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APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DIN[ZIO, JR. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765 1809 ACTION OF THE BOARD OF APPEALS Appl. NO. 3891 Matter of ELIZABETH JOHNSTON. Variance to the Zoning Ordinance, Article III, Section 100-32.4 (A), for permission to construct a lap pool, accessory pools not permitted in frontyard area. Property Location: Row off Oregon Road, Cutchogue, County Tax Map No. 1000, Section 073, Block 02, Lot 01. WHEREAS, a public hearing was held and concluded on December 19, 1989 in the matter of the Application of ELIZABETH JOHNSTON under Appeal No. 3891; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and 1. The premises in question is located along the north side of Oregon Road, Cutchogue, County Tax Map No. 1000, Section 073, Block 02, Lot 01. 2. This is an application for Variances from the Zoning Code Article III, Section 100-32.4 (A), for permission to construct a lap pool, proposed construction not permitted in frontyard area. Page 2 - Appl. No. 3891 ~atter of ELIZABETH JOHNSTON Decision rendered January 9, 1990 3. Article III, Section 100-31.4 (A), Garden house, toolhouse, storage building, playhouse, wading pool, swimming pool or tennis court incidental to the residential use of the premises and not operated for gain, subject to the following requirements: (a) Any swimming pool shall be completely enclosed with a permanent chain link (or similar type) fence of not more than two-inch mesh, not less than four (4) feet in height, erected, maintained and provided with a self-closing, self-latching gate to prevent unauthorized use of the pool and to prevent accidents, however, if said pool is located more than (4) feet above the ground, then a fence is not required, provided that all points of access to said pool are adequately protected by a self-closing, self-latching gate. Any swimming pool in existence at the effective date of the provisions of this subsection shall, within one (1) year from such date, comply with all of the provisions hereof. 4. In considering this application, the board finds and determines: (a) that the circumstances uniquely related to the premises nonconformities; of this application are and its established (b) that there is no other method for appellants to pursue; and placing the proposed lap pool in any other location on the permises will require other variance relief; (c) that the area chosen for the lap pool is not unreasonably located; (d) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (e) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance, as applied conditionally noted below. Accordingly, on motion by Mr. Goehringer, Seconded by Mr. Dinizio, it was Psge 3 - Appl. No. 3891 ~atter of ELIZABETH JOHNSTON ecision rendered January 9, 1990 RESOLVED, to GRANT a Variance in the matter of the application of ELIZABETH JOHNSTON as applied under Appeal No. 3891, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the lap pool be 12 ft. by 45 ft. and remain unroofed. 2. That the lap pool be 27+- ft. from the south property line and 10+- ft. from the east property line. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Dinizio. (Absent Joseph Sawicki). This resolution was duly adopted. df GERARD P. GOEHRINGER, CHAIRM3~N RECEIVED AND FILED BY THE SOUTi~CLD TOWI~ CLF~qK APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SA~/ICKI JAMES DINIZIO, 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 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 TUESDAY, DECEMBER 19, 1989, at the following times: 7:30 p.m. Appl. No. 3870 - MATTHEW CUSUMANO. Variance to the Zoning Ordinance, Article XXIII, Section 100-239d, (Article IIIA, Section 100-30 A.3) as disapproved, for permission to construct a deck and other additions, proposed construction will be less than 75 ft. from water or wetlands and will have insufficient front and rear yard setbacks. Property Location: 435 Briarwood Lane, Cutchog~e, County Tax Map No. 1000, Section 136, Block 01, Lot 01. Page I - Notice of Hearings Southold Town Board of Appeals Regular Meeting of December 19, 1989 7:35 p.m. Appl. No. 3868 - NICHOLAS NICKOLAUS. Variance to the Zoning Ordinance, Article XXIII, Section 100-239d A, as disapproved, for permission to construct addition to existing one family dwelling and accessory building, proposed construction is less than 100 ft. from bluff of'Sound in this R-80 Zone District. Property Location: 17555 $oundview Avenue, Southold, County Tax Map No. 1000, Section 51, Block 1, Lot 2. 7:40 p.m. Appl. No. 3881 - WARREN AUGENTHALER. Variance the Zoning Ordinance, Article III, Section 100-33, for permission to construct accessory building in frontyard area. Property Location: 7225 Nassau Point Road, Cutchogue, County Tax Map No. 1000, Section 111, Block 15, Lot 12. to 7:45 p.m. Appl. No. 3893 - MICHAEL AND CLAIRE GLEW. Variance to the Zoning Ordinance, 280-A Approval of Access Right-of-Way, (Article XXVIII, Section 100-281 B, construct a one family dwelling). Proper.ty Location: 61339 Main Road, $outhold, County Tax Map No. 3000, Section 56, Block 1, Lot 41. Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of December 19, 1989 7:50 p.m. Appl. No. 3873 -- VINKO NALETILIC. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, for permission to construct a deck addition, construction exceeds p~rmitted lot coverage of this R-40 Zone District. Property Lucation: 780 Orchard Street and 1300-2nd Street, New Suffolk, County Tax Map No. 1000, Section 117, Block 7, Lot 22. 7:55 p.m. Appl. No. 3879 - CHARLES MALONE. Variance to the Zoning Ordinance, Article XXIII, Section 100-230C (1), 100-231 A., for permission to construct a 6 ft. fence in frontyard area, fence exceeds 4 ft. in height. Property Location: 358 North Sea Drive, $outhold, County Tax Map No. 1000, Section 54, Block 5, Lot 19. 8:00 p.m. Appl. No. 3886 - ROBERT STAPLES. Variance to the zoning Ordinance, Article XXIII, Section 100-239d (C), for permission to construct a new dwelling adjacent to freshwater wetlands in this R-40 Zone district, proposed dwelling will be closer than 75 ft. from freshwater wetland. Property Location: 785 Wilmarth Avenue, Greenpo~t, County Tax Map No. 1000, Section 41, Block 1, Lot 7. Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of December 19, 1989 8:05 p.m. Appl. No. 3894 - JOSEPH AND LAWRENCE PEARLSTEIN. Variance to the Zoning Ordinance, Article XXIV, Section 100-2448, for permission to construct deck addition with insufficient front yard setback. Property Location 2225 North Sea Drive, Southold, County Tax map No. 1000, S~ction 54, Block 04, Lot 23. 