance from Article VII, Section 100-71 for permission to construct an addition (garage, deck and kitchen areas) at the rear of the dwelling, which includes modification of the garage structure shown on the January 6, 1989 survey in the rear yard area approximately 16 feet from the rear property line and reconstruction and extension of the rear portion of the dwelling, all as shown on the sketched survey submitted with this application with the nearest rear yard setback for the principal structure to be 16 feet (same setback as the existing garage structure). 4. In considering this application, the Board also finds and determines: (a) the nonconformities of the land and building in question lend to the within practical difficulties; (b) the difficulties cannot be obviated by some method feasible for appellant to pursue other than a variance; (c) the location of the addition as requested will not be adverse to the essential character of the neighborhood; (d) 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; (e) in carefully considering the entire record and all the above factors, as well as viewing the general character of the neighborhood, it is within the best interests of justice to grant the variance, as applied and further noted below. Page ~ - Appl. No. 3841 Matter of GERARD W. GAUGHRAN Decision Rendered June 29, 1989 (Appl. No. 3841 - GAUGHRAN decision, continued:) Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT the relief requested under Appeal No. 3841 in the Matter of the Application of GERAI~D W. GAUGHRAN for the addition at the rear of existing dwelling with an insufficient rearyard setback at not less than 16 feet, as applied. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Sawicki, and Dinizio. This resolution was unanimously adopted. lk GERARD P. GOEH~RMAN APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX NO. (516) 765-1823 July 27, 1989 Mr. William Conway P.O. Box 1902 Southold, NY 11971 Re: Appl. No. 3841 - Gerard W. Gaughran (Variance) Dear Mr. Conway: For your information and files enclosed is a copy of a letter received from Suffolk County Department of Planning with reference to the above numbered appeal. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN tr Encl. By Linda Kowalski APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. Southold Town Board of Appeals NIAIN ROAD- STATE ROAD 25 SOUTHOLD, L,I., N.Y. 11971 TELEPHONE (516) 765-1809 Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: × Variance from the Zoning Code, Article vii, Section 100-72 Variance from Determination of South61d Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 3841 Applicant: Gerard W. Gaughran Location of Affected Land: 49925 Main Rd., Southold, County Tax Map Item No.: 1000- 70-5-2 Within 500 feet of: Town or Village Boundary Line NY X Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Boundary of Existing or Proposed County, Boundary of Existing or Proposed County, Other Recreation Area Thruway State or Federally Owned State or Federal Park or Land or Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to construct addition with insufficient rear yard setback from north property line. Copies of Town file and related documents enclosed for your review. Dated: 7/~F/89 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZtO, 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 14, 1989 Mr. William Conway P.O. Box 1902 Southold, NY 11971 Re: Appl. No. 3841 - Gerard W. Gaughran (Variance) Dear Mr. Conway: Transmitted for your records is a copy of the recent determination rendered by the Board of Appeals concerning your application. Please be sure to return to the Building Department and all other involved agencies for proper permits as may be necessary before commencing construction activities. A copy of this decision has simultaneously been 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 Suffolk County Department of Planning APPEALS BOARD MEMBERS GERARD P. GOEHR1NGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI 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 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are ~lestions brought up durin~ 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 JUDITH T. TERRY OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Dated: April 7, 1989 Transmitted herewith is Zoning Appeal NO. 3841 , application of William Conway -(Gerard