8:10 p.m. Appl. No. 3892 - ANTHONY BOLLETINO. Variance to the Zoning Ordinance, Article III, Section 100-33, for permission to construct an accessory shed and gazebo in front yard area. Property Location: 16705 Main Road, Route 25, East Marion, County Tax Map No. 1000, Section 23, Block 1, Lot 14.6. 8:15 p.m. Appl. No. 3888 - ERNEST TARMIN. Variance to the Zoning Ordinance, Article III, Section 100-33, for permission to construct Accessories; pool, tennis court and shed in front yard area. Property Location: 29823 Row off Main Road, Orient, % County Tax Map No. 1000, Section 14, Block 2, Lot 1.10. Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of December 19, 1989 8:20 p.m. Appl. No. to the Zoning Ordinance, permission to construct 3887 --~MARK AND ELLIE GORDON. Variance Article III, Section 100-33, for a tennis court in frontyard area. Property Location: 1019 Private Road #7 Fords Road, Southold, County Tax Map No. 1000, Section 87, Block 1, Lot 18.4. ~'~8:25 p.m. Appl. No. 3891- ELIZABETH JOHNSTON. Varianc~~e the Zoning Ordinance, Article III, Section 100-32.4 (A), for permission to construct a lap pool, accessory pools not permitted in frontyard area. Property Location: Row off Oregon Road, Cutchogue, County Tax Map No. 1000, Section 073, Block~ Lot 01. 8:30 p.m. Appl. No. 3884 - DICKINSON/THOMPSON. Variance to the Zoning Ordinance, Article I, Section 106-20, (Article III, Section 100-32), for approval of insufficient area in this pending division of land and Bulk and Parking regulations. % Property Location: Main Baywiew Road, Southold, County Tax Map No. 1000, Section 078, Block ~9, Lot 30. Page 6 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of December 19, 1989 8:35 p.m. Appl. No. 3889 -' TIMOTHY AND GEORGE WELLS. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, Bulk and Parking Regulations, (Article I, Section 106-20), for approval of insufficient area in this pending division of land.' Property Location: South Harbor Road, Southold, County Tax Map No. 1000, Section 075, Block 07, Lot 1.~, 1.4, 1.5. 8:40 p.m. Appl. No. 3890 - WALTER GLASSER. Special Exception to the Zoning Ordinance, Article IX, Section 100-91, for permission for change of use from Place of Worship to Office/Apartment. Property Location: 475 Beckwith Avenue, Southold, County Tax Map No. 1000, Section 061, Block 1, Lot 25. 8:45 p.m. Appl. No. 3882 - BIDWELL WINERIES. Special Exception to the Zoning Ordinance, Article III, Section 100-30, for approval of consumer tasting and retail sales from the Winery. Property Location: Route 48, Cutchogue, County Tax Map No. 1000, Section 96, Block 4, Lot 4.3. ~age 7 - Notice of Hearings So~thold Town Board of Appeals Regular Meeting of December 19, 1989 8:50 p.m. Appl. No. 3896 --JERRY GAMBONE AND KES ZAPKUS. Special Exception to the Zoning Ordinance, Article IX, Section 100-91, for permission to have Office/Retail business on first floor and residential rental apartment on second floor. Property Location: 55415 Main Road Southold, County Tax Map No. 1000, Section 62, Block t, Lot 12. 8:55 p.m. Appl. No. 3872 - COMPASS TRANSPORTS. Resolution to conclude hearing in its entirety. 9:00 p.m. Appl. No. 3770 - PORT OF EGYPT. Proposed motion of the Board to re-open said hearing closed on November 8, 1989. 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 time allotted. Additional time for your presentation will be available, if needed. For more information, Please call 765-1809. Dated December 4, 1989. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE that your application dated .. (.~-.~..~...?~. ........ 19 .~..~.. for permit to ~..... ..... .. ~ . ~..c%. ~. .. ~...O~.. .... ............................. at Location of Property ......................................... House/~o. Street ..... Hamlet County Tax Map No. 1000 Section ...~..~..~ ..... Block ....~...3.: ..... Lot ~ [ Subdivision ................. Filed Map No. r ............... Lot No...~ ............ Is returned ,herewith and disapproved on the following grounds.. ~ ~ .-.~..~.~./.q?.~.& I ~3 ......... ~..~: ............... ., ............ : .... Building Inspector RV 1/80 ~.~~ APPEAL FROM DECISION OF BUILDJ~IN~PE'~R Southold Town Glerll TO THE ZONING BOARD O~ APPEA~S~ TOWN OE SOUTHO~D, N. ¥. 1, (We)~.~l.~.[.C.'!..~...J:~.¢..q..~.C.(.L~..~.:...~.~....K).~.:....of ~O~.. Z~Z ' ...... Name of Appellon't ............... ~"~r"~'~'~l"~'~l~ .......................... ................................... 'Municipality ...... ~' EREBY APPEAL TO APPEAl NO. ~ ~'~/r THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ............ ~"~"~'~'I'V'J['J} .......... WHEREBY THE BUILDING INSPECTOR DENIED TO ~h~,eh,4k....m~k.O.~,.b,..n.' ............................... NOV 9 1989 Nome of Applicant for permit S~utheJd Town ~erk o, ................. "~treet and Numbe~ Munici~li~ State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1, LOCATION OF THE PROPERTY ~{~.~.~]'...~.~ ~ ~{&0~U&Z ~ i1~5 ' ~',.;T'/,/~1'~'['7"' 0,~ DJstrict 1000 Section Block~Lot ~ . .................................................................................. ~....., ~.~,b~ ~0~.~, ~5 OI 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 IO0-~1'" 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) <)) A VARIANCE to the Zoning Ordinance or Zoning Map A VARIANCE due to lack of access (State of New York Town Low Chop. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (hasJ?~as not)J,l,l,l~en of the Building Inspector or with respect to this proper~T-y~. Such appeal was ( ) request for a special permit ( ) request for a variance made with respect to this decision and was mode in Appeal No ................................. Dated ...................................................................... ( ) is requested for the reason that REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zonihg Ordinance ~¢~ IO©~l--C/('4 ~'orrn ~1 (Continue on other side) REASON f:OR APPEAL Continued I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 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 ~b ~)L~S(~ \0CfLJI-IOQ ~ 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE STATE OF NEW YORK } COUNTY OF ) Sworntothis ............... ..~...~..c. ..................... doy MARY ANN CYBULSKI NOTARY PU§LiE 5iai( of New York Residing. ~utlot~ ~ounty No 52 ~89~90~ i_/?~_ ?.',~. ~.,' TOWH OF SOUTHOLD J~OPERTY RECORD CARD OWNER sTRE~I' ' ': VILLAG£ LOT FORMER OWNER RES.,~D SEAS. VL. FARM LAND IMP. TOTAL DATE REMARKS T~llable :- 2 Tillable, 3 W¢odland NORMAL Acre Swampland Brushland House Plot Total DISTRICT SUB. ACREAGE .~,//_/ TYPE OF BUILDING ,/L~ 't,/ (I ~ MISC. (/' CO T .O · ..5 9.~ ~ . : ,,, BEL°~ ~-/, Value Per Acre ~BOVE Value 70,0 /,. M. Bldg. Extension Extension Extension Bre~Zewa Garage Oo Bo Foundation Ext. Walls nterior Finish /17 , Fire Place Patio Driveway Porch Porch Heat Attic Rooms 1st Floor Rooms 2nd Floor DEPARTMENT OF PLANNING COUNTY' OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE 360-5206 ARTHUR H, KUNZ DIRECTOR OF PLANNING March 1, 1990 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Elizabeth Johnston 3891 Very truly yours, Arthur H. Kunz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner VETERANS MEMORIAL HIGHWAY HAUPPAUGE, L.t., NEW YORK $ 1788 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 February 22, 1990 Elizabeth Johnston P.O. Box 1098 Cutchogue, NY 11935 Re: Appl. No. 3891 - Elizabeth Johnston (Variance). Dear Ms. Johnston: 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 Doreen Ferwerda Enclosure Copy of Decision to: Building Inspectors' County Planning Pools by Hans Inc. Briarcliff Landscape Office JUDITH T. TERRY To: OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Southold Town Zoning Board of Appeals Town Hall, 53095 Main Road P.O. Box I 179 Southold, New York 11971 TELEPHONE (516) 765-1801 From: Judith T. Terry, Southold Town Clerk Dated: November 9, 1989 Transmitted herewith is Zoning Appeal NO. 3891 , application of Johnston. Elizabeth bv Briarcliff Landscape, Inc. for a variance. Also included is: Notification to Adjacent Property Owners; Short Environmental Assessment Form; letter relative to NYS Tidal Wetlands Land Use; Noticeof Disapproval from the Building Department; survey of property; and any other attachments relative to this application. Judith T. Terry Southold Town Clerk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE BOARD: MR. coming in. Aye. GOEHRINGER: Thank you very much for The next appeal is on behalf of appeal number ~. The legal Notice reads as follows: "Variance to the Zoning Ordinance, Article III, Section 100-32.4 (A), for permission to construct a lap pool, accessory pools not permitted in front yard area. Property location is right- of-way off of Oregon Road, Cutchogue. County Tax Map No. 1000-073-02-01." A copy of a survey, the most recent date frcm Roderick VanTuyl, P. C., is November 7, 1956. which I believe the right-of-way was the nature of a prior application before this Board. it is shown on this survey as a penned in area of a regularly shaped swimming pool approximately 12 by 45 in the front yard area. Is there anybody here to represent the applicant? MR. CHICANOWITZ: Mr. Chicanowitz from Briarcliff Landscape. What we're trying to create there-is basically a very naturalistic lap pool for them in front of the yard which is a very small piece of property, and we're trying to RAM Court Reporting Service 216 Court St.,Riverhead, N.Y., ($16) 727.3168 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 34 situate it as close -- since there's no backyard by the Sound, we're putting it in the front yard which is in their approach area. And we've narrowed the piece of property only because she really wants to be a lap pool swimmer and basically keep it very naturalistic. And there is natural buffer there now, from hedges and other material, what have you, and basically want to try to keep it that way during the construction and after the construction. MR. GOEHRINGER: Frank, when I was up there I was alone so I did not have someone, and the ground was frozen, up a tape for me. and you don't have so I didn't have anybody to hold But can you give me some idea, to do it tonight, you could send it to us or give us a call, of the distance from the east property line and the distance from the right-of-way. MR. CHICANOWITZ: east property line is about east property line. It's 27 The distance from the 10 feet off of the feet off of the south property line. We're trying to give ourselves enough area. There are cesspools in there which we're trying to avoid as well, so we're RAM Court Reporting Service 216 Court St.,Riverhead, N.Y., (516) 727-3168 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 trying to keep digging up the it to the cesspools. south side without There is a propane 35 tank that's got to be dug up and removed and moved over in order to put this thing in there. And it's the only possible area within the property line to do it. And that's why we're trying to sneak it in there. MR. GOEHRINGER: Thank you very much for coming in. I appreciate it. Is there anybody else who would like to speak in behalf of this application? Is there anybody that would like to speak against the application? Questions from Board Members? Hearing no further questions, I make a motion closing the Hearing and reserving decision until later. MR. SAWICKI: Second. MR. GOEHRINGER: All in favor? THE BOARD: Aye. MR. GOEHRINGER: The next appeal is on behalf of Dickinson and Thompson. The legal Notice reads as follows: · "Upon application the applicants, 3884, Article I, Section 106-20, for approval of insufficient area in this pending division of land RAM Court Reporting Service 216 Court St.,Riverhead, N.Y., (516] 727-3168 Southold Town Board o£ Appeals MAIN ROAD ' STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, :.1., N.Y. 11971 TELEPHONE (516) 765"1809 FAX NO. (516} 765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRtNGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH R. SAWiCKI JAMES DINIZIO, JR. December 19, 1989 TYPE II ACTION DECLARATION Appeal No. 389] Project/Applicants: County Tax Map No. Location of Project: Elizabeth Johnston lO00- 73-2-1 ROW off Oregon Rd., Cutcho'gue, NY Relief Requested/Jurisdiction Before This Board in this Project: Permission to construct lap pool in front yard area 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 944-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant. adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board's area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type .II Actions. Pursuant to Section 617.2jj, this Department is excluded as an involved agency. This determination shall not, however, affect any other agency's interest as an involved agency under SEQRA 617.2jj. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. mc Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGON[S, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKt JAMES DINIZIO, JR. 