W. Gauqhran) for a variance. Also included is: Notification to Adjacent Property Owners; Short Environmental Assessment Form; 16tter relative to NYS Tidal Wetlands Land Use; Notice.of EHsapproval from the Building Department; survey of property; and any other attachments relative to this application. Judith T. Terry Southold Town Clerk APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX No. (516) 765-1823 TRANSCRIPT OF HEARING JUNE 29, 1989 REGULAR MEETING Appeal 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-O Zone District. Location of Property: 49925 Main Road, Southold, NY; County Tax Map No. 1000-70-5-2. Present were: Ail Members of the Board of Appeals: Gerard P. Goehringer as Chairman; Charles Grigonis, Jr; Serge Doyen, Jr.; James Dinizio, Jr.; and Joseph H. Sawicki. Also present were Board Secretary Linda Kowalski and approximately 20 persons.in the audience at the beginning of the meeting. The Chairman opened the hearing at 7:35 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 survey dated January 6, 1989 indicating a two-story framed home and location of the proposed penned-in addition, encompassing a garage, leaving a rear yard set- back of approximately 16 feet, plus or minus. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties. And a copy of the plans indicating the overall structured plans of the proposal from william Conway, Builder, dated March 28, 1989. Is there anybody here that would like to Page 2 - Appeal No. 3841 Matter of GERARD W. GAUGHRAN Transcript of June 29, 1989 Z.B.A. Hearing CHAIRMAN, continued: represent the applicant? WILLIAM CONWAY: Yes, I am. William Conway. CHAIRMAN: Is there anything you would like to say for the record, Mr. Conway? MR. CON-WAY: I don't, not really. CHAIRMAN: What they're actually doing is encompassing the garage-- taking the garage down? MR. CON-WAY: Yes. What it is, he's got an old garage back there and a kitchen he wants to remove and just renew everything, so it would be connecting the existing kitchen to the garage. So it's really not taking up any more area of the lot. It's just connecting it between the two. CHAIRMAN: I see. And you want to start this project as quickly as possible? MR. CONWAY: Yes. CHAIRMAN: We thank you very much for coming in. Is there anybody else that would like to speak in behalf of this application? (None) Anybody like to speak against the application? (No one). Any ques- tions from Board Members? (None) And you have all been down to the site (affirmative). You have no objection to it? MEMBER SAWICKI: No objection. CHAIRMAN: Jim? MEMBER DINIZIO: No objection. CHAIRMAN: A motion is in order then. MEMBER SAWICKI: I'll make it (approving). MEFkBER GRIGONIS: Second. Vote of the Board: Ayes: Ail. T~ variance was granted at this time. JAMES A. SCHONDEBARE TOWN ATTORNEY ROBERT H. BERNTSSON ASSISTANT TOWN ATTORNEY OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD 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. O/VIC A-C SOUTHOLD A-C / i aA)' / \ \ \ \ \ \ \ \ \ \ 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 William Conway, as Agent for Gerard Gaughran, P.O. Box 1902, Southold, NY 11971 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 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, Cutchoque, NY 11935 Southold Town Board of Appeals HAIN E[3AD- STATE RFIAD 25 SFIUTHE]LD, L.I., N.Y. ]197] 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 Determinatio~ of Non-Si~nificancm APPEAL NO.: 3841 PROJECT NAME: GERARD GAUGHRAN This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law ~44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: DESCRIPTION OF ACTION: with an insufficient rear YArd LOCATION OF PROJECT: particularly knQwn as: [X] Type II [ ] Unlisted [ ] Construct addition to existing dwelling setback Town of Southold, County of, Suffolk, more 49925 Main Road~,. Southold -70--5.-2- - REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The relief requested is a setback variance as regulated by Section 617.13, 6 NYCRR, SEQRA. FOR FURTHER 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 th~ applicant or his agent and posted on the Town Clerk Bulletin Board. ,14-16-4 (2/87~--Text t 2 [PRO~ECT I.D. NUMBER 617.21 C 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. APL ANT/SPONSOR I 2. PROJECT NAME 3. PROJECT LOCATION: ' 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, e~c., or provide map) SEQR 5. IS PROPOSED ACTION: [] New [~Expanslon [] ModificationlaBeratlon 6. D ScRJeE PROJEC BRIEFLY: AMOUNT OF ND AFFECTED: Initially ~-~t acres Ultimately //.