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: XX Variance from the Zoning Code, Article III, Section 100-32.4(A) Variance from Determination of South~ld Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.:3891 Applicant: Elizabeth Johhston Location of Affected L~d: ROW off Oregon Rd., County Tax Map Item No.: 1000-73-2-1 Within 500 feet of: Town or Village Boundary Line XX 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 Cutchogue, NY Thruway State or Federally Owned Land State or Federal Park or 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 a lap pool in in the frontyard area. Copies of Town file and related documen[s er~closed for your' review. Dated: Feb. 27, 1990 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 TUESDAY, DECEMBER 19, 1989, at the following times: 7:30 p.m. Appl. No. 3870-- MATTHEW CUSUMANO. Variance to the Zoning Ordi- nance, Article XXIII, Section 100-239d, (Article IIIA, Section 100-30 A.3) as disapproved, for permission to construct a deck and other additions, proposed construction will be less than 75 ft. from water or wetlands and will have insufficient front and rear ~ard setbacks. Property Location: 435 Briarwood Lane, Cutchogue, County Tax Map No. 1000, Section 136, Block 01, Lot 01. 7:35 p.m. Appl. No. 3868-- NICHOLAS NICKOLAUS. Variance to the Zoning Ordi- nance, Article XXIII, Section 100-239d A, as disapproved, for permission to construct addition to existing one family dwelling and accessory building, propos- ed construction is less than 100 ft. from bluff Of Sound in this R-80 Zone District. Property Location: 17555 Soundview Avenue, Southold, County Tax Map No. 1000, Section 51, Block 1, Lot 2. 7:40 p.m. Appl. No. 3881- WARREN AUGENTHALER. Variance to the Zoning Ordi-' nance, Article Ill, Section 100-33, for permission to con- struct accessory building in.~ro frontyard area. Property Loca- tion: 7225 Nassau Point Road, Cutchogue, County Tax Map No. 1000, Section 111, Block 15, Lot 12. 7:45 p.m. Appl. No. 3893-- MICHAEL AND CLAIRE GLEW. Variance to the Zoning Ordinance, 280-A Approval of Access Right-of-Way, (Article XXVIII, Section 100-281 B, construct a one family dwell- ing). Property Location: 61339 Main Road, Southold, County Tax Map No. 1000, Section 56, Block 1, Lot 41. 7:5~lgm. Appl. No. 3873-- VINI~I~ALETILIC. Variance to the Zoning Ordinance, Arti- cle III A, Section 100-30 A.3, for permission to construct a deck. addition, construction exceeds permitted lot coverage of this R-40 Zone District. Property Location: 780 Orchard Street and 1300-2nd Street, New Suf~ folk, County Tax Map No. 1000, Section 117, Block 7, Lot 22. 7:55 p.m. Appl. No. 3879-- CHARLES MALONE. Variance to the Zoning Ordi- nance, Article XXIII, Section 100-230C (1), 100-231 A., for permission to construct a 6 ft. fence in frontyard area, fence ex~ ceeds 4 ft. in height. Property Location: 358 North Sea Drive, Southold, County Tax Map No. 1000, Section 54, Block 5, Lot 19. 8:00 p.m. Appl. No. 3886-- ROBERT STAPLES. Variance to the Zoning Ordinance, Arti- cle XXIII, Section 100-239d (C), for permission to construct a new dwelling adjacent to fresh- water wetlands in this R-40 Zone district, proposed dwelling will be closer than 75 ft. from fresh- water wetland. Property Loca-9 tion: 785 Wilmarth Avenue, Greenport, County ~x Map No. 1000, Section 41, Block 1, LOt 7. 8:05 p.m. Appl. No. 3894-- JOSEPH AND LAWRENCE PEARLSTEIN. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B, for permission to construct deck addition with insufficient front yard setback. Property Location 2225 North Sea Drive, Southold, County Tax Map No. 1000, Sec- tion 54, Block 04. LOt 23. 8:10 p.m. Appl. No. 3892-- ANTHONY BOLLETINO. Variance to the Zoning Ordi- nance, Article III, Section 100-33, for permission to con- struct an accessory shed and gazebo in front yard area. Pro- perty Location: 16705 Main Road, Route 25, East Marion, County ~Pa,x Map No. 1000, Sec- tion 23, Block 1, Lot 14.6. 8:15 p.m. Appl. No. 3888-- ERNEST TARMIN. Variance to the Zoning Ordinance, Article Ill, Section 100-33, for permis- sion to construct Accessories; pool, tennis court and shed in front yard area. Property Loca- tion: 29823 Row off Main Road, Orient, County Tax Map No. 1000, Section 14, Block 2, Lot 1.10. 8:20 p.m. Appl.~ No. 3887-- MARK AND ELLIE GOR~ DON. Variance to the Zoning Ordinance, Article III, Section 100-33, for permission to con- struct a tennis court in frontyard area. Property Location: 1019 Private Road ~7 Fords Road, Southold, County 'Ihx Map No. 1000, Section 87, Block 1, Lot 18.4. ~8:25 p.m. AppL No. 3891--"~ ELIZABETH JOHNSTON.~ ,-~ Variance to the Zoning Ordi- nance, Article Ill, Section 100-32.4 (A), for permission to construct a lap pool, accessory pools not permitted in frontyard area. Property Location: Row off Oregon Road, Cutchogue, County Tax Map No. I000, Sec- tion 073, Block 02, Lot 01. 8:30 p.m. Appl. No. 3884-- DICKINSON/THOMPSON. Variance to the Zoning Ordi- nance, Article 1, Section 106-20, (Article 111, Section 100-32), for approval of insufficient area in this pending division of land and Bulk and Parking regula- tions. Property Location: Main Bayview Road, Southold, Coun- ty Tax Map No. 1000, Section 078, Block 09, Lot 30. 8:35 p.m. Appl. No. 3889-- TIMOTHY AND GEORGE WELLS. Variance to the Zoning Ordinance, Article Ill A, Sec- tion 100-30 A.3, Bulk and Park- ing Regulations, (Article 1, Sec- tion 106-20), for approval of in- sufficient area in this pending division of land. Property Loca- tion: South Harbor Road, Southold, County Tax Map No. 1000, Section 075, Block 07, Lot 1.3, 1.4, 1.5. 8:40 p.m. Appl. No. 3890--. WALTER GLASSER. Special' Exception to the Zoning Ordi- nance, Article IX, Section' 100-91, for permission for change of use from Place of Worship to Office/Apartment. Property Location: 475 Beck- with Avenue, Southold, Coun- ty Tax Map No. 1000, Section 061, Block 1, Lot 25. 8:45 p.m. AppL No. 3882~ BIDWELL WINERIES. Special Exception to the Zoning Ordi~ nance, Article Ill, Section 100-30, for approval of con-~ sumer tasting and retail sales from the Winery. Property Location: Route 48, Cutchogue, County Tax Map No. 1000, Sec- tion 96, Block 4, LOt 4.3. 8:50 p.m. AppL No. 3896-- JERRY GAMBONE AND KES ZAPKUS. Special Exception to the Zoning ordinance, Article IX, Section 100-91, for permis- sion to have Office/Retail business on first floor and resi- dential rental apartment on sec- ond Boor. Property Location: 55415 Main Road, Southold, County 'I~ Map No. 1000, Sec- tion 62, Block 1, Lot 12. 8:55 p.m. AppL No. 3872-- COMPASS TRANSPORTS. Resolution to conclude hearing in its entirety. 8:55 p.m. Appl. No. 3770-- PORT OF EGYPT. Proposed motion of the Board to re-open said hearing closed on Novem- ber 8, 1989. The Board of Appeals will at said thne and place hear any and all persons or representatives de- siring to be heard in each of the above matters. Written com- ments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before time allot- ted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated December 4, 1989. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Dorcen Ferwerda IX, 12/7/89 (10) NOTICE OV HEARINGS NOTICE IS HEREBY GIVEN, pursuit to Sectiou 267 of the Town Law and the Code of the Town of SOmsold, the following heatings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at · Regular Me~ng, at ~e Soul, Id Town Hall, Main R~ad, So~thold. NY TUESDAY, DECEMBER 19, 1989, st the fdlowin$ limes: */:30 p.m. Appl. No. 3870 -- MATrHEW CUSUMANO. Vafian~ to the Zoning Ordinance, Article XXHI. Section 100-239d, (Article ILIA. Section 100-30 A.3) ns disap- deck and other additions, proposed ~sL, uction ~ be less than 75 ft. from water or wetlands and will hav~ insuffi~iemmt front and mar y&rd set- becks. Property Location: 435 Briar- w~xl Lane, Cutchogue. C~unty Tax Map No. 1000, Section 136. Block 01. Let 01. 7'35 p.m. AppL No. 3868 -- NI- CHOLAS NICKOLAUS. Variance to the Zoning Ordnance, Article XXlll, Section 100-239d A, as disa~m.~,,ved, foe permission to ~sUuct addition to eaistin8 one family dwelling and stmction is less than 100 ft. from bluff of Sound in this R-80 Zone District. Property Location: 17555 Soundview Avenue, Southold, County Tax Map No. 1000, Section 51, Bloch I, Let 2` 7:40 p.m. Appl. No. 388I -- WARREN AUGENTHALER. Vari- ance to th~ Zoning Ordinance, A,ide Ill, Section 100-33, foe pen'fission to construct acceaso~ building in float- 7:45 p.m. Appl. No. 3893 -- MInitEL A~ND CLAIRE GLEW. V~ to the Zoning Ordinance, 280~{[VApproval of Access Right -of. Way. (A~cle XXVIll, Section 100- 281 B, construct a one family dwelling). Property Location: 61339 Main Road, Southold, County Tax Map No. 1000, Section 56, Block 1, Lot 41. 7:50 p.m. AppL No. 3873 -- VINKO NA LETILIG Variance to Z~ning Ordinance, A,icin ITl A, Sec- sion 100-30 A.3, for penuission to construct a deck addition, construction exceeds pemmitted lot coverage of this RA0 Zone District. ps~uerty Location: 780 O~hard Suect and 1300-2nd Street, New Suffolk, C~.mty Tax Map No. 1000, Section 117, Block 7. Lot 22. 7:55 p.m. AppL No. 38*/9 gazebo in front yard area. Property Location: 16705 M.~l~; oad, Route No. 1000, Section ~J~l~Iock 1, Lot 25, East Marion, C Tax Map 14.6. 8:15 p.m. AppL No. 3888 -- EILNEST TARMI~4. Variance to the Zoning Ordinance. Article III, Section 100-33. for permission to Propet~y Lecation: 29823 Row off Main Road, Orient, County Tax Map No, 1000, Seoion 14, Block 2, Lot LI0. 8:20 p,m. Appl. No. 3887 -- MARK AND ELLIE GORDON. Variance to the Zoning Ordinance, Article I~, Section 100-33, for per- frontyard area. Property Location: 1019 Private Road #7 Fords Road, CHARLES MALONE. Variance to Southold, County Tax Map No. the Zoning Ordinance, Article XXIII, 1000, Section 87, Block I, Lot 18.¢. Section 10~-230C (1), 100-231 A., /"'~8:25 p.m. Appl. No. 3891 f~r permission to construct a 6 ft. / Pt ITABETH JOHNSTON. Vanance fence in f~mtyard axea, fen~ ezceeds I to the Zoning O~dinance, A~icle IH, 4 ft. in height. Property Location: I-x Section 100--32.4 (A), for permission ] 358 North Sea Drive, Southold, / to construct a la- ,,ool accessn,v / ConntyT. MapNo. ,000. S on / 54, Block 5, L~x 19. ~ Prope,ty Location: Row off 8:00 p.m. AppL No. 3886 -- ] Re~d, Cutchogue, Co~mty Tax map ROBERT STAPLES Vafiance to the [ No. 1000, Section 073, Block 02, z.3g Ordi..ce. X.X I.. k 01. ") Section 100-239d(C),forpertmss~on %'-8:30 p.m. AppL No. 3884 ~ to ce~struct a new dwelling ·djace~t DICKInSON/THOMPSON. to freshwater wedand$ in this R-40 Z~me District. preposed dwelling will be closer than 75 ft. from freshwater wetland. Property Location: 785. Wilmarth Avenue, Greenport, County Tax Map No.~ 1000, Section 41, Block 1, Lot 7. 8:05 p.m. Appl. No. 3894 -- JOSEPH AND LAWRENCE lng Orthnmce, Article XXIV, Section 100-244B, for permission to con- st:uct deck addition with insufficient' front yard ~ethack. P~ue~W Location' 2225 North Sea Drive, Southold/ County Tax Map No. 1000, Section .~ 54, Block 04, Lo~ 23. 8:10 p.m. Appl. No. 3892 -- Variance to the Zoning Ordinance, A~cle I, Section 106-20, (Article Section 100-32). for approval of insufficient area in this pending division uf la~d and Bulk and Parking regulations. Property Location: Main Bayvicw Road, Soothold, County Tax Map No. 1000, Section 078, Block 09, Lot 30. 8:35 p.m. Appl. No. 3889 --TI- MOTHY AND GEORGE WELLS. Variance to the Zoning Ordinance, A~icin HI A, Section 100-30 Bulk and Parking Regulations, (AMcle I, Section 106-20). for ap- provel of insufficient area in this' pending division of land. Property 8:40 p.m. Appl. No. 3890 -- WALTER GLASSER. Special Ex- ception to the Zo~ng (h'dinance, Ar- tide IX, Section 100-91. for permis- sion for change of u~ fmrn Place of Woethip to Offie~/Apem'nent. prop- eny L~afion: 475 l]eckwith Avmue, Seuthold, Co,my Tax Map No. 1000, Secti~ 061, Black 1, Lot 25. 8:45 p.m. At~uL No. 3882 -- BIDWELL WINERIES. Sp~-ial Ex- cel~im to the Z,~,~n8 Ordinance, Ar- ticle ~t, Se~6on 100-30, for approval of cemumer teshng and retail sa]es from the Winery. Pmpe~y Location: Route 48, Ctw~mogue, County Tax Map No. 1000, Set,on 96, Block 4, Lot 4.3. 8:50 p.m. A~I. No. 38~ -- ~ERRY GAMBONE AND KES ZAPKUS. Spe~el Exception to the Zoning O~dinam~, A~icin IX, Sec- tion 100-91, {o~ permission to have Office4Reteil be~ness on fir~t floor and l~$identiel ~n~l apeflment on s~cond floor. Property Location: 55415 Main Roed, Soolhold, Coont Tax Map No~ 1000, Section 62, Block I, Lot 12. 8:55 p.m. AppL No. 3872 -- COMPASS TRANSPORTS. Reso- intion to ce~lude heating in it~ 8:55 p.m. AppL No. 3770 -- PORT OF EGYPT. Proposed motion of the Board to m-open said hearing closed on Nov~nl~r 8, 1989. The Board of Appeels wiU at said time and place hear any and al{ per- sons or ru!um~'.sentetives demiring to be heard in ~ of the above mare·. Wfit~ ~m~nts may also be sub- mil~.d pride to the conclusion of the subject bead·8. Each headng will not start before thne allotted. Additional time fe~ y~r pruse~tefion will b~ avails~e, if needed. For m~'~ iuforma6ou, piea~e call 765-180~. · Dated Decend~ 4, 1989. BY ORDER OFTHE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. OOEHHINGER yard a~a. Property Location: 7225 ANTHONY BOLLETI~O. Variance Location: South Harbor Road, CHAIRMAN Nassau Point ~Road. Cutchogue totheZorfingOedinance, A~cleHi, Southold, County Tax Map No. ~ ~ -'FFe~,/eufa Ceunty Tax M:[p No. I0~0, Section Sectioh 100-33~ i~6r permission i0 ~ ' '1000, Section 075, Block 07~ Ldt ' ' ' ~ ..... ~y~oo~ee~n 15 lZ onst ct an . ce,o .bed and ,.3. ,.5. : / Patricia Heaney of Mattituck, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weeldy Mewspaper, published at Mattituck, in the Town of Southeld, County of Suffolk and State of Mew York, and that the Metice of which the annexed is a printed copy~ has been regularly published in said Newspaper once each week for ]. weeks successively, commencing on the 7~h day of December 19~9 Southold Town Board of Appeals MAIN ROAD ' STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L..I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX NO. (516) 765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$, JR. SERGE DOYEN, .IR. JOSEPH H. SAWlCKI .JAMES DINIZ[0, .JR. TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the times allotted in the attached Legal Notice. Please feel free t~ call our office prior to the hearing date if you have questions or wish to update your file. Yours very truly, dff GERARD p. GOEHRINGER CHAIRMAN Appendix C Slate Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONs Only PART I~PROJECT INFORMATION (To be completed by Applicant or Project sponsor) ~ No If NO, ~escr~be briefly SEQR WHAT IS PRESENT LAt~D USE IN VICINITY OF PROJECT? [~ Residential [] Inoustrial ?~r-~ Commerc,al ~AgrJeullure [] Park/Forest/Open space [] OIhef $0. DCES ACTIO~ INVOLVE A PERMIT APPROVAL, OR FUNDING. NOW OR ULTiMATELy FROM ANY OTHER GOVERNMENfAL AGENCY (FEDERAL. STATE OR LOCAL)? It yes, iisi agency(si an~ permillapptOVals 11. OOES ANY ASPECT CF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ~-~the action is in the Coastal Area. and "gu a ..... y ,~ a slate agency, complele h~_~ ~~.~stal ASsessment Forum betore proceeding wilh this._.__._...__....~assessmen! OVER I (Continued on reverse side) The N.y.S' Enviro~men . of this form, and tal Quality ReviA_ - 7. 8. Will project result in a major adverse effect on~Yes air quality? Will project have a major effect on visual char-- Yes actor of the community or scenic views or vistas known to be important to the community? . . Yes _~No 9. Will project adversely imuact any site or struct- ure of historic, pre-~ist6rlc, or paleontological, importance or any site designated as a critical env~rcemental area by a local agency? ~Yes ~No 10. Will project have a m~jor effect on exi~tinq or future recreational opportunities? iI. Will project result in major traffic problems or ~yStems? 12. Will Project regularly cause objectionable odors, noise, glare, Vibratlon, or electrical disturb- 13. Will project have any impact on public health 14. Will pro]oct affect the existing community by ..__Yes ~_NO directly causing a growth in permanen~ pobula- per~od or have a major negative effect on the charact~r of the community or neighborhood? ~roparer,s $~gnature: -- Date: Please complete, sign and return to the Office of the Board of AppoalS 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 sub,it other supporting documenta- tion. r 1. Are there any proposals to chang~ or alter land contours? 2.a)Are there any areas which conuain 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, cuncrete barriers, decks, etc? Se If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground level? State total: ' ' ft. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total: .... ft. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Are there any building permits Pending on this parcel (or abutting land under your ownership, if any)? State Permit ~ and Nature: Yes No~ 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 cQnt~act) 11. Is new construction proposed in the area of contours at 5 feet or less as exists? 12. If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have · you made application to the Town Trustees for an 'inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? Yes ~ Yes _ ~, Yes Yes ~N 9 Yes >, Yes ~/ Yes ~ Yes Yes Yes 13. Please list present use or operations conducted upon the subject property at this time and proposed ~'rO~ Vd~ ~¢l),%mq~q((]~ Please submit photograpnB [or tnu I certif the · y t the above statementl are true and are being submitted reliance by the Eoard of Appeals ~n) considering my application. ~na~urc [Proper~y ~wn~rl ~Au~.-~or~z~ tt~e[l~ -- for 1/88 WETLANDS [Amended H-'_'C,.7[; h~, L.L. A. TIDAL W.~TLANDS: (l)All ]and~ Kenernlly cnvm,~,d or /~'tcrmittcntly ~'nv. ercd with. ur wJlich bord.r on. [hJ;H w:tt~ r~. or lyinK beneath tidal water~, which at mcan ~o~v thio . are covered bF tidal water~ to a maximum depth five (5) feet, includinff but not limited to bank~;, bo~s, salt marsh, swamps, meadaw~, flat~ or Other low lyinff laad~ subject to tidal acthm: (2) All banks, boffs, meadow~, flats ami tidal mar,.~h grow some or any of the f,)llowin~: salt hay, black grass, saRwor~, sea lavender, tall cord~rass, high bush, cattails, ground~cl, marshmallow and march cordgrass; and/ct (3) All land immediately a<ljacen: to a tidal wetland as defined in Sub~ection Al2) and lyinff within seven- ty-five (75) feet lamiward of the mus~ landward edge of such a tidal wetland, FRESIiWATER W~TLAHI)S: (I) "Freshwa~r wetlands" as defined in Article 2.1, tlc 1, ~ 24-0107, Subdivisions l(a) ~ l(d) inclusive, of the Environmen~l Conservation ~w of the of Hew York: and (2) All land immediately adiaccnt to a "freshwater wet. land," as defined in Subsection ~{I I ) and lyin~- with- in se~'cnty-five (75) feet landward of the mcat laud. Ward edge of a "fl'cshxvatt, r wetland.'* 9705 71.-1-41 71 .-1 -42 71. -1 -43 71 .-2-1.1 71.-2-1.2 71.-2-1.3 71 .-2-2 71o-2-5 71 .-2-6 71 .-2-7 71.-2-8 71. 71.-2-10 71.-2-11.2 71.-2-11.3 71.-2-11.4 71. -2-11. 71 .-2-12 71.-2-14 71.-2-15 71.-2-16 71. -2-17 71.-2-1 71.-2-19 71. -2-20 71 .-2-21 71.-2-24 71 .-2-25 71.-2-27 72.-1 -1.5 72.-1 -1 .6 .72.-1-1.7 ?2. -1 -1 .8 ~2.-1 -1.9 ??.-1-1.10 ~.-1-1 '~.-2-1 PAGE £ NQ BAUER RITA I EST 6600 C OJ MCNEILLY JOSEPHINE B 6200 C PC SUFFOLK COUNTY 200 C MI REESE FREDERICK & ANO 400 C NE HARBOR LIGHTS PROP OWN 500 C OA HARBOR LIGHTS PROP OWN C MF PETERSON KENNETH A & W C MY PENFIELD R K & WF C NR REESE HAROLD JR C OK REESE CHRISTINE C PD CAMPBELL JOHN C W C PW HALL ROBERT H C QP KOCH JUDITH C RI MORSCH ROBERT W & WF C LL JONES WILLIAM & WF C NW ROMBOLI BRUCE & EDITH C OS SIMON NEIL M & ROBERTA C PO REESE HAROLD & ANO C QK ZIC ANTHONY C MX POIROT GILBERT & WF C NQ MULLIGAN DENNIS & DORO C OJ VEINBERGS ALFRED H ~ W C PC PRINCIPE ANTHONY F ~ W C PV SEO KYUNG HWA & WF C QO LEVY ROBERT E & WF C RH SIMPSON THEODORE R & W C SA CAMPBELL JAMES J & WF C MD CAMPBELL JAMES J & WF C MW COLE WILLIAM & WF C PA MA~ER GEORGE H ~ LEE C PU HEIDTMANN RUTH C RG HALL ROBERT F & JUNE A C PL VORCE ROGER C QH WERNICK STANLEY C RD BAXTER WILLIAM & ANO C RZ SHATSWELL PROPERTIES I C SV ELS WILLIAM G & WF C MA BAXTER WM J ~ ANO C LV GALLAGHER MICHAEL J ~ C NK BAXTER WILLIAM & ANO C LO BOKINA JENNY C NZ RICCI JOSEPH & CAROLYN CNW THE SOC FOR THE PROP 0 V~ ME JOHNSTON BECKY ~''~ C OM LANCASTER JOHN MARSHAL TOTALS 2OO 6000 2700 2700 2700 2700 10700 8400 10900 13400 9500 6100 100 100 1600 8100 6100 9600 6900 8300 6000 100 9600 100 100 100 100 13000 12400 5600 12500 5100 100 4300 8800 1500 3700 3700 8300 11900 50 PARCELS 257,800 COUNTY (ACTIVE) 257, 800 6600 6200 0 4O0 500 2OO 6000 2700 2700 2700 2700 10700 8400 10900 13400 9500 6100 100 100 1600 8100 6100 4600 6900 8300 600O 100 9600 100 100 100 100 13000 12400 0 12500 5100 100 4300 8800 1500 3700 3700 8300 11900 TWNICITY C WQ VAIL WALI'E~ C XM CAPRISE MICHAEL & WF _ 5300 _ . 