-~.~ ~--~ acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? E]Yes [~No IfNo, describe briefly ~ ~;~'o u~?ll Co~ ~o 9. WHAT PRESENT LANO USE iN VICINITY OF PROJECT? dential [] Industrial .r~ Commercial ulture [] Park/Forest/Open space [] Other I0. DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING, NOW OR ULTIMATELY PROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAl., STATE OR LOCAL)? [] Yes ~No I! yes, list agency(s) and permit/approvals t 1. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes .~No tf ye~, list agency name and permit/approval 12. AS A RESULT OF PROPOSED ACTION WiLL EXISTING PERMiT/APPROVAL REQUIRE MOD[F CATION? [] Yes [~ No CERTIFY THAT THE iNFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 (Continued on reverse side) The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will b~ made by this board before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered NO it is likely that the project is not significant. (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? _ Yes ~NO Z. Will there be a major change to any unique or unusual land form on the site? Yes ENo 3. Will project alter or have a large effect on an existing body of water? Yes ~No 4. Will project have a potentially large, impact on groundwater quality? ~Yes .~No 5. Will project significantly effect drainage flow on adjacent sites? · Yes ENo 6. Will project affect any threatened or endangered plant or animal species? Yes 7. Will project result in a major adverse effect on air quality? .. Yes ~No 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? __Yes ~No 9. Will project adversely impact any site or struct- use of historic, pre-historic, or paleontological importance or any site designated as a critical envircamental area by a local agency? ____Yes ~No 10. Will project have a major effect on existing or future recreational opportunities? __._Yes ~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 ~No 13. Will project have any impact on public health or safety? ~Yes ~No 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year ~Yes ~No period or have a major negative effect on the charact~ of the community or neighborhood? 15. Is there public controversy COncerning the project? ~ · _ Yes ~No QUESTIO[~NAIRE TO BE CO>[PLETED AND SUB~'~ITTED YOUR APPLICATION 1"()[~45 TO '['lie B~)ARD i3[.' Al:PEALS Please complete, sign and return to the Office of tile Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch), to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours? Yes ~ 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, concrete barriers, decks, etc? If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground level? State total: ft. e If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total: '~7 ft. 7. 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 ~ 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 pu~rchasers and conditions of sale. (from cqntract) 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 Yes ~ Yes Yes ¢ Yes Yes Yes Yes 13. Please list present use or operations conducted upon the subject property at this t~me and proposed ~-~,~ /1~ ~c~- ' Please submit photographs £or tt~e~record. I certify that the above statements are true and are being submitted for reliance by the Board of Appeals in considering my application· ~i~nauure (Property O er~ ~uu~orized Agen~---~ 1/88 WETLANDS [Amended bi-'26-7,'; hy L.L. No. 2-197fi; 85 hy L.L. No. 6-1985]: A. TIDAL WETLANDS: (1) A~I ~and~ generally cov.,-ed or ~ntcrmktently ered w/th, or which bord,,r on, thlal wut tr., or ]ands ' lying beneath tidal waters, which at mean lo:v tide are covered by tidal watcr~ to a mnx~mtnn depth five (5) feet, inchnling hut not limited to hanks. bogs, salt marsh, swaml)R, memtow~, flats or other low lying lands subject to tidal action: (2) All banks, bogs, meadows, flats and ti(Iai marsh : subject ~ such tides and upon which grows or may grow some or any of the following: salt hay, black grass, saltwort, sea lavender, tall eordgrass, high bush. cattails, groundsel, marshmallow and low march cordgrass; and/or (3) Ali land immediately adjacent to a tidal wetland as defined in Subsection Al2} and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. FRESHWATER WETLANI)S: (I) ~Freshwa~r wetlands" as defined in Article 2,1, Ti- tle 1. ~ 24-0107, Subdivisions l(a) ~ l(d) inclusive, of the Environmeu~l Conservation Law of the Sta~ of New York: and (2) All land immediately adjacent to a "freshwater xvet- land," as defined in Subsection 11(1) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a "fi'esh~,ater wetland." 