5300 C QR LEPRE FRANK & WF 6500 6500 C RN SMITH RANDY & DIANE 1400 1400 C SJ'BALDWIN JEFFREY & MARY 7100 7100 C TF MASER FREDERICK & WF 6100 5000 CUB SORLETTI ANNA & ORS 140~'- '~400 C UX SORLETTI ANNA & ORS 1400 1400 C VT [ANNOLO SALVATORE & WF 1~00 1400 C WP IANNOLO SALVATORE & WF 1400 1400 0 C XL SUFFOLK COUNTY 200 C RL MCGUNNIGLE AG~ES D 2300 2300 C SH MCGUNNIGLE AGNES D 200 0 C TD MCGUNN[GLE AGNES D 1400 200 C TZ MCGUNNIGLE AGNES D 2300 400 C RI DUEER STEVE 5700 400 E SB MOKUS STANLEY 1000 500 C ME GRAEB ROBERT A & PHYLI 46400 10400 C MX SK[REL JULIUS S & WF 11700 5600 C OM SKIREL JULIUS S & WF 1400 600 C OJ SKIREL JULIUS S & WF 3000 300 C PC OATES DAVID & WF 5700 700 C PV FINN[CAN MICHAEL & WF 6800 6800 C QO SCHILKE STUART A & WF 5900 5900 C RH IDLER DORIS C 8700 8700 C SA MCCANN DANIEL & WF 5700 5231 C ST WOODS KENNETH & WF 7900 ?900 C MW KAYEL SCOTT & LINDA 6700 6700 C NP FINNE CHRIS L & WF $gO0 5900 COI TAPLIN ROBERT E t[I& 6800 8800 C PB DELUCA JUDITH A 6300 1300 CPU MATTITUCK GUN CLUB INC 6400 6400 C SF KRUPSKI [D[SDORE P 2200 2200 C TB THOMPSON THOMAS lg00 lg00 C SY CORAZZINI RICHARD W 1800 1800 C TU PUDGE CORP 3800 3800 C NO MCCULLOUGH H NORMAN 3R 6600 6600 C NR KRUPSK! WALTER & WF 5600 5150 C ON KRUPSKI STANLEY W & AN 2300 100 C NO SHALVEY THOMAS L & ORS 17200 !7200 C OH KRUPSKI STANLEY & WF 7100 7100 _ E ~V KRUPSKI STANLE~-W & A~ 19100 6?00 ~ CRR KRUPSK[--JOHN &BROS IN 4100 4100 C PW MARLAKE ASSOCIATES 33900 33900 C QS BERGMANN ER[CH & WF 6000 6000 PAGE TOTALS - 51 PARCELS (ACTIVE) 255,843 COUNTY 255-843 TWN!CITY 73. -2-3.3 73.-2-3.6 ?3. 73. -3-1.1 73.-4 -1 73. -4-2.1 73.-4-2.2 73.-4-2.3 73. -4-2.4 73.-4 -3 73. -4-4.1 73. 73.-4-5 73. -5-1 73. -6-1 7&.-1-1 74.-1-2 74.-1-3 74.-1-5 74. -1-6 74. -1-7 74. -1-8 74. -1-9 74. -.1 - 10 74.-1-11 ?4. -1-12 74. -~1 -13 74. -1 - 14 74.-1-15 74.-1-16 74. -1 - 17 7~.-1-18 7~.-1-19 7~.-1 7~.-1-21 7~.-1 -22 7~.-1-23 7~.-1-35.51 7~.-1-35. 7~.-1-35.53 7~.-I -35. 7~.-1-35.55 7~.-1 -35.56 7~.-1-35.57 7~.-1 -36 7~.-1-37.2 7~.-1 -37. 7~.-1 QE MURPHY MARY FI T?ABET~ C SS MALEKAN MANOUCHEHR -- <~ OJ BOKINA JEN~ C NQ MARLAKE ASSOCIATES C NK ROSS WALTER S C OZ NORTH FORK VENTURES IN C PV GREENFIELD RICHARD & W C QR STANZON! GARY & DOREEN C RN GREENFIELD RICHARD & W C OW SORANNO CARL & DOROTHY C PP TROYANO PETER J J & WF C QL TROYANO PETER J J & WF C RH TROYANO PETER J J & WF C Q[ MELISSARIS LEO C OA CORRADO PHILIP V & WF C OQ WURTZ ELIZABETH & ORS C EX GARRIDO JOSEPHINE & AN C MQ GARRIDO JOSEPHINE & AN C NJ 8LACKHAM WILLIAM & WF C OV GENTILE JOSEPH T & WF C PO LEONE RAYMOND & KATHLE C QH BRANDI ANTHONY J & WF C RA SCHUTTE GERALDINE C RT PAPADOPOULOS JOHN & OR C LW JAYNE RANDI C MP 8ARTOSZEWICZ ALFRED C NI TOWN OF SOUTHOLD C OB BETTY JOSEPH I & WF C OU VIOLA GEORGE J C PN HELF FREDERICK & WF C QG VOLOSIK JOHN JOSEPH & C QZ TENEDIOS PANAGIOTIS & C RS KASTERNOZ KOSTAND[ C SL BRECK CONTRACTING CORP C MO GRAsEcK CARL J & C NH STEPNOSK[ HENRY G & WF C 0A STEPNOSKI HENRY & HELL C OT MILLMAN SAUL & JANET C VU CPF ENTERPRISES C WQ PRINCIPI RICHARD & WF C XM PRINCIPI DOMINICK C YI CURTO NINA C ZE DEROSA ARTHUR & WF C AA FUSARO MARIO J & ANO C AW CPF ENTERPRISES C RQ WICKS FLORENCE C UB EBELING JOHN & WF C UX MCGUNNIGLE THOMAS P C TC PECONIC TRAIL ASSOC[AT 3900 3900 3900 3900 3900 3900 12200 12200 12200 24100 24100 24100 8400 8400 8400 3200 3200 3200 2800 ~800 2800 800 800 800 600 600 600 8200 8200 8200 10100 0 0 10400 5400 5400 1900 1900 1900 2200 2200 2200 5300 5300 5300 2500 2500 2500 1000 1000 i000 500 500 500 soo SOo soo 3600 3600 3600 8900 8900 8900 5600 5600 5600 4400 4400 4400 6100 6100 6100 5300 300 300 400 4O0 400 100 0 0 4200 4200 4200 4800 4800 7100 7100 5soo ssOo 6100 6100 600 600 600 600 s40o s400 400 400 5200 5200 6100 5318 3500 3500 3400 3400 3200 3200 3000 3000 3000 300o 3100 3100 14600 14600 40600 40600 7600 6100 131oo 77o0 77oo 11200 11200 11200 4800 7100 5500 6100 600 600 5400 400 5200 5318 3500 3400 3200 3000 3000 3100 14600 40600 6100 I OAIG ISIAAtD ~ $0~ R-80 R-80' (~) COUNTY OF SUFFOLK Real Property Tax Service Agency SoUthold Town Board of Appeals htAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 Application 'Dated February 28, l 986 TO: Michael J. Ha]], Esq. as [Appellant(s)] Attorney for BECKY JOHNSTON ¥0ungs Avenue S0uth0]d, NY ]]97] At a Meeting of the Zoning Board of Appeals held on September 11~ 1986, the above appeal was considered, and the action indicated below was taken on your IX] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a (temporary) [ ] Request for Special Exception under the Zoning Ordinance Article , Section [ ] Request for Variance to the Zoning Ordinance Article , Section [ ] Request 'for Application of BECKY JOHNSTON.. Vaniances for: (l) Building Inspector to issue building permit allowing existing structure to be weatherized, prior to final 280-a access approval, and (2) approval of access in accordance With New York Town Law, Section 280-a, over private right-of-way extending from the northerly end of Bridge Lane Extension and Oregon Road, over lands of Bokina, identified on the Suffolk County Tax Maps as 1000-73-2-4, to premises of Johnston, identified on the Suffolk County Tax Maps as 1000-73-2-1. WHEREAS, a public hearing was held and concluded on August 14, 1986 in the Matter of the Application of BECKY JOHNSTON under Appeal No. 3478; 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 property to which appellant is requesting New York Town Law, Section 280-a approval, is located in the "A' Residential and Agricultural Zoning District as more particularly shown on survey amended August 7, 1985 prepared by Roderick VanTuyl, P.C. #4508-6, contains a total lot area of 25,072 sq. ft., average lot width of lO0 feet and lot depth of 287 feet, and is identified on the Suffolk County Tax Maps as District 1000, Section 73, Block 2, Lot 1. The subject premises is improved with a single-family dwelling under substantial re-construction. 2. The right-of-way over which appellant has requested 280-a consideration is situated at the north side of Oregon Road (and Bridge Lane Extension), and extends in a northerly direction along the east side of Baxter's right-of-way and over lands of Bokina, a distance of 1868 feet, more or less, to a survey monu- ment, then extending in an easterly direction along a northerly (CONTINUED ON PAGE TWO) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Foz~n ZB4 (rev. 12/81) r~ge 2 - Appeal No. 3478 .latter of BECKY JOHNSTON (Variance) Decision Rendered September ll, 1986 portion over lands also of Bokina, to the premises of the appellant, a distance of 510 feet, more or less. 3. In this application, appellant requests a Variance pursuant to the requirements of New York Town Law, Section 280-a, for: (a) the Building Inspector to be permitted to issue a build- ing permit allowing the existing structure to be enclosed and weatherized, prior to final 280-a access approval, and (b) final New York Town Law, Section 280-a approval. 4. At a Special Term, Part II ef the Supreme Court of the State of New York, County of Suffolk, under Index No. 86-11849, a proceeding is pending between the appellant and the owners of the premises over which the right-of-way is claimed concerning the question of the applicant's easement and rights thereto. 5. The applicant and her attorney are aware that this board does not have authority to determine or grant right-of-way easements, and that this action is merely a temporary 280-a variance, for the issuance of a limited building-permit by the Building Inspectorj Which must conform with all other town, cougty, and 9ther governmental rules and regulations, for the enclosure of the dwelling presently under construction for protection from bad weather conditions, and is subject to the appellant having legal rights to enter over and upon these lands, and as is ordered by the Courts in settlement of the pending proceeding. 6. Assurance has been given by the applicant and her attorney that physical access to the structure is available by reasonable means and that there will be no occupancy of the premises once the structure is enclosed for weather protection. 7. It is noted for the record that under Appeal No. 2609 a conditional 280-a variance was granted o~ January 22, 1980 concerning premises to the west and conditions of which have not yet been complied. 8. After inspection, it is the opinion of the board members that some improvements will be necessary upon the right-of-way for sufficient access by fire and emergency vehicles, as further noted below. In granting this temporary 280~a variance, the board finds: (a) the relief requested is not substantial; (b) there will be no substantial change in the character of this district; (c) the relief as conditionally granted will not cause a substantial effect or detriment to adjoining properties; (d) the circumstances of this appeal are unique and there is no other method feasible for appellant to pursue other than a variance; (e) in view of the manner in which the difficulty arose, justice will be served by allowing the variance, as conditionally noted below. _Accordingly, on motion by Mr. Sawicki, seconded by Mr. Goehringer, it was RESOLVED, that a temporary 280-a approval is hereby age 3 - Appeal No. 3478 Matter of BECKY JOHNSTON (Variance) Decision Rendered September ll, 1986 GRANTED TO ALLOW ISSUANCE OF A TEMPORARY AND LIMITED BUILDING PERMIT SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the applicant have an easement and rights over the right-of-way in question; 2. That this approval is subject to Courts p~nding concerning this matter; 3. That the applicant and/or future must re-apply for final 280-a approval in New York Town Law after Court settlement the action of the property owners accordance with for reconsideration; 4. That this temporary 280-a approval include the following improvements for sufficient access within the base of the right-of-way: Extending from the rear of the existing barn to the most northerly survey monument, a distance of 800 feet, more or less be excavated six inches deep and replaced with six inches of bankrun (20% stone content), a minimum width of ten feet. 5. Proper issuance of a temporary building permit shall be permitted by the Building Inspector only for the enclosure of the dwelling under construction for .protection from bad-weather conditions. No further construction shall be permitted until final 280-a has been filed and re-cons, ider~d (see Condition No. 3, supra. ) Vote of the Board: Ayes: Doyen, Douglass and Sawicki. lk Messrs. Goehringer, Grigonis, This resolution was duly adopted. September 14, 1986 TOWN OF $OUFitOLD County, New York 516 - 765d801 ~~ ' / BOARD OF APPEALS, TOWN OF SOUTHOLD ~ ~ In the Matter 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. Th~ntention of the undersigned to petition the Board of Appeals of the Town of Southold to request aCarianc~,~Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: COu~trt ~J'~Ly ~ar~jO00 Sec'J. 0:~ - O~-ol ~ )~ I m~l~L~/ ~ ~ ~g 3. That the property which is the subject of such Petition is located in the following zoning district: fiat lB such Petition, the undersigned will requ~'st the following relief: 5. That the provisions of the Southold Town Zoning Code applicable, to the relief sought by the under- signed are ~CJ.cle ~ Sectzon J O0 -- '~ l - z41 (~ ~ [ ] Section 280-^, New York Town Law for approval of access over rJght(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: /;/c~/ ~ f Petitioner Owners 'Names :.~hxa~'fh Pos~ office Address Tel. No. (2/2) [Copy of sketch or plan showing proposal to be attached for convenience purposes,] NAME PROOF OF MAILING OF NOTICF A'~'~ACH C'~.R'~T~'T'~,D MA'rT. ADDRF¢C ~ 61~ 303 p 0~0 612 30S STATE OF NEW YORK ) ......... COUNTY OF SUFFOLK) ss.: ., t ~e~ ~ , . being duly sworn, depos~ and says that on the ~ day of - ~ ~TM ' ,19 ~, deponent mailed a true copy of ~he Notice set forth on the re- verse sid~ hereof, directed to each of the above-named persons at the addresses set opposite thor respective name; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the curren~ssessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- rice at '~C ~ ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to b.e..~ore me this ?z-~" daygf 7Z.¢~',. , ,19 ~' Notary Public MARY ANN CYBULSKI NOTARY PUBLIC State of New York Re~dmg in Suffolk Counly No 52-5895900 (This side does not have to be completed on form transmitted to adjoining property owners.)