9705 TAX MAP DESIGNATION Dm. 1000 s~. 070.00 m~ 05. O0 002.00£ ,, 9662 CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT--THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY, TH~INDF. JgTURE, madcthe /~'-~yof September,nineteenhundrcdand Eighty-four, BETWEEN PARGARET N. SALADI. NO, residing at 42 Leo's Lane, Southampton, New York 11968, and JOHN GAUGHRAR, residing at 9128 218th Place, Queens Village, New York 11428, party ofthefirstpan.~d GERARD W. GAUGHRAN, SR., residing at 1763 Evergreen Avenue, East Meadow, New York 11554, party of the semnd pa~, WITNF..~ETH, t~t the party of the first part, in consideration of Ten Dollars and other valuable consideration paid by the pa~y of the second part, does hereby grant and release unto the pa~y of the s~ond pan, the heirs or successors and assi~s of the party of the second part forever, ALL that certain plot, piece or parcel of l~d~ with the buildings md improvements thereon ere~ed situate lyingand ~ing~ at Southold, xn the Town of Southold, County o~ Suffolk and State of New York, bounded and described as follows: North by land now or formerly of Joseph Faszezewski; East by Main Street; South by land now or formerly of Marie Johnson; West by the heirs of Louis E. Baker. BEING the same premises described in Liber 9362 of Deeds at page 508. TOGETHER with all right, title and interest, if any, of the party of the first part in and to auy streets and roads abutting the above described prenfises 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 }lAVE 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. written. IN pRESENCE OF: kND 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 Moresaid. ~ND the party of. the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part.will r~eive the consideration for this coqve~ance and will hold the right to receive such consid- ~er~ion ai:a:t~uste[lmd to be applied first for the purpose of paying the cost of the improvement and will apply the same fir&"t6~lle payment of the cost of the improvement before using any part of the total of the same for any other purpose. The xeord "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN wrr~lE~ WHF..REOF~ the party of the first part has duly executed this deed the day and year first above (L.S.) (L.S.; STATE 01~ NEW YORK, COUNTY O1~ SUFFOLK On me /4 day of September, 19~, before personaJly came MARGARET N. SAL~NO to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed the same. Not~ary Public. 7 v ~ornm}ssion Expires ~ ~/.... STATE O1: NEW YORK, COUNTY OF 5s: On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. ; that he is the of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. STATE OE NE~qf yORK, COUNTY O1~ SUI~O~K sst o. the %y ,9 personally c~e JOHN GAUG~ to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. STATE OK 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. MARGARET N. SALADINO and JOHN GAUGHRAN TO GERARD W. GAUGHRAN STANDAK0 FORM OF NEW YOIKK BeAirD OF TITLE UHDEKWRITEKS Dittrib~t#d b~ TITLE GUARANTEE- NEWYORK ATICOR TITLE INSURANCE COMPANY a~aTIO~: 070.00 B,OCK 05.00 LOT 002. 000 COUNTY OR TOWN Suffolk, Southold. TAX B, LLING ADDRESS Recorded At Request of The Title Guarantee Company RETURN BY MAIL TO: r'~ 001,5 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No Z17829 Date MARCH 10, 1989 THIS CERTIFIES that the building. Location of Propert~ 49925 MAIN ROAD House No. County Tax Map No. 1000 Section 70 Subdivision RENOVATION SOUTHOLD Street Hamlet Block 05 Lot 02 Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated FEB. 24~ 1989 pursuant to which Building Permit No. 17892Z dated MARCH 8~ 1989 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is RENOVATION OF THE 2ND FLOOR AS APPLIED FOR. UNDERWRITERS CERTIFICATE NO. PLUMBERS CERTIFICATION DATED The certificate is issued to GERARD W. GAUGHRAN (owner, ~3DDL~) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A N737791 MARCH 3~ 1986 N/A Rev. 1/81 Building Inspector Total area of existing structure, Total area of the lot~ % coverage of the lot currently: 1093Sq. Feet 25,634 Sq, Feet 4.26% Current use : Single family dwelling with existing kitchen/ bath- room on rear and garage to be removed. Total area of proposed structure, Total area of the lot, % coverage proposed, 2280 Sq. Feet 25,634 Sq. Feet 8 Proposed use an attached garage and deck. Size of proposed addition~ Kitchen and bathroom - 21x24 Breezeway - 6'6"x8'0" Garage - 25'0#x28'0" ~eck 16'0"X21'0" Total area of addition - New kitchen/bathroom on the rear of the house with 504 sq. feet 52 sq. feet 672 sq. feet 336 sq.feet 1~6~ s~. feet Area of new kitchen/garage addition-1564 sq, feet Area of existing Kitchen/ ~arage - 469.25 sq. feet Total added area - 1094..7~ sq. feet Southold Tow]~ Board of Appeals Main Road Southold, N.Y. 11971 Gerard W. Gaughran 205 St. Marks Place East Meadow, N.Y. 11555 / 3/89 I hereby give permission to William T. Conway to represent me in an appeal to the zoning regulations for my property at 59925 Main Road in Southold, N.Y., Suff. County tax map # 1000-070-5-2. (~) COUNTY OF SUFFOLK !?~,? ~OUTHOLO Real Properly Tax Service Agency;* ...... :.,ut h C'.,,.T,%,, t~!AP DATA: '~30,0 0 13. k. 0 re, .%OFE' COTAX M/\P DATA: ]000- 0-,'0 - 5 - 2. BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter o~ the Petition of William Conway NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: Virginia Faszczewski PROPERTY OWNER Louis F. Baker & Ors. Sven Johnson & Wf. YOU ARE HEREBY GIVEN NOTICE: 1. Th,,a~t-~J~ intention of the undersigned to petition the Board of Appeals of the Town of $outhold torequest a(~arianc~(Special Exception) (Special Permit) (Other) [circle choice] ). 2. That the property which is the subiect of the Petition is located adiacent to your property and is des- cribed as follows: Gerard W. Gaughran's property at 49925 Main Road, Southold Suffolk County tax map # 1000-070-5-2 3. That the property which is the subject of such Petition is located in the following zoning district: Residential/ R~ricultural 4. That by such Petition, the undersigned will request the following relief: t9 have the 35 foot back yard setback requirement waived for a kitchen/ ~rage addition ~ch would come to 16 feet from the rear property line. $. That the provisions of the $outhold Town Zoning Code applicable to the relief sought by the under- signed are Article III Section 100-31 Bulk and Parking [ ] Section 280-A, New York Town haw 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 $outhold Town Clerk's Office at Main Road Southold, New York and you ma), 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: Petitioner Owners'Names: Gerard W. Gaughran Post Office Address P.O.Box 1902 Southold, N.Y. 11971 Tel. No. ( ) 765-5122 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NAME PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P 077 635 914 STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: '~ ~'~,:~C~ , ~L/~ ~ ~. _ . being duly s , poses aE~d says that on the '/ day of ,//,~'*1~/ ' ,19 ~ , deponent mailed a true copy of the Notice set forth on the re- verse sid~ hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll o,f the Town of Somhold; that said Notices were mailed at the United States Post Of- tg~.C~._aZ-~d'~S~ ~ ~'~ ; that said Notices were mailed to each of said persons by ~) (registered) mail. Sworn to before me this day of ~/~, ~, I~otary Publfc LINDA J. COOPER Notary Public, State of New York No, 4822563, Suffolk CountY~7~ Term Expires December 31, 19 (This side does not have to be completed on form transmitted to adjoining property owners.) 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 ........... ~.~? ........ d ay o/94L ...... ~ ..... 19 Sworn to before me this ........ . .~..~:~..~.. ..... day of Notary Public ',~ ::jF~il :tn!.olNe~ 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-- r GERARD W. GAUGHRAN. Variance to the Zoning Ordi- nance, Article VII, Section 100-72 (Article III, Section 100-31 under the previous zon ing code) for permission to cox struct addition(s) to existin single-family dwelling structu~ with an insufficient rear yar setback from the northerly pro. petty line. Lot area of premise: is nonconforming at 25,634 sq ft. in this R-0 Zone District Location of Property: 4992.~ Main Road, Southold, NY; County Tax Map No. 1000-70~ I 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- perty location: West Side of Aldrich Lane, Laurel; County Tax Map District 1000, Section 125, Block 2, Lot 1.14. 7:40 p.m. AppL No. 3848-- CINDY RUGGLES. Variance to 3'° 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 XXIll, 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 set- back from the rear property line and an insufficient setback from the existing concrete block re- taining wall along Eugene's (East1 Creek. l,ot aroa i~ nnn. ~onforming at approximately 8,200 s . in this R-40 Zone District. v roperty 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 100244, 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 yard. Lot area is nonconforming at approximately 16,800 sq. fi./~ in this R-40 Zone District. Pro- perty location: 3220 Delmar Drive, Laurel, NY; Laurel Coun- try 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 Ordi- nance, Article XXIV, Section 100-244 and Article II1A, Sec- tion 100-30A.3 (Article III, Sec- tion 100-31 as 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 pro- perty line. 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 Tax Map District 1000, 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 IliA, 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 III, Section 100-32 for approval of insufficient lot area of propos- ed Parcels No. I and No. 2. LOt area is nonconforming in this t~ R-80 Zone District at 76,970 sq. ft. Property location: North side of Wells Road, Peconie, NY; County Tax Map District 1000, Section 86, Block 1, Lot 14. 8:10 p.m. Appl. 3843-- ADAM ASSOCIA~IP_S. Vari- ance to the Zoning Ordinance, Article VIII, Section 100-82 for approval of insufficient lot are~ and width of proposed LOt No. 4 (which is located in the LB Zone District) as shown on the subdivision rnnp pending before the Southold Town Planning Board. Property location: North Side of C.R. 48, Mattituck, N~ County Tax Map District 1000, Section 113, Block 12, LOt 10. 8:15 p.m~ AppL No. 3840-- ESTATE OF JENNIE HAR- RIS. Variances to the Zoning Ordinance, Article XIV, Section 100-142 (Article III, Section 100-31 as Disapproved) for ap- proval of insufficient lot area and width of two proposed par- . ceis, each with an existing d~ll- lng, Zone District: Light Indus- trial (LI). Property location: North Side of C.R. 48, Cutch- ngue, N~ County Tax Map trict 1000, Section 96, Block LOt 18.1 (18). 8:20 p.m. Appl. No. 3855-- BARBARA BRUCH. Variance' to the Zoning Ordinance, Arti-~ ~le XXIII, Section 100-239d for' permission to locate new dwell- in~ structure with an insufficient setback from existing concrete seawall along Arshnmomaque Pond. Property location: 80 Beverly Road, Southold, NY; County Tnx Map District 1000, Section 52, Block 2, Lot 39. 8:25 p.m. AppL No. 3856-= JOHN AND MARIAN BOPP. Variance to the Zoning Ordi-,-* nance, Article X~IV, Section 100-244 for permission to con- struct deck addition with an in- sufficient rearyard setback. LOt area is nonconforming at ap- proximately 13,500 sq. ft. in this RO Zone District. Property location: West side of Maple Street, Mattituck, NY; County ~ Map District 1000, Section 140, Block 3, Lot 24. 8:30 p.m. Appl. No. 3862-- HAROLD AND HATTIE ~I'i~TLER. Variance to the Zon- ing Ordinance, Article IliA, Section 100-30A.4 for permis- sion to locate accessory building in an area other than the re- qnired rear yard. Property loca- tion: 670 Wiggins Lane, Green- port, NY; County Tax Map Dis- trict 1000, Section 35, Block 4, 28.7. 8:40 p.m. Appl. No. 3808-- GUNTHER MORCHEL. Variances to the Zoning Ordi- nance, Article X, Section 100-102 for permission to con- stroct addition with an insuffi- cient rearyard setback and lot coverage in excess of maximum limit of 30~e (as disapproved), Artide XXIV, Section 100-2441~ and ,~gle XXIV, ' Section 100-Z4R(A) co~rni~ exten- sion ~ nonconforming side and fronf ~ ~tbae.~ Lot area is nOoc011fotmln$ nt ~ppmxlmm~. Rnsiness (B! Zone District. pro. perry lo~ttion: Corner of the South Side of the Main Pa~d and the East Side of ~ Road, Mattituck, N~ County · ax Map District 1000, Section 143, Block 2, LOt I (or I and 30). 8:45 p.m. Appl. No. 3797-- FISHERS ISLAND UTILITY COMPANY, INC. Conehiston~e~ of written portion of hen~ing, rescind prior ~solution rendex- ed February 9, 1989, and eom, a Vnfiance to the Zonin$ Ordi- nance, Article ,III, Soc~on 100-32 (previously 100-31):for approval of insufficient arenof two .proposed pexcels in this pending division of land. perty location: West side of Crescent Avenue and the North Side of Central Avenue, Fishers Island, NY.' County ~ax'Map District 1000, Section 6, Block 6. LOt 20.4. The Board of Appeais wifi at said time and place hear any and aH persons or re~rerentati~s de-. siring to be heard in eanh of the ~ above mattem Written ments may also be submitted prior m the conclusion of the subject hearing. Each hearing will not start before the 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 SOUTHOLO TOWN BOARD OF APPEALS GERARD p. GOEHRINGER CHAIRMAN By Linda Kowalshi IX, 6/22/89 (1) NOTICE IS HEREBY /'WEN, pursuant to Semion 2~7 ol ?own Southold, the following hearings wil~ b~ held by the souTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, IUNE 29, 1989, at the following times: ~- 7:30 p.m. AppL No. 30,, - ~-' rARD W. GAUGHRAN. Varlanc~ to · Article VII, the Zoning Ordinance, Sectiou 100-72 (Article l/i, Section ¢~de~ for permission to const?.ct v . ~ - - istino single-famay northerly Pr°I~stY line. Lot ama of L~i,e, is ao~ordom~8 at ~,~34 Location of property: 49925 M~ain Road, Southold, NY; County ~ax Map No. 1000-70-5-2. 7:35 p.m. Appl. No. 3850-'- ROBERT GABR~EN *qatianc~ to the Zoning Ordinance, Article HI, Sec- tion 100-32 and Seainn 100-13, as Disapgroved, for peuinssion to con- stmct n~w dwcln~g this subdivision known as Map Richard I. Cron," County Clerk's Map No. 7975, ftiexl 9-30-85, said lot proposed building setback line. prop- erty localinn: West Side of Aldfch Lane, laurel; County Tax Map Dis- uict 1000, Section 125, Block 2, L~ 1.14. 7:40 p.m. AppL No, 3848 - CINDY RUGGLES. yafiance to the Zoning Ordinance, Article XXIY, Se. ctin~ 100-244 (A~icle IliA, Sec- ti~ 100-30A3, as disappeared) with an instilticiem maryard sethacL Let alea is nooCOrdonning at approx- imstely 13,300 sq, ft. in this R-40 ~'~ 1150 NaBomis Road, Southold; Cottmy Tax Map District 1000, Sec- tiou 78, Block 3, Lot 15- 7:45 p.m. Appl. No. 3844 - DR. AND MRS. IRA WECItTERMAN- w~ian,:~ to the Zoning o~_.~.~ce: Article IIIA, Section 100-30A.3 (A~ide ~ Section 100-32 as Disap- prowd on March 9, 1989) for pennis,ion to construct deck additin~ with an insuflicisat s~m~X from the block ~taining ~all (Ea=t) Greek. Lot area i~ noncon- ft. in thi~ R-40 Zone District Pmp- Cutchosue, NY: Cotmty Tax Map District 1000, Section 136, Block 8:00 p.m, AppL No. 3847 - 3oHN R. AND yEAN E EDLER. Variance to the Zoning Ordinance, Article IliA, SectiOn 100-30A.4 for permi~- sion to locate accessory building tn ADAM AssOCIATES- Variance to thc Zoning Ordin~c'~, Articl~ VEl, Section 100-82 lot app~al of insuf- the LB Zone District) ss shown ~n the sulxlivision map l~mding N{a; District 1000, Section 113,. TATE OF IENNI~ HARRIS. Yafi-/ Ill, Section 100-31 as Disapprovexl) snd width o~ two.l~op°s~ District: Light Indusuial (LI). prop- Lot 18.1 (18). msque Pond. property location: 50 Beverly Road, Somhold, NY; Cotm- 8:25 p.m. AI~1. No. 3856 - IoItN AND MARIAN BOPP. Vari~c~ to the Zoning Ordinm~, ~mide XXI% insufficient r~atyard setback. L? mately 13,500 sq. ft in this RO ZOn~ ~e, Article I~I,g~ 32 (previcusly 100-31) for approval of insuflilciem area of two propOseC~ parcels in this pending division land. propuroJ loeation: West Side Cresc~at Avenue and the No~h Side of Central Avenue, Fishers Island; NY; County Tax Map District 1000; Section 6, Btcck 6, LOt 20.4. The Board of Appeals wtil at said t~ne and place hear any ~nd aB per- BY ORDER OF THE GERARD P- GOEHRINGER CH~ Prinelpal Clerk Section 267 el ~own lOJ Ol. ll~lO STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Yvonne Li ebl e~ ri of Mattltuck, In said Courtly, being duly sworn, says that he/she Is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck, In the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed Is a printed copy, has been regularly published In said Newspaper once each week for 1 weeks successively, commencing on the 2?, day of ,T. n,~ 19 8q Principal Clerk Lot ~ b n~~g at ~x- ~78,B~3,~ 15. A~icle ~A, s~ion 1~-30A.3 proved on March 9~ 1989) for c~ loc~tio~: 630-Oak Stt~t~' ~ 1~, ~ I~C B~ 1, Sworn to before me this ,~'~ da, o, ~ ~,~ 0~). 8:20 ~ A~ N~ 3855 - B~- BARA BRUCH. ~ari~ce to ~g Or~ce~ Afficle XXffi, S~i~ lffi'~9~ f~ ~ai~ B~Y ~ ~' ~ *' U Tax ~ D~t~ct ~, 52, BI~ ~ ~ 39. ~ ~ A~ No. 3~6 - IO~ m~ 13,~ ~- ~ m~RO~ Ill '7